(c) any work involving the development of safe working systems for railways. Reg. 5(2) inserted by S.R. No. 9/2008 reg. 6. (2) For the purposes of section 7 of the Act, maintaining, monitoring or inspecting rail infrastructure or associated works for the purpose of assessing or undertaking fire prevention work is not rail safety work for the purposes of Division 2 of Part 5. Reg. 5(3) inserted by S.R. No. 9/2008 reg. 6. (3) For the purposes of section 7 of the Act, monitoring, inspecting or testing of— (a) rolling stock; or (b) civil or electric traction infrastructure; or Reg. 5(3)(c) amended by S.R. No. 30/2014 reg. 8. (c) signalling or telecommunications systems— is not rail safety work if undertaken by a transport safety officer for compliance and investigative purposes. Reg. 5(4) inserted by S.R. No. 9/2008 reg. 6, amended by S.R. No. 104/2011 reg. 3. (4) In this regulation compliance and investigative purposes has the same meaning as in section 228S(1) of the Transport (Compliance and Miscellaneous) Act 1983. r. 5 __________________ Pt 2 Div. 1AA (Heading and regs 6AA, 6AB) inserted by S.R. No. 9/2008 reg. 7. Division 1AA—Exemption from accreditation Reg. 6AA inserted by S.R. No. 9/2008 reg. 7. 6AA Certain rolling stock operators exempt
Reg. 8(1) amended by S.R. No. 30/2014 reg. 12(1). r. 8 (1) An accredited rail transport operator must, within 28 days, notify in writing, the Safety Director of any change to information— (a) relating to the operator's application for accreditation; or (b) relating to item 3.2 of Schedule 2; or (c) that was included in the application submitted by the operator for that accreditation. Example to reg. 8(1) amended by S.R. No. 30/2014 reg. 12(2). Example Changes with respect to the name of the accredited rail transport operator, the registered business name or trading name of the accredited rail transport operator, the name of directors, or the registered business address. (2) Subregulation (1) is a condition of accreditation. Pt 2 Div. 1A (Heading and regs 8A–8D) inserted by S.R. No. 30/2014 reg. 13. Division 1A—Exemptions Reg. 8A inserted by S.R. No. 30/2014 reg. 13. 8A Information to be provided by applicants under section 61B(2) of the Act (1) An application for an exemption must contain— (a) the following details of the applicant— (i) the applicant's name; (ii) the applicant's residential address or, in the case of a body corporate or partnership, its registered business address; and r. 8A (b) if the applicant is a partnership—
Reg. 14(2)(a) amended by S.R. Nos 113/2011 reg. 8(2), 30/2014 reg. 20. (a) the accredited rail transport operator is required to apply for a variation of accreditation under section 54(1) of the Act; or (b) a major incident occurs; or (c) a recommendation of a safety audit is that the SMS should be reviewed. 15 penalty units. Reg. 14(3) amended by S.R. Nos 113/2011 reg. 8(2), 30/2014 reg. 20. (3) The accredited rail transport operator must record the date the SMS is reviewed. 5 penalty units. (4) A review of the SMS may form part of the annual review required by regulation 49. Reg. 14A (Heading) amended by S.R. No. 30/2014 reg. 21(1). Reg. 14A inserted by S.R. No. 113/2011 reg. 9. 14A Review and revision of systems and arrangements for registered rail transport operators of private sidings Reg. 14A(1) amended by S.R. No. 30/2014 reg. 21(2). (1) A rail transport operator who is registered under section 69F of the Act must ensure that its system and arrangements are reviewed— (a) at intervals that do not exceed 5 years; or (b) at shorter intervals as specified in its system and arrangements. Penalty: 15 penalty units.
another to the person from whom the sample was taken. Reg. 22(3) amended by S.R. No. 30/2014 reg. 28(2). (3) If a blood sample is taken under section 86H of the Act and has, in accordance with this regulation, been placed in containers which have been sealed and labelled, the registered medical practitioner or approved health professional must ensure that— (a) one container is placed in a locked receptacle provided for the purpose at the place at which the sample was taken; and (b) one container is placed and sealed in a container labelled "screening sample"; and (c) one container is delivered to the person from whom the blood sample was taken or placed with that person's personal property at the place at which the sample was taken. Reg. 23 (Heading) amended by S.R. No. 30/2014 reg. 29(1). Reg. 23 amended by S.R. No. 30/2014 reg. 29(2). 23 Certificate under section 85(8) r. 23 A certificate given under section 85(8) of the Act must contain the following particulars— (a) the serial number of the breath analysing instrument; and (b) the sample number; and (c) the location of the test; and (d) the name and date of birth of the person whose breath is analysed; and (e) the surname of the operator; and (f) the results of the self tests conducted by the breath analysing instrument before and after the person's breath is analysed; and (g) the results of zero tests conducted by the breath analysing instrument before and after the person's breath is analysed; and
broken into parts, each part of the sample has attached to it a label bearing— (a) the name and signature of the police officer to whom the oral fluid sample was provided; and (b) the date and time the sample was provided; and (c) the name of the person who provided the sample or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person who provided the sample. Reg. 32 substituted by S.R. No. 30/2014 reg. 35. 32 Certificate under section 86J(5) A certificate for the purposes of section 86J(5) of the Act must contain the following particulars— (a) a statement by the registered medical practitioner or approved health professional that the requirements of these Regulations for the taking of blood samples have been complied with; (b) the name of the person from whom the oral fluid sample was taken; (c) the time and date the oral fluid sample was taken; (d) the name and signature of the registered medical practitioner or approved health professional who took the oral fluid sample. Reg. 33 substituted by S.R. No. 30/2014 reg. 35. r. 33 33 Certificate under section 86J(6) A certificate under section 86J(6) of the Act must, in addition to a statement as to the presence of a drug in that sample of oral fluid, contain the following particulars—
Table Column 1 Column 2 Column 3 Item Decision, event or change When notification must be given r. 46A 1 A decision to design or construct, or to commission the design or construction of, rolling stock or new railway tracks. As soon as is reasonably practicable after the decision is made. 2 The introduction into service of rolling stock of a type not previously operated by the operator, or the reintroduction into service of rolling stock not currently operated by the operator. At least 28 days before the date the operator intends to introduce or reintroduce the rolling stock into service. 3 A change to a safety critical element of existing rolling stock. At least 28 days before the date the operator intends to bring the change into operation. 4 A change to one or more of the classes of rail infrastructure used in the operator's railway operations. At least 28 days before the date the operator intends to introduce the new class of rail infrastructure into service. 5 A change to a safety standard for the design of rail infrastructure or rolling stock. At least 28 days before the date the operator intends to adopt the change.
Table to Sch. 1 amended by S.R. No. 30/2014 reg. 57. Table Item Description of fees Fee units and method for calculating fees Regulation Reference 1. Fee to accompany an application for accreditation Unless the application under regulation 6 is made by a tourist and heritage railway operator, the fee to accompany an application for accreditation 500 50 Fee to accompany an application made by a tourist and heritage railway operator under regulation 6 100 50 2. Fee for temporary accreditation Fee for issue of a temporary accreditation under section 47(2) of the Act 50 fee units for each week or part of a week, but not exceeding an amount of 500 fee units 51 2A. Exemption Fee for application for an exemption 0 8A Item Description of fees Fee units and method for calculating fees Regulation Reference 3. Fee for registration of a private siding Fee to accompany an application for registration of a private siding 50 52 4. Fees to be paid after 53
(including a light rail vehicle) to be operated by the rolling stock operator in Victoria for the coming year; (c) In the case of a tourist and heritage railway operator 0 5. Annual fees for accredited operators 54 The annual accreditation fee with respect to— (a) an accredited rail infrastructure manager an amount of 2 fee units for each kilometre of railway track managed by that person in based on the previous financial year; (b) an accredited rolling stock operator (i) 19 fee units for each 1000 kilometres, or part thereof, traveled by each freight train operated by the operator in Victoria during the previous financial year; and Sch. 1 Item Description of fees Fee units and method for calculating fees Regulation Reference (ii) 1 fee unit for each 1000 kilometres, or part thereof, traveled by each passenger train or tramway car (including light
21.2 Details of the implementation and updating of the documents specified in 21.1. 21.3 Procedures for the control and verification of the design of structures, vehicles, equipment, and systems, in accordance with the engineering standards and procedures, and operational systems safety standards as specified in item 21.1. 22 Process control Sch. 2 item 22.1 amended by S.R. No. 30/2014 reg. 58(28). 22.1 Procedures for the rail transport operator to monitor its compliance with the documented procedures specified in item 21, including procedures for the inspection and testing of safety related engineering and operational systems. 22.2 Procedures for the control, calibration and maintenance of all equipment used for the purposes of inspection and testing of rail infrastructure or rolling stock. 22.3 Arrangements for the establishment and maintenance of inspection and test records to provide evidence of the condition of rail infrastructure or rolling stock. Sch. 2 item 22.4 amended by S.R. No. 30/2014 reg. 58(29). 22.4 Procedures for the documentation of processes required by the SMS and undertaken by the rail transport operator, including— Sch. 2 safe working procedures; operational procedures; rolling stock management procedures; traffic management procedures; infrastructure integrity procedures; electric traction infrastructure procedures.
Sch. 3 item 1.1 amended by S.R. No. 30/2014 reg. 59(2). 1.1 Processes for the identification of potential risks to the safety of railway operations carried out by that rail transport operator for the purposes of developing a safety interface agreement. Sch. 3 item 1.2 amended by S.R. No. 30/2014 reg. 59(3). 1.2 Copies of all safety interface agreements developed by the rail transport operator. 2 Risk management 2.1 So far as is reasonably practicable, processes for the identification of incidents and hazards and the assessment of all possible incidents and hazards identified. Sch. 3 item 2.2 amended by S.R. No. 30/2014 reg. 59(4). 2.2 A description of the control measures adopted by the rail transport operator. 2.3 A risk register that includes— (a) a comprehensive listing of hazards; (b) risks associated with each hazard; (c) the control measures applicable to each hazard; (d) nomination of the person responsible for each control measure; (e) key engineering, operational and maintenance standards applicable to each control measure; and (f) any relevant cross-referencing to other related aspects of the system and arrangements or regulations. 2.4 Processes to ensure, so far as is reasonably practicable, that rail safety work is prioritized so that those hazards representing the greatest risk are given priority.