Amendment to the Regulation on Safety Critical Missions in Railway

The Regulation of the Ministry of Transport, Maritime Affairs and Communications on the Amendment of the Railway Safety Critical Duties Regulation was published in the repeated number of the Official Gazette.

REGULATION ON CHANGES IN RAILWAY SAFETY CRITICAL TASKS REGULATION

Article 1 - 31 of 12 / 2016 / 29935 dated and published in the Official Gazette No. 1 of XNUMX has been amended as follows.

. ARTICLE 1 - (1) The purpose of this Regulation is to determine the procedures and principles regarding the professional qualifications of the personnel performing safety-critical tasks in railway activities. “

ARTICLE 2 - Article 4 of the same Regulation is amended as follows.

M ARTICLE 4 - (1) In the application of this Regulation;
a) Minister: Minister of Transport, Maritime Affairs and Communications,
b) Ministry: Ministry of Transport, Maritime Affairs and Communications,
c) Certification: The activity of the personnel to be determined and documented by an independent institution or organization in writing, in accordance with a specific standard or technical regulation,
ç) Drawbars: All kinds of locomotives, automotives and train sets moving by the power produced by the engine located on it,
d) Railway infrastructure operator: Public legal entities and companies authorized by the Ministry to operate the railway infrastructure in a safe way and to offer the services of railway train operators,
e) Railway vehicles: Any means of rail or light rail systems used in passenger or cargo transportation or in the maintenance and repair of such systems, with or without the ability to act on their own driving forces,
f) Directorate General of Railway Regulatory Affairs: The Ministry's service unit responsible for carrying out the works and operations to be performed by the Ministry within the scope of this Regulation,
g) Railway training and / or examination center: The institution or institution authorized by the Ministry to provide the vocational qualifications of the personnel performing safety critical duties in the railway transportation activities, where the examinations are carried out and the certification is carried out,
ğ) Railway train operator: Public legal entities and companies authorized by the Ministry to carry cargo and / or passenger transport on the national railway infrastructure network,
h) Safety-critical tasks: The duties undertaken by the personnel working on the elements that can have a direct impact on the safety of all operators in railway transportation activities,
i) Training program: The implementation plan consisting of the qualification units where the content should be systematically instructed in order to obtain a certificate in a qualification area,
i) Safety management system: Systematic determination of measures to ensure safe operation of all operators, reduction of hazards and accidents, reduction of risks, and revision of the rules, instructions and processes accordingly.
j) Personal safety certificate: Persons who will carry out safety-critical tasks in all businesses related to railway works, are obliged to take and receive the documents that are successful in the examination to be performed or to be conducted in accordance with the regulations of the Ministry,
k) Locomotive: The rail system vehicle produced by the engine located on it, moving by the driving force and moving the vehicles connected to the front or rear by this action,
l) VQA: The Vocational Qualification Authority,
m) VQA Vocational Qualification Certificate: A certificate of professional competence approved by the VQA, expressing the knowledge, skill and competence of the individual,
n) copy of the approved personal safety certificate: the approved document issued by the company in which it works, summarizing the information in the personal safety certificate as plain text,
o) Otomotris: a rail system vehicle produced by the engine located on it, moving with the driving force, moving the towed vehicles depending on the rear and front when necessary and / or allowing the passenger or the load to be carried on at the same time,
ö) Psychotechnical assessment: To evaluate the necessary cognitive and motor characteristics by means of tests in order to demonstrate the competence of the individual in a particular job, the method of examination and evaluation designed to understand whether the individual is suitable for a particular job,
p) Psychotechnical assessment center: The psychotechnical assessment center authorized by the Ministry and / or the Ministry of Health,
r) Board of health report: Board reports prepared by fully-equipped state hospitals and state-owned university hospitals, and board reports issued by other health providers provided that they are based on emergency conditions or operations,
s) Urban rail transport operators: A city center or urban area not connected to the national railway network shall operate safely and / or passenger transports on rail systems such as subway, tramway, suburban and similar railways, public legal entities and companies,
v) TCDD: Republic of Turkey General Directorate of State Railways Administration,
t) Republic of Turkey State Railways TCDD Transportation Inc .: General Directorate of Transport Inc.,
u) Train: one or several towing vehicles and one or more towed vehicles or one or more towing vehicles.
ü) Train engineer: In a safe, comfortable and economical way, within the working time and working rules specified by the laws, occupational health and safety, environmental and quality standards, regulations qualified technical person,
v) Train set: Any passenger train consisting of one or more vehicles, fixed or pre-defined,
y) All operators: Railway infrastructure, railway train and urban rail transport operators,
z) the national railway infrastructure network: the provincial and district centers and other residential areas with ports in Turkey's borders, airports, organized industrial zones, logistics and freight centers, connecting integrated rail infrastructure network belonging to the public or company,
aa) National occupational standard: a document containing the tasks and procedures necessary for the successful execution of a profession put into effect by the FMC,
bb) National qualification: The document prepared on the basis of national occupational standards or international standards, approved by the VQA Board of Directors, used in the certification and training accreditation processes,
cc) Drugs and stimulants: Any substance that affects the central nervous system and changes the functions of the brain, causing temporary or permanent changes in perception, mood, consciousness and behavior,
accredited certification body accredited by accreditation bodies which have signed multilateral recognition agreements with the Turkish Accreditation Agency or the European Accreditation Association; Institutions and organizations authorized by MYK to carry out assessment, evaluation and certification activities according to national qualifications,
refers to ifade

ARTICLE 3 - The following clause has been added to the 5 clause of the same Regulation.
. (10) The health board report and the psychotechnical assessment report of the safety critical personnel not specified in this Regulation are subject to the health conditions and psychotechnical evaluation criteria set out in Annex-1 and Annex-2. “

ARTICLE 4 - Subparagraphs (d), (e) and (f) of the first paragraph of Article 6 of the same Regulation are amended as follows.
”D) Psychotechnical assessment report from the psychotechnical assessment center in accordance with the procedures and principles of Annex 2,“
Durumunda e) In case of occupational standard and / or national qualification, which has been put into effect by the VQA on the safety critical duty, except for the train engineer;
1) Participating in a training program at the railway training center, which provides the knowledge, skills, attitudes and behaviors related to the task, as defined in the occupational standard and / or qualification,
2) To be successful in an exam at the railway examination center, which measures the professional competence and has theoretical and practical components. X
Ası f) In case the occupational standard and / or national professional competence is not validated by the VQA,
1) To participate in the training programs designed to meet the qualifications required by the work operator,
2 15 to be successful in an examination which has the theoretical and practical components that will measure the qualifications related to the profession to be done within the principles specified in the article,
3) To be trained about the parts of the safety management system that the operator of his / her office uses.

ARTICLE 5 - Sub-paragraph (g) of the first paragraph of Article 7 of the same Regulation has been changed as follows and the following paragraph has been added to the same paragraph.
”G) Date of evaluation, duration and tests to be applied for tasks requiring psychotechnical evaluation,)
”Ğ) Devices and prostheses.“

ARTICLE 6 - The second paragraph of Article 8 of the same Regulation shall be repealed.

ARTICLE 7 - Article 14 of the same Regulation, together with the title, has been amended as follows.

Sınav Railway training and / or examination center
ARTICLE 14 - (1) In the case of safety-critical tasks, if it is an authorized certification body; individuals who will carry out these professions are required to have VQA professional qualification certificate.
(2) In the absence of an authorized certification body, the Ministry is authorized to prove the competences of individuals.
(3) In the absence of an authorized certification body, the railway training and / or examination center prepares the training programs in accordance with the relevant standards and qualifications if there is a national occupational standard and / or national qualification published in the relevant profession. Requests authorization from the Ministry to implement the training and examination program.
(4) The procedures and principles related to the competencies of the railway training and / or examination center shall be regulated by the Ministry. (

ARTICLE 8 - The first paragraph of 15 of the same Regulation is amended as follows.
Sistem (1) In the absence of a national occupational standard and / or national qualification issued by the VQA for safety critical tasks, all operators shall be in the safety management system; is responsible for giving or giving trainings to the staff in order to provide sufficient and safe working skills related to the task and to make or take a theoretical and practical examination. li

ARTICLE 9 - The provisional 4 of the same Regulation, together with its title, has been amended as follows.
“Psychotechnical controls

PROVISIONAL ARTICLE 4 - (1) TCDD and TCDD Transportation Inc. and other railway operators conduct psychotechnical assessment of personnel working in safety-critical positions until the authorization of psychotechnical assessment centers. demiryolu

ARTICLE 10 - The second paragraph of the section entitled “Sample safety critical tasks in Group A ikinci in Annex-1 of the same Regulation is amended as follows.
Ler Safety critical personnel working in these tasks;
In case the VQA has periodical notifications in the published national qualifications of these professions, the requirements of the VQA shall be complied with. If not, 5 receives a health board report for health check-ups at 3 annually, forty-five-fifty-five-year-old XNUMX once a year and forty-five-year-olds every two years after fifty-five years.

ARTICLE 11 - The phrase ın kataner ”in the first paragraph of the“ exemplary safety critical tasks in group B şekil in Annex-1 of the same regulation shall be replaced by the örnek catenary unda and the second paragraph shall be amended as follows: ğin orthopedics and traumatology N. inde they work in these tasks “followed by line 18. However, it has been changed to Ancak.
Ler Safety critical personnel working in these tasks;
In case the VQA has periodical notifications in the published national qualifications of these professions, the requirements of the VQA shall be complied with. If not, 5 receives a health board report for health check-ups at 3 annually, forty-five-fifty-five-year-old XNUMX once a year and forty-five-year-olds every two years after fifty-five years.

ARTICLE 12 - Annex-2 of the same Regulation is amended as attached.

ARTICLE 13 - The 3 third and 4 line of the table in Annex-8 of the same Regulation have been modified as follows.

Araç Conducting all kinds of communication related to the control of the movements of railway vehicles with telecommunication vehicles “
Ina Energizing and cutting catenary lines and signaling systems “

ARTICLE 14 - This Regulation shall enter into force on the date of its publication.

ARTICLE 15 - The provisions of this Regulation shall be executed by the Minister of Transport, Maritime Affairs and Communications.

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