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(Cap 556, section 33)* [30 June 2000] G.N. 3903 of 2000 (13 of 2000) _________________________________________________________________________________ Note: * These Regulations were made under section 24 of the repealed Mass Transit Railway Corporation Ordinance (Cap 270). See section 64 and Schedule 3 to the Mass Transit Railway Ordinance (Cap 556). Cap 556A reg 1 Citation These regulations may be cited as the Mass Transit Railway Regulations. Cap 556A reg 2 Accidents which are to be notified (1) An accident is notifiable under regulation 4 if it occurs on a part of the railway which has commenced operation for public use and- (a) as a result thereof any person dies or suffers serious injury; or (b) it involves a train- (i) colliding with, or striking against, another train or any other object; or (ii) leaving the rails, and doing so either on a line used for the carriage of passengers or in circumstances where the normal operation of such a line is affected.(2) For the purposes of paragraph (1) a person suffers serious injury if he suffers amputation of a limb, a fracture or dislocation, internal injuries, loss of an eye, burns or any other injury of a kind which results in his being admitted to a hospital immediately following the accident for observation or treatment. Cap 556A reg 3 Other occurrences which are to be notified Every occurrence described in the Schedule is notifiable under regulation 4 if it occurs on a part of the railway which has commenced operation for public use. Cap 556A reg 4 Notification of accidents and other occurrences (1) The Corporation shall give notice to the Secretary of every accident which is notifiable under regulation 2 and occurrence which is notifiable under regulation 3. (2) The Corporation shall also supply to the Secretary such further information concerning such an accident or occurrence as he may require it to furnish to him. (3) Notice shall be given under paragraph (1) as follows- (a) in the case of an accident which is notifiable under regulation 2, immediately after the occurrence it shall be reported by word of mouth (which includes such a report by means of a telephone) to the Secretary or to any other public officer he may appoint for the purposes of this sub-paragraph; (b) as soon as is practicable after the accident or occurrence, a written report, in such form as the Secretary may from time to time determine, shall be completed and delivered to the office of the Secretary. (L.N. 362 of 1997; 13 of 2000 s. 64) Cap 556A reg 5 Secretary may direct inspector to investigate (1) Where an accident or occurrence which is notifiable under these regulations has occurred, the Secretary may direct an inspector to investigate the same. (2) The paramount purpose of such an investigation is to determine the circumstances and causes of the accident or occurrence with a view to avoiding similar accidents or occurrences in the future, rather than to ascribe blame therefor to any person. (3) The Secretary may in place of any inspector directed to carry out an investigation under paragraph (1) direct another inspector to proceed with the investigation, and in that case the investigation may be continued as if the change had not occurred. (4) The inspector shall, on completion of an investigation, make a report to the Secretary who shall cause the contents thereof to be brought to the attention of the public in such manner as he thinks fit. (5) A report shall state the circumstances of the accident or occurrence and conclusions as to its cause and any observations and recommendations which the inspector thinks necessary for the avoidance of similar accidents or occurrences. (L.N. 362 of 1997; 13 of 2000 s. 64) Cap 556A reg 6 Powers of inspectors in relation to investigation of accidents or other occurrences An inspector may, for the purpose of investigating an accident or occurrence pursuant to regulation 5, in addition to his powers under the Ordinance- (a) by summons under his hand call before him such persons as he thinks fit; (b) examine any such person and require him to answer any question or to give any information or to produce any document or article which the inspector thinks may be relevant to the investigation; (c) permit any person to appear before him to give any such information or produce any such document or article; (d) retain any such document or article until the completion of the investigation; (e) require any person to make and sign a statutory declaration as to the truth of any statement made by him; (f) remove, or take measures for the preservation of, any machinery, plant or equipment for the purpose of making any test or inspection; (g) take such measures as may be necessary for the preservation of evidence. Cap 556A reg 7 Further provisions as to investigations (1) Every investigation by an inspector shall be held in private. (2) A person summoned as a witness at any investigation shall be allowed such expenses as the Financial Secretary may determine. |