As soon as possible after the occurrence of an accident the railway administration shall cause an inquiry (hereinafter referred to as a joint inquiry) to be made by a committee of railway officials for the investigation of the causes which led to the accident:Provided that in cases where —
accident
“accident” means an accident attended by loss of human life or grievous hurt, within the meaning of the Penal Code 1871, to any passenger upon any train or to any person engaged in the working of the railway or by serious damage to property, or an accident of such a description as is usually attended by such loss, hurt or damage.
there is no reasonable doubt as to the cause of the accident; or
one sub-department of the railway accepts all responsibility,it shall not be necessary to hold such joint inquiry.
Where a joint inquiry is not held the head of the sub-department of the railway responsible for the accident shall cause a departmental inquiry to be held.
railway
“railway” means a railway or any portion of a railway for the public carriage of passengers, animals or goods and includes —(a)all land within the fences or other boundary marks indicating the limits of the land appurtenant to a railway;(b)all lines of rails, sidings or branches worked over for the purposes of or in connection with a railway;(c)all stations, offices, warehouses, wharves, workshops, manufactories, fixed plant and machinery, and other works constructed for the purposes of or in connection with a railway;(d)all ferries, ships, boats and craft which are used for the traffic of a railway and belong to or are hired or worked by the authority administering the railway;(e)all engines, passenger coaches, and goods and livestock vehicles, or other rolling stock used for the purpose of carrying on the traffic of the railway;(f)all road vehicles used by or on behalf of or under contract with a railway administration for the conveyance of passengers, parcels, goods, livestock and vehicles; and(g)all aircraft used by or on behalf of or under contract with a railway administration for the conveyance of passengers, parcels, goods and livestock;
The railway administration shall report the result of the joint or departmental inquiry to the Minister, and shall state what action it is proposed to take in regard to the officials responsible for the accident or for the revision of the rules or system of working.
railway administration
“railway administration”, in the case of a railway administered by the Government or the government of Malaysia, means the manager and includes the Government and also, so long as the railway is in the course of construction, the resident engineer, and, in the case of a railway administered by a railway company, means the railway company;