This document must be read in conjunction with Evidence (01): the main document that addresses all definitions and standards used in the set of guiding evidence.
The purpose of the licensing process and obtaining an operating license is to ensure the application of the railway transport system, particularly concerning the following:
The safety, security, quality, and efficiency of railway services.
Developing the services provided to railway customers.
The General Panel will generally define the purpose that should be achieved under the operating license and will leave it to the licensee to determine how to implement what is required of them. The Transport General Authority, in the context of monitoring compliance with the conditions of the operating license, will issue rulings based on evidence and facts regarding whether the actions taken by the licensees and the levels of performance achieved are sufficient to meet the objectives and provisions stipulated in the licensing conditions.
The railway service providers request licenses for the following aspects:
Infrastructure: Operation, maintenance, renewal, and development of the railway network or parts of the network (contractors for the construction of railways or subcontracted maintenance do not require licenses, but must be managed by a licensed entity).
Passengers: Operation of passenger transport services by trains.
Freight: Operation of freight services by rail.
Workshops: Operation of one or more workshops for the maintenance of railway infrastructure or maintenance of trains and railway cars or transport and assembly or freight station yards or railways connected to the dry port.
Station: Operation of one or more passenger service stations.
Metro: Operation of an urban railway line or within cities, including subway lines and surface railways.
Light rail or tram: Operation of a light railway or tram (where some or all operations may occur on roads accessible by road vehicles).
Other guided modes: Operation of other guided transport models and means, including but not limited to monorails, automated passenger transport (APM), hyperloop rapid transit, and maglev rapid transit systems.
Typically, the responsibility of the party or entity with direct control and supervision over the safety of railway operations and maintenance is to apply for an operating license. This also applies if they subcontract all or part of their operations to other companies. If the license applicant does not have the necessary experience to operate the railways safely and securely, the authority expects them to provide.
Evidence of how to secure expertise to ensure the safe operation of the railways. The authority may also impose conditions in the license that require specific contractual arrangements to be established and maintained throughout the duration of the operating license to ensure the availability of the necessary expertise for safe operation.
The authority will not issue an operating license unless the applicant has previously obtained a valid safety certificate issued by the authority. The operating license requires compliance with the appropriate standards issued by the authority, such as those listed in Guide 05: Safety Management System.
Once the license is issued, it cannot be transferred to another party without obtaining written approval from the authority.
Before providing any railway services, it is necessary to first obtain an operating license, and the service shall be immediately suspended upon the expiration, suspension, or cancellation of the license. Entering into a contract with the funder to provide railway services, including a purchase contract or a franchise to provide the contracted services, is only permitted upon obtaining the necessary license from the authority.
The Transport General Authority may recover some or all costs associated with safety regulation and economic organization by imposing license fees on the licensees. The relevant fees must be paid prior to the issuance of the license. The fees payable are determined by the Board of Directors of the Transport General Authority. For more information, please refer to Guide No. 13: «Fees and Expenses».