TRANSPORT ADMINISTRATION ACT 1988 - SECT 3H
Review by relevant safety regulator of directions relating to transport safety matters
TRANSPORT ADMINISTRATION ACT 1988 - SECT 3H
Review by relevant safety regulator of directions relating to transport safety matters
(1) In this section--
"direction" means a direction given by TfNSW under section 3G to a body (a
"transport authority" ).
"relevant safety regulator" means-- (a) in the case of a direction relating to
rail services or infrastructure--the National Rail Safety Regulator, or other
independent professional person, approved by the Minister as the
relevant safety regulator for the purposes of this section, or
(b) in the
case of a direction relating to bus services--the Chief Investigator, or other
independent professional person, approved by the Minister as the
relevant safety regulator for the purposes of this section, or
(c) in the
case of a direction relating to ferry services--the Chief Investigator, or
other independent professional person, approved by the Minister as the
relevant safety regulator for the purposes of this section.
"safety management system" of a transport authority means any
safety management system that the authority is required to have-- (a) under
section 9D of the Passenger Transport Act 1990 , or
(b) under section 99 of
the Rail Safety National Law (NSW) , or
(c) under the National law (within
the meaning of the Marine Safety Act 1998 ).
(2) A transport authority may
advise TfNSW of the likely impact on its safety management system of
compliance with a direction of TfNSW (including whether the authority needs to
make appropriate modifications to its safety management system before it is
able to comply with the direction).
(3) As a result of that advice, TfNSW
may-- (a) change or revoke the direction, or
(b) suspend the direction and
request the relevant safety regulator to review the likely impact of the
direction.
(4) If-- (a) TfNSW does not change, revoke or suspend the
direction, and
(b) the transport authority considers that as a result of the
direction it will not be able to comply with its safety management system,
the
transport authority may, within 14 days after receiving the direction, request
the relevant safety regulator to review the likely impact of the direction.
Any such request operates to suspend the direction.
(5) The
relevant safety regulator is to review the likely impact of the direction on
the safety management system within 14 days after being requested to do so,
and notify TfNSW and the transport authority of the result of its review.
(6)
TfNSW may, as a result of the review, confirm, change or revoke the direction.
(7) Unless a suspended direction is sooner revoked, the suspension of the
direction ceases-- (a) at the end of the period of 14 days after the
relevant safety regulator is requested to review the likely impact of the
direction, or
(b) at such time TfNSW decides, as a result of the review, to
change or confirm the direction,
whichever first occurs. However, TfNSW may
extend the suspension beyond the period that it would otherwise cease under
this subsection.
(8) TfNSW may, without limiting any other provision of this
section, request the relevant safety regulator for advice on the safety
implications of a direction or proposed direction.
