21

 

 

First Session, 47th General Assembly

61 Elizabeth II, 2012

BILL 21

AN ACT TO AMEND THE RAIL SERVICE ACT, 2009

Received and Read the First Time...................................................................................................

Second Reading.................................................................................................................................

Committee............................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE THOMAS J. HEDDERSON

Minister of Transportation and Works

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Rail Service Act, 2009 to

·         prohibit a person from entering on land where line work is situated;

·         require a person to provide assistance to an inspector to enable him or her to carry out his or her duties;

·         prohibit a person from obstructing an inspector in the course of his or her duties; and

·         permit an inspector to forbid or restrict the use of unsafe crossing work.

A BILL

AN ACT TO AMEND THE RAIL SERVICE ACT, 2009

Analysis


        1.   S.2 Amdt.
Definitions

 

        2.   Ss.14.1 to 14.3 Added
14.1 Entry on land
14.2 Inspectors
14.3 Order of inspector


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2009 cR-1.2
as amended

        1. (1) Section 2 of the Rail Service Act, 2009 is amended by adding immediately after paragraph (c) the following:

          (c.1)  "crossing work" means a road crossing or a utility crossing;

          (c.2)  "line work" means

                      (i)  a line of railway, including a structure supporting or protecting that line of railway or providing for drainage of it,

                     (ii)  a system of switches, signals or other like devices that facilitates railway operations, or

                    (iii)  any other structure built across, beside, under or over a line of railway that facilitates railway operations, but does not include crossing work;

             (2)  Section 2 of the Act is amended by deleting the word "and" at the end of paragraph (g), deleting the period at the end of paragraph (h) and substituting a semi-colon, and by adding immediately after paragraph (h) the following:

              (i)  "road crossing" means the part of a road that passes across, over or under a line of railway, and includes a structure supporting or protecting that part of the road or facilitating the crossing;

              (j)  "utility crossing" means the part of a utility line that passes across, over or under a line of railway, and includes a structure supporting or protecting that part of the utility or facilitating the crossing; and

             (k)  "utility line" means a wire, cable, pipeline or other like means of enabling the transmission of goods or energy or the provision of services.

 

        2. The Act is amended by adding immediately after section 14 the following:

Entry on land

   14.1 A person shall not, without lawful excuse, enter on land where line work is situated.

Inspectors

   14.2 (1) The owner or person in charge of railway work, railway equipment or other places, buildings or works inspected by a rail service inspector and every person found at the railway work, railway equipment or other place, building or work shall give an inspector all reasonable assistance to enable the inspector to carry out his or her functions under this Act.

             (2)  A person shall not

             (a)  fail to comply with a reasonable request of an inspector;

             (b)  without the authority of an inspector, remove, alter or interfere with a thing seized or removed by an inspector; or

             (c)  otherwise obstruct, hinder or interfere with an inspector in the course of his or her duties.

Order of inspector

   14.3 (1) Where a rail service inspector is of the opinion that the standard of construction or maintenance of crossing work threatens safe railway operations, the inspector, by notice sent to the person responsible for the maintenance of the crossing work and to the permit holder,

             (a)  shall inform them of that opinion and the reasons for it; and

             (b)  may, where the inspector is satisfied that the threat is immediate, order either of them to ensure that the crossing work not be used or be used only under the terms and conditions specified in the notice, until the threat is removed to the inspector's satisfaction.

             (2)  Where a rail service inspector is of the opinion that the method of operating a vehicle over a road crossing threatens safe railway operations, the inspector, by notice sent to the driver or operator of the vehicle,

             (a)  shall inform them of that opinion and of the reasons for it; and

             (b)  may, where the inspector is satisfied that the threat is immediate, order them to stop using the road crossing or to use it only under the terms and conditions specified in the notice, until the threat is removed to the inspector's satisfaction.