Rail transport operator compliance with their legislative obligations under the RSNL and with the terms of their accreditation and/or registration is central to rail safety.
Where there is a failure by an operator to comply, ONRSR will consider the circumstances and then apply a measure appropriate and in proportion with the risk presented at the time. This can be through the provision of information, education and monitoring or by enforcement action.
Regulatory pyramid
The compliance and enforcement tools available to ONRSR and their seriousness are represented below.
Where appropriate, ONRSR will liaise with the rail transport operator (RTO) when considering the compliance and enforcement option so as to afford the RTO an opportunity to remedy the matter.
Although in some instances, provision of advice, education and training is sufficient, ONRSR shall, if appropriate, use stronger enforcement options dependent upon the risk to safety and/or the gravity of the circumstances.
These range from the issue of statutory notices (improvement notice, prohibition notice, non-disturbance notice, infringement notice), conditions or restrictions on accreditation/registration, direct amendment of safety management system, finding of non-conformance, prosecution, enforceable voluntary undertaking - and in some cases, the revocation or suspension of accreditation.