Railway Operation Authorization Regulation Entered Into Force Upon Publication

Railway Operation Authorization Regulation (Regulation) entered into force through publication in the Official Gazette dated 16.02.2024 and numbered 32462. The Regulation repeals the Railway Operation Authorization Regulation published in the Official Gazette dated 19.08.2016 and numbered 29806. The significant provisions of the Regulation are summarized below:

• The Regulation provides detailed explanations regarding its scope. In this context, the Regulation does not apply to (i) lines not connected to the national railway infrastructure network, suburban operators, urban rail public transport operators, metros, trams, light rail system vehicles and the infrastructure in which these vehicles are used; (ii) transportation carried out by the owner for his own needs on privately owned railway infrastructure connected to the national railway infrastructure network; (iii) railway infrastructure used only for historical or touristic purposes not connected to the national railway infrastructure network and railway train operators.
• The Regulation defines shunting services as “services provided by legal entities covering the operations of dispatching, collecting or combining locomotives and wagons and other railway traction and towed vehicles individually or in connection with each other, or dropping off/picking up on the interconnection line, except for the dispatching of trains from stations, their reception at stations or their passage without stopping”. Furthermore, among the types of authorization certificates, the authorization certificate to be granted to those providing shunting services is also regulated.
• The Regulation defines privately-owned railway infrastructure as “railway infrastructure that is connected to the national railway infrastructure network via a branch line and whose technical and administrative control and use belongs to the public, real or legal person”.
• The Regulation also envisages the possibility for railway train operators to provide a letter of guarantee or surety bond as an alternative to the obligation to provide an insurance policy to the Ministry in order to fulfill their financial obligations in case of an accident.
• According to the Regulation, for proof of financial adequacy; (i) freight and/or passenger train operators are required to submit documents proving that they have a minimum capital of 50.000.000 TL as of the application date and (ii) shunting service operators are required to submit documents showing that they have a minimum capital of 5.000.000 TL as of the application date.
• The Regulation stipulates that railway train operators, station and station operators, agencies, and railway infrastructure operators must become members of the electronic notification system by 31.12.2024.