42 Notification of requirement for improvements

(1)

As soon as practicable, but not later than 20 working days after receipt of a safety assessment report, the Agency must give written notice to the rail participant that the Agency considers that—

(a)

no remedial action by the rail participant is necessary; or

(b)

remedial action by the rail participant is necessary.

(2)

If remedial action is necessary, the Agency must give written notice to the rail participant of—

(a)

the safety area or areas in which remedial action is required; and

(b)

the time limit within which the remedial action must be effected; and

(c)

any interim requirements imposed on the rail participant’s rail activities under subsection (3) until the remedial action is completed; and

(d)

the right of appeal under section 68.

(3)

If a notice under subsection (2) refers to any non-compliance of the kind referred to in section 40(1)(b), the Agency may specify, in that notice, interim requirements that the rail participant must comply with until the non-compliance ceases.

(4)

If a variation to the rail participant’s approved safety case is required by the Agency, the Agency must proceed under section 34.

(5)

Section 27 applies in respect of a decision under subsection (1).

(6)

Nothing in this section prevents the Agency from taking further action that the Agency considers appropriate in the interests of preventing the death of, or serious injury to, individuals, or significant damage to property, including, without limitation, the suspension or revocation of a licence.

Compare: 1989 No 74 s 39K

Section 42(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 42(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 42(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 42(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 42(6): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).