The Railways Regulations (Northern Ireland) 2003

Explanatory Note

(This note is not part of the Regulations.)

These Regulations implement Council Directive 91/440/EEC of 29th July 1991 (O.J. No. L237, 24.8.91, p. 25) on the development of the Community’s railways and Council Directives 95/18/EC and 95/19/EC of 19th June 1995 on the licensing of railway undertakings and on the allocation of railway infrastructure capacity and the charging of infrastructure fees (O.J. No. L143/75, 27.6.95, p. 70-75).

The Regulations require any railway undertaking which is also an infrastructure manager to prepare and maintain accounts separately for the provision of transport services and infrastructure management (regulation 4), and require the infrastructure manager to ensure that the expenditure on railway infrastructure he incurs does not exceed the income he receives from infrastructure fees (regulation 5). They lay down requirements as to the fees to be charged by the infrastructure manager for the use of railway undertakings who will in return provide the Department with such information as it needs to determine whether fees are charged on a non-discriminatory basis (regulations 6 and 7 and Schedule 1).

The Department is designated as the allocation body for Northern Ireland responsible for handling applications for railway infrastructure capacity (regulation 8). Detailed procedures for the handling of applications for infrastructure capacity are specified in regulation 9 where the application is made to the allocation body for Northern Ireland, and in regulation 10 where the application is made elsewhere in the European Union. Access or transit rights will only be granted subject to an agreement being entered into with the infrastructure manager (regulation 9(11)) which will include the applicant providing a safety certificate issued by the Department as specified in regulation 11. Railway undertakings aggrieved by a decision of an allocation body may appeal against that decision (regulation 12).

The unlicensed provision of international services is made a criminal offence (regulation 13). The Department is appointed as the authority to issue international licences (regulation 14). Applicants for such licences must satisfy requirements as to good repute, professional competence, financial fitness and third party liabilities (regulation 14 and Schedule 2). Such licences are valid for as long as the licence holder complies with these Regulations and any licence conditions (regulation 16). The Department is empowered to monitor and suspend or revoke such licences in certain circumstances (regulation 17).

International groupings and railways undertakings are given statutory authority in respect of the provision of international services in exercise of rights granted under the regulations (regulation 19). Such groupings and undertakings are not to be common carriers in respect of the provision of such services (regulation 20).

Any person affected by a refusal or failure to comply with obligations arising under the regulations referred to in regulation 22, and who suffers loss or damage caused by the refusal or failure, may bring a civil action, and the Department may seek to enforce compliance by civil proceedings for an injunction (regulation 22). It is an offence knowingly to provide false information under or for the purpose of the Regulations (regulation 23).

Copies of the above noted Directives may be obtained from TSO, 16 Arthur Street, Belfast BT1 4GN.