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Railway legislation news

Last updated on 18 June 2018

News and updates on emerging and evolving railway legislation and standards in the areas of safety, interoperability and health and wellbeing.

Significant news will be mentioned in our monthly news digest Your RSSB. Register now to receive a copy. External link

Click on the subject headings below to expand the information.

 

> Industry consultations

Templates for the ‘EC’ declaration of conformity or suitability for use for rail

Date published: 15 June 2018

Closing date: 13 July 2018

Organisation: European Commission

The European Commission is seeking feedback on the draft implementing regulation on the templates for ‘EC’ declarations and certificates for railway interoperability constituents and subsystems on the model of declaration of conformity to an authorised railway vehicle type and on the ‘EC’ verification procedures for subsystem in accordance with Directive (EU) 2016/797 of the European Parliament and of the Council and repealing Regulation (EU) No 201/2011.

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Draft Clean Air Strategy 2018

Date published: 22 May 2018

Closing date: 14 August 2018

Organisation: Department for Environment Food & Rural Affairs

The UK government has developed the Draft Clean Air Strategy. The strategy sets actions to improve air quality by reducing air pollution from a wide range of sources, including rail transport.

The government is seeking views on the actions proposed to reduce air pollution and its effects as well as any further suggestions. The responses will inform the final UK Clean Air Strategy and detailed National Air Pollution Control Programme to be published in March 2019.

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Specifications for the rail European vehicle register and the national vehicle registers

Date published: 24 May 2018

Closing date: 21 June 2018

Organisation: European Commission, Directorate-General for Mobility and Transport

The European Commission is seeking feedback on the Decision laying down specifications for the vehicle registers referred to in Article 47 of Directive (EU) 2016/797 of the European Parliament and of the Council and amending and repealing Commission Decision 2007/756/EC. This Decision amends commons specifications for the national vehicle registers and lays down the technical and functional specifications for the European Vehicle Register.

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Manual Handling Assessment Charts

Consultation period: Starts end of May for 6 weeks

Organisation: Health and Safety Executive (HSE)

HSE is seeking opinions on the updated INDG383 Manual handling assessment charts (the MAC tool). They have revised and updated the tool to reflect the latest scientific knowledge and their experience of how the tool is used in the workplace. The current version of the MAC tool can be found on the HSE website.

HSE would like your opinions on the new versions before they are finalised. If you would like to participate in the informal consultation (involving 15 questions on content and usability), please send your contact email address to MSDPP@hse.gov.uk. The consultation is due to start from the end of May for six weeks.

Noise differentiated track access charges schemes

Date published: 28 March 2018

Closing date: 20 June 2018

Organisation: European Commission

The European Commission has launched a public consultation aimed at the general public seeking citizens views on the reduction of rail freight noise, which is the second most important source of noise in Europe after road transport.

Expert stakeholders will be consulted with a targeted consultation in the second quarter of 2018.

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June 2018

Interoperability

> ERA recommendation on the NOI TSI

The European Union Agency for Railways has issued a recommendation on the amendment of the rolling stock – noise technical specification for interoperability (NOI TSI), Commission Regulation (EU) 1304/2014. The recommendation includes:

  • Amending the scope of the NOI TSI.
  • A permanent and a temporal specific case for the GB Network.
  • The definition of the concept of quieter routes.
  • A deadline for the operation of trains not compliant with point 7.2.2.2 of The NOI TSI.
  • A deadline for the provision of quieter routes.
  • A procedure to update the list of quieter routes.

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Safety

> Safety culture

The European Union Agency for Railways is promoting a positive safety culture in European Railways. The Agency published a leaflet that explains what safety culture is and the benefits of a positive safety culture.

The Agency has also published the European Safety Culture Declaration, railway leaders across the European Union can download the declaration, sign it and submit it to the Agency. The declaration will demonstrate the commitment of railway leaders to raise awareness and promote a positive safety culture.

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May 2018

EU regulations

> Regulation (EU) 2018/764 - Fees and charges payable to the Agency

The Official Journal of the European Union has published Commission Implementing Regulation (EU) 2018/764 of 2 May 2018 on the fees and charges payable to the European Union Agency for Railways and their conditions of payment.

This Regulation lays down the fees and charges payable to the Agency for processing applications for:

  • Single safety certificates;
  • Authorisations for the placing on the market if vehicles;
  • Authorisations for the placing on the market of vehicle types; and
  • Placing in service of trackside control-command and signalling subsystems.

The Regulation also establishes procedures to ensure transparency, non-discrimination and other fundamental principles of European law concerning to the costs of the national safety authorities for processing the national part of the applications for which the Agency is responsible.

The regulation is applicable (mandatory in all EU member states) from 16 February 2020.

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> Regulation (EU) 2018/763 - Single Safety Certificates

The Official Journal of the European Union has published Commission Implementing Regulation (EU) 2018/7643 of 9 April 2018 establishing practical arrangements for issuing single safety certificates to railway undertakings pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council, and repealing Commission Regulation (EC) No 653/2007 .

This Regulation sets out the arrangements for railway undertakings when submitting applications through the ‘one-stop shop’ facility for new, renewal or update of single safety certificates. It also sets out the arrangements to be applied by safety certification bodies when assessing applications.

The regulation is applicable (mandatory in all EU member states) from 16 June 2020.

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Prosecutions

> South Devon Railway fined £40k after boy falls through missing toilet floor

The Office of Rail and Road (ORR) prosecuted South Devon Railway Trust under Section 3(1) of the Health and Safety at Work etc. Act 1974.

South Devon Railway Trust has been fined £40,000 Newton Abbot Magistrates' Court after they admitted putting passengers at risk by failing to adequately bar entry to a toilet cubicle which was missing its floor.

The Office of Rail and Road (ORR) investigation also found that the company had an inadequate Safety Management System in place that was 10 years out of date and not fit for purpose.

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> Network Rail found guilty following level crossing accident

On 11 May 2018 Network Rail was found guilty of one offence under the Management of Health and Safety at Work Regulations 1999 and section 33 (1)(c) of the Health and Safety at Work Act.

Signaller Douglas Caddell, 65, suffered life-changing injuries after being struck by a car as he tried to close the level crossing at East Farleigh in Kent on 24 April 2015.

The Office of Rail and Road (ORR) investigation revealed that Network Rail’s risk assessment on 24 February incorrectly assessed the risk of deliberate misuse of the crossing as being ‘significantly lower than average’ and did not constitute a suitable and sufficient risk assessment.

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> BAM Nuttall and McNealy Brown fined £965k after painter falls through waiting room roof

The Office of Rail and Road (ORR) prosecuted BAM Nuttall and McNealy Brown for contravention of Section 3(1) of the Health and Safety at Work Act 1974.

BAM Nuttall and McNealy Brown were fined £900,000 and £65,000 respectively after they admitted failing to put proper procedures and safeguards in place to prevent painter Paul Welstead falling through a ceiling into a passenger waiting room. Mr Welstead, aged 31 at the time of the accident, suffered severe ligament damage and has been unable to return to work as an industrial painter since falling around 10 feet while working at East Croydon railway station on 7 January 2015.

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Health and wellbeing

> Improving assisted travel on railways

Early this year the Office of Rail and Road (ORR) consulted on how assisted travel on the railways could be improved. The responses confirmed that a comprehensive review of the Disabled People’s Protection Policy (DPPP) Guidance should be carried out.

The ORR has published the outcomes of the consultation and next steps.

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April 2018

Railway related

> Personal Protective Equipment Regulations

As of 21 April 2018, Directive 89/686/EEC is repealed by the new Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment (PPE).

The new PPE Regulation is aligned to the New Legislative Framework policy. In addition, it slightly modifies the scope and the risk categorisation of products. It also clarifies the documentary obligations of economic operators.

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Health and wellbeing

> Carcinogens in the workplace

On 10 January 2017, the European Commission published its second proposal to amend the Carcinogens and Mutagens Directive – CMD (Directive 2004/37/EC), the proposal included expanding its scope and revising occupational exposure to chemical agents that may cause cancer or mutations. Although the proposal was welcomed, it was criticised for its lack of ambition and because diesel-engine exhaust emissions where not included.

Members of the employment and social affairs committee of the European Parliament have voted on 27 March 2018 to add a workplace exposure limit for diesel exhaust emissions to the updated CMD. They also agreed to regulate exposure levels for oils used in rail and other industries that could be absorbed through the skin with potentially harmful effects.

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March 2018

Prosecutions

> Network Rail fined £733,000 for freight train derailment

The Office of Rail and Road (ORR) prosecuted Network Rail Infrastructure Ltd for contravention of section 3(1) of the Health and Safety at Work etc. Act 1974.

Network Rail has been fined £733,000 on 15 March 2018 at Bristol Crown Court for failing to undertake adequate maintenance to prevent the derailment of a freight train near Gloucester in October 2013.

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> Northern Excavators in Northern Ireland fined after train hit excavator bucket

Northern Excavators, a Northern Irish company, failed to remove an excavator bucket from the Belfast to Dublin railway line following overnight repair work, a six-carriage train carrying eight passengers and three crew members struck the bucket at a speed of 92 km/h.

Northern Excavators was sentenced at Craigavon Crown Court, the company was fined £4,000 for breaching Art 5(1) of the Health and Safety at Work (Northern Ireland) Order 1978 and a further £4,000 for breaching regulation 5(1) of the Management of Health and Safety at Work Regulation (Northern Ireland) 2000. It was also ordered to pay £1,092 costs.

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Interoperability

> Explanatory note on the CSM Assessment Body

The European Union Agency for Railways has published an explanatory note on the main requirements to be fulfilled by the assessment body defined in the Common Safety Method for risk assessment. The note is intended to help Member States understanding the responsibilities set on them in Article 13 of the CSM.

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> ERA Opinion on possible revision of INF TSI – rail fastening systems

The European Union Agency for Railways has published an Opinion (ERA/OPI/2017-7) to the European Commission proposing a revision of the wording of point 5.3.2 (b) of the Infrastructure Technical Specification for Interoperability, concerning performance and specifications of the ‘rail fastening systems’ of Interoperability Constituents to improve legal certainty and avoid diverging interpretations.

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> ERA Advice on Interoperability Constituent ‘running gear’

The European Union Agency for Railways has published Advice (ERA/ADV/2017-2) to the European Commission concerning bogies holding an Interoperability Constituent certificate issued according to the former Technical Specification for Interoperability regarding freight wagons (WAG TSI), without assessment of the strength of the bogie frame, offering additional elements of clarification on how to evaluate compliance with the requirement ‘Structural design of bogie frame’ set out in point 4.2.3.6.1 of the current WAG TSI.

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Health and wellbeing

> Work-Related Musculoskeletal Disorders Summit

The Health and Safety Executive (HSE) will hold the Work-Related Musculoskeletal Disorders (MSDs) Summit in London on 21 March 2018.

The programme includes what HSE is doing to prevent and control exposure to MSDs, how design solutions can reduce the risks from MSDs, understanding of the risks from the changing workplace and new ways of working.

The summit is open to a wide audience, including: employers, health and safety professionals, key industry sectors, academics and occupational health provides.

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February 2018

EU regulations

> Revision of TAF TSI

The Official Journal of the European Union has published Commission Implementing Regulation (EU) 2018/278 of 23 of February amending the Annex to Regulation (EU) No 1305/2014 as regards the structure of the messages, data and message model, Wagon and Intermodal Unit Operating Database, and to adopt IT standard for the communication layer of the Common Interface.

This regulation amends the list of technical documents in Appendix I of the Technical Specification for Interoperability relating to the Telematics Applications for Freight (TAF TSI). It enters into force on 16 March 2018.

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Interoperability

> ERA Opinion on potential deficiency of the ENE TSI

The European Union Agency for Railways has published an Opinion (ERA/OPI/2017-3) to the European Commission. The request for technical opinion asks for a possibility to use the method defined in clause 5.2.5 of the draft prEN 50367 in current electrification projects. EN 50367 is a reference standard on technical criteria for the interaction between pantograph and overhead line.

The Agency believes the method defined in clause 5.2.5 of the draft prEN 50367 can be considered as an acceptable means of compliance until the appropriate amendment and future revised ENE TSI.

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> ERA Opinion on possible revision of CCS TSI – rolling stock compatibility with axle counters

The European Union Agency for Railways has published an Opinion (ERA/OPI/2017-4) to the European Commission. The Opinion recommends that a future revision of the technical document ‘Interfaces between CCS track-side and other subsystems’ (ERA/ERTMS/033281) should include corrections to chapters regarding vehicle design characteristics required for axle counters.

ERA/ERTMS/033281 is referenced in the list of mandatory specifications in Annex A in the Control-Command and Signalling Technical Specification for Interoperability (CCS TSI).

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Other news

> Online event - Managing sleep and fatigue on railway projects

The IOSH Railway Group is running a webinar on managing sleep and fatigue on railway projects on Wednesday 14 February 2018 from 12:30 to 13:30. The webinar is free to anyone who have an interest in the rail industry.

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> TAF TSI Workshop

The TAF TSI is the Technical Specification for Interoperability relating to the Telematics Applications for Freight subsystem. The European Union Agency for Railways is organising the 7th Regional TAF TSI Workshop, it will take place in Bucharest, Romania, on 7 and 8 March 2018.

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