Victorian Consolidated Legislation

Rail Safety Act 2006 - SECT 42

Safety Director may give directions in relation to rolling stock operator applicants

42. Safety Director may give directions in relation to rolling stock operator
applicants



(1) This section applies if-

   (a)  the Safety Director is satisfied that a rolling stock operator who has
        applied for accreditation of the rolling stock operations that they
        carry out, or intends to carry out, has made a reasonable attempt to
        obtain the agreement required by section 40(d) from the rail
        infrastructure manager who controls the railway on which the person
        proposes to operate rolling stock; and

   (b)  the Safety Director is satisfied that the rail infrastructure manager
        is unreasonably refusing to enter such an agreement, or is otherwise
        unreasonably delaying the negotiation of such an agreement.

(2) The Safety Director may issue a written notice to the rolling stock
operator and the rail infrastructure manager.

(3) A notice under subsection (2)-

   (a)  must warn the parties of the Safety Director's powers under this
        section; and

   (b)  must warn the parties that the Safety Director may issue a direction
        under subsection (4) at any time after a specified date; and

   (c)  must contain a copy of this section and section 41; and

   (d)  may contain suggested terms concerning the safe operation of the
        rolling stock.

(4) If a notice is given specifying a date under subsection (3)(b) and no
agreement has been entered into by or on that date, the Safety Director-

   (a)  may determine the arrangements that are to apply to enable the safe
        operation of the rolling stock; and

   (b)  may direct either or both parties to give effect to the arrangements;
        and

   (c)  may specify by when a direction must be complied with.

(5) A direction under subsection (4)-

   (a)  must be in writing; and

   (b)  must set out any arrangements determined by the Safety Director under
        that subsection; and

   (c)  must be accompanied by a copy of this section and section 41.

(6) A person who is given a direction under subsection (4) must comply with
the direction.

Penalty: 100 penalty units.

(7) If a person is guilty of an offence against subsection (6), the person is
guilty of a further offence in respect of each day after the day on which the
initial offence was committed during which the person fails to comply with the
direction, and is liable to a penalty of up to 100 penalty units for each such
further offence.

(8) This section applies regardless of when the relevant application for
accreditation was made.