Document ID: chunk:federal_register_of_legislation:F2016C00700:clause:1_34
Version: federal_register_of_legislation:F2016C00700
Segment Type: clause
Provision Reference: sch 1 cl 34
Character Range: 50293–53085

34  What applicant for accreditation must demonstrate
  The Rail Safety Regulator must not grant accreditation to an applicant unless satisfied, having regard to the guidelines applicable to this section, that the applicant has demonstrated—
 (a) that the applicant is a rail infrastructure manager or rolling stock operator in relation to the railway operations for which accreditation is sought; and
 (b) that the applicant has the competence and capacity to manage risks to safety associated with the railway operations for which accreditation is sought; and
 (c) that the applicant—
 (i) has the competence and capacity to implement the proposed safety management system; and
 (ii) has the financial capacity, or has public risk insurance arrangements, to meet reasonable potential accident liabilities arising from the railway operations; and
 (d) that the applicant has met the consultation requirements of this Act in relation to the applicant's safety management system; and
 (e) that the applicant has complied with the requirements prescribed by the regulations (if any) for the purposes of this section.

35 Rail Safety Regulator may direct applicants to co‑ordinate and co‑operate in applications
 (1) If the Rail Safety Regulator—
 (a) receives applications from 2 or more rail transport operators for accreditation; and
 (b) believes that co‑ordinated preparation of the applications is necessary to ensure that the railway operations of the applicants are carried out safely—
the Rail Safety Regulator may give a direction in writing to the rail transport operators to co‑ordinate their applications.
 (2) A direction under this section may require each rail transport operator that is the subject of the direction to provide to each other rail transport operator that is the subject of the direction information concerning any circumstances in relation to the carrying out of railway operations by the first‑mentioned rail transport operator that could constitute a risk to safety in relation to the carrying out of rail operations by another rail transport operator that is the subject of the direction.
 (3) A rail transport operator that is given a direction under sub‑section (1) must comply with the direction.
Penalty: In the case of a natural person
Penalty: In the case of a body corporate
 (4) A rail transport operator that has co‑ordinated the preparation of an application in accordance with this section must include in the application reference to information given by the rail transport operator to each other rail transport operator, and information given to the rail transport operator by each other rail transport operator, in accordance with a direction under this section.
Penalty: In the case of a natural person
Penalty: In the case of a body corporate