Railway Security Certificate Issuance, Suspension And Cancellation Procedures

Original Language Title: Dzelzceļa pārvadājumu drošības sertifikātu izsniegšanas, apturēšanas un anulēšanas kārtība

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/95089

 
Cabinet of Ministers Regulations No. 853 Riga 2004 (October 12. No 59 23) railway safety certificate issuance, suspension and cancellation of the order Issued in accordance with article 35 of the law of the railway, the third part i. General questions 1. establish railway safety certificate (safety certificate) the suspension and cancellation of service, procedures and criteria.
2. the safety certificate (annex 1) is issued for a period of up to two years.
II. The application of the security certificate 3. Submission (annex 2) security certificate (hereinafter application) the carrier shall submit to the national railway technical inspection.
4. the application shall be accompanied by: a copy of the statutes or 4.1 public contract;
4.2. Business Register issued a copy of the registration certificate;
4.3. National Railway Administration or the public service Commission issued the special permission (license) rail (copy);
4.4 National Railway Administration in rolling stock issued a registration certificate or a copy of the certificate of registration of rolling stock to be used in the national rolling stock register;
4.5. information about: 4.5.1. rolling stock repair and maintenance system (rolling stock repair and maintenance security identity document or other information proving the carrier rolling stock repair and maintenance of collateral);
4.5.2. the designated security consultants, if the dangerous goods are transported, or for the carrier's knowledge of staff safety in the transport of dangerous goods, if carrier operations with dangerous goods;
4.5.3. the relevant railway infrastructure rolling stock to be used in the stage of construction of the compliance with operating rules of the railway technical requirements and suitability for the respective tracks;
4.5.4. the carrier's employee knowledge with regard to the operational railway technical rules, as well as relevant for the use of railway infrastructure and its characteristics;
4.5.5. the carrier's action in cases of emergency, subject to the railway infrastructure manager's specific action;
4.5.6. conformity of the rolling stock equipment for cargo transport speed of the group, as well as communications, control command and signalling systems in the relevant railway infrastructure;
4.5.7. technological processes, operating principles and procedures that may affect the safety of railway traffic;
4.5.8. transport safety monitoring;
4.4.9. the carrier structure (indicating the rolling stock operation, repair and maintenance departments, titles and obligations);
4.4.10. cooperation with other carriers (traction rolling stock, personnel and technological processes), if any;
4.5.11. non-scheduled passenger trains posting arrangements, if necessary.
5. Submit a copy of the document certifying the carrier. The national railway technical inspection has the right to require the original documents.
6. the carrier wishing to continue the use of the railway infrastructure, not later than two months before the received security certificate expires, submit national railway technical inspection of the application of the new security certificate.
7. If the carrier intends to change any application (except application information specified in point 6) or this rule 4.3, 4.5.1, 4.5.6 4.5.7 4.5.8.,., or 4.4.10. condition referred to, the carrier shall submit documents new security certificate (regardless of the current security certificate expires). The application shall be accompanied by documents related to the previously received security certificate in terms of the changes, and a statement that the carrier has not changed the General conditions.
8. If the carrier intends to change the in point 6 of the application, or this rule 4.1, 4.2, 4.4, 4.5.2, 4.5.3, 4.5.4..,.,., or 4.5.11 4.5.5 4.4.9. the conditions referred to in point, carrier shall inform in writing the national railway technical inspection.
9. If the security certificate is a copy of the document to be submitted to multiple pages, they must be numbered and cauršūt (caurauklot).
III. examination of Applications and decisions 10. 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 or the above information is incomplete or inaccurate, require the carrier additional information indicating its submission deadline.
11. National Railway technical inspection, examination of the application, be entitled to call for the provision of carrier and the explanation of the rail infrastructure.
12. National Railway Technical Inspectorate within five working days after receipt of all the required documents submitted by the railway infrastructure manager, except if the applicant is also the railway infrastructure managers concerned.
13. Railway infrastructure manager shall examine the application and 14 working days after its receipt of State railway technical inspection findings and proposals for a security certificate expiration date.
14. rail infrastructure manager shall, subject to this provision set out in paragraph 13 the deadline for preparation of an opinion, is entitled to invite to participate in the national railway technical inspection, as well as an explanation of the carrier representative.
15. the decision on the issuance of the security certificate or a refusal to issue a certificate based on the opinion of the rail infrastructure (except if the applicant is the railway infrastructure manager), the national railway technical inspection takes five working days from the date of receipt of the opinion.
16. If the applicant is the railway infrastructure manager, the railway technical inspection application appearance month and shall decide on the issuance of the security certificate or a refusal to issue a security certificate.
17. The decision not to issue a security certificate to the national railway technical inspection shall be adopted in the following cases: 17.1. If the carrier does not comply with the technical rules of railway operations and regulations on railway traffic safety requirements as well as the railway infrastructure manager provided with railway traffic safety related requirements;
17.2. If the national railway technical inspection has not submitted all the required documents and information requested in accordance with the requirements of this regulation;
17.3. If the carrier during the year before the application is withdrawn in the security certificate.
18. 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.
19. If the railway stations for which carrier has issued a safety certificate, are open or closed stations, national railway technical inspection by the carrier's presentation with changes in railway infrastructure shall be issued by the carrier for the security certificate of the annex (annex 3) for the right to use the railway station without the new security certificate.
20. If a security certificate is lost or damaged, the national railway technical inspection after receipt of a written request issued duplicate security certificate.
21. If the carrier who has received security certificate, change 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 the original of the security certificate and copies of the documents (the original show), proving the changes.
22. National Railway technical inspection within eight working days of the rule referred to in paragraph 21 of the date of receipt of the application, the carrier issued a new security certificate and shall inform the managers of the railway infrastructure. In this case, the railway infrastructure manager's opinion is needed.
IV. Security certificate suspension and cancellation 23. The decision to suspend the operation of the security certificate, the national railway technical inspection shall be adopted, if the carrier violated these terms, the technical operation of the railway or railway transport safety regulatory legislation, endangering traffic safety, or not complied with the railway infrastructure managers to set rail traffic safety requirements. The security certificate was suspended for a time, to avoid those threats.
24. the decision to revoke the security certificate issued by the national railway technical inspection shall be adopted in the following cases: 24.1. where this provision in paragraph 7 and 21 in the order the carrier has been issued a new security certificate;
24.2. If the carrier provided false statements;
15.1. If carrier repeatedly stops during the year security certificate.
25. a revoked security certificate original carrier passes the railway technical inspection.

26. Before the adoption of the decision on withdrawal of the security certificate that rule 24.2 and 24.3. in the cases referred to in paragraph national railway technical inspectorate shall send a notice to the carrier. The warning mentions the irregularities found and their prevention.
27. If, by warning of the end of the time limit laid down in the carrier does not submit the information on the irregularities referred to in the alert, the national railway technical inspection shall take a decision on withdrawal of the security certificate.
28. If a decision on a security certificate suspension or revocation, State railway technical inspectorate shall immediately notify the railway infrastructure manager and the carrier. In this case, the railway infrastructure managers are not entitled to allow the carrier to use the railway infrastructure to restore the security certificate or a new security certificate.
V. rights and obligations of the carrier 29. it is the duty of the carrier to enable rail infrastructure manager to verify the conformity of the information supplied by the carrier, the actual situation and the use of railway infrastructure are respected.
30. Security certificate requested is not entitled to transfer them to other people.
31. the carrier State railway technical inspection, the decision on the issuance of the security certificate, the suspension or withdrawal of its operations may be challenged in the Ministry of transport. The Ministry of transport's decision can be appealed in court.
Vi. Closing questions 32. Security certificate issued to the date of entry into force of the provisions, shall be valid until their expiry date.
33. Be declared unenforceable in the Cabinet of 12 January 1999, Regulation No 10 "railway safety certificate issuance, suspension and cancellation procedures and criteria" (Latvian journal, 1999, no. 10).
Prime Minister i. Emsis traffic acting Ministers: Deputy Prime Minister a. shlesers Editorial Note: the entry into force of the provisions with the 16 October 2004.