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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 11, 2013 No. 494

About approval of the Technical regulation of safety of infrastructure of rail transport

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 13.01.2016 No. 8)

According to article 14 of the Law of Ukraine "About standards, technical regulations and assessment procedures of compliance" the Cabinet of Ministers of Ukraine decides:

1. Approve the Technical regulation of safety of infrastructure of rail transport and the actions plan on its application which are attached.

2. To provide to the ministry of infrastructure application of the Technical regulation approved by this resolution.

3. This resolution becomes effective in six months from the date of publication.

Prime Minister of Ukraine

N. Azarov

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 11, 2013, No. 494

Technical regulation of safety of infrastructure of rail transport

General part

1. This Technical regulation determines the main requirements to elements of infrastructure of rail transport during its designing, production, construction, mounting, adjustment, operation, and also assessment procedure of compliance to requirements of this Technical regulation and is developed taking into account requirements:

Directives of the European Parliament and Council 2001/14/EU of February 26, 2001 about distribution of throughput possibility of railway infrastructure, collection of usage charge fees railway infrastructure and certifications on compliance to safety requirements;

Directives of the European Parliament and Council 2004/49/EU of April 29, 2004 about safety of the railroads in the Commonwealth which makes changes to the Directive of Council 96/18/EU about licensing of the companies of rail transport and the Directive 2001/14/EU on distribution of capacities of railway infrastructures and collection of payments for use of railway infrastructure and on safety certification;

Directives of the European Parliament and Council 2008/57/EU of June 17, 2008 concerning interoperability within the Commonwealth (modifed).

2. In this Technical regulation terms are used in such value:

1) safety of rail transport - condition in case of which safety of life and human health in case of their transportation by railway transport is ensured and environment protection;

2) elements of infrastructure of rail transport (infrastructure elements are farther) - separate infrastructure facilities of rail transport and their complexes;

3) infrastructure of rail transport - the technological complex which includes railway tracks public (including sidings), engineering constructions (bridges, tunnels, viaducts and so forth), power networks, transformer stations and other devices of technological electric utility service, contact network, alarm installations, centralization, blocking, communication and telecommunications, information complexes and traffic control systems of trains, ways of access for passengers and loads to infrastructure elements, protective afforestations, rail and car repair sheds, Items of maintenance of cars, stations, and also other buildings, constructions, devices and the equipment which provide functioning of such complex and are used for provision of services on public conveyance and loads by rail.

The railway infrastructure which is owned by the subject of managing is not part of infrastructure of rail transport and uses it only for own requirements and at which the railway vehicles of rail transport which do not have the right of exit to infrastructure of rail transport work;

4) the operator of infrastructure of rail transport (the operator is farther) - subject of managing which owns infrastructure of rail transport or leases it and provides services in use of the specified infrastructure in the address of any person based on the public agreement;

5) services in use of infrastructure of rail transport - activities of the operator for accomplishment of separate transactions, works, processes which are connected with public conveyance and loads and content of infrastructure of rail transport in proper technical condition;

6) the safety certificate - the document which certifies that the operator ensures safety during provision of services on public conveyance and loads according to safety management system;

7) safety management system - complex of the technical, technological, qualification and organizational actions provided by the regulating document accepted by the operator and aimed at providing safe public conveyance and loads by rail;

8) railway tracks of uncommon use - railway tracks of subjects of managing which are used for provision of services of rail transport and for own needs.

Other terms are used in the value given in the Laws of Ukraine "About transport", "About rail transport", "About standardization", "About confirmation of conformity", "About standards, technical regulations and assessment procedures of compliance", "About accreditation of conformity assessment bodies", "About consumer protection", "On regulation of town-planning activities".

3. Infrastructure of rail transport shall have the corresponding technical, technological, organizational, qualification support.

4. Components of technical supply of infrastructure of rail transport are railway tracks, buildings of production assignment (stations, Items of ekipirovaniye, workshop and other production rooms with technological equipment), constructions (bridges, tunnels, platforms and other constructions), the equipment, devices, the equipment, technical means, component parts and spare parts and the software necessary for ensuring public conveyance and loads and content of infrastructure of rail transport in proper technical condition.

5. Components of technological support of infrastructure of rail transport are documents which determine procedure for designing, production, construction, mounting, adjustment, operation of the specified infrastructure.

6. Components of organizational support of infrastructure of rail transport is documentation concerning the organization of work of divisions for operation of the specified infrastructure which is taken over according to the legislation.

7. Components of qualification providing infrastructure of rail transport are actions for completing of the staff of the railway companies by specialists of the corresponding qualification, system of advanced training, special training in questions of labor protection, flammability control, rules of transportation of dangerous goods, operational regulations of rail transport and other normative legal acts which regulate question of the organization of work and content of infrastructure of rail transport.

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