Key Benefits:
Decision of 3 December 2004 laying down rules relating to the safe and undisturbed use of main railways (Decision on rail traffic)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of the Secretary of State for Transport and Water of 16 September 2003, Chief Executive of Legal Affairs, No. HDJZ/S&W/2003-1877;
Having regard to Directive 2001 /14/EC and to the Article 23 , 64 , 65 and 87, 1st member, of the Railway Act ;
The Council of State heard (opinion of 19 December 2003, No W09.03.0393/V);
Having regard to the further report of our Minister of Transport and Water State of 29 November 2004, No HDJZ/S&W/2004-2899, Main Legal Affairs Directorate;
Have found good and understand:
1 In this Decision and the provisions based thereon, the following definitions shall apply:
driver: driver of a train;
use of a main railway: using a rail vehicle over or stationary on a main railway;
hazardous substances: hazardous substances as intended in the Transport Dangerous Substances Act ;
main railway: main railway as intended in Article 2, second paragraph , or Article 124, second paragraph, of the Act ;
Test drive: ride with one or more authorised matter units in which a new or modified component or a function of one (part of a) matter unit or part thereof, driving or otherwise in use is tested on: performance, function or correct functioning;
shunting: a person accompanying a train;
Signal: traffic sign containing a prohibition, warning, or indication;
Train: rail vehicle or track-vehicle assembly;
'train' train: rail vehicle with its own moving device, intended for the carriage of persons and goods other than a rail vehicle equipped with its own propulsion system, principally designed and equipped for the purpose of moving other rail vehicles;
TSI Traffic Operation and Traffic Management: Commission Decision 2012/757 of 14 November 2012 concerning the technical specifications for interoperability relating to the operation and traffic management subsystem of the rail system in the European Union and amending Decision 2007 /756/EC (PbEU 2012, L 345);
Law: the Railway Act .
1 In the exercise of traffic management, Article 16, first paragraph, part c, of the Act , the administrator shall act in accordance with the applicable paragraphs of the Traffic Operation and Management TSI.
2 The administrator shall assign train numbers to each train and shall ensure that this number is known to the railway undertaking or manager using the train, in accordance with the applicable paragraphs of the Traffic Operation and Management TSI.
1 The railway undertaking must take such measures which, during the use of a main railway in its mission, do not cause any risk of distractions by the driver of the movement.
2 It shall be prohibited to be in the driver's cab of a train without the prior consent of the railway undertaking concerned.
1 The driver shall be prohibited from using parts of the main railway, where the traffic is not controlled by light signals, without prior notification to the administrator.
2 The administrator may give instructions to the main railway in the interests of safe and undisturbed traffic.
3 The driver is obliged to follow these instructions.
4 The first paragraph shall not apply where the main railway infrastructure of the relevant part of the main railway and the rail vehicle concerned are equipped with a coordinated and well-functioning ERTMS.
1 The driver is prohibited from driving back on a main railway line in view of the driving direction of the train.
2 The first paragraph shall not apply:
a. If there is a shunting on or near the train, which has an unobstructed view of the main railway to be avoided and the corresponding signals and continues to be connected to the driver;
b. Where an installation is located on, near or on the train, that the driver, during reversing course, provides an unimpeded understanding of the safe safety of the main railway;
c. In the case of short-distance trainset, only in connection with the coupling or decoupling of a trainset.
3 The driver shall be obliged to follow the instructions of the marshal without delay.
1 The driver shall be prohibited from returning a train on a main railway without notifying them to the administrator.
2 The administrator may give instructions to the main railway in the interests of safe and undisturbed traffic.
3 The driver is obliged to follow these instructions.
For the purposes of this Article, the recovery means any reverse operation which passes through an already crossed signal, switch, rail transition or other traffic affected installation.
1 The railway undertaking shall be prohibited from using a main railway or making use of a test for a pilot ride without notifying the operator of the test.
2 The administrator may give instructions to the main railway in the interests of safe and undisturbed traffic.
3 The railway undertaking is obliged to follow these instructions.
4 By way of derogation from paragraph 1, the railway undertaking shall be prohibited from using a main railway in the high speed rail system or having recourse to a test drive without an operator drawn up by it and by the administrator approved plan.
The driver who leaves a train unmanaged on a main railway leaves that train not to move out of its own accord.
In the case of a ministerial arrangement, detailed rules may be laid down on the safe and uninterrupted use of main railways and rail vehicles.
1 The railway undertaking shall make trains, as referred to in the applicable paragraphs of the Traffic Operation and Management TSI, and draw up rules and procedures for this purpose.
2 Without prejudice to the first paragraph, it shall be prohibited to use or to use a railway vehicle of a main railway if its cargo is not included in the gauge for railway vehicles defined by the Ministerial Regulation. I'm not
3 Without prejudice Article 38 the second paragraph shall not apply where:
a. The dimensions of the load shall remain within the profile established under a ministerial arrangement;
b. To notify the administrator prior to that use of the notification; and
c. the instructions given by the administrator in the interests of safe and undisturbed traffic on the main railway shall be followed.
4 The person to whom the instructions are given is obliged to follow them.
5 It is prohibited to use or have to use a railway vehicle of a main railway unless its load is fixed or hedged so that it can be used during driving to ensure the safety of rail on the main railway, of the railway line. does not endanger or can bring the train or the environment concerned to the risk of being affected.
It shall be prohibited to use a train on a main railway or to be used if the emergency braking device is out of order.
1 It is forbidden by our Minister to designate railway vehicles in a train on a main railway to use or have to be used on any other place than by our Minister in that train.
2 In the interests of safe and undisturbed use of the main railway, detailed rules on the placing of the goods referred to in paragraph 1 may be laid down in the case of ministerial arrangements.
1 The railway undertaking shall ensure the radiant lighting of trains and for the installation of shields on those trains, in accordance with the applicable paragraphs of the Traffic Operation and Management TSI.
2 The railway undertaking shall ensure that the driver is able to operate the audible signal device at any time.
3 By way of derogation from the first paragraph, the radiant illumination may be yellow on a train of which the front-track vehicle is a rail vehicle as specified in the train. Article 41 , or for which a waiver has been issued on the basis of Article 36, first or tenth paragraph, of the Act .
1 Save as otherwise provided by the administrator, the driver may be allowed to pass through to the end-point of the train in the event of faulty lighting at the front of the train.
2 The following measures shall be taken by the driver at the whole of lighting at the front:
a. He limits the speed of the train so that it is able to bring it to a standstill within the distance where he can oversee the railway and about which it is free;
b. It does not drive faster than 40 kilometers per hour; and
c. At the approach of a railway crossing, it shall be given a sound signal.
3 It shall be prohibited to drive the driver in the case referred to in paragraph 2 by driving if the requirements of the second paragraph are not met.
1 The railway undertaking shall establish the procedures for the safe departure of a train in its mission to take part in rail traffic on the main railway as provided for in the relevant provisions of the TSI Traffic Operation and Management.
2 The procedures referred to in paragraph 1 shall cover in each case:
a. The functioning of the safety equipment; and
b. The checks and tests to ensure that each departure of a train is carried out safely.
3 The first and second paragraphs shall apply mutatis mutandis to any change during the journey of the composition of a train carrying goods.
4 The first and second members shall apply mutatis mutandis after alternation of the driver, and after alternation of the driver's cab, in connection with a change in the driving direction of the train.
5 The railway undertaking is prohibited from leaving a train if the procedures specified in paragraph 1 have not been complied with.
1 The railway undertaking shall inform the driver prior to the departure:
a. the fact, or by train, persons or goods are carried;
b. The maximum speed of the train;
c. the length and composition of the train;
d. the fact that there is no certainty that the train will be detected;
e. the timetable;
f. the UN number and hazard identification number of dangerous substances referred to in the Transport Scheme on the railway of dangerous substances, where such substances are transported and of the place where they are on the train;
g. special traffic situations or special traffic measures on the sections to be avoided;
h. exemptions or exemptions and associated rules or restrictions.
2 The first paragraph shall apply mutatis mutandis after alternation of the driver.
3 It is prohibited from the railway undertaking to take the train if the first or the second member is not satisfied.
1 The railway undertaking shall ensure the safe transport of goods and passengers at the time of departure and during the journey of the train, as specified in the paragraphs in force in the Traffic Operation and Management TSI.
2 It shall be prohibited to drive or to drive a railway vehicle over a main railway or drive it if the weight of its load exceeds the maximum load capacity fixed for that vehicle.
On the main railways as intended Annex 2 to the Main Railway Decision the maximum speed limit shall be 30 kilometres per hour.
1 Without prejudice Article 18 and the maximum speed indicated by seinen, it is prohibited to drive the driver over a main railway with a maximum speed fixed for the train than by the railway undertaking concerned.
2 The railway undertaking shall ensure that the train has sufficient braking power.
3 In the case of ministerial arrangements, detailed rules may be laid down for fixing the maximum speed.
1 Without prejudice Article 18 the driver shall be prohibited from driving on a main railway at such a speed that he is unable to bring the train to a standstill within the distance available to him and on which it is free to oversee the railway, if:
a. He drives on a part of the main railway where traffic is not controlled by light signals,
b. At the instruction of the administrator, provide a light signal with a subplate with the inscription 'P' as intended Annex 4 of the Arrangement on Rail passes that radiates a red light,
c. he rides on a section of the main railway that has been put out of service,
d. has received an alarm signal through the prescribed means of communication, except that the speed may not exceed 40 km/h.
2 Without prejudice Article 18 and 19 it shall be prohibited to drive the driver at a speed higher than 40 kilometres per hour if the train consists of several vehicles and is not equipped with a continuous braking system.
3 Our Minister may designate parts of the main railway as referred to in paragraph 1 (a) to which the prohibition referred to in that paragraph shall not apply.
1 The driver referred to in the main railways as intended Annex 2 to the Main Railway Decision Driving, which are located in a crossing or converde with a road open open to the public as intended in the Road Traffic Act 1994 and which are not referred to as a crossing by means of the boards J12 and J13 of Annex 1 to RVV 1990 is mandatory:
a. To reduce the speed and, if necessary, stop it if the safety of the traffic demands it;
b. to allow the road users to go;
c. Directions 1 to 7 of Annex 2, belonging to RVV 1990 , to be followed;
d. To the road users the stop signs required for the driving of the train and for the safety of the traffic, Article 82, fourth paragraph, of RVV 1990 , and give other clues.
2 When the driver cannot give the stop signs and directions in the first paragraph (d), they shall be given by the marshal accompanying the train.
1 On crossings of main railways with roads not open to public traffic, users shall give priority to rail vehicles.
2 The road users shall be prohibited from entering or entering a cross as referred to in the first paragraph:
a. If they cannot immediately pass it and cannot make it completely free;
b. If, by a train accompanying a train there, a stop sign according to model F 10 of Annex I of the RVV 1990 , a red flag or a red lamp is displayed.
1 The administrator shall provide timely information to the driver in accordance with the applicable paragraphs of the Traffic Operation and Management TSI.
2 The railway undertaking shall provide timely information to the driver and other personnel required to carry out their work, in accordance with the applicable paragraphs of the Traffic Operation and Management TSI.
1 The driver, the other staff of a train and the administrator shall communicate safety messages among themselves during use in accordance with the applicable paragraphs of the Traffic Operation and Management TSI.
2 The documents relating to the communication of security messages shall be drawn up by the administrator, in accordance with the applicable paragraphs of the Traffic Operation and Management TSI.
1 The administrator and the railway undertaking shall provide each other with timely information in accordance with the applicable paragraphs and appendices of the Traffic Operation and Management TSI.
2 The railway undertaking is prohibited from operating a train if the data required for the safe and efficient use of main railways are not provided to the operator in accordance with the applicable paragraphs of the Operation TSI; and Traffic control.
1 The manager and the railway undertakings shall, in accordance with the applicable paragraphs of the TSI Traffic Operation and Traffic Management, adopt procedures and measures which they publish and use in cases of degraded operation, incidents, emergency situations and in the case of accidents at work. restoration of safe and undisturbed train traffic.
2 The administrator and the railway undertaking shall register and retain the data on the journey of a train specified in the paragraphs of the Traffic Operation and Traffic Management TSI in accordance with the applicable paragraphs of the Operation and Operation TSI. Traffic control. The purpose of this is to support systematic checks to prevent incidents and emergency situations referred to in paragraph 1, to determine the identity of the driver, trains and infrastructure in the period around an incident or accident, the performance of the driver and of the traction unit as specified in the relevant provisions of the TSI Traffic Operation and Management.
3 The administrator may give instructions on the safe and undisturbed use of the main railway in the case of degraded operation, incidents or emergencies to the driver or other persons participating in rail traffic. These persons are obliged to follow these instructions.
4 The measures referred to in paragraph 1 shall in any event be such that the administrator shall draw up an emergency plan complying with the provisions of Article 54, first paragraph, of Directive 2012 /34/EU.
5 The railway undertaking shall report without delay to our Minister for failure or any other irregularities which may endanger or endanger the safe and undisturbed use of the main railway, in so far as it concerns a train in which it is Command use is made of the main railway.
It shall be prohibited without any need to set the emergency braking direction of a train.
The driver shall be prohibited from stopping a brake due to the use of the emergency braking device during the departure of the train.
For the purposes of this paragraph, the following definitions shall apply:
Parking: on a railway yard, stationary on a train other than during the time required for and used for the immediate entry into or off of passengers or for the immediate loading or unloading of goods;
ranking: to split up or re-merge trains on a track, or to maneuver on a track or other tracks in a particular sequence;
Rail road placement: on the basis of Article 30 designated part of the main railway.
In the case of a ministerial arrangement, sections of the main railways are designated as rail-grazing areas.
The Articles 13 , 14 and 16 , except for the first paragraph, introductory wording and part c, do not apply in the case of ordination and parking.
The driver is prohibited from driving at a speed higher than 40 kilometres per hour.
The railway undertaking shall provide the driver and the marshal with a shunting plan and a shunting plan for the driver and the marshes before the contract is commissioned.
1 A train is provided during the use of a main railway only on the front and on the rear of a railway track, at least with a burning white light.
2 The first paragraph shall not apply during the period when a train is parked.
In the case of ministerial arrangements, detailed rules may be laid down as to the directions referred to in the Article 4, second paragraph , 6, second paragraph , 7, second paragraph , 10, third member, part c , and 26, second paragraph .
A ministerial arrangement shall lay down detailed rules on the nature, implementation, positioning, operation and meaning of signals.
The administrator shall ensure that:
a. that portions of the main railway, which are out of service are designated by the seinen designated for that purpose by the administrator in accordance with Article 36 Certain;
(b) that the main railway on the spot where work is carried out on or near that main railway is to be placed outside the service or efficiently protected under the ministerial arrangement;
c. that during the execution of work on or near the main railway, use is made of properly functioning automatic warning devices as defined in Standard Number 730-3 of the International Railway Union, in the manner of Normleaf, or other equipment required by ministerial regulation.
1 Our Minister may grant exemption or exemption from the Article 11 certain and, heard the administrator, of the specific case of, or under Article 12 .
2 The exemption or exemption may be subject to rules or restrictions in the interest of the safe and undisturbed use of the main railways.
3 Our Minister may, heard the administrator if it is the application of Article 12 Concerns, amend or withdraw the exemption or exemption:
(a) if the information supplied by the applicant is found to be incorrect or incomplete, that the application would otherwise have been decided if the correct information would have been known in the assessment of the application;
b. In the interests of safe and undisturbed use of the main railways.
4 It shall be prohibited to act contrary to the rules or restrictions referred to in the second paragraph.
Violation of the Articles 22 and 27 constitutes a criminal offence within the meaning of Article 87, first paragraph, of the Act .
Violation of the Articles 3 , 4, first and third members , 5, first and third members , 6, first and third members , 7, first, third and fourth members , 8 , 10, first, second, fourth and fifth member , 11 , 12, 1st Member , 13 , 14, third member , 15, fifth paragraph , 16, third member , 17 , 18 , 19, 1st Member , 20, first and second members , 21 , 24 , 25, second paragraph , 26, first, third, fourth and fifth member , 28 , 32 , 33 , 37 and 38, fourth member , constitutes a forestable fact within the meaning of Article 77, first paragraph, of the Act .
Article 36, first paragraph, of the Act Does not apply to a rail vehicle:
a. that, in accordance with the rules in force on 31 December 2004, could be used on a main railway;
b. for which Our Minister granted a deployment certificate for 19 July 2008 as intended Article 36, fourth paragraph, of the Act , as was the case on 19 July 2008;
c. satisfying the technical requirements of the Agreement on the reciprocal use of passenger carriages and luggage vans in international traffic (RIC) in its last editorial board, is in the vehicle register of a state entered, and used for the purpose of 19 July 2008, of main railway infrastructure, or
d. satisfying the technical requirements of the Agreement on the reciprocal use of freight wagons in international traffic (RIV), in its last official wording, entered in the vehicle register of a State, and was made use of main railway infrastructure for 19 July 2008.
1 By arrangement of Our Minister, rules shall be laid down on the examination of conformity of the production of the railway vehicle for which an authorisation for entry into service or of the additional authorisation for the entry into service of the vehicle is authorised. type has been granted, with that type.
2 Under the conditions laid down in Directive 2008 /57/EC, the Secretary of our Minister shall be subject to rules on the granting and application of:
a. The authorisation for entry into service, as specified in Article 36, third paragraph, of the Act and of the authorisation for the entry into service or of the new authorisation for entry into service, Article 37b, third member of the Act ;
(b) the additional authorisation for entry into service, as referred to in Article 36, fifth paragraph, of the Act and of the additional authorisation for the entry into service and of the new additional authorisation for entry into service, Article 37b, sixth paragraph, of the Act
3 The rules of our Minister may, subject to or pursuant to Directive 2008 /57/EC, lay down rules on the issue, form and content of the EC declaration of verification, as referred to in Article 3 (2) of the EC Treaty. Article 8 (5) , below Article 36, sixth paragraph, of the Act and the information file, for the purpose of Article 37b, second paragraph, of the Act .
4 The rules of our Minister may, subject to or pursuant to Directive 2008 /57/EC, be subject to rules on the recording or retention of information on:
(a) the issue of the EC declaration of verification, Article 36, sixth paragraph, of the Act ;
b. the issuing of the declaration, as specified in Article 36, seventh paragraph, of the Act or of the declaration, referred to in Article 37b, ninth paragraph, of the Act ;
c. the application and grant of the authorisation for entry into service, as referred to in Article 36, third paragraph, of the Act or of the authorisation for entry into service or new authorisation for entry into service, intended Article 37b, third paragraph, of the Act and
d. the application and the granting of the additional authorisation for entry into service, as referred to in Article 36, fifth paragraph, of the Act or of the additional authorisation for entry into service or new authorisation for entry into service, as referred to in Article 37b, sixth paragraph, of the Act .
5 Under the conditions laid down in Directive 2008 /57/EC, the following rules may be laid down by our Minister on the following rules:
a. form and content of the EC declarations of conformity or suitability for use as referred to in Article 13, first paragraph, of Directive 2008 /57/EC, as well as the recording or storage of data or documents relating to the issue; and
(b) the examination of conformity of production of interoperability constituents for which type approval has been granted, with the approved type.
After the entry into force of Article 23 of the Special Railways Decision The Rail system on the Articles 9 , 10 , 12 , 19 , 30 , 35 , 36 and 37 of the railway decision.
1 An amendment to the Traffic Operation and Management TSI shall apply for the purpose of this Decision as from the day on which the amendment in question must be implemented.
2 An amendment to the Traffic Operation and Management TSI is to be communicated in the Official Gazette.
This decision is referred to as: Rail traffic decision.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 3 December 2004
Beatrix
The Minister of Transport and Water,
K. M. H. Peijs
Published on the 21st of December 2004The Minister of Justice,
J. P. H. Donner
