The following phrases and terms, wherever mentioned in this Regulation, shall have the meanings indicated next to each, unless the context requires otherwise:

• The Kingdom: The Kingdom of Saudi Arabia.

• The Law: The Railway Transport Law.

• The Organization: The Organization of the Transport General Authority.

• The Regulation: The Implementing Regulation of the Law.

• The Executive Decision: The decision issued by the President in implementation of the provisions of this Regulation.

• The Authority: The Transport General Authority.

• The Council: The Board of Directors of the Authority.

• The President: The President of the Authority.

• The Person: Any individual or legal entity.

• The Railway: A part of the transport network that uses parallel iron rails on which trains, cars, and moving equipment run.

• The Concession Contract: A contract concluded by the government with the licensee for the construction of railways and the provision of their services, which specifies the obligations of the concessionaire.

• The Concessionaire: The person granted a concession by the government to construct railways and provide their services.

• The License: An official document issued by the Authority to a legal entity, allowing it to provide railway services under the Law and the Regulation.

• The Licensee: The person who holds the license.

• The Network: A collection of railways, including any railway line and any related extension of one of the railways.

• The Station: The designated place for passengers to board and alight from trains, or for handling containers and goods.

• The Train: A means prepared for transporting passengers and goods on railways, consisting of a locomotive (or several locomotives) and cars connected to the locomotive to be pulled by it, or the train may be formed as a single unit where the locomotive is inseparable from the car.

• The Locomotive: A mechanical vehicle powered by fuel or electricity or otherwise, designed to pull train cars and considered an integral part of it.

• The Car: Any transport car for passengers or goods on railways, which can only move by the pulling power of the locomotive.

• Intercity Freight Train: The train designated for transporting passengers or goods or both between cities or from the Kingdom to other countries and vice versa.

• Intracity Freight Train: The train designated for transporting passengers within the cities of the Kingdom, including metro, tram, and other similar low-speed transport means.

• The Facilities: The railway lines or network facilities, including: any station, a workshop for maintaining moving or non-moving equipment, a railway maintenance workshop, a station for fueling trains, a train maneuvering yard, or train and car parking, or any asset related to the operation of railways or the network or trains.

• Public Utility Networks and Lines: Networks and lines for water, sewage, storm drainage, electricity, telephone, public roads, and other facilities.

• Railway Services or activities: Operating railways or the network or facilities and providing passenger and freight transport services by rail and maintenance services for those lines, trains, cars, and equipment, and services related to the operation of the network or its facilities.

• The Infrastructure: All facilities, systems, and programs necessary for the operation of railway lines and enabling them to operate safely, including lands designated for those lines or their facilities, the railway corridor, signaling and communication systems, control, guidance signs, buildings, stations, maintenance workshops, lodging centers, warehouses, machines, equipment, structures, passages, switches, tunnels, bridges, loading and unloading docks, barriers, fences, electrical supply lines and their transformers, and supporting works and constructions related to them or their components, excluding the train or railway cars.

• The Infrastructure Manager: The licensee responsible for the possession and management of the infrastructure and providing related services, whether the person owns the infrastructure or not.

• The Incident: Any event or series of unexpected events caused by intentional or unintentional acts or omissions or negligence by any person on the railways or in its infrastructure resulting in injuries to individuals or damage to property or the environment.

• The Railway Assets: The networks, stations, and freight or maintenance facilities belonging to the railways and any vehicle running on them.

• The Near Miss: Any unexpected event that could have led to an accident on the railways or one of its facilities or infrastructure but did not result in injuries or damages.

• The Dominant Position: The ability to influence the fairness of decision-making or legitimate competition.

• The Safety Certificate: An official document issued by the Authority approving the safety requirements for the licensing of railway services as specified by the Authority.

• The Committee: The committee formed by a decision of the Council, responsible for adjudicating violations of the provisions of the Law and the Regulation and imposing the prescribed penalties, in addition to considering complaints arising in railway transport activities.

• The Investigation Committee: A committee formed by the President for the purpose of conducting a technical investigation into the incident or near miss.

• The Usage Agreement: An agreement for the use of a railway line or an agreement for the use of a facility.

• The Railway Line Usage Agreement: An agreement between a licensee and another licensee or any legal entity allowing one of them to use the railway line for transporting passengers or goods.

• The Facility Usage Agreement: An agreement between a licensee and another licensee or legal entity allowing one of them to use the facility.

• The Inspector: The employee assigned the authority to inspect and monitor compliance with the provisions of the Law and the Regulation, and to take necessary action in case of any violation of either.

• The Evidence: Evidence of licensing activities and issuing the necessary certificates for them, which includes, but is not limited to, all requirements, standards, specifications, technical conditions, and procedures that must be adhered to, and other matters related to conducting the activity, which are considered complementary to the provisions of this Regulation.

• The Technical Investigation: An investigation conducted by the Authority through a committee formed by the President; focusing on technical aspects rather than criminal ones; to determine the causes of the incident or near miss and to make appropriate recommendations regarding them.

The provisions of this Regulation apply to all activities, services, and actions related to the railways referred to in the Law or Regulation.

To obtain the approvals required for the establishment of public utility lines and networks and their extension across the railway corridor or at intersections with it, the following obligations must be adhered to:-

• A. Not to commence work until prior approval has been obtained from the authority and the necessary approvals from the relevant entities.

• B. To execute the work in accordance with the plan submitted to the authority and approved by it.

The following are considered services and activities of the railways:

• 1. Management of infrastructure.

• 2. Maintenance of infrastructure elements.

• 3. Rail transport between cities.

• 4. Rail transport within cities.

• 5. Construction of railways.

• 6. Maintenance of trains, carriages, and equipment.

• 7. Any other activities specified by the authority; that fall under the services mentioned in this article or relate to the operation of the network.

A- A license must be obtained from the Authority in the following cases:

• 1. If the service to be provided is connected to the network.

• 2. If the railway serves the public even if it is within a private facility.

B- It is not required to obtain a license from the Authority for the construction of railway lines that are exclusively located within the boundaries of facilities such as ports and factories for their private purposes; unless those lines are connected to the network, provided that the relevant entity submits to the Authority to ensure the application of the exemption before commencing construction works and provides all studies and documents requested for this purpose.

The applicant for the license must fulfill the following requirements:-

• First: Documents and Papers

  • 1. Fill out the license application according to the form approved by the General Panel.

  • 2. A valid commercial registration that authorizes its owner to apply for the license for the required service.

  • 3. A license from the General Investment Authority for the foreign individual.

  • 4. All documents, papers, guarantees, and insurances mentioned in the evidence specific to the required service.

  • 5. Any additional information, documents, or requirements that the General Panel deems necessary to provide.

  • 6. Payment of the financial fee.

• Second: Technical Requirements

  • 1. A valid safety certificate.

  • 2. Providing proof of prior experience in practicing the required activity.

  • 3. Compliance with all technical requirements and standards mentioned in the evidence specific to the activity.

The authority shall decide on the license application within (60) sixty days from the date of its completion, and in the event of a rejection, its decision shall be substantiated.