Railway Security Certificate Issuance, Suspension And Cancellation Procedures And Criteria

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

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The Republic of Latvia Cabinet of Ministers Regulations No. 10 in Riga in 1999 (12 January. Nr. 4, § 1) railway safety certificate issuance, suspension and cancellation procedures and criteria Issued under the Railway Act 35. the third paragraph of article i. General questions 1. these provisions establish railway safety certificate (safety certificate) for the issue, suspension and cancellation procedures and criteria.
2. the safety certificate shall be issued for a period of up to two years.
II. Application for safety certificate 3. Application security certificate (hereinafter application) submitted to it by the carrier of the rail infrastructure, where infrastructure carrier wishes to use.
4. the application shall specify: 4.1. track the stages that the carrier intends to use;
4.2. other railway infrastructure projects which are the carrier intends to use;
4.3. the type of rolling stock used, and series;
4.4. use rolling stock from the standard equipment of the difference, if any;
4.5. the forms of transport, speed, intensity, and characteristics;
4.6. the carriage of goods — goods groups and carried news about the hazards of the load;
4.7. the types of maneuvers, intensity and characteristics;
4.8. with traffic safety related functions and responsibilities of staff, using the railway infrastructure.
5. The application shall be accompanied by: a copy of the statutes; 5.1
5.2. Business Register issued a copy of the registration certificate;
5.3. the Railway Administration issued a special permit for transport by rail (the license);
5.4. other railway infrastructure manager issued a security certificate (if any);
5.5. the following: 5.5.1 on the concerned rail infrastructure rolling stock to be used in the stage of construction of compliance with laws and regulations and applicable standards and its suitability for the relevant track (rolling stock technical passport or other equivalent document);
5.5.2. the rolling stock operation, repair and maintenance of safety systems (rolling stock and technical inspection of equipment warranties or protocols and agreements on the maintenance of the rolling stock or other documents proving the carrier rolling stock maintenance, security);
5.5.3. for staff knowledge of railway technical operation rules for the use of railway infrastructure and its characteristics (rail specialist posts of drivers licences or certificates and instructor-approved documents certifying the skills of drivers traction feature on the route in question (form) or the mandate to prepare the engineer for instructors);
5.5.4. the knowledge of staff safety in the transport of dangerous goods, as well as the ability to remove with the transport of dangerous goods incident or related consequences and to take the necessary measures for the environment and human health and life hazard reduction (a certificate issued to the carrier);
5.5.5. the conformity of the rolling stock equipment in the transport and communications, the speed control command and signalling systems in the relevant railway infrastructure and for carrier personnel skills to deal with the rolling stock equipment;
5.5.6. the rolling stock equipment in compliance with the cargo being transported the group to prevent the environmental and human health and life;
5.5.7. technological processes, operating principles and procedures that may affect the safety of railway traffic;
5.5.8. concerning transport security system;
5.5.9. on the structure of the carrier.
6. If the private use of the railway infrastructure manager shall submit to the carrier, which has a security certificate to its public-use railway infrastructure use, which is connected to the private use of the railway infrastructure, carrier is attached to the application of these rules 5.1, 5.2, 5.3, 5.4, 5.5.1, 5.5.3 5.5.4 5.5.5.,., and 5.5.7. documents referred to.
7. If the carrier intends to change any circumstance that could affect the safety of railway traffic (for example, add to the types of services provided, the introduction of new equipment or technology of rolling stock), or to amend the documents, on the basis of which the security certificate is received, the carrier shall inform the infrastructure managers and the railway to submit documents to the new security certificate (regardless of the current security certificate expires).
8. If copies of documents not notarized, it submits the remaining originals.
9. rail infrastructure manager guarantees received confidential information is not disclosed.
III. Consideration and adoption of decisions 10. Railway infrastructure manager to create a Commission for the examination of applications, and also issued a security certificate suspension, renewal and cancellation, (hereinafter referred to as the Commission) composed of five people (private use in infrastructure — three persons). One of the members of the Commission shall be appointed by the President of the Commission and one by the Secretary. Panelists included the track holding and electrotechnical holding.
11. decisions of the Commission at the hearing the Commission vote. Each Commission member shall have one vote. The Commission meetings are recorded, and decisions are recorded in the minutes of the hearing. The minutes shall be signed by the Chairman and the Secretary of the Commission.
12. The Commission has power to call meetings of the carrier representative to provide the explanation.
13. The Commission shall, within three working days after the decision to send the carrier. A copy of the decision by the railway technical inspection.
14. The Commission shall examine the application and the documents attached to it, and within five working days after the receipt thereof shall be submitted to the technical Inspectorate by rail.
15. If the Commission or the railway technical inspection finds that the security certificate documents submitted do not meet the eligibility requirements or the above information is incomplete or inaccurate, the Commission sent the applicant a request for additional information to indicate its filing deadline.
16. If within the time limit set by the Commission has not received the additional information, it shall take a decision not to issue a security certificate and shall notify in writing to the applicant.
17. If the applicant has acquired the additional information requested by the notice deadline, it shall be submitted together with the new application.
18. The railway technical inspection shall examine the application and the documents attached to it and 14 working days after receiving them and provide an opinion to the Commission proposals in the security certificate's validity period.
19. in the light of the railway technical inspection's opinion, the Commission shall within seven working days from the date of receiving it so decides.
20. Security certificate (annex) signed by the Chairman of the Commission or his authorised person. The signature is authenticated with the stamp of the rail infrastructure.
21. The decision not to issue a security certificate shall be adopted by the Commission in the following cases: 21.1. If carrier does not comply with the technical provisions of the railway operation and other laws, as well as the requirements of the rail infrastructure was laid with rail traffic safety related requirements;
21.2. If not submitted all the required documents;
21.3. If the carrier during the year before the application is withdrawn in the security certificate.
22. If the security certificate is lost, the railway infrastructure manager, after receipt of a written request issued duplicate security certificate.
IV. Security certificate suspension, cancellation and expiration date extension 23. The decision to suspend the operation of the security certificate accepted by the Commission in the following cases: 23.1. Railway technical inspection by the suggestion, if the carrier violated the railway technical operation rules, endangering traffic safety, on time, to avoid those threats;
23.2. at the suggestion of the railway infrastructure manager, if the carrier violated these rules, railway technical operation rules or other traffic safety laws and regulations governing, endangering traffic safety, or not complied with the railway infrastructure managers to set rail traffic safety requirements — on time, to avoid those threats.
24. If the security certificate is suspended by railway infrastructure managers, on a proposal from the Commission, shall take a decision after consulting the railway technical inspection.
25. the decision to revoke the security certificate issued shall be adopted by the Commission in the following cases: 25.1. If the carrier provided false statements;
25.2. in accordance with the procedure laid down if the carrier does not submit the documents for the renewal of the certificate;
25.3. If the carrier during the year, repeatedly violated these rules or other laws and regulations relating to the use of railway infrastructure, railway technical operation and the safety of rail traffic, endangering traffic safety.

26. Before the adoption of the decision on withdrawal of the security certificate, the Commission sends the carrier warning. 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 report on the irregularities referred to in the notice, the security certificate is revoked.
28. Once a decision on a security certificate suspension or revocation, the railway infrastructure managers is entitled to prohibit the carrier to carry up to restore the security certificate or a new security certificate.
29. the decision on the security certificate for the extension of the action the Commission shall adopt, if the carrier has submitted a corresponding application to the Commission and the rules referred to in paragraph 7 of document previously issued security certificates during operation and in accordance with paragraph 21 of these rules there is no reason for the refusal to issue a certificate.
30. If the carrier who has received security certificate, change your address or other properties it five working days notify the Commission, by submitting an application for renewal of a safety certificate and the original copies of the documents (showing original) confirming the changes.
31. the Commission will re-register the certificate within 10 days from the receipt of the application for renewal. The railway technical inspection opinion is needed.
V. rights and obligations of the carrier 32. Carrier's responsibility is to enable the railway infrastructure manager to verify the accuracy of the information supplied by the carrier and for the use of railway infrastructure concerned are respected.
33. the use of the security certificate is responsible for the beneficiary. The security certificate for the recipient is not entitled to refer it to other people.
34. the Commission's decisions are subject to judicial review in accordance with the procedure laid down by law.
VI. final question 35. provisions shall enter into force on 1 July 1999.
 
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