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S.L. 427.99 · Interoperability Of The Rail System (S.L. 427.99)

S.L. 427.99 Art. 2Applicability.

In KraftAmtlicher Text

(1) The following shall be excluded from the scope of these regulations:

(a) metros;

(b) trams and light rail vehicles, and infrastructure used exclusively by those vehicles;

(c) networks that are functionally separate from the rest of the Union rail system and intended only for the operation of local, urban or suburban passenger services, as well as undertakings operating solely on those networks;

(d) privately owned railway infrastructure, including sidings, used by its owner or by an operator for the purpose of their respective freight activities or for the transport of persons for non-commercial purposes, and vehicles used exclusively on such infrastructure;

(e) infrastructure and vehicles reserved for a strictly local, historical or touristic use;

(f) light rail infrastructure occasionally used by heavy rail vehicles under the operational conditions of the light rail system, where it is necessary for the purposes of connectivity of those vehicles only; and

(g) vehicles primarily used on light rail infrastructure but equipped with some heavy rail components necessary to enable transit to be effected on a confined and limited section of heavy rail infrastructure for connectivity purposes only.

(2) In case of tram-trains operating in the Union rail system, where there are no TSIs that apply to those tram-trains, the following shall apply:

(a) national rules or other relevant accessible measures shall be adopted in order to ensure that such tram-trains meet the relevant essential requirements;

(b) national rules may be adopted in order to specify the authorisation procedure applicable to such tram-trains. The authority issuing the vehicle authorisation shall consult the relevant national safety authority in order to ensure that mixed operation of tram-trains and heavy rail trains meet all essential requirements as well as relevant common safety targets;

(c) by way of derogation from Article 21 of Directive

(EU) 2016/797, in the case of cross-border operation, the relevant competent authorities shall cooperate with a view to issuing the vehicle authorisations. This does not apply to vehicles excluded from the scope of these regulations in accordance with regulation 2(1).