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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 126H
Power to hold or stop and hold rail vehicle
126H Power to hold or stop and hold rail vehicle
(1) This section applies if an authorised person reasonably believes that—
(a) dangerous goods are on a rail vehicle and a provision of the
Transport Infrastructure Act 1994 , chapter 14 is being contravened in
relation to their transportation; and
(b) the interests of safety require the
authorised person to stop or hold the vehicle.
(2) The authorised person may
require the railway operator for the vehicle to hold, or stop and hold, the
vehicle at a stated safe place.
(3) Before making the requirement, the
authorised person must tell the railway operator the grounds for the belief.
(4) For subsection (2) , a place is a
"safe place" if— (a) the train controller tells the authorised person that
it is safe, so far as other rail traffic is concerned, to stop or hold the
vehicle at the place; and
(b) the presence of the vehicle at the place is
unlikely to endanger human life or property.
(5) The railway operator must
comply with a requirement under subsection (2) , unless the railway operator
has a reasonable excuse. Penalty— Maximum penalty—150 penalty units.
(6) The train controller must give any advice asked for by the authorised
person about whether it is safe, so far as other rail traffic is concerned, to
stop or hold the vehicle at a place. Penalty— Maximum penalty—40
penalty units.
(7) This section does not limit any other power under this
part or part 3B .
(8) In this section—
"train controller" , in relation to a rail vehicle, means an individual who is
in control of train control signalling and communication for the section of
track on which the rail vehicle is travelling or standing.
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