DRAFT

ACT

of...... 2002

on Rail Transport

Chapter 1

General provisions

Art. 1.

This Act regulates the principles and conditions for using, managing and maintaining the rail infrastructure and for providing rail transport.

Art. 2.

The provisions of the Act apply to underground railways, except for chapters 2, 5, 6, 7, 8, 9, 10, 12 and art. 12 par. 1 of chapter 3. They also apply to railway sidings, except for chapters 6, 7, 8 and 10.

Art. 3.

The provisions of the Act do not apply to the following forms of transport:

1)Trams,

2)Internal factory transport,

3)Cable car and funicular railways.

Art. 4.

The terms used in the Act shall have the following meanings:

1)Rail infrastructure - railway lines and other constructions, equipment and buildings, together with the evidentiary plots of land they occupy, intended to service the transport of persons and goods, provide rail traffic, and maintain the fixed assets necessary for this purpose,

2)Railway line – railway tracks and other constructions, buildings and equipment, together with the evidentiary plots of land they occupy, intended to provide rail traffic and move rolling stock,

3)Rail network – a system of interconnected railway lines,

4)Railway line sector – part of a railway line between junctions, or between the beginning and end of the line and the nearest junction,

5)Railway vehicle – a vehicle constructed to move along railway lines by means of its own wheels,

6)Railway wagon – a railway vehicle without its own propulsion,

7)Locomotive – a railway vehicle with its own propulsion and equipment to control its movement; or, if containing added space for passenger traffic – a passenger traction unit,

8)Train – a marked unit of railway vehicles consisting of at least one locomotive and at least one wagon or without it, or a passenger traction unit,

9)Railway station – part of a railway line comprising an arrangement of tracks, with at least one main principal track and one main side track, together with constructions, buildings and equipment and the evidentiary plots of land they occupy,

10)Railway land – an area, marked with evidentiary plots of land, on which are situated railway lines and other constructions, buildings and equipment intended to manage, operate and maintain railway lines and service the transport of persons and goods,

11)Infrastructure administrator – an entrepreneur who is engaged in business involving management over the rail infrastructure and, in particular, its construction and maintaining, as well as providing rail traffic,

12)Rail operator – an entrepreneur who possesses railway vehicles, authorised to provide rail transport on the basis of a licence,

13)Railway siding – the rail infrastructure employed by a user to load and unload wagons, move them, and introduce them to traffic along the rail network,

14)Train route – a diagram of train movements along a railway line sector, defining its location along this sector at any particular time,

15)Capacity of a railway line sector – the maximum number of train routes that can be accommodated along a given railway line sector in any 24-hour period,

16)Type of railway vehicle – railway vehicles with the same or slightly different but mutually interchangeable construction solutions,

17)Type of rail infrastructure equipment – repeatable parts of the rail infrastructure with the same or slightly different but mutually interchangeable construction solutions,

18)Railway vehicle type approval certificate – a document authorising the operation of a given type of vehicle in rail traffic,

19)Approval certificate for operating types of buildings and equipment used to provide rail services - a document authorising the operation of a given type of building and equipment for rail services,

20)Technical certificate – a document issued by an operator, rail infrastructure administrator or railway siding owner, or by their authorised representative, certifying that a railway vehicle is technically efficient,

21)Public service duty – an operator’s duty to provide rail traffic with a specified frequency, for a specified price and along a specified route, which traffic he would otherwise not provide on such a scale or under such conditions on account of commercial interests,

22)Regional passenger traffic – rail passenger traffic within a single voivodship or with a neighbouring voivodship,

23)Qualified passenger traffic – traffic provided in intervoivodship connections by trains in which compulsory seat reservation applies,

24)Technical travel – a journey performed by a rail infrastructure administrator for the purpose of servicing and maintaining this infrastructure or repairing a fault,

25)Timetable – a description of train movements, together with all terms and conditions and information required to organise and perform them,

26)Framework agreement – an agreement concluded between an operator and a rail infrastructure administrator in order to reserve the capacity of railway lines for a period of more than one year, without specifying exact train routes,

27)Overfull railway line – a railway line in which the required quantity of routes exceeds its capacity,

28)Plan to increase capacity – an intention to ease the capacity limitations on an overfull railway line,

29)International rail traffic – the transport of persons and goods along railway lines in trains that cross at least one national border,

30)Internal factory transport – transport that is part of a factory’s manufacturing process, not provided by a rail operator and without the use of railway vehicles belonging to him,

31)Rail entrepreneur – an entrepreneur who maintains the rail infrastructure on the basis of an agreement concluded with the infrastructure administrator.

Chapter 2

Rail infrastructure

Art. 5.

  1. Administration of the rail infrastructure involves:

1)Building and maintaining the infrastructure,

2)Providing train services along the administered lines,

3)Maintaining the infrastructure in a condition that ensures safe rail traffic,

4)Providing routes for train services along railway lines and providing associated services,

5)Administering the real estate occupied by this infrastructure.

  1. The rail infrastructure is administered and its development and modernisation is ensured by a rail infrastructure administrator, hereinafter called the “administrator.”
  2. The Council of Ministers shall establish by way of an ordinance the principles of cooperation between the minister responsible for national defence on the one hand, and administrator and rail operators on the other, on adapting the rail infrastructure to the requirements of national defence.
  3. The administrator is not entitled to provide rail traffic, except for the technical travel carried out for his own needs, but subject to par. 5,
  4. After seeking the opinion of the Chairman of the Office for the Protection of Competition and Consumers, the minister responsible for transport may, by way of an administrative decision, permit the administrator to:

1)Provide passenger traffic, provided that separate accounting records are kept for each of the activities named,

2)Provide passenger traffic, without the need to keep separate accounting records, on an organisationally independent railway line, provided that this line is not made available to rail operators,

  1. In the event of a threat to the safety of traffic or to the transport of persons and goods, the administrator is obliged to eliminate this threat, which may include stopping or restricting traffic along the whole of or part of the railway line.

Art. 6.

  1. Railway lines are divided into:

1)Lines of national importance,

2)Other lines.

  1. The Council of Ministers shall issue, by way of an ordinance, a list of railway lines that possess national importance, including those that are only important for defence, taking into account the scope of international agreements and economic, social and environmental requirements.

Art. 7.

  1. Railway lines administered by different administrators are linked on the basis of agreements concluded between them.
  2. The linking of railway lines must not violate traffic safety and the safe transport of persons and goods.
  3. The minister responsible for transport may, by way of an administrative decision, obligate administrators to link railway lines if this is necessitated by defence considerations or other important state considerations, provided that the necessary funds are guaranteed to establish, operate and maintain such a link.

Art. 8.

The land occupied by the rail infrastructure is exempt from perpetual usufruct charges.

Art. 9.

  1. The closure of a railway line or a sector thereof is performed by the administrator under the terms set forth in par. 2-6.
  2. If, after considering applications for the granting of routes under the procedure set forth in art. 29, the administrator determines that there are insufficient revenues to cover the cost of providing an infrastructure along these routes, he shall:

1)Inform the relevant operators of the intended closure of a railway line or sector thereof as of the next timetable, if an examination of the applications for the granting of routes leads to the conclusion that the line or sector is unprofitable,

2)Report the intended closure to the marshals of the voivodship parliaments (“sejmiki”) in which railway the line or sector is located,

3)Apply to the minister responsible for transport for approval to close the railway line or sector.

  1. The closure of a railway line or sector which possesses national importance for defence considerations may occur only with the approval of the Minister of National Defence.
  2. Closure proceedings may be halted if the relevant marshal of the voivodship parliament:

1)Ensures sufficient funds to cover the costs not covered by revenues from the release of a railway line or sector to rail operators,

2)Concludes an agreement on accepting administration over a railway line or sector for the purpose of continued operation,

3)Joins a regional rail transport company which will acquire, as a non-cash contribution, the railway line or sector earmarked for closure for the purpose of continued operation.

  1. If the closure of the railway line or sector is not halted under the procedure discussed in par. 4, approval for the closure of the railway line or sector shall be issued within three months of the receipt of the application discussed in par. 2 point 3 by the following:

1)In the case of railway lines or sectors of national importance – the Council of Ministers, by way of ordinance,

2)In the case of other railway lines or sectors, the minister responsible for transport, by way of a decision.

  1. If revenues from the sale of the land and fixed assets belonging to the closed railway line or sectors discussed in par. 5 are less than the costs of closure, the difference shall be borne by the state budget.
  2. The amount of budget funds available in a given year for the closure of the lines or sectors discussed in par. 6 is set forth in the budget law.

Chapter 3

Regulation of and technical supervision over

railway line operation and the safety of rail traffic

Art. 10.

The central government administrative authority responsible for regulating rail transport, technical supervision over the operation and maintenance of railway lines and vehicles, and the safety of rail traffic is the Chairman of the Office of Rail Transport, hereinafter called the “Chairman of the ORT.”

Art. 11.

  1. The Chairman of the ORT is appointed for a period of 5 years, and is dismissed by the Chairman of the Council of Ministers at the motion of the minister responsible for transport.
  2. The Chairman of the ORT is supervised by the minister responsible for transport.
  3. The deputy chairman of the Office of Rail Transport is appointed and dismissed by the minister responsible for transport, at the motion of the Chairman of the ORT.
  4. The Chairman of the ORT performs his duties with the help of the Office for Rail Transport, hereinafter called the “Office.”
  5. The Office is composed of field units called district offices of rail transport.
  6. By way of an ordinance, the minister responsible for transport imparts a statute, defining the organisation of the Office, including the location of field units.
  7. The detailed organisation of the Office and the distribution of tasks therein are determined by the Chairman of the ORT in organisational regulations.

Art. 12.

  1. The duties of the Chairman of the ORT regarding the regulation of rail transport include the following in particular:

1)Ensuring that rail operators have equal access to the rail infrastructure,

2)Ensuring that all rail operators receive equal treatment from administrators, especially with respect to the consideration of applications for the granting of rail routes and the calculation of charges,

3)Ensuring that the administrator sets correct charges for the use of the infrastructure and for the provision of additional and auxiliary services,

4)Considering, by way of an administrative decision, complaints from rail operators with respect to:

a)The regulations discussed in art. 31,

b)The distribution of routes and the use of the rail infrastructure,

5)Monitoring negotiations in the case of disputes between an administrator and rail operators,

6)Gathering and examining information on the rail transport market,

7)Cooperating with the relevant authorities in:

a)Counteracting monopolistic practices by administrators and rail operators,

b)Coordinating the operation of the rail transport market.

8)Ensuring that the licensed rail operators comply with the terms and conditions for the issue of a licence and with the terms and conditions of the issued licence.

  1. The duties of the Chairman of the ORT regarding technical supervision over the operation of railway lines and the safety of rail traffic include the following in particular:

1)Issuing safety certificates and keeping a register of these certificates,

2)Issuing type approval certificates,

3)Keeping a register of the certificates mentioned in point 2,

4)Controlling the fulfilment of the conditions set forth in the rules issued on the basis of art. 17 par, 2, art. 20 par. 2, art. 21 par. 2, art. 23 par. 4, art. 24 and art 27 par. 3.

5)Ensuring that rail transport safety regulations are adhered to and that railway lines and sidings are properly maintained and used,

6)Ensuring the safe transport of dangerous goods by rail,

7)Appointing committees and issuing powers to consultants responsible for the safe transport of dangerous goods by rail,

8)Chairing the work of rail accident investigation committees and other accident-related committees,

9)Taking action to improve the safety of rail transport.

  1. Each year, by the end of the first quarter, the Chairman of the ORT shall submit to the minister responsible for rail transport an evaluation of the functioning of the rail transport market and the state of rail traffic safety.
  2. The minister responsible for transport shall establish, by way of an ordinance:

1)The procedure by which the Chairman of the ORT should exercise his control functions, taking into account the duties of the controller and the controlled,

2)The detailed rules for reporting rail disasters and accidents, and the rules and work procedures for accident investigation committees, so as to contain the effects of rail disasters and accidents.

Art. 13.

  1. Should the Chairman of the ORT determine that the rules issued on the basis of art. 17 par, 2, art. 20 par. 2, art. 21 par. 2, art. 23 par. 4, art. 24 and art 27 par. 3. have been broken, he shall order, by way of an administrative decision, the rectification of the irregularities within the time limit set by him.
  2. The Chairman of the ORT may, by way of an administrative decision:

1)Halt or reduce traffic on a railway line or sector if a threat to rail traffic or the safe transport of persons and goods is detected,

2)Stop or restrict the operation of a railway vehicle which does not conform to the rules issued on the basis of art. 20 and art. 22 par. 3 point 1 and art. 23 par. 4,

  1. The decisions of the Chairman of the ORT discussed in par. 2 are final and immediately enforceable.

Art. 14.

In the event of a breach of the terms and conditions of a licence in the scope discussed in art. 13 par. 1, the Chairman of the ORT shall report this to the minister responsible for transport.

Art. 15.

The Chairman of the ORT and persons authorised by him:

1)May enter railway land, railway sidings, premises connected with the operation and safety of rail traffic, and railway vehicles.

2)May demand written and oral explanations, the furnishing of documents and other information, and the disclosure of all data related to the subject of the control.

Art. 16.

  1. The functions of the Chairman of the ORT set forth in art. 12 par. 2 point 1 and 2 are to be paid for. Also to be paid for is the performance of the tasks discussed in art. 12 par. 2 point 4, if they involve specialist checks and measurements.
  2. The charges referred to in par. 1 constitute state budgetary revenues.
  3. The minister responsible for transport, in conjunction with the minister responsible for public finances, shall set forth, by way of an ordinance, the functions, discussed in par. 1, for which charges are payable, as well as the amount of these charges and the method of collecting them, taking into account the work-intensity of these functions.

Chapter 4

Safety of rail transport

Art. 17.

  1. The administrator and users of the rail infrastructure are obliged to fulfil the technical and organisational conditions which ensure safe rail traffic and maintenance of railway lines, a safe operation of railway vehicles, and environmental protection.
  2. The minister responsible for transport shall set forth, by way of an ordinance, the general principles of operating rail services and signalling, as well as the duties of administrators of the rail infrastructure and rail operators and the owners of railway sidings, taking into account the rules for formulating and applying detailed internal regulations in this regard.

Art. 18.

  1. A safety certificate is a document certifying an ability to conduct traffic and provide rail services safely.
  2. A safety certificate must be obtained by:

1)A rail operator,

2)An infrastructure administrator,

3)A user of a railway siding.

  1. The minister responsible for transport will set forth, by way of an ordinance, the conditions and procedures for the issue and withdrawal of safety certificates and the pattern thereof, taking into account the requirements discussed in art. 19.

Art. 19.

  1. The Chairman of the ORT shall issue a safety certificate to an infrastructure administrator if he furnishes:

1)Approval certificate for operating types of buildings and equipment used to provide rail services and railway vehicle type approval certificates,