S.I. No. 213/2006 - European Communities (Minimum Safety Requirements for Tunnels in the Trans-European Road Network) Regulations, 2006

STATUTORY INSTRUMENTS

S.I. No. 213 of 2006

European Communities (Minimum Safety Requirements for Tunnels in the Trans-European Road Network) Regulations, 2006

I, MARTIN CULLEN, Minister for Transport, in exercise of powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive No. 2004/54/EC of the European Parliament and of the Council of 29 April 2004¹ hereby make the following regulations:

Citation

1. These Regulations may be cited as the European Communities (Minimum Safety Requirements for Tunnels in the Trans-European Road Network) Regulations 2006.

Definitions

2. (1) For the purposes of these Regulations, the following definitions shall apply:

“administrative authority” means the authority designated in the State for the purposes of Article 4 of the Directive;

“Annex I” means Annex I to Directive No. 2004/54/EC;

“Annex II” means Annex II to Directive No. 2004/54/EC;

“Annex III” means Annex III to Directive No. 2004/54/EC;

“the Authority” means the National Roads Authority;

“authorisation” means permission to operate issued by the Administrative Authority in accordance with Regulation 6 and Annex II;

“authorised inspector” means a person or body appointed pursuant to Regulation 11 by the Inspection Entity to conduct inspections, evaluations and tests and prepare a report for the Administrative Authority;

“emergency services” means all local services, whether public or private or part of the tunnel staff, which intervene in the event of an accident, including police services, fire brigades and rescue teams;

“inspection entity” means the body designated pursuant to Regulation 11 for the purposes of Article 7 of the Directive to carry out inspections, evaluations and tests in monitoring compliance with the provisions of the Directive;

“Member State” means a Member State of the European Communities;

“Minister” means the Minister for Transport;

“tunnel length” means the length of the longest traffic lane, measured on the fully enclosed part of the tunnel;

“tunnel manager” means the public or private body responsible for the management of a tunnel at the stage in question pursuant to Regulation 9 and for the purposes of Article 5 of the Directive;

“safety officer” means the person nominated by the tunnel manager with responsibility for the coordination of all preventive and safeguard measures to ensure safety of users and operation staff pursuant to Regulation 10 and for the purposes of Article 6 of the Directive.

(2) In these Regulations:-

(a) any reference to a Regulation is to a Regulation of these Regulations unless it is indicated that reference to some other Regulations is intended;

(b) any reference to a paragraph or sub-paragraph which is not otherwise identified is a reference to a paragraph or sub-paragraph of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended;

(d) any reference to an Annex which is not otherwise identified is a reference to an Annex to Directive No. 2004/54/EC;

(e) a letter, word, phrase or symbol which has been assigned a meaning by the Directive, or is used in the Directive, has that meaning where the context requires except where otherwise indicated.

Scope

3. (1) These Regulations provide for the implementation of the provisions of the Directive and are aimed at ensuring a minimum level of safety for road users in tunnels in the Trans-European Road Network by the prevention of critical events that may endanger human life, the environment and tunnel installations, as well as by the provision of protection in case of accidents.

(2) These Regulations apply to all road tunnels on national roads with lengths of over 500m, whether they are in operation, under construction or at the design stage.

Administrative Authority

4. (1) The Authority is designated as administrative authority and is hereinafter referred to as “the Administrative Authority”.

(2) The Administrative Authority shall have responsibility for ensuring that all aspects of the safety of a tunnel are assured and shall have powers to take the necessary steps to ensure compliance with the requirements of the Directive and these Regulations.

Safety Measures

5. (1) Subject to paragraph 2, all road tunnels on national roads with lengths of over 500m shall meet the minimum safety requirements, infrastructure measures and measures concerning operations laid down in Annex I.

(2) Where certain structural requirements laid down in Annex I can only be satisfied through technical solutions which either cannot be achieved or can be achieved only at disproportionate cost, the Administrative Authority may accept the implementation of risk reduction measures as an alternative to application of those requirements in respect of existing tunnels or tunnels under construction, provided that the alternative measures will result in equivalent or improved protection.

(a) The efficiency of these measures shall be demonstrated through a risk analysis in conformity with the provisions of Regulation 19 of these Regulations.

(b) The Administrative Authority shall inform the Commission as soon as may be by notification in writing of the risk reduction measures accepted as an alternative and provide justification therefor.

Approval and Authorisation

6. (1) The design, construction and commissioning of tunnels shall be subject to the requirements of Annex II of the Directive in relation to the approval of the design, the compilation of safety documentation, the commissioning of the tunnel and the modification of the tunnel.

(2) Where the construction of a road tunnel to which these Regulations apply requires the approval of An Bord Pleanala, such approval shall not be granted until the relevant safety documentation required by paragraph 2.3 of Annex II of the Directive has been submitted.

(3) No tunnel commissioned after 29 April 2006 shall be operated in the State without a written authorisation issued by the Administrative Authority permitting a tunnel to be operated which said authorisation shall be made in accordance with the procedures specified under Annex II of the Directive upon application duly presented by a Tunnel Manager to the Administrative Authority.

(4) A fresh authorisation in writing shall be required if a tunnel is to be opened to public traffic after any major change in construction or operation or any substantial modification work on the tunnel which might significantly alter any of the constituent components of the safety documentation.

(5) When the Administrative Authority makes a decision to grant or refuse an authorisation in respect of the operation of a tunnel upon commissioning or modification in accordance with the requirements of these Regulations, any such decision will be notified to the emergency services by notice in writing as soon as is reasonably practicable.

(6) The Administrative Authority may withdraw, suspend or revoke an authorisation issued under these Regulations where it is satisfied that the tunnel in respect of which an authorisation issued has not complied with the terms of conditions of the authorisation or does not comply with the provisions of these Regulations.

Functions of the Administrative Authority

7. (1) The Administrative Authority shall commission tunnels in accordance with the procedure laid down in Annex II and shall exercise its powers to ensure compliance with the requirements of these Regulations in respect of all road tunnels on national roads with lengths of over 500m in the State.

(2) The Administrative Authority shall ensure that the following tasks are performed in respect of tunnels within the State to ensure compliance with the requirements of these Regulations and Annexes I, II and III:

(a) testing and inspecting tunnels on a regular basis and drawing up safety requirements pertaining thereto in accordance with the requirements;

(b) putting in place organisational and operational schemes (including emergency response plans) for the training and equipping of emergency services;

(d) implementing the necessary risk reduction measures;

(e) performing such other functions as are identified as functions of the Administrative Authority at Annexes I, II and III.

Powers of the Administrative Authority

8. (1) The Administrative Authority shall have power to make directions, require the implementation of specifications or notify the terms and conditions which apply to the operation of a tunnel for the purpose of ensuring compliance with these Regulations.

(2) In the event that the Administrative Authority is not satisfied that the provisions of these Regulations have been or are being complied with, the Administrative Authority shall notify the Tunnel Manager and the Safety Officer that measures to increase tunnel safety must be adopted.

(3) Without prejudice to the generality of the foregoing, the Administrative Authority shall have power to do any of the following:

(a) to test and inspect tunnels or provide for the testing and inspection of tunnels on a regular basis for the purpose of ensuring compliance with the requirements of these Regulations;

(b) to test and inspect tunnels or provide for the testing and inspection of tunnels on a regular basis for the purpose of drawing up safety requirements pertaining thereto;

(d) to put in place or direct the putting in place of organisational and operational schemes (including emergency response plans) for the training and equipping of emergency services;

(e) to define and direct the implementation of a procedure for immediate closure of a tunnel in an emergency;

(f) to direct the implementation of risk reduction measures in respect of road tunnels on national roads with lengths of over 500m in the State in accordance with the requirements of these Regulations or such additional risk reduction measures that it considers necessary or appropriate to ensure compliance with the requirements of the Directive.

(g) to define the conditions for continuing to operate the tunnel or for re-opening the tunnel which will apply until the remedial measures and any further relevant restrictions or conditions are implemented;

(h) to direct a tunnel operator to take such reasonable steps for the purpose of complying with these Regulations as are considered appropriate;

(i) to direct the suspension or restriction of the operation of a tunnel if safety requirements are not met in accordance with the requirements of these Regulations or where additional risk reduction measures considered necessary or appropriate by the Administrative Authority have not been implemented;

(j) to revoke an authorisation issued under these Regulations in respect of tunnels which are not in compliance with the requirements of these Regulations.

(4) Where the Administrative Authority has caused to be suspended or restricted the operation of a tunnel, it shall specify the conditions under which normal traffic may be resumed.

Tunnel Manager

9. (1) The Administrative Authority shall identify as Tunnel Manager, for each tunnel located within the State, whether it is in the design, construction or operating stage, the public or private body responsible for the management of the tunnel at the stage in question.

(2) The Tunnel Manager shall prepare an incident report in respect of any significant incident or accident occurring in a tunnel and this report shall be forwarded within a maximum period of one month to each of the following:

(a) the Safety Officer;

(b) the Administrative Authority; and

(3) Where an investigation report is drawn up analysing the circumstances of the incident or accident referred to in paragraph (2) or the conclusions that can be drawn from such accident or incident, the Tunnel Manager shall, no later than one month after he receives it himself, forward this report to:

(a) the Safety Officer designated pursuant to these Regulations;

(b) the Administrative Authority; and

(4) The Tunnel Manager shall perform all the functions of the Tunnel Manager required under Annex II in relation to approval of design, commissioning of tunnels, compilation and transmission of safety documentation, modifications and periodic exercises.

(5) The safety documentation compiled by the Tunnel Manager shall be kept permanently up to date and he shall provide a copy of the safety documentation and any revision thereto to the Safety Officer. All safety documentation compiled shall comply with the requirements of Annex II.

Safety Officer

10. (1) The Tunnel Manager shall, with the prior approval of the Administrative Authority, nominate one Safety Officer in respect of each tunnel whose function it will be to coordinate all preventive and safeguard measures required pursuant to these Regulations to ensure the safety of users and operational staff.

(2) The Safety Officer may be a member of the tunnel staff or the emergency services and shall be independent in all road tunnel safety issues.

(3) The Safety Officer shall not be under instructions from an employer in respect of road tunnel safety issues.

(4) A Safety Officer may perform his tasks and functions at several tunnels in a region.

(5) The Safety Officer shall, in cooperation with the Tunnel Manager where appropriate, perform the following tasks or functions:

(a) ensure coordination with emergency services and take part in the preparation of operational schemes;

(b) take part in relation to the planning, implementation and evaluation of emergency operations;

(c) take part in the definition of safety schemes and the specification of the structure, equipment and operation in respect of both new tunnels and modifications to existing tunnels;

(d) verify that operational staff and emergency services are trained, and he shall take part in the organisation of exercises held at regular intervals;

(e) give advice on the commissioning of the structure, equipment and operation of tunnels;

(f) verify that the tunnel structure and equipment are maintained and repaired;

(g) take part in the evaluation of any significant incident or accident;

(h) perform such other functions as are specified as being functions of the Safety Officer under Annex II.

Inspection Entity

11. (1) The National Roads Authority is designated as Inspection Entity for the purpose of Article 7 of the Directive.

(2) The Inspection Entity shall ensure that inspections, evaluations and tests are carried out in accordance with the requirements of these Regulations.

(3) The Inspection Entity shall engage a high level of competence and high quality procedures in carrying out all such inspections, evaluations and tests.

(4) The Inspection Entity may appoint such and so many persons as it determines to be authorised inspectors for the purposes of these Regulations.

(5) The authorised inspector may, at all reasonable times, attend at a tunnel and there conduct such inspections, evaluations and tests as may reasonably be required to monitor compliance with the requirements of this Regulation.

(6) The results of inspections, evaluations and tests carried out under these Regulations shall be reported to the Inspection Entity.

Tunnels whose design has not yet been approved

12. (1) An Bord Pleanala is the responsible authority within the meaning of Article 9 of the Directive for all tunnels whose design has not been approved by 29 April 2006.

(2) Any tunnel to which these Regulations apply and which is submitted for development approval to An Bord Pleanala after 29 April 2006 shall be subject to the requirements of these Regulations in respect of the approval of the design.

(3) Any such tunnel shall be commissioned in accordance with the procedure laid down in Annex II of the Directive and the tunnel will not be operated until an authorisation issues from the Administrative Authority in respect of the tunnel.

Tunnels whose design has been approved but which are not yet open

13. (1) In the case of tunnels whose design has been approved but which have not been opened to public traffic by 29 April 2006, the Administrative Authority shall assess their compliance with the requirements of these Regulations, with specific reference to the safety documentation provided for in Annex II.

(2) Where the Administrative Authority finds that a tunnel does not comply with the provisions of these Regulations, it shall notify the Tunnel Manager that appropriate measures must be taken to increase safety and shall inform the Safety Officer.

(3) Once the requirements of the Administrative Authority for the purpose of ensuring compliance with the provisions of these Regulations have been met the tunnel shall then be commissioned in accordance with the procedure laid down in Annex II.

Tunnels already in operation

14. (1) In the case of tunnels which are already open to public traffic on the 29 April 2006, the Administrative Authority shall have until 29 October 2006 to assess their compliance with the requirements of these Regulations, with specific reference to the safety documentation provided for in Annex II and on the basis of an inspection.

(2) The Tunnel Manager shall, if necessary, propose to the Administrative Authority a plan for adapting the tunnel to the provisions of these Regulations and the remedial measures he intends to put in place and the Administrative Authority may require the Tunnel Manager to submit such a plan within a specified period by direction in writing.

(3) The Administrative Authority shall give its approval to the remedial measures or ask for them to be modified.

(4) Any approval or required modification shall be notified in writing.

(5) Thereafter, if the remedial measures include any substantial modification in the construction or operation, then once these measures have been taken, the procedure laid down in Annex II shall be implemented.

(6) The Administrative Authority shall submit a report to the Minister by 29 April 2007 on how they plan to meet the requirements of these Regulations, on planned measures, and, where appropriate, on the consequences of opening or closing the main access roads to the tunnels. The Minister may rely on the contents of this report when in turn reporting to the Commission in compliance with the reporting obligation on the State pursuant to Article 11(5 of the Directive.

(7) The refurbishment of tunnels shall be carried out according to a schedule to be drawn up by the Administrative Authority and shall be finished no later than 29 April 2014.

Signing for Tunnels

15. All road tunnels in the State exceeding 500m in length shall comply with the requirements in relation to road signs and symbols as set out in Annex III.

Emergency Services

16. The emergency services shall perform such functions as are specified as being a function of the emergency services at Annex II in respect of periodic exercises and shall co-operate in this regard with the Safety Officer and the Tunnel Manager.

Periodic inspections

17. (1) The Administrative Authority shall verify that regular inspections are carried out to ensure that all tunnels falling within the scope of these Regulations comply with its provisions.

(2) The period between two consecutive inspections of any given tunnel shall not exceed six years.

Risk analysis

18. (1) Risk analyses, where necessary, shall be carried out by a body which is functionally independent from the Tunnel Manager.

(2) Where a risk analysis is carried out, the content and the results of the risk analysis shall be included in the safety documentation submitted to the Administrative Authority. Such risk analysis shall provide an analysis of risks for a given tunnel, taking into account all design factors and traffic conditions that affect safety, notably traffic characteristics and type, tunnel length and tunnel geometry, as well as the forecast number of heavy goods vehicles per day in respect of the particular tunnel.

(3) The Administrative Authority shall ensure that risk analysis is carried out using a detailed and well-defined methodology and in a manner which corresponds to the best available practices.

(4) The Administrative Authority shall inform the Minister and the Commission of the methodology applied in carrying out such risk analysis.

Derogation for innovative techniques

19. (1) In order to allow the installation and use of innovative safety equipment or the use of innovative safety procedures which provide an equivalent or higher level of protection than current technologies, as prescribed under these Regulations, the Administrative Authority may grant a derogation from the requirements of these Regulations on the basis of a duly documented request from the Tunnel Manager.

(2) If the Administrative Authority intends to grant such a derogation, it shall request the Minister to first submit a derogation application to the Commission containing the initial request and the opinion of the Inspection Entity in accordance with the requirements of Article 14 of the Directive.

(3) If, within a period of three months, neither the Commission nor another Member State formulates objections, the derogation shall be treated as granted.

(4) If objections are expressed, the Commission shall make a proposal in accordance with the procedure referred to in Article 17(2) of the Directive.

(5) Where the decision is negative, the Administrative Authority shall not grant the derogation.

(6) After an examination in accordance with the procedure referred to in Article 17(2) of the Directive, a decision to grant a derogation may allow this derogation to be applied to other tunnels.

Reporting

20. (1) The Administrative Authority shall compile reports for the Minister on fires in tunnels and on accidents which clearly affect the safety of road users in tunnels, and on the frequency and causes of such incidents, and shall evaluate them and provide information on the actual role and effectiveness of safety facilities and measures. The first such report shall be submitted to the Minister on or before the 29 April, 2008 and every two years thereafter on or before the 29 April of the year in which the reporting obligation arises. These reports shall be transmitted to the Commission by the Minister on or before the 29 September of the same year.

(2) The Administrative Authority shall make a plan which includes a timetable for the gradual application of these Regulations to tunnels already in operation in the State. This timetable shall be submitted by the Administrative Authority to the Minister by 1 October 2006 and the Minister shall notify the contents of the said plan to the Commission on or before the 29 of October 2006.

Contents of Notices

21. Any direction or specification or notification by the Administrative Authority under these Regulations shall be in writing, shall state the appropriate reasons on which it is based and shall be addressed to the Tunnel Manager and Safety Officer concerned.

Service of Notices

22. Any direction or specification or notification by the Administrative Authority under these Regulations shall be addressed to the Tunnel Manager and Safety Officer concerned and, as soon as possible, sent or given in any of the following ways:

(a) by delivering it to the Tunnel Manager and Safety Officer;

(b) where an address has been furnished by notification in writing by the Tunnel Manager and Safety Officer for service, by leaving it at the said address;

(c) by sending it by post in a prepaid registered letter to the address at which a person ordinarily resides, or if a company within the meaning of the Companies Acts, 1963 to 2001 at its registered office or if any other body corporate or unincorporated, to the principal office or place of business;

(d) where an email address or fax number has been furnished by the Tunnel Manager and Safety Officer for service by notification in writing, any direction, specification or notification may also be served by sending it by electronic transmission to the said email address or fax number and the original direction, specification or notification shall thereafter be served as soon as reasonably practicable in accordance with (a) or (b) or (c) above.

Enforcement

23. Where a person has failed to comply with a direction under these Regulations, then the Administrative Authority may apply to the High Court for an order directing compliance and the Court may make such order as it sees fit.

	GIVEN under my Official Seal, 25 April 2006.

L.S.	MARTIN CULLEN _______________________
	Minister for Transport

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation)

The purpose of these Regulations is to transpose into Irish Law Directive No. 2004/54/EC of 29 April 2004 (O.J. No. L167, 30/04/2004, P. 39-91) on Minimum Safety Requirements for Tunnels in the Trans-European Road Network.

The Regulations provide for a minimum level of technical provision that must be attained in all tunnels falling within the ambit of the Regulations and the establishment of procedures and processes to govern the design, construction and operational phases of tunnels with lengths of over 500m in the Trans-European Road Network, currently being operated, constructed or planned.

¹O.J. No. L167, 30.4.2004, p. 39