Railway Safety Act 2005

Safety assessment of new rolling stock.

43

43.—(1) A F47 [ railway organisation ] shall not bring into operation new rolling stock unless—

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

(i) as it considers appropriate to demonstrate to the satisfaction of the Commission the safety of the new rolling stock, 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 the new rolling stock assessment is not adequate or that the bringing into operation of the new rolling stock does not provide reasonable assurance of safety, the Commission shall serve a written notice to that effect on the F47 [ railway organisation ] and that notice shall set out the reasons for the Commission's decision to serve the notice.

(3) A F47 [ railway organisation ] in receipt of a notice under subsection (2) may submit a revised new rolling stock assessment which addresses the matters raised in such notice.

(4) Where the Commission is satisfied as to the safety of the new rolling stock on the basis of the information contained in a new rolling stock assessment or a revised new rolling stock assessment under subsection (3), the Commission shall communicate in writing its acceptance of the new rolling stock assessment to the F47 [ railway organisation ].

(5) A F47 [ railway organisation ] shall, within 21 days of receipt of a communication under subsection (4), amend the F47 [ safety management document ] to reflect the implications of the new rolling stock assessment.

(6) 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 rolling stock is similar in nature to rolling stock of the F47 [ railway organisation ] which is already in operation and where the F47 [ safety management document ] of the F47 [ railway organisation ] would not require revision when the new rolling stock is being brought into operation.

(7) A F47 [ railway organisation ] shall not commence commissioning of new rolling stock 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 for purpose of the rolling stock, and

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

and

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

(8) The Commission may, where it considers it appropriate to do so, direct a F47 [ railway organisation ] to engage a suitably qualified person to independently assess a new rolling stock assessment or a revised rolling stock 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).

(9) Where a F47 [ railway organisation ] has altered its new rolling stock assessment on the basis of the report of a person engaged in accordance with subsection (8), a statement of the actions taken by the F47 [ railway organisation ] in response to the report, together with the report of the person and the new rolling stock assessment as amended, shall be submitted to the Commission.

(10) 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.

(11) Without prejudice to the generality of subsection (10), and subject to subsection (8), 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 rolling stock assessment or a revised new rolling stock assessment or receipt of all information or clarifications requested under subsection (12), or

( b) such other period as the Minister may specify by order, after consultation with the Commission and F47 [ railway organisation ].

(12) The Commission may, for the purpose of carrying out its functions under this section, request any additional information or clarifications from a F47 [ railway organisation ] and the undertaking shall comply with such a request.

(13) A F47 [ 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.

(14) In this section, “new rolling stock” includes material alterations to existing rolling stock of a F47 [ railway organisation ] and rolling stock which may have been in prior use but was not previously operated on the railway infrastructure of the relevant F47 [ railway organisation ].

(15) F48 [ ]

Annotations:

Amendments:

F47

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

F48

Repealed (25.11.2013) by European Union (Railway Safety) Regulations 2013 (S.I. No. 444 of 2013), reg. 21(e).

Editorial Notes:

E25

The undertaking referred to in subs. (12) 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.

E26

Previous affecting provision: subs. (15) inserted (6.03.2008) by European Communities (Railway Safety) Regulations 2008 (S.I. No. 61 of 2008), reg. 11(1); repealed as per F-note above.