Dynamic work on the amendment to the Act on rail transport

Dynamic work on the amendment to the Act on rail transport

On February 11, 2021 the government draft amendment to the act on rail transport was submitted to the Sejm [PL: Sejm Rzeczypospolitej Polskiej]. The proposed changes are aimed at adjusting the Polish railway law to EU regulations related to the interoperability of the rail system and railway safety. After three readings of the draft amendment in the Sejm [PL: Sejm Rzeczypospolitej Polskiej] and the adoption of the Act on February 25, 2021, the Act was passed along to the President and  the Marshal of the Senate [PL: Marszałek Senatu]. Therefore, the course of work on the amendment to the Act ran very smoothly.

Bearing in mind that a large part of the provisions of the 4th Railway Package is contained in the directly applicable executive regulations issued by the European Commission, the amendment to the Rail Transport Act somewhat removes conflicts of national regulations with EU law. The most important changes that stem from the amendment and will be introduced to the Act on Rail Transport include:

  • Change in the procedure for placing railway vehicles on the market. After the amending act becomes effective, the competent authority (the European Union Agency for Railways or the President of the Office of Rail Transport [PL: Prezes Urzędu Transportu Kolejowego]) will issue the applicant a permit to place the railway vehicle on the market, instead of the existing permit for placing the railway vehicle in service.
  • Pre-authorization of the ERTMS system by the European Union Agency for Railways in the field of the control-command and signaling trackside subsystem.
  • Formalizing the change in the role of the President of the Office of Rail Transport [PL: Prezes Urzędu Transportu Kolejowego]) with regard to issuing certain permits for placing railway vehicles on the market.
  • Introducing changes to the Polish legal system in the scope of issuing documents related to railway safety. Instead of the existing safety certificates in two parts A and B, the Act introduced a consistent safety certificate issued by the European Union Agency for Railways or the President of the Office of Rail Transport [PL: Prezes Urzędu Transportu Kolejowego].
  • Modification of the rules for obtaining safety authorizations of infrastructure managers and safety certificates for users of railway sidings.
  •  New requirements for infrastructure managers applying for safety authorization.
  • Imposing an obligation on railway carriers to  assist to the families of fatal accident victims, seriously injured persons and their families.

Access to the full text of the government's draft amendment to the Act on Railway Transport is available at the following link: http://www.sejm.gov.pl/sejm9.nsf/agent.xsp?symbol=RPL&Id=RM-0610-11-21

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