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Regulation (2006:421) On Safety In Road Tunnels

Original Language Title: Förordning (2006:421) om säkerhet i vägtunnlar

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Introductory provisions



section 1 of this regulation provides for the application

of the Act (2006:418) concerning safety in road tunnels.



section 2 of the concept of the TEN road network in this regulation the same

meaning as in the Act (2006:418) concerning safety in road tunnels.

Vehicle concepts have in this regulation has the same meaning as in

Act (2001:559) road traffic code definitions.



Safety requirements



paragraph 3 of the Transport Board may, after consulting the Transport Department

and the Swedish civil contingencies Agency, notify

regulations on the safety requirements to be met in a tunnel.

Regulation (2010:153).



Exemptions from safety requirements



4 section Tunnel Authority may, at the request of a tunnel permit holders

exception from the security requirements of a tunnel if it



1. justification that the new technology is used and on the safety of

the tunnel is not thereby impaired, or



2. There are compelling reasons for exemption and if the alternative

risk reduction measures ensure the safety of the tunnel

is not impaired.



The exception referred to in the first subparagraph 2 shall not be granted in respect of

design of emergency stations, billboards,

emergency parking or emergency exits or in case of

retransmission of radio.



§ 5 A request for exemption from the safety requirements shall include



1. a description of the requested derogations,



2. a description of the circumstances on which the tunnel would

cited in support of that exception must be accepted, and



3. an investigation shows that the security is not impaired.



If the exception is claimed under paragraph 4(1) 1 shall request

also contain an opinion by a control unit.



section 6, if the tunnel authority considers that the exemption under section 4 for a

the tunnel, which is part of the TEN-road network should be provided for, it shall

submit an application for a derogation to the European Commission.

Application must attach to the tunnel tunnel authority holder

the request and the documents referred to in section 5.

Regulation (2015:430).



section 7 of the Tunnel Authority may also in other tunnels operate a

exemptions from safety requirements that have been granted for a tunnel

in accordance with the procedure laid down in article 14 of European Parliament and Council

Directive 2004/54/EC of 29 april 2004 on minimum safety requirements for

tunnels in the trans-European road network.



Tunnel authority



section 8 Transport Board is the tunnel authority.

Regulation (2008:1181).



Security documentation



9 § security documentation in accordance with section 6, 1 Act (2006:418) about

safety in road tunnels shall contain a description of the

preventive and precautionary measures



1. in order to ensure the safety of road users, with

account also of disabled persons or persons with reduced

mobility,



2. with regard to how the tunnel is built in large, and



3. with regard to the environment, traffic, character and

possible rescue operations.



The tunnel manager shall inform the safety officer of any

modification of the safety documentation.



section 10 During the planning of a tunnel, the following

documents included in the security documentation:



1. a description of the planned tunnel and entry points to the

the,



2. documents showing how the tunnel will be constructed

and what operational arrangements envisaged,



3. a traffic forecast with a risk analysis in terms of traffic with

dangerous goods,



4. a special study which describes the risk of accidents and

measures to reduce the risk of accidents and their consequences

and



5. a statement of all safety aspects from a

control unit or another with special expertise in

area.



section 11 When a tunnel is ready to come into operation shall

safety documentation, except as set forth in section 10,

contain



1. a description of the organisation to safe operation and

the maintenance of the tunnel;



2. an emergency plan, which takes into account the

the needs of people with disabilities or impaired

mobility has, and



3. a description of how accidents and serious incidents

shall be reported.



The tunnel manager shall consult with the municipal organization

for search and rescue and Security Coordinator in developing

of the plan referred to in the first subparagraph 2.



12 § When a tunnel is in operation, the safety documentation,

In addition to what is stated in paragraphs 10 and 11, include



1. a description of the analysis of the accidents and serious

hazardous occurrences that have happened in the tunnel, and



2. a list of the exercises in rescue efforts

been carried out and an analysis of these.



section 13 Transport Board may, after consulting the

The Swedish civil contingencies Agency and the Swedish Road Administration,

announce details relating to the establishment and

the contents of the safety documentation.

Regulation (2010:153).



The Security Coordinator's activities



section 14 of the safety officer shall, except as specifically

prescribed,



1. ensure coordination with the municipal organization

for emergency assistance,



2. participate in the preparation of plans for the management of the tunnel,



3. assist the municipal organization for civil protection service

the planning, implementation and evaluation of

rescue operations,



4. participate in the preparation of security plans and specifications

for the structure, equipment and operation,



5. make sure the tunnel provides operating staff and

emergency personnel the training needed,



6. give advice when the frame and equipment put into operation as well as at

the operation of the tunnel;



7. check that the frame and equipment maintenance and

repaired, and



8. participate in the evaluation of all accidents and near misses

According to section 31.



section 15 of the Tunnel Manager shall take the necessary measures to

the safety officer to carry out the tasks specified

in section 14.



section 16 a safety coordinator must have the task to be

Safety Coordinator for multiple tunnels.



section 17 of the Transport Board may, after consulting the

The Swedish civil contingencies Agency and the Swedish Road Administration,

notify the Security Coordinator's

activities and tasks. Regulation (2010:153).



Approval of a tunnel



section 18 of the Tunnel Manager shall provide a request for approval in accordance with

section 10 of the Act (2006:418) concerning safety in road tunnels attach



1. the safety documentation provided for in section 11 of this regulation

and the Security Coordinator's opinion on

safety documentation,



2. the plans for the Organization and operation of the tunnel that has

established pursuant to section 6 of the 2 law of safety in road tunnels, and



3. a description of the procedures for the closure of the tunnel in a

emergency developed under section 6 of the Act on safety 3

in road tunnels, and



4. the available observations of control devices over the security in

the tunnel.



section 19 of the Tunnel Authority shall notify the tunnel manager if

decisions concerning the authorisation of a tunnel under section 10 of the Act

(2006:418) concerning safety in road tunnels. Notification of such

decision shall also be sent to the safety officer and the

municipal organization for civil protection.



Constructional changes etc. of tunnels in operation



section 20 of a tunnel shall be deemed to have undergone such engineering

or operational changes specified in paragraph 10 of the first

the second sentence of the Act (2006:418) on security in

road tunnels, if the change means that any point in the

safety documentation must be altered significantly.



section 21 of the Tunnel Manager shall inform the safety officer if

other changes in tunnel construction technical implementation or

in the plans of the operation than referred to in section 20.



If the tunnel is to be built on, the tunnel before work

begin in the right tunnel authority and the municipal

Organization for emergency assistance if the planned measures

and if the Security Coordinator's comments on the measures.



Control unit



section 22 a control unit that performs inspections, evaluations and

tests must have a high level of expertise and use a

high quality procedures and also in other respects be appropriate to

carry out their tasks.



The control unit shall be functionally independent of the

the tunnel manager.



section 23 of the Transport Board may, after consulting the

The Swedish civil contingencies Agency and the Swedish Road Administration,

notify additional provisions on the control units

activities and tasks. Regulation (2010:153).



Regular checks and drills



24 § Controls according to section 11 of the Act (2006:418) on security in

road tunnels shall be carried out by one or several control units.



The tunnel manager shall notify the tunnel authority if the result

of the controls.



section 25 of the Exercises in rescue operations in accordance with section 12 of the Act

(2006:418) concerning safety in road tunnels shall be implemented under

realistic conditions in order to achieve clear

evaluation results of the tunnel's safety.



The safety officer shall, in cooperation with the municipal

Organisation for search and rescue and law enforcement

draw up a report on each exercise. The report shall

evaluate the drill and the draft

improvements in security that are needed. Security Coordinator

to send the report to the tunnel manager. The tunnel manager shall

with a private opinion, submit the report to the tunnel authority.

The tunnel manager shall send its opinion even to

the safety officer. Regulation (2014:1277).



section 26 of the Transport Board may, after consulting the

The Swedish civil contingencies Agency and the Swedish Road Administration,

announce details relating to the periodic checks and

exercises. Regulation (2010:153).



Risk analyses



paragraph 27 of the risk analysis shall be carried out to the extent

legally required. The who perform a risk analysis shall be


functionally independent from the tunnel manager.



With the risk analysis provided an analysis of the risks associated

with a particular tunnel. The analysis shall be carried out in accordance with best

available method and taking into account all factors relating to the

the design and dimensioning of the tunnel as well as the

traffic conditions that affect safety, notably traffic

nature and type of the tunnel length, tunnel geometry and the

expected number of heavy goods vehicles per day.



section 28 Before a tunnel is taken into use for the public service shall

the tunnel manager carry out risk analyses relating to overtaking with

heavy trucks in the tunnel and transport of dangerous goods in

the tunnel. The risk assessment shall be sent to the

authorities have the right to notify local traffic regulations

in these respects.



section 29 of the Transport Board may, after consulting the

The Swedish civil contingencies Agency and the Swedish Road Administration,

announce details relating to the execution of the risk analyses.

Regulation (2010:153).



section 30 of the Swedish Transport Agency will continuously inform the European

the Commission of the methods for risk analysis

used. Regulation (2008:1181).



Reporting accidents and serious incidents



section 31 of the Tunnel Manager shall promptly draw up a report on the

each accident and fatal accidents that have occurred in the

the tunnel.



The report shall contain a description of the event and a

analysis of the circumstances of the accident or olyckstillbudet.

On the causes of the accident or olyckstillbudet can

be established, the report shall contain proposals for action

to prevent accidents or ' near misses ' of a similar nature.



The report shall, within one month from completion is sent

the tunnel authority, the safety officer and the municipal

the Organization of emergency services.



section 32 reports in accordance with section 31, involved people's names,

the vehicle registration number and other similar information is not

specified.



33 § Tunnel Authority shall, by 1 June every two

calendar years, beginning in 2008, compiling a report on the

fires and accidents in tunnels, at TEN-road network

during the two preceding calendar years, and which clearly has impacted

on the safety of road users. The report shall, for each brand and

accident contain an assessment of the actual role and

the importance and effectiveness of security measures. Evaluation

should be done by a control unit.



Tunnel authority shall submit the report to the European

Commission by 30 september of the year following the

the reporting period. Regulation (2008:1181).



Appeal



34 § in 22 a of the Administrative Procedure Act (1986:223) contains provisions

If an appeal to the administrative court. A

tunnel decision in cases of exceptions from

safety requirements should not, however, be appealed if the decision preceded

an application to the European Commission about derogations from

the security requirements.



Appropriations



35 § Transport Agency may provide



1. If the fees for supervision and case management according to law

(2006:418) concerning safety in road tunnels and in accordance with the provisions

has been issued pursuant to the Act, and



2. for enforcement of the Act and this regulation.



Rules for enforcement be notified after

The Swedish civil contingencies Agency and the Transport Department

have been consulted. Regulation (2010:1608).



Transitional provisions



2006:421



1. This Regulation shall enter into force on 1 July 2006.



2. in the case of a tunnel which is in operation on the TEN road network at

entry into force, the tunnel authority



a. by the end of 2006 a plan for the gradual

application of safety requirements and inform the European

the Commission on the plan, and



b. not later than 30 april 2007 inform the European Commission

how security requirements are met as well as on the measures

planned and their effects.