Railway Safety Act 2005
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Safety audits. |
50.—(1) A railway undertaking shall ensure that its safety management system, as described in its safety case, is independently audited by a suitably qualified person not later than the fourth anniversary of its acceptance by the Commission and not later than each subsequent period of 4 years thereafter or such other lesser period as may be specified from time to time by the Commission, having regard in particular to railway undertakings who are parties to an agreement under section 40 . | |
(2) The objectives of an audit under subsection (1) shall, at minimum, be— | ||
(a) to confirm the adequacy and scope of the safety management system, | ||
(b) to confirm that the safety case accurately reflects the safety management system, | ||
(c) to confirm compliance by a railway undertaking with its safety case, and | ||
(d) to make recommendations, if any, for such improvements to the safety management system as the suitably qualified person deems appropriate in light of national or international experience and technological development. | ||
(3) The report of a suitably qualified person appointed under subsection (1) shall be submitted by the railway undertaking to the Commission within such period as may be specified by the Commission. | ||
(4) The Commission may, where it considers it appropriate to do so upon application by a railway undertaking, being— | ||
(a) a heritage railway, or | ||
(b) a railway undertaking, other than a railway undertaking used for the purposes of fare-paying passengers or for fee-paying members or the conveyance of merchandise for monetary gain, | ||
grant an exemption or derogation from the requirements of subsection (1) to such railway undertaking on such terms and conditions as it deems appropriate. | ||
(5) In considering an application made by a railway undertaking under subsection (4), the Commission shall have regard to— | ||
(a) the nature, extent and complexity of its railway infrastructure and operations, | ||
(b) its interaction, if any, with railway infrastructure or trains of other railway undertakings or with public roads, | ||
(c) the likely consequences for persons of any incident on its railway, and | ||
(d) the time elapsed since any previous safety audit was undertaken and the findings of such audit. | ||
(6) Where the Commission considers that a potential danger may exist in any particular situation, it may undertake, or direct by notice in writing the relevant railway undertaking to engage a suitably qualified person to undertake, an independent safety audit of the particular matter that gives rise to potential danger. | ||
(7) The Commission may at any time undertake, or appoint a suitably qualified person to undertake on its behalf, an audit of all or any part of the safety management system and safety case of a railway undertaking. | ||
(8) A person appointed by the Commission under subsection (7) shall, for the duration for which he or she stands engaged, have the same powers as an inspector in respect of the railway undertaking concerned. | ||
(9) A railway undertaking shall maintain sufficient records relating to all aspects of its safety management system for the purposes of demonstrating that it is conducting its activities in compliance with its safety management system. | ||
(10) The Commission may make regulations specifying the minimum requirements for the auditing of safety cases and a suitably qualified person referred to in section 49 shall comply with such regulations. | ||
(11) A railway undertaking which fails to comply with this section is guilty of an offence and is liable— | ||
(a) on summary conviction, to a fine not exceeding €3,000, or | ||
(b) on conviction on indictment, to a fine not exceeding €60,000. |