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Railway Transport Traffic and Safety Control Regulation No. 348/2015

COUNCIL OF MINISTERS Regulation NO. 348/2015

COUNCIL OF MINISTERS REGULATION TO

PROVIDE FOR THE RAILWAY TRANSPORT TRAFFIC AND SAFETY CONTROL

This Regulation is issued by the Council of Ministers pursuant to Article 5 of the Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 691/2010 and Article 28 of the Transport Proclamation No. 468/2005.

PART ONE

GENERAL PROVISIONS

1. Short Title

This Regulation may be cited as the -Railway Transport Traffic and Safety Control Regulation No. 348/2015″.

2. Definition

In this Regulation unless the context requires otherwise:

1/ “train network” means a network that helps to render train transport service comprising rail. safety and communication equipments,

maintenance garage and train stations without including the train moving on the rails;

2/ “operator” means a train network operator or train operator;

3/ “train network operator” means an owner of a train network who administers a train network:

4/ “train operator” means a person that renders train transport service either on his own train network or a train network owned by another person by using his own train or a train owned by another person:

5/ “train master” means a natural person who guides and controls the movement of train on the rail;

6/ “train master competency permit” means a permit issued by the Authority in accordance with the relevant law to drive a train in Ethiopia;

7/ “train” means a motor vehicle that moves on trail built for train, and includes trucks with no independent motor but attached and drawn to a train and pushed or pulled to move on the trail;

8/ “rail” shall have the definition provided for under the Transport Proclamation No. 468/2005;

9/ “train station- means a terminal where train load or unload passengers and goods;

10,’ “maintenance garage” means a garage which is part of train network established with the main duty of repairing a train, trail. safety and communication equipments and train stations; and have responsibility to ensuring on the daily basis that the train network and the trains are technically free froiir defects before commencing their services;

11/ “depot” means a place where movement of train is controlled, deployment of train is ordered, and truck connection and disconnection is conducted;

12/ “train safety management system” means a formal framework for integrating safety into day-to-day train operations and includes safety goals and performance targets. risk assessment responsibilities and authorities, rules and procedures, monitoring and evaluation processes and other similar matters;

13/ “safety and communication equipments-means equipments that are used to keep the safety of the train operation which includes electronic equipments, traffic signs and indicators;

14/ “train operation inspector” means an employee of the operator who guides and inspects movement of the train being at the depot and stations;

15/ “train accident- means an accident or incident that occurs from the train network or in the train and causes damage on the life of a person or property in the train network or in the train or outside the train network or the train; or an accident or incident that v;:,-..urs outside of the train network or the train and causes damage on the lite of a person or property inside the train and the train network:

16/ “occurrence of safety threat” means any occurrence that did not cause damage on a person or property. but could have caused damage or could cause damage:

17/ “registration certificate” means a certificate of registration issued by the Authority after registering train network operator. train operator and train:

18/ “certificate of competency” means professional competency certificate issued by the Authority to the train network operators and train operators;

19/ “audit and inspection officer” means an officer assigned by the Authority to inspect and audit the competency of train network, operator and professionals;

20/ “Authority” and “Director General” means the Transport Authority and the Director General of the Transport Authority provided for under the Transport Proclamation No. 468/2005, respectively:

22/ “person- means any natural or juridical person.,

23/ any expression in masculine gender includes the feminine.

3. Objective

The objective of this Regulation is to ensure and provide safe and efficient train network and train transport. service.

4. Scope of Application

1) In This Regulation shall be applicable to train network, operator. train and train transport service operation in Ethiopia.

2) Notwithstanding the provision of sub-article

(1) of this Article. the Ministry may issue directive on the train network, operator and train transport operations on which this Regulation may not be applicable.

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