TRANSNET LIMITED’S PRESENTATION TO THE PORTFOLIO COMMITTEE ON TRANSPORT: NATIONAL RAILWAY SAFETY REGULATOR AMENDMENT BILL 24 June 2008

BACKGROUND Transnet Limited submitted comments to the Department of Transport on the earlier version of the Bill on 5 March 2008. Remaining matters on which representations are to be made are as follows: Definitions Safety fee dispensation Railway occurrence investigations 2

Definitions “dangerous goods” “network”, “network operator” & “train operator” Challenges arising from the conjunctive nature of the definitions Multiplicity of role players not readily identifiable through the definitions Clarity required in respect of status where different operators provide services to each other Need to reflect divisible responsibilities of “joint” operators (e.g. trans border traffic and Rovos Rail) 3

Safety fee dispensation Currently only a provision for a processing fee Three different fee dispensations being proposed: Fees for services Other fees determined by the Minister Fees determined by the Regulator Fees determined by the Regulator are discretionary and without external checks and balances Due to impact on budgets a fee dispensation that is both certain and predictable should be considered. 4

Railway occurrence investigations Proposed requirement to investigate all railway occurrences to be welcomed Independence of Regulator may be compromised if it is allowed to influence investigations (proposed subsections (9) to (12) ) The following amendments are proposed: Create a statutory duty to submit an investigation report to the Regulator within a defined period Allow poor investigations to trigger independent investigations by the Regulator Clarify terminology between “committee of inquiry” and “investigator” 5

THANK YOU 6