Draft Law on General Railway
14.07.200 8 1 / 38
MIR CONCENTRATION OF THE PURPOSE
Purpose, Scope, Definition and Abbreviations Purpose
ARTICLE 1 - (1) The purpose of this Law is; to provide the rail services with high quality, continuous, safe and reasonable prices to the users in the framework of competitive principles, to provide a strong, stable and transparent structure by liberalizing the sector and to ensure independent regulation and inspection.
ARTICLE 2 - (1) This Law; This standard covers railways except for urban rail systems that are not connected to the national railway network and railways in the mine and factory sites.
Definitions and abbreviations
ARTICLE 3 - (1) Terms and abbreviations 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,
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.
Railway Security Authority
ARTICLE 4 - (1) The Railway Safety Authority is established in order to establish and supervise the general structure regulating the railway safety, and to issue licenses and relevant safety documents for railway enterprises and infrastructure management. Railway Competition
ARTICLE 5 - (1) To regulate and control the free, transparent and non-discriminatory access to the railway market and to establish disputes between the railway undertakings and the infrastructure management, the Railway Competition Regulatory Authority shall be set up independently of the Railway Safety Authority. (2) Personnel assigned to the Railway Competition Regulatory Authority shall not be assigned any other duty which may lead to a conflict of interest related to a duty or field of activity relating to the issuance of a license, safety certificate and safety certificate.
Railway Accident Investigation and Investigation Board
ARTICLE 6 - (1) For the purpose of improving the railway safety, a Railway Accident Investigation and Inspection Board is established, which is independent from railway undertakings and infrastructure management, in order to investigate, investigate and advise on the safety of incidents. (2) The Council functioned independently from the Railway Safety Authority. Draft of General Railway 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 State to perform the following:
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 management; In its functions related to infrastructure allocation and remuneration, it operates independently of all railway enterprises in terms of legal structure, organization and decision making functions. (2) To meet these requirements;
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) In the accounting records of the railway undertakings operating in relation to the provision of freight transportation and passenger transportation services, these operating areas are separated. The benefits received for public service obligations are also shown in the accounts and may not be used for any other purpose.
Safety Safety policy and safety rules
ARTICLE 10 - (1) The Railway Safety Authority shall establish, monitor, promote, improve and implement the overall safety structure, including interoperability technical specifications, national safety rules and rail transport of dangerous goods. (2) In order to fulfill the duties given to the Railway Safety Authority; Draft of General Railway 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 and operate the trains in a safe and appropriate manner, to check the risks associated with it, in particular to use towed vehicles put into service according to the relevant rules and to supervise that personnel carrying out safety-related duties have the relevant requirements.
Safety requirements of infrastructure management
ARTICLE 12 - (1) Infrastructure management is obliged to operate the infrastructure in a safe and appropriate manner and to control the risks associated with it, to use the infrastructure put into service according to the relevant rules and to supervise that the personnel carrying out the safety-related duties have the relevant requirements.
ARTICLE 13 - (1) Railway operators and infrastructure management continuously improves the safety of infrastructure and pull-pull vehicles in reasonable and applicable situations. (2) In the safety improvement works, railway enterprises and infrastructure management prioritize the prevention of serious accidents.
Safety management systems
ARTICLE 14 - (1) Railway operators and infrastructure management establishes their own safety management systems to ensure that the railway system meets the general objectives of the General Railway Law 14.07.2008 7 / 38 safety objectives. (2) In safety management systems, it is ensured that the risks related to the activities of the railway enterprises and infrastructure administrations are checked, including the risks arising from the activities of third parties in appropriate and reasonable situations.
ARTICLE 15 - (1) Railway enterprises and infrastructure management shall submit to the Railway Safety Authority the annual safety reports for the previous calendar year up to 30 of June at the latest. (2) Safety report includes:
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 Safety Authority upon the request of the infrastructure management and / or the operation of the railway. (2) The commissioning of the infrastructure and vehicles not covered by the technical specifications of mutual operability shall be decided according to the national safety rules. (3) Procedures and principles regarding the commissioning of infrastructure and towing vehicles are regulated by regulation.
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 regulation. Draft of General Railway Law 14.07.2008 8 / 38
Investigation and Investigation of Incidents with Railway Accidents Investigation and Investigation of Accidents with Accidents
ARTICLE 18 - (1) The Board for Accident Investigation and Inspection shall decide on the investigation and investigation of accidents or incidents, taking into account the following matters;
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 Investigation and Investigation Board as soon as possible by the railway operations, infrastructure management and, if necessary, by the Railway Safety Authority. (2) After completing the investigation and investigation about the accident or incident, a report is prepared by the Railway Accident Research and Inspection Board in accordance with the nature of the accident findings, the type and severity of the accident. The report specifies the purpose of the investigation and examination and, if necessary, recommendations on safety. The report is sent to related parties and institutions. Draft Law on General Railway The 14.07.2008 9 / 38 (3) Board for Accident Investigation and Inspection reports to the European Railway Agency within seven days the decision to start investigations and investigations of railway accidents and incidents.
ARTICLE 20 - (1) Railway enterprises and infrastructure management shall inform the Railway Accident Investigation and Inspection Board of the measures taken or planned in accordance with the safety recommendations. (2) Railway Accident Investigation and Review Committee with other agencies or organizations in Turkey in case of a dispute over safety recommendations, data Railway Safety Authority decision on measures to be taken.
Accident Investigation Annual Report
ARTICLE 21 - (1) The Railway Accident Investigation Board publishes an annual report of up to the 30 of September every year, including the previous year's surveys and investigations, safety recommendations and measures taken for previous safety recommendations. (2) The Railway Accident Investigation Board sends a copy of the annual report to the European Railway Agency.
Access to Infrastructure Regulation of competition
ARTICLE 22 - (1) The Railway Competition Regulatory Authority shall make arrangements to ensure fair competition in railway infrastructure and to ensure fair competition in railway infrastructure and to monitor the applications. (2) Observes that the conditions of access to infrastructure are applied equally, fairly and unequivocally to railway enterprises. It monitors the transparency and impartiality of the application process. (3) Eliminates any disputes between infrastructure management and railway undertakings in the following areas; a) Network notification, b) Implementation of criteria included in the network notification, c) Capacity allocation method and results, d) Pricing plan, d) Amount and scope of infrastructure usage fees. (4) The Railway Competition Regulatory Authority shall take immediate action in the event of complaint and all General Railway Draft Bill 14.07.2008 10 / 38 shall make the decision of the parties concerned for a maximum of two months from the date of receipt of the information.
Access rights to infrastructure
ARTICLE 23 - (1) Public and private railway undertakings established in accordance with Turkish legislation shall be granted access to railway infrastructure. (2) The right of access to the railway enterprises other than these shall be given as follows: a) Access to international transport to the railway enterprises and international groups of the EU Member States shall be granted. 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) The railway operators of the EU Member States are granted equal access to the infrastructure for all types of freight transport services in the entire network. (3) in Turkey with a rail to rail 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 related to infrastructure access are regulated by regulation.
ARTICLE 24- (1) Infrastructure administrations are obliged to provide line access to service facilities with fair and non-discriminatory service to the railway enterprises.
ARTICLE 25 - (1) Infrastructure management prepares a network notification. The network notification is changed as necessary and kept up to date. (2) Network notification is submitted to the Railway Competition Regulatory Authority one month before publication.
ARTICLE 26 - (1) Infrastructure management determines the cost of services offered to railway enterprises. (2) Infrastructure fee is determined by taking into consideration the direct cost of the operation of the trains. (3) The basic rules for infrastructure charging and details of the infrastructure fees are published in the General Guidelines for General Railway Law 14.07.2008 11 / 38.
ARTICLE 27 - (1) Infrastructure capacity shall be allocated by the infrastructure management for a period of operation and shall not be transferred to another entity after the allocation to the applicant. Framework agreements ARTICLE 28 - (1) Infrastructure management may conclude a framework agreement with the applicant in relation to the use of infrastructure for periods exceeding one working period. This agreement specifies the requested and submitted capacity without specifying the details of the train routes. (2) The framework agreement is made for a maximum period of ten years. (3) Framework agreements may be made for 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 therewith. (4) Framework agreements are not made to prevent the use of infrastructure and services by other applicants.
ARTICLE 29 - (1) In case infrastructure demands cannot be met sufficiently, it is announced without delay that this line section where the supply can not meet the demand by the infrastructure management is congested. This is also done for line segments where infrastructure capacity is predicted to be insufficient in the near future. (2) In case of blocked infrastructure, the measures to be taken shall be determined by regulation.
Specially allocated infrastructure
ARTICLE 30 - (1) In case of appropriate routes, infrastructure administrations may allocate a specific infrastructure to the use of a particular type of traffic after receiving the opinion of the interested parties and the approval of the Railway Competition Regulatory Authority. (2) In case of free capacity, the allocation of the specially allocated infrastructure section to other types of traffic is also permitted. However, priority is given to the type of traffic that is specially allocated for the allocation of infrastructure capacity.
Temporary shutdown of infrastructure
ARTICLE 31 - (1) In exceptional and compulsory cases, the infrastructure of the infrastructure may be temporarily closed to the traffic without warning by the infrastructure management for the period required to normalize the railway system. (2) Railway enterprises are informed of the situation as soon as possible. Draft of General Railway Law 14.07.2008 12 / 38
ARTICLE 32 - (1) The railway operations and infrastructure management that apply to provide railway transportation services are licensed by the Rail Safety Authority. (2) The following conditions are required for license granting.
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 shall establish provisions for regular inspections of at least five years in order to verify that railway undertakings or infrastructures continue to meet the requirements for licensing. (2) In the event of serious doubts that a license holder or infrastructure management is not fulfilling the necessary requirements, the Railway Safety Authority shall check whether the license conditions are actually met. If it is determined that the conditions are no longer fulfilled, the reasons for the decision shall be specified and the use of such license shall be temporarily suspended or canceled. (3) Licenses issued to railway operators, amendments made to these licenses and the cancellation or rejection of such licenses shall be notified to the EU Commission immediately. (4) The procedures and principles related to licenses are regulated by 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 the event of serious doubts that the requirements for the license have not been met, the Railway Safety Authority shall inform the licensee of the relevant Member State. Draft of General Railway Law 14.07.2008 13 / 38
Safety Certificate and Safety Certificate
ARTICLE 35 - (1) Safety certificate shall be issued by the Railway Safety Authority to demonstrate that the railway operation has established its own safety management system to ensure that it operates safely on the relevant network and meets the requirements related to the relevant safety standards and safety rules. (2) This safety certificate may cover the whole or part of the railway network. (3) The Railway Safety Authority shall make a decision regarding the safety certificate application not exceeding four months from the date of the submission of all relevant information by the railway operator. This decision shall be notified to the relevant railway operator. (4) The safety certificate is updated in whole or in part before any activity change, which is not covered by the safety certificate or which may lead to additional risks. (5) When the Railway Safety Authority determines that the safety conditions are not fulfilled, it also explains the reasoning of the decision, a) Parts of the safety management system regarding the acceptance and / or b) the sections of the railway operator regarding the adoption of the provisions adopted to ensure safe operation on the relevant network. (6) In case the safety certificate is determined not to be used by the railway company until the end of the calendar year after receipt, the safety certificate is canceled. (7) Safety certificate is valid for five years. (8) The principles and procedures for the issuance of safety certificates are regulated by a regulation.
Authorization of infrastructure management for security
ARTICLE 36 - (1) To ensure the safe management and operation of the railway infrastructure, it has established its own safety management system, and it is granted a safety authorization certificate from the Railway Safety Authority to show that it meets the requirements related to the relevant safety standards and safety rules. Draft Law on General Railway 14.07.2008 14 / 38 (2) The Railway Safety Authority decides on the issue of the application for safety certificate not exceeding four months from the submission of all relevant information by the infrastructure management. This decision shall be notified to the relevant infrastructure management. (3) In the infrastructure, when a significant change is made in the maintenance and operation principles of the infrastructure, the safety authorization document is updated partially or fully. The owner of the safety certificate informs the Railway Safety Authority of any such changes without delay. (4) If the Railway Safety Authority determines that it has lost the conditions for the authorization of the infrastructure management, it cancels the safety certificate by stating the reasons for its decision. (5) Safety certificate is valid for five years. (6) The rules and procedures regarding the issuance of the safety certificates are regulated by a regulation.
Public Infrastructure Obligations Infrastructure investments
ARTICLE 37 - (1) The construction costs of the railways, including expropriations, which are included in the investment program of public infrastructure management and which are to be constructed or improved by the state shall be borne by the Treasury. (2) Source transfer is made at the beginning of the fiscal year. (3) for these types of projects in the investment program will provide financing of any external financing sources as the borrower of the Republic of Turkey, budget revenues and expenses are allocated associating with unrequited. The provisions of the fifth and sixth paragraphs of the 28 article 3 / 2002 / 4749 on the loans to be provided pursuant to this article shall not apply to public administrations in the annex (I) of the 14 / 10 / 12 dated and 2003 numbered Law.
Infrastructure maintenance and repair
ARTICLE 38 - (1) The annual infrastructure maintenance and repair costs of the railways of public infrastructure management; the amount of infrastructure usage fees to be collected from the railway undertakings shall be met by the Treasury within the year in which it belongs to the state in accordance with the following procedures and principles: a) the state contribution for railway maintenance and repair expenditures in the annual operating budget prepared by the infrastructure management; it will be paid as an allowance to the Ministry's budget and will be paid as advance payment in the financial year. Draft of General Railway Law 14.07.2008 15 / 38b) The difference between the total amount of expenditure made by the end of the year and the amount paid by the Ministry as an advance to the infrastructure is deducted within the first two months after the approval of the balance sheet of that year. c) State contribution to the annual road maintenance and repair costs shall be taken into the operating income of the infrastructure management as contribution to the infrastructure operation cost.
Continuous shutdown of railway infrastructure or reduction of capacity
ARTICLE 39 - (1) Public infrastructure management announces its intention to close a line or a station or reduce the capacity of a line to be less than thirty percent at least one year before the planned closing or capacity reduction date and informs the Ministry. (2) The transfer of the operation of the line planned to shut down or capacity reduction to third parties is investigated. In case of failure of the works, the public infrastructure management shall apply to the Ministry together with its justifications. (3) The Ministry shall make a decision within three months of the date of receipt of the application for the closure or capacity reduction. In case of rejection of closing or capacity reduction, the costs related to the operation of the line shall be covered by the Ministry budget.
Public Service Obligations
ARTICLE 40 - (1) The requirements of railway passenger transport within the scope of public service obligation are determined by the Ministry. (2) Public service obligations are realized by contracting between the Ministry and the railway enterprises. In these contracts, the obligations to be fulfilled and line segments are clearly defined. In addition, the basic principles of how to pay the share of the ticket revenue and how to pay. (3) Public service contracts can be made for a maximum period of fifteen years. However, in the case of public interest, this period can be increased up to fifty percent. (4) The appropriation required for public service obligations is placed in the budget of the Ministry. (5) Procedures and principles related to public service obligations and contracts are regulated by regulation.
Fees, Sanctions and Insurance Fees
ARTICLE 41 - (1) The issuance and renewal of licenses, safety certificates, safety certificates and other documents of the General Railway Draft Bill 14.07.2008 16 / 38 is subject to a fee. (2) The procedures and principles to be determined by taking into consideration the financial burden of the fees, the issuance or renewal of said documents shall be regulated by a regulation.
ARTICLE 42 - (1) In case of violation of the provisions of this article, the following administrative fines shall be imposed by the Railway Safety Authority: a) violations to be imposed on administrative fine between two hundred and five thousand Turkish Liras and five thousand Turkish Liras; 1) Operate the train without a valid license or operate the infrastructure, 2) Operate the train without a valid safety certificate or operate the infrastructure without a valid safety certificate. b) infringements to be imposed as a fine between administrative and administrative measures of a fine of three hundred and ten thousand Turkish Liras; 1) Violations of licenses, safety certificates or the terms of the safety certificate, 2) Violation of the terms of other authorizations, 3) Failure to comply with the rules of safety, However, the administrative fine to be applied in the event of a serious accident may be increased up to ten times. 4) Violation of the investigation and investigation conditions of accidents and incidents.
ARTICLE 43 - (1) Infrastructure management and railway undertakings, insurance of passengers, transported baggage, postage and cargo and third parties to insure damages to be incurred. (2) The railway operators engaged in passenger transportation shall be obliged to take seat personal accident insurance for the passengers they carry within the scope of intercity passenger transportation. (3) In terms of insurance branches, general conditions and tariffs and instructions are determined by the Minister to whom the Undersecretariat of Treasury is attached.
ARTICLE 44 - (1) Railway statistics are maintained by the Railway Safety Authority in order to evaluate the structure and development of railway transportation. Railway enterprises and General Railway Draft Bill 14.07.2008 17 / 38 The infrastructure management is obliged to provide the necessary data. (2) Procedures and principles related to railway statistics are regulated by regulation.
Updating monetary limits
ARTICLE 45 - (1) The monetary limits specified in this Law shall be updated by the Ministry annually by 1 January, based on the revaluation rate of the previous year published by the Ministry of Finance. However, the amounts under a Turkish Lira are not taken into account in the update. (2) The Council of Ministers shall be authorized to increase the monetary limits specified in this Law not exceeding one hundred percent or to deduct not exceeding fifty percent.
Changed and added provisions
ARTICLE 46 - (1) 9 / 4 1987 numbered Ministry of Transport and Organization of the Law on the Organization and Duties of the kil (f) X (f) General Directorate of Rail Transport / has been added to the item and the following paragraphs (g), (h) and (i) It was placed as a subdivision. (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 following the 3348 article of the Law No. 13: edil Article 13 / A - The duties of the General Directorate of Rail Transport are as follows: 1) To carry out the railway transportation in accordance with the economic, technical, social and national security needs and objectives, and to take measures to adapt these services to other transportation services, General Draft Law on Rail (14.07.2008 18 / 382) work on international level, to follow technological and economic developments and to develop appropriate strategies and solutions, b) as Railway Safety Authority; 1) To take necessary precautions to provide safe and quality service in railway transportation, 2) To establish and supervise the general structure regulating railway safety, 3) To regulate the qualification requirements of the railway enterprises and infrastructure management that will operate, and to issue and inspect the license and safety certificate when necessary, 4 ) To authorize the commissioning of the railway infrastructure, to check that it is properly operated and maintained, 5) To authorize the commissioning of railway vehicles, to keep records of the records, to check that they are properly operated and maintained, 6 to determine the principles regarding the safety, maintenance and repair works of the operational phase of the rail systems, and take the necessary measures, c) Edit the Railway Competition me as the Authority; 1) To make arrangements to ensure free, transparent and non-discriminatory access to the railway market and to supervise the implementation. (2) The following articles are added following the annex 7 of the Law No. 3348: ini Supplementary Article 1 - Railway Accident Investigation and Inspection Board within the Ministry to investigate, investigate and provide safety advice if necessary to improve railway safety. 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. Additional Article 3 - The duties of the Railway Accident Investigation and Review Board are as follows: a) To investigate, to examine and to make recommendations on safety when necessary with serious accidents occurring in the railway system in order to improve the railway safety, b) In addition, it may cause serious accidents under different conditions or (c) Investigating, investigating and advising on safety, if necessary, investigating and investigating other accidents and incidents that have a significant impact in terms of safety regulations and safety management; c) Reporting the investigation and investigation of accidents and incidents and sending them to the relevant institutions and organizations. (8) The “Main Service Units c section of the Table (I) is attached to the“ 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) 13 / 10 1983 2918 14 15 XNUMX XNUMX XNUMX XNUMX XNUMX XNUMX - XNUMX XNUMX and to make overpasses and other safety measures. As far as the road or railway traffic order is concerned, the facilities that interfere with the said passageways are removed. The technical characteristics of the passages to be made, the type of passage and the technical characteristics of the passages shall be determined in the regulation. UM (10) 2 / 11 dated and 1984 3065
The following has been added to come after: mes g) The goods, delivery and services related to the construction, improvement, maintenance, repair and operation of this infrastructure to the taxpayers whose construction, improvement, maintenance, repair and operation of the infrastructure is partially or completely. sonra
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.
ARTICLE 47 - (1) The regulations regulating the principles and procedures regarding the implementation of this Law shall be prepared by the Ministry within 12 months after the entry into force of the Law and shall be published in the Official Gazette. Draft of General Railway Law 14.07.2008 21 / 38
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.
ARTICLE 49 - (1) The provisions of this Law shall be enforced by the Council of Ministers.