Railways Act
Passed 19 November 2003
(RT1 I 2003, 79, 530),
entered into force 31 March 2004.
Chapter 1
General Provisions
§ 1. Scope of application of Act
(1) This Act regulates:
1) the rights and obligations of the possessors of railway infrastructure and rail vehicles in the maintenance and use of railways and rail vehicles, including the rights and obligations of railway undertakings in the management of railway infrastructure, and the transport of passengers and goods;
2) the rights and obligations of undertakings engaged in the building of railway infrastructure civil engineering works (railway civil engineering works) or the servicing and repair of rail vehicles upon operation in their respective areas of activity;
3) exercise of state supervision over railway traffic, maintenance of railway infrastructure and rail vehicles, building of railway civil engineering works and servicing and repair of rail vehicles;
4) liability for violation of this Act.
(2) For the purposes of this Act, all railways which are connected, directly or by way of other railways, to a network of railways designated for public use (hereinafter public railways), including railways which are necessary for entry into or departure from depots or railway repair workshops (depot sidings) and railways which only support transport are deemed to be railway infrastructure.
(3) The width of railway tracks designated for public use and the railway tracks connecting thereto shall be 1520 mm, 1524 mm or 1435 mm. If the width of a railway track to be connected to a public railway differs from the width of existing railway tracks, approval for such difference shall be obtained, before the building is commenced, from the Railway Inspectorate and the railway infrastructure undertaking managing the public railway to which connection is desired.
(4) For the purposes of this Act, cableways, tramways and other civil engineering works similar thereto due to their manner of construction or operation, and other rail tracks the construction of which is different from railways are not deemed to be railways. This Act applies to railways which are not connected to public railway networks, including narrow-gauge railways with the width of railway tracks of 750 mm only where such railways are used for the provision of transport services.
(5) The provisions of the Administrative Procedure Act (RT I 2001, 58, 354; 2002, 53, 336; 61, 375; 2003, 20, 117) apply to the administrative procedure prescribed in this Act, taking into account the specifications arising from this Act.
§ 2. Railway undertakings
For the purposes of this Act, ”railway undertaking” means a sole proprietor or company which is entered in the commercial register and the area of activity of which is the provision of rail transport services or the management of railway infrastructure.
§ 3. Definitions
The following definitions are used in this Act:
1) “railway infrastructure” means a railway, and the buildings and civil engineering works necessary for the management of the railway, connected thereto by means of construction or due to their intended purpose;
2) “railway” means a civil engineering works permanently attached to a plot of land, the essential parts of which are the track bed and the superstructure consisting of rails, switch blades, sleepers and ballast and supported by the track bed;
3) “railway infrastructure building” means a building located within the ground area of a railway which is intended for the use of the railway for its intended purposes;
4) “railway civil engineering works” means a railway, bridge, viaduct, trestle, tunnel, retaining wall, culvert, cutting, channel or ditch, plant for transforming and carrying electric power for train haulage, safety equipment, communication equipment, lighting installation, energy equipment or utility works, pedestrian crossing or railway level crossing, station or other safety signalling and telecommunications installation point on the track, waiting or loading platform, track protection structure or other civil engineering works necessary for using railways for their intended purposes;
5) “railway ground area” means the land under a railway or railway infrastructure buildings and civil engineering works, and the land necessary for servicing thereof;
6) “railway protection zone” means an area, the width of which measured from the axis of the rail (or from the axis of the outermost rail on multiple track railways and in stations) shall be 30 metres in cities and settlements and 50 metres outside of cities and settlements unless a different width has been prescribed by an Act or legislation passed on the basis thereof, established in order to ensure the use of the railway for its intended purposes, trouble-free railway traffic and alleviation of the damaging effects caused by the railway;
7) “rail network” means the entire railway infrastructure of one railway infrastructure manager, or other owner or possessor of railway infrastructure;
8) “rail vehicle” means a locomotive, carriage, multiple unit train or railbus necessary for rail transport, or rail vehicle for specific purposes (postal wagon, luggage wagon, track measuring car, carriage for defectoscopy or dynamometrics, or other type of carriage), or special rail vehicle ( trolley, snow plough, snow clearing machine or track repair machine, railway crane or other such vehicle);
9) “train“ means a unit of coupled rail vehicles consisting of carriages and one or several locomotives or railcars. A single carriage, railcar, railbus, non-dismountable trolley or track repair machine running on open tracks is also deemed to be a train;
10) “locomotive” means a rail vehicle equipped with a power source used for train haulage or shunting;
11) “rail transport undertaking” means a railway undertaking engaged in the provision of rail transport services;
12) “railway infrastructure manager” means a railway undertaking engaged in the management of railway infrastructure;
13) “railway infrastructure capacity” (hereinafter capacity) means the potential to provide, for a certain period of time, a timetable concerning a certain railway infrastructure section;
14) “timetable” means a document prepared by a railway infrastructure manager which determines all the planned movement of trains and other rail vehicles, and sets out the railway capacity distributed to rail transport undertakings as well as technological time for organising the running repair and maintenance of railway civil engineering works (hereinafter technological possessions);
15) “train path” means the railway capacity necessary for the operation, during a given period of time, of a train from its point of origin to its point of destination;
16) “management of railway infrastructure” means the maintenance of railway infrastructure (the organisation of construction, repair and maintenance work), the organisation of railway traffic and the grant of the use of railway infrastructure to rail transport undertakings;
17) “rail transport” means the transport of passengers or goods for a charge or without charge by using railway infrastructure for such purpose;
18) “rail vehicle maintenance” means the inspection and maintenance of the main assemblies and equipment of rail vehicles after a certain period of time or unit of distance travelled in order to prevent technical failures and ensure the good working condition, fire and traffic safety of the rail vehicles during the time between repairs;
19) “rail vehicle repair” means significant work performed on the main assemblies and equipment of a rail vehicle, or replacement thereof with the aim of restoring the good working condition of the rail vehicle;
20) “performance of construction work on railways” means the building of bridges, viaducts, trestles, culverts, plants for transforming and carrying electric power for train haulage, safety equipment, communication equipment, railway level crossings stations and other safety signalling and telecommunications installation points on the track which form a part of the railway or railway civil engineering works;
21) “temporary closure of railway traffic” means the cancellation of all trains scheduled by the timetable to run in a certain railway section during a certain period of time;
22) “significant restriction of railway traffic” means the cancellation of one or several passenger trains scheduled by the timetable, or a situation where the scheduled use of more than three thirds of the train paths can not be guaranteed during a twenty-four hour period;
23) “basic services ensuring access” means the review of applications for capacity, grant of use of distributed railway capacity, ensuring the use and operation of railway junctions, waiting platforms, track, safety and communication equipment, railway traffic control, and forwarding of information necessary for use of distributed railway capacity to rail transport undertakings;
24) “extra services ensuring access” means the grant of use of power substations, power transmission lines, traction substations, plants for transforming and carrying electric power for train haulage, traction current transmission lines, provision of traction power, illumination of railway civil engineering works, grant of use of buildings and civil engineering works necessary for providing services to passengers, freight terminals, marshalling yards, train formation equipment, railways intended for specific purposes, maintenance workshops and other utility works;
25) “assistance services for access” means passenger train preheating, grant of use of feeder lines leading to civil engineering works necessary for the provision of rail transport services with the aim of providing refuelling, train formation and other services, inspection of carriage of hazardous loads on the basis of special contracts, provision of access to telecommunications networks, technical inspection of rail vehicles, forwarding of information not specified in clause 23) of this section to rail transport undertaking, and other similar services;
26) “body authorised to distribute capacity” means a railway infrastructure manager or in the case specified by this Act, the Railway Inspectorate or an undertaking, other legal person or structural unit of a foreign state the function of which is, according to the legislation of such state, to organise capacity distribution.
§ 4. Application of this Act to railway undertakings and separate accounting requirement
(1) Railway undertakings which provide rail transport services and manage railway infrastructure shall, in the provision of rail transport services, be governed by the provisions of this Act concerning rail transport undertakings and, in the management of railway infrastructure, by the provisions of this Act concerning railway infrastructure managers.
(2) Railway undertakings which manage public railways or provide public rail transport services are required to keep separate accounting of the revenue and expenditure relating to the areas of management of railway infrastructure and transport services. Rail transport undertakings which provide public rail transport services for passengers in compliance with subsection 9 (3) of this Act, and other transport services are required to keep separate accounting of the revenue and expenditure relating to the areas of public rail transport services for passengers and other rail transport services.
(3) Aid granted by the state or local government for the management of railway infrastructure or provision of public rail transport services for passengers shall not be transferred from one area of activity to another, or to other areas of activity. Adherence to such requirement shall be reflected in the accounting of the revenue and expenditure of both areas of activity.
(4) Railway undertakings specified in subsection (2) of this section are required to submit the accounting of revenue and expenditure kept according to the requirements set out in subsections (2) and (3) to the Minister of Economic Affairs and Communications. The procedure and terms for submission of the accounting of revenue and expenditure of railway undertakings shall be established by the Minister of Economic Affairs and Communications. In the case of justified interest, information concerning the accounting of revenue and expenditure submitted to the Minister of Economic Affairs and Communications shall be provided pursuant to the procedure provided for in the Public Information Act (RT I 2000, 92, 597; 2002, 61, 375; 63, 387; 2003, 25, 153; 26, 158; 32, correction notice).
§ 5. Transfer of management of railway infrastructure
(1) A railway infrastructure manager may transfer the management of a railway infrastructure to another undertaking in part or in full on the basis of a contract. The railway infrastructure manager and the undertaking to which the management of the railway infrastructure is transferred are solidarily liable for any violation of the obligations arising from the management of the railway infrastructure. Any agreement contrary to the specified requirement is void with regard to third persons.
(2) The management of a public railway may be transferred, in part or in full, to an undertaking who has applied for an operating licence for the management of railway infrastructure.
§ 6. Transfer of railway infrastructure and encumbrance of railway ground area with right of superficies
(1) A railway infrastructure manager may transfer the railway infrastructure of a public railway or encumber the railway ground area with rights of superficies only with the prior consent of the Railway Inspectorate. This requirement also applies to the buildings and civil engineering works necessary for the management of the railway infrastructure which are connected to railways by means of construction or due to their intended purpose but do not belong to the railway infrastructure manager. In such case, the owner of such building or civil engineering works shall apply for the consent of the Railway Inspectorate.
(2) The Railway Inspectorate has the right to refuse to grant the consent provided for in subsection (1) of this section if, in the event of transfer of the railway infrastructure or encumbrance of the railway ground area with rights of superficies, continued use of the railway infrastructure for its intended purpose cannot be guaranteed and, as a result, further use of the railway infrastructure of a public railway for rail transport is materially hindered, the quality of transport services significantly deteriorates or safety is compromised.
§ 7. Use of public railway
(1) A public railway means the railway infrastructure of a railway undertaking the use of which with regard to basic and extra services ensuring access, the fees, time and other conditions of use is ensured without discrimination to all railway undertakings for the provision of rail transport services on the bases of and pursuant to the procedure provided for in this Act.
(2) A railway infrastructure manager who manages a public railway shall organise the use of the railway infrastructure by way of distribution of capacity, and allocate railway capacity to rail transport undertakings as train paths or as single railway capacities intended for specific purposes. Possessors of rail vehicles who are not rail transport undertakings are also entitled to single railway capacities intended for specific purposes. A possessor of rail vehicles who is not a rail transport undertaking shall, for use of single railway capacities intended for specific purposes, enter into a contract with a rail transport undertaking who performs the carriage for specific purposes on behalf of the possessor of the rail vehicle.
§ 8. Connection to other railways
(1) Any railway infrastructure manager or other owner or possessor of a railway whose railway joins with a railway in the ownership or possession of another person shall permit connection to its railway infrastructure and guarantee passage of the rail vehicles by its railway to the railway joined thereto.
(2) The conditions of and fees paid for connection specified in subsection (1) of this section shall be prescribed by an agreement entered into between the person requesting connection the owner or possessor of the railway. If agreement on the conditions of connection and fees paid therefor cannot be reached, the interested party may have recourse to the courts for adjudication of reasonable conditions and justified fees.
§ 9. Public railways and public rail transport services for passengers
(1) Railway infrastructures are designated for public use by the Minister of Economic Affairs and Communications on the basis of a corresponding application submitted by the relevant railway undertaking. Railway infrastructures are excluded from public railways by the Government of the Republic on the basis of a corresponding application submitted by the relevant railway undertaking. The procedure for designation of railway infrastructures for public use shall be established by the Government of the Republic.
(2) Railway undertakings are designated as providers of public rail transport services for passengers or excluded from providers of public rail transport services for passengers by the Minister of Economic Affairs and Communications on the basis of a corresponding application submitted by the relevant railway undertaking. The procedure for designating railway undertakings as railway undertakings providing public rail transport services for passengers shall be established by the Government of the Republic.
(3) Railway undertakings which in accordance with subsection (2) of this section are designated as providers of public rail transport services for passengers are required to provide everyone with transport services for passengers on public railways in accordance with the published transport rules, and on the bases of and pursuant to the procedure provided by law (public rail transport services for passengers).
(4) Notices on designation of railway infrastructures for public use, exclusion of railways from public railways, designation of railway undertakings as railway undertakings providing public rail transport services for passengers and exclusion of railway undertakings from railway undertakings providing public rail transport services for passengers shall be sent for publication in Ametlikud Teadaanded2 by the Ministry of Economic Affairs and Communications.
(5) The Minister of Economic Affairs and Communications shall be given prior notice of planned merger or division of a company managing public railway infrastructure or providing public rail transport services.
(6) The Government of the Republic has the right to independently designate railway infrastructure for public use for a fair charge if using the railway infrastructure for provision of public rail transport services for passengers is necessary in public interest.
(7) The Government of the Republic may refuse to satisfy an application submitted by a railway undertaking for exclusion of the railway infrastructure managed by the undertaking from public railways if using the railway infrastructure for provision of public rail transport services for passengers is necessary in public interest.
Chapter 2
Operating Licences and Safety Certificates
Division 1
Operating Licences
§ 10. Operating licence
(1) A railway undertaking to which the Minister of Economic Affairs and Communications has issued an operating licence for the management of railway infrastructure may manage a public railway.
(2) A rail transport undertaking to which the Minister of Economic Affairs and Communications has issued an operating licence for the provision of rail transport services for passengers may provide rail transport services for passengers.
(3) A rail transport undertaking to which the Minister of Economic Affairs and Communications has issued an operating licence for the provision of rail transport services for goods may provide rail transport services for goods.
(4) An undertaking to which the Minister of Economic Affairs and Communications has issued an operating licence for rail vehicle maintenance may maintain rail vehicles used on public railways and rail vehicles used for provision of rail transport services.
(5) An undertaking to which the Minister of Economic Affairs and Communications has issued an operating licence for rail vehicle repair may repair rail vehicles used on public railways and rail vehicles used for provision of rail transport services. An operating licence for rail vehicle repair also gives its holder the right to maintain rail vehicles used on public railways and rail vehicles used for provision of rail transport services.
(6) The operating licences provided for in subsections (1)–(3) of this section shall be issued for an unspecified term and the operating licences provided for in subsections (4) and (5) shall be issued for a term of up to ten years.
(7) The transfer of an operating licence to or its use by another person is prohibited.
(8) Organising rail transport services for passengers by making use of single railway capacities intended for specific purposes is permitted only with the prior consent of the Railway Inspectorate. The Railway Inspectorate has the right to refuse to grant permission if passenger safety cannot be guaranteed.
(9) A company created as a result of the merger or division of a company managing a public railway or providing rail transport services shall apply for a new operating licence in order to continue the management of the public railway or the provision of rail transport services.
(10) A foreign company may operate in the areas of activity specified in subsections (1)–(5) of this section only if a branch of the company is entered in the commercial register under the conditions prescribed by the Commercial Code (RT I 1995, 26–28, 355; 1998, 91–93, 1500; 1999, 10, 155; 23, 355; 24, 360; 57, 596; 102, 907; 2000, 29, 172; 49, 303; 55, 365; 57, 373; 2001, 34, 185; 56, 332; 336; 89, 532; 93, 565; 2002, 3, 6; 35, 214; 53, 336; 61, 375; 63, 387; 388).
(11) A foreign railway undertaking need not hold an operating licence in order to enter a railway frontier station provided that the foreign railway undertaking and an Estonian railway undertaking have, on the basis of an international agreement, agreed to provide cross-border rail transport services.
(12) A railway undertaking or association of railway undertakings of a foreign state need not apply for an operating licence for provision of rail transport services in Estonia providing that the undertaking or association holds a corresponding licence issued by the foreign state, and Estonia and the foreign state have agreed on mutual recognition of operating licences. For provision of rail transport services in Estonia, a railway undertaking or association of railway undertakings of a foreign state shall apply for a safety certificate from the Railway Inspectorate.
§ 11. Conditions on issue of operating licences
(1) An operating licence shall be issued to an undertaking which complies with all the following requirements:
1) the undertaking and the documents submitted by the undertaking comply with the requirements established by law and other legislation;
2) the sole proprietor, company, members of the management board of the company or other persons with management rights have not been declared bankrupt, they have not been committed, according to information in the punishment register, criminal offences in the first degree, economic criminal offences, criminal official misconduct, criminal offences in the areas of occupational health, safety or technical supervision, and they have not been punished for misdemeanours pertaining to the area of social or labour law, or customs organisation on more than two occasions;
3) the sole proprietor, members of the management board of the company or other persons with management rights who are responsible for the management of the railway infrastructure, provision of rail transport services for passengers or goods, or rail vehicle maintenance or repair have sufficient professional knowledge and experience to ensure the safe operation of the railway undertaking and the reliable organisation and monitoring of its operation;
4) the locomotive drivers of the railway undertaking hold an locomotive driver's licence and have necessary qualifications, and the assistant locomotive drivers and persons responsible for the safety of railway traffic and railway traffic control hold a professional certificate;
5) the operating licence issued to the undertaking has not been revoked on an earlier occasion on the basis of § 17 of this Act, or at least than three years have passed since the revocation of the operating licence;
6) the undertaking is able to perform its actual and potential financial obligations for a period of at least twelve consecutive months, and the undertaking has no tax arrears;
7) the undertaking has liability insurance in order to compensate, pursuant to this Act and international agreements, for any damages caused due failure to perform its obligations or inadequate performance thereof.
(2) The requirement specified in clause (1) 4) of this section does not apply to obtaining the operating licences provided in subsections 10 (4) and (5) of this Act.
§ 12. Documents necessary for application for operating licence
(1) An applicant for an operating licence shall submit the following documents to the Ministry of Economic Affairs and Communications:
1) an application;
2) a copy of the articles of association or partnership agreement of the company to be founded;
3) a notarised transcript of the memorandum of association of the company being founded;
4) a copy of the approved annual report for the previous year of an operating company;
5) a copy of the interim account as at the end of the month prior to submission of the application if an annual report does not exist or if the annual report submitted has been prepared and approved more than six months prior to submission of the application;
6) a list of the members of the management board or, of the persons who have the right to manage the company which shall set out the given names and surnames of the persons, their personal identification codes (or, in the absence thereof, the date of birth), residences, information concerning their education and professional experience, their recent places of work or service, and a written confirmation by the persons concerning their compliance with the requirements provided in clause 11 (1) 2) of this Act;
7) documents concerning compliance of the persons specified in clauses 11 (1) 3) and 4) of this Act with the established requirements;
8) a copy of the liability insurance contract specified in clause 11 (1) 7) of this Act or, in the case of a company being founded, a confirmation from an insurer concerning entry into an liability insurance contract.
(2) Before submission of an application for obtaining an operating licence, the applicant shall pay a state fee. In the application, an applicant shall provide information regarding payment of the state fee.
§ 13. Format of operating licence
(1) The following shall be entered on an operating licence:
1) the name of the undertaking;
2) commercial registry code;
3) the area of activity for which the operating licence is issued;
4) the issuer of the operating licence;
5) a reference to the directive whereby the decision to issue the operating licence was formalised;
6) the date of issue of the operating licence;
7) the term of the operating licence if the operating licence is issued for a specific period.
(2) In addition to the information specified in subsection (1) of this section, the type of maintenance or repair work (maintenance or repair of passenger or freight carriages, automatic brake systems, automatic couplers, wheelsets, rolling bearings of wheelsets, etc) for the performance of which the operating licence was applied for shall be entered on an operating licence for rail vehicles maintenance.
(3) The format of operating licences shall be established by the Minister of Economic Affairs and Communications.
§ 14. Liability insurance contract
(1) In order to apply for the operating licence provided for in subsections 10 (1)–(5) of this Act and the registration provided for in clause 24 1), an undertaking shall enter, for coverage of any damages which may be caused by its activities, into a liability insurance contract under the following terms and conditions:
1) the insurer shall be a company which has permission to engage in insurance activities in Estonia;
2) the insured event involves direct pecuniary loss, or damages arising from bodily injury caused during the insured period in connection with the management of railway infrastructure, provision of rail transport services, building of railway civil engineering works or maintenance or repair of rail vehicles for which the undertaking is liable pursuant to legislation to passengers, owners of luggage, goods, postal items, owners or possessors of railway civil engineering works or rail vehicles or third persons;
3) the minimum amount of insurance coverage for one insured event shall be set in compliance with the provisions of subsection (2) of this section, or an international agreement if a higher minimum amount of insurance coverage than the amount provided for in this Act is established by such agreement;
4) the liability insurance contract shall also involve insurance against risks arising from environmental damage.
(2) The minimum amount of insurance coverage shall be:
1) 10 million kroons for railway undertakings engaged in the management of public railways;
2) 7 million kroons for railway undertakings engaged in the provision of rail transport services;
3) 1 million kroons for undertakings engaged in the building of railway civil engineering works;
4) 1 million kroons for undertakings engaged in the maintenance of rail vehicles used on public railways or used for the provision of rail transport services;
5) 1 million kroons for undertakings engaged in the repair of rail vehicles used on public railways or used for the provision of rail transport services.
(3) An undertaking shall have a liability insurance contract specified in subsection (1) of this section which is valid during the entire term of the operating licence or the registration specified in clause 24 (1) of this Act.
§ 15. Issue of operating licences and refusal to issue operating licences
(1) The Minister of Economic Affairs and Communications shall decide on the issue of an operating licence or refusal to issue an operating licence within thirty days after the submission of a corresponding application.
(2) The decision to issue an operating licence shall be documented by a directive of the Minister of Economic Affairs and Communications and the operating licence enters into force as of delivery thereof, or on a later date specified in the directive. A copy of the directive and the operating licence shall be delivered to the applicant by post within three working days after the date of signing of the directive, or issued to the applicant against a signature, depending on which of the above two options the applicant indicated in the application for operating licence.
(3) The Minister of Economic Affairs and Communications refuses to grant an operating licence in the following cases:
1) the undertaking does not comply with the requirements provided in § 11 of this Act;
2) the undertaking has failed to submit the documents specified in § 12 of this Act;
3) the submitted documents are inaccurate or incomplete.
(4) Refusal to issue an operating licence shall be documented by a directive of the Minister of Economic Affairs and Communications. A copy of the directive shall be sent to the applicant by post within three working days after the date of signing of the directive.
(5) The Minister of Economic Affairs and Communications has the obligation to grant an applicant a term for elimination of the circumstances which prevent the issue of the operating licence. The applicant has the right to submit additional documents during the specified term. If the applicant fails to eliminate the circumstances preventing the issue of the operating licence or fails to submit additional documents during the specified term, the Minister of Economic Affairs and Communications shall refuse to issue the operating licence.
§ 16. Conditions for validity of operating licence
(1) A company being founded which has been issued an operating licence specified in subsections 10 (1)–(5) of this Act by the Minister of Economic Affairs and Communications is required to submit the documents specified in clause 12 (1) 7) of this Act to the Minister of Economic Affairs and Communications before commencing the activity indicated in the operating licence.
(2) The Minister of Economic Affairs and Communications has the right to verify, at any time, compliance of undertakings with the conditions for obtaining operating licences. In the case of significant changes to the circumstances underlying the issue of an operating licence, the undertaking shall immediately notify the Minister of Economic Affairs and Communications thereof and if necessary, submit the relevant documentation.
§ 17. Suspension of operating licences and revocation of operating licences
(1) An operating licence shall be revoked in the following cases:
1) the railway infrastructure or rail vehicles do not comply with the safety requirements, the activities of the undertaking do not ensure compliance with the safety requirements, or the Railway Inspectorate revokes the safety certificate, or refuses to issue or extend the safety certificate;
2) the undertaking fails to apply for a safety certificate within six months as of the issue of the operating licence, or fails to apply for extension of the safety certificate within six months as of the expiry of the safety certificate;
3) the undertaking has submitted documents containing incorrect or incomplete information in order to be granted the safety certificate or to have the safety certificate extended, and fails to eliminate the deficiencies present in the documents within the term set by the Railway Inspectorate;
4) the undertaking has not operated in the area of activity indicated in the operating licence and safety certificate within six months as of the issue of a safety certificate;
5) the undertaking does not comply with the requirements specified in § 11 of this Act;
6) the undertaking violates the obligations arising from an international agreement, as a result of which persons, property or the environment could be endangered, or the provision of international rail transport service could be suspended.
(2) Before revoking an operating licence on the grounds provided in clauses (1) 2) or 4)–6) of this section, the Minister of Economic Affairs and Communications shall issue a precept to the undertaking, granting the undertaking a reasonable term for elimination of the deficiencies underlying the revocation. If the undertaking fails to eliminate the deficiencies underlying the revocation of the operating licence during such term, the Minister of Economic Affairs and Communications shall revoke the operating licence.
(3) The Minister of Economic Affairs and Communications has the right to suspend an operating licence until the deficiencies are eliminated pursuant to the precept specified in subsection (2) of this section, or if the undertaking fails to eliminate the deficiencies within the set term, until the operating licence has been revoked. If the railway infrastructure, railway traffic management, rail vehicles or staff of an undertaking do not comply with the established requirements and as a result, the safe operation of the undertaking can not be ensured, the Minister of Economic Affairs and Communications has the right to suspend the operating licence of the undertaking at the request of the Railway Inspectorate until the undertaking has eliminated the deficiencies pursuant to the precept issued by the Railway Inspectorate, or if the undertaking fails to eliminate the deficiencies, until the operating licence has been revoked.
(4) In order to ensure provision of public rail transport services for passengers, the Minister of Economic Affairs and Communications may issue a temporary operating licence to a railway undertaking whose operating licence has been revoked due to failure to meet the conditions prescribed in clauses 11 (1) 6) or 7) of this Act. A temporary operating licence shall be issued for a period of up to six months as of the date on which the operating licence is revoked. During such period, the railway undertaking is required to continue its operation under the conditions and to the extent indicated in the temporary operating licence.
(5) Suspension of an operating licence or revocation of an operating licence shall be documented by a directive of the Minister of Economic Affairs and Communications, and the suspension of an operating licence or revocation of an operating licence enters into force as of the delivery of a copy of the directive or publication of a corresponding notice in Ametlikud Teadaanded2. A copy of the directive shall be sent to the applicant by post within three working days after the date of signing of the directive.
(6) The Minister of Economic Affairs and Communications shall immediately send a notice concerning revocation of an operating licence for publication in Ametlikud Teadaanded.
§ 18. Termination of validity of operating licences
(1) The validity of an operating is terminated:
1) upon the dissolution of the undertaking, including the merger or division of the company,
2) if the operating licence is revoked, or
3) at the request of the undertaking.
(2) The Minister of Economic Affairs and Communications shall immediately send a notice concerning termination of validity of an operating licence for publication in Ametlikud Teadaanded.
§ 19. Termination of validity of operating licence at request of undertaking
(1) A railway undertaking shall submit an application for termination of the validity of its operating licence to the Minister of Economic Affairs and Communications at least six months prior to the requested date of termination of the validity of the operating licence, and an undertaking engaged in rail vehicle maintenance or repair shall submit such application at least thirty days prior to the requested date of termination of the validity of its operating licence.
(2) The termination of the validity of an operating licence at the request of an undertaking shall be documented by a directive of the Minister of Economic Affairs and Communications, and the validity of the operating licence terminates as of delivery of a copy of the directive, or at a later date indicated in the directive. A copy of the directive shall be delivered to the undertaking by post within three working days after the date of signing of the directive, or is issued to the undertaking against a signature, depending on which of the above two options the undertaking indicated in the application.
Division 2
Safety Certificate
§ 20. Mandatory nature of safety certificate
(1) An undertaking may manage a public railway, or provide rail transport services for passengers or rail transport services for goods if the undertaking holds, in addition to a valid operating licence, a valid safety certificate which certifies that the railway infrastructure or railway traffic management, rail vehicles or staff of the undertaking comply with the requirements arising from this Act.
(2) Safety certificates are divided into safety certificates for management of railway infrastructure, safety certificates for provision of rail transport services for passengers and safety certificates for provision of rail transport services for goods.
(3) Safety certificates are issued by the Railway Inspectorate.
(4) A safety certificate shall be valid for five years. The term of a safety certificate shall be extended prior to the expiry thereof.
§ 21. Application for issue, amendment or extension of safety certificates
(1) In order to obtain a safety certificate or have a safety certificate extended, an undertaking wishing to engage in the management of a public railway shall submit the following documents to the Railway Inspectorate:
1) an application;
2) a list of employees responsible for railway safety or railway traffic which shall set out, for each employee, his or her given name and surname, personal identification code or, in the absence thereof, the year of birth, and copies of the professional certificates issued to the employees;
3) a list of railway infrastructure civil engineering works and buildings, indicating the main, station and special sidings (indication, boundaries and railway traffic registry code of the sidings, and the location, type, name and indication of the civil engineering works and buildings) together with a short description of their technical condition;
4) a report on inspection of the compliance of the management of railway infrastructure and railway traffic with the requirements.
(2) In order to obtain a safety certificate or have a safety certificate extended, an undertaking wishing to engage in the provision of rail transport services for passengers or provision of rail transport services for goods shall submit the following documents to the Railway Inspectorate:
1) an application;
2) a list of locomotive drivers of the undertaking which shall set out, for each driver, his or her given name and surname, personal identification code or, in the absence thereof, the year of birth, and information concerning the locomotive driver’s licence issued to the locomotive driver, including the following details: the number of the locomotive driver’s licence, the type of locomotive which the locomotive has the right to drive, the issuer of the locomotive driver’s licence, and the place and date of issue;
3) a list of assistant locomotive drivers of the undertaking which shall set out, for each assistant locomotive driver, his or her given name and surname, personal identification code or, in the absence thereof, the year of birth, and a copy of the professional certificate issued to the assistant locomotive driver;
4) information concerning rail vehicles in the possession of the undertaking and registered or subject to registration in the Estonian National Railway Traffic Register which the undertaking intends to use for the provision of rail transport services for passengers or provision of rail transport services for goods (type and subcategory, railway traffic registry code, manufacturer and year of manufacture of the rail vehicles);
5) a report on inspection of the compliance of the rail vehicles with the requirements.
(3) For obtaining a safety certificate or for having a safety certificate extended, a foreign railway undertaking or association of foreign railway undertakings is required to submit the information specified in subsection (2) of this section only to the extent that such information is relevant to their operation in Estonia.
(4) In the case of change to the circumstances underlying the issue of a safety certificate which brings about the need for amendment of the information entered in the safety certificate pursuant to subsection 22 (5) of this Act, the undertaking shall submit an application to this effect to the Railway Inspectorate.
(5) Before submission of an application for the obtainment, amendment or extension of a safety certificate, the applicant shall pay a state fee. In the application, an applicant shall provide information regarding payment of the state fee.
§ 22. Issue, amendment and extension of safety certificates
(1) Prior to the issue of a safety certificate to an undertaking wishing to engage in the management of railway infrastructure, or extension of a safety certificate, the Railway Inspectorate has the right to verify the correctness of the information provided in the report on inspection of the compliance of the management of the railway infrastructure and railway traffic with the requirements and, in justified cases, has the right to demand that the undertaking order a technical expert analysis of the railway infrastructure from a notified body which is competent to perform such analysis.
(2) Prior to the issue of a safety certificate to an undertaking wishing to engage in the provision of rail transport services for passengers or rail transport services for goods, the Railway Inspectorate has the right to verify the correctness of the information set out in the report on inspection of the compliance of the rail vehicles with the requirements and, in justified cases, has the right to demand that the undertaking order a technical expert analysis of the rail vehicles from a notified body which is competent to perform such analysis.
(3) The Railway Inspectorate shall issue or extend a safety certificate within thirty days after the receipt of a corresponding application and documents prepared in accordance with the requirements or, if the Railway Inspectorate decides to verify the correctness of the submitted information pursuant to subsections (1) or (2) of this section, the safety certificate shall be issued or extended within ten days after the date of obtaining the results of the verification. The term for verification of the correctness of the information shall not be longer than the term necessary for the conduct of verification procedures and obtaining the results of the verification. After verifying the correctness of the information submitted in the application, the Railway Inspectorate shall amend a safety certificate within three working days as of receipt of an application for amendment.
(4) The issue, amendment or extension of a safety certificate shall be documented by a directive of the Director General of the Railway Inspectorate, and the safety certificate, or the amendment or extension thereof enters into force on the date indicated in the directive. A copy of the directive and the safety certificate shall be delivered to the applicant by post within three working days after the date of signing of the directive, or is issued to the applicant against a signature, depending on which of the above two options the applicant indicated in the application. The Railway Inspectorate shall immediately inform the Minister of Economic Affairs and Communications of the issue, amendment or extension of a safety certificate.
(5) A safety certificate shall set out the name and commercial registry code of the undertaking, the area of activity for which the safety certificate is issued, the name of the issuer of the safety certificate, the date of issue, amendment or extension thereof, a reference to the directive by which the decision to issue, amend or extend the safety certificate is formalised, and the term of the safety certificate. The requirements for the procedure for the issue, amendment and extension of safety certificates and the format of safety certificates shall be established by the Minister of Economic Affairs and Communications.
§ 23. Refusal to issue or extend safety certificates and revocation of safety certificates
(1) The Railway Inspectorate refuses to issue or extend a safety certificate if the undertaking does not hold a valid operating licence, or the railway infrastructure, railway traffic management, rail vehicles or staff of the undertaking do not comply with the established requirements, or the documents submitted by the undertaking are incorrect or incomplete.
(2) The Railway Inspectorate revokes a safety certificate if the railway infrastructure, railway traffic management, rail vehicles or staff of the undertaking do not comply with the established requirements.
(3) Before deciding to refuse to issue or extend a safety certificate, or deciding to revoke a safety certificate, the Railway Inspectorate is required to grant the undertaking a reasonable term for elimination of the circumstances underlying the refusal to issue or extend the safety certificate, or revocation of the safety certificate. If the undertaking fails to eliminate the deficiencies within the set term, the Railway Inspectorate has the right to refuse to issue or extend the safety certificate, or to revoke the certificate.
(4) A refusal to issue or extend a safety certificate or revocation of a safety certificate shall be documented by a directive of the Director General of the Railway Inspectorate. The directive enters into force as of the date of delivery of a copy of the directive, or publication of the corresponding notice in Ametlikud Teadaanded. A copy of a directive shall be sent to the undertaking within three working days after the date of signing of the directive.
(5) The Railway Inspectorate shall immediately inform the Minister of Economic Affairs and Communications of refusal to issue or extend a safety certificate, or revocation of a safety certificate, and shall send a corresponding notice for publication in Ametlikud Teadaanded.
Chapter 3
Performance of Construction Work on Railways
Division 1
Requirements for Undertakings Engaged in Performance of Construction Work on Railways
§ 24. Operation of undertakings in area of construction work on railways
An undertaking may engage in the performance of construction work on railways, if the undertaking:
1) is registered in the commercial register the state register of undertakings operating in areas of activity subject to special requirements (hereinafter register);
2) has entered into a corresponding contract with a competent person specified in § 25 of this Act (hereinafter specialist in charge) or in the case of a sole proprietor, has the competence to act as a specialist in charge.
§ 25. Specialist in charge of performance of construction work on railways
(1) A specialist in charge of performance of construction work on railways is a person who:
1) is competent to manage and inspect the building of railway civil engineering works of the corresponding class;
2) advises the undertaking to guarantee compliance with the requirements provided for in this Act and the Building Act (RT I 2002, 47, 297; 99, 579; 2003, 25, 153) and legislation established on the basis thereof.
(2) In order to engage in performance of construction work on railways, a specialist in charge shall have:
1) higher education in the area of construction work or railways, and at least three years of practical work experience in the construction or management of the railway civil engineering works specified in clause 20 3) of this Act;
2) appropriate professional qualification within the meaning of the Professions Act (RT I 2001, 3, 7; 2002, 61, 375; 2003, 13, 68).
§ 26. Registration application
(1) An undertaking who wishes to engage in the performance of construction work on railways (hereinafter undertaking) shall submit a registration application to the authorised processor of the register.
(2) A registration application shall set out:
1) the name, commercial registry code, address and other contact details of the undertaking;
2) the class of railway civil engineering works specified in clause 3 20) of this Act which the undertaking wishes to build;
3) information concerning the specialist in charge of the undertaking;
4) the name, official title and contact details of the authorised person of the undertaking who signs the registration application.
(3) Information concerning the specialist in charge as specified in clause (2) 3) of this section is comprised of the following:
1) name, and personal identification code or, in the absence thereof, date of birth;
2) contact details;
3) the number of professional certificate, profession entered in the professional certificate, issuer of the professional certificate, date and place of issue of the professional certificate, and term thereof;
4) information concerning education and professional experience.
(4) The person who submits a registration application shall be responsible for the correctness of the information submitted to the register.
(5) An undertaking shall append a copy of the liability insurance contract specified in § 14 of this Act to the registration application.
(6) Before submission of a registration application, the applicant shall pay the state fee and submit the data regarding payment to the authorised processor together with the registration application.
(7) Subsection 42 (5) of the Building Act applies to the formal requirements for and procedure for submission of registration applications and applications for the amendment of registration information.
§ 27. Making of registration
(1) The authorised processor of the register shall make a registration or amend registration information on the basis of information submitted in a registration application, application for the amendment of registration information, or notice concerning a precept specified in subsections 78 (1) and (2) of this Act within two working days as of the date of receipt of the registration application, application for the amendment of registration information or notice concerning a precept.
(2) Registration information is:
1) the registration number;
2) the date of making the registration;
3) the name, commercial registry code, address and other contact details;
4) the area of activity specified by the undertaking in the registration application and the class of railway civil engineering works for the building of which the undertaking is applying for registration;
5) details of the specialist in charge pursuant to subsection 26 (3) of this Act;
6) information concerning a precept specified in subsections 78 (1) and (2) of this Act.
§ 28. Refusal to register
(1) The authorised processor of the register shall make a decision on refusal to register within two working days as of the date of receipt of a registration application or the deadline for elimination of the deficiencies in a registration application.
(2) Registration is refused if:
1) the undertaking does not meet the requirements provided for in this Act,
2) the registration application submitted by the undertaking does not conform to the requirements,
3) the undertaking has not paid the state fee,
4) the authorised processor of the register has deleted the registration information concerning the undertaking pursuant to clauses 29 (1) 2) or 4) of this Act during the sixty days prior to application, or
5) the undertaking submits incorrect information in the registration application.
(3) A notice concerning refusal to register shall be forwarded to the person who submitted the registration application within three working days as of the date on which the decision on refusal to register is made.
§ 29. Deletion of registration information
(1) The authorised processor of the register shall delete registration information within two working days
1) as of the date of receipt of a corresponding application of the undertaking specified in the registration information;
2) as of the date of expiry of the term for contestation of a decision of the Railway Inspectorate specified for in subsection 78 (5) of this Act, provided that the decision is not contested. If the decision is contested, the registration information shall be deleted within two working days as of the date on which the court judgment to uphold the contested decision of the Railway Inspectorate enters into force;
3) as of the date of the discovery of incorrect information which the undertaking specified in the registration information submitted by the registration application or application to amend registration information;
4) as of the date of entry into force of the court judgment by which the undertaking specified in the registration information is deprived of the right to operate in the registered area of activity, or
5) the liquidation of the undertaking or the death of a sole proprietor specified in the registration information.
(2) A notice concerning deletion of registration information shall be forwarded to the undertaking specified in the registration information within three working days as of the date on which the decision to delete the registration information is made.
§ 30. Notification of amendment of information
The undertaking specified in the registration information is required to inform the authorised processor of the register within fourteen days of:
1) changes to the registration information, except for the change of the address and other contact details specified in clause 27 (2) 3) or the information specified in clause 27 (2) 6) of this Act, or
2) termination of the activities specified in the registration information.
Division 2
Requirements for Performance of Construction Work on Railways
§ 31. Building design documentation, building permits and permits for use in performance of construction work on railways
(1) The detailed plan or design criteria which constitute the basis for the building design documentation of railway civil engineering works shall be approved by the Railway Inspectorate.
(2) The Railway Inspectorate conducts construction supervision within the meaning of subsection 59 (1) of the Building Act over the performance of construction work on railways, issues building permits and permits for use of railway civil engineering works and, in cases provided by subsection (3) of this section, grants written consent for the demolition or reconstruction of railway civil engineering works (hereinafter written consent). The Railway Inspectorate shall submit the building design documentation, building permits and permits to the local government for obtaining an opinion. The allowed period of use of temporary railway civil engineering works shall be determined by the Railway Inspectorate and set out in the building permit and permit for use.
(3) Written consent shall be obtained for demolition of station sidings, depot sidings, waiting and loading platforms, and for the reconstruction of railway superstructure. For safety reasons, the Railway Inspectorate has the right to demand submission of building design documentation in justified cases.
(4) The provisions of the Building Act apply to the application and issue of building permits, written permissions and permits for use in the performance of construction work on railways and to other acts of supervision over performance of construction work on railways, taking into account the specifications arising from this Act.
(5) The Railway Inspectorate shall send an application for a building permit and building design documentation to the local government for obtaining an opinion within twenty days as of the date of submission of the application for a building permit, building design documentation and, if expert assessment of the building design documentation is required, the results of such assessment. The local government shall provide an opinion within ten days as of the date on which the application for the building permit and the building design documentation are submitted by the Railway Inspectorate.
(6) The Railway Inspectorate shall send an application for a permit for use to the local government for obtaining an opinion within twenty days as of the date on which all documents necessary for grant of the permit for use are submitted. The local government shall provide an opinion within ten days as of the date on which the application for permit for use is submitted by the Railway Inspectorate
(7) The Railway Inspectorate shall grant or refuse to grant a building permit or permit for use within ten days as of the date on which the local governments provides its opinion. The Railway Inspectorate shall grant or refuse to grant written consent within ten days as of the date on which the application for written consent is submitted or, if building design documentation is required, as of the date on which the building design documentation (or relevant expert assessment results) are submitted.
§ 32. Grounds for refusal to grant written consent, building permit or permit for use
(1) The issue of a building permit shall be refused if:
1) the building design documentation does not meet the requirements for such documentation or does not correspond to the primary data for its preparation, including the established detailed plan or design criteria,
2) the requirements for railway civil engineering works have not been taken into consideration in the building design documentation,
3) the requirements prescribed for the preparation of building design documentation or the requirements for persons who prepare or verify building design documentation provided in § 47 of the Building Act have not been taken into consideration upon preparation of the building design documentation,
4) the building design documentation prepared for the building of railway civil engineering works is not based on the results of site investigations conducted at the location of the railway civil engineering works to be built,
5) the application for a building permit does not meet the requirements,
6) false information has been submitted upon application for the building permit,
7) in the event of building a temporary railway civil engineering works, the period of use requested for the railway civil engineering works is not equivalent the period of use determined for the railway civil engineering works by the Railway Inspectorate,
8) the state fee has not been paid,
9) assessment of the significant environmental impact has not been undertaken and such assessment is mandatory, or
10) demolition of the railway civil engineering works is in conflict with public interests.
(2) The grant of written consent shall be refused if:
1) the building design documentation does not meet the requirements set therefor;
2) after reconstruction, the railway civil engineering works does not meet the requirements set therefor, or
3) demolition of the railway civil engineering works is in conflict with public interests.
(3) The grant of a permit for use shall be refused if:
1) the intended purpose applied for the railway civil engineering works does not meet the requirements established for railway civil engineering works with similar intended purpose;
2) the owner of the railway civil engineering works applies for an intended purpose for the railway civil engineering works which is in conflict with public interests,
3) design criteria have been issued for building the railway civil engineering works or a part thereof but the intended purpose of the railway civil engineering works applied for by the owner does not conform to such criteria;
4) the application for a building permit does not meet the requirements,
5) the building design documentation submitted upon application for a permit for use does not meet the requirements,
6) the as-built drawings of the railway civil engineering works submitted upon application for a permit for use do not meet the requirements,
7) false information has been submitted upon application for the permit for use,
8) the railway civil engineering works does not conform to the requirements provided for in legislation,
9) in the event of the building of a temporary railway civil engineering works, the period of use requested for the railway civil engineering works is not equal to the period of use determined by the Railway Inspectorate for the railway civil engineering works,
10) the state fee has not been paid,
11) the technical construction documentation has not been submitted,
12) the technical construction documentation does not conform to the requirements, or
13) assessment of the significant environmental impact has not been undertaken and such assessment is mandatory.
(4) If the documents submitted upon application for a building permit, written consent or permit for use are insufficient, the Railway Inspectorate shall allow the applicant to eliminate the deficiencies within five working days as of the date of receipt of a notice to this effect from the Railway Inspectorate.
§ 33. Revocation of building permits, written consents and permits for use for railway civil engineering works
(1) The Railway Inspectorate shall revoke a building permit for a railway civil engineering works or written consent concerning a railway civil engineering works, if:
1) the owner of the railway civil engineering works requests revocation of the building permit or written consent,
2) the railway civil engineering works being built is dangerous to the life, health or property of persons or to the environment,
3) the owner of the railway civil engineering works fails to comply with a precept concerning the railway civil engineering works or the building thereof issued by the Railway Inspectorate or other state supervision authorities,
4) false information is knowingly submitted upon application for the building permit or written consent,
5) essential technical data concerning the railway civil engineering works entered in the building permit or written consent have changed,
6) the intended purpose of the railway civil engineering works has been changed in the course of building, or
7) it is necessary in the course of building a temporary railway civil engineering works to change the period of use thereof
(2) A building permit for a railway civil engineering works or a written consent becomes invalid if building is not commenced within two years as of the date of issue of the building permit or written consent.
(3) The Railway Inspectorate shall revoke a permit for use, if:
1) the owner of the railway civil engineering works requests revocation of the permit for use,
2) the railway civil engineering works is dangerous to the life, health or property of persons, or to the environment,
3) the owner of the railway civil engineering works fails to comply with a precept concerning the railway civil engineering works issued by the Railway Inspectorate or other state supervision authorities,
4) false information is knowingly submitted upon application for the permit for use, or
5) the railway civil engineering works has been demolished.
(4) The Railway Inspectorate shall revoke a building permit or written consent within ten days after the date of receipt of an application to this effect from the owner of the railway civil engineering works, or after the date on which the circumstances specified in clauses (1) 2)–7) of this section become known to the Railway Inspectorate.
(5) The Railway Inspectorate shall revoke a permit for use of a railway civil engineering works within ten days after the date of receipt of an application to this effect from the owner of the railway civil engineering works, or after the date on which the circumstances specified in clauses (3) 2)–5) of this section become known to the Railway Inspectorate.
Chapter 4
Railway Traffic and Safety
§ 34. Ensurance of safety
(1) Railway infrastructure managers and other possessors of railway infrastructure shall ensure safe traffic within their railway infrastructures and maintain the working order of the infrastructures such that safety is ensured. Rail transport undertakings and other possessors of rail vehicles shall ensure the safety of rail transport, and the compliance of the rail vehicles used by them with safety and other requirements currently in force. Such persons shall comply with the requirements and rules established according to subsection (2) of this section, and with all the rules and requirements related to environmental safety, fire safety, occupational safety, occupational health and public health protection.
(2) Technical requirements and operating rules for railway infrastructure and rail vehicles, railway traffic rules and requirements for railway maintenance, and requirements for rail transport shall be provided for in the rules for technical use of railways established by the Minister of Economic Affairs and Communications.
(3) Speed limits to ensure the safety of railway traffic shall be established by the railway infrastructure manager or other owner or possessor of a railway. If the established speed limits do not ensure safe traffic or are unjustified, the Railway Inspectorate has the right to issue precepts for modification of the speed limits to the railway infrastructure manager or other owner or possessor of a railway.
(4) The state of health of locomotive drivers, assistant locomotive drivers, drivers of special rail vehicles, and employees of a railway infrastructure manager responsible for railway safety or railway traffic control that is, station operators, train dispatches, shunting dispatchers, railway traffic operators, mechanics and assemblers of safety and communication equipment, switch operators, shunting foremen, wagon inspectors, track fitters, track masters, freight train guards, wagon brakers and signalmen (hereinafter together referred to as rail workers) shall comply with the established health requirements. The health requirements shall ensure that the rail workers’ state of health allows them to safely perform their duties. The health requirements for rail workers and the procedure for initial and routine medical examinations are established by the Government of the Republic.
(5) Railway infrastructure managers and other possessors of railway infrastructure are required to submit, for each calendar year, a report on verification of the compliance of the management of railway infrastructure and railway traffic with the requirements to the Railway Inspectorate not later than by 15 January of the following year. Rail transport undertakings and other possessors of rail vehicles registered or subject to registration in the railway traffic register and used for railway traffic are required to submit, for each calendar year, a report on verification of the compliance of the rail vehicles with the requirements to the Railway Inspectorate, not later than by 15 January of the following year. The Railway Inspectorate has the right to demand that a railway undertaking submit the report on compliance with the requirements by an earlier date than 15 January, and set the railway undertaking a reasonable term therefor.
(6) The Railway Inspectorate has the right to verify, at any time, the correctness of the information presented in the reports specified in subsection (5) of this section, and the compliance of the railway infrastructure, railway traffic management or rail vehicles with the established requirements, and the railway undertakings and other possessors of railway infrastructure or rail vehicles shall enable such verification at any time.
(7) The formats of the reports on verification of compliance of railway infrastructure, railway traffic management and rail vehicles with the requirements shall be established by the Minister of Economic Affairs and Communications.
(8) The Railway Inspectorate has the right to issue precepts to railway undertakings and other possessors of railway infrastructure or rail vehicles for compliance with the requirements established in the rules for technical use of railways pursuant to subsection (2) of this section, and with other requirements arising from this Act and other Acts, and set a reasonable term for compliance therewith.
(9) If a railway infrastructure manager fails to comply with a precept issued by the Railway Inspectorate within the set term, the Railway Inspectorate has the right to apply substitutive enforcement regarding the repair and maintenance work of the railway infrastructure pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act (RT I 2001, 50, 283; 94, 580). The Railway Inspectorate has the right to apply substitutive enforcement without issuing a precept if imminent danger to the life or health of persons or to the environment needs to be eliminated immediately.
(10) In the case of violation of the requirements established in the rules for technical use of railways resulting in imminent danger to railway traffic, the railway infrastructure manager has the right to remove a rail vehicle which does not comply with the requirements established in the rules for technical use of railways from the railway infrastructure, or to immediately take all measures to ensure the safety of railway traffic.
(11) If the use of a rail vehicle in railway traffic results in danger to the life or health of persons, or the environment, or if a rail vehicle used in railway traffic has not been registered, a duly authorised official of the Railway Inspectorate has the right to issue a precept to the railway undertaking or other possessor of rail vehicles for immediate removal of the rail vehicle from railway traffic.
(12) Railway undertakings in violation of requirements provided for in legislation are not compensated for any damages which may be caused thereto as a result of application of the measures set out in subsections (10) and (11) of this section.
§ 35. Operating rules of railway infrastructure managers
(1) A railway infrastructure manager shall manage a public railway on the basis of the operating rules of the railway infrastructure manager. Conditions for maintenance of railway infrastructure, railway traffic management and grant of use of the railway infrastructure to other persons shall be established by the operating rules.
(2) A railway infrastructure manager shall submit the operating rules specified in subsection (1) of this section and amendments thereto to the Minister of Economic Affairs and Communications for approval. The Minister of Economic Affairs and Communications shall decide on grant of approval within thirty days after the date on which the railway infrastructure manager submits an application to this effect.
(3) The Minister of Economic Affairs and Communications has the right to refuse to approve operating rules or amendments thereto, and request the amendment thereof, or declare the rules invalid if they are contrary to law or the rules for technical use of railways specified in subsection 34 (2) of this Act.
(4) A railway infrastructure manager shall publish the operating rules specified in subsection (1) of this section or amendments thereto on its web site or a publication approved by the Minister of Economic Affairs and Communications before entry into force of the rules or amendments.
(5) The operating rules or amendments thereto enter into force after they have been approved by the Minister of Economic Affairs and Communications but not earlier than forty-five days after the date on which the operating rules and amendments thereto are published.
§ 36. Employees responsible for railway safety and railway traffic control
Employees of a railway infrastructure manager responsible for railway safety or railway traffic control specified in subsection 34 (4) of this Act shall hold appropriate qualification certificates within the meaning of the Professions Act. The employees of a railway infrastructure manager who are responsible for railway safety or railway traffic control are granted professional qualifications for a period of four years.
§ 37. Railway protection zone
(1) A possessor of an immovable located within a railway protection zone shall not, by act or omission, hinder the use of the railway in accordance with its designated purpose, damage the state of the railway or endanger traffic.
(2) Construction of soil improvement systems, extraction of mineral resources, conduct of excavation operations, cutting of forest and other work which changes the natural environment, or production and storage of inflammable substances or explosives within a railway protection zone is permitted only with the prior written consent of the corresponding railway infrastructure manager, or other owner or possessor of the railway.
(3) Construction of buildings and civil engineering works, or storage or installation of equipment or materials within a railway protection zone in a manner which reduces visibility in the protection zone is permitted only with the prior written consent of the corresponding railway infrastructure manager, or other owner or possessor of the railway.
(4) Consent for clear cutting of forest located within a railway protection zone for purposes of railway maintenance or ensurance of traffic safety shall be granted to the owner of the immovable by the environmental authority of the location of the immovable taking into account, if possible, the written reasoned opinion of the railway infrastructure manager, or other owner or possessor of the railway.
(5) A railway infrastructure manager, or other owner or possessor of the railway has the right to request the opinion of the Railway Inspectorate if forest located in the protection zone restricts the visibility needed for ensuring the safety of railway traffic and the owner of the immovable refuses to apply for consent for clear cutting of forest from the environmental authority of the location of the immovable or refuses to remove the forest by clear cutting, or if other woody flora which, within the meaning of the Forest Act (RT I 1998, 113/114, 1872; 1999, 54, 583; 82, 750; 95, 843; 2000, 51, 319; 102, 670; 2001, 50, 282; 2002, 61, 375; 63, 387), is not forest restricts the visibility needed for ensuring the safety of railway traffic, and the owner of the immovable refuses to remove the woody flora by clear cutting. If the Railway Inspectorate finds that clear cutting of forest or other woody flora is necessary for ensuring the safety of railway traffic, the Railway Inspectorate has the right to demand that the environmental authority of the location of the immovable grant the railway infrastructure manager, or other owner or possessor of the railway consent for clear cutting of the forest or other woody flora.
(6) In the case of clear cutting of forest or other woody flora located within the railway protection zone, the owner of an immovable located in the railway protection zone has the right to demand compensation for only direct damage from the railway infrastructure manager, or other owner or possessor of the railway.
(7) Restrictions to clear cutting arising from the Forest Act do not apply to the clear cutting of forest provided in subsections (4) and (5) of this section.
§ 38. Railway crossings
(1) Vehicles, pedestrians and driven cattle shall cross railways only by railway level crossings prescribed and marked for that purpose, and pedestrians may cross railways by pedestrian crossings pursuant to the procedure provided for in the Traffic Act (RT I 2001, 3, 6; 2002, 92, 531; 90, 521; 105, 613; 110, 654 and 655; 2003, 26, 156; 32, correction notice).
(2) The railway infrastructure manager, or other owner or possessor of the railway is required to ensure the maintenance of railway level crossings and pedestrian crossings and the installation of traffic control devices, and railway safety on railway ground areas on the bases of and pursuant to the procedure provided for in the rules for technical use, except for winter maintenance work on the entire area of a railway crossing which shall be performed by the owner of the road. The person performing winter maintenance work on a railway crossing shall obtain approval for the technical details of the winter maintenance work from the railway infrastructure manager, or other owner or possessor of the railway.
(3) If several railway tracks with axes less than 20 metres apart cross a road at the same level, the entire area where the road and the railways cross is deemed to be a single railway crossing, and the maintenance of such railway crossing, installation of traffic control devices and railway safety on the railway ground area shall be ensured by the railway infrastructure manager who is managing a public railway and in the case the railway crossing does not include a public railway, performance of such work shall be ensured by the owner or possessor of the railway with the highest traffic intensity. Such person has the right to demand proportionate compensation by the other owners or possessors of railways of the costs incurred upon ensuring the maintenance of the railway crossing, installation of traffic control devices and railway safety on the railway ground area.
§ 39. Temporary restriction or closure of railway traffic
(1) In cases arising from the law, railway traffic on a public railway may be substantially restricted or temporarily closed by the railway infrastructure manager for up to one twenty-four hour period. Railway traffic on public railways may be substantially restricted or temporarily closed for more than one twenty-four hour period pursuant to the procedure established by the Government of the Republic.
(2) Temporary closure or substantial restriction of railway traffic shall be justified and unavoidable. A railway infrastructure manager shall inform the Railway Inspectorate of planned or emergency restriction or closure of railway traffic, and provide the reasons therefor.
(3) Railway traffic may be restricted or closed if it is necessary:
1) for the performance of rail maintenance work;
2) for the elimination of imminent danger to the life or property of persons or to the environment caused due to the technical state of railway infrastructure or rail vehicles;
3) for the removal of an extraordinary traffic obstruction caused by an accident, a traffic accident or natural disaster, sudden change in weather conditions or other circumstances;
4) in other justified and unavoidable cases.
(4) If railway traffic endangers the life or property of persons or the environment, an authorised official of the Railway Inspectorate has the right to issue a precept to the railway infrastructure manager, or other owner or possessor of the railway for the closure or substantial restriction of railway traffic.
§ 40. Railway collisions and railway incidents
(1) Railway collisions are divided into railway collisions in the first and second degree, and railway accidents; in addition to the above, railway incidents, and cases of rail vehicles running down persons on the railway who receive bodily injuries or are killed as a result of the impact (hereinafter accidents) can be distinguished.
(2) A railway collision in the first degree is a traffic accident which takes place on a railway and results in at least one of the following consequences:
1) extensive fire;
2) significant environmental pollution;
3) loss of one or several lives (except in cases where a rail vehicle runs down a person on the railway and no other consequences result);
4) suspension of railway traffic for longer than one twenty-four hour period.
(3) A railway collision in the second degree is:
1) the collision of a passenger or freight train with another train or other rail vehicle;
2) the collision of a passenger or freight train with another means of transport (motor vehicle);
3) the collision of a passenger or freight train with an object located on the railway or within the external dimensions of the railway structure resulting in the rail vehicle rendered unusable;
4) derailing of a rail vehicle in train consist;
5) a rail vehicle passing a railway traffic light signal which prohibits passing, if direct danger of collision with another train or other rail vehicle is caused thereby;
(4) The following are deemed to be railway accidents:
1) collision, upon shunting, of a rail vehicle with another rail vehicle, an object located on the railway or within the external dimensions of the railway structure;
2) derailing of a rail vehicle upon shunting resulting in the rail vehicle rendered unusable;
3) parts of a rail vehicle falling on the tracks if it results in damage to the tracks or signalling equipment;
4) breaking of a bogie centre transom, automatic coupler or part of the bogie of a rail vehicle in train consist;
5) breaking of an axle of a wheel or wheelset of a rail vehicle of a moving train;
6) breaking of a rail under a train which results in suspension of rail traffic for longer than four hours;
7) changing of the position of switch blades under a train;
8) causing damage, due to violations of the rules for technical use of railways, to buildings or civil engineering works which do not belong to the railway infrastructure.
(5) The following events are deemed to be railway incidents:
1) a rail vehicle passing a railway traffic light signal which prohibits it if no direct danger of collision with another train or other rail vehicle is caused thereby, except if passing is permitted by the rules for technical use of railways;
2) derailing of a rail vehicle upon shunting;
3) receiving a train to an occupied track, except if it is permitted by the rules for technical use of railways;
4) dispatching of a train to an occupied section between stations (block area), except if it is permitted by the rules for technical use of railways;
5) receiving or dispatching of a train by an unprepared route;
6) a rail vehicle moving inadvertently to a dispatch track, entering track or section between stations;
7) forcing open of a point of a centralised switch;
8) inadvertent uncoupling of a passenger train;
9) dispatching of a train with closed wagon traction brake controllers;
10) failure to delimit a dangerous area for train operations with signals which results in emergency braking;
11) abandoning a passenger carriage due to a technical failure before the train reaches the station of destination;
12) technical failure of signalling or communication equipment which lasted for a period longer than four hours;
13) a load becoming unfastened during the running time of a train if this results in the suspension of railway traffic for a period longer than four hours;
14) engine failure in a train if it resulted in the assistance of an assisting locomotive.
(6) In the case of a railway accident, railway incident or an accident, the railway infrastructure manager or other possessor of railway infrastructure has the obligation to remedy the effects of the railway accident, railway incident or the accident, and to restore railway traffic as quickly as possible.
(7) In the case of a railway collision, the state and local governments shall provide, through their agencies, all possible assistance to remedy the effects of the collision and restore railway traffic as quickly as possible pursuant to the procedure provided for in the Rescue Act (RT I 1994, 39, 424; 1998, 28, 598; 2000, 50, 316; 2001, 50, 283; 2002, 42, 267; 61, 375; 63, 387).
§ 41. Notification of Railway Inspectorate
(1) Railway infrastructure managers and other possessors of railway infrastructure shall immediately notify the Railway Inspectorate of railway collisions in the first and second degree. Initial notice shall be given of such facts through any means of communication disclosed by the Railway Inspectorate, followed by a written notice.
(2) A railway infrastructure manager or other possessor of railway infrastructure shall submit a written report on the circumstances related to a railway collision in the first or second degree to the Railway Inspectorate within three days after the date on which the railway collision takes place.
(3) A railway infrastructure manager or other possessor of railway infrastructure shall notify the Railway Inspectorate of a railway accident by a written report which shall be submitted to the Railway Inspectorate after the causes of the railway accident and other circumstances have been investigated but not later than within five working days after the date on which the railway accident takes place.
(4) A railway infrastructure manager or other possessor of railway infrastructure shall notify the Railway Inspectorate of the railway incidents and of accidents which take place within a calendar month by a summary which shall be submitted to the Railway Inspectorate not later than on the fifth day of the following month.
(5) The Railway Inspectorate shall forward the information received concerning railway collisions, railway incidents, and accident to the permanent structural unit of the Ministry of Economic Affairs and Communications specified in subsection 42 (1) of this Act.
(6) A railway infrastructure manager or other possessor of railway infrastructure is required to take all measures to ascertain the causes of a railway collision or railway incident and where necessary, of an accident.
(7) The procedure for submission of written notices concerning railway collisions, and the standard format for written notices, reports, and summaries to be submitted concerning railway incidents, and accidents shall be established by the Minister of Economic Affairs and Communications.
§ 42. Investigation of railway collisions and railway incidents
(1) For the purpose of investigating railway collisions and railway incidents, the Government of the Republic shall establish a structural unit within the Ministry of Economic Affairs and Communications (hereinafter investigation unit) which shall be independent in its investigation decisions.
(2) The investigation unit has the right to involve experts in the investigation and make proposals for the formation of investigation committees to the Minister of Economic Affairs and Communications. Authorities associated with an investigation are required to provide the investigation unit, members of the investigation unit and experts with necessary assistance within the limits of their competence.
(3) The main objective of railway collision or railway incident investigation shall be to determine the causes of the railway collision or railway incident and where necessary, the causes of an accident in order to prevent such collisions, incidents and accidents in the future.
(4) The investigation unit is required to investigate railway collisions in the first and in the second degree.
(5) The investigation unit has the right to decide whether or not to initiate investigations concerning a railway accident, railway incident or accident. In making such decision, the investigation unit shall take into account the seriousness of the railway accident, railway incident or accident. In assessing the seriousness of a railway accident, railway incident or accident, the investigation unit shall take into account the opinion of the Railway Inspectorate and other circumstances.
(6) The investigation unit, investigation committee and experts have the right of access to the scene of the railway collision or railway incident, the rail vehicles involved in the collision or incident, the railway infrastructure and traffic control and signalling devices. They also have the right to question all persons who possess information relevant to the investigation and the right of access to all information and documents concerning the matter independently or in co-operation with the authority conducting preliminary investigation in the criminal matter.
43. Investigation reports
(1) The investigation unit, or if an investigation committee has been formed, the investigation committee shall prepare a written investigation report not later than within twelve months after the date on which a railway collision or railway incident takes place and shall forward such report to all relevant persons and state authorities. Railway traffic safety recommendations shall constitute an integral part of an investigation report.
(2) By 30 September each year, the investigation unit shall publish an annual report which presents an overview of the railway collisions and railway incidents investigated during the previous calendar year, and sets out railway traffic safety recommendations.
Chapter 5
Driving of Rail Vehicles
§ 44. Right to drive rail vehicles
(1) Rail vehicles used for rail transport are driven by a locomotive crew which consists of two members: the locomotive driver and the assistant locomotive driver. The locomotive driver may drive rail vehicles used for rail transport without the presence of an assistant locomotive driver only in if the rail transport undertaking or other owner or possessor of rail vehicles has established rules for driving rail vehicles without the presence of assistant locomotive drivers and the locomotive has been fitted with a device which enables the train to be stopped if the locomotive driver is unable to drive the locomotive.
(2) The rail transport undertaking or other owner or possessor of rail vehicles shall submit the draft for the rules on driving rail vehicles without the presence of assistant locomotive drivers specified in subsection (1) of this section to the Railway Inspectorate for prior approval. The Railway Inspectorate may refuse to approve the rules of driving rail vehicles without the presence of assistant locomotive drivers if the rules do not guarantee the safety of transport carried out by way of rail vehicles being driven without the presence of assistant locomotive drivers. The rules enter into force after approval thereof by the Railway Inspectorate.
(3) A person who holds a locomotive driver's licence issued in Estonia may work as a locomotive driver. A person who holds a locomotive driver's licence issued in a foreign state may work as a locomotive driver in Estonia only if his or her professional qualifications are recognised according to the Recognition of Foreign Professional Qualifications Act (RT I 2000, 29, 168; 2002, 61, 375; 69, correction notice; 90, 521; 2003, 21, 124).
(4) Assistant locomotive drivers and drivers of special rail vehicles shall have professional qualifications within the meaning of the Professional Qualifications Act. Assistant locomotive drivers and drivers of special rail vehicles are granted professional qualifications for a period of five years.
(5) Railway infrastructure managers and other possessors of rail vehicles shall prohibit persons who have consumed alcohol, narcotic, psychotropic or other psychotoxic substances from performing the duties of a locomotive driver, driver of special rail vehicles or assistant locomotive driver.
(6) Railway infrastructure managers have the right to remove a locomotive driver or driver of special rail vehicles from driving the rail vehicle, or remove an assistant locomotive driver from the performance of his or her duties if there is good reason to believe that such person has consumed alcohol, narcotic, psychotropic or other psychotoxic substances, and immediate notice shall be given of such fact to the rail transport undertaking or other possessor of rail vehicles.
§ 45. Application for locomotive driver's licences and extension of locomotive driver's licences
(1) Locomotive driver’s licences are issued and extended by the Railway Inspectorate.
(2) In order to apply for a locomotive driver’s licence, a person must pass a theory examination and a practical driving test at the Railway Inspectorate. The costs of a practical driving test shall be covered by the applicant, or the rail transport undertaking or other undertaking engaged in rail transport at whose referral the person is applying for the licence. A practical driving test is organised on a public railway on the basis of an application to this effect submitted to the railway infrastructure manager by the Railway Inspectorate.
(3) If an applicant for a locomotive driver’s licence does not wish to engage in driving rail vehicles on a public railway, the practical driving test may be organised on a railway infrastructure which is not a public railway. In such case, a notation shall be made on the locomotive driver’s licence stating that the issued locomotive driver’s licence does not grant the its holder the right to drive rail vehicles on a public railway.
(4) A locomotive driver’s licence shall be valid for five years. The term of a locomotive driver’s licence shall be extended prior to the expiry thereof. In order to have his or her locomotive driver’s licence extended, a locomotive driver shall pass a theory examination at the Railway Inspectorate.
(5) A person shall pay the state fees before submission of an application for issue or extension of a locomotive driver’s licence.
(6) The Railway Inspectorate shall refuse to issue or extend a locomotive driver’s licence in the following cases:
1) the applicant’s theory examination or practical driving test results are insufficient for passing the examination or test;
2) the applicant has submitted incorrect information concerning himself or herself in the application;
3) the applicant has not paid the state fee;
4) the applicant’s right to drive rail vehicles has been deprived pursuant to the procedure provided by law and his or her right to drive has not been restored;
5) the applicant’s right to drive has been suspended pursuant to the procedure provided by law and his or her right to drive has not been restored.
(7) The rules for the issue, extension and issue of copies of locomotive driver’s licences, the format of locomotive driver’s licences and the procedure for administration of examinations to locomotive drivers shall be established by the Minister of Economic Affairs and Communications.
§ 46. Requirements for knowledge and skills of locomotive drivers
(1) A locomotive driver must have knowledge in:
1) the rules for technical use of railways;
2) fire safety requirements and fire-fighting equipment;
3) environmental protection requirements and requirements for avoiding environmental pollution;
4) occupational health, occupational safety and health protection requirements;
5) practical emergency aid;
6) the build of the relevant type of locomotive;
7) the build of automatic brakes and automatic couplers;
8) the use of safety and communication equipment of locomotives;
9) practical detection and removal of failures in the locomotive while running;
10) the rules for the maintenance and repair of rail vehicles.
(2) A locomotive driver shall be acquainted with the profile of the tracks, the location of the traffic lights and other signalling devices in the corresponding operational area, the regulations concerning the technical organisation in the stations falling within the operational area, and the speed limits established by the railway infrastructure manager within the operational area. A railway infrastructure manager or other owner or possessor of railways on whose railway a locomotive driver is driving shall take appropriate measures in order to guarantee adherence to such requirements. The corresponding measures shall be provided by a railway infrastructure manager in the conditions of its operating rules, which constitutes the basis for granting railway undertakings the use of the railway infrastructure (requirements for driving experience of locomotive drivers).
(3) In order to guarantee adherence to the requirements provided in subsection (2) of this section, a railway infrastructure manager is required to organise, for a reasonable charge, driving instruction and driving practice for the locomotive drivers and locomotive crews of the railway undertakings to whom it has granted railway capacity.
§ 47. Temporary removal from driving rail vehicles
(1) An official of the Railway Inspectorate or police officer shall remove a person temporarily from the driving of a rail vehicle on the bases and pursuant to the procedure provided for in § 201 of the Traffic Act.
(2) If a person fails to submit, at the moment of inspection, a document which certifies his or her the right to drive rail vehicles, the supervisory official shall issue a precept to the person to submit such document to the supervisory official who issued the precept within five days after the date on which the precept is issued.
(3) Upon failure to comply with the precept, the supervisory official may impose penalty payment pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act. The upper limit for a penalty payment is 10 000 kroons.
§ 48. Deprivation and suspension of right to drive rail vehicles
(1) A person whose state of health does not comply with the established requirements shall be deprived, on the basis of a decision of a medical committee, of the right to drive rail vehicles, including special rail vehicles, or such right shall be suspended.
(2) Depending on the nature and severity of the violation, a person who violates railway traffic requirements may be deprived of the right to drive rail vehicles or such right may be suspended pursuant to the procedure provided by law.
(3) A locomotive driver who has been deprived of his or her right to drive or whose right to drive has been suspended shall immediately return his or her driving licence to the Railway Inspectorate.
(4) Suspension of the right to drive rail vehicles means prohibiting a person from driving rail vehicles during the period provided in subsection (5) of this section.
(5) The right to drive rail vehicles shall be suspended:
1) for the period of conduct of proceedings in a matter of a misdemeanour provided for in §§ 88 or 90–94 of this Act;
2) for the period of up to twenty-four months on entry into force of a decision on imposing a punishment on a person for a misdemeanour provided for in §§ 88 or 90–94 of this Act;
3) until the time that a person passes the theory examination or, in the case specified in subsection 49 (3) of this Act, the theory examination and the practical driving test required for extension of his or her locomotive driver’s licence, if the person has failed the examination or test;
4) on the basis of a decision of a medical committee if the person’s state of health does not comply with the established requirements.
(6) A decision to suspend a person's right to drive rail vehicles shall set out the following:
1) the date and place of making the decision;
2) the given name, surname and position of the person who makes the decision and the name and address of the authority;
3) the given name, surname and residence of the locomotive driver, driver of a special rail vehicle, or assistant locomotive driver;
4) essential data entered in the professional certificate of the locomotive driver, driver of a special rail vehicle, or assistant locomotive driver;
5) the bases of and the term for suspension of the right to drive;
6) the procedure for appeal against the decision;
7) the signature of the person who prepares the decision.
(7) The decision shall be made in two original copies of which the first shall be given to the person immediately after the decision is signed. The person shall sign the other original copy of the decision and set out the date of receipt of the decision.
(8) The right to drive a rail vehicle is suspended as of the moment of making the decision.
(9) The courts and the Railway Inspectorate have the right to suspend the right to drive rail vehicles.
§ 49. Restoration of right to drive rail vehicles
(1) If a person's right to drive rail vehicles has been suspended or the person has been deprived of the right to drive rail vehicles for a period of six to twelve months, his or her right to drive is restored after passing the theory examination.
(2) If a person's right to drive rail vehicles has been suspended or the person has been deprived of the right to drive rail vehicles for longer than twelve months, his or her right to drive is restored after passing the theory examination and the practical driving test.
(3) If the right to drive rail vehicles has been suspended on the basis of clause 48 (5) 3) of this Act, the right to drive is restored if the person passes the theory examination within twelve months after the date of expiry of the term for extension of the locomotive driver’s licence. If more than twelve months have passed from the date of expiry of the term for extension, the right to drive is restored if the person passes the theory examination and the practical driving test.
(4) If a person's right to drive special rail vehicles or to work as an assistant locomotive driver has been suspended or the person has been deprived of the right to drive special rail vehicles for longer than twelve months, his or her right to drive is restored if he or she passes the examination for attestation of professional qualifications at the body for the award of professional qualifications.
Chapter 6
Access to Public Railways and Distribution of Railway Capacity
§ 50. Access to public railways
(1) Rail transport undertakings have the right to use public railways for the provision of rail transport services without discrimination with regard to fees for the use of railway infrastructure, and the time and other conditions of use of the railway infrastructure.
(2) Upon allocation of railway capacity by railway infrastructure managers, the train paths necessary for the provision of public rail transport services for passengers in international direct connection shall have first priority. Rail transport undertakings who provide public rail transport services in direct international connection according to international agreements and who comply with the terms and conditions of such agreements shall be given first priority.
(3) Upon allocation of capacity, the train paths necessary for the provision of domestic public rail transport services for passengers shall have second priority. The Ministry of Economic Affairs and Communications shall inform railway infrastructure managers of the need for provision of domestic public rail transport services for passengers by the term specified in subsection 52 (1) of this Act. For provision of domestic public rail transport services for passengers, public service contracts shall be entered into with rail transport undertakings pursuant to the procedure provided in the Public Transport Act (RT I 2000, 10, 58; 2001, 18, 85; 2002, 53, 336; 61, 375; 63, 387; 110, 654; 2003, 20, 116; 58, 387; 71, 471).
(4) In order to be granted first or second priority provided in subsections (2) or (3) of this section, rail transport undertakings shall be designated, at their request, as rail transport undertakings providing public rail transport services for passengers pursuant to the procedure established on the basis of subsection 9 (2) of this Act.
(5) In order to organise operation on train paths which run through more than one railway network, railway infrastructure managers shall co-operate with other railway infrastructure managers or, in the case provided in this Act, with the Railway Inspectorate. In order to organise operation on international train paths, railway infrastructure managers shall co-operate with the bodies of other states authorised to distribute capacity.
§ 51. Publication of conditions for access to railway infrastructure
(1) After consultations with rail transport undertakings, relevant bodies authorised to distribute capacity and other interested persons, a railway infrastructure manager is required to prepare, for each timetabling period, a notice concerning railway network which shall set out the conditions for access to railway infrastructure. A railway infrastructure manager shall make a notice concerning railway network available to interested persons at an address approved by the Minister of Economy and Communications not later than four months before the expiry of the term for submission of applications for capacity. A railway infrastructure manager is required to update the information set out in a notice concerning railway network, and amend it as necessary.
(2) The volume of the capacity to be distributed is the largest possible total number of trains which may pass through a railway section between the station of origin and the station of destination calculated taking into account the technological restrictions of the railway traffic (speed limits established on the railway, the length of time needed for acceleration and braking of trains, technological possessions, possible deviations from normal railway traffic, etc) from which the railway capacity covered by valid contracts for use of railway infrastructure is deducted.
(3) A notice concerning railway network shall set out the following information:
1) the technical characteristics of the railway infrastructure and access thereto;
2) details for calculation of user fees for railway infrastructure regarding basic and extra services ensuring access (and where necessary, assistance services) pursuant to the methodology for calculation of user fees for railway infrastructure established on the basis of subsection 59 (6) of this Act, and the projected cost of user fees for the next timetabling period;
3) principles and criteria for distribution of capacity, a general description of capacity to be distributed, calculation of volume of capacity and technological restrictions to the use of capacity, including the deadlines and duration of planned railway maintenance work, railway capacity covered by contracts for use of railway infrastructure and possibilities for application for single railway capacities intended for specific purposes;
4) the procedure for application for capacity and distribution thereof, and the terms for processing the application;
5) the principles of the co-ordination procedure;
6) principles of distribution of capacity in the event of capacity depletion;
7) other essential conditions of distribution of access to railway infrastructure and distribution of capacity.
(4) A railway infrastructure manager has the right to collect a reasonable charge for issue of a notice concerning railway network which shall not exceed the costs of printing and making the information available. A notice concerning railway network shall be issued to the Railway Inspectorate and the Minister of Economic Affairs and Communications free of charge.
(5) In order to verify the correctness of information presented in a notice concerning railway network, the Minister of Economic Affairs and Communications has the right to demand additional information, clarifications and documents from the railway infrastructure manager. If incomplete or incorrect information is discovered in a notice concerning railway network or the notice has not been prepared in compliance with the requirements provided by this Act, the Minister of Economic Affairs and Communications has the right to issue a precept to the railway infrastructure manager for elimination of the deficiencies.
(6) A railway infrastructure manager is required to enter the amendments made pursuant to a precept specified in subsection (5) of this section in the notice concerning railway network not later than within five days after the date on which the precept is received and, within the same term and at the railway infrastructure manager’s expense, forward such amendments to all persons who, by such time, have received the notice concerning railway network.
§ 52. Time-scheme for distribution of capacity
(1) Applications for capacity shall be submitted to a railway infrastructure manager not later than within twelve months before the beginning of each timetabling period.
(2) Rail transport undertakings who have been granted first or second priority as specified in subsections 50 (2) or (3) of this Act shall be guaranteed railway capacity before the applications by other rail transport undertakings are reviewed.
(3) A draft timetable for each subsequent period shall be completed within four months after the expiry of the term for submission of applications for capacity. Such term must be respected even in the event of capacity depletion as provided in subsection 56 (1) of this Act.
(4) The timetable for each subsequent period shall be approved not later than within four months before the beginning of the relevant timetabling period.
§ 53. Applicants for capacity
Railway undertakings who hold an operating licence for provision of rail transport services for passengers or rail transport services for goods have the right to apply for capacity, and possessors of rail vehicles who are not rail transport undertakings have the right to apply for single railway capacities intended for specific purposes. Railway infrastructure managers have the right to apply for capacity in the case specified in subsection 55 (2) of this Act.
§ 54. Timetable and timetabling period
(1) A timetable shall be established once a year. Making of adjustments to timetables due to changes in times arising from application of or failure to apply Daylight Saving Time by other states is not deemed to be establishment of a new timetable.
(2) Railway infrastructure capacity shall be distributed based on a timetabling period with a duration of twelve months beginning at the last Sunday of May each year.
(3) A railway infrastructure manager may enter into a contract for use of railway capacity with an applicant for railway capacity with a term of up to five consecutive timetabling periods whereas, railway capacity shall be specified separately for each timetabling period.
(4) A railway infrastructure manager may enter into a contract with an applicant for a longer term than specified in subsection (3) of this section, which shall however, not be longer than ten consecutive timetabling periods, only if the applicant has made long-term investments for the provision of rail transport services and is able to present proof of such investments or, if the applicant undertakes in writing to make long-term investments for the provision of rail transport services and provides a written schedule for making such investments.
(5) Entry into the contracts provided for in subsections (3) and (4) of this section shall not preclude the use of capacity by other rail transport undertakings.
(6) Before entry into a contract provided in subsection (4) of this section, such contract shall be submitted for approval to the Minister of Economic Affairs and Communications who shall refuse to approve the contract if entry into contract for ten consecutive timetabling periods has not been grounded according to subsection (4), or the investments provided as proof are not certified or sufficient, or if entry into contract would preclude the possibility to use the capacity by other rail transport undertakings. In order to decide on approval of the contract, the Minister of Economic Affairs and Communications has the right to demand additional information, clarifications and documents from the railway infrastructure manager.
(7) The Minister of Economic Affairs and Communications has the right to monitor compliance with the written schedule for making the investments provided in subsection (4) of this section. In the case of failure to adhere to the written schedule for making the investments, the contract entered into for use of capacity is subject to premature termination.
§ 55. Distribution of railway capacity and co-ordination procedure
(1) Railway infrastructure managers are required to satisfy, to the widest possible extent, applications for railway capacity submitted by rail transport undertakings, including the applications for rain paths which run through more than one railway network. Prior to allocation of train paths running through more than one railway network, the relevant bodies authorised to distribute capacity shall co-ordinate their activity such that capacity may be distributed between the rail transport undertakings at the best possible terms and conditions.
(2) A rail transport undertaking wishing to apply for a train path running through more than one railway network has the right to request capacity only from one railway infrastructure manager who in such case has the obligation to act on behalf of the applicant and request the needed capacity from other bodies authorised to distribute capacity.
(3) After reviewing the applications, a railway infrastructure manager shall prepare a draft timetable which shall be made available to persons interested at the address provided in subsection 51 (1) of this Act. Interested persons have the right to present, within thirty days after the date on which a draft timetable is made available to the public, their opinions which shall be taken into consideration by the railway infrastructure manager as far as possible.
(4) If it becomes evident upon review of applications for capacity that several applicants are applying for the same railway capacity or railway capacities which partially overlap, the railway infrastructure manager is required to organise a co-ordination procedure.
(5) A co-ordination procedure for distribution of capacity means the activity of the railway infrastructure manager for adjusting the capacities applied for with the framework of the timetable which shall be achieved by way of negotiations with the applicants and making them best possible proposals. In the course of the co-ordination procedure, the railway infrastructure manager consults with the applicants and makes a proposal for distribution of capacity to them suggesting reasonable limitations. In making the proposal, the railway infrastructure undertaking shall evaluate the possible repercussions of such proposal to the business of the applicants.
(6) If applicants fail to come to an understanding, the railway infrastructure manager has the right to make a co-ordinating decision for satisfying the applications and settling the disputes which shall take into account, as far as possible, the financial interests of all applicants. The railway infrastructure manager shall inform the applicants of preparation of a co-ordination decision on its website. A co-ordinating decision shall be made within ten working days after the date on which the notice concerning preparation of the co-ordinating decision is published.
(7) In organising a co-ordination procedure and making a co-ordinating decision, a railway infrastructure manager is required to observe the procedure and principles for co-ordination procedure expressed in the notice concerning railway network.
(8) Co-ordination procedure shall be organised in such manner that possible depletion of railway infrastructure capacity provided in subsection 56 (1) of this Act could be foreseen at least ten months before the beginning of the next timetabling period.
§ 56. Depletion of railway infrastructure capacity
(1) If it becomes evident in the course of co-ordination procedure for distribution of capacity that all the applications concerning a certain part of the railway network cannot be satisfied, the railway infrastructure manager shall declare the capacity of the relevant part of the railway network to be depleted and immediately notify the Minister of Economic Affairs and Communications thereof.
(2) In the event of capacity depletion upon distribution thereof, all railway undertakings belonging to the same group or other railway undertakings connected to each other through control within the meaning of the Competition Act (RT I 2001, 56, 332; 93, 565; 2002, 61, 375; 63, 387; 82, 480; 87, 505; 102, 600; 2003, 23, 133) are deemed to be one railway undertaking.
(3) Railway infrastructure managers shall prescribe the criteria and procedure for distribution of capacity in the event of capacity depletion in the notice concerning railway network, and they are required comply with such criteria and procedure.
(4) In the event of capacity depletion, capacity shall be distributed such that the maximum possible number of railway undertakings who have applied are granted railway capacity. In order to guarantee adherence to such principle, a railway infrastructure manager shall prescribe, taking into consideration the market situation, a reasonable limit for capacity to be allocated to a single rail transport undertaking in the event of capacity depletion regardless of the criteria used upon distribution of capacity.
(5) In the event of capacity depletion, a railway infrastructure manager has the right to organise distribution of capacity by way of an auction for access fees where the applicants who submitted the highest tenders are granted capacity. In organisation of an auction for access fees, a railway infrastructure manager shall take into consideration the principle provided in subsection (4) of this section.
(6) In justified cases of capacity depletion, the railway infrastructure manager has the right to use other criteria for distribution of capacity than that which is provided in subsection (5) of this section. Selected criteria must be described and justified beforehand in the notice concerning railway network and it must conform to the principles provided in subsection (4).
(7) A railway infrastructure manager has the right to impose the access fees provided in subsection (5) of this section or other possible fees payable by the rail transport undertakings, in addition to the user fees for railway infrastructure, to the railway infrastructure manager in the event of capacity depletion only for application of the measures set forth in the plan for increasing railway infrastructure capacity provided in § 57 of this Act. The Ministry of Economic Affairs and Communications has the right to monitor compliance of railway infrastructure managers with such requirement and to require information, explanations and documents for such purpose from the railway infrastructure managers.
(8) A railway infrastructure manager loses the right to collect other fees except user fees for railway infrastructure from rail transport undertakings if the railway infrastructure manager fails to prepare the plan for increasing railway infrastructure capacity by the prescribed term, or fails to apply the measures set forth in the plan for increasing railway infrastructure capacity within one year as of the date of approval of such plan by the Minister of Economic Affairs and Communications, or fails to impose the access fees provided in subsection (5) of this section or other possible fees payable by the rail transport undertakings, in addition to the user fees for railway infrastructure, to the railway infrastructure manager for application of the measures set forth in the plan for increasing railway infrastructure capacity provided in § 57 of this Act, unless the railway infrastructure manager was unable to apply the measures set forth in the plan for increasing railway infrastructure capacity due to reasons independent of the railway infrastructure manager.
(9) The notice concerning railway network shall include, for the event of the circumstances specified in subsection (8) of this section arising, criteria and procedure for distribution of capacity which enable distribution of capacity in the case of capacity depletion such that only user fees are collected from rail transport undertakings for access to railway infrastructure. Such criteria and procedure must conform to the principles provided in subsection (4).
§ 57. Plan for increasing railway infrastructure capacity
(1) Within six months after declaring railway capacity to be depleted, the railway infrastructure manager is required to perform a capacity analysis. Such analysis is performed in order to clarify the reasons for capacity depletion and to determine the financial and technical measures needed for removal of the depletion and creation of additional capacity.
(2) Within six months after a capacity analysis is performed, the railway infrastructure manager shall prepare a plan for increasing capacity. In plan preparation, the railway infrastructure manager shall take into account the proposals made by the users of the railway infrastructure. The plan for increasing capacity shall be submitted to the Ministry of Economic Affairs and Communications for approval.
(3) A plan for increasing railway infrastructure capacity shall contain the following information:
1) reasons for capacity depletion;
2) forecasted developments in railway traffic at the time of implementation of the plan for increasing capacity;
3) circumstances preventing development of railway infrastructure;
4) possibilities and costs of increasing capacity, including forecasted changes in fees for the use of railway infrastructure after increase of capacity;
5) measures applied for increase of capacity and a schedule for implementation thereof.
(4) The Minister of Economic Affairs and Communications has the right to refuse to approve a plan for increasing railway infrastructure capacity if the plan does not comply with the requirements provided in subsection (3) of this section, and to set, by way of precept, the railway infrastructure manager a term for elimination of the deficiencies.
(5) A railway infrastructure manager is required to apply reasonable effort to implement the measures set forth in the plan for increasing railway infrastructure capacity. A railway infrastructure manager shall publish a plan for increasing railway infrastructure capacity on its website after the plan has been approved by the Minister of Economic Affairs and Communications.
§ 58. Basic services, extra services and assistance services ensuring access
(1) A railway infrastructure manager shall ensure provision of the basic services and extra services ensuring access specified in clauses 3 23) and 24) of this Act to all rail transport undertakings on equal grounds.
(2) A railway infrastructure manager may decline from provision of extra services ensuring access only if a rail transport undertaking has access to alternative means.
(3) A railway infrastructure manager shall provide assistance services ensuring access specified in clause 3 (25) of this Act to rail transport undertakings after reaching a corresponding agreement.
§ 59. Contract for use of railway infrastructure and user fees
(1) A rail transport undertaking to whom railway capacity is allocated and the railway infrastructure manager shall enter into a contract for the use of railway infrastructure which shall set out the details for access to the railway infrastructure, in particular the time and duration of use, the user fee and other conditions. Such contract shall be entered into in writing. In determining the conditions for use, the nature and duration of the service, the market situation and the degree of depreciation of the railway infrastructure, and the composition, condition and operating velocity of the rail vehicles shall be taken into account.
(2) If a rail transport undertaking who was granted priority in the process of distribution of capacity and the railway infrastructure manager fail to reach an agreement on the terms and conditions for use of railway infrastructure for a timetabling period or a calendar year, the railway infrastructure manager is required to allow the rail transport undertaking to use the railway infrastructure on the terms and conditions already agreed upon for the previous timetabling period or calendar year until a new agreement is reached. If a rail transport undertaking to whom priority is granted for the first time fails to reach an agreement with the railway infrastructure manager concerning the terms and conditions for use of railway infrastructure, the Director General of the Railway Inspectorate shall determine the terms and conditions for use of railway infrastructure until an agreement is reached, taking into account the terms and conditions for use of railway infrastructure currently in force and the public interest.
(3) Fees for the use of railway infrastructure in the part of the basic services and extra services ensuring access consist of the costs for grant of use of railway infrastructure and a reasonable business profit.
(4) If assistance services ensuring access to a train path are offered only by one tenderer, the user fees for the assistance services shall be related solely to the direct cost of providing such services, and such fees shall be collected only for the assistance services actually consumed.
(5) User fees for single railway capacities intended for specific purposes, including for the grant of use of railway infrastructure in order to conduct a practical driving test or organise driving practice shall be related solely to the direct cost of the grant of use of such railway capacity.
(6) User fees for railway infrastructure in the part of the basic services and extra services ensuring access, assistance services and user fees for single railway capacities intended for specific purposes shall be determined on the basis of the methodology for calculation of user fees for railway infrastructure established by the Minister of Economic Affairs and Communications.
§ 60. Use of railway capacity
(1) A rail transport undertaking has no right to transfer or surrender railway capacity which has been allocated to it. In the event of violation of such requirement, railway capacity shall be withdrawn and the rail transport undertaking in violation of such requirement loses the right to be granted railway capacity in the future.
(2) In the case of capacity depletion, the railway infrastructure manager has the right to withdraw railway capacity from a rail transport undertaking who has failed to use, within at least one month, the railway capacity allocated to it pursuant to the procedure provided in the contract for use of railway infrastructure, unless the rail transport undertaking was prevented from using the railway capacity due to reasons independent of the rail transport undertaking.
(3) A railway infrastructure manager shall publish a notice concerning withdrawn railway capacity on its website and shall set a term for submission of applications for the withdrawn railway capacity in the notice. Such term shall not be shorter than ten working days. If several applicants wish to be granted withdrawn railway capacity, the provisions of subsections 55 (4)–(7) of this Act apply to the allocation thereof. In the case of capacity depletion, the provisions of 56 (2), (3), (5), (6), (8) and (9) of this Act apply to allocation of withdrawn railway capacity.
§ 61. Distribution of single railway capacities intended for specific purposes
(1) Possessors of rail vehicles have the right to submit an application to a railway infrastructure manager for grant of single railway capacities intended for specific purposes.
(2) A railway infrastructure manager is required to review an application specified in subsection (1) of this section and plan the use of a single railway capacity intended for specific purposes within five working days after the date of receipt of the application. In preparation of an annual timetable, a railway infrastructure manager shall take into account the need to satisfy such applications under ordinary conditions as well as in the event of capacity depletion.
§ 62. Undistributed capacity
A railway infrastructure manager shall provide information on railway capacity which has not been distributed due to absence of applications by the term provided in subsection 52 (1) of this Act on its website and in the notice concerning railway infrastructure. If a railway infrastructure manager receives an application for such railway capacity, the railway infrastructure manager has the right to satisfy the application immediately.
§ 63. Railway Inspectorate as body authorised to distribute capacity
(1) A railway infrastructure manager shall transfer performance of the acts specified in subsections (3) and (4) of this Act to the Railway Inspectorate if the railway infrastructure manager itself is using its railway infrastructure for provision of rail transport services, or if the railway infrastructure manager is unable to make impartial and independent decisions on distribution of capacity due to the fact that an applicant for capacity is a rail transport undertaking belonging to the same group with the railway infrastructure manager or another railway undertaking connected to the railway infrastructure manager through control within the meaning of the Competition Act.
(2) The Director General of the Railway Inspectorate shall form a committee for performance of the acts for distribution of capacity, over one-half of the members of which shall be representatives of the Railway Inspectorate. For appointment of the rest of the members, the Director General of the Railway Inspectorate has the right to require presentation of candidates from the railway infrastructure manager. The members of the committee shall have corresponding professional education and work experience which enables them to perform the duties related to distribution of capacity. The procedure, and rules of procedure for formation of a committee for distribution of capacity shall be established by the Minister of Economic Affairs and Communications.
(3) The committee for distribution of capacity shall:
1) review the notice concerning railway network prepared by the railway infrastructure manager and make a proposal to the Director General of the Railway Inspectorate to approve or refuse to approve it;
2) review the applications for capacity;
3) organise the co-ordination procedure and if necessary, prepare a co-ordinating decision;
4) make proposals to the Director General of the Railway Inspectorate where necessary, to declare capacity to be depleted;
5) organise distribution of capacity in the event of capacity depletion and prepare a decision on distribution of capacity;
6) instruct the railway infrastructure manager in preparation of draft timetables;
7) review the opinions presented on draft timetables and make suggestions to the railway infrastructure manager on taking them into consideration;
8) evaluate timetables and make a proposal to the Railway Inspectorate to approve or refuse to approve them;
9) make a proposal to the Director General of the Railway Inspectorate for determination of user fees for railway infrastructure pursuant to currently valid methodology and the accounting data of the railway infrastructure manager.
(4) In distribution of capacity, the Director General of the Railway Inspectorate shall:
1) decide to approve or refuses to approve the notice concerning railway network;
2) make a co-ordinating decision;
3) declare capacity to be depleted;
4) make a decision on distribution of capacity in the event of capacity depletion;
5) decide on approval of timetables or refusal to approve timetables;
6) decide on determination of user fees for railway infrastructure pursuant to currently valid methodology and the accounting data of the railway infrastructure manager.
(5) For allocation of railway capacity to railway undertakings specified in subsection (1) of this section, information concerning allocated railway capacities and details of access to railway infrastructure provided in subsection 59 (1) of this Act shall be documented in the decision of the Director General of the Railway Inspectorate.
(6) The decisions provided in subsections (4) and (5) of this section shall be documented in a directive of the Director General of the Railway Inspectorate. Decisions and other essential information regarding distribution of capacity shall be immediately forwarded to the railway infrastructure manager.
(7) A railway infrastructure manager shall prepare a draft timetable and the timetable submitted for approval on the basis of received applications, the instructions and proposals issued by the committee for distribution of capacity, the co-ordination procedure carried out by the committee and the decisions of the Director General of the Railway Inspectorate. The Director General of the Railway Inspectorate has the right to refuse to approve a timetable which does not conform to the decisions passed or has other deficiencies, and to set the railway infrastructure manager a date for elimination of the deficiencies.
(8) Applications for grant of single railway capacities intended for specific purpose and applications for the capacity specified in § 62 of this Act shall be reviewed and decided on by the railway infrastructure manager.
§ 64. Processing of complaints
(1) If an applicant finds that the railway infrastructure manager has treated the applicant in a discriminating or otherwise unfair manner in the course of distribution of capacity, the applicant has the right to address a complaint to the Competition Board or the Minister of Economic Affairs and Communications. In particular, a person has the right to address the Minister of Economic Affairs and Communications regarding decisions made by a railway infrastructure manager concerning:
1) the conditions for access to railway infrastructure set forth in the notice concerning railway network;
2) the criteria set forth in the notice concerning railway network;
3) the distribution procedure and its results;
4) determination of user fees;
5) distribution of single railway capacities intended for specific purposes.
(2) If an applicant finds that the Railway Inspectorate has treated the applicant in a discriminating or otherwise unfair manner in the performance of the acts specified in subsections 63 (3) and (4) of this Act, the applicant has the right to address a complaint to the Minister of Economic Affairs and Communications.
(3) The Minister of Economic Affairs and Communications shall make a decision concerning the complaint within two months after receiving all necessary information. By the decision, the Minister of Economic Affairs and Communications shall fail to satisfy the complaint, or issue a precept to the railway infrastructure for elimination of the violation and set a term for elimination.
(4) If the Minister of Economic Affairs and Communications has reason to believe that the railway infrastructure manager has committed a criminal offence specified in §§ 399–402 of the Penal Code (RT I 2001, 61, 364; 2002, 86, 504; 82, 480; 105, 612; 2003, 4, 22), he or she will forward the complaint together with all material collected concerning the matter to the Competition Board.
(5) If an applicant or a railway infrastructure manager does not agree with the decision of the Minister of Economic Affairs and Communications, the applicant has the right of recourse to the courts, except in the case provided in subsection (4) of this section if the Minister of Economic Affairs and Communications has decided to forward the complaint to the Competition Board.
(6) If a decision for distribution of capacity is contested, railway capacity shall be used pursuant to the contested decision until the dispute is settled.
(7) If a decision specified in subsection 63 (4) of this Act is annulled or declared invalid, the rail transport undertaking or other possessor of rail vehicles has the right to demand only the compensation of direct proprietary damage.
Chapter 7
Rail Transport Requirements
§ 65. Transport rules
(1) Rail transport undertakings shall provide public rail transport services for passengers or other rail transport services on public railways only pursuant to transport rules. In transport rules, a rail transport undertaking shall establish the conditions for the transport of passengers or cargo based on the types of goods or rail vehicles. Transport rules shall set out, inter alia, the following:
1) the procedure for determination, establishment and amendment of charges;
2) the procedure for notification of amendments of charges;
3) the procedure for the processing of complaints by the users of transport services for passengers or goods.
(2) A railway undertaking shall submit the transport rules provided in subsection (1) of this section or any amendments thereto to the Minister of Economic Affairs and Communications for approval. The Minister of Economic Affairs and Communications shall decide to approve or refuse to approve the transport rules or amendments thereto within thirty days after receipt of an application to this effect from a rail transport undertaking.
(3) The Minister of Economic Affairs and Communications may refuse to approve transport rules or amendments thereto, or require their amendment or revocation if such rules are contrary to the law, other legislation or good rail transport practices.
(4) A rail transport undertaking shall publish the transport rules or amendments thereto on its web site or in a publication approved by the Minister of Economic Affairs and Communications before entry into force of the rules or amendments.
(5) Transport rules or amendments thereto enter into force after approval by the Minister of Economic Affairs and Communications but not earlier than forty-five days after publication of the transport rules or amendments thereto.
§ 66. Safety adviser for rail transport of dangerous goods
(1) Rail transport of dangerous goods shall be performed only under the supervision of a safety adviser who meets the requirements set by the Chemicals Act (RT I 1998, 47, 697; 1999, 45, 512; 2002, 53, 336; 61, 375; 63, 387; 2003, 23, 144; 51, 352).
(2) Rail transport of dangerous goods shall be carried out in adherence to the requirements of the Regulations Concerning the International Carriage of Dangerous Goods by Rail (RID), which is an Annex to the Convention concerning International Carriage by Rail (COTIF) entered into force 1980, and the requirements of the Agreement on International Goods Transport by Rail (SMGS).
Chapter 8
Railway Traffic Register
§ 67. Railway traffic register
(1) The main function of the national railway traffic register (hereinafter railway traffic register) shall be to keep account of railways, rail vehicles, locomotive drivers, special rail vehicle drivers and assistant locomotive drivers.
(2) In order to have a rail vehicle or railway registered, the owner or possessor of the vehicle or railway shall submit a registration application to the Railway Inspectorate together with a report on inspection of the compliance of the rail vehicle, or the railway infrastructure and railway traffic management with the requirements. The Railway Inspectorate has the right to refuse to register rail vehicles and railways which do not comply with the requirements.
(3) On registration of a rail vehicle in the railway traffic register, the Railway Inspectorate shall issue a registration plate for the rail vehicle which shall be attached to the rail vehicle pursuant to the procedure provided in the rules for technical use of railways. The registration plate shall be issued in duplicate.
(4) On registration of a railway in the railway traffic register, the Railway Inspectorate shall issue a registration certificate for the railway.
(5) Types and models of rail vehicles introduced in Estonia for the first time shall be examined and tested prior to their entry into the register in order to attest their compliance with the requirements established for rail vehicles. The Railway Inspectorate has the right to refuse to register a tested rail vehicle if its type or model does not comply with the established requirements. The Railway Inspectorate shall determine the testing conditions, including the testing area and the length of the test journey, taking into account the intended purpose of the type or model of the corresponding rail vehicle.
(6) Prior to submission of an application for registration of a rail vehicle or railway, the owner or possessor of the rail vehicle or railway shall pay a state fee for entry thereof in the railway traffic register and for issue of a registration plate or registration certificate. In the application, an applicant shall provide information regarding payment of the state fee.
(7) The railway traffic register and the statutes for the maintenance of the railway traffic register shall be established by the Government of the Republic pursuant to the procedure provided in the Databases Act (RT I 1997, 28, 423; 1998, 36/37, 552; 1999, 10, 155; 2000, 50, 317; 57, 373; 92, 597; 2001, 7, 17; 17, 77; 2002, 61, 375; 63, 387).
(8) The chief processor of the railway traffic register is the Ministry of Economic Affairs and Communications and the authorised processor of the railway traffic register is the Railway Inspectorate.
(9) The railway traffic register is maintained as a single-level electronic database.
§ 68. Information in railway traffic register
(1) The railway traffic register is composed of:
1) the railways database;
2) the rail vehicles database;
3) the locomotive drivers, special rail vehicle drivers and assistant locomotive drivers database.
(2) Public railways (main tracks and depot sidings) and all railways which are connected, directly or by way of other railways, to the network of public railways, including railways which are necessary for entry into or departure from depots or railway repair workshops (depot sidings), and railways which only support transport (including storage sidings and other tracks intended for special purposes) are registered in the railways database. The following shall be entered in the railways database:
1) the registry code of a railway;
2) the indication, technical data and purpose of a railway;
3) information concerning the location of a railway;
4) data on the owner or other possessor of a railway;
5) information contained in the report on verification of the compliance of the management of railway infrastructure and railway traffic with the requirements, and inspection results obtained in the course of technical supervision operations carried out by the Railway Inspectorate;
6) information on precepts issued by the Railway Inspectorate.
(3) Rail vehicles specified in clause 3 8) of this Act used for rail traffic are registered in the rail vehicles database. The following shall be entered in the rail vehicles database:
1) the registry code of a rail vehicle;
2) the technical data, manufacturer and year of manufacture of a rail vehicle;
3) data on the owner or other possessor of a rail vehicle;
4) information contained in the report on verification of the compliance of rail vehicles with the requirements, and inspection results obtained in the course of technical supervision operations carried out by the Railway Inspectorate;
5) information on precepts issued by the Railway Inspectorate.
(4) The following information shall be entered in the locomotive drivers, special rail vehicle drivers and assistant locomotive drivers database:
1) information entered in the professional certificate of a driver of a rail vehicle or special rail vehicle, or an assistant locomotive driver;
2) information on revocation, suspension and restoration of the right to drive.
(5) The information entered in the railway traffic register is public and shall be published on the website of the railway traffic register.
§ 69. Persons who submit information to railway traffic register
(1) Information shall be submitted to the railway traffic register by:
1) the owner or possessor of a railway, if information provided in clauses 68 (2) 2)–4) of this Act is submitted;
2) the owner or possessor of a rail vehicle, if information provided in clauses 68 (3) 2) and 3) of this Act is submitted;
3) the Railway Inspectorate, upon submission of information specified in clauses 68 (2) 5) and 6), (3) 4) and 5), and (4) of this Act, with the exception of information concerning the restoration of the right to drive of drivers of special rail vehicles and assistant locomotive drivers;
4) the body which awards professional qualifications to drivers of special rail vehicles and assistant locomotive drivers, upon submission of information provided in clause 68 (4) 2) of this Act concerning restoration of the right to drive of drivers of special rail vehicles and assistant locomotive drivers.
(2) A person who submits information to the railway traffic register shall be responsible for the correctness of submitted information.
§ 70. Railways and rail vehicles not registered in railway traffic register
(1) Organisation of rail transport on railways which have not been registered in the railway traffic register is prohibited.
(2) Use of rail vehicles which have not been registered in the Estonian register or in a corresponding register of another state in rail traffic is prohibited. Rail vehicles registered in a foreign state shall be used by rail transport undertakings operating in Estonia for provision of rail transport services pursuant to international agreements. Rail vehicles which have not been registered may be used in rail traffic only in the following cases:
1) for taking a rail vehicle which enters the territory of Estonia for the first time from the border to its destination (home station);
2) for testing a rail vehicle under the supervision of the Railway Inspectorate in the case provided for in subsection 67 (5) of this Act.
Chapter 9
State Supervision
Division 1
Competence of State Supervision Authorities
§ 71. Competence of Minister of Economic Affairs and Communications
(1) The Minister of Economic Affairs and Communications, in exercising state supervision and applying enforcement powers of the state on the basis of this Act, is competent to:
1) inspect compliance with the requirements set for separate accounting provided for in subsections 4 (2) and (3) of this Act;
2) issue, refuse to issue, suspend and revoke operating licences provided for in this Act, or terminate the validity thereof;
3) decide on the approval and publication of transport rules and operating rules, and amendments thereto;
4) decide on the approval of plans for increasing railway infrastructure capacity;
5) process complaints submitted concerning distribution of railway infrastructure capacity pursuant to subsections 64 (1) and (2) of this Act;
6) ensure performance of the obligations arising from international agreements related to railways which have been assumed by the Republic of Estonia and where necessary, represent the Republic of Estonia in international railway organisations, and monitor compliance with contracts entered into between railways designated for public use and railways or railway organisations of other states if rights and obligations arise from such contracts to third parties;
7) perform other functions arising from law.
(2) For performance of the function provided in clause (1) 6) of this section, a railway infrastructure manager whose railway is designated for public use and who has entered into contracts with railways or railway organisations of other states which bring about rights or obligations to third parties shall submit to the Minister of Economic Affairs and Communications, by no later than the fifteenth day of the month following the accounting quarter, a quarterly report on performance of the contracts based on the information requested by the Minister of Economic Affairs and Communications.
§ 72. Competence of Railway Inspectorate
(1) The Railway Inspectorate, in exercising state supervision and applying enforcement powers of the state, is competent to:
1) decide on the issue and extension of safety certificates;
2) audit reports on verification of compliance of the railway infrastructure, railway traffic management and rail vehicles with the established requirements, and inspect compliance with the requirements set for the possessors of rail vehicles and railway infrastructure in the rules for technical use of railways and other legislation;
3) organise the administration of examinations to locomotive drivers, and decide on the issue and extension of locomotive driver’s licences;
4) approve of the detailed plans and design criteria which constitute the basis for building design documentation of railway civil engineering works, and exercise state supervision over performance of construction work on railways;
5) decide on issue of building permits, written consents and permits for use in performance of construction work on railways, and decide on revocation of the building permits, written consents and permits for use;
6) performance of acts for distribution of railway infrastructure capacity in the case provided for in subsection 63 (1) of this Act;
7) ensure performance of the obligations of the Republic of Estonia related to technical supervision of railways arising from international agreements and, if necessary, represent the Republic of Estonia in international railway organisations;
8) perform other functions arising from law.
(2) In performance of the duties provided in clauses (1) 2), 4) or 5) of this section, the Director General of the Railway Inspectorate has the right to issue precepts to railway undertakings or other possessors of railway infrastructure for ordering technical expert analyses of railway civil engineering works or rail vehicles which shall be conducted by a notified body which has the corresponding competence. The railway undertakings or other possessors of railway infrastructure shall cover the costs of the expert analyses.
(3) For performance of their duties, officials of the Railway Inspectorate exercising state supervision are required to present identification.
(4) For performance of their duties, officials of the Railway Inspectorate exercising state supervision have the right for free transportation on locomotives and passenger trains.
§ 73. Precept and application of coercive measures
(1) The Minister of Economic Affairs and Communications and the Railway Inspectorate has the right to issue precepts to persons which impose an obligation to perform a required act or to refrain from a prohibited act.
(2) A precept shall include a warning, determining
1) the deadline for compliance with the precept;
2) the coercive measure which is applied in case of failure to comply with the precept, including the amount of penalty payment;
3) the procedure and term for appeal against the precept.
(3) In event of failure to comply a the precept, the Minister of Economic Affairs and Communications has the right to apply, pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act, penalty payment in the amount of up to 50 000 kroons to natural persons and in the amount of up to 500 000 kroons to legal persons, except in the case specified in subsection 47 (3) of this Act.
(4) In the case provided in 34 (9) of this Act, the Railway Inspectorate has the right to apply substitutive enforcement pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act.
§ 74. Right of Minister of Economic Affairs and Communications and Railway Inspectorate to obtain information and access objects of supervision
(1) Railway undertakings and their employees, other owners and possessors of railway infrastructure and their employees, undertakings belonging to the same group as a railway undertaking and their employees, and undertakings engaged in the performance of construction work on railways, rail vehicle maintenance or repair and their employees are required, at the first request of the Minister of Economic Affairs and Communications, officials duly authorised by the Minister, or the Railway Inspectorate to provide correct and complete information necessary for the performance of state supervision functions.
(2) The Railway Inspectorate has the right of free access to railway infrastructure, rail vehicles and technical equipment, and cargo carried by way of rail transport which is the object of supervision, and to documents related to the objects of supervision.
(3) For performance of their duties, the Minister of Economic Affairs and Communications and officials duly authorised by the Minister have the right of free access to the accounting documentation of railway undertakings and undertakings which belong to the same group as the railway undertakings.
§ 75. Confidentiality of business and technical information
The Ministry of Economic Affairs and Communications and the Railway Inspectorate are required to ensure the confidentiality of business and technical information obtained in the course of state supervision activities, unless the disclosure of such information is prescribed by law.
Division 2
State Supervision over Performance of Construction Work on Railways
§ 76. Competence of Railway Inspectorate in exercise of state supervision over performance of construction work on railways
(1) The Railway Inspectorate has the right to:
1) inspect railway civil engineering works without hindrance and without giving prior notice;
2) obtain information needed for state supervision, examine original documents and obtain transcripts thereof;
3) inspect the conformity of railway civil engineering works, corresponding building design documentation, and undertakings engaged in the performance of construction work on railways to the requirements;
4) order evaluation services and expert assessment to verify conformity of railway civil engineering works and the corresponding building design documentation to the requirements;
5) require the owners of railway civil engineering works to order expert assessment of railway civil engineering works or the corresponding building design documentation to verify the conformity thereof to the requirements;
6) conduct investigations into the reasons for accidents relating to railway civil engineering works;
7) issue precepts and make decisions according to its competence;
8) require owners of railway civil engineering works to disclose information concerning any dangers related to railway civil engineering works, or to disclose such information itself.
(2) The Railway Inspectorate shall inform the local government of the results of state supervision and if the use of a construction product which does not conform to the requirements is discovered in performance of construction work on railways, the Railway Inspectorate shall immediately inform the Technical Inspectorate thereof.
§ 77. Competence of officials of Railway Inspectorate in exercise of state supervision over performance of construction work on railways
An official of the Railway Inspectorate is competent to:
1) monitor compliance of the building and use of railway civil engineering works with the Building Act and this Act;
2) obtain, proceeding from the safety or intended purpose of civil engineering works, information necessary for state supervision from state authorities, local governments, owners of railway civil engineering works, applicants for building permits or undertakings;
3) examine the originals or copies of documents concerning performance of construction work on railways, design of railway civil engineering works, site investigations, owner supervision, expert assessment of building design documentation, evaluation of railway civil engineering works, safety in use of civil engineering works and their intended purpose, and to obtain transcripts of such documents;
4) inspect the conformity of railway civil engineering works and building design documentation with the requirements proceeding from the safety and intended purpose of the civil engineering works;
5) request, in justified cases, expert assessment of building design documentation and evaluation of railway civil engineering works, and organise investigations into the reasons for accidents relating to civil engineering works;
6) issue precepts and make decisions according to his or her competence;
7) require the owners of railway civil engineering works to inform the public of dangers related to the civil engineering works, or to inform the public of dangers related to the civil engineering works himself or herself at the expense of the owners of the civil engineering works;
§ 78. Precept issued by official of Railway Inspectorate
(1) An official of the Railway Inspectorate exercising state supervision over performance of construction work on railways shall issue a precept to an undertaking engaged in the performance of construction work on railways if the undertaking:
1) operates without a specialist-in-charge,
2) operates without registration,
3) has built in a manner which does not correspond to the building design documentation, or
4) is building a railway civil engineering works for the building of which a building permit has not been issued.
(2) An official of the Railway Inspectorate exercising state supervision over performance of construction work on railways shall issue a precept to the owner of a railway civil engineering works if the civil engineering works:
1) is dangerous to the life, health or property of persons, or to the environment, or
2) does not conform to the requirements prescribed for such civil engineering works.
(3) In a precept specified in subsections (1) and (2) of this section, an official of the Railway Inspectorate exercising state supervision over performance of construction work on railways:
1) calls attention to the offence;
2) demand the suspension, in part or in full, of the performance of construction work on railways or the use of a railway civil engineering works;
3) render mandatory the performance, within the term set for such purpose, of acts necessary for the lawful continuation of performance of construction work on railways or for the use of the railway civil engineering works.
(4) The Railway Inspectorate shall forward information concerning a precept issued in the event of performance of construction work on railways which does not conform to the building design documentation to the register of construction works within two working days as of the date on which the precept is issued.
(5) In the event of repeated failure by an undertaking to comply with a precept, the Director General of the Railway Inspectorate or an official of the Railway Inspectorate authorised by him or her has the right to make a decision in which the failure to comply with the precept is documented and which is the basis for the deletion of the undertaking from the state register of undertakings operating in areas of activity subject to special requirements.
(6) A decision specified in subsection (5) of this section shall set out:
1) the date and place of making the decision;
2) the content of the decision;
3) the basis for the decision;
4) the given name, surname and official title of the official making the decision;
5) a notation concerning the term and procedure for the possible contestation of the precept.
(7) In the case of failure to comply with a precept specified in subsection (1) or (2) of this section, an official exercising state supervision may impose a penalty payment pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act. The upper limit for a penalty payment is 500 000 kroons.
Chapter 10
Liability
§ 79. Violation of traffic safety in rail transport
Violation of the requirements for crossing a railway with an animal-drawn vehicle or driving cattle across a railway, or damaging a railway or a railway civil engineering works or installation, is punishable by a fine of up to 50 fine units.
§ 80. Failure to adhere to requirements established for external dimensions
(1) Failure to adhere to the requirements established for external dimensions upon loading or unloading cargo onto or from rail vehicles, performing construction work or storing objects is punishable by a fine of up to 50 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 30 000 kroons.
§ 81. Obstruction of train traffic
Placing objects on a railway which may obstruct rail traffic, staying on a railway in places not intended therefor, or obstructing railway traffic in any other manner is punishable by a fine of up to 50 fine units.
§ 82. Driving unregistered rail vehicles
Driving a rail vehicle which has not been registered pursuant to the established procedure is punishable by a fine of up to 100 fine units.
§ 83. Use of unregistered rail vehicles in railway traffic, permitting persons to drive or use unregistered rail vehicles in railway traffic and unauthorised use of railway or railway infrastructure
(1) A fine of up to 200 fine units shall be imposed on a person responsible for the fitness for service or operation or rail vehicles who uses a rail vehicle which has not been registered pursuant to the established procedure, permits a person to drive such rail vehicle or who uses a railway or a railway civil engineering construction works without authorisation.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 30 000 kroons.
§ 84. Violation of requirements for transporting hazardous substances or items by rail
(1) Violation of the requirements for transporting hazardous substances or items by rail is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.
§ 85. Taking hand baggage exceeding established limit or baggage not paid for on train
A fine of up to 10 fine units shall be imposed on a person who takes more hand baggage on a passenger train than the established limit or who transports baggage which has not been paid for on a passenger train.
§ 86. Violation of requirements for use of means of rail transport
Mounting or alighting from a moving train, travelling on a running board or on the roof of a carriage, damaging the furnishings of a passenger carriage or the windows of a locomotive or carriage, throwing rubbish or objects out of the window or door of a carriage, or smoking in a place not intended for smoking in a train is punishable by a fine of up to 10 fine units.
§ 87. Unauthorised stopping of train or unauthorised travelling on freight train
Unauthorised stopping of a train or unauthorised travelling on a freight train is punishable by a fine of up to 100 fine units.
§ 88. Violation of railway traffic requirements by driver of rail vehicle
(1) Violation of the rail traffic requirements by the driver of a rail vehicle is punishable by a fine of up to 200 fine units.
(2) The same act, if it results in proprietary damage or in damage to the health of a person through negligence, is punishable by a fine of up to 300 fine units or by detention.
§ 89. Driving of rail vehicle by person without right to drive rail vehicles
(1) The driving of a rail vehicle by a person without the right to drive is punishable by a fine of up to 200 fine units.
(2) The same act, if committed by a person who has been deprived of the right to drive rail vehicles or whose right to drive has been suspended, is punishable by a fine of up to 300 fine units or by detention.
§ 90. Transferring control of rail vehicle to person without right to drive rail vehicles
(1) Transferring control of a rail vehicle to a person without the right to drive rail vehicles is punishable by a fine of up to 200 fine units.
(2) Transferring control of a rail vehicle to a person who has been deprived of the right to drive rail vehicles or whose right to drive has been suspended is punishable by a fine of up to 300 fine units.
§ 91. Driving of rail vehicle be person in intoxicated state
The driving of a rail vehicle by a person in an intoxicated state is punishable by a fine of up to 300 fine units or by detention.
§ 92. Performance of duties of assistant locomotive driver by person in intoxicated state
The performance of the duties of assistant locomotive driver by a person in an intoxicated state is punishable by a fine of up to 300 fine units or by detention.
§ 93. Evasion by person of examination for state of intoxication to be ascertained
Evasion by a driver of a rail vehicle or a person performing the duties of assistant locomotive driver who is obviously intoxicated, including a person without the right to drive rail vehicles, of an examination for his or her state of intoxication to be ascertained is punishable by a fine of up to 300 fine units or by detention.
§ 94. Consumption of alcohol or narcotic, psychotropic or psychotoxic substances after railway traffic accident by driver involved in railway traffic accident
The consumption of alcohol or narcotic, psychotropic or psychotoxic substances immediately after a railway traffic accident by a driver of a rail vehicle involved in the railway traffic accident and before the circumstances of the accident have been ascertained at the scene of the accident is punishable by a fine of up to 300 fine units or by detention.
§ 95. Permitting intoxicated person to drive rail vehicle
(1) A fine of up to 300 fine units shall be imposed on a person responsible for the fitness for service of a rail vehicle or a person responsible for railway traffic control who permits an intoxicated rail vehicle driver to drive a rail vehicle.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.
§ 96. Permitting intoxicated person to perform duties of assistant locomotive driver
(1) A fine of up to 300 fine units shall be imposed on a person responsible for the fitness for service of a rail vehicle or a person responsible for railway traffic control who permits an intoxicated person to perform the duties of assistant locomotive driver.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 30 000 kroons.
§ 97. Permitting person without right to drive to drive rail vehicles
(1) A fine of up to 300 fine units shall be imposed on a person responsible for the fitness for service of a rail vehicle or a person responsible for railway traffic control who permits a person who does not have the right to drive rail vehicles to drive a rail vehicle.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.
§ 98. Transfer of railway infrastructure and encumbrance of railway ground area with right of superficies without consent of Railway Inspectorate
(1) Transfer of a railway infrastructure or encumbrance of railway ground area with a right of superficies without the consent of Railway Inspectorate is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 30 000 kroons.
§ 99. Failure to comply with requirement of separate accounting and failure to submit accounting of revenue and expenditure
(1) Failure by a railway undertaking who manages a railway intended for public use and provides rail transport services, or by a railway undertaking who provides public rail transport services for passengers or other rail transport services to comply with the requirement of separate accounting to submit the accounting of revenue and expenditure to the Ministry of Economic Affairs and Communications is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.
§ 100. Failure to perform obligation to provide public rail transport services for passengers
(1) Failure by a railway undertaking designated as a railway undertaking providing public rail transport services for passengers who fails to provide public rail transport services for passengers is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.
§ 101. Managing of railway designated for public use without safety certificate
(1) Use of a public railway designated for public use without a safety certificate is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.
§ 102. Provision of rail transport services for passengers and rail transport services for goods without safety certificate
(1) Provision of rail transport services for passengers or rail transport services for goods without a safety certificate is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.
§ 103. Violation of rules for technical use of railways
(1) Violation of the rules for technical use of railways is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.
§ 104. Use of railway civil engineering works without permit for use
(1) Use of railway civil engineering works without a permit for use is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.
§ 105. Unauthorised building of railway civil engineering works
(1) Unauthorised building of a railway civil engineering works is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.
§ 106. Violation of procedure for temporary restriction or closure of railway traffic
(1) Violation of the procedure for temporary restriction or closure of railway traffic is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 30.000 kroons.
§ 107. Violation of procedure for notification of railway collisions and railway incidents
(1) Violation of the procedure for notification of railway collisions and railway incidents is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.
§ 108. Failure to transfer performance of acts for distribution of railway infrastructure capacity to Railway Inspectorate
(1) Failure to transfer, in the cases provided by law, the performance of acts for the distribution of railway infrastructure capacity to the Railway Inspectorate is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.
§ 109. Violation of rail transport requirements
(1) Violation of rail transport requirements is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.
§ 110. Grant of permission to organise rail transport on railway not registered in national register
(1) Grant of permission to organise rail transport on a railway not registered in the national register is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.
§ 111. Proceedings
(1) The provisions of the General Part of the Penal Code and of the Code of Misdemeanour Procedure (RT I 2002, 50, 313; 110, 654; 2003, 26, 156) apply to the misdemeanours provided for in §§ 79–110 of this Act.
(2) Extra-judicial proceedings concerning the misdemeanours provided for in §§ 79–81, 84–87, 89 and 91–94 of this Act shall be conducted by:
1) the Railway Inspectorate;
2) police prefectures.
(3) Extra-judicial proceedings concerning the misdemeanours provided for in §§ 82, 83, 88, 90, 95–98, 101–107, 109 and 110 of this Act shall be conducted by the Railway Inspectorate.
(4) The extra-judicial proceedings concerning the misdemeanours provided for in §§ 99, 100 and 108 of this Act shall be conducted by the Ministry of Economic Affairs and Communications.
Chapter 11
Final Provisions
§ 112. Designation of railways for public use
Railways which were designated as public railways before entry into force of this Act shall also be deemed to be public railways after entry into force of this Act.
§ 113. Specifications concerning use of railway ground area
Until the determination of railway ground areas pursuant to the procedure provided for in legislation, railway infrastructure managers shall determine the boundaries of railway crossings, install traffic control devices thereto and ensure the maintenance of the railway crossings and traffic safety thereon based on and pursuant to the procedure provided for in the rules for technical use of railways.
§ 114. Termination of national register of railways and national register of rail vehicles
(1) The activities of the national register of railways and national register of rail vehicles shall terminate as of 30 March 2004.
(2) The authorised processor of the national register of railways and national register of rail vehicles shall transfer the information in the national register of railways and national register of rail vehicles to the national railway traffic register not later than by 31 March 2004.
§ 115. Implementing provisions of Act
(1) Operating licences for management of railway infrastructure and for provision of rail transport services for passengers or rail transport services for goods, and corresponding safety certificates issued prior to the entry into force of this Act and after 1 May 1999 shall be valid and their period of validity shall be extended pursuant to the procedure prescribed in Chapter 2 of this Act.
(2) Operating licences for performance of construction work on railways and rail vehicle repair issued prior to the entry into force of this Act and after 1 May 1999 shall be valid until 30 June 2004. Undertakings engaged in the performance of construction work on railways shall apply for a corresponding registration in the state register of undertakings operating in areas of activity subject to special requirements by 1 July 2004. Undertakings which have been granted an operating licence for performance of construction work on railways prior to the entry into force of this Act and after 1 May 1999 need not pay the state fee upon application for registration for performance of construction work on railways in the state register of undertakings operating in areas of activity subject to special requirements if the operating licence issued to them is valid on the date of submission of the registration application to the authorised processor of the register. Undertakings which have been granted an operating licence for rail vehicle repair prior to the entry into force of this Act and after 1 May 1999 need not pay the state fee upon application for registration for rail vehicle repair pursuant to this Act if the operating licence issued to them prior to the entry into force of this Act is valid on the date of submission of the application for an operating licence for rail vehicle repair to the Minister of Economic Affairs and Communications. Undertakings engaged in rail vehicle maintenance shall apply for an operating licence for rail vehicle maintenance by 1 July 2004.
(3) Locomotive driver’s licences issued prior to the entry into force of this Act and after 1 May 1999 shall be valid and their term of validity shall be extended pursuant to the procedure provided for in § 45 of this Act. Qualification certificates issued prior to the entry into force of this Act and after 1 May 1999 to persons responsible for railway safety and railway traffic control shall be valid until 31 December 2004. Persons responsible for railway safety and railway traffic control shall apply for a professional certificate by 1 January 2005. Persons who perform the duties of assistant locomotive driver or driver of special rail vehicles shall apply for a professional certificate by 1 January 2005.
(4) The rules for technical use of railways approved by a regulation of the Minister of Transport and Communications on the basis of subsection 16 (2) of the Railways Act (RT I 1999, 29, 405; 2001, 31, 170; 93, 565; 2002, 47, 297; 63, 387) shall be valid after the entry into force of this Act until such rules are revoked.
(5) Applications for capacity for the timetabling period starting in 2005 shall be submitted at least seven months prior to the beginning of the timetabling period, and the timetable shall be approved one month before the beginning of such period.
(6) Railway capacity of a railway infrastructure manager which has remained undistributed due to the fact that no rail transport undertaking established in Estonia or a member state of the European Union has applied for it by the date provided in subsection 52 (1) of this Act may be allocated to rail transport undertakings established elsewhere than in Estonia or a member state of the European Union.
§ 116. Amendment of Roads Act
Subsection 28 (2) of the Roads Act (RT I 1999, 26, 377; 93, 831; 2001, 43, 241; 50, 283; 93, 565; 2002, 41, 249; 47, 297; 53, 336; 61, 375; 63, 387) is amended and worded as follows:
«(2) Owners of roads, railway infrastructure managers and other owners or possessors of the railway shall perform maintenance work on railway crossings and are required to create the conditions for safe traffic within the limits of the immovables in their possession, except for winter maintenance work on the entire area of the railway crossings which shall be performed by the owners of the roads. The person performing winter maintenance work on a railway crossing shall obtain approval for the technical details of the winter maintenance work from the manager of the railway infrastructure, or other owner or possessor of the railway.”
§ 117. Amendment of State Fees Act
The State Fees Act (RT I 1997, 80, 1344; 2001, 55, 331; 53, 310; 56, 332; 64, 367; 65, 377; 85, 512; 88, 531; 91, 543; 93, 565; 2002, 1, 1; 18, 97; 23, 131; 24, 135; 27, 151 and 153; 30, 178; 35, 214; 44, 281; 47, 297; 51, 316; 57, 358; 58, 361; 61, 375; 62, 377; 90, 519; 102, 599; 105, 610; 2003, 4, 20; 13, 68; 15, 84 and 85; 20, 118; 21, 128; 23, 146; 25, 153 and 154; 26, 156 and 160; 30, correction notice; 51, 352; 66, 449; 68, 461; 71, 471) is amended as follows:
1) subsection 6 (4) is amended and worded as follows:
«(4) State fees charged for the issue of building permits, permits for use and certified extracts of information in the state register of construction works shall be paid into the budget of the corresponding rural municipality or city, except for the state fees charged for the issue of building permits and permits for use for railway infrastructure civil engineering works specified in clause 20 (3) of this Act, and certified extracts of information concerning such works contained in the state register of construction works which shall be paid into the state budget.”;
2) section 1896 is amended and worded as follows:
Ǥ 1896. Issue of operating licences for management of railway infrastructure, provision of rail transport services for passengers, provision of rail transport services for goods, rail vehicle repair, and rail vehicle maintenance and making of registration for performance of construction work on railways
A state fee shall be paid in the following amount for the issue of an operating licence:
1) 30 000 kroons for an operating licence for the management of railway infrastructure;
2) 30 000 kroons for an operating licence for the provision of rail transport services for passengers;
3) 60 000 kroons for an operating licence for the provision of rail transport services for goods;
4) 5000 kroons for an operating licence for rail vehicle repair;
5) 5000 kroons for an operating licence for rail vehicle maintenance;
6) 10 000 kroons for making of registration for performance of construction work on railways in the state register of undertakings operating in areas of activity subject to special requirements.”;
3) section 1897 is amended and worded as follows:
Ǥ 1897. Entry of railways and rail vehicles in registers and amendments to registers
(1) A state fee shall be paid in the following amount for the entry of a railway in the state railway traffic register:
1) 300 kroons per track of a railway designated for public us;
2) 200 kroons for any other type of railway.
(2) A state fee shall be paid in the following amount for the entry of a rail vehicle in the state railway traffic register:
1) 1200 kroons for a locomotive;
2) 650 kroons for a carriage;
3) 300 kroons for any other type of rail vehicle.
(3) A state fee of 50 kroons shall be paid for the amendment of a register entry in the register of railways or rail vehicles.”;
4) section 1899 is amended and worded as follows:
Ǥ 1899. Issue of a locomotive driver's licences, duplicate locomotive driver's licences and extension of locomotive driver's licences
(1) A state fee of 300 kroons shall be paid for the issue of a locomotive driver's licence.
(2) A state fee of 150 kroons shall be paid for the issue of a duplicate locomotive driver's licence.
(3) A state fee of 200 kroons shall be paid for the extension of a locomotive driver's licence.”;
5) section 18910 is amended and worded as follows:
Ǥ 18910. Issue, amendment and extension of safety certificates
(1) A state fee shall be paid in the following amount for the issue of a safety certificate:
1) 30 000 kroons for a safety certificate for management of railway infrastructure;
2) 10 000 kroons for a safety certificate for provision of rail transport services for passengers;
3) 10 000 kroons for a safety certificate for provision of rail transport services for goods.
(2) A state fee of 5000 kroons shall be paid for the amendment or extension of a safety certificate.”
§ 118. Repeal of Railways Act
The Railways Act (RT I 1999, 29, 405; 2001, 31, 170; 93, 565; 2002, 47, 297; 63, 387) is repealed.
§ 119. Entry into force of Act
This Act enters into force on 31 March 2004.
1 RT = Riigi Teataja = State Gazette
2 Ametlikud Teadaanded = Official Notices