Victorian Consolidated Legislation

Rail Safety Act 2006 - SECT 40

Criteria on which accreditation applications by rolling stock operators are to be assessed

40. Criteria on which accreditation applications by rolling stock operators
are to be assessed

The Safety Director must accredit a rolling stock operator in respect of the
rolling stock operations the rolling stock operator carries out if the Safety
Director is satisfied that-

   (a)  the rolling stock operator-

   (i)  is accredited in another State or a Territory of the Commonwealth to
        carry out rolling stock operations of a similar kind in that State or
        Territory; or

   (ii) has the competence and capacity to carry out those operations safely;
        and

   (b)  the rolling stock operator has demonstrated to the Safety Director
        that-

   (i)  the rolling stock operator has taken all reasonable steps to comply
        with Division 3; and

   (ii) the rolling stock operator's safety management system complies with
        Division 4 of Part 3; and

   (iii) the rolling stock operator has complied with section 26; and

   (c)  the rolling stock operator has the financial capacity, or has public
        risk insurance arrangements, to meet reasonable potential accident
        liabilities arising from the carrying out of rolling stock operations;
        and





   (d)  unless the rolling stock operator is also the rail infrastructure
        manager who controls the railway on which the rolling stock will be
        operated-the rolling stock operator has an agreement with the rail
        infrastructure manager who controls the railway on which the rolling
        stock operator wishes to operate particular rolling stock, and the
        agreement includes appropriate arrangements for the safe operation of
        the rolling stock.