MASS TRANSIT RAILWAY REGULATIONS

MASS TRANSIT RAILWAY REGULATIONS

MASS TRANSIT RAILWAY REGULATIONS

(Cap. 270, section 24)

[28 September 1979.]

These regulations may be cited as the Mass Transit
Railway Regulations

2. (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,

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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.

3. 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.

4. (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 subparagraph;

(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.





5. (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 deter-
mine 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 avoid-
ance of similar accidents or occurrences.

6. 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;

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.

7. (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.

8. 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 55,000 and to imprisonment
for 6 months.

9. 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.

SCHEDULE [reg. 3.1

NOTIFIABLE
OCCURRENCES

PARTI

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 11

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.
L.N. 232/79. Citation. Accidents which are to be notified. Other occurrences which are to be notified. Schedule. Notification of accidents and other occurrences. Chief Secretary may direct inspector to investigate. Powers of inspectors in relation to investigation of accidents or other occurrences. Further provisions as to investigations. Obstruction and failure to supply information. Corporation to prepare and issue operating manuals.

L.N. 232/79. Citation. Accidents which are to be notified. Other occurrences which are to be notified. Schedule. Notification of accidents and other occurrences. Chief Secretary may direct inspector to investigate. Powers of inspectors in relation to investigation of accidents or other occurrences. Further provisions as to investigations. Obstruction and failure to supply information. Corporation to prepare and issue operating manuals.

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