Regulations on license, security certificate, security authentication, and other matters related to the security of the railway (license Regulation) Date-2016-12-20-1747 Ministry Ministry of transportation Published in 2016 clips 18 entry into force 01.01.2017 last modified the Change FOR-2010-12-10-1569, FOR-2010-09-03-1241 applies to Norway Pursuant LAW-1993-06-11-100-section 3d, LAW-1993-06-11-100-section 3e, LAW-1993-06-11-100-section 3f, LAW-1993-06-11-100-section 3 g, LAW-1993-06-11-100-section 4, LAW-1993-06-11-100-section 5, LAW-1993-06-11-100-section 6, LAW-1993-06-11-100-section 7, LAW-1993-06-11-100-section 8, LAW-1993-06-11-100-section 11, LAW-1993-06-11-100-section 13, LAW-1993-06-11-100-section 15, LAW-1993-06-11-100-section 16, FOR-1996-11-22-1076 , FOR-1997-04-04-275 Announced at 23.12.2016. about 2:45 short title Licence Regulations Chapter overview: Chapter 1. Introductory provisions (sections 1-5) Chapter 2. License for railway enterprises (§ § 6-15) Chapter 3. Safety certificate for railway enterprises (§ § 16-22) Chapter 4. Security authentication of infrastructure manager (sections 23-27) Chapter 5. Common procedural rules (§ § 28-29) Chapter 6. Final provisions (sections 30-33) Title: laid down by the Ministry of transportation 20. December 2016 under the legal authority of the law 11. June 1993 No. about 100 construction and operation of the railway, including light rail, underground and suburban railway and more (railway law) section 3d, section 3e, 3f, 3 g, § §, § 4, section 5, section 6, section 7, section 8, section 11, section 13, section 15 and section 16, jf. the delegation decision 22. November 1996 No. 1076 and delegation decision 4. April 1997 No. 275. the EEA Joint referrals: the EEA Agreement annex XIII Nr. 42E (Directive 2004/49/EC, amended by Directive 2008/57/EC, Directive 2008/110/EC, directive 2009/103/EC and Directive 88/2014/EU).

Chapter 1. Initial provisions § 1. Work area 1. This regulation applies to a) license for railway enterprises b) security certificate to the railway companies to operate cargo and/or passenger transport on the railway network and associated track c) security approval to the infrastructure manager to operate the railway infrastructure d) access to training facilities for train companies e) security audit of the railroad f) national security rules.

2. The Regulation shall not apply to light rail, Metro, godsbane, Museum path and similar rail systems.

§ 2. Definitions in the regulations here be understood with a) rail lines: the entire railway infrastructure is managed by an infrastructure manager b) the railway undertaking: any public or private undertaking which has as a main business to provide services for the transport of goods and/or passengers by rail, where the company commits itself to provide traction, including companies that only provide traction c) infrastructure manager: any body or undertaking that is responsible in particular for creating , manage and maintain the railway infrastructure, including traffic management and the management, control and signal. Infrastructure manager's tasks on a network or part of a network may be allocated to different bodies or undertakings d) security management system: Organization and systems created by an infrastructure manager or a railway undertaking for the purpose of secure management of their business s) license: an authorization issued by a lisensutstedende authority to an undertaking, which shows that the company is qualified to provide railway services railway undertakings.

§ 3. The Authority 1. Norwegian railway supervision is supervisory authority as mentioned in the section, the train 3d 3e 3f §, §, § 3 g, section 11 and section 13.

2. The State's Railway Inspectorate supervises after the Railway Act, and the authority of the Ministry in the Railway Act fifth paragraph to revoke permissions granted in pursuance of the law by violating the terms and conditions and requirements that apply to your business.

3. The State's Railway Inspectorate issues the license, the security certificate and the security authentication after the railway law § 6.

4. The State's railway supervision can in regulation or individual decisions determine the closer terms and conditions to ensure the consideration of a secure and appropriate traffic winding up as well as the environment after the railway law § 6.

5. The State's railway supervision may in regulations stipulate that traffic controls will have the authority to put in place immediate measures to ensure a secure and appropriate traffic winding up in connection with the practicing of traffic management.

6. Norwegian Railway Inspectorate can give the regulation on closer to the requirements of the procedure for the issuance of the license, the use of the standard form and the basis for the calculation of the processing fee.

§ 4. The responsibility for the business and the safe operation of the rail system 1. The responsibility for the business lies with the license and the security certificate or security validation. The responsibilities include, among other things, that business operates within the acceptable risk, to implement the necessary measures to control risk, the necessary cooperation with the infrastructure manager or the railway undertaking and that the other terms and conditions that are set for business in or in pursuance of the law are met.

2. Railway undertakings and infrastructure managers are accountable to users, customers, employees and third parties for the safe operation of its part of the rail system. Manufacturers, maintenance suppliers, holders, service providers and purchasers are responsible for ensuring that the equipment and services they provide meet the requirements and terms of use that are specified, so that they can be taken in the use of the railway undertakings and infrastructure managers in a secure way.

§ 5. Prohibition on conferring license, the security certificate and the security authentication may not be assigned, including rented, leased, lent or otherwise be left to others.

Chapter 2. License for railway undertakings section 6. Requirements of the railway can only license companies provide rail transport services if they have a license to provide these services. The license applies to the corresponding rail transport services throughout the European economic area. License issued in another EEA Member State or in Switzerland apply in Norway.

section 7. The terms of the license which is established Railway companies in Norway must meet the conditions of the record, financial ability, academic excellence and insurance/warranty as described in section 8 to section 11 to get the license.

section 8. Record, and more.
1. The owners of the railway undertakings must have good character and not be bankrupt. The owner is a legal person must General Manager meet the requirements. Norwegian railway supervision can also require that the other people in the lead must meet these requirements.

2. The requirement of good record is fulfilled when the persons referred to in the first paragraph a) has not been convicted of serious criminal matters, including the violation of professional art b) is convicted of serious violations of transportation laws c) not been convicted of serious or repeated violations of the social legal or labour relations obligations, including obligations under the worker protection and working environment legislation, or obligations arising out of the legislation when it tol revolves around a railway undertakings which wish to carry out cross-border goods transport subject to Customs procedures.

3. to demonstrate that the requirements of the record are true, it must be lodged the police certificate for the persons mentioned in the first paragraph.

§ 9. Economic ability 1. The railway undertaking must have adequate financial ability.

2. The requirement of financial ability is fulfilled when the railway undertaking can prove that the in a time span of twelve months can fulfill their obligations, current and potential assessed on a realistic basis. The requirement is not met if as a result of jenbaneforetaket their business repeatedly or significantly owe a larger amount tax or social charges.

3. to demonstrate that the requirement of financial ability is met, the railway undertaking of the financial statements or, if this is not possible, the annual balance sheet.

4. The railway undertaking must further provide information on the following conditions a) available funds, including the claim of the bank, granted the cash credit and loan b) capital and assets that can be set as security c) operating capital d) relevant costs, including acquisition costs and a connection with the account payments in vehicles, because, buildings, installations and rolling stock e) costs which is incumbent on the railway company's assets f) taxes and social security fees.

5. The information will be documented through an audit report and suitable documentation from the bank, accountant or certified public accountant.

6. It will be lodged certificate for tax and value added tax.

§ 10. Professional skill requirements of academic excellence are met when the railway undertaking seeking license, have or will have a management organization that has the knowledge and/or experience necessary to exercise safe and effective operational control and monitoring of operating forms specified in the license.

section 11. Insurance and warranty 1. The railway undertaking shall be adequately insured or have adequate security for any liability that may arise due to the business, including coverage of liability in case of accidents, especially when it comes to passengers, luggage, cargo, mail and third parties. The insurance or guarantee must as a minimum have a coverage on 4500 G (12 times the basic amount) per damage case.

2. to demonstrate that the claim of the insurance or security is met, it must be presented information about the insurance or guarantee covering the liability referred to in the first paragraph.

3. The State's railway supervision can make exceptions from the requirement for minimum coverage to the railway undertaking that operates the Museum path on routes exclusively used for this.

§ 12. Processing time application for license shall be settled as soon as possible and no later than three months after the Norwegian Railway Inspectorate has received all the necessary information.

section 13. The licence validity a license is valid as long as the railway undertaking meets the requirements of section 8 to section 11.

section 14. Suspension and revocation of license

1. The license shall be suspended or cancelled by the State's railway supervision if the requirements of section 8 to section 11 are no longer fulfilled.

2. by bankruptcy or equivalent treatment to processing the license be revoked if there are realistic opportunities for a satisfactory financial restructuring within a reasonable time limit.

3. If the license be suspended or revoked on the ground that the requirement of financial ability is no longer true, the State's railway supervision while the railway undertaking the reorganization, issue the temporary license with validity up to six months, provided that the security be safeguarded.

4. When a railway undertaking has tuned its operations for six months or has not started operations six months after the license is issued, the State's Railway Inspectorate decide that the license will be suspended and lodged for renewed consideration. A railway undertaking may apply for a longer time limit for start up operations if shuttle service's special character implies this.

section 15. License renewal at the change of the railway company's legal position, and more.
1. The State's railway supervision to be notified of changes in the railway company's legal position, including the change of the General Manager or changes in ownership, such as a merger, takeover or major changes in the ownership composition. Norwegian railway supervision can in such cases require a search to look for a new license. The business can continue while the application is being processed if the security be safeguarded.

2. If a railway undertaking intends to change or expand their business significantly, should the license presented Norwegian Railway Inspectorate for renewed consideration.

Chapter 3. Safety certificate for railway undertakings section 16. Claims about the security certificate 1. The railway companies with license issued by the State's railway supervision must have the security certificate.

2. The railway undertaking licensed from other EEA State or Switzerland and the security certificate pursuant to section 17 letter a, must have the security certificate pursuant to section 17 letter b and meet the requirement for insurance in section 18.

3. The security certificate should specify the type of transport that applies, may include all or part of the railway network, and should contain a confirmation that the railway undertaking has a safety management system. The security certificate shall contain a confirmation of acceptance of the measures taken by the railway undertaking to meet specific requirements necessary for the safe operation of the railway network.

§ 17. Terms of security certificate 1. To be issued the security certificate must train the entity a) have a safety management system that meets the requirements of the safety management regulations, as well as fulfill the security requirements set out in the TSI and the relevant common security methods and b) could meet specific national requirements that are set for the purpose of risk management and safe use of the railway network.

2. The certification that is performed after the first paragraph, LITRA a apply throughout the European economic area for the corresponding rail transport.

3. to demonstrate that the requirement of the letter b are met must provide railway undertakings the following documentation: a) description of how security management system ensures compliance with the requirements in or in pursuance of the railway law and other rules that apply to your business, including provisions for personnel and rolling stock.

b) description of the different categories of personnel at the enterprise or at under the vendor, and how these meet the requirements of or pursuant to the Railway Act and the documentation that shows that the personnel are duly authorized or certified.

c) description of the different types of rolling stock to be used in the business, including the documentation that shows that the material meets the requirements of or pursuant to the Railway Act and, where appropriate, approved or allowed.

4. It should only forward added documentation of the brief items that meet the TSI and other requirements set out in the interconnection regulation.

§ 18. Insurance 1. The railway companies with license issued in another EEA Member State or Switzerland need to be adequately insured or have adequate security for any liability that may arise due to the business, including coverage of liability in case of accidents, especially when it comes to passengers, luggage, cargo, mail and third parties. The insurance or guarantee must as a minimum have a coverage on 4500 G (12 times the basic amount) per damage case.

2. to demonstrate that the claim of the insurance or security is met, it must be presented information about the insurance or guarantee covering the liability referred to in the first paragraph.

§ 19. Renewal and change of the security certificate 1. Security certificate be renewed upon application from the railway undertaking at least every five years.

2. The railway undertaking shall promptly inform the Norwegian Railway Inspectorate on all significant changes in the assumptions that were added to the reason for the issuance of the security certificate. The entity shall, in addition, inform the Norwegian Railway Inspectorate every time it introduced a new category personnel or new types of rolling stock.

3. The State's Railway Inspectorate can require that the security certificate should be revised by significant changes in requirements in or pursuant to the Railway Act. The security certificate to be updated in whole or in part by any significant changes of nature or scope.

section 20. Processing time 1. Application for safety certificate will be settled promptly and no later than four months after the Norwegian Railway Inspectorate has received all the required information and any additional information required. If the applicant is requested to provide additional information, these lodged immediately.

2. The same applies at the renewal and update of the security certificate.

§ 21. Revocation of security certificate 1. The State's Railway Inspectorate to revoke all or part of the security certificate if the railway undertaking does not meet the requirements of the security certificate.

2. The State's Railway Inspectorate to revoke the security certificate if it turns out that the railway undertaking has not used it as intended in the year after the issuance.

§ 22. Right of access to training, and more.
1. Railway undertakings shall have access to the training of drivers and train personnel from the offering such training, and where such training is necessary to achieve the security certificate, on equal terms and without discrimination to a reasonable and fair price according to the cost, which also may include a profit margin.

2. The services offered, must include training in the necessary line knowledge, operating rules and operating methods, the system for signal design and management, as well as the current procedures by emergency situations on the right lines.

3. when the railway undertaking hires new drivers, new train personnel and new personnel to perform important security tasks there should be able to take into account the training, qualifications and experience that can be achieved in the past from other railway undertakings. In view of this has mentioned the right to receive personnel access to and copies of, as well as to provide all documents that confirm their training, qualifications and experience.

4. access to training and the responsibility for the level of training by the way going to happen as described in the security management system to the railway undertaking or infrastructure manager.

Chapter 4. Security authentication of infrastructure manages the section 23. Security authentication requirements 1. The infrastructure manager must have security authentication issued by the Norwegian Railway Inspectorate. Infrastructure manager with security authentication can perform own transport in connection with the development, operation, maintenance and occasional transportation needs related to the operation of the railway network.

2. Security validation can also include the associated infrastructure such as infrastructure manager after the agreement undertakes to drive for private. Security management system must cover all infrastructure run by the infrastructure manager.

3. Security validation should include a confirmation of acceptance of the infrastructure manager's safety management system. Further to the approval confirmation of acceptance contain of the conditions in section 24.

section 24. Criteria for approval to be issued security authentication infrastructure must manage a) have a safety management system that meets the requirements of the safety management regulations b) be able to meet specific requirements necessary for the safe design, secure maintenance and safe operation of the railway infrastructure, including the maintenance and operation of the system for traffic management and signal giving.

§ 25. Renewal and change of security authentication 1. Security validation be renewed upon application from the infrastructure manager at least every five years.

2. Security validation is to be updated in whole or in part by any significant changes of the infrastructure, the signal system or energy supply or of the principles of operation and maintenance of these. The infrastructure manager shall promptly inform the Norwegian railway supervision of all such changes.

3. The State's railway supervision may require the revision of the security validation after significant changes of the requirements set out in or pursuant to the Railway Act.

§ 26. Processing time 1. Application for security authentication will be settled promptly and no later than four months after the Norwegian Railway Inspectorate has received all the required information and any additional information required. If the applicant is requested to provide additional information, should these lodged immediately.

2. The same applies for the renewal and update of security validation.

§ 27. Revocation of security authentication Norwegian Railway Inspectorate to revoke the security validation if the infrastructure manager no longer meet the requirements that apply to security validation.


Chapter 5. Common procedural rules section 28. The processing rules 1. If not otherwise specifically determined comes to administrative law. This also includes that State's railway supervision to provide guidance on how to license, the security certificate and the security authentication is accomplished and which requirements that apply, including information about the regulations and any other documents that are relevant in connection with the applications. It is to be given in particular guidance to train companies applying for the security certificate for the services on a particular limited part of the railway network, with particular indication of the rules that apply for the appropriate section.

2. The State's Railway Inspectorate to issue an application guidance stating and explanation of requirements in connection with security certificates and a list of documents that must be added. This should be available for all applicants free of charge. Applications should be submitted in the language that is specified by the Norwegian Railway Inspectorate.

section 29. Notification to other government departments 1. By serious doubts about a railway company license issued by the authority in another EEA Member State or Switzerland meets the requirements of Directive//EU 2012 34, to the State's railway supervision without undue delay inform the competent lisensutstedende authority in the EEA Member State or in Switzerland about this.

2. by the issuance, suspension, revocation or modification of the license to the State's railway supervision as soon as possible notify the European Railway Agency about this.

3. The State's Railway Inspectorate shall within one month inform the European Railway Agency about security certificates and safety approvals that are issued, renewed, amended or revoked. It should specify the name and address of the railway undertaking or infrastructure manager, issue date, scope and validity of the security certificate or security validation and the reasons for a possible recall.

4. If the State's railway supervision a security certificate revoke issued pursuant to Chapter 3 the going to immediately notify the national security authority of the State that issued the security certificate in accordance with Directive 2004/49/EC article 10 No. 2 letter a on this.

Chapter 6. Final provisions § 30. Notification of the change in the law or regulations, etc. The Ministry is to immediately inform the EFTA surveillance authority about all changes of the national security policies and about the all new such rules laid down, unless the current rule exclusively conducting TSI's that dealt with in the interconnection regulation.

section 31. Hearing of the parties concerned and the EFTA Surveillance Authority by the introduction of new national safety rules 1. If the Norwegian Railway Inspectorate, after the adoption of the common security goals, will introduce the new national security rules that require a higher level of security than the common security goals, or if the State's railway supervision will introduce the new national security rules that may affect the business of the railway enterprises from other EEA States that operate on Norwegian territory, to all affected parties be heard in good time.

2. The State's railway supervision shall also submit the draft to the security rules with the justification for the introduction of the EFTA surveillance authority.

section 32. Report 1. Norwegian railway supervision to each year draw up and make public a report on the preceding business year. The report shall contain the following information: a) the development of railway safety, including an overview of the situation on the membership plan with respect to the common safety indicators as provided for in Directive 2004/49/EC annex I.

b) important changes in laws and regulations with respect to railway safety.

c) development with regard to the security certification and security authentication.

d) results and experiences from the surveillance of infrastructure managers and railway companies.

e) exceptions from the requirements to identify the entity in charge of maintenance as provided for in Directive 2004/49/EC Article 14a No. 8.2. The report to be submitted to the European railway agency within 30. September each year.

section 33. Entry into force, changes in other regulations etc.
1. These regulations come into force 1. January 2017.

2. From the same time the following change in the regulations 10. December 2010 No. 1569 for permission to drive traffic business and infrastructure for light rail, Metro, suburban railway and godsbane, as well as the branch line, the harbour tracks and more (the permission Regulation):--3. In regulation 3. September 2010 No. 1241 on the implementation of European Parliament and Council Regulation (EC) No. 1365/2007 of 23. October 2007 on rail passengers ' rights and obligations (rail passenger rights regulation):--4. Licenses, security certificates and security approvals granted pursuant to regulation 10. December 2010 No. 1568 on the railway business, etc. on the national railway network comes on on the same terms as before.

5. The exception provided under the legal authority of the regulations 10. December 2010 No. 1568 on the railway business, etc. on the national railway network comes on on the same terms as before.