Victorian Consolidated Legislation

Rail Safety Act 2006 - SECT 21

Duty of rolling stock operators to ensure safety of rolling stock operations

21. Duty of rolling stock operators to ensure safety of rolling stock
operations



(1) A rolling stock operator must, so far as is reasonably practicable, ensure
the safety of rolling stock operations carried out by the rolling stock
operator.

Penalty: In the case of a natural person, 1800 penalty units; In the case of a
body corporate, 9000 penalty units.

(2) Without limiting subsection (1), a rolling stock operator contravenes that
subsection if the rolling stock operator fails to do any of the following-

   (a)  provide or maintain rolling stock that is, so far as is reasonably
        practicable, safe;

   (b)  provide or maintain systems of rail safety work that are, so far as is
        reasonably practicable, safe;

   (c)  provide, so far as is reasonably practicable, such-

   (i)  information, instruction, training or supervision to rail safety
        workers as is necessary to enable those workers to perform their rail
        safety work in a way that is safe; and

   (ii) information to persons on railway premises (other than rail safety
        workers) as is necessary to enable those persons to ensure their
        safety.

(3) An offence against subsection (1) is an indictable offence.

Note However, the offence may be heard and determined summarily (see section
53 of, and Schedule 4 to, the Magistrates' Court Act 1989).

Division 3-Safety duties of other persons