Chapter 2: Access Conditions V.0 - Adif

2.7.1. Inspection of Rolling Stock
Any possible non-compliance detected will result in
initiating disciplinary proceedings by virtue of Rail Sector
Act. Furthermore, Adif, in view of a serious situation that
potentially can jeopardize the safety of transport, may
decide to suspend rail services or activities, pursuant
to Article 86 of Rail Sector Act and Article 19 of Order
FOM/233/2006.
RU will be required to provide all support to the Inspection
Services of the Ministry of Public Works and Adif, and RU
shall neither be entitled to claim for economic damages from
delays or disqualification of staff, equipment or systems,
nor on a provisional basis. However, inspections shall cause
the least possible disruptions to operations of RUs and other
authorized Applicants.
Rail Staff
2.8 Requirements
Rail Sector Act in its Article 60.1 provides that staff providing services in the rail sector shall have sufficient qualifications to
provide rail services with due safety and efficiency guarantees.
2.8.1. Certification and Training
Rail staff shall comply with Order FOM/2872/2010 of 5
November on the conditions to issue certificates that
authorizes rail staff to perform certain duties regarding
traffic safety; furthermore, aforementioned Order FOM
determines the regime of approved medical and training
centers for said staff. Circular Resolution 3/2010 of Rail
Infrastructure Department, of 13 December 2010, governs
the validity of medical fitness certificates issued by
approved medical centers for railway staff, before and after
9 November 2010.
RUs must also prove that their staffs involved in train
traffic process have appropriate training and the mandatory
authorizations to perform their duties.
In addition to holding updated Authorization Certificates,
RU staff related to train traffic and shunting - as far as
concerned - must know Traffic Safety Regulations and
General Instructions, rail concepts and have basic technical
and technological knowledge, have specific training on the
line, train and control office, and must have knowledge of
vehicles, regarding operation and infrastructure.
In application of Additional Provision eighty-nine of Law
17/2012, of 27 December on General State Budget, metric
gauge lines in State ownership shall be pursuant to the
provisions applicable to the General Interest Railway
Network regarding railway staff, medical centers and
railway staff training. However, insofar as new technical
standards specific for metric gauge rail system are not
implemented, standards currently valid for that rail system
shall apply.
2.8.2. Language
All communications regarding Traffic Safety on Adif
Managed Network scope shall be in Spanish. In this
regard, by virtue of European Union Directives and Traffic
Regulation (General Traffic Regulation, RGC, Section 134),
for communications relating to traffic safety, rail staff who
relate to Adif must fully understand Spanish and use this
language correctly to communicate.
2.8.3. Adif Inspection of Staff
Any possible infraction due to non-compliance with
standards shall result in initiating relevant disciplinary
proceedings pursuant toLSFRail Sector Act.
RU will be required to provide all support to Adif in order
to inspect staff, and RU shall not be entitled to claim
for economic damages or delays for this reason, in case
of disqualification of staff, even on a provisional basis.
However, Adif shall ensure that inspections cause the
least possible disruptions to operations of RUs and other
authorized Applicants.
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Network Statement Update 2014 V.0