Safety, Interoperability, Passenger Rights and Rail Regulation Page Facing the Challenge: Cleaning up the National Vehicle Rules

Page What must we comply with? Directive 2008/57/EC (Interoperability Directive):  In brief: If TSIs don’t apply, national vehicle rules do (non-TSI vehicles, open points, specific cases and derogations)  Article 27: Classify national rules pursuant to Annex VII and cooperate with the Agency in establishing a reference document cross-referencing all the national rules applied for placing vehicles in service  Annex VII section 1: Parameters for the national vehicle rules Decision 2009/965/EC (on the Reference Document):  Parameters for the cross-referencing of the national rules in the reference document  Constitute an exhaustive list of parameters to be described by rules for authorising vehicles to be placed in service (+ Draft Decision on the publication and management of the reference document as agreed in RISC October 2010)

Page The Main Challenge: Collecting and cross-referencing the rules What characterises the current Norwegian Vehicle Rules?  Spread vertically and horizontally  Not sufficiently transparent  Inherited from the good, old days when there was only one national railway company and the rules were internal  No constitutional procedure for establishing obligations for individuals The rules are mainly found:  In national secondary legislation (generic requirements)  In administrative practice (focus areas for the NSA)  In the Technical Rules from the IM (but on different levels of detail and often transposed standards) The rules have now been collected and cross-referenced in the Norwegian Reference Document

Page Cleaning up the rules: ”Target system” Those requirements are partly Directive-based, partly our own (those interests often coincide) The rules must be:  Adapted according to constitutional requirements  Clear  Transparent & user friendly  Universal  Verifiable by a Designated Body  Requirements for an authorisation for PIS

Page Now what do we do???

Page Keep your head cool!

Page The solution: Copy the relevant structure The detailed list of parameters in annex to Decision 2009/965 is the basis for the reference document The reference document lists all the relevant national vehicle rules The national reference document would be easy to fill out and update if the national vehicle rules are structured in the same way Then why not structure the national vehicle rules in the same way as the reference document???

Page Structure (outline) One short piece of secondary legislation with reference to the procedures for PIS according to the Interoperability Directivesecondary legislation Annex structured as the reference documentAnnex  National rules written in a clear language etc  Some basic parameters does not have a corresponding national vehicle rule  References to standards and TSIs whenever no specific national requirement (but checked by a Designated Body instead of a Notified Body)

Page Advantages We follow the intentions of the Directive and our own constitutional requirements for rules to be imposed on legal subjects Easy to identify the corresponding national vehicle rule to a basic parameter (same numbering) Easy to update the reference document whenever there is a changed parameter or national rule Facilitates cross acceptance