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ns2022en:access_conditions

3. Access conditions

3.1 Introduction

See the Norwegian Railway Regulations, Chapter 2.

Other relevant regulations can be found at www.lovdata.no and the NRA website at https://www.sjt.no/andre-valg/regelverk/ see Section 1.3.

3.1.1 Access provisions by section

3.1.1.1 COTIF

Norway is affiliated to the Convention concerning International Carriage by Rail (COTIF), see the COTIF Act.

CIM lines:

  • All railway lines in the Norwegian rail network

CIV lines:

  • All railway lines in the Norwegian rail network.

OTIF has updated lists of all railway and ferry lines where CIM and CIV are applicable to international railway transport.

3.1.1.2 TEN – the trans-European conventional railway system

See the Interoperability Regulations, Annex 1. Range of application

The Norwegian part of the trans-European conventional rail network includes the following lines:

  • The Østfold Line (Oslo – Moss – Kornsjø)
  • The Vestfold Line (Oslo – Drammen – Skien)
  • The Bratsberg Line (Nordagutu – Skien)
  • The Kongsvinger Line (Oslo – Kongsvinger – Charlottenberg)
  • The Sørlandet Line (Oslo – Hokksund – Stavanger)
  • The Bergen Line (Oslo – Hokksund – Hønefoss – Bergen) (Oslo–Roa–Hønefoss)
  • The Dovre Line (Oslo – Dombås – Trondheim)
  • The Meråker Line (Trondheim – Storlien)
  • The Nordland Line (Trondheim – Bodø)
  • The Ofoten Line (Narvik – Vassijaure)

3.2 General access requirements

See the Norwegian Railway Regulations, Chapter 2.

3.2.1 Conditions for applying for capacity

The following enterprises meet the conditions to apply for infrastructure capacity in Norway:

  • 1. RUs which have access to service operation on the Norwegian rail network, provided that the company has a licence and a safety certificate for the type of transport and section in question.

Enterprises that may be given access to service operation on tracks that form part of the Norwegian rail network can also apply for infrastructure capacity. The intention is to help ensure that potential RUs that are in the process of acquiring licences and safety certificates are able to participate in the capacity allocation process. Bane NOR permits such enterprises to apply for train paths. For the application to be taken into account when the timetable is established, Bane NOR may require the enterprise to substantiate the fact that it will have received permission prior to the consultation deadline for proposals for the timetable, see Chapter 4.5.

  • 2. RUs and other applicants – an RU or an international Federation of RUs or physical or legal entities, such as competent authorities in accordance with Regulation (EC) no. 1370/2007 on public passenger transport services by rail and by road, which have a non-profit or business interest in being allocated infrastructure capacity, ref. the Norwegian Railway Regulations, Section 1-3, letter j).

Such permission can be given either when the annual capacity allocation process begins or when applications for train paths have to be sent before which RU is to provide the services has been clarified.

Any applicant that is not an RU must appoint an RU that will run the services and that must conclude or have concluded an agreement with Bane NOR in accordance with the Norwegian Railway Regulations, Section 10-1. The deadline for appointing an RU is 30 days before the planned departure time from the departure station.

In accordance with the Norwegian Railway Regulations, Section 8-1 (2), transferring allocated capacity to others or another type of transport service is prohibited. When an RU provides a transport service on behalf of an applicant that is not an RU, this is not to be regarded as a transfer.

3.2.1.1 Access to space in the driver’s cab

Personnel carrying out inspections of lines for Bane NOR must be given access to driver’s cabs to the necessary extent. Bane NOR cannot demand such access if the RU has to reject this as a consequence of requirements in laws or regulations, or internal procedures that implement requirements in laws or regulations.

RUs must formulate their procedures for access to driver’s cabs in such a way that it is possible to conclude an agreement providing an inspector with space in a driver’s cab at short notice (less than one hour).

For its part, Bane NOR is responsible for ensuring that the inspector does not disrupt the train crew unnecessarily.

The reason for this requirement is to avoid reserving more infrastructure capacity than necessary for inspection and maintenance, and also to ensure that Bane NOR has a realistic view of visibility conditions for the train crew.

3.2.1.2 Bane NOR’s primary operating responsibility

See the Working Environment Act, Chapter 2.

When several employers operate at the same work site simultaneously, employees may be subject to additional risk as a result of the activities being run by employers other than their own. Therefore, each employer must ensure that their own activities are arranged in such a manner that other employees are also protected in accordance with the rules stipulated in the Working Environment Act. Responsibility for coordination of protection and environmental work rests with the principal enterprise.

Principal operating responsibility relating to railway activities:

  • When personnel employed by RUs perform tasks relating to lines administered by Bane NOR, Bane NOR is to be considered the principal enterprise. For example, Bane NOR carries out section inspections with RUs.
  • The primary operating responsibility for parts of the Bane NOR rail network, which constitute a natural part of terminals, workshop areas and shunting areas and where no regular passenger and freight services operate, rests with the company responsible for the main activity in the area.
  • The principal enterprise at freight terminals is the company with the most employees at the terminal, or the company that is responsible for the main activity on the terminal site. If there is any doubt, emphasis is also placed on which company has a right to manage, and on any relationship that may be established between superior and subordinate.

3.2.2 Conditions for access to the railway infrastructure

See the Norwegian Railway Regulations, Sections 2-1 and 2-2.

A) RUs that have access to operate services on the rail network, see the Norwegian Railway Regulations, Section 2-1
This is applicable to RUs that have access to service operation on routes that are part of the rail network, provided that the RU has a licence and a safety certificate pursuant to the Licensing Regulations.

The Norwegian Railway Regulations, Section 2-1 (1), letters a) to e) state which RUs have access to operate services on the rail network.

To be able to exercise access rights to the rail network, RUs have to be affiliated to a joint trade association specified by the JDIR, see the Norwegian Railway Regulations, Section 2-1 (5).

This access also includes necessary transport of vehicles on the rail network, as well as test running and running in connection with training, see the Norwegian Railway Regulations, Section 2-1 (2).

B) RUs that can apply to the MoT for access to operate services on the rail network in order to provide passenger transport, see the Norwegian Railway Regulations, Section 2-2

The following RUs may, in special cases, be given access to service operation on routes that are part of the rail network beyond the instances referred to in section A, provided that the RU has a licence and a safety certificate pursuant to the Licensing Regulations for the activity to be performed.

  • RUs that only provide passenger transport in towns and suburban areas or regional passenger transport using their own railway infrastructure
  • RUs wishing to provide passenger transport on parts of the rail network where Vy has suspended such services
  • RUs wishing to run museum train businesses or other limited passenger transport and that do not wish to compete with regular scheduled services

Access according to the first two points is given in instances where this will help to bring about appropriate traffic flow, see the Norwegian Railway Regulations, Section 2-2 (2).

3.2.3 Licences

Licences pursuant to the Licensing Regulations are issued by the NRA. See www.sjt.no for contact information for the NRA

3.2.4 Safety certificate

Safety certificates pursuant to the Licensing Regulations are issued by the NRA. See www.sjt.no for contact information for the NRA

3.2.5 Insurance

See the Licensing Regulations, Section 11. RUs must have sufficient insurance or a sufficient guarantee to cover their liability to pay compensation as a consequence of their activities, including covering their liability to pay compensation in the event of accidents, particularly involving passengers, luggage, freight, post and third parties. The insurance policy or guarantee must, as a minimum, provide coverage of 4500 G (the national insurance basic amount) per claim.

Bane NOR requires the insurance policy or guarantee to be sufficient to cover the liability of the RU or others for whom the RU is responsible in respect of Bane NOR, including damage to infrastructure, cleanup after operational failures, requisition and rescue and fire extinguishing.

Bane NOR is insured in the private insurance market.

3.3 Contractual arrangements

3.3.1 Framework agreement

See the Norwegian Railway Regulations, Chapter 7.

RUs and other infrastructure capacity applicants can apply to conclude a framework agreement with Bane NOR concerning the use of infrastructure capacity for a period longer than a timetable period, cf. the Norwegian Railway Regulations, Section 7-1. Any framework agreement must be compliant with the terms and conditions in the Norwegian Railway Regulations, Chapter 7. Bane NOR has a restrictive practice with regard to conclusion of such framework agreements with a view to ensuring efficient utilisation of rail network capacity.

Bane NOR announces any new or revised framework agreements to the NRA within four weeks of entering into an agreement, see Section 7-1(2) of the Norwegian Railway Regulations.

Bane NOR uses the RNE framework agreement as the template for its framework agreement

Here is the link to the RNE framework agreement template.

3.3.2 Contracts with RUs (ATS)

See the Norwegian Railway Regulations, Section 10-1.

ATS (Agreement on Track Access and Use of Services) is the only agreement that RUs may conclude with Bane NOR for delivery of the basic service package, see Section 4-1 of the Norwegian Railway Regulations, see Chapter 5.2

It is not necessary to have concluded an ATS before applying for routes, but it is necessary in order to be allocated routes.

The applicable ATS is available in Annex 2.3.1. A printed copy can also be requested by sending an email to postmottak@banenor.no

The format of ATSs may be amended and new ATSs may be concluded irrespective of the validity period for the Network Statement. There is no independent approval of ATSs.

The ATS gives RUs the right to use services which are provided by Bane NOR to RUs and are covered by the Norwegian Railway Regulations, Sections 4-2, 4-4 and 4-5, along with the right to access up to these services. A separate agreement must be concluded with Bane NOR for the use of other services provided by Bane NOR and which fall outside the scope of the Norwegian Railway Regulations and ATS.

RUs must consult the proprietor of the service facility in question for access to and services at other parties’ service facilities. Access to tracks administered by Bane NOR up to other parties’ service facilities forms part of the basic service package, see ATS, Section 9.1.1.

3.3.3 Contracts with non-RU applicants

Applicants other than RUs applying for infrastructure capacity do not need to conclude contracts or similar with Bane NOR or others in order to apply for infrastructure capacity from Bane NOR, but they must follow the process established by Bane NOR and have access established in Bane NOR’s systems, etc. before applying for infrastructure capacity. Bane NOR only provides access to applicants that meet application requirements in accordance with the Norwegian Railway Regulations, Section 1-3, letter j).

The following terms are applicable to applicants for the use of allocated train paths:

  • To use allocated infrastructure capacity, the applicant must specify one or more railway companies that involve operating trains, see the Norwegian Railway Regulations, Section 8-2, first paragraph.
  • The applicant must provide written information to Bane NOR within 30 days of train operation commencing to indicate which railway company will be operating trains. If more than one railway company is to operate trains, the applicant must also provide written notification to Bane NOR within the same deadline to indicate which railway company(s) is (are) to operate trains linked with each individual train path (30 days before each individual train operation).
  • If the applicant replaces railway companies, the applicant must provide written notification to Bane NOR of the replacement within 30 days of the replacement taking place.
  • Railway companies that are to operate trains must have concluded an Agreement on Track Access and Use of Services (ATS) with Bane NOR before commencing train operation and must meet other requirements specified for the operation of trains using Bane NOR infrastructure, see ATS, section 10.1.
  • Infrastructure charges and charges for other railway-related services must be paid by the railway company operating the trains.
  • The railway company that is to operate trains must pay a reservation charge in accordance with the Norwegian Railway Regulations, Section 6-7, for capacity allocated but not used. If the applicant fails to designate a railway company to operate trains, the applicant must pay the reservation charge.
  • The applicant bears joint and several liability for any claim Bane NOR makes against the railway company designated to operate trains, including claims arising out of a breach of obligations in accordance with ATS or claims based on general compensation rules.
  • If the applicant fails to meet requirements pursuant to laws or regulations or fails to meet conditions defined by Bane NOR as a basis for allocation of the train path, Bane NOR may withdraw the train path. ATS, section 11, paragraphs 4, 5, 6 and 7 are similarly applicable to applicants.

Bane NOR may specify further conditions for applicants on the basis of the train operation in question. Such further conditions must be indicated in the decision on train path allocation that is communicated to the applicant.

3.3.4 General terms and conditions

The general terms and conditions set down by Bane NOR concerning use of the Norwegian rail network can be found in ATS, see Annex 2.3.1

Bane NOR does not apply European General Terms and Conditions (EGTC).

3.4 Specific access requirements

3.4.1 Rolling stock acceptance

The NRA gives permission to commission vehicles, see the Interoperability Regulations.

National technical requirements concerning vehicles can be found in the Norwegian Motor Vehicle Regulations (MVR).

Information on the process is available from the NRA. See www.sjt.no for contact information for the NRA

Vehicles used by Bane NOR, be they their own vehicles or hired machines used in connection with assignments being carried out for Bane NOR, must also have Bane NOR wagon labels with a valid JBV technical inspection deadline (BN TKF) issued by Bane NOR.

More information: http://www.banenor.no/Marked/Leverandorinfo/Godkjenning-av-arbeidsmaskiner-/

3.4.1.1 Requirements for equipment in traction units

For drivers to have access to various control cabinets, such as crank boxes and control cabinets for level crossing barriers, all traction units must be equipped with “CTC keys”.

Keys should be ordered from Bane NOR by sending an email to IFJ_ordre@banenor.no

The order must include the following information:

  • Ordering of CTC keys – “F no. 708 690 840”
  • The orderer’s company name
  • The orderer’s customer number at Bane NOR (or “new customer”)
  • The orderer’s reference
  • Contact person (name and telephone number)
  • Number of keys
  • Invoice address
  • Delivery address

Keys can be collected from: Bane NOR Sentrallager Grorud, Østre Aker vei 256, Oslo, Norway.

The orderer must acknowledge receipt of CTC keys and is obliged to return them when they are no longer needed. Lost CTC keys must be reported to Bane NOR.

3.4.1.2 Gas and smoke protection equipment on trains

To be able to move trains safely away from a hazardous area in the event of a fire, hazardous gas container leakage, etc., it is recommended that all trains be equipped with gas masks to provide gas and smoke protection. Passenger trains should be equipped with two sets of gas and smoke protection equipment, one being placed in the traction unit for the train driver to use and the other being placed together with the train’s other emergency response equipment for other train managers to use. In trains with two driver’s cabs, there should be one set of equipment provided for each of the driver’s cabs.

3.4.2 Staff acceptance

Drivers must have a driving licence issued by a national safety authority and a certificate issued by the RU. The IM is not responsible for training or approval of drivers, train managers or shunting personnel.

Requirements of relevance to drivers are specified in the Driver Regulations. Information on this can be found on the NRA website at https://lovdata.no/dokument/SF/forskrift/2009-11-27-1414

Requirements of relevance to train managers and shunters are specified in the Training Regulations and TSI-Ope.

3.4.3 Exceptional consignments

Exceptional transport is defined in the same way as in UIC brochure 502-1, article 1.3. Bane NOR uses the UIC definition.

Bane NOR decides on whether exceptional transport may be permitted, and if so under which conditions. Handling of exceptional transport is described in Chapter 4.7.

3.4.4 Dangerous goods

The transportation of dangerous goods by rail is regulated in the following laws and regulations:

OTIF: RID 2015

JBD: Regulation on land transport of dangerous goods

DSB: ADR/RID 2015

UIC: Publication 502-1

Handling of dangerous goods is described in further detail in Chapter 4.7.

3.4.5 Test trains and other special trains

Vehicle test runs are subject to permission from the Norwegian Railway Authority, see Section 12 of the Vehicle Regulations.

https://lovdata.no/forskrift/2016-12-19-1846/Section12

ns2022en/access_conditions.txt · Sist endret: 2020/12/10 20:33 av wesase