Document ID: chunk:federal_register_of_legislation:F2007L03870:body:0:p13
Version: federal_register_of_legislation:F2007L03870
Segment Type: other
Provision Reference: 
Character Range: 31719–34497

jurisdiction may choose not to require the information set out in paragraph (b)]

 (2) The rail transport operator must provide the [monthly] return required by subregulation (1) (a) to the Rail Safety Regulator as soon as is practicable after [the end of each month, and not later than the 21st day of the following month].

 (3) The rail transport operator must provide the annual return required by subregulation (1) (b) to the Rail Safety Regulator before 29 July in the financial year to which it relates, or before any other date or period that is specified by the Regulator.

 (4) In this regulation, financial year means the period of 12 months ending at midnight on 30 June.

 [local variations ‑ sub‑regulations (3) and (4) are only required if sub‑regulation (1)(b) is included.]

 [Drafting Note: Section 72 of the Act provides the power to prescribe information that a rail transport operator must provide to the rail safety regulator at the times, and in the manner, specified by the regulator. This power is reserved until there is national agreement as to how it should be used.]

28 Reporting of notifiable occurrences

 (1) For the purposes of this regulation —
 (a) a Category A notifiable occurrence is any of the following notifiable occurrences —
 (i) an accident or incident that has caused death, serious injury or significant property damage;
 (ii) a running line derailment;
 (iii) a running line collision between rolling stock;
 (iv) a collision at a road or pedestrian level crossing between rolling stock and either a road vehicle or a person;
 (v) a fire or explosion on or in rail infrastructure or rolling stock that affects the safety of railway operations or that endangered one or more people;
 (vi) a suspected terrorist attack;
 (vii) any accident or incident involving a significant failure of a safety management system that could have caused death, serious injury or significant property damage;
 (viii) any other accident or incident that is likely to generate intense public interest or concern;
 (b) a Category B notifiable occurrence is any of the following notifiable occurrences, unless that occurrence is also a Category A notifiable occurrence —
 (i) a derailment other than a running line derailment;
 (ii) any collision involving rolling stock, other than a collision described in paragraph (a) (iii) or (iv);
 (iii) any incident at a road or pedestrian level crossing, other than a collision described in paragraph (a) (iv);
 (iv) the passing of a stop signal, or a signal with no indication, by rolling stock without authority;
 (v) any accident or incident where rolling stock exceeds the limits of authorised movement given in a proceed authority;
 (vi) any failure of a signalling or communications system that endangers,