Regulator welcomes new railway safety law

With the rail safety environment rocked by a high rate of operational occurrences – a 36.17% increase in the 2023-24 reporting period – the Railway Safety Regular (RSR) is welcoming the president’s signing of the Railway Safety Bill into law recently.

RSR spokesperson Madelein Williams said the strengthening of the regulatory framework was a transformative moment for railway safety in South Africa.

It would ensure “consistency with international standards, particularly those in the Southern African Development Community”.

Railway Safety Bill

Seeking to repeal the National Railway Safety Regulator Act of 2002, which was last amended in 2009, the new law:

• Provides for the regulation of railway safety in the country, recognising that safe railway operations are fundamental to the safety of all persons and the environment;
• Provides for the regulation of railway safety and for the continued existence of the Railway Safety Regulator;
• Introduces railway safety permits, a national railway safety information and monitoring system; and
• Recognises that safe railway operations promote the use of rail as an efficient mode of transport and that the effective provision of railway safety demands uniform policy, norms and standards.

ALSO READ: Work begins on rail link between Gauteng and Polokwane

Williams said the law provided a foundation for safer railway operations – “also supporting economic integration and promotes rail as a preferred mode of transport”.

“It creates tools such as railway safety permits and a national safety information system.

“This reinforces the RSR’s mission to oversee and promote safe operations, through enhanced monitoring, enforcement and stakeholder collaboration.

Safe operations

“The significance of the law lies in addressing critical gaps identified in the previous Act.

“These include clarifying the roles of various stakeholders within the rail safety environment, eliminating duplication of powers between the CEO and the board and resolving funding challenges faced by the RSR.

ALSO READ: ‘Have a safe trip again’: Prasa winning vandalism fight with 80% railway lines restored

“It also establishes a framework for licensing safety critical grade employees, introducing a proper appeal mechanism and ensuring independence in occurrence investigations.

“These changes are essential to strengthen rail safety governance and accountability across the sector,” said Williams.

On railway safety challenges, Williams said theft and vandalism, which disrupted operations, accounted for 74% of security-related incidents.

Theft and vandalism

“Furthermore, persistent infrastructure deficiencies, such as poor maintenance, vandalism and procedural irregularities, undermine safety efforts.

“Human factors issues include nonadherence to safety management systems and inadequate training – further complicating the safety landscape.

ALSO READ: Restoring SA’s rails: Can Prasa deliver by 2027?

“The significance of the law lies in addressing critical gaps identified in the previous Act,” said Williams.

The 2023-24 state of safety report revealed “a concerning landscape of operational and security-related incidents”.

“A total of 2 496 operational occurrences were recorded, including 687 collisions and 278 derailments.

Operational and security-related incidents

“Security-related incidents led to 74 fatalities, with theft and vandalism identified as the primary contributors.

“KwaZulu-Natal emerged as a significant hotspot, accounting for 36% of these occurrences – underscoring the urgent need for targeted safety and security interventions in the region.”

ALSO READ: Could local authorities improve SA’s railways? Experts weigh in

Asked how South Africa compared with other countries, Williams said the country’s railway safety standards “have not yet reached those of economies globally”.

“However, harmonisation efforts introduced by the Bill with Southern African Development Community railway standards are critical steps towards closing the gap.

“The adoption of advanced safety methodologies, such as the fatalities weighted injuries metric, show alignment with global best practices.

Safety methodologies

“Yet, significant challenges, including resource constraints and crime, hinder progress compared to international counterparts in Europe and East Asia,” said Williams.

In developing its regulatory framework, “the RSR strives to adapt well-recognised international codes of practice to enhance its oversight mandate.

ALSO READ: Four men sentenced after theft halts services at Transnet’s rail station in Eastern Cape

“We also collaborate with international organisations, focusing on railway safety – fostering knowledge-sharing and aligning its practices with global standards.”