Notification of Changes to Railway Operations
New regulations requiring the notification of changes to railway operations are due to come into effect on 1 July 2006.
Why were the new regulations made?
The new regulations adopt a nationally agreed definition of when an application for a variation to accreditation is required.
During the development of the nationally consistent provisions for accreditation variations, it was agreed that they should be supported by requirements on accredited operators to notify rail safety regulators of specified changes to railway operations.
Under these new arrangements, some changes to railway operations which previously required an application for variation to accreditation, must now be notified to the ITSRR.
The new notification requirement is intended to ensure that the ITSRR is aware of significant changes to railway operations in NSW and can take appropriate action to monitor the changes and ensure compliance with relevant safety requirements.
What changes to railway operations must be notified to the ITSRR?
The following changes to railway operations must be notified to the ITSRR:
Type of change |
Information required in Notification |
Timeframe |
|---|---|---|
Proposed construction or commissioning the construction of rolling stock or railway track.
|
Description of the rolling stock or railway track proposed to be constructed. Proposed timeframes for the construction and commissioning of the rolling stock or railway track. |
As soon as practicable after the design of the rolling stock or railway track is approved by the operator. |
Introduction into service of rolling stock of a type not previously operated by the operator. |
Description of the new type of rolling stock. Proposed date rolling stock will first be operated. |
At least 28 days before the introduction into service of the new type of rolling stock. |
Modification of a safety critical element of existing rolling stock (1). |
Description of the rolling stock and the proposed modifications. Proposed timeframe for commencement and completion of the modifications. |
At least 28 days prior to the introduction into service of the modified rolling stock. |
Modification of existing railway infrastructure (not including routine repairs or maintenance in accordance with the SMS). |
Description of the proposed modification, including location and technical specifications. Proposed timeframes for commencement and completion of the modifications. |
At least 28 days before commencing the modifications, except in the case of emergency modifications. Emergency modifications to be notified as soon as practicable. |
Changes to the standards for the design of railway infrastructure and rolling stock. |
Description of the proposed change to the standards. The date the changes take effect.
|
As soon as practicable after amended or new standard comes into effect. |
Changes to frequency and procedures for the inspection and maintenance of railway infrastructure and rolling stock. |
Description of the proposed changes to the inspection and maintenance frequency and procedures. The date the changes take effect. |
At least 28 days before the changes take effect. |
Introduction of a new safeworking system not previously used by the operator. |
Description of the new safeworking system and the section(s) of track on which it is to be applied. Proposed date the new safeworking system will apply. |
As soon as practicable after the design is approved by the operator. |
Changes to safeworking systems (2).
|
Description of the safeworking system and the section of track on which it will be applied. Proposed date the change to safeworking system will apply. A statement that all relevant stakeholders have been notified of the rule changes. |
No later than 28 days prior to the implementation of changes to safeworking systems. |
Changes to rules relating to the conduct of railway operations on the NSW rail network (3). |
A copy of the proposed new or amended rule. Proposed date the changes will be implemented. Evidence that all relevant stakeholders have been notified of the proposed rule changes. |
At least 28 days prior to implementation of new or amended rule.
In the case of emergency changes to rules, as soon as practicable.
|
Change to the person nominated in the SMS as responsible for maintaining the SMS. |
The name, qualification, competence and experience of nominated person. Details of their responsibilities and accountabilities for maintaining the SMS. |
At least 7 days prior to the commencement of the change of the nominated person.
In the case of emergency changes as soon as practicable. |
When are notifications required?
The new regulations specify timeframes for the notification of changes to railway operations.
The timeframes between notification of the proposed changes and their implementation varies according to the nature of the proposed change.
The timeframes for each type of notifiable change are included in the table (above).
What information should be included in a notification?
The new regulations specify the information to be supplied with a notification.
The information requirements are different for different types of proposed changes to railway operations.
The information required to be submitted with each type of notifiable change are included in the table (above).
How do I lodge a notification of proposed changes to railway operations?
To lodge a notification, submit a completed ITSRR Changes to Railway Operations Notification Form and any required information to the ITSRR by post, fax or email.
What happens to notifications once they are lodged?
Firstly, the information supplied with the notification is reviewed for completeness. If no further information is required, the receipt of the notification is acknowledged in writing.
The acknowledgement letter includes the name and contact details of the ITSRR officer who is reviewing the notification.
The notification is then reviewed by ITSRR, in conjunction with other information held by the ITSRR regarding the accreditation and safety performance of the operator.
In some cases, the ITSRR may make further inquiries about the proposed change, request a meeting to discuss any concerns about the proposed change, or conduct an inspection to view relevant worksites, equipment or documents.
In other cases, the proposed change may be flagged as an issue to follow up during the next scheduled audit of the operator’s SMS.
When can a notified proposed change be implemented?
The ITSRR does not approve notified changes. Operators may proceed with the development and implementation of the notified change as indicated in the information submitted with the notification, unless ITSRR advises otherwise.
Do I have to notify operational changes which were implemented before the new regulations commenced?
No.
What about the changes which were in progress when the new regulations commenced (1 July 2006)?
Changes which are in progress when the regulations commenced should be notified to ITSRR with the required supporting information.
The transitional provisions in the new regulations indicate that operators will not be penalised for failing to notify these changes within the newly applicable notification timeframes.
(1) “Safety critical elements” as defined in AS4292.3:1995, Appendix C, Section C2.
(2) “Safeworking system” as defined in the RS Act 2002, s4
(3) “NSW rail network” as defined in the Transport Administration Act 1988, s3.