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National Railway Safety Regulator Act, 2002 (Act No. 16 of 2002)

Regulations

Regulations regarding Infrastructure or Activity affecting Safe Railway Operations, 2020

6. Minimum measures to prevent encroachment

 

(1) A network operator or station operator, as the case may be, must—
(a) ensure that the railway reserve is fenced or walled as contemplated in regulation 4;
(b) take reasonable measures to prevent encroachment of the railway reserve;
(c) make provision for crossing facilities to enable persons to cross the railway reserve;
(d) erect signs along the fence or wall notifying any person who intends to enter the railway reserve without authorisation about the restricted nature of the railway reserve, as well as the fact that unauthorised entry constitutes an offence;
(e) where possible, deploy security personnel or electronic devices to monitor the perimeter of the railway reserve fence or wall;
(f) ensure that the perimeter fence or wall in built-up areas and urban areas is monitored regularly to prevent encroachment; and
(g) in addition to any other measures, where a railway line, motor vehicles and people or any of the two or more intersect, erect visible written regulatory and advance warning signs, warning the public, motorist or railway users about the dangers of crossing the railway line.

 

(2) As soon as the operator becomes aware of an encroachment leading to the occupation of a railway reserve by an unauthorised person, the operator must, in addition to any other action required in terms of these Regulations or the Act, ensure the removal of such prohibited encroachment.