PERSONNEL AUTHORIZATION & ATTESTATION

In order to ensure the requirements regarding the safety of train traffic, the security of transport and the quality of services in railway transport, the personnel with responsibilities in traffic safety who are going to carry out on their own responsibility activities specific to railway transport of organizing, driving and carrying out the movement of trains and/or operations of maneuvering, driving and servicing of motor railway vehicles, handling traffic safety installations, checking, maintenance and/or technical revision of the elements of the railway infrastructure and railway vehicles must be authorized.

The authorization of personnel with traffic safety responsibilities, who will carry out on their own responsibility activities specific to railway transport, is carried out by AFER through the Romanian Railway Safety Authority, at the request of railway units or natural persons.

The conditions for the organization and conduct of the authorization exam for personnel with responsibilities in traffic safety, who are to carry out activities specific to railway transport on their own responsibility, are ensured by the National Center for Railway Qualification and Training - CENAFER, through its own endowments or on the basis of concluded contracts with railway units.

The authorization gives the holder the right to carry out on his own responsibility the activities specific to the function for which he was authorized, to perform operations specific to other functions, to handle types of traffic safety installations for which he was authorized, to drive types of motor railway vehicles, other than self-propelled locomotives and to carry out specific activities in the activity of maneuvering and/or driving trains.

The driving license gives the holder the right to drive a certain type of locomotive-motor vehicle, with the obligation to obtain an authorization to perform specific activities in the activity of maneuvering and/or driving trains.

The personnel who have obtained the qualification of locomotive-automotive driver, in order to be able to drive a certain type of locomotive-automotive, must hold a driving license.

In order to carry out specific activities in the activity of maneuvering and/or driving trains, the locomotive driver must hold an authorization for:

• maneuver activity in the complete team;

• the maneuvering activity in the simplified system;

• driving passenger trains;

• driving freight trains;

• driving trains on steep slopes;

• driving passenger and freight trains (with the exception of direct freight trains) in a simplified system (without mechanical assistance); this authorization also allows the activity of maneuvering in a simplified system;

• manipulation of new or modernized traffic safety installations with which the locomotives are equipped;

• performing operations specific to other functions or handling some types of traffic safety installations provided for in art. 4 of this annex.

The personnel who serve locomotives in the activity of maneuvering and/or driving trains, respectively the locomotive-automotive assistant mechanic, must hold an authorization for the exercise of this function.

In order to carry out operations specific to other functions or to handle certain types of traffic safety installations, the staff must be authorized.

The personnel who drive or service other types of motor railway vehicles such as pantograph dresines, heavy track machines, heavy track welding machines, etc. must have an authorization to exercise this function.

The list of positions with traffic safety responsibilities in the railway transport system, for which personnel authorization is mandatory, is approved by HG no. 1.663/2004 and is provided in annex no. 1 hereto, the list that can be updated by order of the Minister of Transport, Infrastructure and Communications

The function of responsible for traffic safety from the railway suppliers authorized for the construction, modernization, repair and maintenance of the railway infrastructure, as well as that from the owners of industrial railway lines can be exercised separately or together with a function with traffic safety responsibilities, only after authorization.

The conditions and minimum durations of practical training and internship for authorization are established by the National Center for Railway Qualification and Training - CENAFER by decision of the general director, with the approval of the Romanian Railway Safety Authority.

The authorization of personnel with traffic safety responsibilities is carried out in the following cases:

• after graduating from qualification or retraining courses;

• after carrying out the internship program drawn up by the employing railway unit, approved by the Romanian Railway Safety Authority, or specific stages thereof, for persons with higher education;

• for carrying out activities specific to a function for which authorization is mandatory;

• for carrying out specific operations of additional activities to the function for which he holds authorization and for which authorization is mandatory;

• for driving a type of motor locomotive or other type of motor railway vehicle;

• for handling a type of traffic safety installation for which authorization is mandatory;

• for driving or servicing new/modernized railway vehicles, handling types of new/modernized traffic safety installations or performing specific new activities or operations;

• upon the resumption of the activity of personnel who have interrupted their activity for more than 12 consecutive months.

The examination commission for the authorization of the railway units' own personnel will be composed of:

• a specialized representative of the State Railway Inspectorate within AFER, as president;

• a representative of CENAFER, certified by AFER through the Romanian Railway Safety Authority according to specific regulations, as a member;

• a representative of the railway unit, certified by AFER through the Romanian Railway Safety Authority according to specific regulations, as a member.

The authorization is valid for an unlimited period, under the conditions of its approval for 5 years by AFER through the Romanian Railway Safety Authority, if the personnel with traffic safety responsibilities:

• was declared "adequate" at the last periodic professional check;

• is medically and psychologically "fit" for the function for which he was authorized.

The driver's license is valid for an unlimited period, provided that it is renewed every 5 years.

The authorization is suspended and temporarily ceases to be valid when:

• during the investigation of the causes that were the basis of the occurrence of railway accidents or events, the research commission requests this - until the deadline decided by the research commission;

• the authorized staff is guilty of causing the accidents or railway events, if this was ordered by the investigation file - until the term ordered by the investigation file;

• the authorized personnel who, according to the decision of the medical/psychological traffic safety commission, issues a "temporarily unfit" opinion from a medical and/or psychological point of view for the position in which they were authorized - until obtaining the opinion from the medical/psychological commission of the "fit" opinion ";

• the authorized staff has an expired medical and/or psychological certificate for the position in which they were authorized - until the presentation of the "fit" certificate;

• the authorized staff has not been professionally checked periodically according to the terms established according to the specific regulations or has been declared "inadequate" following the periodic professional check - until obtaining the "appropriate" result at the periodic professional check;

• the authorized staff has interrupted the activity for more than 12 consecutive months in the activities specific to the function for which they were authorized, in driving the types of motor railway vehicles, in carrying out the specific activities of maneuvering and/or driving trains (including on large slopes and in the system simplified), in carrying out operations specific to other activities and in handling the types of traffic safety installations, which are included in the authorization - until passing the reauthorization exam.

The authorization is withdrawn and its validity ceases definitively when:

• the authorized staff is guilty of causing accidents or railway events, if this has been ordered through the research file;

• the authorized personnel becomes "unfit" from a medical and/or psychological point of view for the function in which they were authorized.

The right to order the suspension or withdrawal of the authorization of personnel used in functions with traffic safety responsibilities rests with the management of the Romanian Railway Safety Authority.

By suspending the authorization, the personnel with traffic safety responsibilities are forbidden for the established period the right to carry out the specific activities listed in the authorization on their own responsibility. For the period of the suspension, the railway unit can request the authorization in another function of the holder of the suspended authorization, under the conditions of the present rules.

By withdrawing the authorization, the personnel with traffic safety responsibilities are deprived of the right to carry out the specific activities listed in the authorization on their own responsibility.

Specialized employees who ensure the training, improvement and authorization of personnel with traffic safety responsibilities must be professionally certified by AFER through the Romanian Railway Safety Authority, according to art. 15 of the annex to OMLPTL no. 1186/29.08.2001.

The attestation consists in evaluating the skills and professional capacity of the specialized employees who ensure training, improvement and participate in the authorization commissions of personnel with responsibilities in traffic safety to carry out these activities.

The professional attestation of specialized employees who ensure training, improvement and participate in the authorization commissions of personnel with traffic safety responsibilities is done by a commission established by the decision of the Director of the Romanian Railway Safety Authority.

The attestation is carried out after employment, appointment or promotion in a position that involves ensuring the training, improvement and authorization of personnel with traffic safety responsibilities or at the request of the railway unit, and is valid for 10 years, on the condition that it is reviewed periodically, as the case may be.

In order to attest the personnel, the railway units will request, in writing, AFER, the organization and scheduling of the attestation exam.

The certificate does not lose its validity in the event of a change of position of the employee.

The certificate is suspended when the periodic visa expires.

The certificate ceases to be valid, is withdrawn by the Romanian Railway Safety Authority and is cancelled, in the following cases:

• the attested personnel seriously or repeatedly violated the specific regulations regarding the training, improvement and authorization of personnel with traffic safety responsibilities;

• the attested staff was declared unprofessional.

AFER, through the Romanian Railway Safety Authority, is designated by the Ministry of Transport and Infrastructure for the organization and provision of services regarding the professional training and certification of safety advisors for the rail transport of dangerous goods.

Any economic operator that carries out rail transports of dangerous goods or that carries out loading and/or unloading operations related to these transports must appoint one or more safety advisers.

The safety adviser for the transport of dangerous goods for rail transport can be any natural person appointed by the management of an economic operator to fulfill the tasks and ensure the functions defined in art. 4 of OMTCT no. 1044/18.12.2003 and who holds a training certificate provided for in art. 5 of OMTCT no. 1044/18.12.2003.

The safety advisor must be the holder of a valid training certificate for the transport of dangerous goods by rail. The certificate is issued by the designated examining body.

In order to obtain the certificate, the candidate must take a training course after which he must pass an exam organized by the designated examining body.

The essential objective of the training is to provide the candidate with sufficient knowledge regarding the risks inherent in the transport of dangerous goods, the legal provisions, regulations and provisions applicable to the modes of transport involved, as well as a good knowledge of the specific attributions.

The trainees will receive from the Romanian Railway Safety Authority, where they attend training courses, bibliographic materials developed in such a way as to include the necessary information in the activity of a safety advisor.

The Romanian Railway Safety Authority organizes a mandatory written exam, which can be supplemented with an oral exam, in order to verify that the candidates have acquired the level of knowledge required to exercise the duties of a safety advisor.

The certificate is valid for 5 years. Its validity period is automatically extended for a new period of 5 years, if the holder followed recapitulatory courses in the year before the expiration of the certificate according to art. 5 bis introduced by OMTCT no. 1934/19.10.2006 and passed an exam organized by the Romanian Railway Safety Authority.

In order to ensure the security of exceptional transports and traffic safety, commissions are established from personnel authorized by the Romanian Railway Safety Authority, according to art. 14 of the Instructions for the admission and dispatch of exceptional transports on the railway infrastructure - no. 328.

For the application of the provisions of art. 14 of the Instructions for the admission and dispatch of exceptional transports on the railway infrastructure, no. 328/2008 and in order to ensure the requirements regarding traffic safety, transport security and the quality of public services, it was established by the Methodology regarding the development of the activity of examination and authorization of the personnel who are part of the commissions for the treatment of exceptional transports on the railway infrastructure, the way of working for the examination and the authorization of the personnel who are part of the commissions for handling exceptional transports on the public railway infrastructure.

The examination and authorization of the personnel who are part of the commissions for the treatment of exceptional transports on the public railway infrastructure, is done by a commission that includes:

• the representative of the Railway Safety Inspectorate within the Romanian Railway Safety Authority, as president of the commission;

• the nominated representative of the administrator/manager of the railway infrastructure for his own staff or for the proxies of the freight forwarder, respectively the nominated representative of the railway transport operator for his own staff, as a member of the commission.

The nominated representative of the manager of the public railway infrastructure and of the railway transport operator must be in the position of at least regional specialist instructor or a similar position.

The authorization of the personnel who are part of the commissions for the treatment of exceptional transports on the public railway infrastructure is valid for 5 years from the date of issue.

The authorization ceases to be valid in the following cases:

• upon expiration of the validity period;

• when the holder of the authorization was demoted or disciplinary withdrawn from the position;

• when the holder of the authorization interrupted the activity or did not perform the function for more than 6 consecutive months.

In vederea asigurarii securitatii transporturilor exceptionale si a sigurantei circulatiei se constituie comisii din personal autorizat de AFER prin Autoritatea de Siguranta Feroviara Romana, conform art. 14 din Instructiunile pentru admiterea si expedierea transporturilor exceptionale pe infrastructura feroviara - nr. 328/2008.

Pentru cazurile care nu se regasesc in anexa II - RIV se va intocmi un proiect de incarcare necesar elaborarii acordului de principiu.

Proiectele de incarcare necesare elaborarii acordului de principiu se executa de catre operatori economici care detin o autorizatie eliberata de AFER prin Autoritatea de Siguranta Feroviara Romana, conform art. 12 alin. (3) din Instructiunile pentru admiterea si expedierea transporturilor exceptionale pe infrastructura feroviara - nr. 328/2008 si a Anexei nr. 6bis la acestea.

Un proiect de incarcare necesar efectuarii transporturilor exceptionale pe infrastructura feroviara trebuie sa fie executat numai de catre o persoana juridica romana autorizata de AFER prin Autoritatea de Siguranta Feroviara Romana si poate fi utilizat numai daca a fost in mod obligatoriu intocmit si verificat de catre personal de specialitate detinator al unui atestat eliberat de Autoritatea de Siguranta Feroviara Romana.

Personalul de specialitate care intocmeste sau verifica un proiect de incarcare necesar pentru admiterea la transport si expedierea transporturilor exceptionale pe infrastructura feroviara trebuie sa fie angajat, conform prevederilor legislatiei in vigoare, al persoanei juridice romane prevazute la paragraful precedent .

Proiectele de incarcare necesare solicitarii acordului de principiu pot fi procurate numai de la persoane juridice care elaboreaza astfel de proiecte si care sunt autorizate de AFER prin Autoritatea de Siguranta Feroviara Romana.

Autorizatia este documentul eliberat de AFER prin Autoritatea de Siguranta Feroviara Romana, prin care se atesta ca o persoana juridica poate realiza si furniza proiecte de incarcare necesare efectuarii transporturilor exceptionale pe infrastructura feroviara.

Autorizatia da dreptul detinatorului, sa incheie in conditiile legii, contracte pentru furnizarea de proiecte de incarcare necesare efectuarii transporturilor exceptionale pe infrastructura feroviara, daca acestia fac dovada ca detin o autorizatie pentru elaborarea proiectelor de incarcare.

Autoritatea de Siguranta Feroviara Romana, precum si administratorii/gestionarii infrastructurii feroviare nu pot obtine calitatea de persoana juridica romana autorizata pentru executarea de proiecte de incarcare necesare efectuarii transporturilor exceptionale pe infrastructura feroviara, iar personalul angajat al acestora nu poate fi atestat pentru intocmirea si/sau verificarea acestor proiecte.

Pentru obtinerea autorizarii pentru executarea proiectelor de incarcare necesare efectuarii transporturilor exceptionale pe infrastructura feroviara, persoana juridica solicitanta trebuie sa satisfaca, cumulativ, urmatoarele cerinte:

• are in obiectul de activitate prestarea de "activitati anexe transporturilor terestre" (COD CAEN 6321);

• are angajat personal atestat de AFER prin Autoritatea de Siguranta Feroviara Romana pentru intocmirea si/sau verificarea proiectelor de incarcare necesare admiterii la transport si expedierea transporturilor exceptionale pe infrastructura feroviara;

• dispune de dotari specifice intocmirii, editarii, multiplicarii si arhivarii proiectelor de incarcare elaborate;

• detine asigurare pentru raspundere civila sau a luat masurile necesare pentru raspunderea sa civila in caz de producere de evenimente feroviare sau alte fapte care au condus la afectarea sigurantei feroviare si care au fost generate de intocmirea eronata sau incompleta a proiectelor de incarcare necesare efectuarii transporturilor exceptionale pe infrastructura feroviara.

Autorizatia este valabila maximum 5 ani, in conditiile vizarii sale anuale.

Atestatul este valabil maximum 5 ani, in conditiile vizarii sale anuale.

In perioada de valabilitate a autorizatiei/atestatului, Autoritatea de Siguranta Feroviara Romana supravegheaza prin actiuni de inspectie de stat modul in care sunt respectate de persoana juridica/persoana fizica cerintele care au stat la baza acordarii acestora.

Urmarirea aplicarii si controlul respectarii prevederilor prezentelor norme se efectueaza de specialisti ai Autoritatea de Siguranta Feroviara Romana, desemnati conform prevederilor legale in vigoare.

In cazul in care, pe parcursul supravegherii, se constata faptul ca datorita modului defectuos de proiectare si/sau de verificare a proiectului de incarcare, s-au produs ori puteau fi produse, dar au fost evitate, evenimente feroviare sau alte fapte care au condus la afectarea sigurantei feroviare, autorizatia sau atestatul poate fi suspendat sau retras, dupa caz.

In cazul in care, pe parcursul supravegherii, se constata ca nu mai sunt indeplinite una sau mai multe conditii care au stat la baza acordarii autorizatiei/atestatului, Autoritatea de Siguranta Feroviara Romana poate suspenda sau retrage aceste documente.

Constituie motiv de suspendare sau, dupa caz, de retragere a autorizatiei neacceptarea de catre persoanele juridice autorizate a actiunilor de inspectie de stat efectuate de catre personalul de specialitate al Autoritatii de Siguranta Feroviare Romane.

Nerespectarea prevederilor paragrafului precedent, in functie de gravitatea abaterii, atrage aplicarea de catre Autoritatea de Siguranta Feroviara Romana a urmatoarelor masuri:

• suspendarea autorizatiei/atestatului de la 3 luni la un an;

• retragerea autorizatiei/atestatului.

To certify the fulfillment of the conditions established in art. 23, paragraph 1 and art. 24, from the Annex to GD no. 2299/2004, ASFR issues certificates to personnel authorized as SC - LFI manager who are employees of an economic operator - owner or tenant of LFI.