Uniform Rules concerning the Technical Admission of Railway Material used in International Traffic (ATMF)
Article 1.
Scope
These Uniform Rules shall establish a procedure by which the railway vehicles and other railway equipment are authorized for service or use in international traffic.
Article 2.
Definitions
For the purposes of these Uniform Rules and Annex, expression:
a) "Contracting State" means any Member State of the, which has not made, accordance with Article. 42 § 1, the first sentence of the Convention, reservations concerning the Uniform Rules,
b) "International traffic" means the movement of railway vehicles on railway lines linking the territories of at least two Contracting States,
c) "Railway company" means any private or public, authorized to carry goods or passengers, and which provides traction,
d) "Infrastructure manager" means any establishment or any authority managing the railway infrastructure,
and) "Holder" means a person, who being the owner or authorized to dispose, continuously operated commercially rolling stock as a means of transport.
f) "Technical approval" means a procedure carried out by the competent authorities in order to allow for movement of a railway vehicle and other railway equipment for use in international traffic.
g) "Type approval means the procedure for the type of railway vehicle by the competent authorities, authority under which it recognizes the right of issue, simplified procedure, release to service vehicles responding to this type of construction,
h) "Putting into service" means the right to traffic in international traffic allocated to each of a railway vehicle by the competent authorities,
i) "Railway vehicle" means any vehicle capable of moving on its own wheels on railway lines with or without traction drive,
j) "Other railway equipment" means any device designed to train usage in international non-railway vehicle,
k) "Committee of Technical Experts" means the Commission, referred to in Article. 13 § 1 lit. f) Convention.
Article 3.
Admission for international
§ 1. Any railway vehicle that could be included in international traffic, should be permitted in accordance with these Uniform Rules.
§ 2. The purpose of a maintenance release is to check whether the railway vehicles are responsible:
a) rules of construction contained in the Annexes to the Uniform Rules APTU,
b) regulations for construction and equipment contained in the annex to the RID,
c) special conditions of release when applying Article. 7 § 2 lub § 3.
§ 3. The provisions of § 1 i 2 and the following articles shall apply to the maintenance release of other railway equipment, construction elements, or a vehicle or other railway equipment.
Article 4.
Procedure
§ 1. Technical Approval is:
a) in one step, as a result of release to service a single railway vehicle, or
b) in two successive stages through:
1. type approval for a type of railway vehicle,
2. then, for exploitation of a single type of vehicles corresponding to the following simplified procedure confirming the membership of this type.
§ 2. These provisions are without prejudice to the provisions of Article. 10.
Article 5.
The competent authorities
§ 1. Technical Approval railway vehicles in international traffic shall be the scope of the right in this area of national or international authorities,, accordance with the laws and the law in force in each Contracting State.
§ 2. Authorities, referred to in § 1 may refer to organizations deemed to be competent authority to grant a maintenance release provided, that they ensure their supervision. The transfer of powers in the granting of a maintenance release to another rail transport company, the exclusion of other such companies are prohibited. Also, prohibited the transfer of powers to the infrastructure manager, which directly or indirectly involved in the construction of railways.
Article 6.
Recognition of maintenance release
Type approval and entry into service and relevant certificates issued by the competent authorities of the Contracting State in accordance with these Uniform Rules shall be recognized by the, rail transport operators and infrastructure managers in other Contracting States, without having to re-examination and re-release of technical, required for the movement and use of their territory.
Article 7.
The rules of construction vehicles
§ 1. Technical vehicles that they can be put into service in international, should correspond to:
a) rules of construction contained in the Annexes to the Uniform Rules APTU,
b) regulations for construction and equipment contained in the annex to the RID.
§ 2. In the absence of relevant provisions in Annexes APTU Uniform Rules, the maintenance release shall be generally recognized technical rules. Technical standard, even if it is approved in accordance with the procedure laid down in these Uniform Rules APTU, is evidence, that contained in this standard knowledge represents a generally recognized principle of technical.
§ 3. In order to allow the technical development permitted deviation from the generally recognized technical rules and regulations on the construction of the annexes to the Uniform Rules APTU, provided it is proved, that:
a) at least the same level of security, which ensures compliance with these rules and regulations, and
b) interoperability
will be provided. § 4. Where a Contracting State intends to allow the vehicle in accordance with § 2 lub § 3, shall immediately inform the Secretary General of the Organization. The Secretary General shall notify the other Contracting State. Within one month after receiving notice of the Secretary-General, Contracting State may request the convening of the Committee of Technical Experts to determine whether the conditions for application of § 2 lub § 3. Commission decides on the matter within three months, date of receipt by the Secretary General of the Commission's proposal to convene.
Article 8.
Provisions on the construction of other railway equipment
§ 1. Other railroad equipment, that they can be used in international traffic shall, comply with the provisions of the construction in the Annexes to the Uniform Rules APTU.
§ 2. Art. 7 § 2 do § 4 shall apply mutatis mutandis.
§ 3. Responsibilities of the Contracting States, under the European Agreement on Main International Railway Lines (AGC) of 31 May 1985 year, and with the European Agreement on important combined transport lines and associated facilities (AGTC) of 1 February 1991 years, remain intact.
Article 9.
Operating Rules
§ 1. Railway company operating the railway vehicle licensed for operation in international traffic shall be obliged to comply with the operation of a vehicle in international traffic, contained in the Annexes to the Uniform Rules APTU.
§ 2. Companies and authorities, infrastructure managers in the Contracting States, including security systems, traffic management, designed and operable to operate in international, are required to comply with the technical provisions in the Annexes to APTU Uniform Rules and the constant supervision of the construction and operation of this infrastructure.
Article 10.
Technical Approval
§ 1. Technical Approval (type approval, placing in service) is associated with the type of construction of a railway vehicle or rail vehicle itself.
§ 2. A technical approval may be requested:
a) producer,
b) railway company,
c) t the holder of the vehicle,
d) owner of the vehicle,
Application may be made to any competent authority of a Contracting State, referred to in Article. 5.§ 3. Applicants for admission to railway vehicles under the simplified procedure (art. 4 § 1 lit. b should attach a document to the application of the release of a, prepared in accordance with Article. 11 § 2 and shall prove, that the vehicle subject of the application for admission to operation, corresponds to this type of construction.
§ 4. Technical Approval shall be granted without regard to the applicant.
§ 5. Technical Approval is generally granted for an indefinite period; it may include a general or limited.
§ 6. Type Approval may be withdrawn, if it is found that the safety, public health and the environment, are no longer guaranteed by the movement of vehicles so constructed or to be constructed in accordance with the type design.
§ 7. Release to service may be withdrawn if:
a) railway vehicle no longer corresponds to the construction of the provisions contained in the Annexes to the Uniform Rules APTU, specific conditions of release pursuant to Article. 7 § 2 or 3 or regulations for construction and equipment contained in the annex to the RID and if the holder, at the request of the competent authority does not remove the defects within the time,
b) are not fulfilled or complied with the obligations or conditions, due to the limited scope of approval in accordance with § 5.
§ 8. Granted admission type of release to service may revoke only the authority, that provided them.
§ 9. Placing in service suspended:
a) when they are not executed: technical supervision, maintenance, checking and maintenance of railway vehicle prescribed in the Annexes to the Uniform Rules APTU, in special conditions of release pursuant to Article. 7 § 2 or 3 or regulations for construction and equipment contained in the annex to the RID,
b) when, in the event of serious damage to the vehicle, was not executed order of the competent authorities of the above to provide a vehicle,
c) in the event of failure to comply with these Uniform Rules and the provisions of the Annexes to the Uniform Rules APTU,
d) If the competent authority so decide.
§ 10. Approval to operate will expire in the event of exclusion from the operation of a railway vehicle; exemption must notify the competent authority, which issued the authorization to operate.
§ 11. In the absence of relevant provisions in these Uniform Rules, the technical approval procedure shall apply the national law of a Contracting State, in which it was made for admission Technical.
Article 11.
Certificates
§ 1. Type approval and entry into service, it is concluded on the basis of separate documents with names: "Certificate of release of" and "certificate of release to service".
§ 2. A certificate of release should contain:
a) Manufacturer's type of railway vehicle
b) all the technical features necessary to identify the type of railway vehicle
c) if necessary, specific conditions of license for the type of railway vehicle and rail vehicles corresponding to the type of.
§ 3. A certificate of release to service must contain:
a) Designation of the holder of a railway vehicle,
b) all the technical features necessary to identify the vehicle; it could also be made by reference to a certificate of release
c) if necessary, specific conditions of license for a railway vehicle,
d) if necessary, the period of validity,
and) vehicle inspections specified in the Annexes to the Uniform Rules APTU, in the special conditions of release pursuant to Article. 7 § 2 lub § 3 or in the regulations on construction and equipment contained in the annex to the RID and other technical studies on specific parts of the structure and equipment of the vehicle.
§ 4. The certificates shall be printed in two or three languages, of which at least one should be the working language of the.
Article 12.
Standardized designs
§ 1. The organization established the model harmonized "certificate of release of" and "certificates of release to service". Designs develops and approves the Committee of Technical Experts.
§ 2. Art.35 § 1 to § 3 do § 5 Convention shall apply accordingly.
Article 13.
Database
§ 1. The organization shall establish and update the database for railway vehicles put into circulation in international transport.
§ 2. The competent authority or, in the case, organizations authorized by them to the acceptance of railway vehicles in service, forthwith communicate to the Organisation of the data necessary for the purposes of these Uniform Rules, for vehicles put into circulation in international traffic. Committee of Technical Experts to determine what data are needed. Only those data are stored in a database. In all cases, the organization shall be to exclude from the operation, Journal of immobilization, withdrawal of release to service and change the vehicle deviates from the approved type of construction.
§ 3. Data collected in the database are not constitutive of the technical admission of railway vehicle.
§ 4. The collected data are available:
a) Contracting States;
b) Rail transport companies involved in international, with their headquarters in the Contracting States;
c) infrastructure managers with their headquarters in the Contracting States, where communication infrastructure is done;
d) manufacturers of rail vehicles, in relation to their vehicles;
and) all holders of rail vehicles, in relation to their vehicles.
§ 5. Appendix to these Uniform Rules defines the data, for access by authorized persons, referred to in § 4 as well as conditions of access. Annex is an integral part of the Uniform Rules. The Audit Committee shall decide on the content of the Annex on the basis of an, referred to in Article. 16, art. 17 i art. 33 § 4 Convention.
Article 14.
The inscriptions and signs
§ 1. Railway vehicles put into service should have:
a) sign to indicate clearly, that they were put into circulation in international traffic pursuant to these Uniform Rules and
b) other inscriptions and signs provided for in the Annexes to the Uniform Rules APTU.
§ 2. Committee of Technical Experts shall sign, referred to in § 1 lit. and dates and transitional, during which the railway vehicles allowed in international traffic may be subtitled, and the characters are different from the, referred to in § 1.
§ 3. Art. 35 § § 1, the 3 do 5 Convention shall apply accordingly.
Article 15.
Maintenance
Railway vehicles and other railway equipment should be maintained in good condition so that their condition is in no way prejudice the danger of exploitation and not harm the environment or public health at the time of their service or their use in international traffic. For this purpose railway vehicles should be inspected and the maintenance work specified in the Annexes to the Uniform Rules APTU, in special conditions of release pursuant to Article. 7 § 2 lub § 3 or regulations for construction and equipment contained in the annex to the RID.
Article 16.
Accidents and serious damage
§ 1. In the event of an accident or serious damage to railway vehicle, Infrastructure Manager, if necessary, together with the holders and the relevant rail companies, are required:
a) immediately take all necessary measures, to ensure the safety of rail traffic, respect for the environment and public health,
b) determine the cause of the accident or serious bodily.
§ 2. For serious damage to the vehicle shall be, if you can not fix it with little effort in order to allow inclusion in the train and ride on its own wheels without danger to life.
§ 3. Accidents and serious damage immediately to the power, who has committed to moving vehicle. The authority may require the damaged vehicle, if possible already repaired, to test the validity of release to service. If necessary,, procedure for release to service should be re-done.
§ 4. The competent authorities of the Contracting States shall notify the Organization of the causes of accidents and serious injuries in international.
Committee of Technical Experts can, at the request of a Contracting State, examine the reasons for the serious accident in international traffic for possible changes or additions to the regulations on construction and operation of vehicles and other railway equipment, contained in the Annexes to the Uniform Rules APTU.
Article 17.
Immobilization and refusal to accept the vehicle
The competent authorities, referred to in Article. 5, other rail transport undertaking or infrastructure manager may not accept or immobilize the vehicle, if compliance with the provisions of the Annexes to the Uniform Rules APTU, Special conditions for admission in accordance with Article. 7 § 2 lub § 3, as well as provisions for construction and equipment contained in the Annex to the RID.
Article 18.
Non-compliance
§ 1. Subject to § 2 i art. 10 § 9 lit. c, legal consequences arising from failure to these Uniform Rules and the provisions of the Annexes to the Uniform Rules APTU defines the internal law of a Contracting State, including conflict rules, the competent authority gives approval to operate.
§ 2. Civil and criminal consequences resulting from failure to these Uniform Rules and the provisions of the Annexes to the Uniform Rules defines APTU, in relation to infrastructure, the internal law of a Contracting State, including conflict rules, where the infrastructure manager is established.
Article 19.
Disputes
Two or more Contracting States, between which the dispute arose concerning the release of the vehicles and other railway equipment intended for use in international traffic, may bring the dispute to the Committee of Technical Experts, if unable to resolve it by negotiation. Disputes of this kind may be brought before the tribunal, accordance with the procedure laid down in Title V of the Convention.
