Railway Safety Act 2005

Revision of F66[safety management document].

48

48.—(1) A F67[railway organisation] shall revise its F66[safety management document] (“revised F66[safety management document]”) in circumstances where—

(a) the F67[railway organisation] considers it appropriate to do so,

(b) new works or new rolling stock are accepted by the Commission in accordance with section 42(6) or 43(5), or

(c) the Commission issues a notice in writing to the F67[railway organisation] requiring it to do so.

(2) Where a revised F66[safety management document] is proposed under paragraph (a) or (c) of subsection (1) and where the revision will materially alter the F66[safety management document] previously accepted by the Commission, the relevant F67[railway organisation] shall submit the proposed revision to the Commission, together with a report prepared by a person engaged in accordance with section 45(2) and the revision shall not be made unless it has been accepted by the Commission in accordance with section 46.

(3) Notwithstanding subsection (2), a F67[railway organisation] may revise its F66[safety management document] without the prior acceptance of the Commission in circumstances where not to do so may result in the F67[railway organisation] being in contravention of its duty under section 36.

(4) Where a F67[railway organisation] revises its F66[safety management document] in accordance with subsection (3), it shall immediately notify the Commission of such revision, stating the circumstances that give rise to the revision and the reasons why prior submission to the Commission could not be made and, as soon as practicable thereafter, submit the revised F66[safety management document] to the Commission, together with a report prepared by a person engaged in accordance with section 45(2).

(5) A F67[railway organisation] which does not comply with a requirement of 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.

Annotations

Amendments:

F66

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

F67

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

Editorial Notes:

E48

A fine of €3,000 translates into a class B fine, not greater than €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(2) and table ref. no. 1, S.I. No. 662 of 2010.