Ordinance For Enforcement Of The Nationwide Shinkansen


Download Ordinance For Enforcement Of The Nationwide Shinkansen


Preview text

ORDINANCE FOR ENFORCEMENT OF THE NATIONWIDE SHINKANSEN RAILWAY DEVELOPMENT ACT
(Ordinance of the Ministry of Transport No. 86 of October 1, 1970) As last amended by the Ordinance of the Ministry of Land, Infrastructure,
Transport, and Tourism No. 109 of October 1, 2003
- 1 -

This English translation of the Ordinance for Enforcement of the National Shinkansen Railway Development Act (Entered into force on October 1, 1970) has been prepared (up to the revisions by the Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism No. 109 of 2003 (Entered into force on October 1, 2003)) in compliance with the Standard Bilingual Dictionary March 2008 edition.
This is an unofficial translation. Only the original Japanese texts of laws and regulations have legal effect, and the translations are to be used solely as reference material to aid in the understanding of Japanese laws and regulations.
The Government of Japan will not be responsible for the accuracy, reliability or currency of the legislative material provided on this Website, or for any consequence resulting from use of the information on this Website. For all purposes of interpreting and applying law to any legal issue or dispute, users should consult the original Japanese texts published in the Official Gazette.
- 2 -

ORDINANCE FOR ENFORCEMENT OF THE NATIONWIDE SHINKANSEN RAILWAY DEVELOPMENT ACT (Ordinance of the Ministry of Transport No. 86 of October 1, 1970) As last amended by the Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism No. 109 of October 1, 2003

Article 1

(Instruction to Research on the Construction Line)

The instruction to research the Construction Line pursuant to the

provision of Article 5, Paragraph 1 of the Nationwide Shinkansen Railway

Development Act (Act No. 71 of 1970; hereinafter referred to as the “Act”)

shall be implemented with respect to the matters listed hereunder with

determined date where a report on the research is to be submitted.

(i) Matters related to the transportation capacity to be supplied to

accommodate with the demand in the transportation volume and the like.

(ii) Matters related to geographical and geological features and the like.

(iii) Matters related to the development of the technologies for the

facilities and train vehicles

(iv) Matters related to the costs required for construction

(v) Any other matters required

Article 1-2 (Consultation with Juridical Persons Intended to be Designated as Operator or Constructor) (1) The consultation with the juridical person intended to be designated
as the Operator pursuant to the provision of Article 6, Paragraph 4 of the Act shall be implemented by presenting the following matters. (i) The Basic Plan of the Construction Line where the juridical person is intended for the implementation of the operation (ii) The section that is split into from the Construction Line in order for the designation of the Operator if so intended (iii) Any other matters required (2) The consultation with the juridical person intended to be designated as the Constructor pursuant to the provision of Article 6, Paragraph 5 of the Act shall be implemented by presenting the following matters. (i) The Basic Plan of the Construction Line where the juridical person is intended for the implementation of the construction

- 3 -

(ii) The section that is split into from the Construction Line in order for the designation of the Constructor if so intended
(iii) Any other matters required (3) The consultation with the juridical person who is other than the
juridical person intended to be designated as the Constructor pursuant to the provision of Article 6, Paragraph 5 of the Act, and who is intended to be designated as the Operator pursuant to the provision of Paragraph 1 of the same article shall be implemented by presenting the following matters. (i) Name and address of the juridical person intended to be designated as the Constructor (ii) The section that is split into from the Construction Line in order for the designation of the Constructor if so intended (iii) Any other matters required

Article 2

(Entry Items Etc. of the Construction Implementation Plan)

(1) The matters specified by the Ordinance of the Ministry of Land,

Infrastructure, Transport, and Tourism under Article 9, Paragraph 1 of

the Act shall be as follows.

(i) Name of the railway

(ii) Section of the construction works

(iii) Location of the railway track (that shall be indicated on the floor plan

of a scale of one to two hundred thousand as well as on the profile of a

horizontal scale of one to two hundred thousand and vertical scale of one

to four thousand)

(iv) Length of the track

(v) Location of Stations

(vi) Location of carriage shed facilities and inspection/repair facilities

(vii) Construction Methods

a) Minimum bend radius

b) Ruling-up-gradient

c) Distance between centers of the tracks

d) Kind of rail profile

e) Kind of railroad ties and their interval

f) Roadbed structure

g) Width of formation level

h) Load-carrying capacity of the railroad track and bridges

- 4 -

i) Effective length of the main track at stations j) Control method of the trains k) Outline of communication facilities l) Electric mode of the electric train track m) Suspension method, kind and gauge of the overhead wire n)Installation method, kind, and gauge of the feeding lines, power
transmission lines, and distribution lines (except for those of low voltage power) o) Overview of power plants and substations p) Prevention methods of the hazard against persons incidental to the construction works q) Any other matters required in relation to the implementation of the construction works (viii) Construction Budget (Form 1) (ix) Scheduled timing of commencement and completion of construction works
(2) The documentation that is designated by the Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism under Article 9, Paragraph 2 of the Act shall comprise the following.
(i) Floor plan of the railway track (of a scale of one to fifty thousand) (ii) Railway track profile (of a horizontal scale of one to two hundred thousand and vertical scale of one to four thousand) (iii) Floor plan of the stations (in a scale of one to twenty five hundred) (iv) Table of Station Facilities (Form 2) (v) Table setting forth the overview of the carriage shed facilities and inspection/repair facilities (Form 3) (vi) Table setting forth the overview of bridges, tunnels and other major structures (vii) Locking sheet (viii) Communication line diagram (ix) Standard train track power pole assembly diagram (x) Diagrams of feeding network, transmission system, and distribution system (except for those of low voltage power) (xi) Single wire circuit diagram of substations (xii) Documentation setting out the overview of the operational safety
- 5 -

facilities (xiii) Documentation setting out the overview of rolling stocks (xiv) Scheduled operation timetables and diagrams (xv) Documentation setting forth the overview of special designs if such
designs exists (xvi) Schedule of the construction works
(3) If a Constructor (other than the Constructor that is also the Operator) intends to obtain an approval for the Construction Implementation Plan pursuant to the provision of the first sentence under Article 9, Paragraph 1 of the Act, the Constructor shall submit to the Minister of Land, Infrastructure, Transport and Tourism the documentation to prove that the agreement with the Operator pursuant to the Paragraph 3 of the same article has been established.

Article 3

(Revision to the Construction Implementation Plan Etc.)

(1) In the case where a Constructor intends to obtain an approval of the

revision to the Construction Implementation Plan pursuant to the

provision of the second sentence under Article 9, Paragraph 1 of the Act,

the Constructor shall submit the documentation setting forth the reason

and the details of the revision concerned with documentation pertaining to

the revision concerned provided under Paragraph 2 of the preceding article

as the attachment thereto.

(2) The provision of Paragraph 3 of the preceding article shall apply

mutatis mutandis to the cases under the preceding paragraph.

(3) In the case where a Constructor has revised the details of the

documentation set forth in the items under Paragraph 2 of the preceding

article, the Constructor shall submit without delay the documentation

setting forth the details of such revision to the Minister of Land,

Infrastructure, Transport and Tourism unless otherwise the Constructor

submits the documentation pursuant to the provision of Paragraph 1

regarding the revision concerned.

(4) In the case of the preceding paragraph, the Constructor (other than

the Constructor that is also the Operator) shall deliver to the Operator the

same documentation that is submitted to the Minister of Land,

Infrastructure, Transport and Tourism pursuant to the provision of the

same paragraph.

- 6 -

Article 4

Deleted

Article 5

(Publication Etc. of Designation and Cancellation of Conduct

Restriction Area)

(1) The publication of the designation of a conduct restriction area

pursuant to the provision of Article 10, Paragraph 4 of the Act shall be

implemented by means of posting the following matters on the official

gazette.

(i) Name of the railway and the section of the construction

(ii) Conduct restriction area (that shall be indicated by prefecture,

municipality, sections therein or equivalent subdivisions)

(iii) Location where the drawings indicating the conduct restriction area

under the preceding item is made available for public inspection

(2) The public inspection pursuant to the provision of Article 10,

Paragraph 4 of the Act shall be made available at the District Transport

Bureau concerned, the office of the Constructor, and other locations

designated by the Minister of Land, Infrastructure, Transport and

Tourism as of the date of publication under the preceding paragraph to the

cancellation date of such designation in a manner where the conduct

restriction area concerned is set forth on the map with a scale of one to one

thousand or smaller.

(3) The publication of the cancellation of the designation of conduct

restriction area pursuant to the provision of Article 10, Paragraph 5 of the

Act shall be implemented by means of posting the following ,matters on

the official gazette.

(i) Name of the railway and the designation date of the conduct

restriction area

(ii) The area where the designated conduct restriction area is intended to

be cancelled (that shall be indicated by prefecture, municipality, sections

therein or equivalent subdivisions)

Article 6

(Excepted Conducts within Conduct Restriction Area)

(1) The minor changes of the land characteristic that is stipulated under

the Ordinance of the Ministry of Land, Infrastructure, Transportation and

Tourism under Article 5, Item ii of the Order for Enforcement of the

- 7 -

Nationwide Shinkansen Railway Development Act (Cabinet Order No. 272

of 1970; hereinafter referred to as the “Order”) shall be what is listed

hereunder.

(i)Changes in the land characteristic in the minimum scale required in

order to implement the conducts of the Item iii or iv under Article 5 of

the Order

(ii) Development of a garden or vegetable garden within the building site

or other conducts similar thereto

(iii) Excavation, cut, or banking of land in order to the installation of

groove, cellar, ridge or other structures similar thereto

(2) The simple structure that is designated by the Ordinance of the

Ministry of Land, Infrastructure, Transport, and Tourism under Article 5,

Item iv of the Order shall comprise the following.

(i) The building equipment stipulated under Article 3, Item iii of the

Building Standards Act (Act No. 201 of 1950)

(ii)

Storage, drying space, garage or other structure similar

thereto in the building site

(iii) Sign, swing, slide, fence, railing or other small structures similar

thereto

Article 7

(Form Etc. of Application for Determination)

(1) The form of an Application for Determination under Article 6 of the

Order shall be Form 4.

(2) The Application for Determination shall be submitted in one original

copy and one duplicated copy.

Article 8

(Form of Identification Card)

The identification card under Article 12, Paragraph 5 of the Act shall be

Form 5.

Article 9

(Items to be Stated in Plans Corresponding to Basic Business

Plans)

The matters listed in the items under Article 5, Paragraph 1 of the

Ordinance for Enforcement of the Railway Business Act (Ordinance of the

Ministry of Transport No. 6 of 1987) (or matters listed under Items iii to vi

of Article 5, Paragraph 1 of the same Ordinance in case of the Operator who

- 8 -

is deemed as if the Operator had obtained the license of Type II Railway Business pursuant to the provision of Article 14, Paragraph 7 of the Act, or matters listed under Items i and ii of Article 5, Paragraph 1 of the same Ordinance in case of the Constructor who is deemed as if the Constructor had obtained the license of Type III Railway Business pursuant to the provision of Article 14, Paragraph 7 of the Act) shall be stated in the plan equivalent to the Basic Business Plan as is provided for under Article 4, Paragraph 1, Item vi of the Railroad Business Act (Act No. 92 of 1986) under Article 14, Paragraph 7 of the Act.
Article 10 (Railway Facilities Pertaining to Major Improvement Works) The railway facilities stipulated under the Ordinance of the Ministry of
Land, Infrastructure, Transportation and Tourism under Article 15, Paragraph 2 of the Act shall comprise earthworks, bridges, tunnels and the railway facilities supplemental thereto.
Article 11 (Application for Approval of Allowance Reserve Plans) (1) In the event where the Designated Owner Operator intends to obtain
the approval of an Allowance Reserve Plan pursuant to Article 16, Paragraph 1 under the Act, the Designated Owner Operator shall submit an application prepared in Form 6 to the Minister of Land, Infrastructure, Transport and Tourism within six months from the day when the Designation under Article 15, Paragraph 1 under the Act is issued. (2) The costs normally required shall be calculated with respect to the costs under Article 16, Paragraph 1, Item i of the Act in view of the costs required for the constructions similar to the construction concerned. (3) The documentation stipulating the construction methods to be attached to the f Allowance Reserve Plan shall be in Form 7. (4) The matters that are designated by the Ordinance of the Ministry of Land, Infrastructure, Transport, and Tourism under Article 16, Paragraph 2 of the Act shall comprise the following. (i) Estimated costs required for the Major Improvement Works concerned (Form 8) (ii) Procurement methods of the fund to be allocated for the Major Improvement Works concerned (Form 9)
- 9 -

Article 12 (Application for Approval of Revision to Allowance Reserve Plans) (1) In the event where the Designated Owner Operator intends to obtain
the approval of the revision to Allowance Reserve Plan pursuant to Article 16, Paragraph 1 under the Act, the Designated Owner Operator shall submit an application prepared in Form 10 to the Minister of Land, Infrastructure, Transport and Tourism. (2) The application under the preceding paragraph shall be accompanied with any of the documentation the details of which are to be changed pursuant to the revision to the Allowance Reserve Plan among the documentation in Forms 7 to 9.

Article 13 (Reserve of Allowance)

(1) The amount stipulated in the Ordinance of the Ministry of Land,

Infrastructure, Transport, and Tourism under Article 17, Paragraph 1 of

the Act shall be whichever amount smaller of those listed in the following.

(i) The amount calculated by multiplying the sum of amount to be

reserved (hereinafter referred to as “maximum cumulative amount”)

pursuant to the Allowance Reserve Plan as has been approved pursuant

to the provision of Article 16, Paragraph 1 of the Act (or Allowance

Reserve Plan as revised and approved if the revision and approval

thereof has been made pursuant to the provision of the said Paragraph)

by the number of months within the current business year that is

included in the allowance reserve term prescribed on the Allowance

Reserve Plan and then subtracting the number of months within the

allowance reserve term from the product

(ii)

The amount calculated by subtracting the amount of the

Allowance for the Major Improvement Works of Shinkansen Railways

(hereinafter referred to as the “Allowance”) pertaining to the Allowance

Reserve Plan concerned that has been carried over from the preceding

business year (less the amount to be disposed pursuant to the provisions

of Paragraphs 1 and 2 of the following article if such amount exists) from

the maximum cumulative amount pertaining to the Allowance Reserve

Plan concerned as at the date that is the last day of the fiscal year

concerned

(2) The number of months in the preceding paragraph shall be

- 10 -

Preparing to load PDF file. please wait...

0 of 0
100%
Ordinance For Enforcement Of The Nationwide Shinkansen