Liberalization of Railway Sector and Restructuring of TCDD

Liberalization of Railway Sector and Restructuring of TCDD; When the railways of developed countries are analyzed, it is seen that the sector has been restructured according to changing conditions and needs.

The acceleration of the development of Turkish railways requires an effective mechanism in which the private sector is involved in all fields from transportation to railway industry, from education to R & D, from sub-industry to consultancy services, from infrastructure construction to certification.

This will only be possible with the restructuring of our railways. The legal infrastructure of the restructuring was established and liberalization was achieved in the railway sector.

A) General Directorate of Railway Regulation;

●● Safety regulations authority

●● Authorization authority for operators

●● Authority to regulate competition

●● As a public service contract manager,

B) General Directorate of Dangerous Goods and Combined Transport Regulation, as a regulatory and supervisory authority, covering all types of transport,

Restructuring of TCDD

1 / 5 / 2013 28634 dated and entered into force in the Official Gazette No. 24 / 4 / 2013 6461 dated and numbered "Turkey Law on the Liberalization of Railway Transport" with;

In the Official Gazette of 10.07.2018 dated and 304741 numbered 1, in order to ensure that railway transportation activities in our country are carried out in a free, fair and sustainable competitive environment depending on commercial, economic, social needs and technical developments and these activities serve together with other types of transportation. with Article 16 under the Ministry of Transport and Infrastructure in Chapter 478 of the Presidential Decree XNUMX No;

●● Restructuring of TCDD as railway infrastructure operator,

●● TCDD Taşımacılık A.Ş., a subsidiary of TCDD. to establish freight and passenger transportation in the private sector and to pave the way for freight and passenger transportation in the private sector,

●● issues such as the authorization of public legal entities and companies as railway infrastructure operators or train operators have been regulated.

In this context; It has been restructured as TCDD Railway Infrastructure Operator since 01.01.2017 and as TCDD Taşımacılık A.Ş. was established and started to operate.

New organizational structures based on the business units of TCDD Operation and TCDD Transportation Inc. will facilitate the separation and follow-up of the accounts. The existing financial resources management system is adapted to the new structure.

Thanks to the profit and cost centers to be established in the new structure, revenues and expenses can be monitored more effectively.

New Railway Sector Structure

As envisaged in the TCDD Structural Action Plan, central and provincial organizational structures of TCDD and TCDD Taşımacılık A.Ş. have been approved and implemented as of 01 / 01 / 2017.

According to the new situation; other railway train companies started to enter the sector and the first private transportation company was authorized by our Ministry; The private sector has been able to transport freight and passengers on its railways with its own trains and its own personnel. TCDD Taşımacılık A.Ş has been authorized to load and passenger 3 freight 3 passenger railway train operators, 68 organizers and 1 agencies.

Completed Secondary Legislation Related to the Sector and Improving Institutional Capacity

a) Implementing Regulation on Measures to be Taken at Railway Level Crossings and Application Principles

The standards, procedures and principles regarding the construction, maintenance, operation and marking of railway level crossings and their protection systems have been prepared in order to ensure the order and safety of railway and road traffic in railway level crossings by determining the authorities and responsibilities of the concerned. 03.07.2013 was published in the Official Gazette and entered into force.

b) Regulation on Access and Capacity Allocation of Railway Infrastructure

The Regulation on the provision of infrastructure capacity allocation to railway train operators for access to the national railway infrastructure network was published in the Official Gazette on 02.05.2015 and entered into force.

c) Regulation on Registration and Registration of Railway Vehicles

The “Railway Vehicles Registration and Registration Regulation belir, which defines the procedures and principles regarding the registration and registration of the railway vehicles to be operated in the national railway infrastructure, was published and entered into force on 16.07.2015.

d) Railway Vehicles Type Approval Regulation

With this Regulation, the procedures and principles for granting type approval to newly produced railway vehicles that will be operated on the national railway infrastructure network and which have not received type approval are determined. 18.11.2015 was published in the Official Gazette and entered into force.

d) Railway Safety Regulation

The purpose of this Regulation; the development of Turkey's borders inward-ride on the railway safety, improving, to ensure traceability order and supervision, railway infrastructure operators, the railway train operators and city rail transit operators to establish safety management systems and the issuance of safety certificates to these operators and / or safety rules of procedure of for making empowerment It is determined. The Regulation was published in the Official Gazette dated 19.11.2015 and entered into force.

e) Regulation on Authorization of Railway Operations

With this Regulation, to ensure order in all kinds of railway transportation activities on the national railway infrastructure network; determination of the conditions of service, financial competence, professional competence and professional respect of railway infrastructure operators, train operators and organizer, agency, broker, station or station operator activities; determination of rights, powers, obligations and responsibilities; and to regulate the procedures and principles related to the authorization and inspection. The Regulation was published in the Official Gazette on 19.08.2016 and entered into force.

f) Implementing Regulation on Public Service Obligations in Railway Passenger Transport

h) Railway Training and Examination Center Regulation

In order to provide a railway passenger transportation service which is not provided by any railway train operator on a certain line under commercial conditions and to provide the procedures and principles for the provision of railway passenger transportation services on a contractual basis, the Regulation shall be published in the Official Gazette dated 20.08.2016 and entered into force. migrants.

Public service obligation; Until the date of 31.12.2020 will be fulfilled by TCDD Taşımacılık AŞ.

g) Train Mechanic Regulation

In order to determine the procedures and principles regarding the minimum professional qualifications, health conditions and required documents for the train driver to perform his duties safely, the Regulation was prepared within the framework of the opinions of the sector stakeholders and published in the Official Gazette dated 31.12.2016 and numbered 29935.

ğ) Railway Safety Critical Duties Regulation

The Regulation was prepared in order to determine the procedures and principles related to the occupational qualification documents required by the personnel performing safety-critical tasks in railway activities, and it was issued in the Official Gaze-te dated 31.12.2016 and numbered 29935.

The Regulation, which was prepared in order to determine the minimum conditions and the procedures and principles regarding the authorization and supervision of the training and examination center where the trainings, examinations and certification for the personnel performing safety-critical duties in railway transportation activities, shall be provided, was prepared within the framework of the opinions received from the stakeholders of the sector. and 31.12.2016.

ı) National Vehicle Registration System (sNVR)

Software was purchased from the European Railway Agency (ERA) for the registration of railway vehicles through the National Railway Vehicle Registration System (NVR). In this way, the registration and tracking of the vehicles included in the national railway transportation system will be possible. Railway vehicles registration system was commissioned as of November 2015.

According to the Regulation on Registration and Registration of Railway Vehicles 2018 As of September, 52 number of 4.007 private sector company and 18.195 number of TCDD Taşımacılık A.Ş.

Ongoing Secondary Legislation Studies

a) Regulation on Interoperability of Railway Systems and Communiqué on Appointment of Notified Bodies

Work on the “Regulation on the Interoperability of Railway Systems yönelik to determine the interoperability principles of railway subsystems (infrastructure, electrification, signaling, vehicles, etc.) is ongoing. Following the approval of this regulation by the EU, the ebliğ Communiqué on Railway Systems Conformity Assessment Bodies dair will be published regarding the organizations that will evaluate and certify the suitability of railway subsystems.

b) Passenger Rights Regulation

In order to improve the quality of services provided by passengers traveling by rail,

68.000 series Electric

Outline Locomotive

is prepared and published in order to determine the rights they will have during and after the travel and after the accidents and incidents affecting them, the situations in which these rights are valid and the obligations that the service providers must fulfill.

Other Ongoing Activities

a) Turkey Logistics Master Plan (TLMP)

by bidding on 9.5.2016, 9 September 2016 which started work in Turkey Logistics Master Plan (TLMP) it is underway. It is planned to be completed in 2018.