National Railway Safety Regulator Act, 2002 (Act No. 16 of 2002)

Chapter 1 : Definitions and Interpretation

1. Definitions and interpretation
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(1)In this Act, unless the context indicates otherwise—

 

"association"

means an association recognised by the Regulator and includes a railway industry association;

 

"board"

means the board of directors referred to in section 8;

 

"dangerous goods"

means the commodities, substances and goods that are capable of posing a significant risk to health and safety of persons or damage to property or the environment that are listed in the appropriate standard specification of the South African Bureau of Standards as identified by the Minister by notice in the Gazette;

[Definition substituted by section 1(a) of Act No. 69 of 2008]

 

"human factors"

means factors which include the perceptual, physical and mental capabilities of people and the interaction of individuals with their job and working environments, the influence of equipment and system design on human performance, and the organisational characteristics that influence safety-related behaviour at work;

 

"industry"

means the railway industry and includes operators, suppliers, carriers, contractors and consulting engineers;

 

"integrity"

means a condition in which individual components of a system and the total system are unified, consistent and fit for purpose;

[Definition inserted by section 1(b) of Act No. 69 of 2008]

 

"Minister"

means Minister of Transport;

 

"network"

means a system of railway infrastructure elements comprising track, civil infrastructure, train control and signalling systems and where applicable electric traction infrastructure which constitutes running lines, and any part of the following on which those elements are situated:

(a)railway yards;
(b)marshalling yards;
(c)sidings and private sidings;
(d)freight terminals;
(e)depots;
(f)stations; or
(g)any other matter that may be prescribed

[Definition substituted by section 1(c) of Act No. 69 of 2008]

 

"network operator"

means the person or persons who have the ultimate accountability for one or more of the following:

(a)the safety of a network or part thereof including the proper design, construction, maintenance and integrity of the network;
(b)ensuring compliance of rolling stock with the applicable standards of the network; or
(c)for the authorising and directing of the safe movement of rolling stock on the network;

[Definition substituted by section 1(d) of Act No. 69 of 2008]

 

"operator"

means a network operator, train operator or station operator or a combination of two or three of them;

 

"person"

includes an unincorporated body, an organ of state and the Minister;

 

"persons with disabilities"

means people who have long-term or recurring physical or mental impairments which substantially limit their prospects of using railway transport unaided;

 

"prescribe"

means prescribe by regulation;

 

"railway"

means a guided system designed for the movement of rolling stock that has the capability of transporting passengers, freight or both on a track and includes the land, network, rolling stock, plant, machinery, goods and other immovable or movable property of every description or kind used or set aside for use in connection with or for the purpose of a railway operation;

 

"railway industry association"

means an association recognised by the Regulator in terms of section 7(2)(b);

 

"railway occurrence"

means a railway accident or railway incident prescribed as such, which could include criminal activity;

 

"railway operation"

means the activities performed by a network operator, train operator or station operator, or a combination of two or three of them;

 

"Regulator"

means the Railway Safety Regulator established in terms of section 4;

 

"rolling stock"

means a vehicle that is able to operate on a railway, irrespective of its capability of independent motion;

 

"safe railway operation"

means a railway operation in which the risks associated with the railway operation which may impact on the safety of persons and property transported by railway and the safety of other persons, other property and the environment, are as low as is reasonably practicable in the given set of circumstances, and does not include security;

 

"security"

means freedom from intentional harm or damage to persons or property;

 

"safety"

means the lack of railway occurrences, fatalities, injuries or damage within railway operations;

 

"safety management system"

means a formal framework for integrating safety into day-to-day railway operations and includes safety goals and performance targets, risk assessment, responsibilities and authorities, rules and procedures, monitoring and evaluation processes and any other matter prescribed;

 

"safety management system report"

means a written submission, made by an applicant, in support of a safety permit application that describes the applicant’s safety management system and may include any other matters prescribed;

 

"safety permit"

means a permit contemplated in Chapter 4;

 

"station"

means a facility for passengers to enter or leave a train, including a railway passenger terminal and a passenger halt and may include facilities for passenger modal transfer and commercial activities forming part of the station and also includes and any other place that may be prescribed, but excludes that part of the network running through the station;

[Definition substituted by section 1(e) of Act No. 69 of 2008]

 

"station operator"

means a person in control of a station, and the management of a station; and

 

"train operator"

means a person or persons who have the ultimate accountability for—

(a)the safe movement of rolling stock on a network;
(b)safety and integrity of rolling stock; and
(c)safety of freight or persons being conveyed;

[Definition substituted by section 1(f) of Act No. 69 of 2008]

 

(2)In this Act, where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have, unless the contrary intention appears from the relevant provisions, corresponding meanings.

 

(3)When interpreting a provision of this .Act, any reasonable interpretation that is consistent with the purpose of this Act as stated in section 2, must be preferred over any alternative interpretation that is inconsistent with that purpose.

 

(4)Any directive or notice given in terms of this Act must be in writing, unless otherwise specified in this Act.

 

(5)Any regulation made under this Act prevails over any standard adopted by the board under section 29(2).

 

(6)In determining, for the purpose of this Act, whether railway operations are safe railway operations, or whether an act or thing constitutes a threat to safe railway operations or enhances the safety of railway operations, regard must be had not only to the safety of persons and property transported by railways but also to the safety of persons with disabilities and other persons and other property.

 

(7)For the purposes of this Act, a threat to safety is a hazardous condition, or behaviour, that could reasonably be expected to develop into a situation in which illness or injury to, or death of, a person could occur or in which damage could be caused to the environment or property, and a threat to safety is immediate if such a situation already exists.

[Subsection (7) substituted by section 1(g) of Act No. 69 of 2008]