Railway Safety Act 2005

PART 6

Regulations and Review of Legislation

Regulations.

69

69.—(1) The Commission, with the consent of the Minister and after consultation with the Council, F102 [ railway organisation ]s, organisations which represent staff of F102 [ railway organisation ]s and such other persons as in the opinion of the Commission may be relevant, may make regulations in relation to all or any of the following—

( a) standards and specifications for railway infrastructure and rolling stock,

( b) additional matters to be included in a safety management system or a F103 [ safety management document ] for the purposes of section 39 ,

( c) requirements or restrictions relating to the management of passengers and other persons on railway property, including in relation to persons standing in trains, the placing of luggage in trains, and emergency evacuation from trains,

( d) levels of training, competencies and qualifications of staff of F102 [ railway organisation ]s, including disability awareness training and requirements on F102 [ railway organisation ]s to facilitate staff holding positions before the entry into operation of such regulations in achieving any required level of training, competency or qualification,

( e) requirements relating to interfaces between F102 [ railway organisation ]s,

( f) requirements relating to interfaces between railway infrastructure or trains and any other vehicle or road,

( g) requirements relating to the reporting by F102 [ railway organisation ]s of railway F104 [ accidents or ] incidents, including the form of reporting and the classification of railway F104 [ accidents or ] incidents to be reported,

( h) procedures for the acceptance of new works (within the meaning of section 42(15) ) and new rolling stock (within the meaning of section 43(14) ),

( i) requirements for the maintenance by a F102 [ railway organisation ] of records, and

( j) standards, specifications and procedures to be used by F102 [ railway organisation ]s to safely facilitate the special requirements of mobility-impaired persons.

(2) Regulations made by the Commission under subsection (1) shall not be for the purpose of giving effect to an act adopted by an institution of the European Communities.

(3) The Minister may make regulations for the purpose of giving effect to an act adopted by an institution of the European Communities in relation to railway safety.

(4) Regulations under subsection (3) may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations (including provisions repealing, amending or applying, with or without modification, other law, exclusive of this Act).

Annotations:

Amendments:

F102

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

F103

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

F104

Inserted (12.06.2014) by European Union (Railway Safety) (Reporting and Investigation of Serious Accidents, Accidents and Incidents) Regulations 2014 (S.I. No. 258 of 2014), reg. 21(1)(g).

Editorial Notes:

E54

The railway undertakings referred to in subs. (1) appear to be a reference to railway organisations 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.

E55

Power pursuant to subs. (3) exercised (23.11.2006) by Railway Safety Act 2005 (Railway Incidents Regulations 2006 (S.I. No. 585 of 2006).