Working rules of the committee for adjudicating violations of railway transport law and its regulations

Preamble:

  • These rules were issued based on the decision of the Board of Directors of the Transport General Authority No. (2/2020/8/74) dated 14/1/1442 AH, and amended based on the decision of the Board of Directors No. (2/2021/11/99) dated 21/9/1442 AH, in accordance with the text of Article Thirty-Three, Paragraph (4) of the Railway Transport System issued by Royal Decree No. (M/33) dated 24/5/1433 AH and amended by Royal Decree No. (M/35) dated 11/4/1442 AH.
    The purpose of these rules is to organize the work of the Committee for Reviewing Violations of the Railway Transport System and its regulations by defining its framework and governance in line with the Railway Transport System and its regulations. These rules specify the method by which the Committee undertakes its tasks and responsibilities, as well as its working methodology.

Article one

Article Two: Committee Membership

Article Three : Committee Sessions

  • 1- Committee sessions shall be according to the following:

    • The sessions shall be held in the designated place in the Authority’s headquarter, and it may hold its sessions outside it whenever needed. Moreover, the committee may hold its sessions and take decisions by electronic means.

    • The sessions must be private and attended by the members only, those who are not members may attend after getting a consent from the committee and with a prior notice to its secretariat

    • The session shall not be held except with the attendance of the majority of its members, provided that among them is the committee chairperson or his deputy

    • The decisions of the committee shall be issued by the majority of attendees, and in the event of a tie, the vote of the session chairperson prevails

    • As can be seen by the committee chairperson, a member can participate in the meeting by visual communication

    • A member can choose another member from the committee to represent him and vote on his behalf, and this will constitute a quorum, and must be written in the committee’s minutes, provided that no member represents more than one member.

  • 2- The committee shall hold its sessions when needed to consider the violations and complaints registered therewith or as estimated by the committee chairperson

  • 3- The proceedings and decisions of the session must be kept in the related minutes record, stating the date and time of the session and the attendance

  • 4- The committee may seek the assistance of whomever it deems appropriate and experienced from the Authority or others, and it may invite him to attend with no right to vote.

Article four : duties of the committee

  1. The committee shall be responsible for the following:

  • 1- Adjudicating violations of the provisions of the Law and the Regulations and imposing the penalties stipulated in Article (29) of the Law.

  • 2- Decide on violations that require urgent procedures, according to Article (31) of the Law.

  • 3- Adjudicating complaints and provide appropriate solutions

  • 1- The committee shall, according to its discretion, refer any violation or complaint involving an act or procedure punishable by another law to the competent authority to take the necessary legal action

Article five: Chairperson Responsibilities

The Committee Chairperson undertakes the following tasks:

  1. Managing committee sessions in a manner that achieves the purpose of its establishment

  2. Addressing the Authority and other outer concerned authorities regarding the issues presented to the committee and requesting the necessary documents or clarifications regarding them

  3. Addressing the Board on any obstacles hindering the work of the committee and the requirements necessary to overcome them, in addition to any other requests of an administrative nature to facilitate its work

Article Six: Secretariat of the committee

  1. A secretariat is formed in the Authority by a decision of the President to support it in administrative work, providing the necessary technical support to it, linking technically to the Committee Chairperson

  2. The secretariat must be managed by a secretary assigned by a decision from the President, and the President also determines a substitute for him if the position becomes vacant

Article Seven: Secretariat Tasks

  • The task of the secretariat is to support the committee in its duties and responsibilities, and for this purpose it has the right to do the following:

  1. Make the necessary arrangements for the committee's sessions

  2. Record the minutes, deliberations and decisions of the committee's sessions

  3. Preparing to adjudicate the violations and complaints that will be presented to the committee according to what the committee chairperson decides in this regard

  4. Follow up on the responses of the parties to the violation or complaint

  5. Review the regulations and notes for violations and complaints referred to the committee to ensure that the necessary documents and information are complete, and if there is a lack of information or data to be provided, the submitter of the complaint shall be informed within (10) ten days from the date of receiving the list of contravention or complaint to complete it

  6. Receive letters addressed to the committee, submitting them to it, keeping them in the related register

  7. Keep the committee’s decisions in records prepared for this purpose, and coordinate with the Authority regarding their publication

  8. Prepare reports on the work progress of the committee

  9. The committee’s decisions are notified to the authority and everyone concerned within five working days from the date of the decision

  10. Coordinate with the authority regarding the work of the committee

  11. Any other tasks assigned to it by the committee

Article Eight: Conflict of interests

  • A member of the committee may not participate in the adjudication of the violation or complaint submitted to the committee if he has a relationship of kinship (up to the fourth degree) or an interest of any kind or an ongoing dispute with the violator or one of the parties of the complaint. In this case, the member shall inform the committee about the conflict of interest case to exclude him from the participation.

Article Nine: Submitting violations and complaints with the committee

  1. Submitting violations or complaints to the committee shall be as follows:

  1. The Authority shall refer to the committee the seized violations using the form prepared for this and keep them with the secretariat, indicating the details of that violation and the investigations it has conducted to prove it, attaching any documents or instruments it deems necessary for that.

  2. Anyone wishing to submit a complaint to the committee shall submit an application for consideration with the secretariat using the form prepared for this, attaching all supporting documents and fulfilling any requirements that the committee deems necessary for its decision.

  • 1- The violation or complaint shall be deemed registered from the date it fulfills the requirements for registering it

  • 2- The secretariat shall submit the violation or complaint to the committee, after verifying that all the assigned requirements ,in accordance with these rules, are fulfilled or if requested by the committee.

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