Rules for rail transport: infrastructure, companies, safety and penalties

Automatic summary, not yet reviewed

1. The law regulates rail infrastructure, safety of rail traffic, and passenger and freight transport services within the State's jurisdiction. It fully replaces the 2003 rail sector law.
2. It creates the Red Ferroviaria de Interés GeneralRed Ferroviaria de Interés General The set of rail lines the State considers essential for common transport across the country., made up of the infrastructure essential for a common rail system across the country. The Minister of Public Works decides which lines join or leave the network, and an official catalog is published in the official state gazette.
3. To run trains on the network, a rail company license is required. It is a single license for the whole network, granted by the State Rail Safety Agency. The license cannot be transferred and is suspended or revoked if the company stops meeting the requirements.
4. Rail companies must also obtain a safety certificate before providing services, and infrastructure managers need a safety authorization. Both prove they have their own safety management systems.
5. Rail passengers have the right to use services under European rules, to file complaints through a complaints book, and to go to transport arbitration boards or the courts.
6. Victims of rail accidents under State jurisdiction and their relatives are entitled to comprehensive assistance. Companies and infrastructure managers must have a victim assistance plan.
7. Operators pay track access charges for using lines and service facilities, with amounts set in the State Budget Act. Discounts are provided to encourage traffic growth and efficient use of the network.
8. Offenses are classified as very serious, serious and minor, with fines of up to €380,000 for the most serious ones. The State Rail Safety Agency punishes safety offenses, the Ministry of Public Works punishes transport offenses, and the National Markets and Competition Commission punishes breaches of its decisions.

Who it affects

• Rail companies and anyone wanting to operate trains: They need a license, a safety certificate and allocated capacity, and must meet quality, information and safety rules.
• Rail passengers and users: They have recognized rights, a complaints book and comprehensive assistance in case of accident.
• Infrastructure managers (such as ADIF): They must manage the network, allocate capacity, collect track access charges and hold a safety authorization.
• People with property or businesses near the tracks: They are subject to public domain and protection zones and building limits that restrict works and uses.
• Rail staff: They must hold qualifying permits and undergo alcohol and psychoactive substance checks.

Words worth knowing

Red Ferroviaria de Interés General

The set of rail lines the State considers essential for common transport across the country.

Licencia de empresa ferroviaria

The authorization that allows a company to provide rail passenger or freight transport services.

Certificado de seguridad

A document proving that a rail company can operate safely on the network.

Canon

The payment operators make to the infrastructure manager for using rail lines and facilities.

Zona de dominio público

A strip of land next to the tracks, eight meters on each side, that is public and heavily restricted.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries