3 Access Conditions

3.1 Introduction

See the Railway Regulations, Chapter 2.

3.1.1 Access conditions by section

3.1.1.1 COTIF

Norway is a signatory to the Convention concerning International Carriage by Rail (COTIF), see the COTIF Act.

CIM lines: All railway lines in the Norwegian rail network rail networkThe rail network managed by Bane NOR, which is the entire Norwegian rail network.
CIV lines: All railway lines in the Norwegian rail network.

Intergovernmental Organisation for International Carriage by Rail(opens in a new tab)
(OTIF)(opens in a new tab) has updated lists of all railway and ferry lines where CIM and CIV are applicable to international railway transport.

3.1.1.2 TEN – the trans-European conventional railway system

The Norwegian part of the trans-European conventional rail network includes the following lines:

• The Østfold Line (Oslo–Moss–Kornsjø)
• The Vestfold Line (Oslo–Drammen–Skien)
• The Bratsberg Line (Nordagutu–Skien)
• The Kongsvinger Line (Oslo–Kongsvinger–Charlottenberg)
• The Sørland Line (Oslo–Hokksund–Stavanger)
• The Bergen Line(Oslo–Hokksund–Hønefoss–Bergen) (Oslo–Roa–Hønefoss)
• The Dovre Line (Oslo–Dombås–Trondheim)
• The Meråker Line (Trondheim–Storlien)
• The Nordland Line (Trondheim–Bodø)
• The Ofot Line (Narvik–Vassijaure)

3.2 General Access Requirements

See the Railway Regulations, Chapter 2.

3.2.1 Conditions for applying for capacity

The following enterprises meet the conditions to apply for infrastructure capacity in Norway:

• Railway undertakings that have access to service operation on the Norwegian rail network rail networkThe rail network managed by Bane NOR, which is the entire Norwegian rail network., provided that the company has a licence and a safety certificate for the type of transport and section in question.

Enterprises that may be given access to service operation on tracks that form part of the Norwegian rail network can also apply for infrastructure capacity. The intention is to help ensure that potential railway undertakings that are in the process of acquiring licences and safety certificates are able to participate in the capacity allocation capacity allocationA collective term teferring to the infrastructure manager's planning and allocation of infrastructure capacity as well as access to serice facilities and the services in these. process. Bane NOR permits such enterprises to apply for train paths. For the application to be taken into account when the timetable is established, Bane NOR can require the enterprise to substantiate the fact that it will have received permission prior to the consultation deadline for proposals for the timetable, see Chapter 4.5.

• Applicant – A railway undertaking or international association of railway undertakings or natural or legal persons, for example competent authorities pursuant to Regulation (EC) no. 1370/2007 and shippers, freight forwarders and combined transport operators, who have a generally beneficial or business interest in being allocated infrastructure capacity, See Section 1-7 p. of the Railway Regulations.

Such permission can be given either when the annual capacity allocation process begins or when applications for train paths must be sent before which the railway undertaking is to provide the services has been clarified.

Any applicant that is not a railway undertaking must appoint an railway undertaking that will run the services and that must conclude or have concluded an agreement with Bane NOR in accordance with the Railway Regulations, Section 10-1. The deadline for appointing a railway undertaking is 30 days before the planned departure time from the departure station.

In accordance with the Railway Regulations, Section 8-1 (2), transferring allocated capacity to others or another type of transport service is prohibited. When an railway undertaking provides a transport service on behalf of an applicant an applicantA railway undertaking or an international association of railway undertakings or physical or legal persons, such as the competent authorities pursuant to Regulation (EC) No 1370/2007 and shippers, forwarders, and operators in combined transport, who have a public service or commercial interest in being allocated infrastructure capacity, cf. Railway Regulations § 1-7 p. that is not an railway undertaking, this is not to be regarded as a transfer.

Jf. jernbaneforskriften kapittel 2.

3.2.1.1 Access to enter the driver’s cab

Personnel carrying out inspections of lines for Bane NOR must be given access to driver’s cabs to the necessary extent. Bane NOR cannot demand such access if the railway undertaking has to reject this as a consequence of requirements in Acts or Regulations, or internal procedures that implement requirements in Acts or Regulations.

Railway undertakings must formulate their procedures for access to driver’s cabs in such a way that it is possible to conclude an agreement providing an inspector with space in a driver’s cab at short notice (less than one hour).

For its part, Bane NOR is responsible for ensuring that the inspector does not disrupt the train crew unnecessarily.

The reason for this requirement is to avoid reserving more infrastructure capacity than necessary for inspection and maintenance, and also to ensure that Bane NOR has a realistic view of visibility conditions for the train crew.

3.2.1.2 Bane NOR’s primary operating responsibility

See the Working Environment Act, Chapter 2.

When several employers operate at the same work site simultaneously, employees may be subject to additional risk as a result of the activities being run by employers other than their own. Therefore, each employer must ensure that their own activities are arranged in such a manner that other employees are also protected in accordance with the rules stipulated in the Working Environment Act. Responsibility for coordination of protection and environmental work rests with the principal enterprise.

Principal operating responsibility relating to railway activities:

When personnel employed by railway undertakings perform tasks relating to lines administered by Bane NOR, Bane NOR is to be considered the principal enterprise. For example, Bane NOR carries out section inspections with railway undertakings.

The primary operating responsibility for parts of the Bane NOR rail network, which constitute a natural part of terminals, workshop areas and shunting areas and where no regular passenger and freight services operate, rests with the company responsible for the main activity in the area.

The principal enterprise at freight terminals is the company with the most employees at the terminal, or the company that is responsible for the main activity on the terminal site. If there is any doubt, emphasis is also placed on which undertaking has a right to manage, and on any relationship that may be established between superior and subordinate.

3.2.2 Conditions for access to the railway infrastructure

See Section 2-1 of the Railway Regulations. Pursuant to Section 2-1 of the Railway Regulations, railway undertakings shall be entitled to access the rail network, subject to the limitations that arise from this provision and Section 2-2 of the Railway Regulations. The right to operate in the rail network shall also be subject to the undertakings holding the licences and safety certificates required under the Licensing Regulations and the undertakings fulfilling all other requirements imposed by Bane NOR concerning rail network operations.

To be able to exercise access rights to the rail network, railway undertakings must be affiliated to a joint trade association specified by the JDIR JDIRA common abbreviation referring to the Norwegian Railway Directorate (Jernbanedirektoratet)., see Section 2-1 (4) of the Railway Regulations.

This access also includes necessary transport of vehicles on the rail network, as well as test running and running in connection with training, see the Railway Regulations, Section 2-1 (2).

3.2.3 Lisence

See Chapter 12 of the Railway Regulations. Licences pursuant to Chapter 12 of the Railway Regulations are issued by the Norwegian Railway Authority (SJT). See below for contact information for SJT.

3.2.4 Safety certificate

See Chapter 5 of the Railway Safety Regulations.

Safety certificates pursuant to the Railway Safety Regulations are issued by the ERA or the Norwegian Railway Authority (SJT). 

3.2.5 Insurance

See Section 12-6 of the Railway Regulations.

Railway undertakings must have sufficient insurance or a sufficient guarantee to cover any liability to pay compensation that may result from their activities, including covering their liability to pay compensation in the event of accidents, particularly involving passengers, luggage, freight, post and third parties. The insurance policy or guarantee must, as a minimum, provide coverage of 4500 G (the national insurance basic amount) per claim.

Bane NOR requires the insurance policy or guarantee to be sufficient to cover the liability of the railway undertaking or others for whom the undertaking is responsible in respect of Bane NOR, including damage to infrastructure, cleanup after operational failures, requisition and rescue and fire extinguishing.

Bane NOR is insured in the private insurance market.

3.3 Contractual Arrangements

3.3.1 Framework conditions

See Chapter 7 of the Railway Regulations and the Regulations of 8 July no. 2363 concerning the implementation of Regulation (EU) 2016/545 on procedures and criteria concerning framework agreements for the allocation of rail infrastructure capacity.

Infrastructure capacity applicants can apply to conclude a framework agreement with Bane NOR concerning the use of infrastructure capacity for a period longer than a timetable period. See the Railway Regulations, Section 7-1. Any framework agreements must meet the conditions set out in Chapter 7 of the Railway Regulations and the Implementing Regulation for Regulation (EU) 2016/545. Bane NOR has a restrictive practice with regard to conclusion of such framework agreements with a view to ensuring efficient utilisation of rail network rail networkThe rail network managed by Bane NOR, which is the entire Norwegian rail network. capacity. Bane NOR announces any new or revised framework agreements to the Norwegian Railway Authority within 4 weeks of entering into an agreement, See Section 7-1(2) of the Railway Regulations.

Bane NOR uses the RNE RNERailNetEurope is a joint European organization aimed at facilitating international traffic. framework agreement as the template for its framework agreement.

3.3.2 Contract with railway undertakings (ATS)

See the Railway Regulations, Section 10-1.

An ATS (Agreement on Track Access and Use of Services Agreement on Track Access and Use of ServicesThe agreement between Bane NOR and railway undertakings concerning the use of the railway infrastructure and related services according toRailway Regulations, Section 10-1 and Network Statement annex 2.3.1.) is the only agreement that railway undertakings may conclude with Bane NOR for delivery of the minimum access package, see Section 4-1 of the Railway Regulations – see Chapter 5.2.2.

It is not necessary to have concluded an ATS before applying for routes, but it is necessary in order to be allocated routes.

The applicable ATS is available in ATS, Annex 3.3.2. A printed copy can also be requested by contacting Bane NOR.

The format of ATSs may be amended and new ATSs may be concluded irrespective of the validity period for the Network Statement. There is no independent approval of ATSs.

The ATS gives railway undertakings the right to use services which are provided by Bane NOR to undertakings and are covered by the Railway Regulations, Sections 4-2, 4-4 and 4-5, along with the right to access up to these services. A separate agreement must be concluded with Bane NOR for the use of other services provided by Bane NOR and which fall outside the scope of the Railway Regulations and ATS.

Railway undertakings must consult the proprietor of the service facility in question for access to and services at other parties’ service facilities. Access to tracks administered by Bane NOR up to other parties’ additional technical areas forms part of the basic service package – see ATS, Section 9.1.1.

3.3.3 Contracts with non-railway undertaking applicants

Applicants other than railway undertakings applying for infrastructure capacity do not need to conclude contracts or similar with Bane NOR or others in order to apply for infrastructure capacity from Bane NOR, but they must follow the process established by Bane NOR and have access established in Bane NOR’s systems, etc. before applying for infrastructure capacity. Bane NOR only provides access to applicants that meet application requirements in accordance with the Railway Regulations, Section 1-7, letter p).

The following terms are applicable to applicants for the use of allocated train paths:

• To use allocated infrastructure capacity, the applicant must specify one or more railway undertakings that involve operating trains – see the Norwegian Railway Regulations, Section 8-2, first paragraph.
• The applicant must provide written information to Bane NOR within 30 days of train operation commencing to indicate which railway undertaking will be operating trains. If more than one railway undertaking is to operate trains, the applicant must also provide written notification to Bane NOR within the same deadline to indicate which railway undertaking(s) is (are) to operate trains linked with each individual train path (30 days before each individual train operation).
• If the applicant replaces railway undertakings, the applicant must provide written notification to Bane NOR of the replacement within 30 days of the replacement taking place.
• Railway undertakings that will operate trains must have concluded an Agreement on Track Access and Use of Services Agreement on Track Access and Use of ServicesThe agreement between Bane NOR and railway undertakings concerning the use of the railway infrastructure and related services according toRailway Regulations, Section 10-1 and Network Statement annex 2.3.1. (ATS) with Bane NOR before commencing train operation and must meet other requirements specified for the operation of trains using Bane NOR infrastructure – see a class="wikilink1" href="~/link/7a9515d4e8f6462ab28f8e70fa79d871.aspx" data-wiki-id="vedlegg:ast">AST, Section 10.1.
• Infrastructure charges and charges for other railway-related services must be paid by the railway undertaking operating the trains.
• The railway undertaking that is to operate trains must pay a reservation charge in accordance with the Railway Regulations, Section 6-7, for capacity allocated but not used. If the applicant fails to designate a railway undertaking to operate trains, the applicant must pay the reservation charge.
• The applicant bears joint and several liability for any claim Bane NOR makes against the railway undertaking designated to operate trains, including claims arising out of a breach of obligations in accordance with ATS or claims based on general compensation rules.
• If the applicant fails to meet requirements pursuant to Acts or Regulations or fails to meet conditions defined by Bane NOR as a basis for allocation of the train path, Bane NOR may withdraw the train path. ATS, section 11, paragraphs 4, 5, 6 and 7 are similarly applicable to applicants.

Bane NOR may specify further conditions for applicants on the basis of the train operation in question. Such further conditions must be indicated in the decision on train path allocation that is communicated to the applicant.

3.3.4 General terms and conditions

The general terms and conditions set down by Bane NOR concerning use of the Norwegian rail network can be found in ATS – see ATS, Annex 3.3.2.

Bane NOR does not apply European General Terms and Conditions (EGTC).

3.4 Specific Access Requirements

3.4.1 Rolling stock acceptance

The Norwegian Railway Autority (SJT) gives permission to commission vehicles, see the Interoperability Regulations(opens in a new tab).

National technical requirements for vehicles are specified in the Vehicle Regulations(opens in a new tab).

Information on the process is available from SJT. 

Vehicles used by Bane NOR, be they their own vehicles or hired machines used in connection with assignments being carried out for Bane NOR, must also have Bane NOR wagon labels with a valid JBV JBVAn abbreviation referring to the the former Norwegian national railway administration responsible for the infrastructure of the railway network technical inspection deadline (BN TKF) issued by Bane NOR.

3.4.1.1 Requirements for equipment in traction units

For drivers to have access to various control cabinets, such as crank boxes and control cabinets for level crossing barriers, all traction units must be equipped with “CTC keys”.

3.4.1.2 Gas and smoke protection equipment on trains

To be able to move trains safely away from a hazardous area in the event of a fire, hazardous gas container leakage, etc., it is recommended that all trains be equipped with gas masks to provide gas and smoke protection. Passenger trains should be equipped with two sets of gas and smoke protection equipment, one being placed in the traction unit for the train driver to use and the other being placed together with the train’s other emergency response equipment for other on board staff to use. In trains with two driver’s cabs, there should be one set of equipment provided for each of the driver’s cabs.

3.4.2 Staff acceptance

Drivers must have a driving licence issued by a national safety authority and a certificate issued by the railway undertaking. Bane NOR is not responsible for training or approval of drivers, on board staff or shunting personnel.

Requirements of relevance to drivers are specified in the Driver Regulations(opens in a new tab).

Requirements of relevance to on-board staff and shunting personnel are specified in the Training Regulations and TSI-OPE.

3.4.3 Exceptional transport

Exceptional transport is defined in the same way as in UIC brochure 502-1, article 1.3. Bane NOR uses the UIC definition. Bane NOR decides on whether exceptional transport may be permitted, and if so under which conditions. Handling of exceptional transport is described in Chapter 4.7.

3.4.4 Dangerous goods

The transport of dangerous goods is governed through the Regulations on land transport of dangerous goods, including ADR/RID.

3.4.5 Test trains and other special trains

Test trains are subject to permission from the Norwegian Railway Authority – see the Vehicle Regulations(opens in a new tab).