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The Yellow Book - Engineering Safety Management
Regulatory Authorities
Regulatory authorities, that is, government agencies or organisations empowered by governments or international organisations (such as the EU), have a very important role in the field of safety. They decide on and promulgate laws and regulations in force in a country or for all member organisations. They also control and enforce the application of the regulations. Viewing the regulators' web sites can be valuable, since they are a rich source of information.

UK Regulators
Lists all the UK regulators and explains their roles and functions.
European Regulators
Lists a series of European regulators and explains their roles and functions.
Regulators in the Rest of the world
Lists a series of other regulators and explains their roles and functions.

UK Regulators Top

HMRI

The HM Railway Inspectorate (HMRI) is an arm of the Health and Safety Executive. Its purpose is to secure the proper control of risks to the health and safety of employees, passengers and others who might be affected by the operation of Britain's railways. It does this by:

  • ensuring through approval and inspection that new works and rolling stock meet acceptable safety standards such as those set out in the Inspectorate's Railway Safety Principles and Guidance;
  • considering, accepting as appropriate and monitoring compliance with Railway Safety Cases;
  • securing compliance with health and safety legislation through a programme of planned inspection and, where appropriate, enforcement action;
  • monitoring accident trends and investigating selected incidents;
  • influencing the industry and others on all aspects of the regulation and management of health and safety on Britain's railways.
Internet links: - Her Majesty's Railway Inspectorate

SRA

The Strategic Rail Authority is the public sector, strategic specifier and provides industry leadership. This involves setting the framework within which Network Rail and Train Companies deliver. It is responsible for planning the rail system and franchising the train company contracts.

The SRA operates under Directions and Guidance (D&G) from the Secretary of State for Transport. In Scotland it is also subject to D&G from the Scottish Minister for Transport, and is subject to D&G from the Mayor of London in respect of services operating within that city.

Internet links: - Strategic Rail Authority

Office of the Rail Regulator

The Rail Regulator, Tom Winsor, is an independent statutory office holder appointed by Government under the Railways Act 1993. The Regulator aims, through independent, fair and effective regulation, to achieve the continuous improvement of a safe, well-maintained and efficient railway which meets the needs of its users and to facilitate investment in capacity to satisfy the demands of growth in passenger and freight traffic at the time it is needed.

The Rail Regulator has a range of statutory powers under the Railways Act 1993, as amended by the Transport Act 2000. He also has concurrent jurisdiction with the Office of Fair Trading, under the Competition Act 1998. The Regulator’s principal function is to regulate Network Rail’s stewardship of the national rail network infrastructure (track, signalling, bridges, tunnels, stations and depots). The Regulator must exercise his functions under the Railways Act 1993 in accordance with the statutory duties placed on him.

He heads the ORR, a small, non-ministerial government department staffed by civil servants. The Regulator is assisted by a board of executive and non-executive directors. The ORR has organised itself to take forward its work programme according to the aim and objectives set out in its business plan.

The Regulator receives general guidance from the Secretary of State for Transport under section 4(5)(a) of the Railways Act 1993. The Secretary of State sets the overall policy for Britain’s railways, setting it within a wider transport context. He also provides directions and guidance to the Strategic Rail Authority (SRA), an executive agency of the Department for Transport (DfT).

The SRA sets down railway strategies, representing passenger and freight interests through the provision and management of passenger train operating franchises, the provision of rail freight grants and the enforcement of consumer protection conditions contained within operating licences. The Regulator has a duty to have regard to the financial position of the SRA and to facilitate the furtherance by the SRA of any strategies which it has formulated with respect to its purposes (section 4(1) of the Railways Act 1993).

The Regulator must balance his duties when exercising his functions under the Railways Act 1993. The Regulator and the SRA share the same purposes, but they have separate but complementary jurisdictions. As such, they entered into a concordat in February 2002 which set out how the two offices communicate and cooperate with each other.

Internet links: - Office of the Rail Regulator

UK Department for Transport

The UK Department for Transport has now taken over all responsibilities from the DETR.

The Department for Transport's objective is to oversee the delivery of a reliable, safe and secure transport system that responds efficiently to the needs of individuals and business whilst safeguarding our environment.

The Department has a number of specific objectives set out in Public Service Agreement (PSA) targets.

The Department's responsibilities are wider than the PSA targets, so we also have objectives covering areas such as mobility and social inclusion, aviation and logistics, and the services delivered through the Departments agencies. These are:

Improve public transport

  • Improve rail punctuality and reliability and meet rising demand
  • Improve accessibility, punctuality, reliability and use of local public transport (bus and light rail)
  • Cut journey times on London Underground services by increasing capacity and reducing delays

Improve reliability and reduce congestion

  • Reduce congestion on the inter-urban trunk road network and in large urban areas

Improve safety across all transport modes

  • Reduce the number of people killed or seriously injured in Great Britain in road accidents, particularly children in disadvantaged communities

Reduce the impact of transport on the environment

  • Improve air quality

Other objectives

  • Provide for the development of sustainable airport and air space capacity;
  • Improve the sustainability of the logistics sector;
  • Promote mobility and reduce social exclusion;
  • Develop, monitor and enforce appropriate security and compliance regimes for transport; and,
  • Deliver modernised services for drivers, vehicle users and the travelling public.
Internet links: - Dft

Health and Safety Executive

The Health and Safety Executive (HSE)'s role is to ensure that risks to people's health and safety from work activities are properly controlled.
They are interested in the health and safety of people at work - that includes people who may be harmed by the way work is done (for example because they live near a factory, or are passengers on a train). In some situations, they are also concerned with the way work affects the environment.
They develop new health and safety laws and standards, and play a full part in international developments, especially in the European Union and:

  • inspect workplaces;
  • investigate accidents and cases of ill health;
  • enforce good standards, usually by advising people how to comply with the law, but sometimes by ordering them to make improvements and, if necessary, by prosecuting them;
  • publish guidance and advice;
  • provide an information service;
  • carry out research;
  • carry out various activities such as nuclear site licensing and accepting off shore installation safety cases.
Internet links: - HSE

European Regulators Top

DK

Denmark: The Safety Regulators are all dependent upon the Ministries of Transport. As in the UK, there is a Railway Inspectorate, responsible for carrying out inspection of the safety of railways in Denmark.

Internet links: - Danish Ministries of Transport
- Railway Inspectorate

DE

Germany: Eisenbahn-Bundesamt (EBA) is the supervisory and approval authority for the federal railway, railway companies with HQs abroad, as well as for overhead magnetic railways. It also carries out State supervision over non-federal railways, with accountability to the 13 federal States. A Notified Body has been set up at EBA for the purposes of the railway Interoperability Directive which promotes the development of European high speed rail traffic without border stops.

Internet links: - Eisenbahn-Bundesamt

DE

The Netherlands: The Transport Safety Board was set up by statute in the Netherlands on 1st July 1999. Its remit is to conduct independent investigation into the causes of accidents or incidents in all transport sectors (aviation, shipping, rail, road traffic and pipe lines).
Railned is the organisation for capacity management and railway safety within the Netherlands. It coordinates the functional use of the infrastructure and supervises its safe implementation. Railned is an autonomous organisation that operates by order of the Ministry of Transport and Public Works. It is independent of any transport company and operates on behalf of all rail transport companies that use the Dutch railway network.

Internet links: - Transport Safety Board
- Railned

IE

Ireland: The Department of Public Enterprise has a major part to play in providing a supportive framework to the industry through its policy making and regulatory functions in the areas of air travel, airports, haulage transport and passenger transport, and through its role as shareholder in the commercial state transport companies.

Internet links: - Department of Public Enterprise

SE

Sweden: Banverket, the Swedish Rail Authority, has overall responsibility for the rail transport system in Sweden. It takes overall responsibility for the function, development and role of the railway in society as well as operating and managing the state-owned track infrastructure. The Swedish Railway Inspectorate is part of Banverket's organisation although its directors are appointed by the Swedish Government.

Internet links: - Banverket
- Swedish Railway Inspectorate

Regulators in the Rest of the world Top

ATSB

Australia: The Australian Transport Safety Bureau (ATSB) was created in 1999 in the Department of Transport and Regional Services. It combines the expertise and safety resources of:

  • the Bureau of Air Safety Investigation (BASI), responsible for investigating accidents, serious incidents, incidents and safety deficiencies involving civil aircraft operations in Australia;
  • the Marine Incident Investigation Unit (MIIU) investigates marine incidents under the Navigation (Marine Casualty) Regulations and publishes reports identifying the circumstances and determining the causes of marine accidents; and
  • a new Rail Safety Unit.
Internet links: - Australian Transport Safety Bureau (ATSB)
- Bureau of Air Safety Investigation (BASI)
- Marine Incident Investigation Unit (MIIU)

TSB

Canada: The Transport Safety Board of Canada (TSB) is an independent agency created by an Act of Parliament. Its role is to advance transportation safety through the investigation of transportation occurrences in the marine, pipeline, rail and aviation modes.

Internet links: - Transport Safety Board of Canada

NZ

New Zealand: The Transport Accident Investigation Commission (TAIC) is the New Zealand Crown Entity responsible for the independent investigation of significant aviation, rail, and marine accidents and incidents. TAIC does not investigate road accidents or incidents except when the circumstances may have significant implications for the safety of, for example, the rail transport system.

Internet links: - Transport Accident Investigation Commission (TAIC)

NTSB

United States: The National Transportation Safety Board (NTSB) is an independent Federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in the other modes of transportation -- railroad, highway, marine and pipeline -- and issuing safety recommendations aimed at preventing future accidents.
The NTSB is responsible for maintaining the government's data base on civil aviation accidents and also conducts special studies of transportation safety issues of national significance. The NTSB provides investigators to serve as U.S. Accredited Representatives as specified in international treaties for aviation accidents overseas involving U.S.-registered aircraft, or involving aircraft or major components of US manufacture.
The NTSB also serves as the "court of appeals" for any airman, mechanic or mariner whenever certificate action is taken by the Federal Aviation Administration or the US Coast Guard Commandant, or when civil penalties are assessed by the FAA.

Internet links: - National Transport Safety Board (NTSB)

If you know of any other links or information that could be added to this page, please email webmaster@yellowbook-rail.org.uk

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