CHAPTER 453 - RAILWAYS ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Zambia Railways (Breath Test Device) Regulations

Zambia Railways (Compensation) Rules

Railways (Inquiries into Accidents) Regulations

Railways By-laws

Railways (Railway Permits) Regulations

Zambia Railways (Handling and Transportation of Explosives and other Dangerous Goods) Regulations

RAILWAYS (BREATH TEST DEVICE) REGULATIONS

[Section 91]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Approval of device for breath test

      SCHEDULE

SI 7 of 1972.

[Regulations by the Minister]

1.   Title

These Regulations may be cited as the Zambia Railways (Breath Test Device) Regulations.

2.   Approval of device for breath test

For the purpose of obtaining an indication of the proportion of alcohol in a person’s blood on a specimen of breath provided by that person, the use of the device set out in the Schedule is hereby approved.

SCHEDULE

[Regulation 2]

Alcotest (R) 80 Breath Test Device, manufactured by Dreager Normalair Ltd., Blyth, Northumberland, England.

RAILWAYS (COMPENSATION) RULES

[Section 18]

Arrangement of Rules

   Rule

   1.   Title

   2.   Petition

   3.   Particulars of petition

   4.   Copy of petition to be served on Board

   5.   Date for hearing

   6.   Applicant may adduce evidence

   7.   Board may adduce evidence

   8.   Board may file answer to petition

   9.   Evidence by affidavit

   10.   Adjournment

SI 385 of 1968.

[Rules by the Chief Justice]

1.   Title

These Rules may be cited as the Zambia Railways (Compensation) Rules.

2.   Petition

An application under section 18 of the Act shall be made by petition in writing filed in the Registry of the High Court.

3.   Particulars of petition

The petition shall be in numbered paragraphs and shall set out the name and address of the petitioner, the circumstances of the matter and the relief sought.

4.   Copy of petition to be served on Board

The applicant shall serve or cause to be served a copy of the petition on the company.

5.   Date for hearing

The High Court shall fix a date for hearing not being less than fourteen days from the date of filing and shall notify the applicant and the company.

6.   Applicant may adduce evidence

The applicant may appear in person or by a legal practitioner and may adduce evidence.

7.   Board may adduce evidence

The company may appear by a legal practitioner and may adduce evidence.

8.   Board may file answer to petition

The company may file an answer to the petition not later than two days before the date of hearing and in such case shall serve a copy of the answer on the petitioner on or before the date of hearing.

9.   Evidence by affidavit

The High Court may in its discretion receive evidence by affidavit in addition to or in substitution for oral evidence.

10.   Adjournment

The High Court may adjourn the hearing from time to time.

RAILWAYS (INQUIRIES INTO ACCIDENTS) REGULATIONS

[Section 41]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Interpretation

   3.   Boards of inquiry

   4.   Sittings of boards of inquiry

   5.   Legal representation of persons implicated

   6.   Legal representation of Government

   7.   Regulation of proceedings

   8.   Powers of boards of inquiry

   9.   Offences and penalties

Act 13 of 1994,

SI 305 of 1967.

[Regulations by the Minister]

1.   Title

These Regulations may be cited as the Railways (Inquiries into Accidents) Regulations.

2.   Interpretation

In these Regulations, unless the context otherwise requires—

“Inspector” means a railway inspector or any person appointed by the Minister for the purposes of section 41 of the Act.

3.   Boards of inquiry

Whenever, under section 41 of the Act, the Minister orders an inquiry to be held into the circumstances of any accident referred to in section 40 of the Act, he may appoint an inspector, and every such inquiry shall be conducted by the inspector in accordance with the provisions of these Regulations.

4.   Sittings of boards of inquiry

Unless the Minister otherwise orders, the inspector or person appointed shall sit at such times and at such places as he may fix and he shall hold his inquiry in public:

Provided that the inspector or the person appointed shall be entitled to exclude the representatives of the press or any or all other persons if he considers it necessary to do so for the preservation of order or for the due conduct of the inquiry.

5.   Legal representation of persons implicated

Any person who is in any way implicated or concerned in any matter under inquiry by the inspector or person appointed shall be entitled to be represented by a legal practitioner at the whole of such inquiry, and any other person who may desire to be so represented may, by leave of the inspector or person appointed, be represented in the manner aforesaid.

6.   Legal representation of Government

The Government shall be entitled to be represented at any inquiry by the Attorney-General or such person as he may nominate in that behalf.

7.   Regulation of proceedings

The inspector or person appointed, in the discharge of any of his functions, shall not be bound by the rules of evidence or by the rules of procedure of any court or tribunal, but may conduct his proceedings in such manner as he may think proper and admit any evidence, written or oral, whether or not such evidence would be admissible in civil or criminal proceedings.

8.   Powers of boards of inquiry

The inspector or person appointed may—

      (a)   enter upon and inspect any land, building or place, and examine and make inquiry respecting the state and condition of any building, works, machinery, locomotive, rolling stock or other thing used, or intended for use, for or in connection with the carriage of passengers or goods by rail, where such entry, inspection, examination or inquiry appears to the board requisite or expedient for the purposes of its inquiry;

      (b)   require the attendance of any person, at such time and place as the inspector or person appointed may specify, to give evidence before him or to produce to him such books, plans or other documents as he may require for the purposes of the inquiry, and examine and make inquiry respecting any such books, plans or other documents;

      (c)   examine witnesses on oath, or affirmation, administered by the inquirer.

9.   Offences and penalties

If any person who is required by an inquirer to attend before the inquirer as a witness or to produce any book, plan or other documents—

      (a)   fails, without reasonable cause or excuse, to attend at the time and place specified by the inquirer

      (b)   refuses to be sworn or, having been sworn, refuses without sufficient cause, to answer or to answer fully and satisfactorily to the best of his knowledge and belief all questions put to him by the inquirer.

      (c)   refuses or omits, without sufficient cause, to produce any books, plans or documents in his possession or under his control;

he shall be guilty of an offence and liable upon conviction to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding six months, or to both.

[Am by Act 13 of 1994.]

RAILWAYS BY-LAWS

[Section 89(4)]

Arrangement of By-Laws

   By-Law

   1.   Title

   2.   Application

   3.   Interpretation

   4.   Penalties

   5.   Loading, etc., of explosives

   6.   Marking, etc., of explosives

   7.   Smoking and lighting fires

   8.   Conveyance of explosives in train

   9.   Opening of packages of explosives

   10.   Travelling in trucks containing explosives

   11.   Goods deemed to be of a dangerous nature

   12.   Smoking and gambling

   13.   Damaging railway property

   14.   Travelling on roof, steps, etc.

   15.   Entering and leaving carriages

   16.   Conveyance of dogs, etc.

   17.   Vehicles on railway premises

   18.   Travelling with infectious or contagious disorder

   19.   Using unauthorised entrance to station

   20.   Accommodation for passengers

   21.   Conditions of carriage

   22.   Alighting from moving train or boarding moving train

   23.   Driving vehicle on platform

   24.   Shining of lights likely to confuse

   25.   Misuse of facilities for communication between passengers and railway officers

   26.   Hawking or peddling

[By-laws made under Section 3 of the Regulation of Railways Act, Chapter 755 of the Revised Edition, approved by the Minister and continued in force by virtue of Section 105(3) of the Cap. 361 Railways Act 1982]

Act 13 of 1994,

GN 189 of 1933,

GN 125 of 1935,

GN 70 of 1937,

GN 9 of 1939,

GN 172 of 1939,

GN 222 of 1941,

GN 11 of 1944,

GN 116 of 1944,

GN 264 of 1945,

GN 42 of 1946,

GN 234 of 1947,

GN 278 of 1947,

GN 104 of 1948,

GN 52 of 1949,

GN 93 of 1949,

GN 190 of 1949,

GN 124 of 1953,

GN 329 of 1956,

GN 34 of 1957,

GN 69 of 1958,

GN 279 of 1958,

GN 288 of 1959,

GN 145 of 1960,

GN 314 of 1961,

GN 104 of 1962,

GN 318 of 1962,

GN 319 of 1962,

GN 118 of 1963.

GN 497 of 1964,

SI 7 of 1966.

1.   Title

These By-laws may be cited as the Railways By-Laws.

2.   Application

These By-laws shall apply to all lines of railway in Zambia owned or operated by the Zambia Railways.

[Am by GN 70 of 1937.]

3.   Interpretation

In these By-laws, unless the context otherwise requires—

“dangerous goods” mean any of the following goods—

Acetone.

Acetone oils.

Ketone oils.

Benzole (from coal tar).

Naphtha, coal tar.

Toluol.

Xylol.

Naphtha, mineral, specific gravity not below 0.680.

Petroleum, specific gravity not below 0.680.

Benzine

Benzoline

}

Carburine

Motor car spirit

From petroleum specific gravity not below 0.680.

Petrol

Enamel anti-fouling composition

Benzine collas.

Collodion.

Xylonite solution.

Polishes, liquid, prestoline, shoe cement, and other articles partly composed of naphtha or other highly inflammable liquids.

Ether (sulphuric).

Ether chloride.

Gasoline.

Petroleum, ether or spirit.

Methylated spirit, exceeding 5 gallons.

Spirit of wine, exceeding 5 gallons.

Spirit varnish (made exclusively of wood or methylated spirit), exceeding 5 gallons.

Bisulphide of carbon.

Ammonia, solution of, specific gravity 0.880 to 0.891 (liquid ammoniae fortis), exceeding 10 gallons.

Sweet spirit of nitre, exceeding 5 gallons.

Wood spirit (vegetable or wood naphtha), exceeding 5 gallons.

Bromine.

Chloride of sulphur.

Hydrofluoric acid or fluoric acid.

Hydrochloric acid (also called muriatic acid or spirits of salts), exceeding 10 gallons.

Nitric acid or aqua fortis.

Oil of vitriol or sulphuric acid, except accumulator sulphuric acid not exceeding 1.215 specific gravity.

Sodium amalgam.

Sulphuric anhydride or sulphuric acid crystals.

Picric acid, except in bottles properly packed.

Phosphorus, except amorphous.

Calcium carbide or carbide of calcium, exceeding 10 lb.

Compressed atmospheric air

}

In cyclinders

Compressed oxygen

Compressed or liquefied carbonic acid gas (carbon dioxide)

Compressed coal gas

Compressed hydrogen

Liquefied anhydrous ammonia or compressed ammonia gas

Liquefied or compressed nitrous oxide

Liquefied or compressed sulphurous acid gas (sulphur dioxide)

Liquefied oil gas

Blougas

Supropane

Acetylene compressed into porous substances

Potassium cyanide.

Sheep and cattle dip.

Arsenite of soda.

Arsenic compounds.

Orthonitrotoluene.

Mirbane oil.

Tertiary amyl alcohol.

Paint thinners.

Insecticides having a flash point below 1501/4 F.

(Abel Test.)

Sodium cyanide.

Fuse lighters (fuse igniters or torches).

Nitro benzine.

Methyl acetone.

Amyl acetate.

Butyl acetate.

Methyl alcohol.

Butyl alcohol.

Amyl alcohol.

Diacetone alcohol.

Neosolve.

Ethyl alcohol.

Aeroplane dope.

Commercial toluol.

Trichloropropane.

Allyl chloride.

Allyl alcohol.

Methyl isobutyl ketone.

Epichlorohydrin.

Nitrate of ammonia.

Ethyl acetate.

Methyl bromide.

Antiblu.

Barium carbonate.

Hixonol P.

Hixonol W.

Tanalith C.

Triolith C.

Triolith Z.

Liquefied sodium hydroxide (caustic soda).

Radio-active substances.

Sodium hydroxide (caustic soda) in all its forms,but excluding solid sodium hydroxide when packed in sealed steel drums.

Hygeia dissolvent.

“Elkol” flake chemical.

Copper pentachlorophenate.

Dowicide.

Permatox.

Sodium pentachlorophenate.

Termaseal.

Woodlife anti-stain powder.

Barium chloride.

Isopropyl alcohol.

Isopropyl ether.

Isopropyl nitrate.

Butane;

“explosives” mean any of the following—

      (a)   gunpowder, nitro-glycerine, dynamite, gun-cotton, blasting powders, fulminate of mercury, or other metals, coloured fires, and every other substance, whether similar to those herein mentioned or not, which is used or manufactured with a view to produce a practical effect by explosion or a pyrotechnic effect;

      (b)   any fuse, rocket, detonator, cartridge, and every adaptation and preparation of an explosive as herein defined;

      (c)   any other substance which the President may from time to time, by statutory notice, declare to be an explosive;

“railway officer” includes any person in the employ of the railways;

“railway premises” include any railway station and its approaches, shed, yard, building or land owned or occupied by the railways;

“railways” mean the lines of railway specified in by-law 2;

“safety cartridge” means a cartridge for small arms, the case of which can be extracted from the small arm after firing, and which is so closed as to prevent any explosion in one cartridge being communicated to another cartridge.

[Am by GN 125 of 1935; 70 of 1937; 9 of 1939; 172 of 1939; 222 of 1941; 11 of 1944; 116 of 1944; 264 of 1945; 42 of 1946; 234 of 1947; 278 of 1947; 104 of 1948; 52 of 1949; 190 of 1949; 124 of 1953; 34 of 1957; 69 of 1958; 279 of 1958; 288 of 1959; 145 of 1960; 104 of 1962; 118 of 1963; SI 7 of 1966.]

4.   Penalties

   (1) Any person who contravenes any of the provisions of by-laws 5 to 10, inclusive, shall be liable, on conviction, to a fine not exceeding six hundred penalty units and, in default of payment, to imprisonment with or without hard labour for a period not exceeding three months.

   (2) Any person who contravenes any of the provisions of by-law 13 shall be liable, on conviction, to a fine not exceeding three hundred penalty units and, in default of payment, to imprisonment with or without hard labour for a period not exceeding one month.

   (3) Any person who contravenes any of the provisions of by-laws 12, and 14 to 19, inclusive, shall be liable, on conviction, to a fine not exceeding sixty penalty units and, in default of payment, to imprisonment with or without hard labour for a period not exceeding seven days.

[Am by GN 318 of 1962; Act 13 of 1994.]

5.   Loading, etc., of explosives

   (1) No explosives or other dangerous goods shall be brought on to any railway premises, or be there loaded or unloaded, except between the hours of sunrise and sunset, and then only by permission of the stationmaster or officer in charge of the station at which it is proposed such goods shall be accepted, loaded or unloaded:

Provided that, where absolutely necessary, this by-law shall not prevent the removal at a station of a consignment of explosives between the hours of sunset and sunrise from a truck duly labelled and conveying explosives to a further point. Such consignment shall at the forwarding station be placed close to the doors of such truck, so as readily to admit of unloading and to obviate the necessity of any person entering the truck with a hand-lamp in search of the packages.

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