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

2. 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

3. 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

4. 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

5. 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

6. THANK YOU 6