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ATR Seminar 28-30 May 2004
Operation of Heritage Rail in the 21st Century

National Rail Safety Reform Agenda And Heritage Railways
Speaker - Brett Baker
 
Content
 
National Road Transport Commission to National Transport Commission
  • NRTC formed in 1991.
  • Main goal of removing barriers to economy and uniform, consistent regimes for road transport.
  • Part of micro-economic reform agenda.
  • No role in infrastructure delivery or management.
  • NRTC sunset 14th January 2004.
  • August 2002 - Review endorsed by Australian Transport Council.
  • Inter-governmental Agreement sign-off (ATC), NRTC commences rail work in July 2003.
  • NTC Act assented to 6th September 2003.
  • NTC commenced 15th January 2004.
 
What NTC Is
  • Independent body reporting to the ATC.
  • Works toward establishing the best transport outcomes for Australia.
  • Seeks national outcomes for road, rail and intermodal issues.
 
What NTC Does
  • Leads transport regulatory reform nationally:

  • - to meet the needs of transport users and the broader community
    - for safe, efficient and sustainable land transport.
  • "Develop, monitor, maintain uniform and
    nationally consistent regulatory and
    operational reforms..." (NTC Act 2003)
 
How NTC Makes a Difference
  • Provides mechanism to obtain national solutions to national problems.
  • ATC approval for these solutions.
  • Looks to future needs and current problems.
  • Seeks to minimise black letter law and administrative burdens.
  • Improves safety, efficiency and environmental outcomes.
  • Consults widely
 
Current Focus - Rail
  • Improve and strengthen co-regulatory framework for rail transport.
  • Improving the accreditation process, including mutual recognition.
  • Identifying impediments to intermodal efficiency.
  • National policy on key safety issues, eg. Fitness for duty standards:

  • - Health.
    - Fatigue.
    - Drugs and Alcohol
  • Assist with the development of the Australian Code of Practice.
 
Key Regulatory Challenges
  • An effective long term regulatory interface:

  • - regulators / operators.
    - track managers / train operators.
  • National Standards:

  • - view the network and its administration as a national system.
  • "Lock In" regulators panel review and Code development.
 
Fitness for Duty
  • Recent accidents in Victoria and NSW (Waterfall) has focused attention.
  • Medical Fitness Standards, approved by the Australian Transport Council, come into place by 1st July 2004.
  • Fatigue, drugs and alcohol under review.
 
Fatigue Review
  • Strong political focus on fatigue in transport:

  • - Neville Report, 'Tracking Australia. An inquiry into the role of rail in the national transport network' (1998).
    - NSW Rail Safety Act 2002.
  • Increased OH&S interest.
  • Changing face of the rail industry.
  • Industry initiatives.
  • Waterfall.
  • Development of a national policy on fatigue management in the rail industry:

  • - improvements in rail safety.
    - not constrain productivity.
  • Approach:

  • - examining manner in which fatigue is managed and regulated.
    - identifying measures in order to promote an effective and consistent approach.
 
Current Regulatory Structure
  • Six different kinds of regulatory or quasi-regulatory instruments governing rail safety:

  • - Acts (Primary Legislation).
    - Regulations.
    - Australian Standards (notably AS4292 and 4360).
    - Safety Management Plans.
    - Code of Practice.
    - Rules and Procedures.
  • Complex and leads to inconsistency.
 
Prevalence of Fatigue
  • No consistent definition of fatigue.

  • - either for research of analysing data.
    - US data: 19% train accident costs are the result of human factors.
  • BTRE annual cost of rail accidents (excluding level crossing accidents) $111 m.
  • Despite lack of data reviews in Uk & US found fatigue a problem.
 
Fatigue Expert Group Principles
  • Minimum sleep opportunities.
  • Cumulative nature of fatigue and sleep loss.
  • Circadian biological clock.
  • Working time, task demands and burden of work.
  • Short breaks within working time.
 
Possible Outcomes
  • Self regulation by the rail industry.
  • Reliance on OH&S legislation.
  • Transport legislation:

  • - AS4292 and accreditation process.
    - prescribed regulation.
    - fatigue management schemes.
  • Codes of Practice:

  • - generally not mandatory - can be prescriptive or performance based.
 
Development of a National Policy
  • Policy developed jointly with all stakeholders:

  • - What is needed to manage fatigue.
    - How it will be applied.
    - How comlpiance is to be achieved.
    - In respect of road, a total package has already been proposed.
 
D&A Review
  • Regulations already in place in all jurisdictions.
  • Rail safety workers:

  • - must not have more than the prescribed level of alcohol in blood or breath ('0' tolerance).
    - must not be impaired by a drug.
  • Each accredited operator/track manager must demonstrate this is managed in SMS.
  • Reviwing for national consistency in policy and application.
  • Well managed - but lack of data to properly support postition.
  • What is impairment relating to drug use?

  • - Measuring (presence).
    - Validating.
    - Testing.
 
Future Focus

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