The Ministry of Transport and Infrastructure has implemented an important regulation for operators that will operate in railway transportation. With the “Regulation on Amendments to the Railway Safety Regulation”, which was published in the Official Gazette and entered into force, operators who were unable to start operating on time due to force majeure after receiving a safety certificate were given the opportunity to be given an additional period of up to 6 months.
This new regulation regulates the basic principles regarding the obtaining of safety certificates or safety authorizations by railway infrastructure and train operators and urban rail public transport operators.
Notification Obligation and Additional Time Evaluation in Force Majeure
According to the regulation that came into force, if railway train operators cannot start operating within one year after receiving their safety certificates due to force majeure reasons such as natural disaster, fire, accident, temporary closure of the relevant railway line due to maintenance, repair or modernization works, legal strike, general epidemic, partial or general mobilization declaration, they will be obliged to notify the Ministry of Transport and Infrastructure of this situation in writing.
The Ministry will carefully evaluate these requests from operators and if it deems the validity of the force majeure reasons appropriate, it may grant an additional period of up to 6 months for the start of operations. If the force majeure reason continues, the Ministry may extend this additional period. This regulation aims to prevent operators from suffering due to unforeseen negativities and to ensure the continuity of railway transportation.
