defining, by means of a regulation, the required technical conditions for other building structures, including technical conditions related to the location thereof.

Regulation of the Minister for Infrastructure of … 2024 on the technical conditions to be met by intersectionsof railway lines and railway sidings with tramway lines and location thereof

The Draft sets out the technical conditions to be met by intersections of railway lines and railway sidings withtramway lines and location thereof which are derived directly from the specific nature of such intersections (arailway track intersects with a tramway track).

According to the draft wording of § 3(1) of the Regulation, whenever the Regulation refers to a tram line, itshould be understood as a tramway line referred to in Article 4(2d) of the Rail Transport Act of 28 March 2003(Journal of Laws of 2024, item 697, as amended) along with a tram trackage forming part of a track wayintended exclusively for the traffic of trams or the traffic of trams and other vehicles, located in the road stripreferred to in Article 28a(1) of the Public Roads Act of 21 March 1985 (Journal of Laws of 2024, item 320, asamended). The purpose of this provision is to clarify that the provisions of the proposed regulation cover bothtramway lines referred to in Article 4(2d) of the Rail Transport Act of 28 March 2003 which are separated fromthe road strip, and tramway tracks which are part of a rail road intended exclusively for the traffic of trams orthe traffic of trams and other vehicles located in the road strip. However, this does not mean that it is theintention of the draft originator to interfere with the statutory definition of a tramway line.
The draft provisions of § 4-15 contain technical requirements with regard to the specific nature of theintersection of a railway line and a railway siding with a tramway line which are derived from the currenttechnical knowledge and the existing technical possibilities, including the possibility of reducing the emittednoise which will significantly streamline traffic flow and the comfort of passengers of both the railway,tramways, and inhabitants of the surrounding buildings as compared to the technical requirements resultingfrom the Regulation of the Ministers for Transport and Municipal Economy of 5 February 1964.
Paragraph 16 of the draft transitional provision sets out the cases in which the provisions of the Regulationshall not apply. The intention of the draft originator is not to impose the necessity to rebuild existingintersections in order to adapt them to the provisions of the draft Regulation as this would not be economicallyjustified. It should be emphasised that the draft Regulation is addressed primarily to planned investments in theextension of the tramway network which shall include intersections of a railway line with a tramway line andwhich shall be designed and built after the date of entry of the provisions of the draft Regulation into force.
However, the draft Regulation contains a transitional provision (§ 17) according to which, at the request of aninvestor submitted to the competent architectural and construction administration authority within 30 days fromthe date of entry of the draft Regulation into force in the event that a request for a construction permit or arequest for approval of a plot or land development design and an architectural-construction design was filed, ora notification of construction or performance of other construction works was made in the case when aconstruction permit is not required, the provisions of the draft Regulation may be applied.
In addition, pursuant to § 18 of the Regulation, at the request of an investor submitted to the competentarchitectural and construction administration authority within 30 days from the date of entry of the draftRegulation into force, in the case of investments involving the construction or reconstruction of intersections ofrailway lines and railway sidings with tramway lines in respect of which a procedure for the award of a designor construction contract was concluded before the date of entry into force of the draft Regulation, theprovisions of the draft Regulation may be applied.