3 Access Conditions

3.1 Introduction

This part provides an overview of the conditions and requirements for access to Bane NOR's railway network, including the legal and administrative conditions that must be met to use the infrastructure. The aim is to ensure that anyone wishing to operate on the network has the necessary information to plan and conduct train operations in compliance with current regulations.

3.1.1 Access conditions by line sections

3.1.1.1 COTIF

Norway is a party to the Convention concerning International Carriage by Rail (COTIF), an international agreement that regulates the transport of goods and passengers by rail between member countries. This agreement is incorporated into Norwegian law through the COTIF Act.

On the Norwegian railway network, COTIF regulations apply to all railway lines. This means that both goods (under CIM rules) and passengers (under CIV rules) are transported in accordance with the COTIF agreement.

The Intergovernmental Organisation for International Carriage by Rail (OTIF)(opens in a new tab), which administers COTIF, maintains updated lists of all railway and ferry lines where CIM and CIV rules apply to international rail transport. These lists are available through OTIF to ensure that railway transport operators have access to current information on the lines covered by the agreement.

3.1.1.2 TEN – the trans-European conventional railway system

The Norwegian part of the trans-European conventional rail network rail networkThe rail network managed by Bane NOR, which is the entire Norwegian rail network. includes the following lines:

• Østfoldbanen (Oslo–Moss–Kornsjø) (part of the TEN-T core network)
• Vestfoldbanen (Oslo–Drammen–Skien)
• Bratsbergbanen (Nordagutu–Skien)
• Kongsvingerbanen (Oslo–Kongsvinger–Charlottenberg) (part of the TEN-T core network)
• Sørlandsbanen (Oslo–Hokksund–Stavanger)
• Bergensbanen (Oslo–Hokksund–Hønefoss–Bergen) (Oslo–Roa–Hønefoss)
• Dovrebanen (Oslo–Dombås–Trondheim)
• Meråkerbanen (Trondheim–Storlien)
• Nordlandsbanen (Trondheim–Bodø)
• Ofotbanen (Narvik–Vassijaure) (part of the TEN-T core network)

3.2 General access requirements

The conditions for operating on the Norwegian railway network are established in Chapter 2 of the Railway Regulations. 

3.2.1 Conditions for applying for capacity

To apply for railway infrastructure capacity in Norway, an organisation must meet certain criteria:

• Railway undertakings:
  Undertakings licensed to operate on the Norwegian railway network, provided they hold both a licence and a safety certificate for the relevant type of transport and line.
• Undertakings in the process of approval:
  Undertakings that have not yet received a licence and safety certificate but are in the process of obtaining them may also apply for infrastructure capacity. This ensures their participation 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 may require such undertakings to demonstrate that they are likely to obtain the necessary approvals by the timetable consultation deadline, as specified in Chapter 4.5.
• Applicants:
  This includes railway undertakings, international groupings of railway undertakings, as well as individuals or legal entities with an interest in obtaining infrastructure capacity. Examples of such applicants include public authorities under Regulation (EC) No. 1370/2007, as well as shippers, freight forwarders, and operators of combined transport, in accordance with Railway Regulations § 1-7 (p).
  
  If 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. who is not a railway undertaking is allocated infrastructure capacity, they must designate a railway undertaking to carry out the transport. This railway undertaking must have entered into, or be in the process of entering into, an agreement with Bane NOR in accordance with Railway Regulations § 10-1. The applicant must designate this railway undertaking at least 30 days before the scheduled departure time from the departure station.

It is important to note that, according to Railway Regulations § 8-1 (2), the transfer of allocated capacity to others or for a different type of transport service is prohibited. When a railway undertaking provides transport services on behalf of an applicant who is not a railway undertaking, this is not considered a transfer within the meaning of the regulation.

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 must 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 to ensure that Bane NOR has a realistic view of visibility conditions for the train crew.

3.2.1.2 Bane NOR’s principal company responsibility

When several undertakings operate in the same area/workplace, they may pose a working environment risk to one another. Each company must ensure that its operations, and the work carried out by its employees, are organised and performed in such a way that employees of the other undertakings are also ensured a fully safe working environment.

Undertakings operating in the same area must cooperate to ensure a fully safe working environment. When several undertakings carry out work in the same area, one company that has employees on-site must assume the role of the main enterprise. The main enterprise is responsible for coordinating the health, safety, and environmental work of the individual undertakings, cf. the Working Environment Act § 2-2 and the Internal Control Regulations § 6.

The choice of main enterprise is based on an assessment of, among other things

• which company has the best overall overview of the workplace
• which company has the broadest and most permanent connection to the workplace

The company that is stationary, has the most employees on-site, or performs the most extensive work will naturally be regarded as the main enterprise.

It must be agreed in writing which company is responsible as the main enterprise. If no such agreement is reached, the Norwegian labour inspection authority must be notified, and it will then determine which company shall have the responsibility. Bane NOR must be notified in writing of which company is the main enterprise at any given time.

3.2.2 Conditions for access to the railway infrastructure

According to the Railway Regulations § 2-1, railway undertakings have the right to use the railway network, subject to the limitations set out in this provision and in the Railway Regulations § 2-2. To operate on the railway network, a railway undertaking must hold both a licence and a safety certificate in accordance with the licensing regulations. Additionally, the railway undertaking must meet all other requirements set by Bane NOR for access to the railway network.

To exercise access rights, the railway undertaking must be a member of an industry association recognised by the Railway Directorate (JDIR JDIRA common abbreviation referring to the Norwegian Railway Directorate (Jernbanedirektoratet).), in accordance with the Railway Regulations § 2-1 (4).

Access also includes necessary vehicle movements on the railway network, as well as test runs and operations related to training, in accordance with the Railway Regulations § 2-1 (2).

3.2.3 Licences 

The requirement for a licence for railway undertakings is described in Chapter 12 of the Railway Regulations. Licences are issued by the Norwegian Railway Authority (SJT). For more information and contact details, see the information below.

3.2.4 Safety certificate

The safety certificate is regulated by Chapter 5 of the Safety Regulations (sikkerhetsforskriften). Safety certificates are issued either by the European Union Agency for Railways (ERA) or the Norwegian Railway Authority (Statens jernbanetilsyn).

3.2.5 Insurance

In accordance with the Railway Regulations § 12-6, railway undertakings must have sufficient insurance or guarantees to cover liability for damages that may arise from their operations. This includes coverage for compensation claims in the event of accidents, particularly concerning passengers, luggage, freight, mail, and third parties. The minimum requirement for insurance coverage is 4,500 times the basic amount of the National Insurance Scheme (G) per incident.

In addition to the general requirements, Bane NOR imposes specific requirements for insurance or guarantees. This coverage must be sufficient to cover liabilities that the railway undertaking, and any others for whom the railway undertaking is responsible, may have towards Bane NOR. This includes damage to infrastructure, clean-up after operational accidents, requisition and rescue, as well as firefighting.

Bane NOR is insured in the private insurance market.

3.3 Contractual arrangements 

3.3.1 Framework agreement

Bane NOR may enter into framework agreements with applicants for the use of railway infrastructure for a period longer than one timetable period, as facilitated by the Railway Regulations Chapter 7 and EU Regulation 2016/545. Framework agreements must meet specified conditions, and Bane NOR follows a restrictive practice to ensure effective capacity utilization. New or amended agreements must be reported to the Norwegian Railway Authority (SJT) within four weeks. Framework agreements do not have priority in cases of conflicts and/or on congested line sections; therefore, Bane NOR currently does not enter into new framework agreements on congested line sections.

3.3.2 Contracts with railway undertakings

To access the smallest package of services offered by Bane NOR, the railway company must enter into 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. (AST) with Bane NOR, in accordance with the Railway Regulations § 10-1.

It is not necessary to enter an AST before applying for line sections, but the agreement must be in place for the line sections to be allocated. The current AST can be found in Annex 3.3.2 Agreement on track access and use of services, and a printed copy can be ordered by contacting Bane NOR.

Format and validity

The format of the AST may be changed, and new agreements can be entered into independently of the validity period for the Network Statement. No separate approval of the AST is required.

Rights and services

The AST also grants the railway undertaking the right to use the services offered by Bane NOR, as outlined in Railway Regulations §§ 4-2, 4-4, and 4-5. This includes access to the services mentioned. For services that Bane NOR offers but fall outside the scope of the AST and the Railway Regulations, a separate agreement must be made with Bane NOR.

For access to and use of services at other operators' service facilities, the railway undertaking must contact the operator of the service facility. Access to tracks managed by Bane NOR, which lead to other operators' service facilities, is included in the smallest package of services; see a description in Chater 5.4 The minimum access package.

3.3.3 Contracts with non-railway undertaking applicants 

For applicants that are not railway undertakings, the following requirements apply when applying for infrastructure from Bane NOR:

Preliminary requirements:
Before applying for infrastructure capacity, the applicant must

• follow Bane NOR’s established process for access
• create a user in Bane NOR’s systems
• meet the requirements described in the Railway Regulations § 1-7 letter (p)

It is not necessary to enter into an agreement with Bane NOR to submit an application.

Designation of railway undertaking:
To use the allocated capacity, the applicant must designate one or more railway undertakings to operate the train services, in accordance with Section 8-2, first paragraph of the Railway Regulations. The designation must be

• submitted to Bane NOR in writing
• notified no later than 30 days before the train operation begins

If several railway undertakings are involved, it must be clearly stated which company is responsible for each individual train path.

If the railway undertaking is changed, Bane NOR must also be notified in writing at least 30 days before the change takes effect.

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. (AST):
The railway company designated to perform the train operations must have entered into an AST with Bane NOR before train operations commence and must meet all the requirements set out in AST Section 10.1.

Responsibility for fees:
The railway undertaking performing the train operations is responsible for paying the infrastructure charges and other railway-related fees.

If the railway company does not use the allocated capacity, it must pay a reservation fee according to Railway Regulations § 6-7. If the applicant has not designated a railway company, the applicant must pay the reservation fee.

Joint liability:
The applicant is jointly liable for claims that Bane NOR may have against the designated railway company, including

• claims arising from a breach of obligations under the AST
• claims arising from a breach of general liability rules

Revocation of train path:
Bane NOR may revoke an allocated train path if

• the applicant does not meet statutory or regulatory requirements
• the conditions set out in AST point 11 (paragraphs four to seven) are not fulfilled
• other conditions for the allocated train path are not fulfilled

Additional conditions:
Bane NOR may also impose additional conditions on applicants based on the specific train operation. Such conditions will be specified in the decision regarding the allocation of train paths sent 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 AST. The agreement may be found in Annex 3.3.2 Agreement on track access and use of services.

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 Authority (SJT) gives permission to commission vehicles, in accordance with the Interoperability Regulations; national technical requirements for vehicles are specified in the Vehicle Regulations.

Information on the process is available from SJT. 

Vehicles used by Bane NOR – whether owned, hired, or operated by contractors on behalf of Bane NOR – must also have a valid Bane NOR vehicle registration card. This card is issued by Bane NOR and includes a Bane NOR Technical Inspection Deadline (BN TKF). 

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 ensure the safe evacuation of trains from hazardous areas in the event of fire or gas leakage, it is recommended that all trains be equipped with gas and smoke protection equipment.

Passenger trains should carry two sets of this equipment:

• One set should be placed in the driving vehicle, accessible to the driver.
• The other set should be stored together with the train’s other emergency equipment, for use by the rest of the onboard staff.

In units with two driving cabs, one set of gas and smoke protection equipment should be located near each cab.

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 refers to the transportation of goods or units that require special measures or permits, according to the definition in UIC brochure 502-1, Article 1.3. Bane NOR uses this UIC definition to classify exceptional transports.

Bane NOR decides whether an exceptional transport can be permitted, and if so, under what conditions it can be carried out. Details on how exceptional transports are handled, including procedures and requirements, are further 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 Testkjøring

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