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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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Table of Contents

Chapter 1 Scope and definitions

Chapter 2 Authorisation of vehicles covered by EC verification

Chapter 3 Approval of vehicles which are not fully covered by the TSIs

Chapter 4 Application for use of the iusage for transport, testing or test driving and information for use

Chapter 5 Use of expert assistance

Chapter 6 Changes

Chapter 7 Compatibility with the railway infrastructure

Chapter 8 Vehicle type-approval or commissioning authorisation

Chapter 9 Vehicle approved in other EU countries or the EEA countries

Chapter 10 National vehicle register

Chapter 11 Exclusions

Chapter 12 Pensation

Chapter 13 Punishment and redress

Chapter 14 Entry into force and transitional provisions

Completion for the approval of rolling stock (vehicles) in the railway sector 1)

In accordance with section 21 h (1) (i), ONE, ONE. pkt., section 21 k, paragraph 1. 6, section 22, paragraph. 6, section 24, paragraph 1. 5, and section 26, 1. pkt;, in the law of rail, cf. Law Order no. 567 of 9. June 2008, according to Article 24 (a), shall be adopted. 1 :

Chapter 1

Scope and definitions

Scope of application

§ 1. Rolling stock (hereinafter referred to as vehicles) used on the railway network shall be subject to approval by the Traffic Management Board prior to taking into service. The approval may be granted in the form of an authorisation to permit or type-approval, if applicable, subject to the conditions of use.

Paragraph 2. the use of the authorization or type-approval, cf. paragraph 1, do not allow the vehicle to operate.

Paragraph 3. The announcement shall apply to the issue of commissioning permits or approvals for new, upgraded or renewable vehicles.

Definitions

§ 2. By controls the supplier ' s operating manual for the vehicle is understood.

Paragraph 2. By subsystems the results of the fragmentation of the railway system in structurally or functionally defined subsystems are understood.

Paragraph 3. By operational instruction, means a version-driven instruction, subject to the security management system of the infrastructure manager or the railway undertaking, which describes how the material and emergency equipment is to be operated in a normal state and in error condition to achieve secure operation, including evac.

Paragraph 4. By EC verification the procedure shall mean the procedure whereby a notified body verifies and verifies that the subsystem is :

-WHAT? in accordance with the provisions of the Directive,

-WHAT? in accordance with other rules applicable in accordance with the Treaty, and that it may be operational.

Paragraph 5. By EEA countries Member States which fully joined EU legislation in this field are understood to be understood.

Paragraph 6. By renewal the larger worker who is to replace a subsystem or part of a subsystem without changing the overall performance or functionality of the subsystem. Maintenance after approved maintenance documentation is not considered to be a renewal.

Paragraph 7. By putting into service, " all activities " means all activities resulting from the operation of a subsystem in the prescribed mode of operation and may be put into operation.

Paragraph 8. By vehicles in use for vehicles, the approval of the safety characteristics of each vehicle for use in Denmark and, where it is subject to the TSI, is interoperable.

Niner. 9. By quality assurance, means one or more named people with insight into the area other than the person or persons who have produced the documentation, has carried out a check on both the document formalia, including the correct template, structure, naming, archiving and version control and professional content.

Paragraph 10. By vehicle " rolling stock " means rolling stock driving on the rail network, including rail vehicles, such as passenger wagons, freight wagons, trainsets, traction units (locomotives), construction equipment, work vehicles and vintage equipment.

Paragraph 11. By minor changes any changes that are not covered by the definition of renewal, upgrading or larger work, cf. paragraph 6 (2). Twelve and the first. 16.

Nock. 12. By upgrading the larger worker means that changes to a subsystem or part of a subsystem and improve the overall performance or functionality of the subsystem.

Paragraph 13. By risk assessment ; a method which includes systemic identification, identifying the risk of gambling and estimation of risks and the evaluation of risk-reduction measures.

Paragraph 14. By security documentation, a documented demonstration of the conformity of a product with specified safety requirements.

Paragraph 15. By safety plan, means a documented time, activity and resource plan for the implementation of the organizational structure, including responsibilities, procedures, activities, skills and resources to ensure that the results meet specified safety requirements ; relevant to a given contract or project.

Paragraph 16. By larger works any amendments covered by a TSI or, in the case of human or technical errors in the case of the introduction, handling or operation, may lead to one or more seriously injured.

Paragraph 17. By system definition the description of the vehicle and its use, interfaces and interaction with all surroundings, cause of the renewal or upgrade, and all identified requirements for the vehicle, including the TSI.

Paragraph 18. By Technical Specifications for Interoperability (TSI) EU requirements for subsystems and components thereof, which include requirements for safety, technical compatibility, the environment and health, cf. the interoperability directive.

Paragraph 19. On one TEN Mark Vehicle " MET " means a vehicle which is the TEN mark in the same voting system with the following conditions :

-WHAT? It meets all relevant TSIs that are in effect at the time of use and it has in service permission.

-WHAT? It has a permit valid in all Member States, or it has approvals in every Member State separately, cf. The decision of the Commission of 23. January 2009 amending 2006 /861/EC and 2006 /920/EC on technical specifications for interoperability for the subsystems of the trans-European conventional rail system.

Nock. 20. By type-approval The approval of the Traffic Management Board shall mean the design of a type, including safety features, and where it is covered by the TSI that it is interoperable. Type-approval may be used if a series of vehicles is to be produced.

Nock. 21. By maintenance documentation, the supplier specified maintenance plan, including instructions, procedure, and later revisions thereof, shall mean the maintenance plan.

Chapter 2

Authorisation of vehicles covered by EC verification

§ 3. Applying a commissioned authorisation for new, upgraded or rewed vehicles must follow the procedure for the completion of a EC declaration of verification as specified in Article 18 of Directive 2008 /57/EC of the European Parliament and of the Council 17. June 2008 on the interoperability of the Community railway system, hereinafter referred to as the interoperability directive.

Paragraph 2. The applicant must request a notified body to set a verification procedure in progress.

Paragraph 3. The notified body shall carry out the verification and shall establish a technical file which shall follow the EC declaration of verification. The technical file must include the conditions laid down in Annex I to the interoperability Directive.

Paragraph 4. The notified body must verify the interfaces between the vehicle and the structurally or functional parts of the railway system.

Paragraph 5. The notified body must issue a verification certificate to the applicant.

Paragraph 6. The applicant shall draw up a EC declaration of verification for the vehicle on the basis of the notified body ' s certificate and submit the Transport Management Declaration together with the documentation for compatibility with the infrastructure, cf. section 9, and an application for the commissioning authorisation for the vehicle in question.

Chapter 3

Approval of vehicles which are not fully covered by the TSIs

Application for type-approval and commissioning authorisation

§ 4. Railway railway undertakings, railway infrastructure managers, suppliers, producers, leasing companies and others must apply for a type-approval or commissioning of vehicles for vehicles.

Paragraph 2. In addition to the application for type-approval or in-service authorisation, they shall be subject to no. 1-8 information supplied is submitted to the Traffic Management Board. The applicant shall ensure that the information or documentation is quality assurance, including that the document formations are in order, cf. Section 2 (2). Nine, prior to the transmission to Traffic Management.

The following shall be submitted :

1) A description of the project.

2) The system definition for the vehicle.

3) Risk assessment or interim risk assessment if the vehicle is not present in its final configuration.

4) The safety plan for implementation if the application does not provide a simplified process request, cf. § 5.

5) The security documentation provided that the application does not provide a simplified process request, cf. § 5.

6) Information on the possible use of assistance, including draft terms of reference, cf. Section 7, if the application does not contain a request for a simplified process, cf. § 5.

7) Documentation of the vehicle is compatible with the infrastructure, cf. § 9.

8) Any simplified process request in connection with the issuing of the commissioning authorisation, cf. § 5.

Paragraph 3. The people in paragraph 3. 2, no. 1-8, provided information and documentation can be submitted successfully.

Paragraph 4. The Traffic Management Board may issue a type-approval and commissioned authorisation permit. The type-approval and the commissioning authorisation may be limited to time.

Paragraph 5. In the case of the part of the vehicle covered by the TSI, it shall be used or the relevant TSIs.

Paragraph 6. Where the documentation is based on type-approval, the documentation shall be based on the approval of the provisions of paragraph 1 of the Directive. 2 the said documentation shall not be forwarded on a new basis. Such application shall be documented in accordance with the type of document.

Paragraph 7. The requirements for maintenance and operation of the vehicle shall be included in the vehicle under paragraph 1. 2, no. 2, the system definition mentioned. The maintenance documentation and service guides must be available at the time of the issue of the type-approval or the commissioning of the authorisation so that it may be included in the approval base.

Application for Simplified Process

§ 5. Applicable to request the Traffic Management Board to approve the renewal or upgrade of existing vehicles with a simplified process to avoid submitting the applicant in section 4 (2). 2, no. 4-6, information supplied. The simplified process may be used when an applicant in a risk assessment shows that the change occurs at a high level of management and is carried out according to a described and tested process and without any need for derogations, and

1) the amendment relates to the use of vehicles in use, or

2) the amendment concerns vehicles which have been granted approval in another country, cf. § 11.

Chapter 4

Application for use of the iusage for transport, testing or test driving and information for use

§ 6. For the application for the entry into service of transport, test or a test run, the application shall include :

1) A description that determines the extent of the run and the test program.

2) Identification of the specific requirements for transport and the driving and where the driving is to be carried out. If the applicant has a need for derogations in relation to the applicable rules, the Traffic Management Board shall be sought to this effect.

3) A risk assessment of the planned activities in connection with the runs.

4) For test and driving, a description of the division of responsibilities between railway undertakings, supplier, infrastructure manager, test manager and other interested parties.

5) Documentation of how the specific requirements for the run are met and the driving can therefore be done in a security-safe manner.

6) Conventual assistance from the cursor, cf. § 7, cover the identified risks at the run.

7) Documentation that the vehicle is compatible with the infrastructure, cf. section 9, to the extent that is not the display of such conditions that is the purpose of the driving operation.

Paragraph 2. The Management Board may request further documentation and information for the examination of the application.

Paragraph 3. Tests carried out in accordance with planned maintenance or accident repair do not require a separate authorisation for use if the tests can be carried out on approved safety and operational and traffic management rules.

Chapter 5

Use of expert assistance

§ 7. The Traffic Management Board may require the applicant to apply expert assistance, including assistance in the case of an application for approval of vehicles.

Paragraph 2. The Traffic Management Board accepts the company selection of processors based on the criteria of independence and professionalism.

Paragraph 3. The Traffic Management Board shall approve the mission of the chief inspector for the execution of the task.

Chapter 6

Changes

Application for renewal and upgrade

§ 8. Apps making an assessment of whether or not a given change is to view as a renewal or upgrade, cf. Section 2 (2). 6 (2). Twelve and the first. 16, and submit this to the Traffic Management Board, together with the one in section 4 (4). 2, no. 1-3 specified documentation.

Paragraph 2. If the applicant believes that the amendment is not covered by the TSI, the applicant must justify this.

Paragraph 3. Amendments relating to subsystems or components included in the TSI are approved in accordance with the provisions of the TSI.

Paragraph 4. In the event of renewal or upgrading of vehicles for which an commissioned authorisation is available, the Traffic Management Board shall assess the Agency ' s Management Board in accordance with paragraph 5 in paragraph 1. 1 specified documentation on whether or not the applicant shall have a new commissioning permit in accordance with sections 3 and 4.

Chapter 7

Compatibility with the railway infrastructure

§ 9. Documentation of compatibility between the vehicle and the railway infrastructure, cf. Section 3, paragraph 3. 6, section 4 (4). 2, no. 7 and section 6 (4). 1, no. 7 shall contain the following points :

1) braking braking,

2) the short-end capacity and train recording equipment ;

3) technical monitoring of the speed,

4) compatibility with the identification of the defective rolling stock of the railway infrastructure,

5) communications between rolling stock and traffic management ;

6) dynamic and static interaction with the track,

7) dynamic and static profile, as well as

8) electromagnetic compatibility.

Paragraph 2. The one in paragraph 1. 1 the documents referred to may be submitted in the form of a declaration of conformity drawn up by an infrastructure manager or expert.

Chapter 8

Vehicle type-approval or commissioning authorisation

Commissioning of vehicles

§ 10. Before the vehicle is to be operated, the following must be available :

1) A valid commissioning authorization issued by the Traffic Management Board of the Vehicle in question.

2) Documentation that the company employing staff trained for the vehicle in question.

3) Documentation for the maintenance of the maintenance work.

4) One of the Traffic Management Board approved operational instructions for the vehicle. The operational structure shall be drawn up on the basis of the supplier ' s operating instructions and the company ' s own orientations and activities.

Paragraph 2. The railway undertaking or the railway infrastructure manager shall draw up an internal operational document, which shall, together, provide for the purposes of paragraph 1. 1-4 specified conditions. The undertaking shall make their personnel aware of the operating document before the vehicle is put into operation.

Chapter 9

Vehicle approved in other EU countries or the EEA countries

§ 11. In the application for the entry into service of a vehicle approved in another EU country or of the EEA country, the application shall be accompanied by the following information :

1) Copy of the second country's government approval.

2) A list of the documents that have been submitted for the second country's approval, including the safety documentation.

3) Documentation that Danish rules and requirements are met.

4) Vehicle identification, including European Vehicle Number (VU).

Paragraph 2. The Management Board may obtain further evidence, provided that it is deemed necessary for the examination of the application. In the light of the evidence forwarded, the Traffic Management Board shall decide whether or not to obtain type-approval or commissioning of the vehicle for the vehicle.

Paragraph 3. Where applicants submit documentation to the Traffic Management Board, drawn up in languages other than Danish or English, the Traffic Management Board may require the applicant to translate the documentation into one of the two languages referred to.

Chapter 10

National vehicle register

§ 12. The Traffic Management Board shall keep a register of vehicles which have obtained the commissioning authorisation in Denmark (NVR).

Paragraph 2. The Traffic Management Board may obtain information from railway undertakings and the railway infrastructure managers for the use of the register.

Chapter 11

Exclusions

Exemption from application for authorisation

§ 13. Vehicles which are RIV-labelled in accordance with the RIV Agreement (Regolamento Internazionale Veicoli) at the end of the RIV Agreement, that is, the 1. July 2006, cf. the Convention on International Railway Passenger (1999) shall not have issued an commissioning authorisation unless a renewal or upgrade is carried out.

Paragraph 2. Vehicles approved in another EU country and which are the TENs Mark may be used without an entry into service, in the part of the Danish infrastructure TSI, after the Traffic Management has received documentation in accordance with the procedure for the purpose of the Traffic Management Board. § 9.

Paragraph 3. Approval shall not apply for the approval of vehicles which are used solely on the private-owned company track for internal transport.

Paragraph 4. Railway railway undertakings and railway infrastructure managers may make minor changes which are not a renewal, upgrade or greater work, cf. Section 2 (2). 6 (2). Twelve and the first. These minor changes do not require the approval of the Traffic Management Board. However, the railway undertakings and the railway infrastructure managers shall demonstrate that this is a minor change and could present this evidence to the Traffic Management Board.

Chapter 12

Pensation

§ 14. The Management Board may dispense with the provisions of this notice, where it is, moreover, compatible with EU rules in this field.

Chapter 13

Punishment and redress

Punishment

§ 15. Intiretion of section 10 (1) 1, no. Paragraph 1 shall be punished by fine unless a higher penalty is imposed on the railways by section 22.

Paragraph 2. The one that makes a change without making an assessment of whether there is a slight change and violates Article 13 (3). Four, punishable by fine, unless a higher penalty has been inflited on after section 22 of the law of rail.

Paragraph 3. Clause of conditions or conditions laid down in section 4 (4). Four, punishable by fine.

Paragraph 4. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

Appeal access

§ 16. Complaints of decisions taken by the Traffic Authority, within 4 weeks of the decision to be made, may be impacted on the Railway Board. Decisions which may be imparted to the Railway Board may not be complained to another administrative authority. The decisions of the railway bank shall not be complained to the second administrative authority.

Chapter 14

Entry into force and transitional provisions

§ 17. The announcement shall enter into force on the sixth. July, 2009.

Paragraph 2. Type approvals and commissioning authorisations issued before the entry into force of the notice shall remain in force in accordance with their contents. Where changes are made to a vehicle to which type-approval or commissioning of the authorisation is issued, the provisions of the notice shall apply to these amendments.

Traffic management, the second one. July, 2009

Carsten Falk Hansen

/ Leif Funch

Official notes

1) The announcement shall be carried out in parts of Directive 2008 /57/EC of the European Parliament and of the Council of 17. June 2008 on the interoperability of the railways in the Community, (EU-begging L 191 on 18. July 2008, page 1-45).