Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
The purpose of this law is to promote rail transport, the safety and interoperability of the railway system and the efficient use of the network. Moreover, the aim of the law is to create fair and non-discriminatory conditions for the operation of the rail market.
The law applies to the Finnish rail system, to track-work, to the operation of the network and to the vehicles used for it. The provisions of Chapter 4 shall apply only to the use of the State network and to the allocation of infrastructure capacity and to the concession, performance scheme and network statement. The provisions relating to the services and the infrastructure charge referred to in Chapter 5 of the Act shall apply only to the services provided by the State network and related services and to the service charge levied on the operation of the State network, unless: Otherwise provided in this Act.
The law shall not apply to:
(1) metro or tramway traffic and not other light rail transport systems;
(2) rails which are functionally separate from the rest of the rail system and are intended solely for local passenger transport and not for rail transport operators operating on the track referred to in this paragraph;
(3) the vehicles referred to in Article 2 on rails and exclusively on such rails which are used by the holder or the owner of a vehicle only in its own freight transport, save as otherwise provided in this Act; and
4) on tracks and vehicles intended solely for local, historical or tourist use, unless otherwise provided for in this Act.
For the purposes of this law:
(1) Railway undertaking A public or private undertaking or any other entity which, in accordance with the relevant authorisation granted in the European Economic Area, has the principal activity to carry out rail passenger or freight transport and which is obliged to provide traction services; The railway undertaking also means an undertaking providing only a traction service;
(2) Line network The State railway network managed by the Transport Agency and the private track covered by the law;
(3) Infrastructure manager A traffic agency or a private track holder, where raide falls within the scope of this law;
(4) By rail transport The operation of the railway undertaking, the operation related to the maintenance of the track, the operation of the operator, the operation of an undertaking other than the main occupation, the operation of the Community and the operation of the infrastructure manager on the network;
(5) In the case of museums A minor operation in the scope of the museum platform, which is not eligible for commercial profit by the entity pursuing its activities;
(6) A railway track maintenance undertaking, An undertaking which carries out construction and maintenance work on the line and carries out its operations in connection with the railway network;
(7) The operation of Train traffic and exchanges;
(8) Infrastructure capacity The railway axis linked to the construction of the railway axis due to the characteristics of the network;
(9) Applicant for infrastructure capacity The railway undertaking, the museum operator, the railway track maintenance undertaking and the other railway operator;
(10) On the private track Which is not owned by the State and managed by the Transport Agency, which is covered by this law;
(11) Railway system The network with track and track yards, vehicles used for them and other structural and operational subsystems and the management and use of the whole system;
(12) On a trans-European rail system Directive 2008 /57/EC of the European Parliament and of the Council on the interoperability of the rail system within the Community, hereinafter referred to as The interoperability Directive , the conventional high-speed trans-European railway systems referred to in paragraph 1 of Annex I;
(13) Interoperability The suitability of the rail system for train ing and uninterrupted operation at the level of performance required for these lines; this aptitude requires that all legal, technical and operational conditions are met; , with compliance with the essential requirements;
(14) Essential requirements The conditions referred to in Annex III to the Interoperability Directive which must be met by the railway system, subsystems and interoperability constituents and interfaces;
(15) Subsystem Systems for which the trans-European rail system is divided into structural or functional criteria;
16) Technical specification for interoperability Requirements for each subsystem or subsystem to enable compliance with the essential requirements and to ensure interoperability of the trans-European rail system;
(17) The interoperability constituent The basic part of a device belonging to or intended to be incorporated into a subsystem, a group of basic components, a set of components or a whole, of which the interoperability of the infrastructure depends directly or indirectly; the concept of the component covers material Not only articles, but also intangible objects such as computer programs;
(18) Vehicle unit The rolling stock unit used in the railway system, which moves on its own wheels on the open track, either with or without its own power, and consists of one or more structural or functional The subsystem or the part of such subsystems; (13/03/98)
19) The holder of the vehicle A natural or legal person who owns or otherwise has the right to use it as a means of transport and is registered as its holder in the vehicle register referred to in Article 68;
20) Series A set of vehicles of the same type in accordance with a given design type;
21) Type of vehicle type The basic characteristics covered by the type examination certificate for the design of the vehicle;
22) Special case The part of the rail system for which either temporary or permanent specific provisions have been included in the technical specifications for interoperability, either because of geographical or topographical barriers or because of the existence of an urban environment or Impose restrictions with the system;
23) Improvement Significant changes in the subsystem or part of the subsystem to improve the overall performance of the subsystem;
24) Reform, Significant work related to the replacement of part of the subsystem or subsystem that does not change the overall performance of the subsystem;
25) Introduction Any measures for the planned operation of the subsystem or vehicle;
26) Entity in charge of maintenance A unit in charge of maintenance of the vehicle, registered as such in the national vehicle register;
27) Contracting entity Any natural or legal person ordering the design, construction, renewal or upgrading of the subsystem; (15/04/2013)
28) Common safety indicators In order to facilitate the assessment of the achievement of the safety objectives and to monitor the general development of the information to be collected on the safety of the Community's railways and the Council Directive on the licensing of railway undertakings 95 /18/EC and amending Directive 2001 /14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive) (Railway Safety Directive) Directive 2004 /49/EC, hereinafter: Railway Safety Directive , Annex I;
29) Common safety targets, The level of minimum safety of the railway system and its various components, as defined in Article 7 of the Railway Safety Directive as conditions for acceptable risk levels;
30) Common safety methods The methods developed to describe the level of safety and compliance with safety targets as referred to in Article 6 of the Railway Safety Directive and compliance with other safety requirements; (15/04/2013)
31) The notified body Institutions entrusted with the performance of the conformity of the interoperability constituents or the verification procedure of the subsystems; (15/04/2013)
32) The advanced project A project that has progressed to a design or construction phase that it is not possible to change its technical delivery terms for a reason other than a legal, economic, financial or contractual basis; or For social or environmental reasons or for a comparable reason. (15/04/2013)
The railway undertaking shall have the right to operate rail transport, provided that:
(1) the railway undertaking has a safety certificate, as referred to in Article 4, covering all rail routes for which it is intended to operate;
(2) the railway undertaking is authorised in accordance with Article 10 or in the rest of the European Economic Area for the purpose of rail transport;
(3) the railway undertaking has been granted the infrastructure capacity required for the intended operation in accordance with Article 26;
(4) the railway undertaking has concluded a service contract for the infrastructure referred to in Article 30 with the Agency; and
(5) the conditions for the operation of this law or for the operation of rail transport are otherwise fulfilled.
The provisions of paragraph 1 of this Article concerning the right of a railway undertaking to engage in rail transport shall also apply to the right of the museum operator to operate rail transport, with the exception of paragraph 1 (2) and other railway undertakings. The right of operators to engage in rail transport, except for points 2 to 4 of paragraph 1.
In addition, all rail operators shall have a liability insurance or equivalent arrangement within the meaning of Article 90.
The railway operator shall have a safety certificate for the operation of rail transport, consisting of a part A and B referred to in Article 7. However, Part B of the Safety Certificate shall not be required to operate rail traffic on tracks only in the port or railway line, the track gauge of which differs from the track gauge used in Finland.
The railway operator shall apply for a safety certificate A and B from the Transport Safety Agency. The applicant, who has a valid Safety Certificate Part A, issued in another Member State of the European Economic Area, shall receive a safety certificate B-Part of the Transport Safety Agency before it can start rail transport Practice in Finland.
The applicant shall indicate in his application whether the application relates to the transport of persons or goods or to both or both. The applicant shall include in the application a copy of his safety management system and an explanation of the fulfilment of the other conditions of the safety certificate referred to in Article 6 and shall identify which part of the network is applied for. The applicant shall, at the request of the Traffic Safety Agency, submit without delay, and no later than one month after the Agency's request for further information, any additional information necessary to resolve the matter.
The Transport Safety Agency shall issue to the applicant a section A of the safety certificate if the applicant has a safety management system, as referred to in Article 40, which meets the requirements set out therein.
The Transport Safety Agency shall issue a safety certificate to the applicant if the applicant shows that:
(1) it complies with the rules on the part of the network and the provisions in which it intends to operate and can ensure compliance with them;
(2) its staff groups and the staff of the sub-contractor using it are trained and qualified in accordance with the relevant provisions; and
(3) the equipment it uses is in accordance with the relevant provisions and that the maintenance of its vehicles has been properly organised.
In addition, before issuing a safety certificate, the Agency shall verify that railway undertakings other than railway undertakings have liability insurance or other equivalent arrangements referred to in Article 90. In addition, the Agency shall verify that the applicant's vehicles comply with the technical specification for interoperability relating to the operation and traffic management, in so far as the specification is applicable to them.
The Safety Certificate Part A of the Safety Certificate shall be approved by the Transport Safety Agency in Part A of the Safety Certificate and Safety Certificate B documents and procedures relating to the applicant for the safety certificate 6 § to fulfil the conditions laid down in paragraphs 2 and 3.
The Agency shall take a decision on the issue of the safety certificate within four months of the submission of all necessary information to the Agency. The Agency may include in the safety certificate conditions relating to the safety of the railway system to ensure the safety of the railway system, taking into account the nature and extent of the activities carried out by the applicant.
The safety certificate shall be issued by the Transport Safety Agency for a maximum period of five years. Part A of the Safety Certificate issued in one of the Member States of the European Economic Area is valid throughout the European Economic Area. Part B issued by the Agency is valid only in Finland.
Where the nature or extent of the activity of the holder of the safety certificate is substantially altered, it shall apply for a modification of the safety certificate in so far as it affects the conditions of the safety certificate. In addition, the holder of the safety certificate shall immediately inform the Traffic Safety Agency of any other significant changes affecting the conditions of the safety certificate and the recruitment or new recruitment of new staff teams The introduction of vehicle types.
The Agency may, upon application by the holder of a safety certificate or after receiving a declaration pursuant to paragraph 1 and the holder of the safety certificate, submit an application for a safety certificate or part thereof issued by the holder of the safety certificate, if: The conditions for issuing a safety certificate have changed. In addition, where appropriate, the Agency may, upon application by the holder of a safety certificate, amend the safety certificate or part thereof which it has issued if the provisions or provisions relating to the conditions of issue of the safety certificate are substantially amended. The Agency may require the holder of the safety certificate to apply for a modification of the certificate.
Where the holder of a safety certificate no longer fulfils the conditions for granting a safety certificate, the Safety Agency shall provide the holder of the safety certificate with an opportunity to correct the inadequacy within a reasonable time limit, which shall not: Be less than two months. The Agency shall, after the expiry of that period, withdraw the safety certificate or part of the safety certificate issued by the security certificate holder, if the certificate holder has not remedied or otherwise failed to comply with: The conditions under which the safety certificate is issued, and the deficiency must be regarded as essential.
The Agency may, however, withdraw the safety certificate which it has granted immediately if there is a particularly serious deficiency which may pose a risk to the safety of the railway system.
The Agency shall withdraw the safety certificate which it has issued if the Agency finds that the holder of the safety certificate has not started the operation of rail transport, or has applied for an authorisation to carry out rail transport, or has taken any other Measures to launch rail transport within 12 months of the issuance of the safety certificate. (13/03/98)
Paragraph 4 has been repealed by L 3.5.2013/3 .
The railway undertaking must have a licence issued by the Ministry or elsewhere in the European Economic Area for the purposes of rail transport.
The applicant shall provide the Ministry with the information:
(1) the good repute of the person assigned to the applicant's management functions;
(2) characteristics and maintenance of the vehicle, in particular with regard to safety requirements;
(3) the qualification and professional training of staff responsible for security;
(4) assets and liabilities;
(5) a sufficient breakdown of its own and foreign capital;
(6) the revenue and expenditure resulting from its activities, including those resulting from the purchase of rolling stock, buildings, structures and land;
7. On the liability insurance referred to in Article 90 or the equivalent arrangement.
At the request of the Ministry, the applicant shall provide, without delay, and no later than one month after the request from the Ministry for additional information, the necessary additional information to the Ministry. The Ministry may also require the applicant in the auditing law (17/01/2015) , an assessment of the financial situation of the applicant. (18.09.2015/1220)
L to 1220/2015 (2) shall enter into force on 1 January 2016. The previous wording reads:
At the request of the Ministry, the applicant shall provide, without delay, and no later than one month after the request from the Ministry for additional information, the necessary additional information to the Ministry. The Ministry may also require the applicant in the auditing law (209/2007) An assessment of the financial situation of the applicant or of the audit firm.
In the case of an application for authorisation, the applicant shall make an application fee of eur 1 000.
The Ministry shall grant an authorisation to a railway undertaking established in Finland for the pursuit of rail transport if:
(1) the purpose of the applicant is to carry out the main occupation of rolling stock under its control or to provide traction services;
(2) the applicant has a safety certificate as referred to in Article 4;
(3) the applicant is reliable and the person assigned to the managerial functions is of good repute and professional competence;
(4) the applicant is sufficiently serious to enable it to assess, on the basis of known facts, its actual and expected obligations and commitments for at least one year;
(5) the applicant has an adequate liability insurance or equivalent arrangement within the meaning of Article 90.
A person assigned to managerial positions does not fulfil the requirement of good repute as referred to in paragraph 1 (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; Operate rail transport. The same applies to infringements of customs regulations in the event of the applicant's intention to engage in international rail transport.
The applicant shall meet the requirement of professional competence referred to in paragraph 1 (3) where the applicant has the necessary information and experience to ensure the safe operation and control of rail transport, to the extent required by the application.
The applicant shall not fulfil the solvency requirement referred to in paragraph 1 (4) if:
(1) the applicant or the person assigned to its management duties 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 applicant has substantial and unpaid taxes or statutory social security contributions due to its activities.
The Ministry may, in particular, derogate from the requirement laid down in paragraph 4.
The decision on the licence application shall be made within three months of the submission of all necessary information to the Ministry. The Ministry may include in the authorisation, in particular, the provisions of this Act relating to the scope and nature of the operation, or the provisions adopted pursuant to the law or to the provisions of the law. Authorisation may be granted on application limited to the transport of persons or goods only.
A licence issued in one of the countries of the European Economic Area is valid throughout the European Economic Area. The Ministry shall inform the relevant competent authority if the railway undertaking authorised in another Member State of the European Economic Area no longer meets the conditions for authorisation.
The authorisation holder shall start operating within six months of the authorisation. At the request of the concession holder, the Ministry may decide, taking into account the specific nature of the services provided, that the operation may be started later than six months after the authorisation was granted. Where the concessionaire has not commenced its operations within six months of the granting of the authorisation or suspended its activities for a continuous period of at least six months, the Ministry may request the authorisation holder for further clarification. The conditions of validity.
The Ministry shall inspect the authorisation and its terms every five years of its issuance. In addition, the Ministry may at any time verify whether the railway undertaking complies with the obligations imposed on it by this law or under this law for the pursuit of rail transport if there are reasonable grounds for suspecting that the obligations are not complied with.
If the railway undertaking intends to substantially modify or expand its activities, it shall submit to the Ministry a new application or an additional report requested by the Ministry. On the basis of the application, the Ministry may grant a new licence or modify the authorisation or, on the basis of an additional report, consent to the continuation of the operation.
The Ministry may request a report if the legal status of the authorisation holder changes in such a way that it may have an impact on the performance of railway transport. The Ministry shall assess the conditions for the continuation of the operation as soon as possible after obtaining the necessary clarification from the authorisation holder.
If the Ministry considers that the railway safety may be compromised in the circumstances referred to in paragraphs 1 and 2, it shall withdraw the authorisation in accordance with the provisions of Article 15 concerning withdrawal of authorisation.
Where the authorisation holder no longer fulfils the conditions for the authorisation, the Ministry shall allow the authorisation holder to correct the deficiency within a reasonable period of time, which shall not be less than two months. If the holder of the authorisation has not remedied the deficiency within the prescribed time limit, and the deficiency must be regarded as essential, or if the holder of the authorisation has been declared bankrupt and the holder of the authorisation is not eligible for the authorisation Within a reasonable period of time, the Ministry shall withdraw the authorisation for a whole or a fixed period.
At the same time, in stating that the concession holder no longer fulfils the requirement of financial solvency, the Ministry may decide that the operation of rail transport shall continue to be authorised or limited for a maximum period of six months. However, the extension of the operation of rail transport shall not be allowed if the continuation of the operation could jeopardise the safety of rail transport.
The Ministry may withdraw the authorisation for a period of time or time if, in spite of the Ministry's remark, the authorisation holder has seriously and repeatedly infringed the provisions of the licence or provisions relating to rail transport. In case of minor infringements, the Ministry may issue a warning to the authorisation holder.
The infrastructure manager shall have a safety authorisation for the design, construction, maintenance and management of the infrastructure.
The infrastructure manager shall apply for a safety authorisation from the Transport Safety Agency. The applicant shall include in the application studies on the fulfilment of the conditions of the safety authorisation.
At the request of the Agency, the applicant shall, at the request of the Agency, submit without delay, and no later than one month after the Agency's request for further information, any additional information necessary to resolve the matter.
The Agency shall issue a safety authorisation to the applicant if the applicant's safety management system meets the requirements laid down in Article 40 and shows the applicant's safety management system and other internal procedures. To ensure the safe design, construction, maintenance and management of the network. With the safety authorisation granted, the Traffic Safety Agency shall approve the infrastructure manager's safety management system and the procedures undertaken by the Infrastructure Manager to comply with the rules and regulations governing the network.
The Transport Safety Agency shall take a decision on the granting of a safety authorisation within four months of the submission of all necessary information to the Agency.
The Agency may include in the safety authorisation conditions relating to the safety of the railway system to ensure the safety of the railway system, taking into account the nature and extent of the activities carried out by the applicant.
The safety authorisation shall be granted by the Transport Safety Agency for a maximum period of five years.
The Infrastructure Manager shall without delay inform the Traffic Safety Agency of any significant changes affecting the safety authorisation and the essential modification of the use or maintenance principles of the infrastructure and equipment.
Upon receipt of a notification in accordance with paragraph 1, the Agency may, upon application by the holder of a safety authorisation, modify the safety authorisation of the infrastructure manager that it has granted if the conditions for granting a safety authorisation have changed. In addition, where appropriate, the Agency may, on application by the safety authorisation holder, amend its security authorisation if the provisions or provisions relating to the conditions for granting a safety authorisation are substantially amended. The Agency may require the holder of the safety authorisation to apply for a modification of the safety authorisation.
Where the holder of a safety authorisation no longer fulfils the conditions for granting a safety authorisation, the Safety Agency shall provide the holder of the safety authorisation with an opportunity to correct the deficiency within a reasonable time limit, which shall not exceed two months. Shorter. The Agency shall, after a period of time and after consulting the holder of the safety authorisation, withdraw the safety authorisation or part thereof issued by the Agency, if the authorisation holder has not remedied or otherwise does not comply with the safety authorisation. The conditions for granting and the deficiency must be regarded as essential.
The Agency may, however, withdraw the safety authorisation immediately if there is a particularly serious deficiency which may pose a risk to the safety of the railway system.
Paragraph 3 has been repealed by L 3.5.2013/3 .
For rail transport in accordance with this Chapter, a railway undertaking which is authorised by the Ministry pursuant to Article 10 of the Ministry or in the European Economic Area for rail transport shall be operated by a railway undertaking for the purpose of rail transport. , and which, in any event, fulfils the conditions laid down in Article 3 for the exercise of rail transport. In addition, museum operators and track maintenance companies and other railway operators may use the infrastructure capacity allocated in accordance with this Chapter for operation.
In the case of the rail link between Finland and Russia, the use of the State railway network is justified by the Law on the modification of the State Railways Act (20/1995) Referred to in Article 4 (4).
A railway undertaking engaged in international passenger transport between Finland and another Member State of the European Economic Area shall have the right to take and leave passengers at stations located on the railway axis at which Passenger transport is carried out. The main purpose of international passenger transport is to carry passengers between stations located in different countries of the European Economic Area. (13/03/98)
The regulatory body referred to in Article 71 of the Law shall decide whether the main purpose of the railway undertaking, as referred to in paragraph 3, is to carry out international passenger transport services in Finland and another European Economic Area , where a request is made:
1) Transport Agency;
(2) the railway undertaking which applied for the operation of international passenger services within the meaning of paragraph 3;
(3) at the same railway line, the other railway undertaking engaged in passenger transport.
(13/03/98)The Agency may restrict the right to use the State network for international passenger transport referred to in Article 20 (3) and the right of the railway undertaking to take and leave passengers within the meaning of the said paragraph In passenger transport by means of a rail road where another railway undertaking is engaged in the activities of the European Parliament and of the European Parliament and of the Council on public passenger transport services by rail and by road and repealing Council Regulations (EEC) No 1191/69 and (EEC) No 1107/70 Pursuant to Council Regulation (EC) No 1370/2007 public Passenger services in accordance with the service contract. The right to take and leave passengers shall be restricted only if the regulatory body referred to in Article 71 considers that the exercise of the right may jeopardise the financial equilibrium of a public service contract.
The regulatory body shall take the matter referred to in paragraph 1 if it is requested to:
(1) the competent authority of the public service contract;
(2) the railway undertaking awarded the public service contract;
3) Transport Agency.
The authority referred to in paragraph 2 (1) and the railway undertaking referred to in paragraph 2 shall provide the regulatory body with all necessary information for the purposes of the decision. After receiving all necessary information, the regulatory body shall initiate consultations with the parties within one month of receipt of the request referred to in paragraph 2. The regulatory body shall, after consulting all parties, give its reasoned decision within six weeks of receiving all the necessary information.
The transport agency, the authority referred to in paragraph 2 (1), the railway undertaking referred to in paragraph 2 of the same paragraph and the railway undertaking applying for access to the infrastructure may request the regulatory body to review the case referred to in paragraph 1 Under the conditions laid down by the regulatory body and within a reasonable period set by it, which shall not be less than one month.
The Transport Agency may conclude a framework agreement with the applicant for the use of infrastructure capacity to determine the characteristics of the infrastructure capacity that the applicant needs. However, the framework agreement does not entitles the applicant to provide infrastructure capacity in accordance with the agreement. The Transport Agency shall also issue a framework agreement on infrastructure capacity in accordance with the procedure laid down in this Chapter and on the basis of the criteria set out in this Chapter. The Framework Agreement shall not restrict the application of other provisions of this Chapter to other applicant countries.
The Framework Agreement shall be concluded for a period not exceeding five years. For specific reasons, the Transport Agency may conclude longer-term framework agreements. However, the award of contracts for a period of five years may only be justified on the basis of contracts for the transport business of the parties, special investments or specific business risks, as well as specific reasons for: The broad and long-term investment and contractual commitments contained in such activities.
Notwithstanding the provisions of the law on the publicity of public authorities (18/09/1999) Shall be governed by public information on the framework agreement and the main features of the infrastructure capacity agreed therein. However, the Transport Safety Agency shall have the right, notwithstanding the provisions of confidentiality, to obtain information on the conclusion of the contracts and the criteria and the conditions of the framework agreements, provided that it is necessary for the Agency to carry out its tasks.
The railway undertaking shall apply for infrastructure capacity as provided for in this section.
For each scheduling period no earlier than 12 and no later than eight months before the date of entry into force of the scheduling period. A new infrastructure capacity or a change in infrastructure capacity may also be applied for regular services after the adoption of the decision on the allocation of infrastructure capacity, but no later than four weeks before the regular transport infrastructure capacity The entry into force.
More detailed provisions on the application of the infrastructure capacity and the time limits for the application of the railway train timetable, the timetable for the change in the scheduling period and the related deadlines will be laid down in accordance with the terms of the Council Regulation: Directive 2001 /14/EC of the European Parliament and of the Council on the allocation of infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification, hereinafter referred to as: Directive on capacity and infrastructure charging , set out in Annex III.
The Railway Undertaking may also apply to the Transport Agency to provide infrastructure capacity for the international railway axis of the European Economic Area, only part of which is part of the infrastructure referred to in this Act.
If sufficient alternative rail routes are available for other traffic, a certain rail route or part of the railway axis may be allocated by means of a decision by the Transport Agency, in accordance with its specialised infrastructure capacity, with the capacity and capacity of the railway axis. Article 24 of the Railway Payment Directive. With regard to the railway axis, or part of the infrastructure capacity, the priority for the railway axis is traffic, for which the infrastructure capacity is specialised.
If the coordination of the applied track capacity is not possible within the meaning of Article 24 (1), the Transport Agency shall, by its decision, determine the railway axis or part of the railway axis which is overloaded in this respect. The capacity capacity may also be overloaded if the overloading of the infrastructure is evident during the scheduling period. The Transport Agency may decide on the front lines of the railway axis, where the assigned type of transport may be given priority in the allocation of overloaded infrastructure capacity.
If the same infrastructure capacity has applied for more than one applicant or an application for infrastructure capacity to influence another applicant for the infrastructure capacity, the Transport Agency shall, in the first instance, seek to reconcile the applicant with the application for the infrastructure capacity. In such a case, the Agency may provide the applicant with a infrastructure capacity that is not substantially different from the infrastructure capacity of this application.
Where the procedure for the coordination of applications for infrastructure capacity referred to in paragraph 1 does not provide for an amicable settlement between the applicants, the Transport Agency may, for the purpose of drawing up a timetable proposal, decide on the priority order for individual cases in this chapter. On the basis of the criteria. Within 10 days of the end of the conciliation procedure referred to in paragraph 1, the Agency shall determine the priority order.
In the case of overloaded infrastructure capacity, the Agency may, by decision of the front order order, derogate from the priority order under this Chapter for the benefit of an applicant engaged in international transport or by which traffic To maintain or improve the functioning of the rail system or public transport otherwise, or whose rejection of an application causes undue disadvantage to the applicant or its client's business.
On the basis of applications, the Transport Agency shall prepare a timetable proposal for the next scheduling period within four months of the end of the search period for the infrastructure capacity. The schedule proposal may include information on the infrastructure capacity proposed to the applicant only to the extent and within the limits to which the use of infrastructure capacity in order to carry out traffic management is required.
The proposal for a timetable shall be based primarily on the granting of infrastructure capacity, provided that, in accordance with the technical requirements and safety requirements, railway transport schedules may be operated. However, in order to improve the allocation of infrastructure capacity, the Transport Agency may provide the applicant with such infrastructure capacity, which is not substantially different from the infrastructure capacity. The infrastructure capacity may also be omelated if there is a need for spare capacity in the scheduling period due to the priority of the rail transport sector.
The Transport Agency shall forward the draft timetable to the applicants for infrastructure capacity by the deadline referred to in paragraph 1 at the latest and shall provide applicants with an opportunity to be heard. The consultation period shall be 30 days from the date of notification of the proposal. The Community has the right to deliver an opinion on a proposal for a timetable during the 30-day consultation period starting to run from the time when the Transport Agency is Has published a proposal for a timetable.
On the basis of a proposal for a timetable and a consultation pursuant to Article 25 (3), the Transport Agency shall decide on the allocation of infrastructure capacity on a fair and non-discriminatory basis. In this context, the Agency shall take particular account of the needs of passenger and freight traffic and of track maintenance, as well as the efficient use of the network. The decision shall also take into account the preferences of the specialised and overloaded infrastructure, subject to the provisions of this Chapter.
The decision to modify or redistribute regular transport infrastructure capacity during the scheduling period shall be taken in accordance with paragraph 1, in accordance with Article 22 (2) and Article 22 (3) of the The Regulation provides.
The applicant for infrastructure capacity may apply to the Transport Agency for an urgent infrastructure capacity other than that provided for in Article 22 (2), within the prescribed period, provided that the applicant needs to: Temporary infrastructure capacity for one or more railway routes. An application for the infrastructure capacity of an operator and a track maintenance company is always treated as a matter of urgency. The Agency shall issue a decision within five working days of the submission of the application. More detailed provisions on the application of emergency infrastructure capacity are laid down by the Government Decree.
The Transport Agency shall grant an application for infrastructure capacity where sufficient infrastructure capacity is available for the use referred to in the application. Subject to Article 26 (1), the infrastructure capacity shall be granted to the applicant.
The holder of the infrastructure capacity shall not dispose of the infrastructure capacity allocated to it. If the infrastructure capacity is used by the infrastructure manager in breach of this paragraph, the Agency shall, in this respect, withdraw the infrastructure capacity granted to it.
The Transport Agency shall decide on the thresholds for the minimum use of infrastructure capacity. The Transport Agency may withdraw or part of the infrastructure capacity allocated to the infrastructure manager if the infrastructure capacity has been used by the infrastructure manager for at least 30 days less than the rail axis or part of the railway axis. Require.
However, the infrastructure capacity shall not be cancelled if the failure to use is due to independent non-economic reasons for the applicant or the railway operator using the infrastructure capacity. The Transport Agency may withdraw the infrastructure capacity from the time when the holder of the infrastructure capacity does not have a safety certificate for the operation of rail transport.
The Transport Agency may remove all or part of the infrastructure capacity on a railway line which is temporarily absent from the technical fault of the infrastructure or because of an accident or incident. Where possible, the Agency shall offer alternative railway routes to the holder of the infrastructure capacity. However, the Agency shall not be liable for any damage to the holder of the infrastructure capacity, unless otherwise agreed pursuant to Article 30.
If, pursuant to Article 23 (2) of the Railway axis, the Transport Agency finds that the railway axis is overloaded, it shall prepare an assessment of the infrastructure capacity within six months. The assessment shall explain the reasons for the overload of the railway axis and the measures taken by the Transport Agency to remove or reduce congestion on the railway line under assessment.
If the Transport Agency has carried out an assessment of the infrastructure capacity referred to in paragraph 1, it shall then carry out a recovery plan for the infrastructure capacity within six months of the completion of the assessment. The recovery plan shall identify the reasons for congestion, the likely development of rail transport, the restrictions on the development of the network and the options and costs of setting up infrastructure capacity, taking into account: The assessment of the options presented based on the cost-benefit analysis, as well as the conditions for the conversion of infrastructure charges.
The Transport Agency shall conclude with the railway undertaking and the museum operator a contract for the use of the network, which shall agree on the use of the services provided by the Transport Agency referred to in Article 33 and other rail transport services And of the compensation referred to in Article 31 and the reasons therefor.
The Transport Agency shall conclude a contract of use with each railway undertaking and the museum operator on fair and reasonable terms. The agreement must contribute to the efficient use of the network and to reducing the availability of rail and rail infrastructure for rail and rail transport. The agreement shall be concluded for each scheduling period, taking into account the infrastructure capacity allocated to the scheduling period. The agreement may be amended if decisions on the allocation of infrastructure capacity during the scheduling period or other aspects of the contract so require.
The Transport Agency may, under the conditions laid down in Article 2 of the contract of use of the infrastructure referred to in this Article, also conclude with the other rail transport operator. (13/03/98)
The Transport Agency shall not conclude an operating contract with the railway undertaking before the railway undertaking meets the conditions for the operation of rail transport provided for in paragraphs 1 to 3 and paragraph 5 of Article 3. With the other railway operator, the Agency may not conclude a service contract before the railway operator has a safety certificate as referred to in Article 4, for the intended operation in accordance with Article 26. The necessary infrastructure capacity and otherwise fulfil the conditions for the operation of rail transport. (13/03/98)
In order to promote the efficient use of the railway network and to promote punctuality in rail transport and to reduce the availability of rail and track infrastructure, railway undertakings and the Transport Agency are encouraged to limit their And to improve the efficiency of the use of the State network by means of the performance scheme referred to in this Article. The system shall be fair, non-discriminatory and proportionate.
The railway undertaking shall pay to the Transport Agency the compensation provided for in accordance with the criteria set out in the concession contract referred to in Article 30, if the railway undertaking's traffic differs from that of the railway undertaking. Relevant to the infrastructure capacity allocated to it. The transport agency shall pay a compensation to the railway undertaking in the infrastructure contract, provided that the availability of the infrastructure is significantly different from the infrastructure capacity allocated to the railway undertaking due to traffic disruption due to the Agency; and It is detrimental to the functioning of the rail system.
For the purposes of the network statement, the Transport Agency shall publish details of the provisions and provisions adopted pursuant to this Act concerning:
(1) access to the network;
(2) the basis of assessment of infrastructure charges;
(3) the application of the infrastructure capacity and the related deadlines;
(4) requirements and acceptance of railway rolling stock; and
(5) other aspects of the operation of rail transport and the conditions of access to it.
In the network statement, the Agency shall publish details of the quality and extent of the network and provide details of the details of the network's minimum operating services, as referred to in Article 33, and access to the infrastructure and rail lines, and Availability. The network statement shall also publish the decisions to be taken by the Transport Agency:
1) specialised infrastructure capacity pursuant to Article 23 (1);
(2) the front lines of the overloaded track capacity pursuant to Article 23 (2); and
(3) the threshold for the minimum use of railway infrastructure in accordance with Article 28 (2).
When drawing up the network statement, the Transport Agency shall consult the holders of the infrastructure capacity established in Finland and other applicants for the infrastructure capacity of the Finnish network. A network statement shall be published by the Transport Agency no later than four months before the expiry of the deadline laid down by the Government Decree for the submission of applications for infrastructure capacity. If the information referred to in paragraphs 1 and 2 is changed during the period of validity of the network statement, the Transport Agency shall publish the changed information without delay.
The Transport Agency may, after consulting the Traffic Safety Agency, decide that raide in the State network is a museum track which may only operate at the museum. The track to be applied to the museum shall not have any other passenger transport or freight transport. The Transport Agency shall make provision for rail operators which operate on the track which is linked to the track to be operated as a museum track, an opportunity to be heard before the Agency decides on the museum track.
The Transport Agency shall offer rail operators, on a non-discriminatory and non-discriminatory basis, rail network access services and rail network access lines in order to reach services, with the capacity - And Annex II to the Railway Payment Directive. These services are laid down in more detail by a decree of the Government. The information on the details and availability of services and the available track links shall be included in the network statement referred to in Article 32.
The Transport Agency may provide rail transport operators with access to infrastructure, additional services and ancillary services, and agree on these services and other goods. More detailed provisions on additional services and ancillary services are provided by the Government Decree. Information on services and other goods, as well as their details and availability, shall be included in the network statement. The Transport Agency shall provide the services and other commodities referred to in this paragraph in accordance with the information published on the network statement for all rail operators on a comparable basis on a comparable and equal basis.
Railway undertaking and railway undertaking or other Community ( Provider of services ) Provide services belonging to the rail network referred to in point 2 of Annex II to the Capacity and Infrastructure Payment Directive to the rail network operator on non-discriminatory terms and conditions for compensation. A service provider may refuse to provide services if there are viable alternatives in accordance with market conditions.
Where a service provider considers that it is facing serious difficulties in terms of service obligations, it may apply to the Finnish Transport Safety Agency to refuse to provide services. The Agency may, on application, grant a temporary derogation to the service provider on a case-by-case basis. The service provider shall apply for authorisation no later than seven days after the services have been requested from the service provider. When considering the granting of an exemption, the Traffic Safety Agency shall take into account the right of rail operators to have access to the services referred to in this Article on a fair and non-discriminatory basis, as well as a derogation Effects on the rail market and the competitive situation in the market. In addition, the Agency shall take into account the fact that the obligation to provide services does not unduly restrict the service provider's own services.
Where the service provider considers that, in circumstances affecting the conditions of the provision of services or the provision of services, other essential changes in the provision of services made by the Agency for the provision of services may otherwise be Result in serious difficulties for its business, the service provider may re-apply for the derogation referred to in paragraph 2.
The remuneration of the services shall be fair to all rail operators and reasonable, taking into account the cost of services and a reasonable return. The pricing of services must not result in unjustified or anti-competitive conditions or restrictions.
The railway operator has the right to use private tracks leading to more than one end user terminal and port, and to provide services to its customers in terminals and ports.
More detailed provisions for the application of the services referred to in this section of the services referred to in paragraphs 2 and 3 shall be adopted by a decree of the Council.
Transport safety tasks of the rail system (1664/2009) in Article 23 Must provide, in a non-discriminatory and non-discriminatory manner, training services for companies and other entities engaged in the activities referred to in this law, where such training is necessary for the safety certificate Or to meet the requirements for obtaining a safety authorisation. The compensation shall be equitable and reasonable, taking into account the costs of training and a reasonable return.
More detailed provisions on the training services referred to in paragraph 1 shall be laid down by a Council Regulation.
The infrastructure manager shall be responsible for the traffic management or organisation of the infrastructure operated by the infrastructure manager in the manner necessary for the operation of the network and is responsible for the fairness of the traffic management services. The infrastructure manager may organise traffic control services itself or acquire them from public or private service providers. The other infrastructure manager, other than the Transport Agency, may also agree with the Transport Agency on the organisation of traffic control on the track or any part of the infrastructure manager. (13/03/98)
The Transport Agency shall be responsible for the national organisation and coordination of the traffic management service on the State network.
Infrastructure managers shall agree on the practical arrangements for operation and traffic management when the networks are interlinked and between them.
Where the infrastructure manager acquires traffic control services from another company or entity, it shall, in its safety management system, take into account the activities of a company or entity providing traffic control services.
A company providing transport guidance services, or any other entity, must provide services equally to all rail operators, as well as to the infrastructure managers who request services and whose tracks are sufficiently technical Capacity and other conditions for receiving services. The person employed by the company shall be subject to the provisions relating to criminal liability in the performance of the traffic management tasks referred to in this Article. The replacement of personal and rem damage caused by rail transport is provided for in the rail transport (13/1999) . (13/03/98)
Charges for the use of the infrastructure charge for the use of the State network shall be charged on the basis of the basic fee and other specific charges related to the infrastructure charge ( Infrastructure charge ). A track maintenance company shall not be charged on the line.
The Transport Agency shall charge a basic fee for the infrastructure charge to rail operators on a fair and non-discriminatory basis for the services referred to in Article 33 (1) and other goods referred to in Article 33 (1), in accordance with their use In accordance with the provisions of Chapter II of the Capacity and Infrastructure Payment Directive. The charging charge for services and other goods referred to in Article 33 (1) of Article 33 (1) shall always be based on the cost of track-keeping which the operation of rail transport causes directly To the state track network and radanpido.
Further details on the amount of the basic fee are laid down by a regulation of the Ministry of Transport and Communications.
If the holder of a private track intends to charge a fee for the use of his infrastructure network, it shall inform the Ministry and the Transport Safety Agency of the fee and the reasons for it no later than two months before the payment is made. The fee shall be in accordance with the charging principles set out in Article 7 of the capacity and infrastructure charging directive.
The Transport Agency shall decide on the contribution of the basic fee for the infrastructure charge and shall levy charges per calendar month by rail operators. The Agency may, for a specific reason, agree with the railway operator on other payment arrangements. The fee charged by the Agency shall be directly enforceable.
The safety level of the rail system must be maintained and developed in a manner that allows for European Union legislation and technical and scientific progress.
The infrastructure manager and the railway operator shall be responsible for managing the risks associated with the safe use and use of the rail system. They shall take the necessary risk management measures, where appropriate, in cooperation with each other. The infrastructure manager and the railway operator shall have a safety-security organisation and a safety management system as referred to in Article 40.
Paragraph 2 provides for the liability of the infrastructure manager and the railway operator without prejudice to any operator, maintenance or other service provider of machinery, equipment and other equipment used in the railway system And not the responsibility of the contracting entity for the conformity and safety of machinery, equipment and other materials and services supplied by them. (13/03/98)
The minimum safety level for the rail system and its components shall be defined in the common safety objectives referred to in Article 7 of the Railway Safety Directive. Where necessary, the Transport Safety Agency shall amend its provisions on railway safety in such a way that at least the CSTs can be achieved. The provisions of this article on the obligation of the Transport Safety Agency to amend its safety regulations also apply to the obligation of the Government and the Ministry to amend the provisions on railway safety laid down by the Regulation.
The common safety methods referred to in Article 6 of the Railway Safety Directive shall be used to assess the level of safety and compliance with safety objectives and other safety requirements.
The railway operator and the infrastructure manager shall have a safety management system complying with the provisions and regulations relating to railway safety which complies with Annex III to the Railway Safety Directive. The requirements of the safety management system. When assessing the requirements of the safety management system, account shall be taken of the nature and extent of the activities carried out. The safety management system shall ensure the management of all risks inherent in the activities of the organisation.
In its safety management system, the infrastructure manager shall take into account the impact of the activities of railway operators on the network and ensure that all rail operators are able to operate In accordance with the technical specifications and national safety rules and the conditions laid down in the safety certificate. In addition, the Infrastructure Manager shall, in consultation with railway operators using the infrastructure, find out in its safety management system how to coordinate the emergency procedures of the various operators.
The managing director, the Executive Director or any other person responsible for the management of the railway operator and infrastructure manager shall be responsible for the organisation and maintenance of the safety management system in the organisation leading up to it.
The Transport Safety Agency shall monitor the achievement of the CSTs and the development of railway safety. The achievement of safety targets shall be measured by common safety indicators. In its annual report, the Agency shall present the figures and data in accordance with the safety indicators listed in Annex I to the Railway Safety Directive and shall publish an annual report on the activities of the previous calendar year and submit it to 30 days By September, the Ministry and the European Railway Agency.
The infrastructure manager and the railway operator shall each year collect data on the achievement of the safety targets of the previous calendar year and draw up a safety report on achieving safety targets. The report shall be submitted to the Transport Safety Agency by 30 June.
More detailed provisions on common safety indicators and the annual report of the Transport Safety Agency will be adopted by the Government Decree.
The rail system, its subsystems and the interoperability constituents shall meet the essential requirements of the rail system to be complied with in the design, manufacture, marketing of the subsystem and the interoperability constituent Introduction, placing in service, upgrading, renewal and use.
Essential requirements concern the safety, reliability and use of subsystems, health effects, environmental impact, technical compatibility, accessibility and accessibility. More detailed provisions on the rail system subsystems referred to in Annex II to the Interoperability Directive and the content of the essential requirements referred to in Annex III are laid down by a Council Regulation. (13/03/98)
If the technical specification for interoperability does not provide for a specific case for Finland, the Road Safety Agency may, in accordance with Article 9 of the Interoperability Directive, request a derogation from the specification if:
(1) the project relating to the subsystem or its renewal or upgrading is at the time of publication of the specification at the time of publication of the specification;
(2) renew or improve the subsystem, and the load gauge, track gauge or track width, or the voltage of the electrical system, are not compatible with the corresponding parameters of the current subsystem; With;
(3) the project for the subsystem or its renewal or upgrading is carried out in an area which is distinct from the rest of the European Union network owing to particular geographical circumstances;
(4) the application of the specification for the renewal, improvement or extension of the subsystem would jeopardise the economic viability of the project or the integrity of the railway system;
(5) the specification cannot be applied for economic or technical reasons as a result of an accident or natural disaster; or
(6) the derogation concerns a vehicle with a third country of departure or destination whose track gauge is different from the track gauge used in the European Union.
The contracting entity may submit to the Transport Safety Agency that the Agency requests the European Commission, hereinafter referred to as: Commission , a derogation from the technical specification for interoperability. If the Agency considers the request for derogation to be justified, it shall submit the request to the Commission. However, in the cases referred to in paragraph 1, paragraphs 1, 3, 5 and 6, the Agency may grant the contracting entity the right to apply alternative rules before the Commission has approved the derogation.
The contracting entity shall, at the request of the Traffic Safety Agency, provide the Agency with information on the work, goods and services covered by the derogation and the reasons for the derogation. In addition, at the request of the contracting entity, the contracting entity shall, on request, provide the Agency with information on the reasons for which the project can be regarded as a long-term project.
More detailed provisions for requesting an exemption and a derogation procedure are laid down by a Council regulation.
The introduction of a structural subsystem shall be made available by the Traffic Safety Agency.
The Agency shall grant authorisation for placing in service of a structural subsystem complying with the essential requirements. When processing the application for a permit, the Agency shall verify, in particular, the technical compatibility of the subsystem with the system to which the subsystem is attached and the security of the integration of the subsystems.
When considering the application for a permit, the Agency shall also verify that the subsystem meets the requirements for operation and maintenance in the technical specifications for interoperability in so far as they are applicable. The Agency shall carry out the checks referred to in paragraph 2 and in this paragraph after the establishment of the infrastructure subsystem, whenever the Agency grants a safety authorisation and a vehicle referred to in Article 16 whenever the Agency grants Article 4: Of the safety certificate. In addition, the inspection shall be carried out under the supervision of the Agency for a safety authorisation and a safety certificate. The audit shall use the assessment and verification procedures set out in the relevant technical specifications for interoperability. (27/06/2015)
The conformity of the structural subsystem of the rail system shall be assessed in accordance with the provisions of the Technical Specifications of Interoperability and the provisions of the Safety Agency for Transport and other provisions or provisions relating to the subsystem. Based on.
The conformity of the structural subsystem shall be demonstrated by the EC declaration of verification if it is subject to the requirements of the technical specification for interoperability. In order to assess conformity, the applicant shall request the notified body referred to in Article 61 to carry out the EC verification procedure. The applicant may be a contracting entity or a subsystem builder or manufacturer or a representative established in the European Economic Area.
The notified body shall be responsible for the EC verification of the subsystem from the design of the subsystem until the date of its adoption. The EC verification shall cover the design and construction of the subsystem and the experimental use of the subsystem to be introduced.
The conformity of the structural subsystem shall be assessed by FI verification in accordance with Article 65 and demonstrated by the FI declaration of verification, in so far as it does not apply to the requirements of the technical specification for interoperability.
The EC declaration of verification of the structural subsystem and the FI declaration of verification shall be addressed to the Transport Safety Agency. The EC declaration of verification shall be drawn up in the same language as the related technical file. The Finnish Transport Safety Agency may require a Finnish or Swedish translation of the EC declaration of verification.
For the purposes of the 'EC' declaration of verification and the information to be included in the FI declaration of assurance, and the conditions for the issuing of the declaration of assurance and the procedure for issuing it, the details of the procedure laid down by the State Council Regulation shall be laid down.
The plan for the manufacture or construction of the new subsystem and for the improvement or renewal of the subsystem shall be submitted to the Transport Safety Agency. The plan can only be implemented after the Agency has decided whether a new authorisation for placing in service will be needed on the basis of the plan to improve or renew the subsystem. A new authorisation for placing in service shall always be required if the planned work may have an adverse effect on the overall level of safety of the subsystem concerned. (13/03/98)
The Agency shall inform the applicant of the need for authorisation at the latest four months after the applicant has submitted all the necessary documents to the Agency. At the same time, the Agency shall indicate the extent to which technical specifications for interoperability must be applied to the project.
If the Agency considers that a new authorisation for placing in service is necessary, but the technical specification for interoperability is not fully applied, the Agency shall inform the Commission of the reasons for The technical specification shall not apply, the applicable provisions and the assessment bodies or other entities responsible for the verification procedure of the subsystem. (13/03/98)
If a subsystem is to be used in the railway system before the authorisation for placing in service provided for in Article 44, it shall be requested to apply for a construction permit from the Transport Safety Agency. The Agency may grant an authorisation in the case of a step-by-step reform or improvement project and the use of the subsystem to ensure adequate transport links, and the safety of the railway system is not compromised. In order to assess the conditions for a construction permit, the applicant shall provide the Agency with a description of the traffic needs, planned works and measures to ensure safety in the railway system.
A construction permit may be issued for a maximum period of three years at a time. The Transport Safety Agency may include conditions or restrictions to ensure safety in the railway system. Where safety or other conditions affecting the conditions of authorisation occur during the period of validity of the authorisation, it shall be notified to the Transport Safety Agency in order to assess whether the conditions for the authorisation have changed and whether Authorisation to apply again. In such a case, the Agency may require a new authorisation within a reasonable period set out in its application.
The provisions of Article 48 concerning the withdrawal of the authorisation for placing in service of the subsystem shall also apply to the use of a construction permit. A construction permit cannot be granted to the vehicle.
The Finnish Transport Safety Agency may, on application, issue a periodic test licence for testing to a vehicle for which a subsystem is to be carried out in accordance with a technical specification for interoperability or pursuant to this Act. The checks required by the order requiring the use of the subsystem in the rail system. The authorisation may be granted for a maximum period of 10 months.
In order to assess the conditions of the pilot licence, the applicant shall submit to the Agency, in the context of an application, a plan for the transfer of the vehicle, the checks to be carried out on the subsystem and measures to ensure safety. In the rail system. The granting of a pilot licence shall be conditional on the safety of the railway system not being jeopardised by the carrying out of checks. The fishing unit to which the subsystem has a pilot licence shall not operate in commercial transport.
The Agency may include restrictions and conditions in the test driving licence to ensure the safety of the railway system. The subsystem shall only be used in accordance with the terms of the authorisation.
The provisions of Article 48 concerning the withdrawal of the authorisation of the subsystem shall also apply to the authorisation granted under this Article.
The Transport Safety Agency shall issue a structural subsystem in accordance with the conditions laid down in Article 44. The Agency may include in the authorisation for placing in service restrictions and conditions to ensure the safety and interoperability of the subsystem in the railway system. The restrictions and conditions shall not conflict with the essential requirements.
If the subsystem does not meet the relevant essential requirements or if the authorisation holder does not comply with the restrictions or conditions imposed in the authorisation, the Agency shall invite the authorisation holder to correct any errors or omissions found within a reasonable period of time, Which must not be less than two months. If an error or omission is to be regarded as relevant and the authorisation holder has not remedied it within the prescribed time limit, the Agency may cancel the authorisation in full or for a fixed period. The Agency may also restrict or prohibit the use of the subsystem.
The Agency may withdraw the authorisation immediately if there is a particularly serious deficiency which may pose a risk to the safety of the railway system.
By way of derogation from the provisions laid down in Article 44, the Transport Safety Agency may, by way of derogation from the provisions of Article 44, grant an authorisation for placing in service in accordance with Article 44 The tests have been carried out and the applicant has submitted to the Agency, on the basis of an EC Interim Inspection Certificate referred to in Annex VI to the Interoperability Directive referred to in Annex VI to the Interoperability Directive, In accordance with the EC declaration of verification and Article 65 The FI certificate, based on the FI audit, and the inspection body's explanation as to why all the tests could not be carried out. The applicant shall provide the final EC declaration of verification for the safety and interoperability of the railway system in accordance with this law to the Agency for information, in accordance with the terms of the authorisation, 12 Within one month of issuing the authorisation. If the applicant fails to submit all the documents within the deadline, the Agency shall prevent the use of the equipment.
The provisions of Article 48 concerning the withdrawal of authorisation for placing in service also apply to the authorisation of placing in service of a subsystem belonging to the vehicle.
A interoperability constituent can only be placed on the market if it complies with the essential requirements. In addition, the interoperability constituent must be installed and used in a similar way and should be properly maintained. The conformity of the interoperability constituent is assessed on the basis of the technical specifications for interoperability. Each interoperability constituent shall be checked in accordance with the procedure for assessing conformity or suitability for use of the interoperability technical specification.
The conformity of the interoperability constituent shall be demonstrated by an EC declaration of conformity or an EC declaration of suitability for use. To that end, the manufacturer or its authorised representative established within the Union shall request the notified body referred to in Article 61 to carry out an assessment of the conformity or suitability for use of the interoperability constituent.
If the Traffic Safety Agency considers that the declaration of conformity of the EC declaration is incorrect or otherwise incorrect, the manufacturer or its representative established in the Union shall, at the request of the Agency, make the interoperability constituent Compliance. Where non-compliance persists, the Agency shall take all necessary measures to restrict or prohibit the placing on the market of the said interoperability constituent, or ensure the withdrawal of the constituent from the market 4 In the manner provided for in the paragraph. (13/03/98)
Where an interoperability constituent has been granted an EC declaration of conformity or an EC declaration of suitability for use and placed on the market, if used in accordance with its purpose, it is unlikely that the essential requirements, transport The safety agency shall take all necessary measures to restrict the operating sector, prohibit or withdraw its use from the market, and shall state the reasons for the decision and inform it of its action; The Commission.
The spare parts for a subsystem which has been introduced before the entry into force of the technical specification for interoperability relating to the subsystem may be installed without applying the relevant technical specification for the interoperability The procedure for assessing conformity or suitability for use.
The EC declaration of conformity and the EC declaration of suitability for use shall be written in the same language as the instructions for use of the interoperability constituent. The Finnish Transport Safety Agency may require an EC declaration of conformity and an EC declaration of suitability for use in Finnish or Swedish. The information to be included in the declaration of conformity and suitability for use shall be subject to more detailed provisions by the Government Decree.
Where an interoperability constituent does not meet the essential requirements, it shall not be placed on the market, marketed, sold or otherwise disposed of in another railway system for use or use in this system.
The placing on the market, marketing, sale or any other supply or use of an interoperability constituent satisfying the essential requirements shall not be prohibited, restricted or impeded by any other than that provided for by this or by law. On the basis of compliance with the essential requirements.
The use of the vehicle shall be made available by the Traffic Safety Agency.
The authorisation for placing in service under this section shall be without prejudice to the conditions laid down by the Transport Safety Agency pursuant to Article 7 (2) when issuing a safety certificate or pursuant to Article 17 (3) of the Safety Certificate By granting. (27/06/2015)
If the Traffic Safety Agency gives a negative decision on the application for authorisation for placing in service of a vehicle, the applicant may request in writing within one month of receipt of the negative decision from the Agency Re-examination. The applicant shall indicate the decision to be reviewed and the extent to which the decision is to be reviewed.
Upon re-examination of its decision, the Agency may amend its decision, annul its decision or reject the request for review within two months of receipt of the request for review. If the request for a review has not been made within the time limit referred to in paragraph 1, the request shall be inadmissible.
The Transport Safety Agency shall issue the authorisation for placing in service without any further checks if:
(1) the vehicle meets all the requirements of the interoperability technical specifications in force at the time of its introduction;
(2) the technical specifications for interoperability referred to in paragraph 1 shall cover the essential requirements referred to in Article 42; and
(3) all structural subsystems of the vehicle have been approved in accordance with Chapter 8.
Where the vehicle has all the ec declaration of verification referred to in Article 45, but the structural subsystems of the vehicle have not been approved in accordance with the provisions of Chapter 8, the Agency shall check the technical The safety of compatibility and integration, taking into account the provisions of Article 4 (3) and Article 6 (3) of the Railway Safety Directive. The provisions of the Technical Specifications of Interoperability and the specific cases identified in the specifications shall be subject to the provisions of the provisions of the Transport Safety Agency or any other relevant provisions or provisions.
The Transport Safety Agency shall issue an authorisation for placing in service of a vehicle whose structural subsystems do not meet all the requirements of the technical specifications in force at the time when the vehicle is introduced:
(1) applying the EC verification procedure referred to in Article 45, in so far as the technical specifications for interoperability cover the structural subsystems of the vehicle; and
(2) applying the provisions of other technical aspects or other relevant provisions and regulations and the provisions of Article 65 on conformity assessment in the FI audit.
The Transport Safety Agency shall approve the vehicle type when issuing the vehicle for placing in service. The Agency may also grant a type-specific approval to vehicles on application. On the basis of the declaration of conformity submitted by the applicant to the Agency, the Agency shall approve the type-approval of a vehicle, without any further checks, in Finland. More detailed provisions on the type of insurance and its preparation are laid down by a decree of the Government. (27/06/2015)
The Agency shall indicate whether the type approvals already granted are still valid if the provisions on the vehicle have changed. The approval of a type of approval shall be repeated if the Traffic Safety Agency indicates that type approvals are no longer valid. The criteria to be checked by the Agency for the renewal of type approval may relate only to the changed provisions.
Type-approvals issued by the Finnish Transport Safety Agency shall be entered in the European register of authorised types of vehicles approved by the European Railway Agency.
The type-approval shall not apply to vehicles used for interconnectors from the Russian Federation referred to in Article 57, before the entry into force of this Act, which shall be renewed or upgraded after the entry into force of the law, and Vehicles which have been granted authorisation for placing in service in another Member State of the European Economic Area and to which additional authorisations for placing in service pursuant to Articles 55 or 56 are requested.
Vehicle units authorised for placing in service in the European Economic Area shall have a supplementary authorisation for placing in service before they are introduced in Finland. The complementary authorisation shall ensure, in particular, that the vehicle is compatible with the network and fixed installations and is suitable for use in Finland's climate. However, the additional authorisation for placing in service shall not be required for vehicles used only in the port or railway line on track whose track gauge is different from the track gauge used in Finland. (13/03/98)
The Transport Safety Agency shall issue a supplementary authorisation for placing in service if the fleet has a valid structural subsystem for the rest of the European Economic Area and other Articles 55 or 56 of this Article. The conditions laid down in § 1 are met.
The Transport Safety Agency may require a risk assessment or a series of tests to be carried out on the network. The Transport Safety Agency shall consult the applicant in order to determine the scope and content of the additional information, risk analyses or tests required. Where the Finnish Transport Safety Agency requires tests to be carried out on the network before it adopts a decision to grant authorisation for placing in service, the Transport Agency shall, after consulting the applicant, take all the necessary measures to: In order to ensure that the necessary tests may be carried out within three months of the applicant's request to the Transport Agency to carry out the tests. Where appropriate, the Transport Safety Agency shall take measures to ensure that the tests are carried out. (27/06/2015)
Paragraph 4 has been repealed by L 27 JUNE 2014/515 .
If the Finnish Transport Safety Agency fails to take a decision on the supplementary authorisation for placing in service of the vehicle within the time limit laid down in Article 56 or Article 56, the vehicle concerned shall be deemed to have been approved in Finland after three months. Expiry of the prescribed period.
For vehicles meeting the requirements of the technical specifications for interoperability relating to the subsystem, the applicant shall provide the Transport Safety Agency with the additional authorisation referred to in Article 54. The following documents relating to the vehicle or type of vehicle and reports on the intended use of the network:
(1) a description of the authorisation for placing in service within the European Economic Area;
(2) copies of the technical documentation relating to the EC verification procedure of the subsystem; the vehicles equipped with recording equipment shall include information on the procedure for the compilation of the data in readable and estimated format, provided that: That such information is not harmonised in the appropriate technical specification for interoperability;
(3) documents showing the information on past maintenance of the vehicle and the necessary technical changes following the authorisation of the placing in service;
(4) a description of the technical and operational characteristics relating to the compatibility of the vehicle with the infrastructure and fixed installations.
The Agency shall take its decision on the supplementary authorisation for placing in service referred to in paragraph 1 without delay and no later than:
(1) within two months of the submission of the technical documentation referred to in paragraph 1;
2) within one month of the submission of additional information or risk analyses requested by the Agency; or
3) within one month of receipt of the results of the tests requested by the Agency.
For the purposes of the supplementary authorisation for placing in service referred to in Article 54, the applicant shall provide the Transport Safety Agency with the following documents relating to the vehicle type or type of vehicle and the intended use of the vehicle on the network Of vehicles which do not meet the requirements of the technical specifications for interoperability relating to the structural subsystems:
(1) a description of the authorisation for placing in service within the European Economic Area and information on the procedure applied to demonstrate that the vehicle complies with the safety requirements in force, as well as a description of the vehicle; Any derogation approved in accordance with Article 9 of the Interoperability Directive;
(2) documents showing the technical data, the maintenance programme and the operational characteristics of the vehicle; the vehicles equipped with the recording equipment shall include information in the readable and estimated format of the equipment; The assembly procedure, provided that such information is not harmonised in the appropriate technical specification for interoperability;
(3) documents showing the earlier use of the vehicle, the maintenance and, where appropriate, the technical amendments made after the authorisation was granted;
(4) a description of the technical and operational characteristics relating to the compatibility of the vehicle with the infrastructure and fixed installations.
(13/03/98)Where the Agency considers that the use of that vehicle in the Finnish rail system poses a significant safety risk, it may question the information referred to in paragraphs 1 and 2 and reject the application for additional authorisation for placing in service.
The Agency shall take its decision on the supplementary authorisation for placing in service referred to in paragraph 1 without delay and no later than:
(1) within four months of the submission of the technical documentation referred to in paragraph 1;
2) within two months of the submission of additional information and risk analyses requested by the Agency; or
3) within two months of receipt of the results of the tests requested by the Agency.
Vehicle units used in the interconnection between Finland and Russia from the Russian Federation shall be subject to the authorisation for placing in service by the Traffic Safety Agency. The Agency shall grant authorisation for placing in service for vehicles or types of vehicles with a valid authorisation for placing in service in the Russian Federation. Vessel units may only operate in the rail link between Finland and Russia. The requirements for the fishing units are laid down in the Agreement between the Government of the Republic of Finland and the Government of the Russian Federation on the interconnector between Finland and Russia (SopS 48/1997) and its ancillary contracts and In their annexes. (13/03/98)
In Finland, the railway undertaking operating in the United States shall apply for authorisation from the Finnish Transport Safety Agency before the railway undertaking operates a vehicle with the Finnish network. The declaration of conformity of the vehicle used for the interconnection between Finland and Russia shall be indicated in the declaration submitted by the applicant to the Agency. The applicant shall indicate in the Russian Federation a vehicle or type of authorisation granted to a type of vehicle or a type of vehicle. The Agency shall decide on the authorisation for placing in service on the basis of the declaration submitted by the applicant. A permit may be issued using an electronic procedure. (13/03/98)
The technical border inspection of the fishing units at the railway station at the time of arrival of the vehicle in Finland shall be provided for in the rail interconnection agreement referred to in paragraph 1, as well as in its ancillary contracts and in the annexes thereto.
Prior to its introduction or use, the vehicle shall have a unit in charge of maintenance assigned to it by the Finnish network. The entity in charge of maintenance shall be registered in the vehicle register referred to in Article 68.
Without prejudice to the rail transport operator referred to in Article 39, the entity in charge of maintenance shall ensure, by means of a maintenance system, that the vehicles under its responsibility are in a safe operation. The responsibility of the infrastructure manager for the safe operation of the vehicle.
The entity in charge of maintenance shall ensure that the vehicle is kept in order in accordance with the maintenance manual of each vehicle and in accordance with the maintenance requirements and the technical specifications for interoperability.
The entity in charge of maintenance may be the railway undertaking, the infrastructure manager or the keeper of the vehicle. The entity in charge of maintenance shall perform the maintenance work of the vehicle. It may also obtain maintenance work from a maintenance workshop with which it has concluded an agreement on the maintenance of the equipment.
The entity in charge of maintenance of freight wagons shall be certified in accordance with Article 14a of the Railway Safety Directive.
Certification of the entity in charge of maintenance of freight wagons is requested from the competent certification body in the European Economic Area. As a certification body, the Finnish Transport Safety Agency and a separate accredited body may act in Finland.
Certification shall be granted in accordance with Commission Regulation (EU) No 445/2011 on the certification scheme for the entities in charge of maintenance of freight wagons and amending Regulation (EC) No 653/2007. Certification is valid in the European Economic Area.
Where appropriate, the Finnish Transport Safety Agency may use an external expert with sufficient expertise and other necessary conditions for the performance of the assistance tasks to carry out the certification tasks.
The provisions of this Article shall not apply to an entity in charge of maintenance whose sole responsibility for freight wagons is used exclusively for museum or exchange operations.
More detailed provisions on certification of the entity in charge of maintenance or maintenance activities and requirements for an external expert are laid down by the Government Decree.
The Agency may grant an exemption from the application for the definition of the entity in charge of maintenance provided for in Article 58 and the certification requirement of the entity in charge of maintenance provided for in Article 59 Maintenance of vehicles used in the rail link between Finland and Russia. An application shall be made at the same time as the applicant applies for a safety certificate as referred to in Article 5. The applicant shall include in the application the justification for the derogation and a description of alternative measures to ensure the maintenance of vehicles. The granting of an exemption shall not jeopardise railway safety. The Finnish Transport Safety Agency may, after giving the holder of the derogation, the opportunity to be heard to withdraw its decision on the derogation, if it is considered to pose unnecessary risks in the railway system.
The Transport Safety Agency shall appoint a notified body for the railway system for a limited period or so for the time being. The designation of an institution shall be subject to:
(1) the institution is a public authority or a legal person registered in Finland;
(2) the institution and its staff are reliable, functionally, commercially and financially independent of the parties to the railway system market;
(3) the institution has adequate liability insurance or other equivalent arrangements for the scale of the activity;
(4) the institution has sufficient skilled staff at its disposal, as well as the systems, equipment and equipment necessary for its operations; and
(5) the institution has been issued a certificate issued by a national accreditation body certifying that the institution meets the requirements for conformity assessment.
The Finnish Transport Safety Agency may include in the decision designating the notified body any restrictions or conditions relating to the operation of an installation to ensure that the tasks of the institution are properly managed.
The notified body shall immediately inform the Agency of any changes in its activities which may have an impact on the conditions of operation as notified body.
The Transport Safety Agency may revoke the designation of a notified body for a whole or period if the institution fails to comply with the requirements and the deficiency prescribed, or where the institution is acting essentially on an interoperability Directive or In contravention of this law or of any provisions adopted pursuant to it. Before deciding to withdraw the designation, the Agency shall provide the institution with an opportunity to correct the deficiency within a reasonable period of time, which shall not be less than two months.
More detailed provisions for the notified body and its staff will be laid down by the Government Decree.
The notified body shall be responsible for the EC verification of the subsystems and for the preparation of the required EC verification certificate and technical documentation required for the EC declaration of verification. In addition, the notified body is responsible for the assessment procedure for the conformity and suitability for use of the interoperability constituents and for the declaration of conformity to the EC requirement or to the declaration of suitability for use in the EC Establishing an EC certificate or an EC certificate of suitability for use. The notified body may issue a series of subsystems or a certificate of conformity with certain parts of these subsystems, provided that the relevant technical specifications for the interoperability have a written procedure. (13/03/98)
The notified body responsible for the construction, renewal and upgrading of the subsystem shall ensure compliance with the essential requirements of the subsystem. The verification of the subsystem shall begin at the design stage and shall cover the whole of the construction period up to the date of the delivery of the subsystem. It shall also cover verification that the interfaces of the subsystem concerned are consistent with the system for which it is incorporated.
The technical documentation accompanying the EC declaration of verification shall include all the necessary documents relating to the characteristics of the subsystem and, where appropriate, the documentation demonstrating that the interoperability constituents are: Compliant. They shall also include all elements relating to the conditions and limits of use and to instructions on continuous or periodic monitoring, adjustment and maintenance.
The notified body may commission subcontractors in the performance of the tasks referred to in this Article if the subcontractor fulfils the conditions for the designation of a notified body in accordance with Article 61 (1) with the exception of 1 and 5 And if the subcontractor carries out the task in accordance with the requirements laid down in this law or in accordance therewith. The notified body shall be responsible for subcontracting.
The notified body may issue interim audit certificates covering certain stages of the verification procedure or parts of the subsystem. On the basis of the interim audit opinion, the manufacturer may draw up an EC declaration of conformity.
More detailed provisions concerning the tasks of the notified body, the EC verification procedure of the subsystems, the procedure for assessing conformity and suitability for use of the interoperability constituents and the interim audit opinion and its issuing Shall be adopted by a Council Regulation.
During the implementation of the project, the notified body responsible for the verification of a project related to the manufacture or construction of the subsystem shall carry out periodic inspections of the interoperability directive, this law and the provisions adopted pursuant thereto. To ensure compliance. During the implementation of the project, the notified body may carry out unannounced inspections. It shall submit an inspection report to the applicant on the inspections it has carried out. The audit report shall also be attached to the technical documentation provided for the audit certificate of the subsystem. More detailed provisions on the procedure for the checks referred to in this paragraph and the reporting of inspection reports shall be laid down by a Council Regulation.
In carrying out the tasks referred to in this Article, the representative of the notified body shall be entitled to enter the site of the inspection, the establishment, the storage area, test facilities and other places where access is Necessary for carrying out the inspection, with the exception of premises used for permanent housing. The notified body shall, without prejudice to the secrecy provisions, have the right to have access to the implementation plans and other relevant documents necessary for the examination of the inspection. The staff of the notified body shall keep secret all the information it has received in carrying out the duties provided for in this Act. (27/06/2015)
The documents drawn up by the notified body and correspondence relating to the EC verification procedures shall be drawn up in one of the official languages of the Member State in which the applicant is established. Alternatively, another language approved by the applicant may be used. If necessary, the Finnish Transport Safety Agency may require a Finnish or Swedish translation of the documents.
The provisions relating to criminal law in the service of the notified body or subcontractor shall be governed by the provisions laid down in Articles 62 and 63. Liability for damages is governed by the law on damages (1999) .
FI control means an assessment of conformity to a subsystem or subsystem that does not apply to the requirements of the technical specification for interoperability.
The Transport Safety Agency shall be responsible for the FI inspection. Where appropriate, the Transport Safety Agency may designate a notified body for the assessment of the national provisions relating to the subsystem for the FI inspection. In that case, the conditions and conditions laid down in Article 61 apply to the notified body.
A subcontractor may commission submeasures in the performance of its tasks within the meaning of this Article, provided that the subcontractor fulfils the conditions for the designation of a notified body referred to in Article 61 (1) Without the requirements of paragraphs 1 and 5, and if the subcontractor carries out the task in accordance with the requirements laid down in this law or under it. The Transport Safety Agency shall be responsible for any measures subcontracted.
The Transport Safety Agency, the notified body designated by the Agency or the subcontractor used by the Agency may carry out, during the implementation of the project, checks on the railway operator, infrastructure manager or any other operator in the railway system At the premises, with the exception of premises used for permanent residence, in order to ensure compliance with the Interoperability Directive, this Act or its provisions and regulations. Inspections may also be carried out unannounced. The checks carried out shall include an inspection report to the applicant.
The Safety Agency, the notified body designated by the Agency or the sub-contractor used by the Agency shall, in respect of FI, the rights and obligations under Articles 63 and 64 as set out in Articles 63 and 64 EC verification.
The independent safety assessment of the railway system and its subsystems by an independent safety assessment body is provided for in Article 6 (3) of Directive 2004 /49/EC of the European Parliament and of the Council Commission Regulation (EC) No 352/2009 adopting a common safety method for the assessment of the risks referred to in the sub-paragraph. An independent safety assessment shall also be used for the application of technical standards where a standard requires an independent assessment as part of an assessment of the safety performance of the system.
The Agency shall, upon application, nominate an institution for an independent safety assessment, as required by the Commission Regulation referred to in paragraph 1 or in technical standards. The designation of an institution shall be subject to:
(1) the institution is a legal person registered in Finland;
(2) the institution and its staff are reliable and their independence is guaranteed;
(3) the institution has adequate liability insurance or other equivalent arrangements for the scale of the activity; and
(4) the institution has sufficient skilled staff at its disposal, as well as the systems, equipment and equipment required for its operations.
Where the functions of an independent safety assessment body are carried out by a separate and identifiable part of the legal person, the institution shall not, for the purposes of paragraph 2 (2), be deemed solely to lose its independence.
The Agency may include in the decision designating an independent safety assessment body any restrictions or conditions relating to the operation of an installation to ensure that the installation includes: Are properly managed.
The Agency may revoke the designation of an independent safety assessment body as a whole or for a limited period if:
(1) the institution does not meet the requirements laid down;
(2) the institution acts essentially in breach of this Act or of any provisions adopted pursuant to it;
(3) the institution operates in contravention of the interoperability Directive, the independent safety assessment standards or the provisions on the risk assessment of the railway system and subsystems, and the deficiency must be regarded as essential.
Before deciding to withdraw the designation, the Agency shall provide the institution with an opportunity to correct the deficiency within a reasonable period of time, which shall not be less than two months.
More detailed provisions on the requirements and tasks of the independent safety assessment body, as well as the inspection procedure and audit opinions of the institution, shall be adopted by the Government Decree. (13/03/98)
The documents drawn up by an independent safety assessment body and correspondence relating to verification procedures shall be drawn up in one of the official languages of the Member State in which the applicant is established. Alternatively, another language approved by the applicant may be used. If necessary, the Finnish Transport Safety Agency may require a Finnish or Swedish translation of the documents.
The provisions relating to criminal law in the service of the independent safety assessment body shall be subject to the provisions laid down in Article 66. The liability for damages is governed by the law on compensation.
The Transport Safety Agency shall assign a vehicle number to the vehicle with the first registration of the vehicle in the vehicle register referred to in Article 68. (13/03/98)
The applicant for the first authorisation for placing in service of the vehicle shall be responsible for ensuring that the vehicle number assigned to the vehicle is entered in the vehicle concerned. If necessary, the Transport Safety Agency may amend the vehicle number assigned to the vehicle and require the vehicle holder to modify the marking of the vehicle. (13/03/98)
In the case of railway interconnectors between Finland and Russia, vehicles may be used for the purpose of using the vehicle number assigned to the third country vehicle.
The Transport Safety Agency shall maintain a fleet register to promote the safety of the railway system and to identify the vehicles.
The register shall contain information on:
(1) the owner and holder of the vehicle;
(2) the vehicle identification number assigned to the vehicle and its modification;
(3) restrictions on the use of the vehicle;
(4) the entity in charge of maintenance of the vehicle;
(5) the ec declaration of verification and its issuing body;
(6) references to the European register of approved vehicles operated by the European Railway Agency.
A decision of the Traffic Safety Agency shall be provided for in other parts of the vehicle register.
The railway undertaking operating between Finland and Russia in Finland shall, after receiving the information referred to in this paragraph, without undue delay and at the latest when applying for the authorisation for placing in service referred to in Article 57, Vehicle units entering the Transport Security Agency from the Russian Federation with significant information on the vehicle register:
(1) the owner or holder of the vehicle;
(2) restrictions on the use of the vehicle;
(3) information relevant to safety related to the maintenance plan of the vehicle.
(13/03/98)The safety authorities and investigative bodies of the other countries belonging to the European Economic Area shall have the right of access to the furniture register, without prejudice to the secrecy provisions of the fleet register. Information shall also be provided on a reasoned request to the regulatory bodies of other Member States belonging to the European Economic Area, the European Railway Agency, rail operators and infrastructure managers and persons, or Organisations which register vehicles or have been identified in the vehicle register.
Before the vehicle is introduced in the rail system, it shall be registered. The application for registration of a vehicle shall be submitted to the Transport Safety Agency if the vehicle is first introduced in Finland. The equipment shall be registered by units in a vehicle register kept by the Traffic Safety Agency if the vehicle has received the first authorisation for placing in service in Finland. In Finland, the first requirement for the placing in service of a vehicle for the first time in a country which is part of the European Economic Area is that the unit is registered in that State's fleet register. (13/03/98)
The Agency shall remove the vehicle from the vehicle register if:
(1) the conditions for registration are no longer fulfilled; or
2) the vehicle has been destroyed, destroyed or otherwise disposed of.
The owner or the holder of a vehicle registered in the register shall notify the Agency if:
(1) for the purposes referred to in paragraph 2, the vehicle shall be removed from the rolling stock register;
(2) the owner or holder of the vehicle is replaced; or
(3) the particulars referred to in paragraph 2 of the vehicle register of the vehicle shall be changed.
The notification shall be made without undue delay when the owner or holder of the vehicle has been informed of the change. If no notification has been made within 30 days of receipt of the change by the owner or the holder, the Agency may prohibit the use of the vehicle.
The Agency shall, where appropriate, inform the competent authorities of other States of the European Economic Area referred to in paragraph 3 of the amendments to the data entered in the vehicle register.
The Agency shall keep the information contained in the vehicle register for a period of 10 years after the vehicle has been removed from the register. Data shall be stored for three years in electronic format.
In order to promote the interoperability of the rail system, the Finnish Transport Safety Agency shall keep track records. The register shall include information on the characteristics of the subsystems or parts of the subsystems belonging to the network and whether they are compatible with the characteristics specified in the technical specifications for interoperability.
Infrastructure managers shall provide up-to-date information on the infrastructure they manage. In addition, infrastructure managers shall provide up-to-date information on changes to the network.
More detailed provisions on the transmission of information to the register and related deadlines are laid down by the Government Decree.
The Transport Safety Agency shall be a regulatory body in the railway sector and such:
(1) monitor and promote non-discrimination and equity in the railway market;
(2) supervise compliance with this law and the requirements adopted pursuant to it, and act as a correction body for the railway sector;
(3) ensure, in particular, that the procedures for granting access to infrastructure and access charges, the services provided to railway operators and their pricing and network statement are non-discriminatory and consistent with legislation; The requirements set;
4) determines the difference between rail operators and infrastructure managers.
The Agency shall, as a regulatory body, examine matters of its competence on its own initiative or on the initiative of the railway operator or infrastructure manager or any other party whose right may be concerned.
Without prejudice to the confidentiality rules, the Agency shall be entitled, without undue delay, to obtain the necessary information and a report on rail operators and infrastructure managers. The Agency may, as a regulatory body, use the means by which it is entitled under Article 78 to exercise its supervisory role. (15/04/2013)
A party may apply for an adjustment to the Transport Safety Agency as a regulatory body in the event of a decision by the Transport Agency:
(1) overloaded infrastructure capacity within the meaning of Article 23;
2) the individual priority order referred to in Article 24;
(3) the allocation of infrastructure capacity within the meaning of Article 26;
(4) the allocation of the emergency infrastructure capacity referred to in Article 27;
5. The withdrawal or withdrawal of the infrastructure capacity referred to in Article 28;
6) the infrastructure charge referred to in Article 37.
In accordance with this section, the correction shall also apply to the use of the private track charge and the reasons for it.
The Transport Safety Agency shall resolve the objection referred to in this Article within two months from the date on which it has obtained the necessary clarification. However, in the case of an individual preferential order, the allocation of infrastructure capacity and the allocation of emergency infrastructure capacity, the decision shall be adopted within 10 days after the Agency has had access to the case The necessary clarification. The processing of the adjustment requirement is otherwise provided for in the administrative law (2003) .
A railway operator or infrastructure manager may refer a case other than that referred to in Article 71 to the Transport Safety Agency if it considers that someone is acting contrary to or contrary to the requirements laid down by this law or The requirement of non-discrimination and equity. The Agency may also examine it on its own initiative.
This must be resolved primarily by means of conciliation. Where mediation does not result in a result, the Agency shall issue a decision within two months of the date on which it has obtained the necessary clarification.
The Transport Safety Agency shall lay down the provisions on the implementation of the TSIs referred to in the interoperability Directive. In addition, the Agency may issue additional technical specifications for interoperability.
In order to ensure the safety and the technical functioning of the rail system, the Transport Safety Agency shall provide more detailed provisions:
(1) traffic, traffic management and track-work;
(2) the procedure for placing in service;
3) the safety management system;
(4) the equipment used for the network and its operation;
(5) certification of units in charge of maintenance, maintenance workshops and maintenance services;
(6) track, track structures and equipment and track maintenance;
(7) safety equipment, signalling, learning and signalling of the railways;
(8) the vehicle register and the track record and the registration procedures; (13/03/98)
(9) preparing for an accident or incident;
(10) on the means of storage and storage of railway records; and
11) on the safety report of the infrastructure manager and the railway operator.
The Transport Safety Agency may, for a specific reason, grant authorisation to derogate from the provisions adopted if the safety and technical functioning of the railway system is not compromised. The decision may impose conditions and restrictions to ensure security. The Agency may require the applicant to assess the risks. An application for derogation shall be sought before taking any action.
A derogation shall not be granted on the basis of the provisions implementing technical specifications for interoperability pursuant to this Article.
The Transport Safety Agency shall be responsible for supervising the rail system. The control obligation referred to in this Article shall also apply to the tracks referred to in Article 1 (3) (3) and (4) and the vehicles used thereon.
The Transport Safety Agency shall monitor:
1) compliance with the safety requirements of the railway system;
(2) conformity of the safety management systems of the railway operator and infrastructure manager;
3) compliance with the interoperability requirements of the rail system;
(4) the conformity, use and maintenance of the subsystem;
(5) conformity of interoperability constituents and their market and use;
(6) the activities of the notified body and the independent safety assessment body; (13/03/98)
(7) registration of vehicles and relevant information in the vehicle register; (13/03/98)
8) provision for exceptional circumstances and disruption in the rail system. (13/03/98)
The Agency may carry out its monitoring mission on the basis of prior notification or unannounced.
The Agency shall have the right to exercise a supervisory function:
(1) access to the extent necessary for supervision at the premises of the railway operator, the infrastructure manager and the undertaking carrying out the operation of the railway system, with the exception of permanent housing; Premises used;
(2) supervise the activities of staff employed by the operators referred to in paragraph 1; and
(3) to obtain, without prejudice to the provisions of confidentiality, the documents necessary for the supervisory function.
The Finnish Transport Safety Agency may use the assistance of an expert if it is necessary to carry out such controls. The expert shall be subject to the provisions relating to criminal liability in the performance of the duties referred to in this paragraph. The liability for damages is governed by the law on compensation. Police officers' obligation to provide administrative assistance (872/2011) in Chapter 9 of Chapter 9 . (30.12.2013/1172)
The railway operator and the infrastructure manager must be adequately prepared for the threat or accident threatening the railways.
The Transport Safety Agency may oblige the railway operator, the infrastructure manager and the operator to carry out road safety related tasks in the rail system, to participate in the rescue exercises and to participate in rail transport. Civil protection, but not more than five days per calendar year.
The investigation of the accident and incident on the railway is provided for in the safety investigation (25/2011) . If, however, the accident or incident is not admissible under that law, the Finnish Transport Safety Agency may examine it if it is necessary to promote railway safety.
The holders of a safety certificate or authorisation shall make provision for exceptional circumstances and shall ensure that their activities continue as smoothly as possible in the standby law (1802/2011) And shall be treated as such in the event of disturbance of normal conditions. They shall participate in contingency planning and prepare in advance in exceptional circumstances and be assimilated to normal conditions in the event of disruption.
The Ministry of Transport and Communications may, in addition to what the standby law provides for the powers of the Council and the Ministry of State and the Ministry of Transport and Communications, provide for more detailed provisions necessary to deal with exceptional circumstances and situations of disturbance to normal circumstances. The organisation of contingency planning by a regulation of the Ministry of Transport and Communications.
In addition to the rest of the law, the railway operator and the infrastructure manager shall inform the Transport Safety Agency without delay of any accident or incident which has been brought to their attention.
The information referred to in paragraph 1 shall be kept secret by virtue of Article 24 of the Law on Public Administration. In addition, the Finnish Transport Safety Agency may keep secret information on the information referred to in paragraph 1 if the provision of information would jeopardise the future access to information. (13/03/98)
The decree of the Council of State lays down more precise provisions on the notification requirement and its content within the meaning of 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 82, unless it is a serious negligence Failure to fulfil obligations or criminal law (39/1889) The procedure laid down for penalties.
The railway undertaking, the infrastructure manager and any other operator within the meaning of this law shall not discriminate against an employee or other person in his service who makes a declaration of potential danger.
The Transport Safety Agency shall ensure that the recommendations issued under the safety investigation law are duly taken into account and that the rail system operators and rail operators shall Measures necessary to ensure safety. Where appropriate, the Transport Safety Agency may make use of the efficiency measures provided for in Article 87 if the operators of the railway system do not take the necessary measures.
The network used for the communication of rail transport shall only be used in communications related to road safety. The Transport Agency shall ensure that rail communications, data generated by security equipment and other information necessary for the investigation of incidents and accidents are stored and stored in a manner that safeguards them. Unlawless interference. Data shall be disposed of after the data are no longer required for the purposes of the use of the data.
Subject to other legislation, the Traffic Safety Agency and the Transport Agency shall be permitted to use the railway records and identification data referred to in this Article:
(1) Transport Safety Agency for the purpose of carrying out its tasks relating to the investigation of railway accidents and incidents and to the control of public authorities; and
2) Transport Agency to carry out its oversight of the Agency's safety management system, to monitor and develop road safety and to investigate incidents and accident investigations. Prevention.
(27/06/2015)Subject to other legislation, the railway operator, the private track holder and the company providing traffic control services shall have the right to have access to voice communications and identification data relating to rail traffic In order to prevent incidents and accidents occurring in the operation of the operator, as well as to develop voice communications relating to rail safety. The right to information referred to in this paragraph shall apply only to the recording of voice communications by rail where the operator himself or its staff is a party. (27/06/2015)
However, where the Safety Investigation Authority decides to initiate the safety investigation, the records referred to in paragraphs 2 and 3, and the identification details thereof, may be used in accordance with paragraph 2 and paragraph 3 Shall not be released until after the Accident Investigation Centre has received the necessary records and identification data for the purposes of the investigation, and, according to the assessment of the Accident Investigation Board, their release and use is not harmful to the investigation. (27/06/2015)
Anyone who deliberately carries out an authorisation for rail transport without a proper authorisation must be condemned On unauthorised rail transport Fine.
Every intention or carelessness
(1) operate rail transport in the absence of the conditions laid down in Chapter 2;
(2) operate as a infrastructure manager in the absence of the conditions laid down in Chapter 3;
(3) use infrastructure capacity in contravention of Chapter 4; or
(4) moves or stays unlawfully in the railway yard, line, railway bridge or railway tunnel, which is not available to the public;
Shall be condemned, if the act is not minor or otherwise provided for by law, Infringement of railway legislation Fine.
In breach of the provisions of Chapter 8 and Chapter 9, any subsystem or interoperability constituent may be introduced, marketed, sold, sold or otherwise disposed of by a subsystem or an interoperability constituent, shall be condemned, unless the act is minor or The rest of the law provides for a more severe penalty, The interoperability requirements of the rail system Infringement Fine.
Any violation 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.
The Transport Safety Agency may issue a note or a warning to the railway undertaking, the infrastructure manager and any other railway operator within the meaning of this Act, if this works in breach of the requirements laid down in this Act or under it. A warning may be given if the comments in their entirety cannot be considered sufficient. (13/03/98)
The comment may be given orally or in writing. The warning shall be given in writing.
The Finnish Transport Safety Agency may, after giving the appropriate opportunity to be heard, order the railway undertaking, the infrastructure manager and any other railway operator referred to in this law to rectify its errors or omissions, and to impose on it: Or prohibit the measure if the person concerned acts in breach of the requirements laid down in this law or in accordance with the requirements laid down in this Act. The Office may impose a periodic penalty payment or threat of suspension or failure to act at the expense of the person concerned. The penalty payment, the threat to be made and the threat of suspension are laid down in the (1113/1990) .
The Transport Safety Agency shall have the right to suspend a measure threatening or affecting the railway system, or any other event, where there are reasonable grounds to believe that the safety of the railway system or the lives or health of the railway system is under threat. 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.
The State network is maintained and built to the extent permitted by the appropriations allocated to the State budget and other funding. The rail fee referred to in Chapter 5 of this Act shall be used for the financing of track-keeping. This rate will be taken into account in the State budget.
The railway operator shall have in force adequate insurance or other equivalent arrangements for the use of a vehicle in the event of any damage caused to another by a vehicle in respect of which the operator is legally or Responsible for the contract. When assessing the adequacy of an insurance or other similar arrangement, account shall be taken of the nature and extent of the activities pursued and the risks arising from the operation. The insurance shall be valid throughout the period in which the activity is exercised.
If the case pending before the Finnish Transport Safety Agency concerns a procedure that may break the competition law (198/2011) The provisions on restrictions of competition, the Office may refer the case to the antitrust aspects in accordance with that law. (15/04/2013)
The restrictions on competition in the rail market and their harmful effects shall be assessed in the light of this law and the provisions and provisions adopted pursuant to it.
The railway undertaking shall in its accounts comply with the relevant provisions in force in the European Union and in Finland. In addition, the RU shall carry out an annual summary of the profitability of the freight transport, together with the annual summary of its production equipment, value and associated financial liabilities, which shall be published. Revenue from passenger transport purchased as public services shall be recorded separately and shall not be used to cover any other business costs.
The decision taken pursuant to Articles 60, 67 and 69 of this Law may require a corrigendum to the Transport Safety Agency, such as in the administrative law (2003) Provides. The decision to amend the requirement of amendment and any decision taken under this Act shall be subject to appeal by the administrative court in accordance with the administrative law (18/06/1996) Unless otherwise provided for in this Act.
Decision on the withdrawal of authorisation, safety certificate or safety authorisation, cancellation of authorisation for placing in service of a subsystem, withdrawal of authorisation for placing in service of a vehicle, notified body or independent The withdrawal of the designation of the body responsible for the safety assessment, the withdrawal of the infrastructure capacity, the provision, the obligation or prohibition referred to in Article 87 and the absence of an action or interference in the action referred to in Article 88 Apply for change as provided for in the Administrative Loan Act. An appeal against any other decision of the administrative court may be lodged only if the Supreme Administrative Court grants an appeal.
If the matter referred to in Articles 7, 13, 17 or 72 has not been settled within the prescribed period, the applicant may lodge a complaint. The appeal shall be deemed to be against the decision rejecting the application. A complaint may be lodged until a decision has been taken. The Ministry of Transport and Communications and the Traffic Safety Agency shall inform the Appellate Authority of the decision. Otherwise, administrative law shall apply to the award and the processing of the complaint.
A decision which has resolved the dispute within the meaning of Article 34 or Article 35 shall be subject to appeal by the choice of market law as laid down by the Law on Administrative Law. Appeal against the decision of the Supreme Administrative Court to the decision of the Supreme Administrative Court, as provided for by the Administrative Law.
Any decision taken under this law shall be complied with, in spite of the appeal, if the decision so provides and unless the appeal authority decides otherwise.
The Council of State and the Council of State may request an opinion from the European Railway Agency on the decision to introduce a vehicle for the authorisation of the Vehicle Safety Agency.
The railway operator or infrastructure manager shall, without prejudice to commercial or professional secrecy, surrender to the Transport Safety Agency, or to the Ministry, the information required by the Office and the Ministry of For the issue of licences and certificates.
The railway operator or the infrastructure manager shall, without prejudice to commercial or professional secrecy, supply the Transport Safety Agency with the information required by the Agency for the registration and removal of the register referred to in Chapter 12; In the performance of the functions of the regulatory body referred to in Chapter 13 and for the control referred to in Chapter 15.
Without prejudice to commercial or professional secrecy, the rail transport operator shall submit to the Transport Agency the information required by the Agency for the purpose of determining the infrastructure charge referred to in Article 37 and for statistical purposes and research.
Notwithstanding the business or professional secrecy of the railway undertaking, the railway undertaking shall disclose to the Ministry the information required by the Ministry for the purposes of the inspection referred to in Article 13 (4).
The safety certificate referred to in Article 4 shall be notified without delay by the Transport Safety Agency for the issuing, renewal, amendment and withdrawal of the safety certificate referred to in Article 4, to the Ministry, railway operators, infrastructure managers and the European The Railway Agency. In addition, the Agency shall immediately inform the safety authority of the Member State which issued the second part of the safety certificate without delay of the withdrawal of Part A or B of the Safety Certificate.
The Agency shall immediately inform the Ministry, rail operators, infrastructure managers and the European Railway Agency of the granting, renewal, modification and withdrawal of the safety authorisation referred to in Article 16.
More detailed provisions on the reporting obligations referred to in paragraphs 1 and 2 shall be laid down by a State Council Regulation. (13/03/98)
This Act shall enter into force on 15 April 2011.
This law will repeal the railway law (555/2006) (hereinafter ' the Old law .
Before the entry into force of this Act, measures may be taken to implement it.
Under the old law, the Decree of the Council of State on services provided to railway operators (1059/2007) Shall apply as such until otherwise specified or terminated.
The authorisation granted under Article 5 of the old law shall be valid until 1 September 2012 as a licence within the meaning of this Act, after which the concession holder shall be authorised in accordance with this law.
Under Article 56 of the old Highway Code, contracts entered into by private track holders for the introduction and maintenance of a private track link, as well as the authorisations for access to the infrastructure of the private track, are in force as such.
The safety certificates issued pursuant to Article 31 of the old law and the safety authorisation granted to the transport agency pursuant to Article 32 shall be valid for the period for which they were issued.
Holders of private track whose management is controlled by Decision No 1692/96/EC of the European Parliament and of the Council on Community guidelines for the development of the trans-European transport network In the seaport or port area covered by the transport network, the application for a safety authorisation from the Transport Safety Agency for these tracks shall be submitted no earlier than 1 August 2011 and no later than 1 June 2012. Holders of other private tracks falling within the scope of the law shall apply for a safety authorisation from the Transport Safety Agency on 1 January 2012 and no later than 1 August 2013.
For the first time, the application for a derogation under Article 60 concerning the definition and certification of the entity in charge of maintenance of a third-country vehicle shall be submitted to the Transport Safety Agency by 31 days at the latest. In accordance with the procedure laid down in Article 8.
Vehicle units used in the interconnection between Finland and Russia entering the Russian Federation shall have access to the transport safety agency provided for in Article 57 from 1 January 2013. . However, if a vehicle which enters the Russian Federation in connection with a transport operation has been introduced in Finland before 19 July 2008, this authorisation shall not be required.
Old law and the repealed Railway Law (2003) And the interoperability of the trans-European rail system (561/2002) , the provisions adopted by the Railway Agency, the Agency and the Traffic Safety Agency shall remain in force until otherwise specified in the Transport Safety Agency.
Licences issued before 19 July 2008 authorising the placing in service of a vehicle or equivalent to the introduction of a vehicle, including authorisations granted under international agreements, shall continue to be valid under the conditions under which: On the basis of the authorisation. (27/06/2015)
THEY 262/2010 , LiVM 26/2010, EV 334/2010, Council Directive 91 /440/EEC (31991L0440); OJ L 237, 24.8.1991, p. 25, Council Directive 95 /18/EC (31995L0018), OJ L 143, 27.6.1995, p. 70, Directive 2001 /12/EC of the European Parliament and of the Council (32001L0012); OJ L 75, 15.3.2001, p. 1, Directive 2001 /13/EC of the European Parliament and of the Council (32001L0013); OJ L 75, 15.3.2001, p. 26, European Parliament and Council Directive 2001 /14/EC (32001L0014); OJ L 75, 15.3.2001, p. 29, Directive 2004 /49/EC of the European Parliament and of the Council (32004L0049); OJ L 164, 30.4.2004, p. 44, Directive 2004 /51/EC of the European Parliament and of the Council (32004L0051); OJ L 164, 30.4.2004, p. 164, European Parliament and Council Directive 2007 /58/EC (32007L0058); OJ L 315, 3.12.2007, p. 44, Directive 2008 /57/EC of the European Parliament and of the Council (32008L0057); OJ L 191, 18.7.2008, p. 1, Directive 2008 /110/EC of the European Parliament and of the Council (32008L0110); OJ 345, 23.12.2008, p. 62This Act shall enter into force on 1 June 2011.
THEY 204/2010 , HaVM 40/2010, EV 366/2010
This Act shall enter into force on 7 May 2013.
The Transport Safety Agency shall be responsible for the track record referred to in Article 70 from 1 January 2015. The Transport Agency shall transfer the information contained in the Infrastructure Register to the Traffic Safety Agency by 31 December 2014 at the latest. Holders of private track whose management is controlled by Decision No 1692/96/EC of the European Parliament and of the Council on Community guidelines for the development of the trans-European transport network Shall submit the information referred to in Article 70 (2) to the Transport Safety Agency by 16 March 2017 at the latest, as referred to in Article 70 (2). The other infrastructure managers shall submit the information referred to in Article 70 (2) to the Transport Safety Agency by 16 March 2019.
THEY 12/2013 , LiVM 7/2013, EV 44/2013, Directive 2004 /49EC of the European Parliament and of the Council (32004L0049); OJ L 164, 30.4.2004, p 44, European Parliament and Council Directive 2008 /57/EC (32008L0057); OJ L 191, 18.7.2008, p. 1, Directive 2008 /110/EC of the European Parliament and of the Council (32008L0110); OJ 345, 23.12.2008, p.62.
This Act shall enter into force on 1 January 2014.
THEY 168/2013 , LiVM 16/2013, EV 154/2013, Directive 2004 /49/EC of the European Parliament and of the Council (32004L0049); OJ L 164, 30.4.2004, p. 44, Directive 2007 /58/EC of the European Parliament and of the Council (32007L0058); OJ L 315, 3.12.2007, p. 44, Directive 2008 /57/EC of the European Parliament and of the Council (32008L0057); OJ L 191, 18.7.2008, p. 1, Directive 2008 /110/EC of the European Parliament and of the Council (32008L010); OJ 345, 23.12.2008, p. 62
This Act shall enter into force on 1 January 2014.
THEY 16/2013 , HaVM 20/2013, EV 207/2013
This Act shall enter into force on 1 August 2014.
THEY 48/2014 , LiVM 7/2014, EV 49/2014, Directive 2008 /57/EC of the European Parliament and of the Council (32008L0057); OJ L 191, 18.7.2008, p. 1
This Act shall enter into force on 1 January 2016.
THEY 254/2014 , TaVM 34/2014, EV 371/2014
