Transport Safety Investigations (Railway Occurrences) Regulations 2023

rail vehicles; or

a rail vehicle and an individual or a vehicle (such as, at a level crossing) or any rail infrastructure;“derailment” means any instance where one or more wheels of a rail vehicle come off the normal running surface of the track;“fatal railway-related injury” has the meaning given by regulation 5(2);“interested party” means a person who is determined by the Director to have significant interests, rights or legitimate expectations with respect to the outcome of an investigation into a rail casualty or rail incident;“level crossing” includes each of the following areas:

an area where a road and a railway meet at substantially the same level, whether or not there is a level crossing sign on the road at all or any of the entrances to the area;

a pedestrian crossing being an area where a footpath or shared path crosses a railway at substantially the same level, whether or not there is a level crossing sign on the path at all or any of the entrances to the area;“light maintenance service” means any of the following services connected with a railway:

the refuelling, or the cleaning of the interior or exterior, of rail vehicles placed in service for a rail service;

the carrying out to rail vehicles mentioned in paragraph (a) of maintenance work of a kind which is normally carried out at regular intervals to prepare the rail vehicles for a rail service without overhaul;“mainline track” means any track (including any siding) that is part of a railway but not any of the following:

a non-mainline track;

an overhaul track;“maintain” or “maintenance” includes repair, alteration, reconditioning and examination, and the detection and rectification of any faults;“near collision” means a situation in which a rail vehicle comes so close to being involved in a collision that a threat to the safety of any individual, property or the environment exists;“non-mainline track” means any track that is not an overhaul track but is part of —

a railway that is used solely for trials or testing of rail vehicles before first placing any of them in service for the provision of a rail service;

a railway that is used for testing of altered rail vehicles already in use, before re-placing any of them in service for the provision of a rail service;

a railway that is used as a marshalling yard or for storing of rail vehicles, or for a purpose preparatory or incidental to, or consequential on, the operations of a marshalling yard or the storing of rail vehicles at a specified yard, such as (but not limited to) receiving, switching or stabling of rail vehicles;

a railway that is used for the provision of light maintenance services, or for a purpose preparatory or incidental to, or consequential on, the provision of light maintenance services at a specified traction maintenance depot; or

a railway that is used for any combination of purposes in paragraphs (a), (b), (c) and (d),and includes a track that may be connected to a mainline track but is used solely for any of the purposes in paragraph (a), (b), (c), (d) or (e), lies within the curtilage of a specific test facility, yard or traction maintenance depot (as the case may be) and has rail infrastructure which is functionally separate from that for the mainline track;“overhaul track” means a track that is used solely for the provision of overhaul services to rail vehicles, or for a purpose preparatory or incidental to, or consequential on, the provision of overhaul services to rail vehicles at specified locomotive works;“rail casualty” has the meaning given by regulation 5(1);“rail incident” has the meaning given by regulation 6;“rail infrastructure” means the facilities that are necessary to operate a railway safely and includes all of the following, but not rail vehicles:

tracks, associated track structures and works (such as cuttings, tunnels, viaducts, bridges, train stations, platforms, tram stops, excavations, land fill, track support earthworks and drainage work);

service roads, signalling systems, rolling stock control systems, communications systems, notices and signs, electrical power supply systems;

test facilities and equipment;

depots;

associated buildings, workshops, yards and plant;“rail service” means any of the following services:

a service for the carriage of passengers by railway;

a service for the carriage of goods by railway;

a light maintenance service;“rail vehicle” includes a locomotive, carriage, rail car, rail motor, light rail vehicle, train, tram, light inspection vehicle, road‑rail vehicle, trolley, wagon or monorail vehicle, but does not include a vehicle or a part of a vehicle designed to operate both on and off a track when the vehicle is not operating on a track;“rail vehicle in operation” has the meaning given by regulation 3;“railway” includes a railway network, that is to say —

any railway line, or combination of 2 or more railway lines; and

any installation associated with any track or tracks comprised in the railway line or lines in paragraph (a),together constituting a system of tracks and other installations which is used solely for and in connection with the support, guidance and operation of rail vehicles;“safety recommendation” means a proposal that is —

made under regulation 13 by the Director in relation to an investigation under the Act;

made for the purpose of preventing railway occurrences; and

not made for the purpose of creating a presumption of blame or liability for any railway occurrence,being a proposal based on information derived from the investigation or from other information (such as safety studies);“section 12(1) report” means a report about a railway occurrence that is an immediately reportable matter required by section 12(1) of the Act to be reported, consisting of an initial notice followed by a written notice in regulation 9;“section 12(2) report” means a report about a railway occurrence that is an ordinary reportable matter required by section 12(2) of the Act to be reported;“serious damage” —

for a rail vehicle, means damage that —

significantly affects the structural integrity, safe performance or safe operational characteristics of the rail vehicle; or

involves the whole or partial destruction of the rail vehicle; or

for a rail infrastructure, means damage that significantly affects the structural integrity, safe performance or safe operational characteristics of the rail infrastructure;“serious railway-related injury” has the meaning given by regulation 5(3);“signal passed at danger” means an occasion when a rail vehicle on a railway passes a stop signal, or a signal with no indication, without authority;“track” means any combination of rails, rail connections, rail joints, rail fastenings, sleepers, ballast, points and crossing, or any substitute devices if used.

the rail vehicle —

is involved in a collision or derailment;

sustained serious damage;

caused or sustained a fire or explosion; or

caused serious damage to the rail infrastructure of that railway, which poses a threat to the safe passage of the rail vehicle or other rail vehicles, or to the safety of any individual, property or the environment;

a near collision;

there is an unplanned or uncontrolled movement of any rail vehicle;

a signal passed at danger;

a rail vehicle exceeded the limits of authorised movement in a proceed authority or moves without proceed authority on, or onto, the railway;

a door of the rail vehicle or a platform screen door opened or remained open (without having been commanded to open) while the rail vehicle was in motion;

an occurrence that had, or could have had, an immediate or direct threat to the safe operation of the railway.

the rail vehicle —

caused or sustained just smoke; or

caused damage to the rail infrastructure of that railway, which poses a threat to the safe passage of the rail vehicle or other rail vehicles, or to the safety of any individual, property or the environment;

a near collision;

a signal passed at danger on a non-mainline track of a railway;

a rail vehicle exceeded the limits of authorised movement in a proceed authority or moves without proceed authority on, or onto, the railway;

a door of the rail vehicle or a platform screen door opened or remained open (without having been commanded to open) while the rail vehicle was in motion;

an occurrence that had, or could have had, an immediate or direct threat to the safe operation of the railway.