Assessment memorandum on the need to amend legislation concerning transport infrastructure is now available for comments

The Ministry of Transport and Communications is requesting comments on an assessment memorandum examining the current need for amendments to the legislation concerning transport infrastructure. Comments can be made on the memorandum until 1 June 2025.

The assessment memorandum has examined the legislation concerning transport infrastructure, i.e. the Highways Act and the Railways Act. Needs for change have been identified, especially in agencies that apply the legislation.

The memorandum discusses the following issues:

1. Preparedness and incident regulation

The memorandum examines the potential need for changes in transport infrastructure legislation from the perspective of preparedness and disruption management. The memorandum examines supplementing the regulation of preparedness in transport infrastructure legislation with regard to powers in abnormal conditions. It also explores how national security is taken into consideration in the planning of transport infrastructure.

2. Right of inquiry of transport infrastructure legislation

At the moment, the right of inquiry concerning transport infrastructure legislation is tied to the preparation of road, railway and general planning. The assessment memorandum states that it should be possible to carry out inquiries after the preparation of statutory plans for the purpose of more detailed construction planning, as well as in cases where it is not necessary to draw up a road or railway plan.

3. Property-specific noise control

The transport infrastructure legislation does not specifically provide for property-specific noise control. Currently, there are different interpretations of the possibilities of using property-specific noise control in transport infrastructure projects. There is also a lack of clarity as to how these possibilities of use relate to the requirements of railway and road plans, as well as redemption and compensation regulation. The memorandum examines the need to supplement the transport infrastructure legislation in order to clarify the situation.

4. Implementation of the TEN-T regulation and the tunnel directive

The assessment memorandum addresses the needs for additional national legislation arising from the Trans European Transport Network (TEN-T) Regulation. The memorandum also finds the national implementation of the so-called tunnel directive, which has been in force since 2004, to be incomplete.

5. Need for amending the Railways Act

The assessment memorandum has identified the need to supplement and clarify the regulation of private railways in the Railways Act. The current regulation does not fully take into account situations where significant railway plans for public transport are prepared by a private operator, such as a project company. This creates ambiguity, especially with regard to new private railways.

In addition, the memorandum briefly examines other amendment needs.

Next steps

All citizens and organisations may submit opinions on the memorandum at www.lausuntopalvelu.fi The opinion must be submitted no later than 1 June 2025.

After the round of comments, whether the legislative project will be launched will be assessed. The timetable for a possible project will be decided after the review of the opinions received.

Further information:

Laura Rantanen, Senior Specialist, laura.rantanen(at)gov.fi, tel. +358 295 342 175