The Railway Safety (Miscellaneous Provisions) Regulations (Northern Ireland) 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision with regard to the safe operation of railways. They also make other provisions.

Regulation 3 places a duty on infrastructure controllers so far as is reasonably practicable and where and to the extent necessary for safety, to prevent unauthorised access to the infrastructure of railways (subject to specified exceptions).

Regulation 4 places a duty on operators of vehicles being used for the carriage of fare paying passengers to provide and maintain means of communication between passengers and a person who is in a position to take appropriate action in an emergency.

Regulation 5 provides for infrastructure controllers to ensure so far as is reasonably practicable, that procedures are in place and equipment is provided and maintained for the purpose of preventing collisions and derailments.

Regulation 6 places a duty on vehicle operators to provide and maintain suitable and sufficient braking systems for their vehicles.

Regulation 7 provides for specified persons to ensure, so far as is reasonably practicable, that procedures are in place and equipment is provided and maintained for the purpose of preventing persons at work on a railway system from being struck by or falling from a moving vehicle.

Regulation 8 provides for certificates of exemption to be granted by the Department for Regional Development. Regulation 9 provides a defence to any offence under these Regulations where the person charged has taken all reasonable precautions and exercised all due diligence.

Regulation 10 provides for enforcement of these Regulations by the Department.

A person who contravenes the Regulations is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable, on summary conviction to a fine not exceeding the statutory maximum (currently £5,000) or, on conviction on indictment, to a fine.