Safety, Interoperability, Passenger Rights and Rail Regulation Page 1 05.12.2015 Facing the Challenge: Cleaning up the National Vehicle Rules.

Safety, Interoperability, Passenger Rights and Rail Regulation

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Facing the Challenge:

Cleaning up the National Vehicle Rules

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What must we comply with?

• Directive 2008/57/EC (Interoperability Directive): In brief: If TSIs don’t apply, national vehicle rules do (non-TSI vehicles, open points,

specific cases and derogations)

Article 27: Classify national rules pursuant to Annex VII and cooperate with the Agency in establishing a reference document cross-referencing all the national rules applied for placing vehicles in service

Annex VII section 1: Parameters for the national vehicle rules

• Decision 2009/965/EC (on the Reference Document): Parameters for the cross-referencing of the national rules in the reference

document

Constitute an exhaustive list of parameters to be described by rules for authorising vehicles to be placed in service

(+ Draft Decision on the publication and management of the reference document as agreed in RISC October 2010)

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The Main Challenge: Collecting and cross-referencing the rules

• What characterises the current Norwegian Vehicle Rules? Spread vertically and horizontally

Not sufficiently transparent

Inherited from the good, old days when there was only one national railway company and the rules were internal

No constitutional procedure for establishing obligations for individuals

• The rules are mainly found: In national secondary legislation (generic requirements)

In administrative practice (focus areas for the NSA)

In the Technical Rules from the IM (but on different levels of detail and often transposed standards)

• The rules have now been collected and cross-referenced in the Norwegian Reference Document

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Cleaning up the rules: ”Target system”

• Those requirements are partly Directive-based, partly our own

(those interests often coincide)

• The rules must be: Adapted according to constitutional requirements

Clear

Transparent & user friendly

Universal

Verifiable by a Designated Body

Requirements for an authorisation for PIS

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Now what do we do???

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Keep your head cool!

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The solution: Copy the relevant structure

The detailed list of parameters in annex to Decision 2009/965 is the basis for the reference document

The reference document lists all the relevant national vehicle rules

The national reference document would be easy to fill out and update if the national vehicle rules are structured in the same way

Then why not structure the national vehicle rules in the same way as the reference document???

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Structure (outline)

• One short piece of secondary legislation with reference to the

procedures for PIS according to the Interoperability Directive

• Annex structured as the reference document National rules written in a clear language etc

Some basic parameters does not have a corresponding national vehicle

rule

References to standards and TSIs whenever no specific national

requirement (but checked by a Designated Body instead of a Notified

Body)

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Advantages

We follow the intentions of the Directive and our own

constitutional requirements for rules to be imposed

on legal subjects

Easy to identify the corresponding national vehicle

rule to a basic parameter (same numbering)

Easy to update the reference document whenever

there is a changed parameter or national rule

Facilitates cross acceptance