TEMPLATE
INTERFACE Agreement
PUBLIC RAIL AND ROAD CROSSING
BETWEEN
[RAIL INFRASTRUCTURE MANAGER(S)]
-AND-
[ROAD MANAGER(S)]
(Drafting notes have been included in this template document for information and to assist with the finalisation of the document by the relevant Parties. The drafting notes should be deleted as the highlighted matters are resolved.
This template has been prepared to be used as a guide. Parties using this template may alter any part of the document as agreed by the Parties. Use of this template in an unmodified form is not required by law.)
INDEX
1. BACKGROUND 4
2. DEFINITIONS 6
3. INTERPRETATION 9
4. TERM AND REVIEW OF THIS AGREEMENT 10
5. SCOPE OF THIS AGREEMENT 11
6. GENERAL RESPONSIBILITIES OF EACH MANAGER 12
7. IDENTIFICATION, ASSESSMENT AND MANAGEMENT OF RISK 16
8. MONITORING AND REVIEW OF RISK 18
9. STANDARDS, COMPLIANCE AND AUDITING 19
10. COMMUNICATIONS AND MEETINGS 20
11. DISPUTE RESOLUTION 21
12. DISTRIBUTION OF AGREEMENT 22
13. EXECUTION CLAUSE 23
SCHEDULE 1 – RELATED DOCUMENTATION 24
SCHEDULE 2 – REGISTER OF RAIL OR ROAD CROSSINGS (INTERFACES) COVERED BY THIS AGREEMENT 26
SCHEDULE 3 – STATEMENT OF GENERAL MAINTENANCE RESPONSIBILITIES AT RAIL OR ROAD CROSSING INTERFACES 27
SCHEDULE 4 – INTERFACE SPECIFIC INFORMATION 30
SCHEDULE 5 – COMMUNICATIONS AND CONTACT LIST 31
Emergency contact details 32
SCHEDULE 6 – LIST OF INTERFACE AGREEMENTS SUPERSEDED BY THIS AGREEMENT 33
INTERFACE AGREEMENT
This Agreement is made on the …………. day of ……………………………
BETWEEN:
(Note: Insert name, ACN/ABN and registered address of Rail Infrastructure Manager)
And
(Note: Insert name, ACN/ABN and registered address of Rail Infrastructure Manager)
And
(Note: Insert name, ACN/ABN and registered address of Road Manager)
And
(Note: Insert name, ACN/ABN and registered address of Road Manager)
1. BACKGROUND
The rail safety legislation obliges Rail Infrastructure Managers and Road Managers: to identify and assess, so far as is reasonably practical, risks to safety that may arise from railway operations carried out on rail infrastructure because, or partly because, the existence or use of any Rail or Road Crossing that is part of the road infrastructure of a road; to determine measures to manage, so far as is reasonably practical, those risks; and for the purpose of managing those risks, seek to enter into an Interface Agreement.
This Interface Agreement document establishes the roles, responsibilities and standards to be applied between the Rail Infrastructure Manager and the Road Manager for coordinating the management of safety of the interfaces between rail and road infrastructure managed by each Party.
The Parties shall agree the following purposes of this document are to:
· provide for the assessment and management of risks to safety associated with the interfaces identified in this Agreement;
· provide for the definition and description of each interface to which this Agreement applies and documentation of the respective responsibilities of the Parties and third parties;
· establish procedures for monitoring compliance with this Agreement;
· provide a framework for agreed processes for management of interfaces, including:
o application of legislation and nationally accepted standards;
o management of lifecycle responsibilities;
o development and maintenance of workplace safety procedures and instructions;
o information exchange between the Parties;
o audit, inspection and monitoring procedures;
o development and maintenance of emergency management procedures;
o processes for the assessment and mitigation of risks; and
o review procedure;
· provide guidance for managing financial arrangements between the Parties in relation to the management of interfaces and the Agreement;
· establish communication procedures;
· establish procedures for dispute resolution.
The Parties:
[Insert name of Rail Infrastructure Manager] and provide a brief description of the organisation and operations:
And
[Insert name of Road Manager] and provide a brief description of the organisation and operations:
enter into this agreement in order to comply with the rail safety legislation.
IT IS AGREED:
2. DEFINITIONS
ALCAM means the Australian Level Crossing Assessment model used to assess and identify potential risks at Level Crossings.
Footpath means an area open to the public that is designed for, or one of its main uses is, use by pedestrians.
Interface means where the Rail Infrastructure Manager’s rail network and Road Manager’s maintained road network intersect at a Rail or Road Crossing. (Note: Refer to definition of “Rail or Road Crossing”, “Level Crossing”, “Railway Crossing”, “Footpath” and “Pedestrian Crossing”.)
Interface Boundary means the point where responsibility changes from one party to another. For this Interface Agreement, the boundaries for each interface are to be described (and agreed to by the Parties) in Schedule 2 of this Agreement. (Note: Refer to drafting note at end of this section.)
Interface Agreement means an agreement about managing risks to safety identified and assessed under the Rail Safety National Law.
Level Crossing means an area where a road and a railway meet at substantially the same level, whether or not there is a level crossing sign on the road at all or any of the entrances to the area.
Pedestrian Crossing means a footpath or other structure designed for the use of pedestrians to cross over a railway.
Rail Infrastructure means the facilities that are necessary to enable a railway to operate safely and includes, but is not limited to —
(a) railway tracks and associated track structures;
(b) service roads, signalling systems, communications systems, rolling stock control systems and data management systems;
(c) notices and signs;
(d) electrical power supply and electric traction systems;
(e) associated buildings, workshops, depots and yards;
(f) plant, machinery and equipment, but does not include—
(g) rolling stock; or
(h) any facility, or facility of a class, that is prescribed by the regulations not to be rail infrastructure.
Rail Infrastructure Manager, in relation to rail infrastructure of a railway, means the person who has effective management and control of the rail infrastructure, whether or not the person —
(a) owns the rail infrastructure; or
(b) has a statutory or contractual right to use the rail infrastructure or to control, or provide, access to it.
Rail or Road Crossing includes a railway crossing, a bridge carrying a road over a railway and a bridge carrying a railway over a road.
Railway Crossing means a level crossing; or any area where a footpath or shared path crosses a railway or tram tracks at substantially the same level.
Railway Danger Zone means all space within 3 metres horizontally from the nearest rail and any distance above or below this 3 metres.
Road means a road within the meaning of the Road Traffic Act 1961 – that is, means an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving of motor vehicles; the Highways Act 1926 further defines a road as meaning any street, road, thoroughfare, terrace, court, lane, alley, cul-de-sac, or place commonly used by the public, or to which the public are permitted to have access, and includes a part of a road.
Road Infrastructure has the same meaning as in the Road Traffic Act 1961 that is —
(a) a road, including its surface or pavement; and
(b) anything under or supporting a road or its surface or pavement and maintained by a road authority; and
(c) any bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of a road system or supporting a road; and
(d) any bridge or other work or structure located above, in or on a road and maintained by a road authority; and
(e) any traffic control devices, railway or tramway equipment, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything referred to in paragraphs (a)-(d); and
(f) anything declared by the regulations to be included in this definition.
Road Manager means an authority, person or body responsible for the care, control or management of the road.
(Drafting notes:
Other definitions as required between Parties should be included here.
Various definitions exist in respect to the interface boundary depending on the location of the interface and legislative responsibilities. Examples are:
· Department of Planning, Transport and Infrastructure (DPTI) Operational Instruction 20.1 – Care, Control and Management of Roads (Highways) by the Commissioner of Highways – Section 26 of the Highways Act – Pavement – Railway Crossings. The Commissioner will maintain the pavement to within 1.0 metre of the outer rails at a railway crossing. Maintenance of the pavement at the crossing between these limits is the responsibility of the rail authority.
· Australian Rail Track Corporation – Identify Features of the Rail Corridor and Rail Safety – Rail Corridor means from fence line to fence line. If there are no fences the Rail Corridor is assumed to be everywhere within 15 metres of the centre of the outside of the tracks.
For the purposes of the Interface Agreement, it is important that both Parties agree on the interface boundary for each interface and the responsibilities that each Party has in respect to each interface.)
3. INTERPRETATION
3.1 Unless otherwise defined, the interpretation of all words in this Agreement is taken to be the definition used in the relevant legislation or Australian Standard.
3.2 This Agreement incorporates the attached:
· Schedule 1, Related Documentation.
· Schedule 2, Register of Rail or Road Crossings (Interfaces) covered by this Agreement.
· Schedule 3, Statement of General Maintenance Responsibilities at Road and Rail Interfaces.
· Schedule 4, Interface Specific Information – Identification, Assessment and Management of Risk.
· Schedule 5, Communications – Contact List.
· Schedule 6, List of Interface Agreements superseded by this Agreement.
3.3 This Agreement is to be read in conjunction with the documents listed in Schedule 1.
3.4 In this Agreement, unless the context requires otherwise:
· The singular includes the plural and vice versa;
· Words importing any gender include the other genders;
· All headings, bold typing and italics have been inserted for convenience or reference only and do not define, limit or affect the meaning or interpretation of this agreement;
· Reference to a natural person includes any company, partnership, joint venture, association or corporation of other body corporate or any government authority and, in each and every case, includes a reference to a person’s executors, administrators, successors, substitutes and assigns;
· A reference to legislation includes a reference to legislation repealing, replacing or amending that legislation; and legislation subordinate to that legislation.
4. TERM AND REVIEW OF THIS AGREEMENT
4.1 This Agreement shall come into effect when signed by the Parties and continues until terminated by a Party.
4.2 Any amendment, reform or rescission of current applicable legislation, regulations or policies that may change or impact on the obligations contained in this Agreement, shall trigger an automatic review of this document. The Parties shall be responsible for ensuring they inform themselves of any updates in relation to legislative change.
4.3 The Parties shall agree to undertake a review of this Agreement within the first two (2) years of this Agreement and then at least every five (5) years after that, at a date mutually agreed by them for the purpose of reviewing the content of this Agreement and applicability to the scope and goals of the Parties.
(Drafting note: These review periods can be varied by the Parties.)
4.4 At any time, either Party may initiate a review of this Agreement for any purpose, with a reasonable notice period given to the other Party, at a mutually agreed time and place.
4.5 A Party may terminate this agreement by giving the other Party no less than three months written notice.
4.6 If this Agreement is terminated, the Parties agree to negotiate in good faith to enter into a replacement Interface Agreement if required prior to the expiry date of this Agreement.
4.7 Termination of this Agreement while there remains operational rail or road crossings places the Parties in potential conflict with the requirements of rail safety law.
A replacement Interface Agreement is not required to be entered into if:
· a rail or road crossing is permanently closed;
· a pedestrian crossing is permanently closed;
· an asset described in Schedule 2 is decommissioned;
· a railway line is permanently closed.
5. SCOPE OF THIS AGREEMENT
5.1 This Agreement applies to the rail or road crossings described in Schedule 2. The responsibility for the infrastructure assets described in Schedule 2 is set out in Schedule 2.
(Drafting note: The assets to be identified in the schedule include:
· public railway level crossings
· pedestrian crossings
· bridges (road over rail and/or rail over road, pedestrian footbridges and subways)
· tunnels (rail under road tunnel and/or road under rail tunnel)
· parallel running of a railway track and a roadway where there is a need for joint management)
5.2 The parties agree that each interface shall be uniquely identified.
5.3 The Parties may amend the schedules to this Agreement at any time by written agreement.
5.4 This Agreement does not supersede any previous agreement between the Parties in relation to rail or road crossing safety risk management, unless the Parties record in Schedule 6 the details of any previous arrangements that are superseded by this Agreement.
5.5 Each Party will record this Agreement in that Party’s register of Interface Agreements.
5.6 This Agreement does not affect or derogate from the Parties rights and obligations under the Civil Liability Act 1936 or their functions and powers under any other Act.
5.7 The Parties acknowledge and agree that:
· it is not within the scope of this Agreement to detail processes covering the identification of individual treatment(s) that may be required for a given interface, but rather to outline responsibilities to develop and carry out such processes;
· it is within the scope of this Agreement to document the outcomes of the treatment identification process so as to ensure common understanding of the selected treatments and other actions in relation to a given interface; and