Rules On The Safety Certificate Part A And Part B, Suspension And Cancellation Of Procedures And Criteria

Original Language Title: Noteikumi par drošības sertifikāta A daļas un B daļas izsniegšanas, apturēšanas un anulēšanas kārtību un kritērijiem

Read the untranslated law here: https://www.vestnesis.lv/ta/id/172807

Cabinet of Ministers Regulations No. 168 in Riga, 10 March 2008 (pr. No 15 32 §) rules on security certificates part A and part B, suspension and cancellation of the order and issued in accordance with article 35 of the law of the railways, the fourth part i. General questions 1. rules shall determine any issue, suspend or revoke the security certificate part A and part B, as well as the issuance, suspension and cancellation criteria. 2. the safety certificate part A and part B, which shall be drawn up according to the European Commission of 13 June 2007 Regulation (EC) no 653/2007 on the use of a single European model of security certificates and application documents, in accordance with European Parliament and Council Directive 2004/49/EC article 10 and on the validity of safety certificates issued under the directive of the European Parliament and of the Council 2001/14/EC (hereinafter Regulation No 653/2007) , 1, 2, and 4. the requirements laid down in article 1, shall be issued for a period of up to five years. II. Application for safety certificate part A and part B of application security certificate 3 (A) or (B) receiving (hereinafter application) the carrier present of Regulation No 653/2007 3 the requirements laid down in the article. 4. the application shall be submitted to the national railway technical inspection. 5. (A) the security certificate for the application shall be accompanied by the following: 5.1 a copy of the Statute to the carrier or the public;
5.2. the Member State of the European Union the carrier issued special permits (licenses) by rail. If a special permit (licence) issued in Latvia, the national railway technical inspection, in agreement with the carrier, request the necessary information from the competent authorities;
5.3. the carrier created the security management system documents that match that rule 1. the requirements set out in the annex. 6. the safety certificate part B of the application only to wrap documents for items that meet the interoperability technical specifications and regulations on the European railway system interoperability requirements: 6.1. Member States of the European Union, the security authorities of the carrier issued a valid security certificate a copy of part A, unless the carrier at the same time submit documents (A) the security certificate and the receipt of part B or if a security certificate is issued (A) in Latvia;
6.2. the Member State of the European Union the carrier issued special permits (licenses) by rail, except if the carrier submitted documents at the safety certificate part A and part B. If a special permit (licence) issued in Latvia, the national railway technical inspection, in agreement with the carrier itself requests the necessary information from the competent authorities;
6.3. a copy of the proof of financial and material resources, the adequacy of special permission (license);
6.4. the applicable technical specifications of interoperability or parts thereof and annex 1 of these rules referred to in point 2.3 of the rules list with an indication of their application of the carrier's safety management system processes with regard to staff, rolling stock and the services and documents that confirm that the specifications and requirements of the rules provides a safety management system;
6.5. the railway employed the carrier posts a list of specialists;
6.6. documents on the safety management system provided for in of human resource processes: 6.6.1. If the carrier is carrying dangerous goods: 6.6.1.1. documents concerning the safety adviser (Advisor), but if there are several security consultants (Advisor),-for each safety adviser (Advisor);
6.6.1.2. documents for dangerous goods transport requirements and post control system;
6.6.2. a statement that the carrier rail specialist qualifications comply with the railway technical operation of law requirements, including as regards the certification for the regulated professions and the recognition of professional qualifications;
6.6.3. a document showing the carrier's employee knowledge about the behaviour of railway accidents in accordance with the established procedure, the infrastructure manager;
6.7. list identifying the types of rolling stock, which is expected to operate according to the requested security certificate;
6.8. the safety management system proposed by the rolling stock related to the documentation of the process: 6.8.1. rolling stock repair and maintenance of formal security, as well as the traction rolling stock ekipēšan;
6.8.2. acknowledgement of receipt of the relevant railway station rolling stock to be used in the construction of railway technical compliance with the laws and regulations of operation requirements and the suitability of the relevant railway infrastructure;
6.8.3. the attestation of the conformity of the rolling stock equipment for cargo transport speed of the group, as well as communications, control command and signalling systems of the relevant railway station. 7. Submit paper copies of documents certifying the carrier. The national railway technical inspection has the right to require the original documents. If the security certificate to be submitted to the paper copy of the document is on several pages, they must be numbered and cauršūt (through auklot). 8. electronic documents Submitted carrier dealt with in accordance with the legislation on electronic document design. 9. the carrier wishing to continue to use the railway infrastructure, not later than two months before a safety certificate part A or part B, the term of validity of the present national railway technical inspection application new safety certificate part A or part B. The application shall be accompanied by documents related to the previously received security certificate or part B part A condition changes, and a statement that the carrier has not changed the General safety certificate part A or part B. 10. If the carrier intends to change the operating conditions mentioned in Regulation No 653/2007 of 2.6. Annex III-2.14, 2.16, 2.19-3.6-3.14 and 3.16. submit documents in this new safety certificate part A or part B (independent from the existing security certificates part A or part B, the term of validity). The application shall be accompanied by documents related to the previously received security certificate or part B part A condition changes, and a statement that the carrier has not changed the General safety certificate part A or part B. 11. If the carrier intends to change the operating conditions specified in these regulations 6.1, 6.2, 6.5 and 6.7 in the documents, referred to in this document shall be submitted to a new security certificate for part B (independent from the existing security certificates the validity of part B). The application shall be accompanied by documents related to the previously received a safety certificate part B in terms of the changes, and a statement that the carrier has not changed the General safety certificate part B. 12. If the carrier intends to change that rule 6.3, 6.4, 6.6 and 6.8. the conditions referred to in or modify the security management system, the process set out in the carrier for at least a month before the change shall inform in writing the national railway technical inspection. 13. the carrier each year up to 30 June shall be submitted by the national railway technical inspection annual safety report concerning the preceding calendar year. The safety report shall contain: 13.1. information on carrier safety set objectives and plan the security measures;
13.2. the carrier's safety performance in accordance with Annex 2 of these rules (the indicators relating to rail traffic, provide the European Parliament and of the Council of 16 December 2002, Regulation (EC) No 91/2003 on rail transport statistics, if the necessary information is available);
13.3. internal security audit results;

13.4. observations on the operation of the railway infrastructure manager and malfunctions and deficiencies relating to the railway technical inspection activities. III. consideration of the application and decision-making 14. Railway technical inspection shall examine the application of the carrier and the documents annexed thereto and, if it finds that the security certificate documents submitted do not meet the requirements of this regulation if they are incomplete or inaccurate, the requesting carrier additional information indicating its submission deadline. 15. National Railway technical inspection, examination of the application, be entitled to call for the provision of explanations to the carrier, and public use of the rail infrastructure. 16. Decision on security certificates (A) the issue or refusal to issue a safety certificate part A national railway technical inspection shall be adopted within one month of receipt of the application. 17. In considering the application of the carrier safety certificate part B, national railway technical inspectorate within five working days after the rules referred to in paragraph 6 of document receipt, submit it together with a security certificate a copy of part A of the railway infrastructure manager, for his opinion about the carrier's rolling stock technical and operational characteristics of the compliance with the conditions of the network, except where the applicant is also the railway infrastructure managers concerned. 18. rail infrastructure manager shall examine the application of the carrier safety certificate part B and within 14 days of its receipt, submit national railway technical inspection this provision in paragraph 17 of that opinion and proposals on the safety certificate part B of the conditions of issue. 19. National Railway Technical Inspectorate within one month of submission of the application, the carrier's safety certificate part B to decide on the safety certificate part B the issue of or refusal to issue a safety certificate part B. 20. The decision on the refusal to issue a safety certificate part A or part B national railway technical inspection shall be adopted in the following cases: 20.1. If carrier does not comply with the technical operation of the railway by the laws or regulations on railway traffic safety requirements or of the rail infrastructure was laid with rail traffic safety related requirements;
20.2. If national railway technical inspection has not submitted all the required documents and national railway technical inspection, the additional information requested in accordance with the requirements of this regulation;
20.3. If the carrier during the year before the application is withdrawn in the security certificate part A or part B. 21. National Railway technical inspection within three working days after the decision to send the carrier. The decision to send a copy of the rail infrastructure. 22. If a security certificate (A) or (B) a part is lost or damaged, the national railway technical inspection upon receipt of the application within 10 working days of the issue of security certificates part A or part B of the duplicate. 23. If the carrier who has received a safety certificate part A or part B, change the address or other security specified in the certificate properties, this 10 working days notify the railway technical inspection, submitting the application. The application shall be accompanied by (A) the security certificate, or (B) part of the original and copies of the documents (showing original) confirming the changes. 24. National Railway technical inspection of eight working days after this Regulation referred to in paragraph 23 of the receipt of the application, shall issue a new security certificate carrier, part A or part B and shall inform the managers of the railway infrastructure. IV. Security certificate suspension and cancellation 25. The decision to suspend the security certificate part A or part B of the national railway technical inspection shall be adopted, if the carrier violated this provision or rail traffic safety regulatory requirements, laws and endangering railway traffic safety. (A) the security certificate, or (B) suspended for a period up to that offence. 26. the decision to revoke the issued security certificates part A or part B national railway technical inspection shall be adopted in the following cases: 26.1. If the procedure laid down in these provisions, the carrier issued new safety certificate part A or part B;
26.2. If the carrier provided false statements;
16.3. If carrier repeatedly stops during the year security certificate;
16.4. If the carrier during the year does not use a security certificate;
16.5. If the carrier has terminated the operation. 27. security certificate revoked (A) or (B) of part of the original carrier passes the railway technical inspection within five working days after the decision on withdrawal of the security certificate takes effect. 28. Before the adoption of the decision on security certificates part A or part B of these regulations cancellation of 26.2. in the case referred to in subparagraph national railway technical inspectorate shall send a notice to the carrier. Warning indicates any irregularities and to establish the elimination period, it no longer than five working days from the date of notification of a warning. 29. If the rules laid down in paragraph 28 of the warning expires, the carrier does not submit the national railway technical inspection on the alert in the prevention of breaches referred to in the national railway technical inspection shall take a decision on security certificates part A or part B of the cancellation. 30. If a decision on security certificates part A or part B of the suspension or withdrawal of the national railway technical inspection shall notify in writing the Manager of the rail infrastructure and the carrier. In this case, the railway infrastructure managers are not entitled to allow the carrier to use the railway infrastructure to the security certificate renewal or new safety certificate part A or part B. V. closing question 31. Be declared unenforceable in the Cabinet of 12 October 2004, Regulation No 853 "railway safety certificate issuance, suspension and cancellation procedures" (Latvian journal, 2004, nr. 164; 2007, no. 26). Informative reference to European Union Directive provisions included in the law arising from the European Parliament and of the Council of 29 April 2004, Directive 2004/49/EC 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 railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (railway safety directive). Prime Minister i. Godmanis traffic Minister a. shlesers annex 1 Cabinet on 10 March 2008 No 168 of the rules of safety management system requirements and basic elements sliding 1. security management system requirements may include the following: 1.1 the safety management system, the basic elements of the document and all the parts that describe the duties and responsibilities of the carrier, especially in conjunction with the infrastructure manager;
1.2. the safety management system shows how different is provided as management level are involved in all levels of staff and its agents and how is the security management system of permanent improvement.
2. The security management the key elements of the system are the following: 2.1 security policy that has been approved by the head of the carrier and notified all personnel;
2.2. qualitative and quantitative carrier aims to maintain and improve security, plans and procedures to achieve these objectives;
2.3. the procedures existing, new, and amended by the technical and operational documentation for compliance with the laws that are designed in accordance with the: 2.3.1. interoperability technical specifications;
2.3.2. the legislation on national security targets and safety methods;
2.3.3. the legislation on carrier safety management systems and safety certification;
2.3.4. the legislation on the registration of rolling stock;
2.3.5. the laws and regulations of the railway rolling stock repair and modernisation of the special arrangements;
2.3.6. the legislation on the newly built rolling stock or rolling stock that has performed special repair or modernization, operation, as well as the acceptance of the rolling stock maintenance, which are not yet covered by the interoperability technical specifications;
2.3.7. the legislation on operational rules rail network which are not yet covered by the interoperability specifications, including regulations, relating to the signalling and traffic management of sis theme;
2.3.8. the laws and regulations that set requirements for the additional agenda rules to be adopted by the carrier;

2.3.9. the laws and regulations on the requirements for staff directly related to rail traffic, including the personnel selection criteria, health, vocational training and certification as far as they are not already defined in the technical specifications for interoperability;
2.3.10. the laws and regulations on railway accidents investigation;
2.4. the procedures of the applicable regulations, the documentation standards and other prescriptive compliance throughout the life-cycle of equipment and operations;
2.5. the procedures and methods for the risk assessment and risk control measures in cases where the operating conditions or new material imposes new operation risk factors;
2.6. staff training programmes and systems assurance staff competences and duties;
2.7. the carrier measures sufficient internal information and in some cases-between traders operating in the same railway infrastructure;
2.8. the procedures and sample, how to document security information, as well as important safety information control procedures;
2.9. procedures to ensure that accidents, incidents, dangerous approach and other dangerous events are logged, investigated and analyzed, as well as being performed the necessary preventive measures;
2.10. the relevant national regulatory authorities according to a coherent action plan for competence, alerts, and provision of information after the accident;
2.11. the safety management system internal audit. Traffic Minister a. shlesers annex 2 Cabinet on 10 March 2008 the rules no 168 carrier security indicators 1. railway traffic accidents related indicators: 1. total and relative (to train km) rail traffic accidents and train in a railway accident in the following cases: train collision 1.1.1, including collisions with obstacles within the clearance gauge of the rolling stock;
1.1.2. the train leaving on track;
1.1.3. the collision on a level crossing, including collisions with pedestrians;
1.1.4. rail traffic accidents with casualties caused by the movement of rolling stock, excluding suicides;
1.1.5. suicide and suicide attempts;
1.1.6. the rolling stock fire;
1.1.7. other railway accidents;
1.2. for each rail traffic accidents reported, due to its original form, even if the secondary rail accident consequences are more severe, such as a fire after exiting the train off the Rails;
1.3. total and relative (to train km) the number of persons that have serious injury or destroyed. Indicated for the rail accident, taking into account the following breakdown: 1.3.1. passengers (also common — km);
1.3.2. employees, including subcontractors personnel;
1.3.3. the level-crossing users;
1.3.4. unauthorised persons on railway territory;
1.3.5. other indicators.
2. the indicators relating to the following railway accidents: 2.1 the passing past the prohibitive tone-total and relative (to train km);
2.2. total and relative (to train km) into the existing rolling stock wheels and lūzuš number of axles.
3. Figures related to railway traffic accidents consequences: 3.1. total and relative (to train km) all railway accidents of injury. If possible, calculate and indicate the following losses: 3.1.1. deaths and injuries;
3.1.2. the compensation of passengers, personnel and property belonging to third persons for any loss or damage, including damage caused to the environment;
3.1.3. the damaged rolling stock replacement or repair;
3.1.4. rail traffic delays, disturbances and discharge other March in Ruth, including extra costs for staff and not for profit;
3.2. this annex referred to in point 3.1., cost of insurance claims report and from third parties, such as drivers of accidents to ferries received or expected compensation, but not for claims under insurance policies that are carriers or railway infrastructure manager;
3.3. total and relative (to work hours) rail traffic accidents lost staff and subcontractors working time.
4. Figures related to security management: 4.1 internal audit carried out by the carrier indicated in the safety management system documentation;
4.2. the total number of audits carried out and the necessary (planned), the percentage of audits. Traffic Minister a. shlesers