New Zealand Legislation: Acts

13 Duties in relation to accidents and incidents

• (1) If a driver of a rail vehicle believes that an accident arising directly or indirectly from the operation of the rail vehicle has occurred, the driver of the rail vehicle must—

  • (a) stop the rail vehicle as soon as safely practicable and ascertain whether a person has been harmed; and

  • (b) ensure that all practicable assistance is rendered if a person has been harmed.

  (2) Rail personnel must, as soon as practicable, report any accident or incident to—

  • (a) 1 or more of the following (as the case may require):

    • (i) the relevant rail operator:

    • (ii) the relevant access provider:

    • (iii) the relevant network controller; and

  • (b) the rail participant that engages that rail personnel (if not done so under paragraph (a)).

  (3) The rail operator or access provider concerned must ensure, as soon as practicable, that the Agency, or any other person that the Agency has designated for this purpose,—

  • (a) is notified of any accident or incident; and

  • (b) is provided with the information about the accident or incident that the rules require or that the Agency reasonably requires.

  (4) As soon as practicable after the Agency is notified of any accident or incident, the Agency must,—

  • (a) in the case of an accident, notify the Commission of the accident, and give to the Commission the information about the accident known to the Agency that the Commission reasonably requires:

  • (b) in the case of an incident that the Agency considers that the Commission should investigate, notify the Commission that the Agency has been notified of the incident, and give to the Commission the information about the incident known to the Agency that the Commission reasonably requires.

  Section 13(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 13(3)(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 13(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 13(4)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 13(4)(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).