RAILWAY TRANSPORTERS: "THE LICENSING PROCEDURES ARE UNECONOMIC!"

At one year after the entry into force, after numerous problems with the application of the rules for rail transport licensing, rail carriers ask for a modification of the Order of the Minister of Transport no. 535/2007.

The main issue is the deadline set for approval of licensing documents. Set at 30 to 60 days, the deadline is apparently reasonable, but don’t take into account that, before signing a contract for maneuver or transport awarded by tender, is practically impossible to submit necessary documents to the Romanian Rail Authority (AFER, in Romanian). There are enough reasons for that: no one knows the exact status of rolling stock provided by the beneficiary of the contract (if the wagons or locomotives do not meet the requirements, it is necessary to apply measures to remedy the deficiencies in order to obtain the go-ahead from AFER), or the issues with necessary personnel (there is the risk that contractors’ personnel is not authorized by AFER) ... ”The order is uneconomic from the point of view of entities who want to transport. For example, in the case of a contract for railway maneuvers assigned in a bidding process, the winner must begin to carry out maneuvers, usually within 30 days after the contract was awarded. However, in order to be allowed to maneuver on the assigned tracks, the bidder hast to obtain an AFER clearance, in the form of license and safety certificate. But one can’t obtain safety certificates from AFER before the tender being concluded. Time is lost waiting for clearance, making it impossible to fulfill the obligation to start maneuvering within a month“, said the rail carriers.