§ 52 — Power of entry to premises, trains, etc.

52.—(1) For the purpose of finding out whether an applicable requirement of this Act is being complied with, every rail safety inspector has the right of access, at any reasonable time, to the following:(a)

any railway infrastructure of a cross‑border railway;

(b)

any railway asset of a cross‑border railway;

(c)

any premises in Singapore used for undertaking any activity connected with managing railway assets, providing network services for or providing a cross‑border train service on a cross‑border railway;

(d)

any document or record concerning any matter or activity mentioned in paragraph (a), (b) or (c).

(2) A rail safety inspector is authorised to enter any railway infrastructure, railway asset or premises mentioned in subsection (1) only if its occupier has consented to the entry or after giving 3 hours’ prior notice of that entry to the occupier.

(3) A rail safety inspector who is authorised under subsection (1) to have access to or to enter any railway infrastructure, railway asset or premises mentioned in that subsection may —(a)

require any person who is in possession of any certificate, book, manual, record or other document relating to any railway infrastructure or railway asset, or the provision of network services or cross‑border train services to produce the certificate, book, manual, record or document, and take and retain extracts or copies of it;

(b)

require any person in possession of, or having control of, any machinery, equipment or other thing relating to the maintenance, operation or improvement of any railway infrastructure, the management of a railway asset, or the provision of network services or a cross‑border train service, as the case may be —(i)

to produce the machinery, equipment or other thing for inspection; and

(ii)

to answer questions or provide information relating to the machinery, equipment or other thing;

(c)

inspect and test any machinery, equipment or other thing mentioned in paragraph (b), or require any person to do anything which the rail safety inspector reasonably considers to be necessary for facilitating such test or inspection;

(d)

if the rail safety inspector considers it necessary to do so for the purpose of obtaining evidence of the contravention of any applicable requirement of this Act, seize any machinery, equipment, substance, record or other thing;

(e)

inspect, examine and take samples of any substance or thing on or in the railway infrastructure or railway asset or the premises mentioned in subsection (1)(c); and

(f)

photograph, or make sketches of, the railway infrastructure or railway asset or the premises mentioned in subsection (1)(c) and any substance or thing on or in the railway infrastructure, railway asset or premises.

(4) For the purpose of discharging his or her duties to the bilateral committee for a cross‑border railway that has opened, the independent safety auditor for the cross‑border railway has the same right of access and may exercise in Singapore the same powers conferred under this section on a rail safety inspector; and any reference in this section to a rail safety inspector includes a reference to the independent safety auditor.

(5) In this section, a requirement of this Act means any of the following relating to safety of cross‑border railways:(a)

a requirement of or under a provision of this Act;

(b)

a requirement of or under any regulation made under this Act;

(c)

a requirement of a notice, direction or order given by the LTA under this Act;

(d)

a condition of a licence or a code of practice.

—(1) For the purpose of finding out whether an applicable requirement of this Act is being complied with, every rail safety inspector has the right of access, at any reasonable time, to the following:(a)

any railway infrastructure of a cross‑border railway;

(b)

any railway asset of a cross‑border railway;

(c)

any premises in Singapore used for undertaking any activity connected with managing railway assets, providing network services for or providing a cross‑border train service on a cross‑border railway;

(d)

any document or record concerning any matter or activity mentioned in paragraph (a), (b) or (c).

(2) A rail safety inspector is authorised to enter any railway infrastructure, railway asset or premises mentioned in subsection (1) only if its occupier has consented to the entry or after giving 3 hours’ prior notice of that entry to the occupier.

(3) A rail safety inspector who is authorised under subsection (1) to have access to or to enter any railway infrastructure, railway asset or premises mentioned in that subsection may —(a)

require any person who is in possession of any certificate, book, manual, record or other document relating to any railway infrastructure or railway asset, or the provision of network services or cross‑border train services to produce the certificate, book, manual, record or document, and take and retain extracts or copies of it;

(b)

require any person in possession of, or having control of, any machinery, equipment or other thing relating to the maintenance, operation or improvement of any railway infrastructure, the management of a railway asset, or the provision of network services or a cross‑border train service, as the case may be —(i)

to produce the machinery, equipment or other thing for inspection; and

(ii)

to answer questions or provide information relating to the machinery, equipment or other thing;

(c)

inspect and test any machinery, equipment or other thing mentioned in paragraph (b), or require any person to do anything which the rail safety inspector reasonably considers to be necessary for facilitating such test or inspection;

(d)

if the rail safety inspector considers it necessary to do so for the purpose of obtaining evidence of the contravention of any applicable requirement of this Act, seize any machinery, equipment, substance, record or other thing;

(e)

inspect, examine and take samples of any substance or thing on or in the railway infrastructure or railway asset or the premises mentioned in subsection (1)(c); and

(f)

photograph, or make sketches of, the railway infrastructure or railway asset or the premises mentioned in subsection (1)(c) and any substance or thing on or in the railway infrastructure, railway asset or premises.

(4) For the purpose of discharging his or her duties to the bilateral committee for a cross‑border railway that has opened, the independent safety auditor for the cross‑border railway has the same right of access and may exercise in Singapore the same powers conferred under this section on a rail safety inspector; and any reference in this section to a rail safety inspector includes a reference to the independent safety auditor.

(5) In this section, a requirement of this Act means any of the following relating to safety of cross‑border railways:(a)

a requirement of or under a provision of this Act;

(b)

a requirement of or under any regulation made under this Act;

(c)

a requirement of a notice, direction or order given by the LTA under this Act;

(d)

a condition of a licence or a code of practice.