First

Session, 47th General Assembly

Elizabeth II, 2012

BILL 21

AN ACT TO AMEND THE

RAIL SERVICE ACT, 2009

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

THOMAS J. HEDDERSON

Minister of Transportation and Works

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Rail Service Act, 2009 to

prohibit a person from entering on land

where line work is situated;

require a person to provide assistance

to an inspector to enable him or her to carry out his or her duties;

prohibit a person from obstructing an

inspector in the course of his or her duties; and

permit an inspector to forbid or

restrict the use of unsafe crossing work.

A BILL

AN ACT TO AMEND THE RAIL SERVICE ACT, 2009

Analysis

S.2 Amdt.

Definitions

Ss.14.1 to 14.3 Added

14.1 Entry on land

14.2 Inspectors

14.3 Order of inspector

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2009 cR-1.2

as amended

(1) Section 2 of the Rail Service Act, 2009 is amended by adding immediately after

paragraph (

c) the following:

(c.1) "crossing work" means a road

crossing or a utility crossing;

(c.2) "line work" means

(

i) a line of railway, including a structure

supporting or protecting that line of railway or providing for drainage of it,

(ii) a system of switches, signals or other like

devices that facilitates railway operations, or

(iii) any other structure built across, beside,

under or over a line of railway that facilitates railway operations, but does

not include crossing work;

(2) Section 2 of the Act is amended by deleting

the word "and" at the end of paragraph (g), deleting the period at

the end of paragraph (

h) and substituting a semi-colon, and by adding immediately

after paragraph (

h) the following:

(i) "road crossing" means the part of a

road that passes across, over or under a line of railway, and includes a

structure supporting or protecting that part of the road or facilitating the

crossing;

(j) "utility crossing" means the part of

a utility line that passes across, over or under a line of railway, and

includes a structure supporting or protecting that part of the utility or facilitating

the crossing; and

(k) "utility line" means a wire, cable,

pipeline or other like means of enabling the transmission of goods or energy or

the provision of services.

2. The Act is amended by adding immediately after

section 14 the following:

Entry on land

14.1 A

person shall not, without lawful excuse, enter on land where line work is

situated.

Inspectors

14.2

(1) The

owner or person in charge of railway work, railway equipment or other places,

buildings or works inspected by a rail service inspector and every person found

at the railway work, railway equipment or other place, building or work shall

give an inspector all reasonable assistance to enable the inspector to carry

out his or her functions under this Act.

(2) A person shall not

(

a) fail to comply with a reasonable request of an

inspector;

(

b) without the authority of an inspector, remove,

alter or interfere with a thing seized or removed by an inspector; or

(

c) otherwise obstruct, hinder or interfere with

an inspector in the course of his or her duties.

Order of

inspector

14.3

(1) Where

a rail service inspector is of the opinion that the standard of construction or

maintenance of crossing work threatens safe railway operations, the inspector,

by notice sent to the person responsible for the maintenance of the crossing

work and to the permit holder,

(

a) shall inform them of that opinion and the reasons

for it; and

(

b) may, where the inspector is satisfied that the

threat is immediate, order either of them to ensure that the crossing work not

until the threat is removed to the inspector's satisfaction.

(2) Where a rail service inspector is of the

opinion that the method of operating a vehicle over a road crossing threatens

safe railway operations, the inspector, by notice sent to the driver or

operator of the vehicle,

(

a) shall inform them of that opinion and of the

reasons for it; and

(

b) may, where the inspector is satisfied that the

threat is immediate, order them to stop using the road crossing or to use it only

removed to the inspector's satisfaction.

William E. Parsons, Queen's Printer