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Appointment of independent safety auditor
49. The LTA must, in accordance with the relevant bilateral railway agreement for the cross‑border railway in question, jointly appoint an individual as the independent safety auditor for the cross‑border railway.
Appointment of rail safety inspectors
50.—(1) The LTA may, in writing, appoint as rail safety inspectors any of the following persons:(a) any employee of the LTA with suitable qualifications and experience to properly exercise the powers of a rail safety inspector; (b) any individual who is not an employee of the LTA and has suitable qualifications and experience to properly exercise the powers of a rail safety inspector. (2) The LTA must issue to each rail safety inspector an identification card, which must be carried at all times by the rail safety inspector when exercising powers under this Act. (3) Without affecting the Land Transport Authority of Singapore Act 1995, but subject to subsection (4), the LTA may delegate the exercise of all or any of the powers conferred or duties imposed upon it under this Part to such of its employees, and such other individuals who are not its employees, as it appoints under this section to be a rail safety inspector. (4) However, nothing in subsection (3) authorises delegating the power of delegation conferred by that subsection. (5) Any delegation under subsection (3) may be general or in a particular case and may be subject to such conditions or limitations as set out in this Act or as the LTA may specify. (6) Every rail safety inspector who is not an employee of the LTA and acting under this Part is to be regarded as a public servant for the purposes of the Penal Code 1871.
Safety inspections and monitoring
51.—(1) The LTA or independent safety auditor may, by notice in writing, require, after the opening of a cross‑border railway —(a) any licensee for the cross-border railway; (b) the concessionaire for the cross-border railway; or (c) a subcontractor of a licensee for the cross‑border railway, to undergo such inspection or monitoring as the LTA or independent safety auditor considers, on reasonable grounds, necessary in the interests of ensuring the safety of the cross‑border railway. (2) In addition, the independent safety auditor may, by notice in writing, after the opening of a cross‑border railway, require the LTA if there is no concession agreement granted for the cross‑border railway, to undergo such inspection or monitoring as the independent safety auditor considers, on reasonable grounds, necessary in the interests of ensuring the safety of the cross‑border railway. (3) For the purposes of any inspection or monitoring under subsection (1) or (2), the LTA or independent safety auditor may in respect of any person described in subsection (1) or (2), by notice in writing, require from that person such information as the LTA or independent safety auditor, as the case may be, considers relevant to the inspection or monitoring. (4) Any person to whom a notice under subsection (1), (2) or (3) is given who, without reasonable excuse, fails to comply with the requirements of the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.
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.
Obstructing rail safety inspectors, etc.
53.—(1) A person who refuses to give access to, or obstructs, hinders or delays —(a) the independent safety auditor; or (b) a rail safety inspector, in the discharge of his or her duties under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. (2) However, it is not an offence under subsection (1) for any person to refuse to comply with any request, demand or order made or given by the independent safety auditor or a rail safety inspector who fails to declare his or her office and refuses to produce his or her identification card on demand being made by that person. (3) Any person who —(a) without reasonable excuse, refuses or fails to comply with a requirement under section 51 made by the independent safety auditor or a rail safety inspector; or (b) knowingly furnishes to the independent safety auditor or a rail safety inspector information that is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months.
Interpretation of this Division
54. In this Division, unless the context otherwise requires —“accident” means an accident associated with the operation of any railway infrastructure or a cross‑border train or other railway asset where —(a) a cross-border train is destroyed or seriously damaged as a result; (b) an individual dies or suffers serious injury as a result; or (c) any property is destroyed or seriously damaged as a result; “passenger” includes an intending passenger; “railway security incident” means a threatened act of unlawful interference or an act of unlawful interference; “serious incident” means an occurrence involving the operation of a cross‑border train or other railway asset where —(a) the cross‑border train is involved in a near‑accident; or (b) the occurrence could have affected or affected the safety of the operation of the train.
Compulsory reporting of accidents, etc., on cross‑border railway
55.—(1) This section applies where —(a) an accident or a serious incident occurs in Singapore; or (b) an accident or a serious incident occurs outside Singapore involving a train operated by a licensee holding a cross‑border train service licence. (2) If a relevant person has knowledge of an accident or a serious incident mentioned in subsection (1), the relevant person must give notice of the accident or serious incident to —(a) the competent authority for transport accidents in accordance with the written law in force governing transport accidents in Singapore; and (b) the bilateral committee for that cross‑border railway within the prescribed time and in the prescribed manner. (3) A relevant person who, without reasonable excuse, contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. (4) To avoid doubt, nothing in this section affects the operation of —(a) the Electricity Act 2001; (b) the Fire Safety Act 1993; or (c) the Workplace Safety and Health Act 2006. (5) In this section, “relevant person” means —(a) the licensee having charge of the railway infrastructure or railway asset involved, or the master of the cross‑border train involved, at the time of the accident or serious incident; (b) where the accident or serious incident occurs on or adjacent to a train station of a cross‑border railway in Singapore, the owner or operator of the train station; and (c) in all other accidents or serious incidents, such persons as may be prescribed by the written law in force governing transport accidents.
Service suspension order
56.—(1) Where it appears to the Minister that —(a) there is a serious and imminent risk to travel on a cross‑border railway because of an accident, a malfunction, natural disaster, terrorist act or other exceptional reason; and (b) it is appropriate or requisite, to avoid any actual or imminent occurrence that endangers or threatens to endanger the safety of the public, that an order be made under this section, the Minister may make an order suspending the provision of cross‑border train services on the cross‑border railway (called in this section a service suspension order). (2) A service suspension order must require the licensee to whom it relates (according to the circumstances of the case) —(a) to close the cross-border railway for the carriage of passengers; and (b) to do, or not to do, such other things as are specified in the order or are of a description so specified. (3) A service suspension order —(a) must take effect at such time, being the earliest practicable time, as is determined by or under the order; and (b) may be revoked at any time by the Minister. (4) In determining whether it is appropriate or requisite that a service suspension order be made, the Minister must have regard, in particular, to the views of the bilateral committee and the corresponding rail authority unless it is not practicable to first obtain those views. (5) A service suspension order under this section will cease to have effect at the end of such period (not exceeding 30 days) as is determined by or under the order. (6) However, the cessation of a service suspension order having effect does not prevent a further service suspension order being made by the Minister if the Minister is satisfied that the circumstances warrant it.
Reopening railway after service suspension order
57.—(1) A cross-border railway which has been closed under section 56 must not be reopened when the service suspension order has effect, except with the Minister’s approval. (2) The Minister may refuse approval to reopen a cross‑border railway if there is no satisfactory report by a rail safety inspector about the cross‑border railway. (3) A report by a rail safety inspector is unsatisfactory unless it states that —(a) the rail safety inspector has inspected the cross‑border railway in question, including the railway infrastructure, railway assets and all other equipment to be used for or in connection with the provision of network services and cross‑border train services; and (b) in the rail safety inspector’s opinion —(i) the cross-border railway in question is fit to resume receiving trains and to reopen; and (ii) the reopening of the railway is unlikely to endanger or damage any railway asset or railway infrastructure of the cross‑border railway, or endanger any passenger to be carried on or person lawfully employed or engaged to work on that railway. (4) In deciding whether to give his or her approval under subsection (1) to reopen a cross‑border railway, the Minister must consult the relevant bilateral committee for the railway but is not bound by the opinion of the bilateral committee.
Cross-border railway security agency
58. The Minister may designate a person or body of persons to be the cross‑border railway security agency for the purposes of this Act.
Security directives
59.—(1) The cross-border railway security agency may, by a security directive, require any of the following persons to carry out, within the time delimited by the security directive, such security measures as the cross‑border railway security agency may specify in the security directive:(a) any licensee for a cross‑border railway; (b) the concessionaire for a cross‑border railway; (c) the LTA; (d) any person who is not mentioned in paragraph (a), (b) or (c) but who —(i) operates, maintains or improves, or does any other act (whether or not at a train station) in respect of any railway infrastructure, railway asset, network service or cross‑border train service; or (ii) for the purposes of any business carried on or service provided by the person, has access to the train station of a cross‑border railway or to an area or place within such a train station public access to which is restricted. (2) The cross-border railway security agency may, at any time, vary or rescind a security directive given under subsection (1), and that security directive has effect until it is so varied or rescinded, or rescinded and replaced by another security directive. (3) If —(a) a security directive is given to a person in subsection (1); (b) the security directive is in force; and (c) the person fails to comply or do anything required of the person by the security directive, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. (4) Subsection (3) does not apply if the person has a reasonable excuse, the burden of proof of which lies with the person. (5) Despite subsection (1), a security directive need not be in writing in cases of extreme urgency, in order to respond rapidly —(a) to any specific railway security incident requiring immediate action or additional security measures; or (b) to a change in the nature of an existing general threat of an act of unlawful interference, requiring immediate action or additional security measures, and in such a case, the cross‑border railway security agency may issue a verbal security directive to any person in subsection (1), which must be confirmed in writing as soon as practicable. (6) In this section, “security measure” includes —(a) any measure, equipment or procedure to carry out screening or re‑screening and clearing of —(i) any person boarding a train; or (ii) any baggage or other thing to be carried on a cross‑border train; (b) passenger check-in and boarding procedures, including procedures for dealing with —(i) diplomats and other special passengers, their diplomatic bags and baggage; (ii) passengers with reduced mobility or a medical condition; (iii) passengers in custody and suspicious behaviour in passengers; or (iv) anomalies in passenger reconciliation that may arise during check‑in or boarding; (c) any security measures or procedures to be used within a train station of a cross‑border railway, including measures —(i) to control access at the train stations of a cross‑border railway and maintain the integrity of access control systems; (ii) to deter and detect unauthorised access by people, aircraft, vehicles or things into an area or place within a train station or railway infrastructure of a cross‑border railway public access to which is restricted; (iii) to assess, identify and respond to unknown substances; (iv) to investigate, secure, and remove unattended or suspicious vehicles, baggage and other things; and (v) to ensure the security of passwords, keys and key lists, electronic access cards and other security privileges; (d) any measure to deter unauthorised possession of firearms, weapons and other prohibited items in a train station of a cross‑border railway, any other part of the railway or a cross‑border train, including procedures —(i) for dealing with surrendered firearms, other weapons and prohibited items; and (ii) for handling and movement of firearms and other weapons; (e) any measure or procedure for responding to and investigating railway security incidents and threats and breaches of railway security, including measures and procedures by a concessionaire, the LTA, a licensee or the master of a cross‑border train in Singapore —(i) to hold the train in a particular position or within a particular area until specified actions are taken or until a specified event occurs; (ii) to ensure that the train leaves a particular place or a particular area; or (iii) to ensure that the train arrives and departs at a particular place or within a particular area; (f) any measure or procedure —(i) for reporting railway security incidents or security breaches, including occurrences that threaten the security of any part of a cross‑border railway or any cross‑border train; (ii) for evacuation and emergency management in case of a railway security incident, security threat or breach of security, including a train hijacking, a bomb threat or a failure of critical security equipment; or (iii) for responding to any security directive verbally given under subsection (5), including any procedure to communicate the directive within a train station; (g) any measure or procedure to undertake reasonable searches of —(i) any person boarding a cross-border train; (ii) any thing carried on or to be carried on a cross‑border train; (iii) any cross-border train or class of such train, or any train station or class of stations of a cross‑border railway, or any railway asset used in providing network services or cross‑border train services or class of such railway assets, specified in a security directive; or (iv) any unattended item, substance or vehicle in a train station of a cross‑border railway or in a cross‑border train; (h) any measure to seize any item or substance specified in a security directive if the person given the security directive (or the person’s agent) has reasonable grounds to believe that there is no lawful authority or reasonable excuse for the item or substance to be carried in a cross‑border train; and (i) any measure by the master of a cross‑border train in Singapore and that has not departed a train station —(i) to hold the train in a particular position or within a particular area until specified actions are taken or until a specified event occurs; (ii) to take particular actions, or ensure that particular actions are taken, on or in relation to the train; (iii) to take particular actions, or ensure that particular actions are taken, in relation to a person or thing on, or to be carried by the train; or (iv) to allow any police officer or any other person authorised by the cross‑border railway security agency to inspect the train.
Powers of cross-border railway security agency
60.—(1) For the purposes of ensuring the security of any cross‑border railway in Singapore, the cross‑border railway security agency or a police officer authorised by the cross‑border railway security agency may —(a) enter and inspect —(i) any part of a cross‑border railway or a cross‑border train; (ii) any area, building (other than a residence) or vehicle under the control of a person mentioned in section 59(1)(a) to (d) (called in this section a relevant person); or (iii) if a relevant person operates from a residence or a part of a residence, the residence or the part of the residence from which the person operates; (b) inspect equipment in a place or vehicle mentioned in paragraph (a); (c) observe the operating procedures of a relevant person with a view to railway security; (d) discuss the procedures of a relevant person after observation under paragraph (c) with an employee of another relevant person, or with another such person, with a view to railway security; (e) inspect, photograph or copy a document or record made or kept by a relevant person; (f) operate equipment at a place mentioned in paragraph (a) for the purposes of gaining access to a document or record made or kept by a relevant person; (g) enter and inspect a train at a train station at a cross‑border railway; (h) inspect equipment in the train mentioned in paragraph (g); (i) observe the operating procedures for a cross‑border train (whether carried out by the crew or some other person) with a view to railway security; (j) discuss those procedures mentioned in paragraph (i) with a person carrying them out or with a relevant person; and (k) inspect, photograph or copy a document or record held in the train that relates to a passenger or an item of baggage. (2) The cross-border railway security agency, or a police officer authorised by the cross‑border railway security agency, may exercise a power specified in subsection (1) —(a) if the power is exercised within the boundaries of a train station of a cross‑border railway — at any time and without notice; (b) at any time and without notice, if the power is exercised outside the boundaries of a train station of a cross‑border railway and is a power specified —(i) in subsection (1)(a)(i) or (ii), (c) or (d); (ii) in subsection (1)(e) to the extent that it relates to subsection (1)(a) or (d); or (iii) in subsection (1)(f) to the extent that it relates to subsection (1)(a)(iii); and (c) otherwise — after giving the person concerned reasonable notice. (3) An auxiliary police officer who is authorised in writing by the cross‑border railway security agency may assist the cross‑border railway security agency or a police officer authorised by that agency exercising in Singapore any power under any provision of this Division.
Passenger, etc., searches on railway
61.—(1) Without affecting section 60, for the purposes of ensuring the security of persons on any cross‑border railway in Singapore (whether or not passengers), a railway official may, without giving any reason, ask any individual in —(a) a train station of a cross-border railway; or (b) a cross‑border train at a train station mentioned in paragraph (a), to allow the railway official to inspect and search any baggage or other thing carried by the individual or apparently in the immediate control of the individual; and that individual must permit that baggage or thing to be inspected and searched. (2) Without prejudice to subsection (3), a railway official may require any individual who refuses to permit any baggage or other thing carried by the individual or apparently in the immediate control of the individual to be inspected and searched to leave the train station or train, with that baggage or thing, and that individual must do so within a reasonable time. (3) Any individual who, without reasonable excuse, contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. (4) In this section, “railway official” means any of the following individuals who is authorised by the cross‑border railway security agency in writing to exercise the power to search under this section at or in relation to any train station specified in that written authorisation:(a) any officer of the LTA; (b) a police officer or an auxiliary police officer in uniform; (c) any employee of a licensee; (d) any security officer (within the meaning of the Private Security Industry Act 2007) engaged by a licensee.
Offence of wilfully endangering safety
62. Any person who wilfully does or omits to do anything in relation to any cross‑border railway as a result of which the safety of any individual travelling or being upon the railway is endangered, or is likely to be so endangered, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both.
Damage to railway
63. Any person who wilfully removes, destroys or damages any part of a cross‑border railway shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 12 months or to both.
Obstructing cross-border railway security agency, etc.
64.—(1) A person who refuses to give access to, or obstructs, hinders or delays —(a) the cross-border railway security agency; (b) a police officer authorised by the cross‑border railway security agency to exercise powers under this Part; (c) an auxiliary police officer who is authorised in writing by the cross‑border railway security agency to assist the cross‑border railway security agency or a police officer mentioned in paragraph (b); or (d) a railway official within the meaning of section 61, in the discharge of his or her duties under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. (2) However, it is not an offence under subsection (1) for any person to refuse to comply with any request, demand or order made or given by an out‑of‑uniform police officer or auxiliary police officer who fails to declare his or her office and refuses to produce his or her identification card on demand being made by that person.
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