Do road transport and logistics need to comply with Rail Safety National Law (RSNL)?

Comply with Rail Safety National Law (RSNL). The Rail Safety National Law (RSNL) was passed by the South Australian Parliament on 1 May 2012, replacing 46 pieces of State, Territory and Commonwealth legislation, and is applied in the other jurisdictions by their own application Acts (for example the Rail Safety National Law Application Act 2013 (Vic) and the Rail Safety National Law (Tasmania) Act 2012). It is administered by the Office of the National Rail Safety Regulator (ONRSR).

Trigger: Intending to carry out railway operations (managing rail infrastructure or operating rolling stock), or managing a private siding connected to a railway operated by an accredited operator. Major rail projects require accreditation or a variation of accreditation.

Rules Mate runs its applicability engine across 9 business structures and 6 size bands for each of the 35 industries it maps. For 34 of those industries the answer for "Comply with Rail Safety National Law (RSNL)" is no. Road transport & logistics is one of the 1 where the answer is different: only if.

The deciding fact for road transport and logistics: Industry: Road transport & logistics; applies only if you operate rolling stock or rail infrastructure (ONRSR accreditation)

About the industry: Heavy vehicle operators subject to Chain of Responsibility under HVNL.

Compare a professional services (general) business with 6–19 employees structured as a Pty Ltd company: the obligation does not apply (Requires a trigger outside this questionnaire).

Each cell is the engine's outcome for a business in road transport & logistics with that structure and size, assuming it sells to consumers and small businesses and holds customer contact details. "Check" means the obligation turns on a fact the industry does not settle.

When due

Accreditation must be granted before railway operations start; ONRSR must decide an application within six months of receipt. Variations are sought before operations change scope, and the safety management system is implemented and maintained continuously.

Evidence to keep

Notice of accreditation (or registration or exemption) setting out the scope of operations; safety management system identifying hazards, risk controls, competent people, monitoring and change management; health and fitness program for rail safety workers with assessments by authorised health professionals; interoperability management plan where required; asset management records; fees paid under the ONRSR Fees Policy.

Maximum penalty

Railway operations without accreditation, registration or an exemption contravene the RSNL, as does failing to implement and comply with the safety management system (s 101). Maximum penalties are set in the RSNL itself and are not reproduced in this record; ONRSR can also grant accreditation with conditions

Regulator

ONRSR

Jurisdiction

Commonwealth (national)

• Comply with Heavy Vehicle Chain of Responsibility (CoR): Yes
• NGER reporting (Clean Energy Regulator): Only if
• Safeguard Mechanism baseline decline 4.9% pa: Only if
• Comply with state vehicle standards + registration: Yes
• Claim Fuel Tax Credits (FTC) for eligible business fuel use: Only if