MASS TRANSIT RAILWAY REGULATIONS - CHAPTER 270A MASS TRANSIT RAILWAY REGULATIONS - LONG TITLE Empowering section (Repealed 13 of 2000 s. 64(1)) VerDate:30/06/2000 MASS TRANSIT RAILWAY REGULATIONS - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 270 section 24) [28 September 1979] (L.N. 232 of 1979) MASS TRANSIT RAILWAY REGULATIONS - REGULATION 1 (Repealed 13 of 2000 s. 64(1)) VerDate:30/06/2000 MASS TRANSIT RAILWAY REGULATIONS - REGULATION 1 Citation VerDate:30/06/1997 These regulations may be cited as the Mass Transit Railway Regulations. MASS TRANSIT RAILWAY REGULATIONS - REGULATION 2 (Repealed 13 of 2000 s. 64(1)) VerDate:30/06/2000 MASS TRANSIT RAILWAY REGULATIONS - REGULATION 2 Accidents which are to be notified VerDate:30/06/1997 (1) An accident is notifiable under regulation 4 if it occurs on a part of the railway which has commenced operation for public use and- (a) as a result thereof any person dies or suffers serious injury; or (b) it involves a train- (i) colliding with, or striking against, another train or any other object; or (ii) leaving the rails, and doing so either on a line used for the carriage of passengers or in circumstances where the normal operation of such a line is affected. (2) For the purposes of paragraph (1) a person suffers serious injury if he suffers amputation of a limb, a fracture or dislocation, internal injuries, loss of an eye, burns or any other injury of a kind which results in his being admitted to a hospital immediately following the accident for observation or treatment. MASS TRANSIT RAILWAY REGULATIONS - REGULATION 3 (Repealed 13 of 2000 s. 64(1)) VerDate:30/06/2000 MASS TRANSIT RAILWAY REGULATIONS - REGULATION 3 Other occurrences which are to be notified VerDate:30/06/1997 Every occurrence described in the Schedule is notifiable under regulation 4 if it occurs on a part of the railway which has commenced operation for public use. MASS TRANSIT RAILWAY REGULATIONS - REGULATION 4 (Repealed 13 of 2000 s. 64(1)) VerDate:30/06/2000 MASS TRANSIT RAILWAY REGULATIONS - REGULATION 4 Notification of accidents and other occurrences VerDate:01/07/1997 (1) The Corporation shall give notice to the Chief Secretary for Administration of every accident which is notifiable under regulation 2 and occurrence which is notifiable under regulation 3. (2) The Corporation shall also supply to the Chief Secretary for Administration such further information concerning such an accident or occurrence as he may require it to furnish to him. (3) Notice shall be given under paragraph (1) as follows- (a) in the case of an accident which is notifiable under regulation 2, immediately after the occurrence it shall be reported by word of mouth (which includes such a report by means of a telephone) to the Chief Secretary for Administration or to any other public officer he may appoint for the purposes of this sub-paragraph; (b) as soon as is practicable after the accident or occurrence, a written report, in such form as the Chief Secretary for Administration may from time to time determine, shall be completed and delivered to the office of the Chief Secretary for Administration. (L.N. 362 of 1997) MASS TRANSIT RAILWAY REGULATIONS - REGULATION 4 Notification of accidents and other occurrences VerDate:30/06/1997 (1) The Corporation shall give notice to the Chief Secretary of every accident which is notifiable under regulation 2 and occurrence which is notifiable under regulation 3. (2) The Corporation shall also supply to the Chief Secretary such further information concerning such an accident or occurrence as he may require it to furnish to him. (3) Notice shall be given under paragraph (1) as follows- (a) in the case of an accident which is notifiable under regulation 2, immediately after the occurrence it shall be reported by word of mouth (which includes such a report by means of a telephone) to the Chief Secretary or to any other public officer he may appoint for the purposes of this sub-paragraph; (b) as soon as is practicable after the accident or occurrence, a written report, in such form as the Chief Secretary may from time to time determine, shall be completed and delivered to the office of the Chief Secretary. MASS TRANSIT RAILWAY REGULATIONS - REGULATION 5 (Repealed 13 of 2000 s. 64(1)) VerDate:30/06/2000 MASS TRANSIT RAILWAY REGULATIONS - REGULATION 5 Chief Secretary for Administration may direct inspector to investigate VerDate:01/07/1997 (1) Where an accident or occurrence which is notifiable under these regulations has occurred, the Chief Secretary for Administration may direct an inspector to investigate the same. (2) The paramount purpose of such an investigation is to determine the circumstances and causes of the accident or occurrence with a view to avoiding similar accidents or occurrences in the future, rather than to ascribe blame therefor to any person. (3) The Chief Secretary for Administration may in place of any inspector directed to carry out an investigation under paragraph (1) direct another inspector to proceed with the investigation, and in that case the investigation may be continued as if the change had not occurred. (4) The inspector shall, on completion of an investigation, make a report to the Chief Secretary for Administration who shall cause the contents thereof to be brought to the attention of the public in such manner as he thinks fit. (5) A report shall state the circumstances of the accident or occurrence and conclusions as to its cause and any observations and recommendations which the inspector thinks necessary for the avoidance of similar accidents or occurrences. (L.N. 362 of 1997) MASS TRANSIT RAILWAY REGULATIONS - REGULATION 5 Chief Secretary may direct inspector to investigate VerDate:30/06/1997 (1) Where an accident or occurrence which is notifiable under these regulations has occurred, the Chief Secretary may direct an inspector to investigate the same. (2) The paramount purpose of such an investigation is to determine the circumstances and causes of the accident or occurrence with a view to avoiding similar accidents or occurrences in the future, rather than to ascribe blame therefor to any person. (3) The Chief Secretary may in place of any inspector directed to carry out an investigation under paragraph (1) direct another inspector to proceed with the investigation, and in that case the investigation may be continued as if the change had not occurred. (4) The inspector shall, on completion of an investigation, make a report to the Chief Secretary who shall cause the contents thereof to be brought to the attention of the public in such manner as he thinks fit. (5) A report shall state the circumstances of the accident or occurrence and conclusions as to its cause and any observations and recommendations which the inspector thinks necessary for the avoidance of similar accidents or occurrences. MASS TRANSIT RAILWAY REGULATIONS - REGULATION 6 (Repealed 13 of 2000 s. 64(1)) VerDate:30/06/2000 MASS TRANSIT RAILWAY REGULATIONS - REGULATION 6 Powers of inspectors in relation to investigation of accidents or other occurrences VerDate:30/06/1997 An inspector may, for the purpose of investigating an accident or occurrence pursuant to regulation 5, in addition to his powers under the Ordinance- (a) by summons under his hand call before him such persons as he thinks fit; (b) examine any such person and require him to answer any question or to give any information or to produce any document or article which the inspector thinks may be relevant to the investigation; (c) permit any person to appear before him to give any such information or produce any such document or article; (d) retain any such document or article until the completion of the investigation; (e) require any person to make and sign a statutory declaration as to the truth of any statement made by him; (f) remove, or take measures for the preservation of, any machinery, plant or equipment for the purpose of making any test or inspection; (g) take such measures as may be necessary for the preservation of evidence. MASS TRANSIT RAILWAY REGULATIONS - REGULATION 7 (Repealed 13 of 2000 s. 64(1)) VerDate:30/06/2000 MASS TRANSIT RAILWAY REGULATIONS - REGULATION 7 Further provisions as to investigations VerDate:30/06/1997 (1) Every investigation by an inspector shall be held in private. (2) A person summoned as a witness at any investigation shall be allowed such expenses as the Financial Secretary may determine. (3) The answer given by a person to any question put to him for the purposes of an investigation shall not be admissible against that person in any civil or criminal proceedings by or against him except where he is charged with perjury or with an offence under regulation 8. MASS TRANSIT RAILWAY REGULATIONS - REGULATION 8 (Repealed 13 of 2000 s. 64(1)) VerDate:30/06/2000 MASS TRANSIT RAILWAY REGULATIONS - REGULATION 8 Obstruction and failure to supply information VerDate:30/06/1997 Any person who- (a) without lawful excuse fails to answer a summons under regulation 6(a) or to comply with a requirement under regulation 6(b) or (e); (b) knowingly furnishes to an inspector acting under these regulations information that is false or misleading in a material particular; (c) obstructs an inspector in the exercise of his powers under these regulations, commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. MASS TRANSIT RAILWAY REGULATIONS - REGULATION 9 (Repealed 13 of 2000 s. 64(1)) VerDate:30/06/2000 MASS TRANSIT RAILWAY REGULATIONS - REGULATION 9 Corporation to prepare and issue operating manuals VerDate:01/07/1997 The Corporation shall- (a) prepare and revise from time to time as may be necessary, a manual or manuals of instructions setting out the practices and procedures to be observed to ensure the safe operation of the railway; (b) ensure that every person who is engaged in the operation of the railway, whether as an employee, or as a contractor or agent of the Corporation, is made fully aware of the functions and duties imposed on him by the said instructions, and is provided with every manual in which those instructions are contained and such replacements thereof as may be necessary; (c) furnish to the Chief Secretary for Administration such number of copies of every manual of instructions, and all amendments thereto, as he may require. (L.N. 362 of 1997) MASS TRANSIT RAILWAY REGULATIONS - REGULATION 9 Corporation to prepare and issue operating manuals VerDate:30/06/1997 The Corporation shall- (a) prepare and revise from time to time as may be necessary, a manual or manuals of instructions setting out the practices and procedures to be observed to ensure the safe operation of the railway; (b) ensure that every person who is engaged in the operation of the railway, whether as an employee, or as a contractor or agent of the Corporation, is made fully aware of the functions and duties imposed on him by the said instructions, and is provided with every manual in which those instructions are contained and such replacements thereof as may be necessary; (c) furnish to the Chief Secretary such number of copies of every manual of instructions, and all amendments thereto, as he may require. MASS TRANSIT RAILWAY REGULATIONS - SCHEDULE SCHDULE (Repealed 13 of 2000 s. 64(1)) VerDate:30/06/2000 MASS TRANSIT RAILWAY REGULATIONS - SCHEDULE SCHEDULE VerDate:30/06/1997 [regulation 3] NOTIFIABLE OCCURRENCES PART I Occurrences directly affecting persons 1. Any accident connected with the operation of the railway or with the maintenance thereof, not being an accident which is notifiable under regulation 2, as a result of which an employee of the Corporation or of a contractor with the Corporation is unable, for a period exceeding 3 days immediately after the accident, to fully carry out his normal duties. 2. Any occurrence, not coming within paragraph 1, in which a person- (a) falls off a platform or crosses a line whether or not he is struck by a train; (b) falls out of a carriage during the running of a train; (c) falls between a train and a platform; (d) comes into contact with live overhead electric traction wires or other live electrical equipment; (e) suffers injury, which is reported to the Corporation, by the opening or closing of carriage doors at a station or by the operation of an escalator, lift or moving path used by the public as part of the railway; (f) suffers injury, which is reported to the Corporation, as the result of any action of an employee of the Corporation, or of a contractor with the Corporation. PART II Occurrences affecting railway premises, plant and equipment 1. Any failure of an axle, wheel or tyre on a train, including tyres unfit to run. 2. Any failure of any part of a power, unit on a train which endangers or could endanger the safe operation of the railway. 3. Any fire, severe electrical arcing or fusing on a train or on any part of the railway or on any part of the railway premises or on premises occupied or used by the Corporation in the running of the railway. 4. Any accidental division of a train. 5. Any fracture of a rail in the permanent way. 6. Any buckling of a running track. 7. Any failure of a tunnel, bridge or elevated section or any part of the same which endangers or could endanger the safe operation of the railway. 8. Any flooding of any part of the permanent way which endangers or could endanger the safe operation of the railway. 9. The loss of control of any passenger escalator, lift or moving path. 10. Any failure of a signal structure or of any part of the fixed electrical equipment which endangers or could endanger the safe operation of the railway. 11. The accidental entry of any road vehicle on to the permanent way. 12. Any other failure of the permanent way or of any machinery, plant or equipment which endangers or could endanger the safe operation of the railway.