On this page: What is a private siding? | Exemption from accreditation | Exempted operators still have some obligations | How to apply
Under the Rail Safety Act 2006 (RSA), a rail operator may apply to the Safety Director for an exemption from the requirement to be accredited if:
- it is a rail infrastructure manager who carries out rail infrastructure operations using or in relation to a private siding, and/or
- it is a rolling stock operator which carries out rolling stock operations in a private siding.
What is a private siding?
A private siding, as defined by the RSA, is a siding that is managed by a person other than a person who controls the rail infrastructure that the siding connects with, or has access to, but does not include:
- a marshalling yard
- a siding used mainly to enable rolling stock to pass other rolling stock that is on the same track
- a passenger terminal
- a siding of a kind that the regulations state is not a private siding (currently there are no sidings which the regulations state is not a private siding).
Exemption from accreditation
If a rail operator fits into one of the categories outlined above and its operations meet the definition of a private siding, then it may apply to the Safety Director for an exemption from the requirement to be accredited under section 63 of the RSA.
The Safety Director will assess the application based on:
- the scale and complexity of the private siding, and
- the extent of the railway track layout and other rail infrastructure of the private siding, and
- the risks to safety associated with the operation and use of the private siding, and
- the interface co-ordination plan accompanying the application, and
- any other matters that the Safety Director considers relevant.
Exempted operators still have some obligations
Rail operators which have been exempted from the requirement to be accredited by the Safety Director (i.e. non-accredited rail operators) still need to be aware of other requirements under the RSA that still apply to them. Even though an operator may fit within the category of 'non-accredited operator', it will still be subject to monitoring by PTSV as part of its compliance program to ensure that risks to safety are being appropriately managed.
The following table provides a summary of these requirements.
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Safety duties | | | |
Rail safety workers employed by the non-accredited operator are subject to safety duties. These duties are explained in more detail on the Safety duties web page.
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Safety management systems (SMS) | | | |
Non-accredited rail operators must have an SMS.
Schedule 3 of the Rail Safety Regulations 2006 sets out the matters and information to be contained in the SMS of a non-accredited operator. These include:
- Interface co-ordination - information about processes for identifying potential risks to the safety of rail operations for the purposes of developing an interface co-ordination plan (ICP), as well as copies of all ICPs developed by the operator.
- Risk management - information about the identification of incidents and hazards, control measures adopted, a risk register as well as processes to ensure that priority is given to areas of greatest risk.
- Infrastructure maintenance - details about how rail infrastructure within the private siding is to be maintained by the rail operator.
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Drug and alcohol controls | | | |
If a non-accredited operator employs rail safety workers, then those workers are subject to the alcohol and other drug controls requirements in the RSA.
While these requirements do not apply directly to non-accredited operators, rail infrastructure managers and rollling stock operators have safety duties under the RSA to ensure safety of rail infrastructure and/or rolling stock operations.
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How to apply
Applications for exemption from accreditation can be made using the downloadable form on this page (in the tools and downloads box). This form is part of the larger Accreditation Guideline package.
Applications should be addressed to:
The Safety Director
Public Transport Safety Victoria
PO Box 2797
Melbourne VIC 3001
The application will be assessed and further information requested if required. If all the requirements have been met by the applicant, the Safety Director may grant exemption and the exempted operator will receive a certificate of exemption.
The Safety Director may withdraw exemption status at any time if he/she believes that the exempted operator is carrying out works that are outside the operator’s scope, or that the operator no longer has the ability to adequately manage risks to rail safety. If this is the case, the exempted operator must either cease private siding operations, or apply for accreditation under the RSA.