Regulation (2015:307) If Compensation For Equipment And Installation Of Protective Equipment In Railway Communication System

Original Language Title: Förordning (2015:307) om ersättning för skyddsutrustning och installation av skyddsutrustning i järnvägens kommunikationssystem

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2015:307

The scope of the



section 1 of the Compensation pursuant to this Regulation shall, subject to availability

on average, be provided for the costs of purchasing and installing

equipment to protect the receiver for rail

radio communication systems, GSM-R, against disturbance

of signals from public mobile communication systems.



Consideration may be given to the keeper of the vehicle

as at the date of this decision on the compensation is used in

rail traffic or work on the rail network in Sweden. The same

is true for vehicles to be used according to an agreed

upcoming timetable.



The terms used in this regulation have the same meaning

as in the Railway Act (2004:519).



General terms and conditions



section 2 of the compensation may be paid for actual costs for purchases

and installation of protective equipment in railway vehicle



1. The CAB radio, and



2. MUKESH (ETCS Data Only Radio).



To compensation must be provided to protective equipment and

the installation of at least fulfill one of the following requirements

CAB-radio:



– for radio modules, protection requirements of ETSI specification TS 102

933-1 v1.3.1 (2014-06),



– for new CAB radio, protection requirements of ETSI specification TS 102

933-1 v1.3.1 (2014-06), and



– for filter, protection requirements of Swedish national technical

specification TRV 2014/71742, "Type 2, Passive Low pass

filter ".



To compensation must be provided for MUKESH to MUKESH is protected

with filter to meet the protection requirements of the Finnish transport agency

technical specification TRV 2014/71742, "Type 1, Passive

downlink and uplink Band pass filter ".



paragraph 3 of the payments may be provided with not more than the following amounts:



– 37 500 kr per CAB radio and 45 000 SEK per MUKESH if

protective equipment is purchased and installed before March 1,

2016,



-18 750 SEK per CAB radios and 22 500 SEK per MUKESH if

protective equipment is purchased and installed after the 29

February 2016 but before 1 July 2016.



For the first vehicle in a vehicle series receives compensation

also be provided for the actual costs of project planning and

preparation of installation instructions with no more than half of the

the specified amounts for CAB-radio and MUKESH according to

the first paragraph. With vehicle series referred to vehicles for which the same

planning and installation instructions for

protective equipment may be used.



Compensation shall not be paid for equipment that is purchased

or installed after June 30, 2016.



section 4 If there are special reasons, compensation is paid for

protective equipment and installation of this, even if the conditions

in the second and third subparagraphs of paragraph 2 are not met. A

prerequisite for this is that consideration is deemed to

GSM-R with such equipment will work

reliable and secure taking into account interference on

recipients due to signals from public mobile

communication systems.



Application and decision



§ 5 Transport Department examines issues of compensation under this

Regulation. The application for compensation is made in retrospect and ska,

unless the Transport Department of the case admits otherwise, be

in writing on a form provided by the Transport Department.



The applicant shall provide the Transport Department the particulars and documents

really need to be able to examine an application for compensation.



Applications will be examined in the order in which they come in to

Swedish transport administration, unless there are special reasons to the other

order in the case.



An application for compensation must be submitted to Dmv

last modified on december 2016.



section 6 of the Transport Department to consult when considering

The Swedish Transport Agency, if necessary.



If the Transport Department awards compensation, should the work pay off

the compensation.



paragraph 7 of the Finnish transport agency may, in individual cases, allow the application for

compensation is made in advance and payment of compensation is done

in advance.



If compensation has been paid under the first subparagraph, shall

the applicant immediately after the measures completed leave

the particulars and documents referred to in section 5.



section 8 a compensation order must be reconciled with the conditions

needed for the supervision and monitoring of how the compensation

used. The conditions shall be set out in the decision.



Review of decisions and recovery



section 9 If the applicant through incorrect or incomplete information

led to compensation have been granted or granted

an excessive amount, the compensation may be required again, totally or

partly, within ten years from the disbursement. The same applies if the

Replacement receiver violates the conditions or rules

applying for compensation. If there are special reasons,

The Transport Department may waive the requirement for a refund in whole or

partially.



If an amount has been recovered by virtue of the first subparagraph

is not paid on time, the penalty interest in accordance with section 6 of the

interest Act (1975:635) is levied on the amount. If there is

specific reasons, the Transport Department may decide to put down

the interest the claim in whole or in part.



section 10 If purchases or actions are not carried out in accordance with a

decision, the Transport Department, set aside the decision or decide to

compensation shall be provided with a lower amount.



Authorization



section 11 of the Transport Department may provide for

the enforcement of this regulation.



Appeal



section 12 of the 22 a of the Administrative Procedure Act (1986:223) contains provisions

If the appeal to the administrative court. Other decisions

than decisions under section 10 may not be appealed.



Transitional provisions



2015:307



1. this Regulation shall enter into force on 25 June 2015.



2. Compensation under the Ordinance may be given for

measures taken on 5 January.