The Board acts as Administrative appeal body and a Regulatory body. Within these functions the Board conducts market monitoring, supervisions, audits and makes decisions regarding complaints ect. Furthermore the board can initiate proceedings on its own initiative.
As Administrative appeal body the board can only make decisions if the given authority is provided by law. The railway board makes decisions in appeal cases concerning, among other:
- Complaints about decisions taken under the railway act (Jernbaneloven) §§4-8, §§17-18 and § 21 and rules under pursuant to these or following rules where complaint to the railway board is legally established.
- Complaints regarding access to service facilities and rail-related services.
- Complaints regarding parts of Regulation 1371/2007 which falls outside the competence of The Board for Buss, Train and Metro.
- Complaints regarding art. 5, no 6 in Regulation no. 1370/2007.
- Complaints regarding regulation 913/2010 on freight corridors.
- Decisions that can be appealed to the railway board cannot be appealed to another administrative authority, neither before nor after.
The Railway Board does not process complaints regarding civil disputes related to regulation no. 1371/2007. These complaints should be directed to the Appeals Board for Bus, Train and Metro.
As a Regulatory body the board monitors the competition within the railway sector including rail freight in order to prevent inefficient development in these sectors.
Furthermore the railway board supervises the compliance of, among other:
- Directive 2012/34 about establishing a single European railway area
- Regulation 1371/2007 on rail passengers’ rights and obligations
- Regulation 913/2010 concerning a European rail network for competitive freight Implementing
- Regulation 869/2014 on new rail passenger services
The regulatory body may require railway companies, infrastructure managers and other companies in the railway sector to give information of importance to the board’s activities(Jernbanelovens § 105). In this context the board may impose weekly penalty payments to those who fail to provide the information as requested. (Jernbanelovens §107)
The supervisory obligation implies that the board may issue an advisory statement containing the board’s view on the law, and at the same time state the obligations to the entity regarding.