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In accordance with the decision of the Parliament:
The law applies to metro and tram transport ( Urban railway transport ) And the control of the metro and the tramway network, unless otherwise provided for by law.
For the purposes of this law:
(1) Network management The construction, maintenance and management of the underground railway or tramway network;
(2) Infrastructure manager The municipality, the municipality of business or the company or any other company or entity responsible for the management of the underground railway or tramway network;
(3) Transport operation The exercise of passenger transport by metro or tramway network;
(4) The carrier The municipality, the municipality of business or the company, or any other company or entity which carries out the traffic on the metro or tramway network;
(5) Operator The infrastructure manager and the carrier;
(6) Safety management system A system that provides a systematic approach to identifying hazards and managing risks while ensuring that the identified hazards and risk management measures are effective.
The operator shall meet the following requirements:
(1) the operator must have an organisation guaranteeing security and a safety management system;
(2) the operator must demonstrate that it may, through its safety management system, ensure the safe design, construction, maintenance and management or safe operation of the network;
(3) the operator is reliable and the person assigned to its managerial functions is of good repute and professional competence;
(4) the persons assigned to the operator's transport safety tasks fulfil the required eligibility criteria and are professionally qualified;
(5) the operator is sufficiently serious to be able, on the basis of known facts, to fulfil its actual and expected obligations and commitments for at least one year;
(6) the operator shall have adequate liability insurance or any other equivalent arrangement for the performance of the activity.
A person assigned to managerial positions does not fulfil the requirement of good repute as referred to in Article 3 (3) if he has been convicted during the last five years in prison or in the last three years In the event of a serious breach of the rules or regulations relating to the pursuit of a financial penalty, the pursuit of the business, accounting, debt ratio, the pursuit of transport, traffic safety or road safety, and shows that he is manifestly inappropriate; Act on the management of the infrastructure manager or operator As the person responsible.
The person assigned to the management tasks shall fulfil the requirement of professional competence referred to in Article 3 (3), where the information and experience necessary for the safe management of the network shall be required to the extent necessary for the operation to be carried out. And to its control or safe operation and control of transport.
The operator does not fulfil the solvency requirement referred to in Article 3 (5) if:
(1) the operator or the person assigned to its management functions has been declared bankrupt or has been ordered to: (1059/1985) In accordance with a business ban;
2) a person who has been assigned to management posts has applied for a private person's debt regime (187/1993) The debt facility; or
(3) the operator has substantial and unpaid taxes or statutory social security contributions due to its activities.
The operator shall submit a written notification to the Transport Safety Agency for the activities referred to in this Act. The notification shall include the name and full contact details of the operator. In addition, the operator shall demonstrate that it fulfils the requirements laid down in Article 3. The notification shall be made no later than three months before the start of the operation.
The operator shall immediately inform the Transport Safety Agency in writing of any changes to the information referred to in paragraph 1. The notification shall also be made for the cessation of activities and the transfer of infrastructure management to another operator.
The Transport Safety Agency shall have the right, without prejudice to the rules of confidentiality, to obtain information concerning the operator and its Executive Director or any other person designated for the management tasks of the criminal record, the financial penalty register, the exit register And the tax information system for the purposes of the handling of the notification referred to in this Article and the regulatory supervision referred to in Article 13.
If the information is incomplete or otherwise incomplete, the Traffic Safety Agency shall, without delay, provide the operator with an opportunity to complete its notification within a reasonable period of time, which shall not be two weeks; Shorter.
The Traffic Safety Agency may, as a result of a surveillance operation, issue the more detailed provisions necessary for the content of the information to be notified under this Article and its submission to the Transport Safety Agency.
The operator shall be responsible for the safe use and management of the risks associated with the operation of the metro and rail transport system. The operator shall take into account the safety objectives of the metro and rail transport system imposed by the Transport Safety Agency pursuant to Article 3 (3). Operators shall take the necessary risk management measures, where appropriate, in cooperation with each other.
The replacement of damage to persons and objects in urban rail transport is provided for in the rail transport (13/1999) .
The Transport Safety Agency may provide more detailed provisions on the minimum safety performance of the metro and rail transport system and its components, as well as the safety objectives of the metro and rail transport system.
The operator's safety management system shall ensure the management of all risks inherent in the activities of the organisation.
The Executive Director, or any other person responsible for managing the management, shall be responsible for the effective operation and maintenance of the safety management system in the organisation leading up to it.
The safety management system shall be established in writing. It shall consist of a security policy, qualitative and quantitative objectives for the maintenance of security, approved by the executive director or by other directors of the senior management of the organisation and communicated to the whole staff; And plans and policies to achieve those objectives.
The safety management system shall pay particular attention to the organisation's allocation of responsibilities, to supervision at all levels of the organisation, to the involvement of staff in decision-making on the management system; and Continuous improvement of the safety management system.
The Transport Safety Agency may provide more detailed provisions on the content of the safety management system.
Traffic safety tasks within the meaning of this law, which directly affect urban railway safety, are:
(1) Carriage of vehicles used for the maintenance of a metro train, tramway or infrastructure;
(2) traffic control, if it can directly address the flow of the means of transport referred to in paragraph 1.
A traffic safety task force shall be required to:
1) is suitable for the task;
(2) complies with the requirements laid down by law or by virtue of this law;
(3) knowledge and understanding of the language used in traffic management;
4) is at least 18 years old.
Road safety tasks may only be performed by a person who, by medical certificate, has shown that he is fit to carry out such duties on the basis of his health status. The operator shall ensure that a person is conducting a health check before starting a road safety mission as referred to in paragraph 1. Thereafter, the road safety function must undergo regular medical examination.
The operator shall have the right to delegate the transport safety function to another task if he has failed to carry out the required medical examination.
The operator shall, in its action, assume that the traffic safety tasks involved in its service or activities satisfy the eligibility criteria laid down in this Act and other The requirements for a road safety function.
The Transport Safety Agency may provide more detailed provisions on the eligibility and health requirements and medical examinations of road safety tasks and on the frequency with which the transport safety tasks are: Prove their eligibility.
Traffic control of the network shall be safe and balanced. The operator shall be responsible for the organisation of traffic management services. The infrastructure manager shall be responsible for traffic control if the network operates more than one operator. The operator may organise the traffic management services itself or acquire them from another operator or from public or private providers.
The Transport Safety Agency shall maintain the urban railway traffic register for metro and rail transport. The Agency shall use a register in the exercise of its duties and obligations under the law.
The register shall include the name of the operator and the company and company identification number, any ancillary activity name, address and other contact details, as well as any other information communicated by the operator pursuant to Article 5.
The operator shall provide the information by means of a technical service or, otherwise, by electronic means, as agreed with the Transport Safety Agency. Before opening a technical service, the data sender shall provide a statement that the data protection is adequately protected.
The Finnish Transport Safety Agency may provide more detailed provisions concerning the information referred to in paragraph 2 and the transmission thereof.
Without prejudice to the confidentiality of information, the Transport Safety Agency shall have the right to obtain information on the name, change of name, identity number, address and name of the person in accordance with this law for the purpose of carrying out its duties under this law. Other contact information, home municipality, contact language, Finnish citizenship and death, and population information system and certification services of the Population Register Centre (12/2009) Article 36 (1) of the Law on the prohibition of security.
The information shall be provided by means of a technical service or by electronic means, as agreed with the Transport Safety Agency.
The Transport Safety Agency shall be responsible for overseeing the metro and rail transport system.
The Agency shall monitor:
(1) compliance with the requirements of the metro and rail transport system;
(2) conformity and performance of the infrastructure manager and the operator's safety management systems;
3) provision for exceptional circumstances and disturbances in the metro and rail transport system.
The Agency may carry out its monitoring mission on the basis of prior notification or unannounced. The Agency shall, in the exercise of its supervisory function, comply with the Administrative Code (434/2003) Provides.
The Agency shall have the right to exercise a supervisory function:
(1) access to the extent required for supervision and, where justified, to the premises of the infrastructure manager, the operator and the undertaking carrying out the task of the metro and rail transport system, to other premises; And equipment owned or controlled by the subject of the control, with the exception of premises used for permanent housing;
(2) supervise the activities of staff employed by the operators referred to in paragraph 1;
(3) to obtain, without prejudice to the provisions of confidentiality, the documents necessary for the supervisory function;
(4) access the information necessary for the oversight function in relation to the operator's urban rail traffic.
The Agency may use the assistance of an expert if it is necessary to carry out such controls. The expert shall be familiar with the requirements of urban railway transport and its pursuit. The expert shall be subject to the provisions relating to criminal liability in the performance of the duties referred to in this Article. Liability for damages is governed by the law on damages (1999) . The duty of police officers to provide assistance is governed by police law (872/2011) in Chapter 9 of Chapter 9 .
The investigation of the accident and incident in Metro and tramway is provided for in the safety investigation (25/2011) . However, if an accident or incident is not declared admissible under that law, the Finnish Transport Safety Agency may examine it if it is necessary to promote the safety of metro or tramway traffic.
According to the non-safety investigation law, the investigation of accidents under investigation is governed by the law on the investigation of road and air traffic accidents (2001) .
The operator shall, in addition to the rest of the law provided for in the law, inform the Transport Safety Agency without delay of any serious accident and other non-generic means of transport Accidents and incidents. The obligation to report accidents and incidents to the Safety Investigation Centre is laid down in the Safety Investigation Service.
The Agency may provide more detailed provisions concerning the notification and content of the notification to the Agency referred to in this Article.
The Transport Safety Agency shall not take legal action following an unplanned or unintentional infringement, which shall be brought to its attention only on the basis of a notification made pursuant to Article 15, unless it is a serious negligence Failure to fulfil obligations or criminal law (39/1889) The procedure laid down for penalties.
The operator shall not discriminate against an employee in his service or any other person who makes a declaration in the event of a possible incident.
The operator may use the communication network for communication with the urban railway network, after ensuring that it is safe to use the communication network. Communication links to urban railway traffic safety and traffic management communication shall not be used for other communication.
The operator shall ensure that urban rail communications, data generated by urban railway safety equipment and other information necessary for the investigation of accidents and incidents are recorded: And preserved in a manner that protects them from unauthorised interference. The data shall be deleted after the data are no longer required for their purpose.
Subject to other legislation, the Traffic Safety Agency and the operator shall be authorised to use the recording and identification data relating to urban railway communications within the meaning of this Article:
(1) Transport Safety Agency for the performance of its tasks in the field of regulatory control; and
(2) the operator for carrying out controls related to its safety management system, the control and development of road safety and the incidents in the investigation of accidents and accidents; Prevention.
The right to information referred to in paragraph 3 (2) shall apply only to records in which the operator itself or its staff are parties.
However, where the Accident Investigation Board decides to initiate a safety investigation, records and identification data relating to the event may be disclosed and used only after the accident investigation centre has been given an investigation The necessary records and identification data, and the assessment of their transfer and use is not likely to interfere with the investigation.
The operator shall make provision for exceptional circumstances and ensure that its activities continue as smoothly as possible in the standby law (1802/2011) In exceptional circumstances and in comparable situations of disturbance.
The operator shall be involved in the preparation of contingency planning and prepare in advance in exceptional circumstances and shall be assimilated to any activity in the event of disruption of normal conditions.
The Finnish Transport Safety Agency may instruct the operator to correct its errors or omissions, impose obligations or prohibit the operation if the person concerned fails to act in contravention of this law or the provisions adopted pursuant thereto. The Office may impose a periodic penalty payment, a threat or a suspension threat. They are laid down in the Code of Threats (1113/1990) .
If the operator fails to meet the requirements laid down in Article 3, the Transport Safety Agency shall without delay, upon receipt of the notification referred to in Article 5, or after receiving the information, provide the operator with an opportunity to submit a report. Shortcomings and measures to be taken to meet the requirements. If the operator does not meet the requirements within a reasonable period of time, which may not be less than two months, the Agency may prohibit the operator from continuing its activities for the time being or for a limited period if the lack of compliance with Are essential for the safety of operations. If the lack of conformity is limited, the Agency may set a new deadline for correcting inadequacy, which shall not be less than two weeks.
The Transport Safety Agency shall have the right to suspend or operate a measure or other event threatening metro or tramway traffic if there are reasonable grounds to believe that the safety of the metro or rail transport system or the lives of persons Or health is threatened. On the same basis, the Agency may suspend a measure or event causing significant damage to property or the environment. Before taking any action, the Agency shall consult the parties concerned, unless immediate measures are required.
The operator shall carry out an annual fee of eur 40 000 per year for the Transport Safety Agency. The fee shall be charged to one operator each year only once every year, irrespective of whether both the infrastructure manager and the operator are operating. The annual fee shall cover the costs incurred by the Agency for the development and control of urban railway safety and the keeping of the register of urban railway services and other urban railway services Public authorities.
The annual fee shall also be paid in full during the first year of operation, even if the activity is started in the course of the year. The annual fee shall not be reimbursed even if the operator ceases to operate during the year.
The Agency's decision to pay the annual fee shall be subject to an appeal as laid down in Chapter 7a of the Administrative Code.
The annual control fee is directly enforceable. Its recovery is governed by the Law on the implementation of taxes and charges (20/2007) . If no payment is made at the latest on the maturity date, the amount of the annual default interest shall be charged to the unpaid amount (633/1982) According to the interest rate referred to in paragraph 1. In lieu of late payment, the Finnish Transport Safety Agency may levy a delay fee of eur 5 per operator if the amount of the default interest is below this.
Appeal by Article 21 (3) of the Transport Safety Agency to a decision or any other decision adopted under this Act may be appealed to the administrative court, as referred to in the Administrative Law Act (18/06/1996) Provides.
An appeal to the decision of the administrative court shall be lodged only if the Supreme Administrative Court grants an appeal.
Every deliberate or gross negligence
(1) carry out urban traffic in the absence of the conditions laid down in this Act; or
(2) moves or stays unlawfully in the metro, metro, metro, metro or underground tunnel, which is not available to the public;
Shall be condemned, unless the act is minor and the other law does not impose a heavier penalty; On violation of urban railway legislation Fine.
Anyone in breach of a penalty payment imposed by this law, at the risk of compulsion or suspension or suspension, may not be punished for the same offence.
Penalty for reckless endangerment of road safety, reckless endangerment, drunk driving, gross dui, train drunkenness, transportation of a vehicle to a drunk, transport of a vehicle On the right to and from road transport in road transport Chapter 23 of the criminal code . The penalty for involuntary manslaughter, gross negligence, injury negligence and liability Chapter 21 of the criminal code .
This Act shall enter into force on 1 March 2016.
This law shall apply to rail transport from 1 January 2018.
The operator shall make the notification referred to in Article 5 by 31 July 2016, if the operator carries out the activities referred to in the notification at the time of entry into force of this Act.
The validity of the validity of this law at the time of entry into force of this Act shall remain in force in the case of persons carrying out the same transport safety tasks when this Act enters into force.
THEY 43/2015 , LiVM 7/2015, EV 23/2015
