Draft Law on General Railway
14.07.200 8 1 / 38
GENERAL DESIGN OF THE MIR ROAD
FIRST PART
Purpose, Scope, Definition and Abbreviations Purpose
ARTICLE 1 - (1) The purpose of this Law is; to ensure that railway services are offered to users within the framework of competitive principles, with high quality, continuous, safe and affordable prices, the sector is liberalized and a strong, stable and transparent structure is created and independent regulation and supervision is carried out.
Scope
ARTICLE 2 - (1) This Law; It covers railways at mine and factory sites and railways, except for urban rail systems that are not connected to the national railway network.
Definitions and abbreviations
ARTICLE 3 - (1) Terms and abbreviations used in this Law,
a) EU: European Union,
b) Infrastructure capacity: The maximum number of trains that can be operated in a certain period,
c) Sub-systems: Trans-European, structural and functional parts of conventional and high-speed rail systems,
d) Infrastructure management: The establishment, maintenance and repair of the railway infrastructure and the organization, establishment or operation responsible for the management of the traffic including the management of the traffic,
d) Minister: the Minister of Transport,
e) Ministry: Ministry of Transport,
f) Severe accident: at least three million Turkish Liras on vehicles, infrastructure or the environment resulting in the death of at least one person due to a train collision, train departure or the like accidents leading to destruction,
g) Railway Infrastructure: Providing part of the railway, except for the roads within the scope of railway maintenance workshops, warehouses and locomotive depots including the parades, and the special transportation lines and side roads,
1) Floor;
2) Spelling, splits, drainage channels, ditches, culverts, protection walls, Draft of General Railway Law 14.07.2008 2 / 38SEV provides road and road infrastructure for protection purposes, for example; passenger and cargo platforms and walkways; blanks, fences and fire protection strips; heating devices for shears and the like; snow shields;
3) Bridges, vents, overpasses, tunnels, overhangs, underpasses; retaining walls and structures of art, including protection structures against disasters such as avalanches, landslides or stones;
4) Road superstructure including rails, sleepers, small road fasteners, ballast, shears; rotary bridges and transmission bridges except for those specially designated for locomotives;
5) Road and passenger connection routes including road access;
6) Plants producing, converting and distributing electric current for electrification, signaling and telecommunications facilities, signaling and telecommunications in main line, station and maneuver sites; buildings and factories for this type of plant and road-length train stop devices;
7) Traffic and safety lighting facilities;
8) Transmission cables, transmission cords, catenists and supports between substations and substations; facilities for converting and carrying electrical power for the traction of trains such as third rails and supports;
9) The buildings used by the infrastructure management, including ticket offices;
10) Other station facilities and areas,
ğ) Railway operation: Any public or private sector enterprise that provides freight and / or passenger transportation by rail by supplying towing services only and by pulling the towed vehicles.
h) Safety management system: Arrangement and organization to ensure the realization of activities in accordance with the safety requirements specified in the national safety rules and interoperability technical specifications,
i) General safety indicators: information that includes indicators on safety that the EU member states collect jointly to monitor the overall development of railway safety and to facilitate the control of overall safety objectives.
i) General safety objectives: The safety levels of the railway system as a whole and each section constituting this system are defined according to acceptable risk criteria,
j) Public service obligation: Public transport required by the public General Draft Law on Railway The passenger transport services, which are paid for a railway operation in cases where 14.07.2008 3 / 38 services are not carried out commercially or as required and covered by a railway operation,
k) Interoperability: Trans-European, conventional and high-speed railway systems, including the desired performance level, trains, safe and uninterrupted movement of these systems,
l) interoperability components: any equipment and essential component that will be integrated or integrated into a sub-system for mutual operability,
m) Interoperability technical specifications: The specifications for each sub-system or subsystem part of Trans-Europe, conventional and high-speed rail systems to comply with the basic requirements and to ensure interoperability,
n) Accident: Harmful consequences; collisions, deraylar, level crossing accidents, accidents caused by moving and towed vehicles in motion and accidents and fires such as unintentional or unwanted sudden events or events chain,
o) License: Authorization certificate issued to the railway enterprise or infrastructure management which is considered as qualified by the Railway Safety Authority,
ö) Incident: the situation that occurs in connection with the operation of trains, except for an accident or serious accident, affecting the operational safety,
p) Notified Body: The organization evaluating the suitability of the interoperability components for use or certifying and certifying the subsystems,
r) Network notification: notification of the general rules for infrastructure capacity allocation and pricing, methods to be followed and other information necessary for allocation,
s) Basic requirements: All requirements for interoperability components, including trans-European, conventional and high-speed rail systems, subsystems and interfaces,
s) Blocked infrastructure: The infrastructure infrastructure allocation request, the necessary capacity to meet different capacity demands after the necessary coordination can not be fully met
t) Trans-European Conventional Railway System: Railway infrastructure consisting of railway lines and fixed facilities built for travel at conventional speeds, including trans-European railway network, and towing vehicles designed for cruising on this infrastructure,
u) Trans-European High Speed Rail System: Rail consisting of trans-European railway network, built or improved for cruising at high speeds and improved line and stationary facilities Draft General Railway Draft 14.07.2008 4 / 38 designed for cruising on this infrastructure with its infrastructure tools,
ü) Train route: between two points, depending on the time of the railway track,
v) National safety indicators: information on the national level of safety, to monitor the national development of railway safety and to facilitate the control of safety objectives.
y) National safety rules: All rules covering the safety requirements that the railway undertakings and / or infrastructure management issued by the Railway Safety Authority have to implement,
z) International group: refers to a union of at least two railway companies established in different EU member states to conduct international transport.
SECOND PART
Railway Security Authority
ARTICLE 4 - (1) Railway Safety Authority is established to establish and supervise the general structure regulating railway safety, and to issue licenses and relevant safety certificates to railway enterprises and infrastructure managements. Railway Competition
Regulatory Authority
ARTICLE 5 - (1) A Railway Competition Regulatory Authority, functionally independent of the Railway Safety Authority, shall be established to regulate and supervise access to the railway market in a free, transparent and non-discriminatory manner and to resolve disputes between railway enterprises and infrastructure administrations. (2) Personnel assigned in the Railway Competition Regulatory Authority shall not be assigned a task related to issuing a license, safety authorization certificate and safety certificate, or any other duty that may cause conflict of interest regarding their field of activity.
Railway Accident Investigation and Investigation Board
ARTICLE 6 - (1) In order to improve railway safety, a Railway Accident Research and Investigation Board, independent of railway operators and infrastructure managements, is established to examine and investigate accidents and incidents that occur and to make recommendations regarding safety when necessary. (2) The Board operates functionally independent of the Railway Safety Authority. General Railway Draft Law 14.07.2008 5/38
Notified bodies for interoperability
ARTICLE 7 - (1) The Ministry is authorized to establish a notified body and / or to recognize another notified body in an EU member country in order to fulfill the following duties:
a) To assess the suitability of the interoperability components for use and to issue the relevant certificate,
b) Perform the verification process of sub-systems and give the relevant certificate. (2) The working procedures and principles of the notified bodies are regulated by regulation.
Independence of infrastructure management
ARTICLE 8 - (1) Infrastructure managements; It operates independently from all railway enterprises in terms of infrastructure allocation and pricing functions, legal structure, organization and decision-making functions. (2) To meet these conditions;
a) Legal legal entities shall be established for activities related to transport services and infrastructure management,
b) The independence of infrastructure management is maintained in the contracts,
c) Tasks related to infrastructure allocation and remuneration shall be carried out by the personnel of the infrastructure management who are not affiliated with the railway undertakings. (3) All decisions and transactions contrary to these terms are invalid.
Separation of accounts
ARTICLE 9 - (1) These fields of activity are separated in the accounting records of railway enterprises operating in relation to the provision of freight transport and passenger transport services. Aids received for public service obligations are shown separately in the accounts and cannot be used for any other purpose.
THIRD PART
Safety Safety policy and safety rules
ARTICLE 10 - (1) The Railway Safety Authority establishes, monitors, encourages, improves and ensures its implementation, including technical specifications for interoperability, national safety rules and the transport of dangerous goods by rail. (2) In order to fulfill the duties assigned to the Railway Safety Authority; General Railway Draft Law 14.07.2008 6/38
a) enter into buildings and facilities where railway operators, infrastructure management and buildings and facilities belonging to manufacturers and towed vehicles operated by them,
b) Receive data from recorders, including voice recorders,
c) examine and receive copies of documents,
ç) may apply to the knowledge of railway operators, infrastructure management and personnel operated by manufacturers,
d) Decide to take necessary measures in safety-related emergencies and give instructions to railway operators, infrastructure management and manufacturers. (3) In order to ensure the effectiveness of the decisions taken at the request of the related parties or at the request of the related parties:
a) It takes the measures that it deems necessary to prevent damage caused by the practices of railway enterprises and infrastructure management,
b) may claim a collateral against damage and loss that may occur. (4) Procedures and principles regarding railway safety are regulated by regulation.
Safety obligations of railway enterprises
ARTICLE 11 - (1) Railway operators are obliged to operate trains safely and appropriately and to control the risks associated with it, especially to use towing-towed vehicles put into service according to the relevant rules and to check that the personnel carrying out safety-related duties meet the relevant requirements.
Safety requirements of infrastructure management
ARTICLE 12 - (1) Infrastructure managements are obliged to operate the infrastructure in a safe and appropriate manner and to control the risks associated with it, to use the infrastructure that has been put into service in accordance with the relevant rules and to check that the personnel carrying out safety-related duties meet the relevant requirements.
Improving safety
ARTICLE 13 - (1) Railway enterprises and infrastructure management continuously improve the safety of the infrastructure with towing vehicles in reasonable and practicable situations. (2) In efforts to improve safety, railway enterprises and infrastructure management give priority to the prevention of serious accidents.
Safety management systems
ARTICLE 14 - (1) Railway enterprises and infrastructure managements establish their own safety management systems to ensure that the railway system reaches the general General Railway Law Draft 14.07.2008 7/38 safety targets. (2) In safety management systems, it is ensured that the risks related to the activities of railway enterprises and infrastructure management, including the risks arising from the activities of third parties, are controlled when appropriate and reasonable.
Safety reports
ARTICLE 15 - (1) Railway enterprises and infrastructure managements submit their annual safety reports for the previous calendar year to the Railway Police Authority by the 30th of June at the latest. (2) The safety report includes the following:
a) Information on the realization of the planned corporate safety objectives,
b) Recommendations for the development of national safety indicators and general safety indicators,
c) Results of internal audit related to safety,
ç) Observations on defects and faults that occur in transport activities and infrastructure management which may be useful for the Railway Safety Authority. (3) The Railway Safety Authority publishes the annual railway safety report for the previous calendar year, including activities related to railway safety. (4) The annual railway safety report is sent to the European Railway Agency by September 30 at the latest.
Infrastructure and towing vehicles taken into service
ARTICLE 16 - (1) The commissioning of infrastructure and towing vehicles is permitted by the Railway Police Authority at the request of the infrastructure management and / or the railway operator. (2) The commissioning of infrastructure and vehicles not covered by the technical specifications for interoperability shall be decided in accordance with national safety rules. (3) The procedures and principles regarding the commissioning of infrastructure and towing vehicles are regulated by a regulation.
Interoperability
ARTICLE 17 - (1) trans-European conventional and high-speed rail system including the railway system in Turkey must meet the basic requirements for the structural and operating conditions with the technical specifications for interoperability. (2) Procedures and principles regarding mutual operability are regulated by a regulation. General Railway Draft Law 14.07.2008 8/38
CHAPTER FOUR
Investigation and Investigation of Incidents with Railway Accidents Investigation and Investigation of Accidents with Accidents
ARTICLE 18 - (1) The Railway Accident Investigation and Investigation Board decides on the investigation and examination of the accident or incidents taking into account the following issues;
a) The seriousness of the accident or incident,
b) Whether the system constitutes a part of a chain of accidents or events that are fully associated with it,
c) Effects on railway safety at EU level,
ç) Railway enterprises, infrastructure management, requests from the Railway Safety Authority or EU Member States. (2) All kinds of communication tools, facilities and support services, which are needed for the investigation of a particular accident or incident by the Railway Accident Investigation and Inspection Board, are provided free of charge by railway enterprises and infrastructure management. (3) Without prejudice to the provisions of the relevant laws concerning the judicial investigation, the Railway Accident Investigation Board shall take all measures in cooperation with the Railway Safety Authority and the judicial authorities. (4) The Railway Accident Investigation and Inspection Board conducts its investigations and investigations independent of any legal investigation, and does not deal with any defect or liability assessment. (5) The investigation, investigation and reporting of accidents and incidents by the Railway Accident Investigation and Inspection Board cannot be used as evidence in terms of administrative and judicial aspects, and does not create any defect or responsibility. (6)
Reporting and reporting of accidents and incidents
ARTICLE 19 - (1) The accident or incident that occurs is reported to the Railway Accident Research and Examination Board as soon as possible by the railway enterprises, infrastructure management and, where necessary, the Railway Safety Authority. (2) After completing the investigation and investigation related to the accident or incident, a report is prepared by the Railway Accident Research and Investigation Board in accordance with the nature of the accident findings, the type and severity of the accident. The report states the purpose of the research and investigation and includes recommendations regarding safety if necessary. The report is sent to the relevant institutions and organizations and the parties. General Railway Draft Law 14.07.2008 9/38 (3) The Railway Accident Research and Investigation Board notifies the European Railway Agency of its decision to initiate research and investigation on railway accidents and incidents within seven days.
Precautions
ARTICLE 20 - (1) Railway enterprises and infrastructure management notify the Railway Accident Investigation and Investigation Board of the measures taken or planned to be taken in line with the safety recommendations. (2) between the Railway Accident Investigation and Review Committee with other agencies or organizations in Turkey in case of a dispute over safety recommendations, Railway Safety Authority shall decide on the measures to be taken.
Accident Investigation Annual Report
ARTICLE 21 - (1) The Railway Accident Investigation and Investigation Board publishes an annual report containing the research and examinations conducted in the previous year, safety recommendations and the precautions taken regarding the previous safety recommendations, by the 30th of September every year at the latest. (2) The Railway Accident Investigation and Investigation Board sends a copy of its annual report to the European Railway Agency.
SECTION FIVE
Access to Infrastructure Regulation of competition
ARTICLE 22 - (1) The Railway Competition Regulatory Authority makes regulations and supervises the practices that will ensure free access to the railway infrastructure and fair competition in the use of the railway infrastructure. (2) It observes that the conditions of access to infrastructure are applied equally, fairly and without discrimination to railway enterprises. Monitors the transparency and impartiality of the application process. (3) It resolves the disputes that may arise between the infrastructure managements and the railway enterprises on the following issues; a) Network notification, b) Implementation of the criteria in the network notification, c) Capacity allocation procedure and results, ç) Pricing plan, d) Amount and scope of infrastructure usage fees. (4) The Railway Competition Regulatory Authority takes immediate action in case of complaint and makes a decision binding the relevant parties on the complaint within a maximum of two months from the receipt of all General Railway Law Draft 14.07.2008 10/38 information.
Access rights to infrastructure
ARTICLE 23 - (1) Public and private railway enterprises established in accordance with Turkish legislation shall be granted access to railway infrastructure. (2) The right of access to the railway operators other than these is granted as follows: a) Railway enterprises of the EU member states and international groups are given access right for transit transportation. b) to this group if the introduction of an international group of Turkish railway company, given Turkey the right of access to transport services between EU member countries. c) Rail operators of EU member states are granted access to infrastructure under equal and fair conditions for all types of freight transport services in the entire network. (3) Turkey's rail to rail with access to the infrastructure company, is entitled to use the infrastructure capacity, provided they have a valid license and a valid safety certificate. (4) Procedures and principles regarding infrastructure access are regulated by a regulation.
Equality
ARTICLE 24- (1) Infrastructure administrations are obliged to provide line access to service facilities with fair and non-discriminatory service to the railway enterprises.
Network notification
ARTICLE 25 - (1) Infrastructure managements prepare a network notification. The network notification is changed and kept updated as needed. (2) One month before the network notification is published, it is submitted to the Railway Competition Regulatory Authority.
Infrastructure pricing
ARTICLE 26 - (1) Infrastructure managements determine the price of the services provided to railway enterprises. (2) The infrastructure fee is determined by the market conditions, taking into account the direct cost of running the trains. (3) The basic rules for infrastructure pricing and the details of infrastructure charges are published in the network General Railway Draft Draft 14.07.2008 11/38 notification.
Capacity rights
ARTICLE 27 - (1) Infrastructure capacity is allocated by the infrastructure managements for a working period and cannot be transferred to another entity after the allocation is made to the applicant. Framework agreements ARTICLE 28 - (1) Infrastructure managements can make a framework agreement with the applicant regarding the use of infrastructure capacity for periods exceeding one working period. In this agreement, the requested and offered capacity is specified without specifying the details of the train routes. (2) Framework agreement is concluded for a maximum of ten years. (3) Framework agreements may also be concluded for a period of more than ten years with the approval of the Railway Competition Regulatory Authority, depending on commercial contracts, large-scale and long-term investments or the risks associated with them. (4) Framework agreements are not made in a way that prevents the use of the infrastructure and services by other applicants.
Blocked infrastructure
ARTICLE 29 - (1) In cases where it is not possible to meet the infrastructure capacity demands sufficiently, it is declared by the infrastructure management without delay that this line section is congested as the supply cannot meet the demand. This practice is also made for line sections where infrastructure capacity is predicted to be insufficient in the near future. (2) In case of congested infrastructure, the measures to be taken are determined by a regulation.
Specially allocated infrastructure
ARTICLE 30 - (1) Infrastructure managements may allocate a certain infrastructure section to the use of a special type of traffic, after obtaining the opinion of the relevant parties and the approval of the Railway Competition Regulatory Authority, if there are suitable routes. (2) In case of free capacity, allocation of the specially allocated infrastructure section to other traffic types is also allowed. However, priority is given to the specially allocated traffic type in the allocation of infrastructure capacity.
Temporary shutdown of infrastructure
ARTICLE 31 - (1) In extraordinary and compulsory situations, the relevant infrastructure section may be temporarily closed to traffic without warning by the infrastructure management for the period required to restore the railway system to normal. (2) Railway enterprises are informed of the situation as soon as possible. General Railway Draft Law 14.07.2008 12/38
CHAPTER SIX
License
License granting
ARTICLE 32 - (1) Railway enterprises and infrastructure managements that apply to provide railway transportation services are licensed by the Railway Safety Authority. (2) The following conditions are sought in granting a license.
a) The reliability of the persons responsible for the management of the railway or the management of the infrastructure,
b) Financial capacity,
c) Professional competence,
ç) Insurance cover. (3) Decision regarding the license application All information related to the railway operation or infrastructure management shall be submitted within three months following the submission of the information and shall be notified to the person concerned. (4) The license is valid for fifteen years.
Cancellation of the license or temporary suspension of use
ARTICLE 33 - (1) The Railway Safety Authority establishes provisions for regular checks at least every five years to check that the railway enterprises or infrastructure administrations continue to meet the requirements for license. (2) In the event of serious doubts that a licensed railway enterprise or infrastructure management fails to meet the required conditions, the Railway Safety Authority inspects whether the license conditions are actually met. If it is determined that the conditions are no longer fulfilled, the use of the license in question is temporarily suspended or canceled by stating the reasons for the decision. (3) Licenses issued to railway operators, amendments to these licenses and transactions regarding the cancellation or rejection of the said licenses shall be immediately notified to the EU Commission. (4) The procedures and principles regarding licenses are regulated by a regulation.
Licenses issued by EU Member States
ARTICLE 34 - (1) The licenses granted by the authorities of the EU member states, according to the reciprocity principle applies only in Turkey. In case of serious doubts that the conditions for the license are not met, the Railway Safety Authority informs the licensing authority of the relevant member country. General Railway Draft Law 14.07.2008 13/38
CHAPTER SEVEN
Safety Certificate and Safety Certificate
ARTICLE 35 - (1) A safety certificate is issued by the Railway Safety Authority to show that the railway operator has established its own safety management system to ensure safe operation on the relevant network and that it meets the requirements of the relevant safety standards and safety rules. (2) This safety certificate may cover the whole or a certain section of the railway network. (3) The Railway Safety Authority makes a decision regarding the application for a safety certificate not exceeding four months after the submission of all relevant information by the railway operator. This decision is notified to the relevant railway operator. (4) Before performing an activity that is not covered by the safety certificate or any activity change that may cause additional risks, the safety certificate is updated partially or completely. (5) When the Railway Police Authority determines that the conditions related to safety are not fulfilled, explaining the reason for its decision, the approved certificate; a) The parts related to the acceptance of the safety management system and / or b) The parts related to the acceptance of the provisions adopted by the railway operator to ensure safe operation on the relevant network. (6) If it is determined that it is not used by the railway operator until the end of the calendar year after the safety certificate is received, the said safety certificate shall be canceled. (7) The safety certificate is valid for five years. (8) The scope of safety certificates and the procedures and principles regarding their issuance are regulated by a regulation.
Authorization of infrastructure management for security
ARTICLE 36 - (1) A safety authorization certificate is issued by the Railway Safety Authority to show that it has established its own safety management system to ensure the safe management and operation of the railway infrastructure and that it meets the requirements of the relevant safety standards and safety rules. Draft General Railway Law 14.07.2008 14/38 (2) The Railway Safety Authority decides on the application for safety authorization not exceeding four months from the submission of all relevant information by the infrastructure management. This decision is communicated to the relevant infrastructure management. (3) When a significant change is made in the infrastructure, maintenance and operating principles of the infrastructure, the safety authorization certificate is updated partially or completely. The holder of the safety certificate of authorization informs the Railway Safety Authority of such changes without delay. (4) If the Railway Safety Authority determines that the infrastructure management has lost the conditions for the authorization in terms of safety, it cancels the safety authorization certificate by stating the reasons for its decision. (5) The safety authorization certificate is valid for five years. (6) The scope of the safety authorization certificates and the procedures and principles regarding their issuance are regulated by a regulation.
PART EIGHT
Public Infrastructure Obligations Infrastructure investments
ARTICLE 37 - (1) All of the construction costs of the railways included in the investment program of public infrastructure managements and requested to be built or improved by the state, including expropriations, are covered by the Treasury. (2) Resource transfer is made at the fiscal year. (3) any external financing capacity of the borrower to provide loans in the investment program of the Republic of Turkey for the financing of such projects, budget revenues and expenses are allocated associating with unrequited. Provisions of the fifth and sixth paragraphs of Article 28 of the Law No. 3 dated 2002/4749/14 regarding the public administrations included in the schedule (I) annexed to the Law No. 10 dated 12/2003/5018 shall not apply to the loans to be provided pursuant to this article.
Infrastructure maintenance and repair
ARTICLE 38 - (1) Annual infrastructure maintenance and repair costs of railways belonging to public infrastructure administrations; Infrastructure usage fees to be collected from railway enterprises and the amount that cannot be covered by the Treasury within the year it belongs, as state contribution, shall be covered by the Treasury within the following procedures and principles: a) State contribution foreseen for railway maintenance and repair expenses in the annual operating budget prepared by the infrastructure management; It is added to the Ministry budget of that year as an appropriation and paid as an advance to the infrastructure management at the beginning of the fiscal year. Draft General Railway Law 14.07.2008 15 / 38b) The difference between the total expenditure amount realized at the end of the year and the amount paid to the infrastructure management as advance by the Ministry is offset within the first two months after the approval of the balance sheet of that year. c) The state contribution given for annual road maintenance and repair costs is included in the operating income of the infrastructure management as a contribution to the infrastructure operating cost.
Continuous shutdown of railway infrastructure or reduction of capacity
ARTICLE 39 - (1) Public infrastructure management announces its intention to shut down a line or a station or reduce the capacity of a line by not less than thirty percent, at least one year before the planned closing or capacity reduction date and informs the Ministry. (2) Opportunities for the operation of the line, which is planned to be closed or reduced in capacity, to third parties are investigated. In case of failure of the works, the public infrastructure management applies to the Ministry with its justifications. (3) The Ministry makes a decision within three months from the date of receipt of the application regarding the line planned to be closed or capacity reduction. In case of refusal to shut down or decrease the capacity, the costs of operating the line are covered from the Ministry budget.
NINTH PART
Public Service Obligations
ARTICLE 40 - (1) Railway passenger transport needs within the scope of public service obligation are determined by the Ministry. (2) Public service obligations are realized by signing a contract between the Ministry and the railway enterprises. In these contracts, the obligations to be fulfilled and line sections are clearly defined. In addition, the principles of sharing the ticket revenues and how they will be paid for are stated. (3) Public service contracts can be concluded for a maximum of fifteen years. However, in cases where there is a public interest, this period can be increased up to fifty percent. (4) The appropriation needed for public service obligations is put into the Ministry budget. (5) Procedures and principles regarding public service obligations and contracts are regulated by a regulation.
TEN SECTION
Fees, Sanctions and Insurance Fees
ARTICLE 41 - (1) The issuance and renewal of the General Railway Law Draft 14.07.2008 16/38 of licenses, safety authorization certificates, safety certificates and other documents are subject to a fee. (2) The procedures and principles to be determined by taking into account the fees, financial burden of the issuance or renewal of the aforementioned documents are regulated by a regulation.
Administrative fines
ARTICLE 42 - (1) In case of violation of the provisions specified in this article, the following administrative fines shall be imposed by the Railway Police Authority: a) Violations that will be subject to administrative fines between two hundred thousand Turkish Liras and five hundred thousand Turkish Liras; 1) Operating a train or operating infrastructure without a valid license, 2) Operating trains without a valid safety certificate or operating infrastructure without a valid safety authorization certificate. b) Violations that will be fined between one hundred and fifty thousand Turkish Liras and three hundred thousand Turkish Liras; 1) Violating the conditions contained in licenses, safety certificates or safety authorization certificates, 2) Violating the conditions in other authorizations, 3) Failing to comply with the safety rules, However, if this violation results in a serious accident, the administrative fine to be applied can be increased up to ten times. 4) To violate the research and investigation conditions of accidents and incidents.
Insurance
ARTICLE 43 - (1) Infrastructure managements and railway operators shall insure the compensation of passengers, baggage, mail and cargo as well as damages incurred by third parties in case of accidents. (2) Railway operators engaged in passenger transport are obliged to have seat personal accident insurance for the passengers they carry within the scope of intercity passenger transport. (3) In terms of insurance branches, the general conditions, tariff and instruction provisions are determined by the Minister to whom the Undersecretariat of Treasury is affiliated.
SECTION TWO
Railway Statistics
ARTICLE 44 - (1) Railway statistics are kept by the Railway Safety Authority in order to evaluate the structure and development of railway transportation. Railway enterprises and General Railway Draft Law 14.07.2008 17/38 infrastructure managements are obliged to provide the necessary data. (2) Procedures and principles regarding railway statistics are regulated by a regulation.
Updating monetary limits
ARTICLE 45 - (1) The monetary limits specified in this Law are updated by the Ministry every year, effective from 1 January, based on the revaluation rate of the previous year published by the Ministry of Finance. However, amounts under one Turkish Lira are not taken into account in the update. (2) Upon the proposal of the Ministry, the Council of Ministers is authorized to increase the monetary limits specified in this Law by not exceeding one hundred percent or to decrease by not exceeding fifty percent.
Changed and added provisions
ARTICLE 46 - (1) Clause "(f) General Directorate of Railway Transport" has been added to Article 9 of the Law on the Organization and Duties of the Ministry of Transport, dated 4/1987/3348 and numbered 8, and the following paragraphs (g), (h) and (i) It has been consecrated as subparagraph. (2) “Railways, (paragraph (a) of the article 3348 of the Law No. 9 has been removed from the text of the article. (3) The expression ”urban rail transport systems, subways and railways, ports, es in paragraph (b) of Article 3348 of the Law No. 9 has been changed to UM all types of urban rail transport systems, ports that are not connected to the national railway network (. (4) 3348 9'in Article (d) in the paragraph of the "operational phase of safety" to come before the phrase "with the connection to the national railway network, except rail systems" was added. (5) The expression “with railway transportations eleri in paragraph (a) of the article 3348 of 10, ras and railway” in paragraph (b) and the expression X and railway des in paragraph (e) are excluded from the text of the article. (6) The following article has been added to come after the 3348th article of the Law No. 13: “Article 13 / A - The duties of the General Directorate of Railway Transport are as follows: a) In general; 1) To take measures to ensure that railway transportation is carried out in accordance with economic, technical, social and national security needs and purposes and to adapt these services to other transportation services, Draft General Railway Law 14.07.2008 18/382) To carry out international relations required by railway transportation services, agreements and to work on mixed commissions, to follow the legislation, technological and economic developments at international level and to develop appropriate strategies and solutions, b) As the Railway Safety Authority; 1) To take or have the necessary measures taken to provide safe and quality service in railway transportation, 2) To establish and inspect the general structure that regulates railway safety, 3) To regulate the qualification requirements of the railway enterprises and infrastructure managements to operate, to issue and inspect licenses and safety certificates when necessary, 4 ) To authorize the commissioning of railway infrastructure, to inspect that it is properly operated and maintained, 5) To authorize the commissioning of railway vehicles, to keep registration records, to inspect that they are properly operated and maintained, 6) Connecting the two sides of the seas from the submarine and its connection to the national railway network To determine the principles regarding the safety, maintenance and repair works of the operating phase of the rail systems and to take the necessary measures, c) As the Railway Competition Regulatory Authority; 1) To make arrangements that will ensure free, transparent and non-discriminatory access to the railway market and to supervise the implementation, 2) To decide on the disputes that may arise between infrastructure administrations and railway enterprises regarding the allocation and pricing of the railway infrastructure, d) To perform similar duties assigned by the Ministry. " (7) Following the Annex 3348 article of Law No. 1, the following articles have been added, respectively: “Additional Article 2 - Railway Accident Investigation and Investigation Board within the Ministry to examine and investigate accidents and incidents in order to improve railway safety and to make recommendations regarding safety when necessary DEKAK) was created. Assembly; a chairman consists of five members. Chairman and members of the Board; Three people from the faculty expert in railway universities, a person in the status of at least Head of Department will be proposed by the minister to whom the Undersecretariat of Treasury, Republic of Turkey State Railways General Directorate of at least Head of Department or one of those who left said the General Directorate person after doing a task in the status of the Regional Director The Draft Law on General Railway 14.07.2008 19 / 38 is appointed by the Minister of Transport. The term of office of the Chairman and members of the Board is three years. Members whose term has expired can be reassigned. If the presidency or membership is vacated for any reason before the term of office expires, the appointment shall be made within one month for the vacant memberships to complete the remaining period. The chairman and the second chairman are elected among themselves. The expenditures of the Board and the fees of the members of the Board shall be covered by the appropriation of the Ministry budget. The Chairman and members of the Board shall be paid out of the daily wages paid to the highest civil servants according to the first clause of paragraph (b) of Article 10 of 2 / 1954 and 6245 dated 33 / XNUMX / XNUMX. The Chairman and members of the Board, for those who work in the public office (2000) for each day they work, for those who do not have a public job (3000) for each day they work (XNUMX), the figure is calculated as a result of multiplying the number of officers with the monthly coefficient. This payment shall be made except for stamp duty on any interruptions. The Board meets at least once a month, as often as it deems necessary. The Chairman of the Board or in the absence of the Chairman of the Board. The agenda of each meeting shall be prepared by the Chairman and / or by the Chairman in the absence of the Chairman and shall be notified to the members of the Board. The Board shall convene with absolute majority and decisions shall be taken by the majority of the attendants. The Committee may establish commissions and working groups on the issues to be determined; half of the wages specified in the sixth paragraph shall be paid for each day of employment for those assigned to these commissions and working groups. If deemed necessary, the Board may invite the representatives of the relevant ministry and other institutions and organizations and non-governmental organizations to participate in their meetings for information. The secretariat services of the Board shall be carried out by the Ministry. Supplementary Article 3 - The duties of the Railway Accident Investigation and Investigation Board are as follows: a) To investigate and examine serious accidents occurring in the railway system in order to improve railway safety, and to make recommendations regarding safety when necessary, b) In addition, under different conditions, which may cause serious accidents or railway to investigate and examine other accidents and incidents that have a significant impact in terms of safety regulations and safety management, if necessary, and to make recommendations regarding safety, c) To report the investigation and investigation of accidents and incidents and to send them to the relevant institutions and organizations and the parties. " (8) "Main Service Units" section of the chart numbered (I) annexed to the Law No. 3348. The General Draft Law on General Draft was added to the General Directorate of 14.07.2008 20 / 38Model Transport and the following sequence numbers (7) were assigned as (8) and (9). (9) The following article has been added to come after the Annex 13 of the Highways Traffic Law No.10 dated 1983/2918/14: “Additional Article 15 - The institution or organization to which the highway is connected in order to ensure the safe flow of traffic at the intersection of the highway and the railway. and is obliged to make overpasses and to take other safety measures. As far as the road or railway traffic order is concerned, the facilities that interfere with the said passageways are removed.
CHAPTER TWO
Provisional and Final Provisions
PROVISIONAL ARTICLE 1 - (1) Operating on the date of entry into force of this Law; a) Infrastructure administrations have temporary license and temporary safety certificate, valid for five years from the date of entry into force of this Law, b) Railway enterprises and TCDD's subsidiary or subsidiaries to be established for this purpose, from the date of entry into force of this Law. it has been granted a temporary license and a temporary safety certificate for a period of five years. (2) With this infrastructure management, railway enterprises receive related licenses and safety certificates at the end of five years.
Provisional Article 2 - (1) in exchange for in this Law Turkish Lira phrase, in practice 28 / 01 / 2004 dated 5083 No. Republic of Turkey of in circulation Currency Law on accordance with the provisions in the country in the currency used this phrase as long as the so-called New Turkish Lira.
regulations
ARTICLE 47 - (1) The regulations governing the principles and procedures regarding the implementation of this Law are prepared by the Ministry within 12 months after the Law enters into force and published in the Official Gazette. General Railway Draft Law 14.07.2008 21/38
Force
Article 48 - (1) 14 th, 15 third, 16 third, the second paragraph (c), except clause 17 third, 23 third, 24 th, 25 th, 26 th, 27 th, 28 th , 29, 30, 35, 36, 41, and 42, two years after the publication of this Law, b) the fourth paragraph of the 15 clause, the third clause of the article 19, the second paragraph of the 21 clause, the second clause of the 23 the second paragraph of paragraph (c) and Article 33 third paragraph of the date on which the Republic of Turkey a full EU member, c) Other provisions of the date of publication, it enters into force.
Executive
ARTICLE 49 - (1) The provisions of this Law shall be enforced by the Council of Ministers.
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