1. Who is the RSR?

2. What does the RSR do?

3. How can stakeholders respond to the RSR?

4. What is expected from an operator?

The RSR is an agency of the Department of Transport and is listed as a National Public Entity in schedule 3A of the Public Finance Management Act, 1999 (Act 1 of 1999).

It is governed by a Non-executive Board of Directors, appointed by the Minister of Transport for a term of three years. The first Board was appointed in June 2003. The board is the accounting authority in terms of the National Railway Safety regulator Act (NRSRA) AND THE Public Finance Management Act.

The functions of the RSR are managed by a Chief Executive Officer (CEO), appointed by the Minister for a period not exceeding five years. The CEO is an ex officio member of the Board and is the accounting officer.

The RSR Mandate

The RSR mandate is contained in the National Railway Safety Regulator Act of 2002. The fundamental principle embodied in the NRSRA is one of co-regulation, whereby railway operators are responsible for managing safety, and the RSR is responsible for overseeing safety. To this end, the mandate of the RSR includes:

• Overseeing safety in the railway transport industry.
• Promotion of the use of rail through improved safety performance.
• Development of regulations and standards as required.
• Conclusion of co-operative agreements with all organs of state whose activities may impact on railway safety in order to prevent duplication.
• Promotion of the harmonisation of the railway safety regime in South Africa with the objectives and requirements of neighbouring countries, in particular the Southern African Development Community (SADC) members.
• Being the competent authority for the transportation of dangerous goods by rail.    TOP /\
  

In order to execute its mandate, the RSR expects the co-operation of railway operators in the interests of improving safety, especially since operators are responsible for managing safety. In particular, the functions of the RSR include:

• Nurturing relationships with operators to improve safety performance in general.
• Issuing of Safety Permits to operators that demonstrate the existence of a comprehensive Safety Management System (SMS). This is in accordance with the provisions of the Railway Safety Management Regulations (2004) and the South African National Standard: Railway Safety management; Part 1: General (SANS 3000-1/RSR 001)
• Undertaking of safety audits and inspection to verify the existence of the elements in the operator’s SMS.
• Undertaking of ad hoc inspections where unsafe conditions or activities are reported.
• Issuing of notices of non-compliance where unsafe conditions or activities are found.
• Undertaking of occurrence investigation, either by an independent Board of Inquiry or by in-house RSR personnel, depending on the nature of and severity of the occurrence.
• Receipt and analysis of occurrence statistics and reports in order to determine the state of safety and where interventions to improve safety may be required.
• Development of regulations to give effect to the National Railway Safety Regulator Act or to improve processes for managing safety.
• Development of standards to ensure consistency, efficiency, and improved safety performance.
• Development and execution of an integrated communication and safety awareness strategy.
• Development of the expertise and capacity to be the competent authority for the transport of dangerous goods by rail.        TOP /\

Stakeholders fit into the following broad categories and their responsibilities differ considerably:

• Railway operators

They fall into three categories: network, train and station. Railway operators that are required to have a safety permit are defined in the National Railway Safety Regulator Act. Should there be any uncertainty regarding what is required, contact the General Manager of Safety Regulation.

• Freight shippers

The RSR has no direct relationship with freight shippers. Train operators need to demonstrate in their SMS how they ensure that freight shippers comply with the provisions of the National Railway Safety Regulator Act and regulations, in particular regarding the transport of dangerous goods by rail. It will be in their interest that freight shippers familiarise themselves with these requirements.

• Carriers

The RSR has no direct relationship with carries. Train operators need to demonstrate in their SMS how they ensure that carriers comply with the provisions of the National Railway Safety Regulator Act and regulations. It will in their interest that carriers familiarise themselves with these requirements.

• Passengers, either commuter or long distance

Although the RSR has no direct relationship with individual passengers or representative organisations, it has planned to arrange a formal forum to enable issues affecting safety and security to be tabled and action plans developed. The General Manager of Corporate Affairs may be contacted in this regard.

• National, provincial and local government, utilities and other regulators

The relationship with these institutions will be managed through co-operative agreements, as provided for in the NRSRA. For further information contact the General Manager of Safety Regulation.

• Contractors and suppliers

The RSR has no direct relationship with contractors and suppliers. Train operators need to demonstrate in their SMS how they ensure that contractors and suppliers comply with the provisions of the National Railway Safety Regulator Act and regulations. It will in their interest that contractors and suppliers familiarise themselves with these requirements.   TOP /\

Every railway operator shall prepare and implement a fully resourced and
effective safety management system (SMS) based on the requirements of
the South African National Standard SANS 3000-1: 2005 Railway Safety
management (Part 1: General).

An operator is obliged to apply for a Safety Permit by completing a
Temporary Permit Application Form. This Form is available on the RSR
website www.rsr.co.za.

A Temporary Safety Permit valid for 6 months is issued to the operator.
Within 3 months of having been issued with a Temporary Permit, the
operator is obliged to submit a comprehensive Safety Management
System Report (SMSR) to the Railway Safety Regulator (RSR). A Safety
Management System Report Format is available and has to be completed
as the official application for a Safety Permit.

The SMSR is assessed by the RSR and the following possibilities flow
from this:

The SMSR submitted is found not to meet the minimum requirements for the issuing of a Safety Permit. The RSR provides feedback in writing to the operator on the additional information required in order to meet the basic requirements for a permit. In the letter a submission date is stipulated on which the additional information should be submitted to the RSR. The operator will still be functioning on a Temporary Safety Permit at until the submitted information was found to be adequate.

Should a SMSR be found to meet the most critical requirements but lack the remaining criteria, a Conditional Safety Permit valid for 4 months may be issued. A letter explaining what is required from the operator to meet the Special Conditions attached to the Conditional Safety Permit is sent with the permit. The operator will be expected to submit the information addressing the Special Conditions within 3 months of issuing of the Conditional Safety Permit.

Only once all the requirements are adhered to will the issuing of a Safety
Permit valid for 3 years be considered by the RSR."

In particular, the development and implementation of the SMS shall be
based on a true reflection of the operational risk management processes
of the operator.
Operators must address to the specific conditions attached to their safety
permit and advise compliance in order that those conditions can be
revoked once complied with.

Operators must inform the RSR timeously of any changes to their SMS
and SMS report:

• Material changes to the SMS report, including changes to the SMS, shall be submitted to the RSR for noting, 30 days before the changes will be effected. This requirement does not prevent an operator from taking immediate action should safety be compromised, or when it has the potential to be compromised.
• Minor changes to conditions of the Safety Permit that result from changes in the SMS report, including changes in the SMS, shall be submitted to the RSR for noting within 30 days of the changes being made.

Operators are required to report railway occurrences to the RSR:

• Immediate reporting: Any railway occurrence which result in injury, death or significant damage to property, including the environment, are to be recorded by the operator and reported immediately (within 15 minutes) to the RSR telephonically, followed by a report in writing as soon as possible, but within 24 hours after the occurrence.
  
• Quarterly reporting: An operator is to provide the following information to the RSR for the purpose of assessment of the performance of the operator:
  
• The number of occurrence per category (A-L)
• Railway occurrence trends per category explaining of noticeable changes in the trends for each category
• Description of corrective actions taken to address the trends
• Traffic volumes for the quarter under reporting. Traffic volumes can be expressed as train kilometers, net ton kilometers, passenger train kilometers, passenger journeys, goods train kilometers the number of shunts or tonnages received or dispatched.
• Quarterly reports are to be submitted to the RSR within 30 days of the end of each quarter (The quarters for the financial year are defined as follow: April – June; July-September; October – December; January – March)
  
• Annual reporting: Operators are required to submit an annual safety performance report for the year ending 31 March on a date not later than the end of September of each year. Specifically, operators are required to submit the following information:
  
• The number of occurrence per category (A-L)
• Railway occurrence trends per category including explanations of noticeable changes in the trends for each category
• Description of corrective actions taken to address the trends
• Traffic volumes for the year under reporting. Traffic volumes can be expressed as train kilometers, net ton kilometers, passenger train kilometers, passenger journeys, goods train kilometers or the number of shunts or tonnages received or dispatched
• The operator’s Safety Plan developed in accordance with the requirements of SANS 3000-1:2005.        TOP /\