Contents (2008 - 97)
Rail Safety Act 2008 No 97
65 Investigation into railway accidents and incidents by rail transport operators
(1) The Chief Investigator may, by written notice to a rail transport operator, require the rail transport operator to investigate, and report to the Chief Investigator on:(a) any notifiable occurrence, or any other railway accident or incident that has endangered or that may endanger the safety of the railway operations carried out by the rail transport operator, or(b) any matter that may be prescribed by the regulations.(2) The level of investigation of a matter referred to in subsection (1) (a) must be determined by the severity and potential consequences of the notifiable occurrence, accident or incident as well as by other similar occurrences, accidents or incidents and its focus should be to determine the cause and contributing factors, rather than to apportion blame.(3) The rail transport operator must ensure that the investigation is conducted in a manner approved and within the period specified by the Chief Investigator.Maximum penalty: 750 penalty units.(4) A rail transport operator who has carried out an investigation under this section must report to the Chief Investigator on the investigation within the period specified by the Chief Investigator and must provide a copy of the report to the ITSRR.Maximum penalty: 100 penalty units.(5) A rail transport operator must, if required to do so by the Chief Investigator, review and resubmit a report prepared under this section.Maximum penalty: 100 penalty units.(6) The Chief Investigator must, on the 15th day of each month, forward to the Minister a list of any reports provided to the Chief Investigator under this section in the preceding month.(7) In this section and section 66:rail transport operator includes a person who carries out railway operations (other than a rail safety worker or a person who carries out railway operations as an employee).