Exemptions under Rail Safety Legislation
How are exemptions granted?
The Rail Safety Act 2008 provides an exemption from the requirement to be accredited to rail infrastructure managers of provide sidings in respect of railway operations (other than those involving the operation of rolling stock) carried out in the private siding.
Other exemptions may be granted either:
- by regulation, for example – exemptions from the Rail Safety Act 2008 or exemptions from accreditation, as provided for the in Act
- at the discretion of ITSRR, as provided for in the regulations.
- the obligation to consult with a particular person or body about an emergency management plan
- the requirement to have conditions of work in accordance with Schedule 2 of the Act for certain rail safety workers
- the train communications systems requirements in relation to a particular train or class of trains.
- persons who carry out railway operations, or cause railway operations to be carried out, but who are not rail transport operators
- related bodies corporate of accredited persons.
- the exemption sought (e.g. exemption from the obligation to consult with a particular person or body about an emergency management plan)
- information that, in the operator’s view, supports an exemption being granted.
What exemptions may be granted by regulation?
The Rail Safety Act 2008 provides that the regulations may exempt, or provide for the exemption of, either absolutely or subject to conditions, any person, class of persons, siding, railway, part of a railway or railway operation from all or any of the provisions of the Act or regulations.
Exemptions that require amendments to the regulations, for example, exemptions from the Act or exemptions from accreditation other than for heritage operators, will be considered on a case-by-case basis.
Can ITSRR grant exemptions for heritage operators?
ITSRR can grant an exemption to a heritage operator from some or all of the provisions of section 12 (safety management system) and Part 3 (accreditation of rail transport operators) of the Act, and any associated regulations made under those provisions.
What other exemptions may be granted by ITSRR?
The Rail Safety (General) Regulation 2008 allows ITSRR to grant exemptions to rail transport operators from:
ITSRR may exempt the following persons from some or all of the provisions of Part 3 of the Act (accreditation of rail transport operators) or any regulations made under those provisions:
How do I apply to ITSRR for exemption?
Applications for exemption must be made in writing to the Chief Executive of ITSRR and set out:
How will I know if I am granted an exemption by ITSRR?
ITSRR will advise applicants for exemption in writing about whether or not they have been granted an exemption.
For more information see ITSRR's Exemptions Policy.