This legislation has been repealed.
(1) A rolling stock operator must ensure that each train for which the person is responsible is, at all times when the train is on the NSW rail network, fitted with a radio communications system that complies with this clause and a back up means of communication to be used if the radio communications system fails.Maximum penalty: 100 penalty units.
(2) A rail infrastructure manager must ensure that a rolling stock operator of rolling stock operated on any part of the NSW rail network vested in or owned, managed or controlled by the rail infrastructure manager complies with subclause (1).Maximum penalty: 100 penalty units.
(3) A radio communications system for a train must:(a) enable the driver of the train to verbally communicate with any network control officer responsible for the area in which the train is operating, and(b) be working at all times when the train is being operated, and(c) be capable of receiving and transmitting emergency calls, and(d) be fitted with an emergency button that enables an emergency call from the train to be given priority over all other calls and that enables direct communication between the train and the network control officer responsible for the area in which the train is operating, and(e) be capable of transmitting an emergency communication in a form that will allow any network control officer responsible for the area in which the train is operating to transmit the communication to other trains in that area.
(4) A rail transport operator is taken to comply with subclause (2) if the radio communications system fails but the back up means of communication is operational.
(5) The ITSRR may, by notice in writing to one or more rail transport operators, exempt from the operation of this clause a particular train or class of trains.
(6) A notice under subclause (5) takes effect from the day specified in the notice, or if no day is specified, on the day it is given to the rail transport operator concerned.
(7) A notice under subclause (5) has effect according to its tenor.