Q&A: rail transport safety regulation in Mexico

Safety regulation

How is rail safety regulated?

Railway safety is strictly regulated through Mexican Official Standards (NOMs), which aim to specify the conditions in which rail tracks and other equipment must be built, kept and maintained. These are issued by the Rail Transport Regulatory Agency.

Some of the NOMs include: NOM-EM-003-ARTF-2023, Railway System-Safety-Classification and Track Specifications; and NOM-001-ARTF-2023, Railway System-Infrastructure-Monolithic Bearings-Specifications and Test Methods.

What body has responsibility for regulating rail safety?

The Rail Transport Regulatory Agency is responsible for supervising, sanctioning and verifying all procedures related to railway safety.

What safety regulations apply to the manufacture of rail equipment?

Mexican Official Standards regulate the manufacture of railway equipment. One of the main regulations is the NOM-002-ARTF-2019, Railway System-Safety-Inspection of Tractive Equipment.

This NOM outlines specific tests that rolling stock must undergo, such as static and dynamic load tests, braking performance tests and inspections for structural components. Also, it includes guidelines for documentation, record-keeping and reporting to facilitate compliance and traceability. This NOM helps rail transport service providers meet safety requirements during the construction and operation of rail infrastructure.

What rules regulate the maintenance of track and other rail infrastructure?

The Law on the Regulation of Rail Services establishes general standards for the maintenance of the track and other rail infrastructure. The Railway Services Regulations complements the law referred to above. The Mexican Official Standards contain more specific provisions on track and other rail infrastructure maintenance. One of them is the NOM-EM-003-ARTF-2023-1, Railway System-Safety-Classification and Track Specifications.

What specific rules regulate the maintenance of rail equipment?

The Law on the Regulation of Rail Services establishes general standards for the maintenance of rail equipment. The Railway Services Regulations complements the law referred to above. The Mexican Official Standards contain more specific provisions on rail equipment maintenance. One of them is the NOM-002-ARTF-2019, Railway System-Safety-Inspection of Tractive Equipment.

What systems and procedures are in place for the investigation of rail accidents?

Rail services providers are required to have a programme to implement in the case of an accident, which shall be provided to the Rail Transport Regulatory Agency before beginning operations. Depending on the extent of the accident, rail service providers shall notify the Agency about the accident and provide evidence to identify the causes that originated the same, as well as a technical report establishing such causes and the assessment of the damage caused. When reviewing the technical report, the Agency may issue recommendations or issue corrective or preventive measures to be implemented by the rail service provider. If the accident causes body damages to third parties, the Agency may form a commission for the purpose of conducting an investigation. The Mexican Official Standard NOM-004-ARTF-2020, Railway System - Safety - Notification of accidents - Methodology provides details on the notifications to be made to the Agency in case of accidents.

Are there any special rules about the liability of rail transport companies for rail accidents, or does the ordinary liability regime apply?

The liability of rail transport companies is regulated in the Law on the Regulation of Rail Services and the Railway Services Regulations. These regulations establish the damages for which transport companies are liable in the case of damage to users or their luggage in the provision of the service, and when providing freight transportation services, for the loss of or damage to the goods or products they transport. However, to calculate the amount of damages, the general liability regime foreseen in the civil regulation is applicable.