Ordinance On The Approval Of Rolling Stock (Vehicles) For Railway Purposes

Original Language Title: Bekendtgørelse om godkendelse af rullende materiel (køretøjer) på jernbaneområdet

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=125813

Overview (table of contents) Chapter 1 scope and definitions Chapter 2 Approval of vehicles covered by the EC verification Chapter 3-approval of vehicles which are not fully covered by the Tsis Chapter 4 application for authorisation to transport, test or test run and information to use for this Chapter 5 use of expert assistance Chapter 6 Chapter 7 Compatibility Changes with the railway infrastructure Chapter 8 Vehicle with type approval or authorisation for Chapter 9 Vehicle that are approved in other EU Member States or EEA countries National vehicle register Chapter 10 chapter 11 Chapter 12 Chapter 13 Penalty Waiver Exceptions and appeals Chapter 14 entry into force and transitional provisions of The Decree on the approval of the full text of the rolling stock (vehicles) on jernbaneområdet1) under section 21 h, paragraph 1 1. paragraph, section 21 k, paragraph 6, section 22, paragraph 6, section 24, paragraph 5, and section 26, 1. paragraph, of the law on rail, see. lovbekendtgørelse nr. 567 of 9. June 2008, be determined in accordance with the authorization given pursuant to section 24 (a) (1): Chapter 1 scope and definitions the scope of section 1. Rolling stock (hereinafter referred to as the vehicles) used on the rail network, must be approved by the Danish transport authority before it may be put into service. The authorisation may be granted in the form of an authorisation or a type-approval certificate, where appropriate, on the conditions.
(2). Authorisation or approval referred to in article 6. (1) do not give the right to put the vehicle in operation.
(3). Executive order applies for the issue of authorisations or approvals for new, upgraded or renewed vehicles.
Definitions section 2. By manual means the supplier's operating manual for the vehicle.
(2). By subsystems means the result of the rail system's Division into structural or functional subsystems.
(3). By operating instruction is defined as a version controlled instruction, the infrastructure manager or the railway undertaking subject to the safety management system, which describes how the equipment and emergency equipment to be operated in normal condition and in fault condition to ensure safe operation, including evacuation.
(4). At the "EC" verification is the procedure whereby a notified body verifies and checks that the subsystem is: – in accordance with the provisions of the directive – in accordance with other rules applicable in accordance with the Treaty, and that it can be put into operation.
(5). By EEA countries understood countries which have fully endorsed the EU legislation in this area.
(6). By renewal means greater worker who goes out on a subsystem or part subsystem without changing the overall performance or functionality. Maintenance in accordance with the approved maintenance documentation shall not be deemed to be a renewal.
(7). By putting into service means all activities by which a subsystem is put into the required operating mode and can be put into operation.
(8). By authorisation of vehicles means an approval of the individual vehicle safety properties for use in Denmark and if it is subject to the TSI are interoperable.
(9). By quality assurance means that one or more named individuals with insight in the area in addition to the person or persons who prepared the documentation, carried out an inspection of both document formalities, including proper template structure, naming, archiving and versioning as well as professional content.
Paragraph 10. By vehicle means rolling stock running on the rail network, including rail-borne vehicles such as passenger carriages, freight wagons, trains, traction units (locomotives), construction equipment, work vehicles and veterantogs equipment.
Paragraph 11. By minor modifications means modifications that do not fall within the definition of renewal, upgrade or larger works without prejudice. paragraph 6, paragraph 12 and paragraph 16.
Paragraph 12. Upgrading means major work to modify a subsystem or part subsystem which improves the overall performance or functionality.
Paragraph 13. For risk assessment purposes, a method which includes system identification, identification of hazards from and estimating risks and the evaluation of risk-reducing measures.
Paragraph 14. At the safety documentation shall mean a documented demonstration that a product meets the specified security requirements.
Paragraph 15. At security level means a documented time, activity and resource plan to use for the implementation of the organizational structure, responsibilities, procedures, activities, including skills and resources to ensure that the outcome meets the specified security requirements relevant to a given contract or project.
Paragraph 16. For larger work means any changes, which are covered by a TSI, or if the impact in the event of a human or technical error by the establishment, management or operation can lead to one or more persons seriously injured.
Paragraph 17. At system definition means the description of the vehicle and its use, interfaces and interaction with all surroundings, causing the renewal or upgrade and all identified requirements for the vehicle, including TSI.
Paragraph 18. By Technical specifications for interoperability (TSIs) means the EU requirements for subsystems and components thereof, which includes requirements for safety, environment and health, technical compatibility, see. the interoperability directive.
Paragraph 19. By a TEN mark vehicle means a vehicle that is TEN-mark in accordance with the following conditions: – It meets all relevant TSIs in force at the time of the deployment, and it has authorisation.
– It has a permit, which is valid in all Member States, or it has approvals in all Member States individually, see. Commission decision of 23. January 2009 amending 2006/861/EC and 2006/920/EC concerning the technical specification for interoperability relating to subsystems of the trans-European conventional rail system.
Paragraph 20. At the time of type-approval means the traffic Agency's approval of a type of construction problems, including safety properties, and if it is covered by TSI, it is interoperable. A type of authentication can be used, if to be produced a series of similar vehicles.
Paragraph 21. At the maintenance records for the purposes of the supplier the specified maintenance plan with associated instructions, procedure, etc., as well as later revisions thereof.
Chapter 2-approval of vehicles covered by the "EC" verification section 3. The candidate who must be issued an authorisation to the new, upgraded or renewed vehicles must follow the procedure for drawing up the "EC" Declaration of verification as provided for in article 18 of European Parliament and Council Directive 2008/57/EC of 17 May 2006. June 2008 on the interoperability of the rail system within the community, hereinafter referred to as the interoperability directive.
(2). The applicant must ask a notified body to put a verification procedure in time.
(3). The notified body shall carry out the verification and creates a technical dossier, which must follow the EC declaration of verification. The technical file shall contain the conditions specified in annex interoperabilitetsdirektivets.
(4). The notified body shall carry out the verification of the interfaces between the vehicle and structurally or functionally defined parts of the rail system.
(5). The notified body shall issue a verification certificate to the applicant.
(6). The applicant shall draw up an EC declaration of verification for the vehicle on the basis of the notified body certificate and submit the Declaration to the Traffic Agency, together with documentation for compatibility with the infrastructure referred to in article 6. § 9, as well as an application for authorisation for the vehicle in question.
Chapter 3-approval of vehicles which are not fully covered by the Tsis application for type-approval and authorisation for section 4. Railway undertakings, infrastructure managers, suppliers, manufacturers, leasing companies and others. to apply for a type approval or authorisation for placing vehicles in service.
(2). Prior to the application for component type-approval or authorisation should in no. 1-8 specified information be submitted to the Traffic Agency. The applicant must ensure that information or documentation is quality-assured, including to document formalities are in order, see. section 2, paragraph 9, before transmission to the Traffic Agency.


The following are submitted: 1) A description of the project.
2) System definition for the vehicle.
3) risk assessment or preliminary risk assessment if the vehicle does not appear in its final configuration.
4) Security plan for implementation, if the application does not contain a request for simplified process, see. § 5.
5) safety documentation, if the application does not contain a request for simplified process, see. § 5.
6) information on the possible use of an assessor, including draft terms of reference for the assistance referred to in article 6. section 7, if the application does not contain a request for simplified process, see. § 5.
7) Documentation for the vehicle is compatible with the infrastructure referred to in article 6. § 9.
8) any request for simplified process in connection with the issuing of the authorisation referred to in article 6. § 5.

(3). In paragraph 2, no. 1-8, specified information and documentation may be transmitted successively.
(4). Traffic agency may issue type approval and authorisation with conditions. Type approval and authorisation can be time-limited.
(5). For the part of the vehicle, covered by TSI, it is applied or the relevant Tsis.
(6). When applying for authorisation, where the documentation is based on a type of authentication, the documentation referred to in paragraph 2 shall not be forwarded again. By such an application must comply with the type documented.
(7). Requirements for the maintenance and operation of the vehicle included in the under (2). 2, referred to the system definition. Maintenance documentation and operating instructions must be available at the time of issue of the approval or authorisation in such a way that it can be included in the approval basis.
Application for simplified process section 5. The applicant may request the Traffic Agency to approval of the renewal or upgrading of existing vehicles follows a simplified process, the applicant need not submit the in section 4, paragraph 2, no. 4-6, specified information. The simplified process can be used when an applicant by a risk assessment shows that the modification is done by a high level of management, and is done in accordance with a documented and tested process and without the need for waivers and 1) change relates to in-service, or 2) change relates to vehicles who have obtained approval in another country, see. § 11.
Chapter 4 application for authorisation to transport, test or test run and information to use for this § 6. In the case of an application for authorisation to transport, test or test run, the application must contain the following: 1) A description, which define the scope and test program.
2) identification of the specific requirements for transport and test drive as well as how you want the batch job to be done. If the applicant has a need for derogations in relation to existing rules, the Traffic Agency investigated accordingly.
3) A risk assessment of the activities envisaged in connection with the batch jobs.
4) By testing and trial run, a description of the responsibilities between the railway undertaking, infrastructure manager, test vendor responsible and other parties involved.
5) Documentation for how the specific requirements for the batch job are met, and therefore can be done on a batch job security sound manner.
6) Possible assistance from the assessor, see. § 7, covering the risks identified by the batch job.
7) Documentation for the vehicle is compatible with the infrastructure, see. § 9, in so far as there is no demonstration of these conditions is the aim of the batch job.
(2). Traffic agency may request further documentation and information to be used for processing of the application.
(3). Tests carried out after the scheduled maintenance or accident repair, does not require a separate authorisation, if the tests can be carried out in accordance with approved safety and operations and traffic control rules.
Chapter 5 use of expertise section 7. Traffic Board may require that the applicant uses the expertise, including assessor assistance in connection with the application for approval of vehicles.
(2). Traffic Agency approves corporate election of judges on the basis of the criteria of independence and professionalism.
(3). Traffic Agency must approve the terms of reference for the assessor's performance of the task.
Chapter 6 Changes application for renewal and upgrade section 8. The applicant shall make an assessment of whether a given change is regarded as a renewal or upgrade, see. section 2, paragraph 6, paragraph 12 and paragraph 16, and submit this to the Traffic Agency together with the in section 4, paragraph 2, no. 1-3 specified documentation.
(2). If the applicant considers that the change is not covered by the TSIS, the applicant must justify this.
(3). Changes relating to subsystems or components within the scope of the TSIS, shall be approved in accordance with the provisions of the TSI.
(4). In the event of renewal or upgrading of vehicles for which the existence of an authorisation, shall assess the Traffic Agency on the basis of the documentation specified in paragraph 1, whether or not the candidate should have a new authorisation in accordance with §§ 3 and 4.
Chapter 7 Compatibility with rail infrastructure section 9. Documentation for compatibility between the vehicle and the rail infrastructure, see. section 3, paragraph 6, section 4, paragraph 2, no. 7 and § 6 (1). 7 must contain the following points: 1) braking performance, 2) short circuit capacity and train control facilities, 3) technical monitoring of speed, 4) compatibility with rail infrastructure identification of defective rolling stock, 5) communication between the rolling stock and traffic management, 6) dynamic and static interaction with the track, 7) dynamic and static profile, as well as 8) electromagnetic compatibility.
(2). The documentation referred to in paragraph 1 may be transmitted in the form of a declaration of conformity prepared by an infrastructure manager or expert.
Chapter 8 Vehicle with type approval or authorisation for entry into service of vehicles, § 10. Before the vehicle must be put into operation, there must be the following: 1) a valid authorisation issued by the Traffic Agency for the vehicle in question.
2) evidence that the company employs staff who are trained for the vehicle in question.
3) Documentation for management of maintenance work.
4) one of the Traffic Agency approved operating instruction for the vehicle. Operating instruction shall be drawn up on the basis of the supplier's operating manual and the companies ' own guidelines and activities.
(2). The railway undertaking or infrastructure manager shall establish an internal operational document, which sets out the overall in nr. 1-4 specified conditions. The company must make their staff aware of the operational document, before the vehicle is put into operation.
Chapter 9 Vehicle approved in other EU Member States or EEA countries § 11. When applying for authorisation of vehicle which has been approved in another country of the EU or EEA country, the application must be accompanied by the following information: 1) copy of the other country's regulatory approval.
2) A list of the documents that has formed the basis for the other country's approval, including security documentation.
3) evidence that the Danish rules and requirements are met.
4) vehicle identification, including European vehicle number (European Vehicle Number).
(2). Traffic agency can gather additional documentation, if deemed necessary for the examination of the application. On the basis of the submitted documentation, take public transport, whether or not there can be obtained type approval or authorisation for the vehicle.
(3). If the applicant submits documentation to the Traffic Agency, drawn up in languages other than Danish or English, Danish transport authority may require that the applicant translator documentation for one of the two said languages.
Chapter 10 National vehicle register section 12. Danish transport authority keeps a register of vehicles which have obtained authorisation in Denmark (NVR).
(2). Traffic agency can obtain information from railway companies and railway infrastructure managers for the use of the register.
Chapter 11 Exemptions exemption from application for approval section 13. Vehicles GRATE-marked in accordance with the RIV (Regolamento Internazionale Veicoli) agreement on the date of termination of the agreement, i.e. the 1-GRATE. July 2006, see. Convention concerning international carriage by rail from 1999, should not be issued an authorisation, unless a renewal or upgrade.
(2). Vehicles which have been approved in another Member State, and which are the TEN mark may be used without an authorisation, on the part of the Danish infrastructure which are TSI conformal, after the Traffic Agency has received supporting evidence, see. § 9.
(3). There should be no application for approval of vehicles exclusively used on privately-owned firm clues to national transport.
(4). Railway undertakings and infrastructure managers may make minor changes, which do not have a renewal, upgrade or major works, see. section 2, paragraph 6, paragraph 12 and paragraph 16. These minor changes do not require Traffic authorization. Railway undertakings and infrastructure managers shall, however, provide evidence that this is a minor change and, on request, be able to produce this documentation for public transport.
Chapter 12 Exemption § 14. Danish transport authority may grant derogations from the provisions of this Ordinance, when it is compatible with EU rules in this area.
Chapter 13 Penalty and appeals Sentence § 15. Violation of section 10 (1) (8). 1, are punishable by fines unless a higher penalty is inflicted pursuant to section 22 of the law on rail.
(2). The person making a change without making an assessment of whether it is a minor change and is in breach of section 13 (4) shall be punished with a fine, unless a higher penalty is inflicted pursuant to section 22 of the law on rail.
(3). Breach of terms or conditions established pursuant to section 4, paragraph 4, be punished by a fine.

(4). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.
Redress section 16. Appeal against decisions of the Traffic Agency, within 4 weeks after that decision has emerged appealed from to the rail complaints board. Decisions can be appealed to the rail complaints board, cannot be appealed to any other administrative authority. Rail complaints Board's decisions cannot be appealed from to the other administrative authority.
Chapter 14 entry into force and transitional provisions § 17. The notice shall enter into force on the 6. July 2009.
(2). Type-approvals and authorisations issued before the entry into force of the Decree remains in force in accordance with their content. If changes are made in a vehicle for which type approval or authorisation has been issued, the provisions of executive order provisions apply to these changes.

Public transport, the 2. July 2009 Carsten Falk Hansen/Leif Funch Official notes 1) Executive order implementing parts of the European Parliament and of the Council Directive 2008/57/EC of 17 May 2006. June 2008 on the interoperability of the rail system within the Community (Official Journal L 191, on 18 July 2008, page 1-45).