National Railway Safety Regulator Act, 2002 (Act No. 16 of 2002)Chapter 6 : Entry and Inspection33. Powers and duties of railway safety inspector |
| (1) | A railway safety inspector may, at any time, enter or cross property under control of an operator in order to carry out— |
| (a) | an inspection; |
| (b) | an audit of the operator's safety management system, |
in respect of railway operations provided for under a safety permit.
| (2) | A railway safety inspector may, at any time and without prior notice, enter a property under the control of an operator, and investigate whether— |
| (a) | this Act, or any condition attached to any safety permit, or any standard adopted in accordance with this Act, or any notice or directive issued under this Act is being contravened; or |
| (b) | any information supplied in connection with a safety permit is inaccurate. |
| (3) | A railway safety inspector entering a property in terms of this section must, at the request of any person on that property, identify himself or herself and must show that person a certificate of appointment contemplated in section 32(2). |
| (4) | In addition to the powers contemplated in subsections (1) to (3), a railway safety inspector may in the event of any railway occurrence, non-compliance with this Act or any other activity affecting the safe transportation of dangerous goods by rail, audit, inspect or investigate such occurrence, non-compliance or activity despite the fact that the events leading up to the occurrence may have taken place prior to the actual transportation by rail. |
[Subsection (4) inserted by section 17 of Act No. 69 of 2008]
| (5) | The activities contemplated in subsection (4) include, but are not limited to, classification, packaging, marking, placarding, storage, loading, off-loading and documenting of dangerous goods. |
[Subsection (5) inserted by section 17 of Act No. 69 of 2008]