FAQ about contractors with their own safety certificate

• From 1 January 2018, Banedanmark requires all contractors who convey traction units outside track possessions to have their own safety certificate. The requirement for certification is only related to driving outside track possessions. Unlicensed vehicles (Road–rail vehicle) are not allowed to drive on open track and are thus not covered.
• The Danish Transport, Construction and Housing Authority has the authority to issue safety certificates, and questions about how to obtain a safety certificate should be directed to tilsyn@tbst.dk. 
• Specific questions about Banedanmark's requirements for a party to have its own safety certificate must be directed to Kogs-entrepr@bane.dk, while general enquiries regarding work for Banedanmark must be directed to leverandoer-kontakt@bane.dk. 

In a track possession, the main supplier is responsible for the transport of rolling stock, which is subject to Banedanmark's safety authorisation. The work that takes place - including all driving - in the track possession thus also takes place under the management of the main supplier's Person in charge possession. This applies regardless of whether any subcontractors have their own safety certificate.

Driving outside the track possession takes place under the subcontractor's own safety certificate, while driving in the track possession takes place under Banedanmark's safety authorisation. The work - including driving - carried out by a main supplier to Banedanmark in the track possession takes place under the management of the main supplier's Person in charge possession. The safety certificate thus has no significance regarding liability in a track possession. The safety certificate is only applicable (valid) in connection with driving and transportation outside track possessions. In track possessions, it is the Person in charge possession who is responsible for everything - including the resources (equipment and employees) that are hired-in for major or minor parts of the infrastructure work. It can be said that the work and the division of responsibilities in track possessions are unchanged compared to the time before organisations began to have their own safety certificates. 
 
All resources used - including leased railway vehicles with or without a locomotive driver from subcontractors with their own safety certificates - must thus be treated and managed as if they were the main supplier's own resources. In principle, such management includes the collection and storage of all relevant documentation related to the hired-in resources (equipment and employees). 
 
However, Banedanmark has eased requirements regarding the collection and storage of documentation in connection with situations where a main supplier, who manages the Person in charge possession, hires a subcontractor with its own safety certificate, for example for the transportation of equipment and rolling stock in and out of a track possession. See also the FAQs that specifically deal with this topic.

The main contractor, who manages the Person in charge possession, must always be able to obtain relevant documentation that relates to the resources used in connection with an audit, oversight, or the like. This includes resources hired-in from subcontractors. The main rule is that all relevant documentation must be available where it is to be used - including at the site the work takes place. Please note that the agreement basis between the main supplier and Banedanmark may contain supplementary requirements for documentation - e.g. requirements that specific documents relating to the rolling stock used must be present in the cab.
 
However, Banedanmark has eased requirements regarding the immediate availability of documentation in connection with situations where a main supplier, who manages the person in charge possession, hires a subcontractor with its own safety certificate issued by the Danish Transport, Construction and Housing Authority or ERA, for example for the transportation of equipment and rolling stock in and out of a track possession. 
 
In these situations, where the resources are leased from a subcontractor under its own safety certificate, it is generally expected that the main rule regarding the availability of the documentation can be complied with. However, the subcontractor has up to two working days under its own safety certificate to obtain the requested documentation if the documentation is not immediately available at the site of the work where the documentation is requested - e.g. in connection with an audit, oversight or the like.
 
In the event that the requested documentation relates to particularly critical conditions for the resources used - including documentation that the conditions comply with the law - then documentation must be obtained before work can continue. 

All rolling stock and equipment used must be managed to ensure that it is in a sound condition and that it complies with applicable rules, laws, etc. when it is to be used. It must be possible to document such management. The requirement for management thus includes maintenance and document management as well as monitoring, etc. Document management also entails ensuring that the right documentation related to the equipment used is available where it is to be used - e.g. at the site of the work.

A supplier who wants to convey equipment (drive trains or on-track machines) on open track - outside track possessions - must have its own safety certificate issued by the Danish Transport, Construction and Housing Authority or ERA. Conveyance on open track is thus the responsibility of the supplier under its own safety certificate.

For a supplier with its own safety certificate issued by the Danish Transport, Construction and Housing Authority or ERA, the following services are an integral part of the management system on which the supplier's safety certificate is based: "Rolling stock with certificate", "Driver", "Shunter" and "Train preparer". 
As of 1 November 2020, Banedanmark does not require suppliers with their own safety certificate who provide only "Rolling stock with certificate", "Driver", "Shunter" and "Train preparer" to be approved to provide railway safety services, cf. “Guidelines for the authorisation of contractors who provide railway safety services to Banedanmark” (version 2.3). This is an extension of the provisions of the applicable guidelines (version 2.3). The extension is based on an expectation that the management of the four services is fully covered by the supplier's safety certificate in accordance with current legislation. In continuation of this, it is also to be expected that the services are effectively monitored by external oversight carried out by the Danish Transport, Construction and Housing Authority and by other forms of periodic monitoring - e.g. internal oversight and internal auditing.

When a supplier enters into a contract with a subcontractor with its own safety certificate in connection with the conveyance of rolling stock (outside track possessions), the agreement must be documented. The supplier must, as a minimum, prepare a declaration documenting the agreement entered into with the subcontractor. In the declaration, the supplier and the subcontractor must indicate that they have entered into an agreement on the conveyance of equipment under their own safety certificate, stating their name and CVR number. It must be clear from the declaration that the subcontractor has its own safety certificate issued by the Danish Transport, Construction and Housing Authority or ERA. The subcontractor must be able to present the safety certificate if this documentation is requested. The declaration must also state the length of time for which the supplier is to undertake transportation. The period must be specified with the start and end date. 
 
In cases where the agreement has been entered into in the expectation that the supplier itself will obtain its own safety certificate at some point; the supplier should be aware that there may be a need for the agreement to be updated. The need for updating may arise if the supplier's schedule for obtaining its own security certificate changes so that the end date no longer matches the date on which the supplier obtains its own security certificate. 
 
The declaration must be signed by authorised employees. These are most often members of the executive management. 
 
The declaration or equivalent documentation for the agreement entered into must be sent to Banedanmark if so requested.

In the future, Banedanmark plans to outsource many more maintenance tasks to external contractors. Over the next 8-10 years, it is expected that the share of Banedanmark's maintenance tasks performed by private contractors will increase from 55% to 90%. In this context we wish to further professionalise collaboration with our external contractors. From 1 January 2018, Banedanmark thus requires all contractors who drive outside track possessions to have their own safety certificate. 

All resources used (equipment and staff) in connection with infrastructure work that may have an impact on railway safety must be covered and managed by the supplier's management system. This includes routine monitoring. 
In the case of rolling stock, monitoring must help to ensure that the equipment is in a sound condition and that it complies with applicable rules and laws etc. Management of equipment includes an overview of, and management of, the documentation associated with the equipment used. The requirement for management of the equipment and management of the associated documentation also applies to hired-in, rented, or leased equipment, including all railway vehicles, which must thus be treated as if it was the supplier's own equipment. 

The requirement for management of the resources used (equipment and employees) - including management of the associated documentation - also applies to hired-in, rented and leased resources. This means, for example, that all hired-in railway vehicles must be treated as if they were the supplier's own equipment. The management of the equipment must thus be integrated into the main supplier's management system.

However, Banedanmark has eased requirements regarding the collection and storage of documentation in connection with situations where a main supplier, who manages the Person in charge possession, hires a subcontractor with its own safety certificate issued by the Danish Transport, Construction and Housing Authority or ERA, for example for the transportation of materials and equipment in and out of a track possession. 

When the resources are provided by a subcontractor under its own safety certificate, which includes driving on the rail network in Denmark, issued by the Danish Transport, Construction and Housing Authority or ERA, Banedanmark does not require that these hired resources (e.g. rolling stock with a certificate and train drivers) are covered and managed by the contractor's management system, as the leased resources are already managed by the subcontractor's safety-certified management system , which is overseen by the Danish Transport, Construction and Housing Authority.

It is possible for contractors to apply to Banedanmark for exemption from the requirement for having their own safety certificate if the contractors have applied for a safety certificate and are in the process of acquiring their own certificate from the Danish Transport, Construction and Housing Authority.

Applications for exemption from said requirement for a safety certificate and required documentation must be sent to Banedanmark at Kogs-entrepr@bane.dk.

Questions about how contractors obtain a safety certificate should be directed to the Danish Transport, Construction and Housing Authority at tilsyn@tbst.dk. 

Contractors must submit the following documentation in order for Banedanmark to process an application for exemption: 

• The Danish Transport, Construction and Housing Authority's record of the receipt of an application for the safety certificate. 
• Documentation of an insurance contract pursuant to the requirement for liability insurance or a declaration from the insurer. The insurance amount is DKK 437 million, valid for the period 1 January to 31 December 2020 (cf. Statutory Order on liability insurance for railway undertakings and railway infrastructure managers). The amount was adjusted up from DKK 427 million in 2019.  
• The contractor's schedule and activity plan for the further work of obtaining a safety certificate. 
• Minutes or other form of documentation for previous or upcoming meetings with the Danish Transport, Construction and Housing Authority. 

Banedanmark has introduced a transitional arrangement that allows driving for work contracted before 1 April 2017 to continue to take place under Banedanmark's safety authorisation. However, this only applies to driving related to these contracts and only until the specific contract expires. 

The detailed framework for the transitional provisions can be found on Banedanmark's website.

A contractor or subcontractor may not drive under another contractor's safety certificate.

All arrangements (the party having its own safety certificate, exemption from the requirement for the party to have its own safety certificate and the transitional arrangement) apply to the individual contracting organisation.

Thus, a contractor or subcontractor may not legally drive under another contractor's safety certificate, exemption or transitional arrangement. 

Hired-in staff works under the contractor's labour management and is included on equal terms with the contracting organisation's own employees.

This means that the contracting organisation must ensure competency management of the hired-in staff, just as the contractor must ensure that the documentation of the hired-in staff's competencies, e.g. certificates, are kept.

Subcontractors are not hired-in staff, as subcontractors work under their own management. Subcontractors may not work under a contractor's safety certificate, exemption or transitional arrangement. 

Hired-in staff works under the contractor's labour management and is included on equal terms with the contracting organisation's own employees.

This means that the contracting organisation must ensure competency management of the hired-in staff, just as the contractor must ensure that the documentation of the hired-in staff's competencies, e.g. certificates, are kept.

Subcontractors are not hired-in staff, as subcontractors work under their own management. Subcontractors may not work under a contractor's safety certificate, exemption or transitional arrangement. 

Banedanmark undertakes a control process to check whether driving outside track possessions is permitted. Contractors who have their own safety certificate or exemption from the requirement for having their own safety certificate are authorised to drive.

Contractors who request the right to drive on Banedanmark's infrastructure have a duty to know that they have the right to do so. If there is any doubt, please contact Banedanmark at Kogs-entrepr@bane.dk. If you ask to do something you are not allowed to do, you risk putting yourself in a situation that is against the law and where no insurance will apply if something goes wrong. 

The Danish Transport, Construction and Housing Authority has the authority to issue certificates, and questions about how contractors obtain a safety certificate should be directed to tilsyn@tbst.dk.  

Banedanmark decides who can be granted exemption from the requirement for having its own safety certificate according to open criteria which are the same for all applicants. Questions about how contractors obtain exemption should be directed to Kogs-entrepr@bane.dk.

A contractor cannot drive outside track possessions without having its own safety certificate.

To drive outside track possessions, a contractor must have its own safety certificate or be pulled by a railway undertaking or a contractor that has its own safety certificate.

If a contractor drives outside track possessions, the contractor must also have locomotive driver competencies/certificates. The driver's certificate must belong to the contractor who is driving.

Driving within track possessions is not subject to the requirement for a party to have its own safety certificate.

Banedanmark introduced a scheme of exemption from the requirement for a party to have its own safety certificate on 1 January 2018. This exemption scheme will end on 1 August 2020.

For contractors who are in the process of obtaining their own safety certificate from the Danish Transport, Construction and Housing Authority and have been on Banedanmark's exemption scheme for more than a total of one year, a maximum extension of such exemption can be obtained until 1 August 2020.

Banedanmark is introducing a scheme of exemption from the requirement for a party to have its own safety certificate, which came into force on 3 February 2020, and which applies to contractors who have not previously been on Banedanmark's exemption scheme.

Exemption from the requirement for a party to have for a separate safety certificate can be obtained for up to 6 months by contractors who apply to Banedanmark for exemption from the requirement for a party to have for a separate safety certificate for the first time.

Criteria for obtaining exemption

• When applying for exemption, the contracting organisation must have entered into an agreement with the Danish Transport, Construction and Housing Authority to conduct implementation oversight and send documentation of this to Banedanmark in the form of the Authority's agenda for implementation oversight.
• Contracting companies that can document delays in their certification process at the Danish Transport, Construction and Housing Authority due to circumstances beyond their control can obtain an extension of exemption once for a maximum duration of three months (circumstances beyond the contractors' control can be delays in case processing at the Authority)
• The total exemption period may not exceed a maximum of nine months.

Banedanmark's documentation requirements in connection with the new exemption scheme

Contractors must submit the following four required items of documentation in order for Banedanmark to process an application for exemption from the requirement from a party to have its own safety certificate:

• Documentation of the agreement with the Danish Transport, Construction and Housing Authority to conduct implementation oversight and the Authority's agenda for implementation oversight.
•  Documentation of an insurance contract pursuant to the requirement for liability insurance or a declaration from the insurer. The insurance amount is DKK 437 million, valid for the period 1 January to 31 December 2020 (cf. Statutory Order on liability insurance for railway undertakings and railway infrastructure managers). The amount was adjusted up from DKK 427 million in 2019.
• The contractor's schedule and activity plan for the further work of obtaining a safety certificate.
• Minutes or other form of documentation for held or upcoming meetings with the Danish Transport, Construction and Housing Authority.

When granting exemption from the requirement for a party to hold its own safety certificate, Banedanmark sets out key points in the contractors' time schedule and activity plans, for which the contractors must regularly submit documentation of conformity to Banedanmark.

• A contractor does not need to have its own safety certificate to employ a shunter. It is thus possibility for a contractor with its own safety certificate to hire a shunter from a contractor without a safety certificate for work that takes place outside track possessions.
• However, it is the certified contractor's responsibility to ensure that the shunter who is hired has the necessary competencies, cf. SR, including local knowledge. The certified contractor must thus have its own shunter training approved by the Danish Transport, Construction and Housing Authority.
• The requirement that the contractor must have its own safety certificate applies exclusively to locomotive drivers, cf. Statutory Order 1212 of 20 November 2017 (the locomotive driver statutory order) on the certification of locomotive drivers. It follows from section 14 of the Statutory Order on Locomotive Drivers that Undertakings that hold a safety certificate, cf. section 58 of the Danish Railways Act, or a safety authorisation, cf. section 59 of the Danish Railways Act, or organisations that are certified in accordance with section 11 of the Danish Railways Act, issue and update the locomotive driver's certificate.