Amendments to the Regulation on the Transport of Dangerous Goods by Rail

Through the Regulation Amending the Regulation on the Transport of Dangerous Goods by Rail (the Amending Regulation), published in Official Gazette No. 33399 on 13 October 2026, various amendments have been introduced to the Regulation on the Transport of Dangerous Goods by Rail (the Regulation) published in Official Gazette No. 29418 on 16 July 2015.

Under the Amending Regulation, administrative sanctions to be applied in the transport of dangerous goods by rail have been re-regulated, provisions governing inspection authority have been updated and certain obligations regarding training certificates have been modified. Furthermore, the underlying statutory provisions of the Regulation and references to relevant public institutions have been harmonised with current legislation and administrative organisational structures.

Re-Regulation of Administrative Fines

Under Article 8 of the Amending Regulation, the first paragraph of Article 31 of the Regulation, which governs administrative sanctions, has been re-regulated.

Within this framework, administrative fines to be imposed pursuant to Article 28/A of Statutory Decree No. 655 on Certain Regulations Concerning the Field of Transport and Infrastructure in the event of a breach of obligations stipulated in the Regulation have been established in explicit amounts.

According to the new regulation, an administrative fine of TL 4,263,586 will be imposed on consignors and carriers acting in breach of the seventh paragraph of Article 22 of the Regulation. This amount constitutes the highest administrative fine stipulated under the amended Article 31 of the Regulation.

In addition, an administrative fine of TL 170,903 is stipulated for consignors and carriers acting contrary to the fourth paragraph of Article 5 of the Regulation and TL 854,588 for those acting contrary to the sixth paragraph.

An administrative fine of TL 17,932 will be imposed on natural persons or legal entities engaging in transport activities without obtaining a certificate of operation. Furthermore, where cargo transport units that have not undergone the requisite testing, inspection and certification procedures by competent authorities in accordance with the provisions of RID Part 6 are used in the transport of dangerous goods, an administrative fine of TL 85,437 per cargo transport unit will be imposed on the consignor, filler and carrier.

Enterprises that do not employ a dangerous goods safety adviser or fail to procure this service will be subject to an administrative fine of TL 170,903.

On the other hand, where an administrative fine is imposed under subparagraph (e) of the first paragraph of Article 31 of the Regulation, it is stipulated that the wagon and/or train will be held in a safe area until the relevant violation is rectified, and permission to continue the journey will not be granted.

For the enterprises concerned, this regulation gives rise not only to the risk of administrative fines but also to operational delays and contractual liabilities that may stem from the stoppage of transport activities.

Amendments Regarding Inspection Authority

Under Article 4 of the Amending Regulation, the second paragraph of Article 26 of the Regulation, which governs inspection procedures, has been amended.

Pursuant to the new regulation, the Ministry of Transport and Infrastructure will be entitled to carry out inspection activities not only through its own personnel but also through public institutions or organisations authorised under Statutory Decree No. 655 and specified in Article 27 of the Regulation.

With this amendment, the legal framework regarding institutions and organisations that may take part in inspection activities has been clarified, and the provision regarding the Ministry conducting its inspections through other authorised public institutions or organisations has been updated.

Modification of the Obligation Regarding Training Certificates

Under Article 3 of the Amending Regulation, an amendment has been made to subparagraph (f) of the first paragraph of Article 14 of the Regulation.

Within this scope, the phrase regarding the submission of training certificates to the Ministry when required, contained in the relevant provision, has been repealed.

Nevertheless, the amendment in question does not eliminate the obligation to provide training. Consequently, the enterprises concerned must continue to comply with their training obligations.

Updating Legal Grounds and Institutional References

Under the Amending Regulation, Article 3 of the Regulation, which sets out its legal basis, has been re-regulated; references have been made to the Regulation Concerning the International Carriage of Dangerous Goods by Rail (RID), which constitutes Appendix C to the Convention Concerning International Carriage by Rail (COTIF), Statutory Decree No. 655, and Articles 477 and 497 of Presidential Decree No. 1 on the Presidential Organisation.

Furthermore, outdated names of the Ministry and relevant units appearing in the Regulation have been updated in accordance with the current administrative organisational structure.

Entry into Force

Pursuant to Article 11 of the Amending Regulation, the enactment was published on 13 October 2026 and entered into force on the same date.

Evaluation

The Amending Regulation is of significant importance with respect to redetermining administrative sanctions in the field of railway transport of dangerous goods and updating inspection procedures.

In particular, the ability to impose administrative fines on the consignor, carrier, filler, railway train operator and other relevant enterprises under distinct obligations necessitates that responsibilities in transport operations be clearly defined.

In this context, it is vital that enterprises operating in the transport of dangerous goods review their certificates of operation, testing and certification records for cargo transport units, obligations regarding dangerous goods safety adviser services and personnel training processes within the framework of current regulations.

Furthermore, prohibiting wagons or trains from continuing their journeys in certain violations must also be taken into account in terms of delays, additional costs and liability disputes that may arise from carriage contracts. For this reason, it will be appropriate for the statutory obligations of parties involved in transport organisation to be explicitly stipulated in contracts, for compliance procedures to be documented and for operational inspection mechanisms to be assessed in line with current legislation.

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