"association"

means an association recognised by the Regulator and includes a railway industry association;

"board"

means the board of directors referred to in section 8;

"dangerous goods"

means the commodities, substances and goods that are capable of posing a significant risk to health and safety of persons or damage to property or the environment that are listed in the appropriate standard specification of the South African Bureau of Standards as identified by the Minister by notice in the Gazette;

[Definition substituted by section 1(a) of Act No. 69 of 2008]

"human factors"

means factors which include the perceptual, physical and mental capabilities of people and the interaction of individuals with their job and working environments, the influence of equipment and system design on human performance, and the organisational characteristics that influence safety-related behaviour at work;

"industry"

means the railway industry and includes operators, suppliers, carriers, contractors and consulting engineers;

"integrity"

means a condition in which individual components of a system and the total system are unified, consistent and fit for purpose;

[Definition inserted by section 1(b) of Act No. 69 of 2008]

"Minister"

means Minister of Transport;

"network"

means a system of railway infrastructure elements comprising track, civil infrastructure, train control and signalling systems and where applicable electric traction infrastructure which constitutes running lines, and any part of the following on which those elements are situated:

[Definition substituted by section 1(c) of Act No. 69 of 2008]

"network operator"

means the person or persons who have the ultimate accountability for one or more of the following:

[Definition substituted by section 1(d) of Act No. 69 of 2008]

"operator"

means a network operator, train operator or station operator or a combination of two or three of them;

"person"

includes an unincorporated body, an organ of state and the Minister;

"persons with disabilities"

means people who have long-term or recurring physical or mental impairments which substantially limit their prospects of using railway transport unaided;

"prescribe"

means prescribe by regulation;

"railway"

means a guided system designed for the movement of rolling stock that has the capability of transporting passengers, freight or both on a track and includes the land, network, rolling stock, plant, machinery, goods and other immovable or movable property of every description or kind used or set aside for use in connection with or for the purpose of a railway operation;

"railway industry association"

means an association recognised by the Regulator in terms of section 7(2)(b);

"railway occurrence"

means a railway accident or railway incident prescribed as such, which could include criminal activity;

"railway operation"

means the activities performed by a network operator, train operator or station operator, or a combination of two or three of them;

"Regulator"

means the Railway Safety Regulator established in terms of section 4;

"rolling stock"

means a vehicle that is able to operate on a railway, irrespective of its capability of independent motion;

"safe railway operation"

means a railway operation in which the risks associated with the railway operation which may impact on the safety of persons and property transported by railway and the safety of other persons, other property and the environment, are as low as is reasonably practicable in the given set of circumstances, and does not include security;

"security"

means freedom from intentional harm or damage to persons or property;

"safety"

means the lack of railway occurrences, fatalities, injuries or damage within railway operations;

"safety management system"

means a formal framework for integrating safety into day-to-day railway operations and includes safety goals and performance targets, risk assessment, responsibilities and authorities, rules and procedures, monitoring and evaluation processes and any other matter prescribed;

"safety management system report"

means a written submission, made by an applicant, in support of a safety permit application that describes the applicant’s safety management system and may include any other matters prescribed;

"safety permit"

means a permit contemplated in Chapter 4;

"station"

means a facility for passengers to enter or leave a train, including a railway passenger terminal and a passenger halt and may include facilities for passenger modal transfer and commercial activities forming part of the station and also includes and any other place that may be prescribed, but excludes that part of the network running through the station;

[Definition substituted by section 1(e) of Act No. 69 of 2008]

"station operator"

means a person in control of a station, and the management of a station; and

"train operator"

means a person or persons who have the ultimate accountability for—

[Definition substituted by section 1(f) of Act No. 69 of 2008]

[Subsection (7) substituted by section 1(g) of Act No. 69 of 2008]