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ns2017en_old:access_conditions

2. Access conditions

2.1 Introduction

Cf. Permission to operate on the national railway network (the Rail Regulations), especially §§ 2-1 and 2-2 - Annex 1.3.

The regulations are available in English via the NRA’s websites, http://www.sjt.no/en/Rules-and-regulations/ /

2.1.1.1 COTIF

Norway has signed the Convention of international railway transportation - cf. the COTIF Act, Annex 1.3.

CIM-Lines:

  • All lines of the National Railway Network are included.

CIV-Lines:

  • All lines of the National Railway Network are included.

OTIF (www.otif.org) has updated lists of all railway- and ferry lines where CIM and CIV are applicable to international railway transportation.

2.1.1.2 TEN – The TransEuropean Conventional Railway Network

The national part of the Trans European Conventional Railway Network consists of the following routes:

  • The Østfoldbanen Line (Oslo – Moss – Kornsjø)
  • The Vestfoldbanen Line (Oslo – Drammen - Skien)
  • The Bratsbergbanen Line (Nordagutu – Skien)
  • The Kongsvingerbanen Line (Oslo –Kongsvinger – Charlottenberg)
  • The Sørlandsbanen Line (Oslo – Hokksund – Stavanger)
  • The Bergensbanen Line (Oslo – Hokksund - Hønefoss - Bergen)
  • The Route Oslo – Roa – Hønefoss
  • The Dovrebanen Line (Oslo – Dombås - Trondheim)
  • The Meråkerbanen Line (Trondheim - Storlien)
  • The Nordlandsbanen Line (Trondheim - Bodø)
  • The Ofotbanen Line (Narvik – Vassijaure)

For additional regulations - cf. The Traffic Coordination Regulations - Annex 1.3.

2.2 General Access Requirements

Cf. The Rail Regulations Ch. 2 – cf. Annex 1.3.

2.2.1 Requirements to apply for train path

The following undertakings comply with the requirements of applying for train paths in Norway:

  1. Railway undertakings which have access to operate on the national railway network and possess a license and a safety certificate for the relevant type of transport and stretch.The allocation regulation, section 5-1, para.2; “The IM may grant permission to entities that can gain access to operate on train paths that are part of the national rail network to apply for infrastructure capacity”. The purpose of this provision is, among other things, to arrange matters so that potential RU`s which are in the process of obtaining a license and safety certificate will be allowed to participate in the Capacity Allocation process.Jernbaneverket will permit potential RU’s to apply for train paths. In order for the application to be considered when the timetable is determined (see Ch. 4.4) Jernbaneverket may demand from the potential RU that it demonstrates the likelihood of getting a license to operate within the time table change.
  2. To prepare for international train traffic (cross-border) Jernbaneverket accepts that: a One Stop Shop within the RNE collaboration may order infrastructure capacity on behalf of RUs or potential RUs as mentioned above.
  3. Jernbaneverket may grant permission to a representative designated by the organisation that is in charge of procurement of publicly purchased traffic to take part in the Capacity Allocation process and to apply for infrastructure capacity.

This permission can be granted when the Capacity Allocation process commences or when applications for train paths have to be submitted before a decision has been made on which RU will conduct the traffic.

Enterprises that do not possess a licence and safety certificate in Norway can have infrastructure capacity reserved, but will not have train routes issued. Train routes will only be issued to an RU that is actually going to run the trains.

2.2.1.1 Access to Driver’s Cabs

Personnel from Jernbaneverket shall as far as necessary be given access to drivers’ cabs in the RU’s trains for the purpose of inspecting the infrastructure, cf. the ATS.

The RU shall make its routines for access to the driver’s cab in such a way that an agreement concerning the entry of an inspector in a driver`s cab can be reached at short notice (less than an hour).

Jernbaneverket is responsible in turn for seeing that the inspector does not unnecessarily disturb the driving crew.

The reason for this requirement is partly to avoid reserving more infrastructure capacity than necessary for inspection and maintenance, and partly to ensure that Jernbaneverket gets a realistic picture of the visibility conditions for the driving crew.

2.2.1.2 Jernbaneverket's Principal-Enterprise Liability

Cf. The Working Environment Act Ch. 2 – cf. Annex 1.3.

When two or more employers are conducting activities simultaneously at the same working premises, the employees will normally be exposed to extra risks at employers other than his/her own employer. Therefore, each employer shall ensure that his own activities are arranged and carried out so that the other employer`s employees are also protected in accordance with the rules of the Working Environment Act. The responsibility for co-ordinating the safety and environmental work at the premises is laid upon the principal enterprise.

Principal Enterprise Liability regarding railway activity:

  • When personnel employed at the RU conduct work in connection with lines administered by Jernbaneverket, Jernbaneverket is regarded as the principal enterprise. For example, Jernbaneverket conducts line inspections in collaboration with the RU.
  • The principal enterprise liability for those parts of the national railway network which form a natural part of marshalling, maintenance and shunting yards, and on which there is no ordinary passengerand freight traffic, can by agreement be assigned to the enterprise responsible for the main activity on these premises.
  • The principal enterprise at freight terminals is the business that has most workers at the terminal, or the company that is responsible for the main activity in the terminal area. In case of doubt, emphasized also which organization has the right, possibly over / subordinate relationship that had to be established.

2.2.2 Who is allowed to perform train operations (freight and/or passenger)

RUs who have access to operate on the national railway network may obtain permission to operate trains in Norway. EU Dir. 2001/14/EC Article 16 and The Rail Regulations §§ 2-1 and 2-2 – cf. Annex 1.3.

A. RUs with access to operate on the national railway network, cf. The Rail Regulations § 2-1. This applies to RUs who are granted access to stretches which are part of the national railway network, provided that the RU has a license (cf. Annex 1.3, The Rail Regulations Chapter 5) and a safety certificate, Annex 1.3 accordingly, Ch. 6 for the relevant transport and stretches.

  • RUs that are part of international groupings where one of the RUs is established in Norway and has access to operate on the actual stretch for which this type of transport is to be performed
  • RUs wishing to perform international combined freight transport
  • RUs wishing to perform international freight transport on stretches forming part of the Trans-European Rail Freight Network (TERFN). Such RUs shall also have the right to receive and deliver goods in Norway, provided that this right also applies to Norwegian RUs in the EEA-Member State or Switzerland where this RU is established.

The access also covers necessary transport of the railway material on the complete national railway network, cf. The Rail Regulations § 2-1, Sect. 2.

B. RUs that may apply to the Ministry of Transport for access to operate on the national railway network, cf. The Rail Regulations § 2-2.

The following RUs may in certain circumstances be granted access to stretches which form part of the national railway network, provided that the RU has a license to perform its activity (cf. The Rail Regulations Ch. 5) and a safety certificate according to Ch. 6.

  • RUs that only perform transport in cities and suburbs or regional transport on network owned by the RU itself.
  • RUs wishing to perform passenger transport on parts of the railway network where the State`s own railway company has stopped its services
  • Museum- and hobby based train operations

Access according to the first two bullet points is granted in cases where this will lead to a rational flow of traffic.

2.2.3

Licence is issued by the NRA. Concerning contact information - cf. Annex 1.3.

2.2.4 Safety Certificate

The Safety certificate is issued by the NRA. Concerning contact information - cf. Annex 1.3.

2.2.5 Insurance Obligation

The Rail Regulations § 5-6 Insurance/Guarantee – cf. Annex 1.3.

The RU shall have the necessary insurance or have guarantee for liability which might occur due to the RU`s operations, including coverage of liability in the case of accidents, especially concerning passengers, luggage, freight, mail or third party. The policy/guarantee must provide minimum cover of 4500G (Norwegian National Insurance basic sum) per incidence of damage.

Jernbaneverket requires that this insurance be sufficient to cover the liability that the RU and others for which the RU is responsible can incur with Jernbaneverket, including damage to infrastructure, clean-up after operating accidents and fire extinction.

2.3 General Business/Commercial Conditions

2.3.1 Framework Agreement

Cf. the Allocation Regulations Ch. 6 and EU Dir. 2001/14/EC Article 17 – Annex 1.3.

Framework agreements can be prepared for each individual case.

Jernbaneverket is generally willing to enter into mutual framework agreements pertaining to (infrastructure) improvements and/or additional services.

2.3.2 Agreement on Track Access and Use of Services (ATS)

Cf. The Allocation Regulations § 8-1 and EU Directive 2001/12, Article 1 (11) – Annex 1.3.

The ATS is the only agreement required in order to deliver the minimum access package - Cf. Ch. 6.1.1. An ATS is not required before applying for a train path, but is required in order to have train paths issued.

The current ATS is available in Annex 2.3.2. A printed copy can be ordered through.

The ATS format can be modified and new ATS can be signed regardless of the validity period of the Network Statement.

There is no independent approval of the ATS. The ATS gives RUs access to stations as well as locomotive depots, goods sheds, goods terminals, train formation yards and marshalling yards.

Special agreements are being entered into for access to / rental of (premises in) station buildings, goods sheds, goods terminals and locomotive stalls. See Ch. 5.4 for further information.

2.4 Operational Rules

The following regulations issued by the NRA and provisions issued by the Jernbaneverket constitute the sum of the operational rules for the national rail network:

  • The Train Operation Regulations - cf Annex 1.3.
  • The Train Operation Regulations for routes with ERTMS.
  • Operational rules for the Jernbaneverket's network, rev. 5 - valid from 13.12.2015, which contain both the Train Operation Regulations and the Jernbaneverket's additional regulations.
  • Operational rules for Jernbaneverket’s network for routes with ERTMS
  • Route manual (for both conventional routes and routes with ERTMS). Among other things, the document describes the operating forms of the individual lines and it gives local operating regulations for stations, freight terminals, marshalling yards, bridges, local secondary tracks etc. The route manual is part of the basis documentation for the drivers’ rule book which shall be prepared by the RUs.
  • ATC Manual

Pursuant to the Train Operation Regulations, RUs shall prepare a rule book and route book for the RUs’ drivers, cf. Train Operation Regulations § 2-4 and 2-5 - Annex 1.3.

The Operational Rules are only available in Norwegian. Jernbaneverket has agreements with printing houses which print the aforementioned documents. RUs can print the Operational Rules where required.

2.4.1 The RU’s Duty to Follow Jernbaneverket’s Operational Rules

Signing an access agreement obligates an RU to follow Jernbaneverket’s operational rules in the form that they exist at the time when the contract is signed.

2.4.1.1 Modifications to Operational Rules Issued by Jernbaneverket

Cf. the Instructions for Official Studies and Reports - cf. Annex 1.3.

These rules do not restrict Jernbaneverket’s right to decide upon modifications in accordance with the power granted by laws or regulations.

Amendments to the operational rules, which are a necessary result of the conversion of some parts of these rules into regulations, will normally not be subjected to a public review by Jernbaneverket. A review will be held in such cases by the public authority that sets the regulations.

Descriptions of technical systems or local procedures will normally not be applicable for public review. Neither will amendments to the above.

2.4.2 Requirements for Continuous Access to Transport Management

Jernbaneverket requires that an RU have a transport management that is immediately accessible at all times when the RU has trains running.

The transport management shall have all the necessary authority to make decisions for the purpose of terminating situations with deviations so that any negative effects of the deviation that may occur will be as small and brief as possible.

The RU shall give Jernbaneverket the necessary information for contacting its transport management. The RU is responsible for keeping its contact information updated at all times.

Changes of contact information notified to sirkulaerer@jbv.no

Changes will be updated 14 days after enrollment.

2.5 Exceptional Transports

Exceptional transport is defined in the UIC-leaflet 502-1, Article1.3, cf. Annex 1.3. Jernbaneverket adheres to the UIC definition. Jernbaneverket decides whether an exceptional transport can be allowed to run and on what terms. Exceptional transport during the capacity allocation process is described in Ch. 4.7.

2.6 Dangerous Goods

The transport of dangerous good by train is regulated in the following laws and regulations:

OTIF: RID2015

JD: Regulations relating to the transport of dangerous goods on roads and railways (Land Transportation Regulations)

DSB: ADR/RID 2015

UIC: Leaflet 502-1

Laws and regulations, cf. Annex 1.3.

The handling of dangerous goods in the Capacity-Allocation process is described in more detail in chapter 4.7.

2.7 Rolling Stock Acceptance Process Guidelines

The NRA is the acceptance authority for rolling stock.

Information about the process can be obtained by inquiring with the NRA. Concerning contact information - cf. Annex 1.3.

The rolling stock which Jernbaneverket uses, whether it is own rolling stock or hired machines used in connection with assignments performed for Jernbaneverket must also have JBV-registration document with valid JBV Technical control limit (JBV TKF) issued by Jernbaneverket.

2.7.1 Requirements for equipment in hauling engines

To ensure that the locomotive drivers have access to different operating cabinets, eg. wind cabinet and control cabinets for road safety equipment, all hauling engines shall be equipped with “Centralized Train Control – keys”.

The keys may be collected at Jernbaneverket. Send an email to: IFJ_ordre@jbv.no

The request for keys must contain the following information:

  • Request for CTC keys – “F-nr 708 690 840”
  • Company name
  • Customer number with Jernbaneverket (or “new customer”)
  • Reference
  • Contact person (name and telephone)
  • Number of keys
  • Billing address
  • Address of delivery

Alternatively, the keys may be collected at: Jernbaneverket Sentrallager Grorud Østre Aker vei 256, Oslo, Norway

Those who requests keys, are obliged to sign for the keys and return them when no longer needed. In case of lost keys, Jernbaneverket must be notified.

2.7.2 Gas- and smoke protection equipment on trains

To operate trains safely away from dangerous areas in case of fire, gas leaks etc. it is recommended that all trains be equipped with two gas masks for gas and smoke protection. Passenger trains should be equipped with two sets of gas masks, one of which is placed in the hauling engine for use by the train driver, and one to be placed with other emergency equipment for use by other train staff. In units with two driver’s cabs there ought to be one set of equipment in connection with each of the driver’s cabs.

2.8 Staff Acceptance Process

Drivers of railway hauling vehicles must pass the exam of a qualified vocational school. This requirement does not apply to a) drivers trained as engine drivers at the railway organisation in Norway before 1st July 2005, b) drivers of light rail motor tractors c) drivers trained in another EEC country or drivers trained in a country outside the EEC if the training is comparable with the Norwegian training.

With the exception of the above no public certification is required.

General guidelines concerning staff qualifications are provided in the railway legislation (only available in Norwegian),

In particular, see; (Annex 1.3)

  • Regulations no. 1568 10 December 2010 (The Rail Regulations)
  • Regulations no. 389 of 11 April 2011 (Safety Management Regulation)
  • Regulations no. 388 of 11 April 2011 (Railway Net Infrastructure Regulation)
  • Regulations no. 633 of 21 June 2012 (Vehicle Regulation)
  • Regulations no. 1679 of 18 December 2002 (The Training Regulations)
  • Regulations no. 1678 of 18 December 2002 (The Health Requirements Regulations)
  • Regulations no. 1414 of 27 November 2009 (Regulation on certification of drivers of traction vehicles on the national railway network)

2.8.1 External Examiners at Exams concerning Operational Rules

Norwegian Railway Academy (Norsk jernbaneskole) provides external examiners for exams concerning the operational rules for engine drivers, shunters etc.

Cf. Ch. 5.5.4.8 for information about the Academy.

2.8.2 Instruction on train operations (driving etc.)

The basic training of engine drivers is organised as an official vocational training by the Norwegian Railway Academy.

Final authorization of engine drivers including teaching and approval on the individual engine will be performed by the individual RU.

2.8.3 Compulsory Equipment for Engine Drivers

In order to operate equipment along Jernbaneverket’s infrastructure (switch-locks, level crossing boxes, etc.), the RU’s drivers and possible other personnel who require it, shall be equipped with a “Square key”.

Requests for keys must be directed to NSB/Mantena. Those who make such requests are obliged to sign for the keys and return them when no longer needed. In case of lost keys NSB/Mantena must be notified.

2.9 Emergency preparedness plan for enterprise accidents

Jernbaneverket refers to the Safety Management Regulations § 4-7 fourth paragraph in which it states that: “The infrastructure manager shall ensure that own emergency preparedness plans and the emergency preparedness plans of all railway undertakings that operate on the national railway network are coordinated. The emergency preparedness plans must also be coordinated with the relevant public authorities”.

Jernbaneverket has described its system for preparedness for adverse events according to Safety Management Regulations. The description conveys Jernbaneverket’s principles for dimensioning and priorities.

See http://www.jernbaneverket.no/Marked/Leverandorinfo/Beredskapsplan-for-driftsulykker/

ns2017en_old/access_conditions.txt · Sist endret: 2017/03/21 08:42 (ekstern redigering)