Mass Rapid Transit (Railway Protection, Restricted Activities) Regulations 1994

No. S 204

Mass Rapid Transit Corporation Act

(CHAPTER 172)

Mass Rapid Transit
(Railway Protection, Restricted Activities)
Regulations 1994

In exercise of the powers conferred by section 68 of the Mass Rapid Transit Corporation Act, the Mass Rapid Transit Corporation, with the approval of the Minister for Communications, hereby makes the following Regulations:

Citation and commencement

1. These Regulations are the Mass Rapid Transit (Railway Protection, Restricted Activities) Regulations 1994 and shall come into operation on 29th April 1994.

Definitions

2. In these Regulations, unless the context otherwise requires —

“authorised person” means any officer, employee or agent of the Corporation or of its licensee acting in execution of his duty upon or in connection with the railway;

“contractor” means a person who has entered into a contract for the purpose of carrying out any building operations or works of engineering construction and includes a main contractor and sub-contractor;

“crane” means a machine incorporating an elevated structural member or jib beneath which suspended loads may be moved vertically (whether upwards or downwards) or horizontally or both, either by slewing the machine, derricking the jib or by any other means not solely involving a travelling motion of the crane, and includes a mobile crane and tower crane;

“mobile crane” means a crane mounted on a truck or crawler or on wheels;

“occupier”, in relation to any land, means the person in actual occupation or having the charge, management or control, of the land, either on his own account or as an agent of another person;

“owner”, in relation to any land, means the person for the time being receiving the rent of the land, whether on his own account or as agent or trustee or as receiver, or who would receive the rent if the land, premises or building were let to a tenant;

“railway safety zone” means the land delineated as such in plans and maps prepared by the Corporation pursuant to regulation 4;

“restricted activity” means any activity specified in the Schedule;

“sub-contractor” means a person who has entered into a contract with another contractor for the purpose of carrying out any building operations or works of engineering construction;

“tower crane” means a crane which has a vertical or near-vertical tower designed to be free-standing up to a specified height.

Application

3. These Regulations shall apply only to the lands and areas within the railway safety zone.

Railway safety zone

4.—(1) The Corporation shall from time to time cause plans and maps to be prepared in such detail and with such markings and endorsements thereon as are sufficient to delineate the railway safety zone.

(2) A copy of every plan and map prepared pursuant to paragraph (1) shall be available for inspection by the public free of charge at the office of the Corporation during the hours when that office is normally open to the public.

(3) The Corporation may from time to time —

(a)	amend any plan or map prepared under this rule or any marking or endorsement thereon; or
(b)	replace any plan or map by a substitute plan or map,

and upon having done so, the Corporation shall as soon as possible cause to be likewise amended, or replaced with the substitute plan or map, every copy referred to in paragraph (2) and certify the amendment or substitution in such manner as the Corporation thinks sufficient.

(4) The Corporation shall, within 21 days of having —

(a)	prepared any plan or map under this rule;
(b)	amended any such plan or map or any marking or endorsement thereon; or
(c)	replaced any such plan or map by a substitute plan or map,

cause a notice thereof to be published in the Gazette containing —

(i)	a general description of the plan or map or of the nature and extent of the amendment or substitution, as the case may be; and
(ii)	particulars of the places and times at which a copy of the plan or map, or details of the amendment or a copy of the substitute plan or map may be inspected by the public in conformity with paragraph (2).

No part of crane to encroach within 3 metres from edge of railway

5.—(1) No person shall operate a crane within the railway safety zone in such manner as to cause any part of the crane to encroach within 3 metres on plan from the edge of any part of the railway (whether above the ground or at-grade) that is alongside or within the railway safety zone.

(2) Any person who contravenes or fails to comply with paragraph (1) shall be guilty of an offence.

Power to require information

6.—(1) Where it appears to the Corporation that a restricted activity is being carried out on any land within the railway safety zone, the Corporation may by notice in writing require the owner or occupier of the land or the contractor carrying out the restricted activity to furnish in writing to the Corporation the following information:

(a)	the name and address of the contractor;
(b)	if the contractor is a firm, the name under which it carries on business and the name and address of every partner in the firm;
(c)	if the contractor is a company, the name under which it carries on business and the name and address of every director of the company;
(d)	the name and address of every sub-contractor involved in the building operations or works of engineering construction being carried out on the land;
(e)	the nature of the works being carried out on the land;
(f)	the date on which the works commenced; and
(g)	any other information which the Corporation may require.

(2) Any person to whom the Corporation has made a request for information under this regulation shall, within the time specified in the notice, furnish in writing to the Corporation the information required by the Corporation, failing which he shall be guilty of an offence.

Power to impose terms and conditions for, or to require the stoppage of, restricted activity

7.—(1) Where any restricted activity that is being carried out on any land within the railway safety zone —

(a)	has caused damage, or is, in the opinion of the Corporation, likely to cause damage, to any part of the railway or railway premises; or
(b)	endangers, or is, in the opinion of the Corporation, likely to endanger, the safety of any person travelling or being upon the railway,

the Corporation may by notice in writing require the person carrying out the restricted activity —

(i)	to comply with such terms and conditions as the Corporation may think fit to impose; or
(ii)	to stop carrying out the restricted activity within the time specified in the notice.

(2) Any person who contravenes or fails to comply with a notice issued to him under paragraph (1) shall be guilty of an offence.

Power to order immediate stoppage of restricted activity

8.—(1) Where the Corporation is of the opinion that the carrying out of a restricted activity on any land within the railway safety zone constitutes a serious danger to any part of the railway or railway premises or to any person travelling or being upon the railway, such that it is necessary or expedient that the Corporation should take action to procure the immediate stoppage of the restricted activity, the Corporation or any authorised person may enter upon the land on which the restricted activity is being carried out and order the person carrying out the restricted activity to forthwith stop carrying out the restricted activity.

(2) Any person who contravenes or fails to comply with an order given to him under paragraph (1) shall be guilty of an offence.

Exemption

9. The Corporation may, subject to such terms and conditions as it thinks fit to impose, exempt any person or class of persons or any restricted activity from any of the provisions of these Regulations.

Penalty

10. Any person who is guilty of an offence under these Regulations shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part thereof during which the offence continues after conviction.

Made this 23rd day of April 1994.

WESLEY D’ARANJO

Chairman,
Mass Rapid Transit Corporation,
Singapore.

[TPC 5.01.01/3280; AG/SL/9/91]

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