In force2020 Revised Edition

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Cross-Border Railways Act 2018 · 2020 Revised Edition · Part 9 · Safety and Security Matters

52. Power of entry to premises, trains, etc.

(1)

For the purpose of finding out whether an applicable requirement of this Act is being complied with, every rail safety inspector has the right of access, at any reasonable time, to the following:

(a)

any railway infrastructure of a cross‑border railway;

(b)

any railway asset of a cross‑border railway;

(c)

any premises in Singapore used for undertaking any activity connected with managing railway assets, providing network services for or providing a cross‑border train service on a cross‑border railway;

(d)

any document or record concerning any matter or activity mentioned in paragraph (a), (b) or (c).

(2)

A rail safety inspector is authorised to enter any railway infrastructure, railway asset or premises mentioned in subsection (1) only if its occupier has consented to the entry or after giving 3 hours’ prior notice of that entry to the occupier.

(3)

A rail safety inspector who is authorised under subsection (1) to have access to or to enter any railway infrastructure, railway asset or premises mentioned in that subsection may —

(a)

require any person who is in possession of any certificate, book, manual, record or other document relating to any railway infrastructure or railway asset, or the provision of network services or cross‑border train services to produce the certificate, book, manual, record or document, and take and retain extracts or copies of it;

(b)

require any person in possession of, or having control of, any machinery, equipment or other thing relating to the maintenance, operation or improvement of any railway infrastructure, the management of a railway asset, or the provision of network services or a cross‑border train service, as the case may be —

(i)

to produce the machinery, equipment or other thing for inspection; and

(ii)

to answer questions or provide information relating to the machinery, equipment or other thing;

(c)

inspect and test any machinery, equipment or other thing mentioned in paragraph (b), or require any person to do anything which the rail safety inspector reasonably considers to be necessary for facilitating such test or inspection;

(d)

if the rail safety inspector considers it necessary to do so for the purpose of obtaining evidence of the contravention of any applicable requirement of this Act, seize any machinery, equipment, substance, record or other thing;

(e)

inspect, examine and take samples of any substance or thing on or in the railway infrastructure or railway asset or the premises mentioned in subsection (1)(c); and

(f)

photograph, or make sketches of, the railway infrastructure or railway asset or the premises mentioned in subsection (1)(c) and any substance or thing on or in the railway infrastructure, railway asset or premises.

(4)

For the purpose of discharging his or her duties to the bilateral committee for a cross‑border railway that has opened, the independent safety auditor for the cross‑border railway has the same right of access and may exercise in Singapore the same powers conferred under this section on a rail safety inspector; and any reference in this section to a rail safety inspector includes a reference to the independent safety auditor.

(5)

In this section, a requirement of this Act means any of the following relating to safety of cross‑border railways:

(a)

a requirement of or under a provision of this Act;

(b)

a requirement of or under any regulation made under this Act;

(c)

a requirement of a notice, direction or order given by the LTA under this Act;

(d)

a condition of a licence or a code of practice.

Terms defined in s 2

bilateral committee
Defined · s 2
“bilateral committee”, in relation to a bilateral railway agreement, means the committee of individuals established jointly by the Government of the Republic of Singapore and the Government of Malaysia under the bilateral railway agreement for the purpose of coordinating the implementation of that agreement;
Open s 2
code of practice
Defined · s 2
“code of practice” means a code of practice issued or approved under section 36, and includes any such code of practice as amended from time to time under that section;
Open s 2
cross-border railway
Defined · s 2
“cross-border railway” means a railway which —(a)has a railway network with a terminus in Singapore and runs to any part of peninsular Malaysia; and(b)is constructed under this Act;
Open s 2
cross-border train
Defined · s 2
“cross-border train” means a train used for or in connection with providing a cross‑border train service;
Open s 2
cross-border train service
Defined · s 2
“cross-border train service” means a passenger train service provided using a cross‑border railway, for journeys that are partly in Singapore;
Open s 2
independent safety auditor
Defined · s 2
“independent safety auditor” means an individual appointed under section 49;
Open s 2
licence
Defined · s 2
“licence” means —(a)a railway assets operating licence; or(b)a cross-border train service licence;
Open s 2
LTA
Defined · s 2
“LTA” means the Land Transport Authority of Singapore established under the Land Transport Authority of Singapore Act 1995;
Open s 2
maintenance
Defined · s 2
“maintenance” includes the prevention, detection and rectification of any fault;
Open s 2
management
Defined · s 2
“management”, in relation to any railway asset, means to acquire, design, construct, install, operate, maintain in proper condition and improve the railway asset;
Open s 2
network services
Defined · s 2
“network services”, in relation to a railway, means —(a)the construction, maintenance, realignment and renewal of tracks of the railway;(b)the installation, operation, maintenance and renewal of a railway signalling system, railway communications system and railway control system;(c)the installation, operation, maintenance and renewal of operation control centres;(d)the installation, operation, maintenance and renewal of electrical conductor rails or overhead lines, of any support for electrical conductor rails or overhead lines, and of any electrical substation (including those for traction power or power connections) used or to be used in connection with those rails or lines, and the provision of electrical power by those means;(e)the provision and operation of services for the recovery or repair of trains or other rolling stock in connection with any accident on, or malfunction of, the railway network;(f)the operation of a train being used on a railway network for any purpose comprised in the operation of that network, including for a purpose preparatory or incidental to, or consequential on, using such a train;(g)the provision and operation of services for keeping the track free from, or serviceable despite, obstruction (whether by water, fallen leaves or any other natural or man‑made obstacle) or for removing any such obstruction;(h)the provision, operation, maintenance and renewal of any plan, equipment or machinery used in carrying out any activity specified in paragraphs (a) to (g);(i)the exercise of day-to-day control over train movements over or along any track comprised in the railway network, including the preparation of a timetable for purposes of such control; and(j)for a particular licensee, any other service which consists of, or is comprised in, the provision or operation of the railway network (or of any track or other installations comprised in that network), and which is specified in the licensee’s licence;
Open s 2
rail safety inspector
Defined · s 2
“rail safety inspector” means an individual who is appointed under section 50 as a rail safety inspector;
Open s 2
railway
Defined · s 2
“railway” means a network or system of fixed horizontal rails, tracks, grooves or other guide‑ways on, under or above the ground along which a train moves or runs, and includes —(a)all railway assets built, installed or used for the operation of the railway; and(b)all railway infrastructure constructed or intended to be constructed for any railway and any extension of the railway;
Open s 2
railway asset
Defined · s 2
“railway asset”, for any cross‑border railway, means any of the following within Singapore that is used or intended to be used for or in connection with the cross‑border railway:(a)any train and rolling stock;(b)train tracks;(c)railway signalling equipment;(d)railway communications equipment;(e)power equipment;(f)any other item or property which is part of the network of the cross‑border railway and is prescribed as a railway asset for that cross‑border railway;
Open s 2
railway infrastructure
Defined · s 2
“railway infrastructure”, in relation to a cross‑border railway, means any of the following buildings or structures within Singapore that is used or intended to be used for the cross‑border railway, but not including any railway asset in or on the building or structure:(a)a train station;(b)a railway tunnel;(c)a viaduct;(d)a bridge;(e)a railway yard;(f)a maintenance facility for trains and maintenance or engineering vehicles used for or in connection with the railway;(g)any other building or structure prescribed as railway infrastructure for that cross‑border railway;
Open s 2

Report

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Miscellaneous

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Part 11

Amendments to Other Acts

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