Regulation on the safety of the railway system

Original Language Title: Verordnung über die Sicherheit des Eisenbahnsystems

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Regulation on the safety of the railway system (Railway Safety Regulation-ESiV)

Unofficial table of contents

ESiV

Date of completion: 05.07.2007

Full quote:

" Railway Safety Ordinance of 5 July 2007 (BGBl. 1305, 1318), as last amended by Article 2 of the Regulation of 29 April 2011 (BGBl I). 705).

Status:

Last amended by Art. 2 V v. 29.4.2011 I 705

For more details, please refer to the menu under Notes
This Regulation shall be used for the implementation of Directive 2004 /49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Council Directive 95 /18/EC on the issue of Authorisations for railway undertakings and 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 (OJ L 327, 22.7.2001, p. EU No OJ L 164, p. 16), as last amended by Directive 2004 /50/EC of the European Parliament and of the Council of 29 April 2004 (OJ L 220, 30.4.2004, p. EU No L 164 p. 114, No 40), as well as the implementation of Council Directive 96 /48/EC on the interoperability of the trans-European high-speed rail system of 23 July 1996 (OJ L 200, 30.7.1996, p. EC No 6), and Directive 2001 /16/EC of the European Parliament and of the Council on the interoperability of the conventional rail system of 19 March 2001 (OJ L 327, 22.3.2001, p. EC No 1), as last amended by Directive 2004 /50/EC of the European Parliament and of the Council of 29 April 2004 (OJ L 136, 31.5.2004, p. EU No L 164 p. 114, No L 220 p. 40).

Footnote

(+ + + Text certificate: 14.7.2007 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 48/96 (CELEX Nr: 396L0048) 
 ERL 49/2004 (CELEX Nr: 304L0049) 
 EGRL 16/2001 (CELEX Nr: 301L0016) + + +)

The V was established as Article 2 of the V v. 5.7.2007 I 1305 by the Federal Ministry of Transport, Building and Urban Development in agreement with the Federal Ministry of Finance and the Federal Ministry of Economics and Technology with the approval of the Federal Council . She's gem. Article 8, first sentence, of this V mWv 14.7.2007 entered into force. Unofficial table of contents

§ 1 Scope

This Regulation shall apply to regular public railways, in so far as these do not operate networks of regional transport or service facilities or are regional railways. Unofficial table of contents

§ 2 Definitions

For the purposes of this Regulation:

1.: "safety rules" means any rules which contain requirements to ensure the safety of railway undertakings and which apply to more than one railway, irrespective of the place where these rules are laid down;
2.: "Technical Specifications for Interoperability" (TSI) Specifications within the meaning of Chapter II of Council Directive 96 /48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system (OJ L 327, 22.9.1996, p. EC No 6) and Directive 2001 /16/EC of the European Parliament and of the Council of 19 March 2001 on the interoperability of the conventional rail system (OJ L 197, 21.7.2001, p. EC No 1), as last amended by Commission Directive 2007 /32/EC of 1 June 2007 (OJ L 136, 31.7.2007, p. EU No 63), which apply to each subsystem or part thereof in the light of the fulfilment of the essential requirements and ensure interoperability.

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§ 3 Safety regulations

(1) The Federal Ministry for Transport, Building and Urban Development shall communicate to the Commission all the safety rules as defined in Annex II to Directive 2004 /49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Council Directive 95 /18/EC on the licensing of railway undertakings and Directive 2001 /14/EC on the allocation of infrastructure capacity of railway undertakings and the Railways, the levying of charges for the use of railway infrastructure and the safety certificate (OJ L 327, 44, OJ L 220, 21.6.2004, p. 16), as last amended by Directive 2009 /149/EC (OJ L 164, 30.4.2009, p. 65), and the indication of its scope of application. (2) Railways have immediately notified the safety authority of any changes to the provisions they have laid down and which have already been notified in accordance with paragraph 1. to communicate in writing safety rules as defined in Annex II to Directive 2004 /49/EC. The provisions of the first sentence shall apply mutatily to the transmission of security provisions adopted by the countries as laws, regulations or administrative provisions. (3) The Federal Ministry of Transport, Building and Urban Development shall forward to the Commission without delay, any changes to safety rules which have already been submitted in accordance with paragraph 2, provided that the provisions in question do not relate exclusively to the application of technical specifications for interoperability. (4) As soon as the common safety objectives within the meaning of Article 1 (e) of Directive 2004 /49/EC, in a procedure laid down in Article 7 of Directive 2004 /49/EC, a railway may not provide for a new safety rule which provides for requirements for security beyond the common safety objectives, setting and applying,

1.: until such time as the procedure laid down in Article 8 (6) and (7) of Directive 2004 /49/EC (EC participation procedure) has been completed, or
2.: if the Commission has taken a negative decision on it.

The railway has to submit the draft safety regulation to the safety authority. This information is transmitted to the Commission via the Federal Ministry of Transport, Building and Urban Development and informs the railways of the outcome of the EC participation process. Unofficial table of contents

Section 4 Application for safety certificates and security permits

(1) Applications for safety certificates and safety approvals shall be submitted in German. (2) The safety authority shall provide the applicants with a guide, free of charge, within the framework of the application procedure, in which: the requirements for safety certificates and safety approvals are explained and the documents to be submitted are listed. Unofficial table of contents

§ 5 Teaching Obligations

(1) The safety authority shall immediately inform the safety authority of the other Member State, following the withdrawal of a national certificate within the meaning of Article 7a (4) of the General Railway Act, that of the national certificate (2) The safety authority shall inform the European Railway Agency (Agency) within one month of the granting, renewal, modification or revocation of the safety certificate of Safety certificates according to § 7a para. 2 no. 1 and of security approvals in accordance with Section 7c (2) No. 1 in conjunction with Section 7b of the General Railway Act. The notification shall include the name and address of the railway undertaking, the date of issue, the scope and duration of the safety certificate or the safety authorisation, and, in the case of withdrawal, the reasons for this. Unofficial table of contents

§ 6 Security Report

Railway systems requiring a safety certificate or a safety authorisation shall be required to submit to the safety authority, by 30 June each year, a written safety report in accordance with the second sentence of sentence 2, which shall be based on the previous calendar year. This safety report shall include:

1.: Information on the achievement of the objectives for the maintenance and improvement of the safety referred to in point 2 (b) of Annex III to Directive 2004 /49/EC in relation to the undertaking concerned, and the plans for the achievement of that objective these objectives have been implemented;
2.: the development of the common safety indicators set out in Annex I to Directive 2004 /49/EC in relation to the undertaking concerned;
3.: the results of internal security audits;
4.: Information on dangerous events in the railway operation examined by the investigating authority responsible for the investigation of major accidents in railway operations, and the measures taken as a result.

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§ 7 Annual Report

(1) Each year the safety authority shall publish a report on its activities of the previous year and shall forward it to the Agency by 30 September each year at the latest. (2) The report shall contain information on:

1.: the development of railway safety, including a compilation of the common safety indicators referred to in Annex I to Directive 2004 /49/EC;
2.: important amendments to laws, regulations and administrative provisions in the field of railway safety;
3.: the enforcement of the provisions on safety certificates and of safety approvals in general terms and
4.: the implementation of the railway supervision in general terms.

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§ 8 Administrative Offences

Contrary to § 28 (1) (6) (b) of the General Railways Act, who intentionally or negligently than in the company does not comply with § 6 sentence 1 of the safety report, is not correct, not complete or not in time.