Australia: Rail Reforms - Rail Safety National Law - Automation

WHO SHOULD READ THIS

  • Organisations involved in rail automation development, design and potential operations in Queensland.

THINGS YOU NEED TO KNOW

  • From 1 July 2017 the new Rail Safety National Law will apply in Queensland.

WHAT YOU NEED TO DO

  • Be aware of the format of the Rail Safety National Law as a framework and how it may apply to rail automation technologies.

Recently we have provided a brief overview of the Rail Safety National Law (Queensland) Act 2017 (Qld) (Act) which will apply the Rail Safety National Law (RSNL), with minor modifications, as a law of Queensland. To view this update please click here. We have also outlined some of the changes and transitional provisions of this Act. This update is available here.

Automation

In light of advancing technologies we now look at the possible implications the Act may have on the future of rail automation.

RSNL as a framework

The RSNL's format as a framework for safety management, rather than a set of prescriptive rules, should not directly impede the progression of the emerging technologies such as rail automation and robotics. Due to this approach the RSNL does not detail specific and separate requirements for rail vehicle automation, which is governed by the same general principles as other rail operations.

In a 2016 report, the National Transport Commission came to the conclusion that the current RSNL (as implemented in other States at that time) and associated regulatory framework should not create any significant barriers to the implementation of automated trains in Australia.1 The Commission's website states that its regulatory analysis on automated vehicles in the future will instead focus on road vehicles.2

In addition, those moving automated machinery of any kind (or having that automated machinery itself move rolling stock) may trigger particular considerations under the RSNL. Rail Infrastructure Managers, who are not also accredited as Rolling Stock Operators, or are relying on particular delegations of operations or exemptions, will need to remain vigilant to ensure that any automated operations being carried out on the below rail infrastructure are not in breach of the RSNL.

Duties under the RSNL

The RSNL places a duty on relevant persons (amongst other duties) to eliminate risks to safety as far as is reasonably practicable (or to minimise if not reasonably practicable to eliminate)3 and to develop safe systems of operations.4 The flexible description of responsibilities under the RSNL should allow automation issues to be dealt with progressively through the adoption of new, or changes to existing, codes of practice as the technologies themselves evolve.5

This would allow for relevant parties such as rail transport operators, rail safety workers, designers and manufacturers to be regulated under a code without the need to overhaul the RSNL.

While automation of rail vehicles is within the ambit of the current framework of the RSNL, there is currently no code of practice specific to the automation of rail vehicles. As such, any future codes of practice will need to be carefully developed in order to ensure the objectives of the RSNL can be met and at the same time, can be adapted to address any material challenges arising out of the development of new automation technologies.

Effective Management and Control

The question of who has 'effective management and control' of any automated trains (or traditional rolling stock moved by an automated process, such as a loader or unloader) is something which needs to considered closely by operators and infrastructure owners, given it may be the operator, utilising remote controls, rather than anyone physically on the train (e.g. the driver) who has 'effective management and control' for the purposes of the RSNL at any given time.

Those operators and infrastructure owners also need to look at their interface agreements, including any road and rail interfaces, to understand how risks in relation to automated trains (along with any automated vehicles using the roads), will be assessed, investigated and managed.

Opportunity

The harmonisation of rail safety laws, through the RSNL, could also be seen as an opportunity to improve the interoperability across jurisdictional rail networks which may assist in creating innovative outcomes in relation to the development of rail automation, and the applicable safety requirements which will go hand in hand.6

When announcing the introduction of the RSNL in Queensland, the Minister for Transport, Jackie Trad, stated that 'by implementing these reforms in Queensland, we are cutting red tape for industry and making our railways safer.'7 The industry will no doubt hope this approach will also be applied to rail automation developments, as well as traditional rail operations.

Footnotes

1 NTC Australia, 'Regulatory barriers to more automated road and rail vehicles Issues paper – February 2016' (Issues paper, February 2016) 12.
2 NTC Australia, Preparing for more automated road and rail vehicles (13 February 2017) National Transport Commission https://www.ntc.gov.au/current-projects/preparing-for-more-automated-road-and-rail-vehicles/.
3 Rail Safety National Law s46.
4 For example Rail Safety National Law s52(2)(a).
5 Rail Safety National Law s249.
6 NTC Australia, 'National Transport Commission Issues Paper on Regulatory Barriers to more automated road and rail vehicles' (Transport Cluster Submission, March 2016) https://www.ntc.gov.au/Media/Reports/(27E4AF67-E5BA-422F-9522-E35D7206AB6D).pdf.
7 The Honourable Jackie Trad, 'National reforms to improve rail safety' (Media Release, 28 February 2017).

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.