Railway Safety Act 2005

Safety assessment of new works.

42

42.—(1) A F45 [ railway organisation ] shall not commence construction, installation or assembly of new works unless—

( a) it has submitted a safety assessment (referred to in this section as a “new works assessment”) to the Commission in such form and containing such information—

(i) as it considers appropriate to show to the satisfaction of the Commission the safety of the new works, or

(ii) as the Commission may set out in guidelines published in accordance with section 39(4) ,

and

( b) the Commission has issued a communication under subsection (4) .

(2) Where the Commission considers that the information provided in a new works assessment, or in a revised new works assessment under subsection (3), is not adequate, or the Commission is not satisfied—

( a) that the proposed method of construction, installation or assembly is adequate to ensure, in so far as reasonably practicable, the safety of persons during that construction, installation or assembly, or

( b) as to the expected operational safety of the new works,

the Commission shall serve a written notice to that effect on the F45 [ railway organisation ] and that notice shall set out the reasons for the Commission's decision to serve the notice.

(3) A F45 [ railway organisation ] in receipt of a notice under subsection (2) may submit a revised new works assessment which addresses the matters raised in such notice.

(4) Where, on the basis of the information contained in a new works assessment or in a revised new works assessment under subsection (3) , the Commission is satisfied—

( a) that the proposed method of construction, installation or assembly is adequate to ensure, in so far as reasonably practicable, the safety of persons during that construction, installation or assembly, and

( b) as to the expected operational safety of the new works,

the Commission shall communicate in writing its acceptance of a new works assessment to the F45 [ railway organisation ] concerned.

(5) A F45 [ railway organisation ] shall obtain the consent of the Commission before bringing into operation the completed new works.

(6) A F45 [ railway organisation ] shall, within 21 days of receipt of a communication under subsection (4), amend its F46 [ safety management document ] to reflect the implications of the new works assessment.

(7) The Commission may at its discretion give a general or specific exemption from the requirements of this section where, in the opinion of the Commission, the new works are similar to works of a F45 [ railway organisation ] which are already in operation and where the F46 [ safety management document ] of the F45 [ railway organisation ] would not require revision when the new works are being brought into operation.

(8) A F45 [ railway organisation ] shall not commence commissioning of a new railway line or an addition to an existing railway line until—

( a) it has provided such information to the Commission, as may be specified by the Commission in any individual case, that, for the purposes of commissioning, demonstrates to the satisfaction of the Commission—

(i) the safety and suitability of the railway line, and

(ii) the adequacy of the systems and procedures to ensure safety of persons,

( b) the Commission has given its consent to such commissioning.

(9) The Commission may, where it considers it appropriate to do so, direct a F45 [ railway organisation ] to engage a suitably qualified person to independently assess a new works assessment or a revised new works assessment and the report of such person shall be submitted to the Commission at the same time as the submission under subsection (1) or subsection (3).

(10) Where a F45 [ railway organisation ] has altered its new works assessment on the basis of the report of a person engaged in accordance with subsection (9), a statement of the actions taken by the F45 [ railway organisation ] in response to the report, together with the report of the person and the new works assessment as amended, shall be submitted to the Commission.

(11) It shall be the duty of the Commission to ensure that it carries out its functions under this section as expeditiously as may be, and for that purpose, to take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in its performance of its functions under this section.

(12) Without prejudice to the generality of subsection (11), and subject to subsection (9), it shall be the objective of the Commission to ensure that it issues a notice under subsection (2) or a communication under subsection (4) within—

( a) 28 days, beginning on the date of receipt by the Commission of a new works assessment or a revised new works assessment or receipt of all information or clarifications requested under subsection (13), or

( b) such other period as the Minister may specify by order, after consultation with the Commission and F45 [ railway organisation ]s.

(13) The Commission may, for the purpose of carrying out its functions under this section, request any additional information or clarifications from a F45 [ railway organisation ] and the undertaking shall comply with such a request.

(14) A F45 [ railway organisation ] which does not comply with this section is guilty of an offence and is liable—

( a) on summary conviction, to a fine not exceeding €3,000, or

( b) on conviction on indictment, to a fine not exceeding €500,000.

(15) In this section, “new works” means new or material changes to railway infrastructure of operational significance, including, for the avoidance of doubt, railway lines or additions to existing railway lines, bridges and structures, stations or other buildings required to operate or maintain railways, level crossings and signalling systems or such other works as may, by order, be specified by the Minister, after consultation with the Commission and F45 [ railway organisation ]s.

(16) Where a F45 [ railway organisation ] proposes to replace the gates at a specific level crossing with barriers, lights or other automatic devices or appliances, and

( a) it has submitted a new works assessment in respect of those works which has been accepted by the Commission under subsection (4), or

( b) where the Commission has given a generic or specific exemption under subsection (7) in respect of such works,

any obligations to make or maintain gates at that crossing do not apply.

(17) Subject to subsection (18), section 23 of the Transport (Miscellaneous Provisions) Act 1971 applies to works under subsection (16) as if those works had been required by an order under section 22 of that Act.

(18) Subsection (17) does not apply to a level crossing to which section 47 of the Railway Clauses Consolidation Act 1845 or section 6 of the Railway Clauses Act 1863 applies.

Annotations:

Amendments:

F45

Substituted (25.11.2013) by European Union (Railway Safety) Regulations 2013 (S.I. No. 444 of 2013), reg. 20(1)(d).

F46

Substituted (25.11.2013) by European Union (Railway Safety) Regulations 2013 (S.I. No. 444 of 2013), reg. 20(1)(c).

Editorial Notes:

E23

The undertaking referred to in subs. (13) appears to be a reference to a railway organisation in accordance with European Union (Railway Safety) Regulations 2013 (S.I. No. 444 of 2013), reg. 20(1)(d), which provided for the substitution of “railway organisation” for “railway undertaking” in numerous sections including this one.