The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:
Declaration and principles
Article 1-Declaration of national public interest and as the objective of the Argentine Republic the security policy in the transport, whose purpose is to provide mobility guaranteeing the protection of the people, their goods and the environment in the national territory.
Article 2-The principles of the transport security policy are:
a) Independence: based on the demarcation between the functions of regulation, the provision and control of the transport services, the investigation and determination of the facts, conditions, circumstances and probable causes, as well as the factors the contributors of the transport events, be these incidents or accidents. Research should ensure impartiality, transparency and scientific rigour;
b) Feedback: the constant identification of the deficiencies of the transport system in all its forms, in order to generate a safe, efficient and sustainable transport, must lead to generate the necessary safety studies for to ensure this objective by issuing recommendations to the system to improve operational security;
(c) Integrality: the complete vision of transport safety in all its modes and the implementation of the necessary defences to ensure the proper functioning of all modes of transport;
(d) Technical exclusion: research is limited to the identification of probable causes and contributory factors that give rise to transport events, excluding the determination of administrative, civil or criminal, or the assignment of blame, whose scope belongs to the judicial or administrative investigation, of which it is independent.
Art. 3 °-For the purposes of this law, it is understood by:
(a) Vehicle: a device for the carriage of passengers and/or loads by air, motor, rail, sea, river and lake modes;
b) Research: a process that is carried out with the purpose of preventing future accidents and incidents, including meeting and analysis of information, obtaining conclusions, including the determination of causes and/or factors (a) contributing to the development of the operational security policy;
(c) Causes: those actions, omissions, events, conditions, or their combination, that have been the efficient cause of an accident or incident;
(d) Operational security: a state of operation of a system where the risk of injury to persons or damage to the goods involved and interacting is reduced and maintained at or below an acceptable level by means of a process continuous identification of hazards and risk management;
e) Recommendation on operational safety: proposal based on information obtained from an investigation, formulated with the intention of preventing accidents or incidents from the introduction of improvements in transport systems, and which, in no case, is intended to give rise to a presumption of guilt or liability in respect of an accident or incident;
f) Final report: a document that provides descriptive information about the recommendations and corrective actions aimed at mitigating the risks that led to the occurrence of the incident or accident;
(g) Event to be investigated: aeronautical, automotive, rail, sea, river or lake accident or incident, as appropriate;
(h) Accidents: any sudden, unwanted or intentional occurrence involving a vehicle, or a chain of such events, of harmful consequences to persons, to the vehicle involved or to other goods;
(i) "Incident" means any event related to the use of a vehicle which, without being considered as an accident, affects or may affect the security of transport operations and services, according to the definitions incorporated in the rules and methods recommended internationally;
(j) "serious incident" means any event involving the occurrence of a high probability of an accident occurring.
Accidents are divided into the following categories:
I. aeronautical accident: any event related to the use of an aircraft producing the death or serious injury of a person, damage or structural damage to the aircraft, the disappearance or total inaccessibility of the aircraft; or serious damage to the environment; occurring, in the case of a manned aircraft, within the period between the time a person enters the aircraft, with the intention of carrying out a flight, and the time when all persons have been landed; and, in the case of an unmanned aircraft, within the period between the time of the aircraft is ready to be moved for the purpose of flight and the time at which it is stopped at the end of the flight and its main propulsion system is switched off; according to the scope and exceptions established by the rules and methods recommended by the International Civil Aviation Organization.
II. Motor vehicle accident: any event resulting in the death or serious injury of a person and damage to things or the environment, as a result of a chain of errors of the factors involved in the movement of vehicles, and involving at least one vehicle carrying passengers or loads, on the occasion or on the occasion of the service.
III. Railway accident: any event related to the movement of a railway vehicle resulting in the death or serious injury of a person, serious damage to the rolling stock, to the railway infrastructure or to the environment, the collision, Collision or derailment of rolling stock, or fire or spillage in rolling stock or railway infrastructure.
IV. Maritime, river or lake accident: any event related to the operation of a ship or naval device which produces: the death or serious injury of a person; the loss of a person on board; loss, presumed loss or abandonment of a ship or naval device; serious material damage to a ship or naval device; the stranded or breakdown of a ship or naval device, or the fact that it is involved in an approach; material damage to the maritime infrastructure ship, posing a serious threat to the safety of the ship, another vessel, or a person; or serious for the environment or the possibility of these occurring as a result of damage to a ship or naval device; according to the scope and exceptions established by the standards and methods recommended by the Organization Maritime International.
Transportation Safety Board.
Art. 4 °-Create the Transportation Safety Board, as a decentralized agency in the orbit of the Ministry of Transportation of the Nation, with economic-financial autarquia, legal personality and capacity to act in the field of public and private law.
Art. 5 °-The mission of the Transportation Safety Board is to contribute to transportation safety through accident investigation and the issuance of recommendations, by:
(a) the determination of the causes of accidents and incidents of transport whose technical investigation is to be carried out;
(b) The recommendation for effective action to avoid the occurrence of accidents and incidents of transport in the future.
Art. 6 °-The Transportation Safety Board intervenes in the event of the following events:
(a) aircraft accidents and incidents involving civil aircraft in or over the territory of the Republic of Argentina, its waters and the airspace covered by it;
(b) Motor accidents that need to be investigated according to the criteria that the Board of Safety in Transport should determine in a timely manner, that occur in the territory of the Argentine Republic and affect the automotive transport of jurisdiction national and international;
c) The motor accidents that need to be investigated according to the criteria that the Board of Safety in the Transportation, which occur in the territory of the Republic of Argentina and affect the automotive transport of jurisdiction, should be determined in a timely manner The province or the Autonomous City of Buenos Aires, provided there is an agreement concluded with the provincial state or the Autonomous City of Buenos Aires that establishes it or when the provincial authority or the Autonomous City of Buenos Aires expressly requires;
(d) the railway accidents and incidents that need to be investigated in accordance with the criteria that the Board of Safety in Transport should determine in a timely manner, occurring in the territory of the Republic of Argentina;
(e) maritime, river or lake accidents, the research of which is compulsory in accordance with the criteria of the International Maritime Organisation and which is necessary to investigate in accordance with the criteria to be determined by the International Maritime Organisation; Transportation Safety Board, occurring in seas, rivers, lakes and other waters of the Nation or involving ships or naval vessels flying the flag of Argentina, with the exception of military and police vessels;
(f) Any other event related to the transport of persons or things, when the Transportation Safety Board considers relevant or to require technical assistance due to: its magnitude, institutional gravity, public importance, or to involve problems of a recurring nature or where the determination of their probable causes can help to avoid any dangers.
When the Transportation Safety Board resolves to intervene in the investigation of an event, it may request the National Transportation Regulatory Commission, the National Transit and Road Safety Commission, the Naval Prefecture. Argentina and/or any other competent body, the making available of their professional bodies in order to provide technical collaboration in the ongoing investigation.
Art. 7 °-They are functions of the Transportation Safety Board:
(a) carry out the technical investigation of accidents and incidents of transport occurring in the field of their competence, determining the probable causes of the accidents and incidents investigated;
(b) to notify international and national bodies which correspond to serious accidents and incidents;
c) Approve the partial and final reports of each of the technical investigations of the transport events in charge of the agency, as well as the respective recommendations and any other proposal raised to its consideration by the members of the Board responsible for each of the modes of transport;
d) To recommend to the relevant bodies and/or parties involved in the event the effective actions that prevent the future occurrence of accidents and incidents similar to those investigated. These reports may include an economic analysis of the technologies or practices to be adopted, the availability of the technology in the country and all the information useful for the technical evaluation for its adoption;
(e) Track the effective implementation or implementation of the recommended actions linked to transport safety;
(f) to integrate, when the complexity or particular characteristics of the investigation of an accident so require, the equipment for the investigation of accidents and incidents, with national or international experts;
(g) to publish and disseminate, as a contribution to operational security, the collection of reports and statistics relating to accidents and incidents;
(h) to train personnel in the techniques and procedures for the investigation of accidents and incidents and to promote the conduct of special studies and reports relating to operational safety;
(i) Evaluate and examine the effectiveness of the safeguards or mitigation measures that other bodies apply in relation to issues related to transport safety;
(j) Make public dissemination of safety recommendations and studies linked to safety in the transport that it develops;
(k) conducting independent investigations;
(l) Dictate its rules of procedure and establish the mechanism, the opportunity and the manner in which the occurrence of an aeronautical, automotive, rail, maritime, river or lake accident or incident shall be reported to the board; the procedure to be complied with;
(m) Require the assistance of the public force in the performance of its investigative functions, where appropriate;
(n) exercise the right of direct examination of any element relating to the accident or incident, order reports, inspections, technical analyses and/or conduct interviews with human persons or representatives of legal persons, may require any collaboration it deems necessary for the fulfilment of its research objectives, in coordination with the judicial authorities where necessary.
From the integration of the Transportation Safety Board
Art. 8 °-The Transportation Safety Board is composed of five (5) members appointed by the national executive branch, according to the following detail: one (1) president, with hierarchy of secretary, and four (4) members with equivalent hierarchy national director, responsible for the following modes of transport: air, car, rail and sea, river and lake.
The chairman of the board is the sole responsibility of the government and administration of the agency, limiting the role of the other members to the technical aspects of the investigation of the transport events.
National directors should have a background or technical expertise in air, automotive, rail, maritime, river and lake transport, as appropriate, to ensure their suitability for the exercise of the function.
Functions of the President
Art. 9 °-They are the functions of the president of the Transportation Safety Board:
a) To exercise the representation and management of the Board and to act in its name and representation as an acting and/or defendant. He may acquit positions in judgment and render testimonial by questions relating to his written duties, not being obliged to appear personally.
b) To exercise the government and the administration of the board by subscribing to this end the relevant administrative acts, and to appoint, to hire national or foreign experts, to remove, to sanction and to direct the personnel.
c) Call and chair the meetings of the Board.
Managers of research
Art. 10.-The Transportation Safety Board has:
a) One (1) National Director of Aeronautical Event Research;
b) One (1) National Director of Automotive Event Research;
(c) One (1) National Director of Railway Event Research;
(d) One (1) National Director for Research on Maritime Events, Fluvial and Lacusres.
Each of the directors has exclusive authority to conduct investigations on behalf of the board, in relation to the events related to the mode of transport that it is responsible for to intervene.
Ethics in the exercise of public function
Art. 11. The provisions of Law 25.188 of Ethics of the Civil Service and its amendments and the Code of Ethics of the Civil Service, approved by Decree 41, are applicable to staff and members of the Transportation Safety Board. of 27 January 1999.
Article 12.-Members and staff of the Transportation Safety Board may not:
(a) be directly or indirectly owners, shareholders, directors, officials or partners of transport undertakings or engaged in the insurance of risks associated with the activity of transport;
(b) having an interest in persons, activities and/or businesses linked to the transport, production or distribution of transport equipment or infrastructure, or the insurance of risks associated with the activity of transport;
(c) Maintain links that mean benefits or obligations to entities, bodies, undertakings or any other entity that exercises functions related to the regulation and/or oversight of transportation at national, provincial, and national level; of the Autonomous City of Buenos Aires and/or municipal;
(d) have been convicted of criminal offences or are not authorised for the exercise of public office;
e) Haber has been sanctioned with a guarantee or exoneration by the national state, provincial, of the Autonomous City of Buenos Aires or municipal. The ban ceases when rehabilitation occurs;
(f) Perceiving pre-visions as long as they perform functions. If they exceed the age provided for access to the pension scheme, they may not be incorporated into the stability scheme;
(g) to use the information they obtain as a result of the exercise of the position or function for obtaining particular benefits or for third parties to obtain them.
Article 13.-In addition to the prohibitions described in the previous article, the members of the Transportation Safety Board cannot during their term of office:
(a) to engage in other employment, with the exception of teaching, as long as there is no time incompatibility;
b) Carry out any kind of activity inconsistent with the performance of the obligations of the members in the terms of this law;
(c) to carry out the duties of an official expert or a party in judicial investigations.
Art. 14.-The Transportation Safety Board governs relations with its personnel by law 25.164; the Framework Law on the Regulation of National Public Employment, its amendments and regulations, considering the provisions of Decree 1.067/2017. In addition, account should be taken of the collective labour agreements which have been concluded or are to be concluded with the associations representing their staff in the future.
Article 15.-The resources of the Transportation Safety Board are formed with the following revenue:
(a) the budget items allocated by law;
(b) the funds from services provided to third parties and/or administrative fees;
c) Donations, non-reimbursable contributions and legacies that you receive and accept;
(d) Any other income from the management of the body.
Art. 16.-The Transportation Safety Board is headquartered in the Autonomous City of Buenos Aires.
It should constitute at least one representation or delegation in one locality in the following regions of the country:
a) Northwest Region: integrated by the provinces of Catamarca, Jujuy, La Rioja, Salta, Santiago del Estero and Tucumán;
b) Northeast Region: integrated by the provinces of Chaco, Corrientes, Formosa and Misiones;
c) Cuyo region: integrated by the provinces of Mendoza, San Juan and San Luis;
d) Centro Region: integrated by the provinces of Buenos Aires, Córdoba, Entre Ríos, Santa Fe and the Autonomous City of Buenos Aires;
e) Patagonia Region: integrated by the provinces of Chubut, La Pampa, Neuquén, Río Negro, Santa Cruz and Tierra del Fuego, Antarctica and Islands of the South Atlantic.
From the investigation.
Scope of the intervention
Article 17.-The Transportation Safety Board limits its intervention to the investigation of the causes of the accident or incident in question and the clarification of the circumstances in order to formulate reports and/or recommendations for increase operational security and promote the prevention of accidents.
The results of their investigations do not condition or prejudge any other investigation of an administrative or judicial nature that is appropriate to carry out.
The determination of civil or criminal liability or the allocation of blame to individual persons is prohibited.
Objective of the investigation
Art. 18. The objective of the investigations carried out by the Transportation Safety Board is the prevention of future accidents and incidents of transportation.
Art. 19.-At the end of the preceding article, the use in judicial proceedings of:
(a) the interviews obtained in the course of an investigation;
(b) the tests or tests carried out. However, the Transportation Safety Board may coordinate with the administrative or judicial authority in charge of the relevant investigation when it intends to conduct tests or technical tests.
Art. 20. The final reports of the Transportation Safety Board are not intended to determine the fault or the criminal liability or the civil liability of the accident or incident. They are independent of any other administrative or judicial investigation, not affecting any subjective interest; therefore, they are neither actionable nor passive of impeachment, nor can they be admitted with probative character in process (i)
Reopening of the investigation
Article 21.-Without prejudice to the provisions of the foregoing Article, the reopening of an investigation may be ordered if, upon completion, new evidence or information of relevance is obtained which, at the discretion of its members, may change the conclusions to which it has been reached and/or allow new recommendations to be made.
Art. 22. The personnel in charge of the investigation are authorized to directly require the reports related to the event of the transportation investigated to all national, provincial, or municipal authorities of the Autonomous City of Buenos Aires or municipal. as to any other public or private body or institution. In addition, the staff of the Transportation Safety Board should be allowed to examine the documentation and any background it deems necessary for the purposes of the investigation of the events in the transportation.
Article 23.-The removal or release of the remains or offal of the vehicles and of all that which could have contributed to the production of the accident or incident, can only be carried out after coordination with the personnel in charge of the investigation the Transportation Safety Board.
The authority in charge of the judicial investigation must coordinate its safeguard with the Transportation Safety Board, in order to prevent the location of the fact from being contaminated and/or the remains or offal to be removed or to be modified or removed. evidence or evidence related to the transport event.
Prior to the practice of experts, reconstructions of the event, recognition or other evidentiary measures, the judicial authority must coordinate with the Transportation Safety Board so that suitable personnel can be established at the site and suggest those measures which it considers necessary to prevent the place of the event or the evidence or evidence of the event from being altered and/or contaminated.
Art. 24.-The Transportation Safety Board may draw up action protocols to establish how to preserve the scene of the event, to protect the remains and/or offal and other issues, in order to prevent them from becoming frustrated. investigations.
Art. 25. The removal of the remains or offal of the vehicles may be carried out without the intervention of the personnel responsible for the investigation of the Transportation Safety Board, when necessary to carry out tasks of assistance or rescue of persons or property involved in the event, in order to avoid creating a greater risk and when public safety is endangered or public places or routes of communication need to be cleared urgently.
Study, research and other safety reports
Art. 26.-Regardless of the investigations that are carried out from events in the transport, the Transportation Safety Board can conduct specific studies, investigations and special reports on the safety of the transport.
Art. 27. The public information produced by and held by the Transportation Safety Board is governed by the provisions of Law 27.275 of the right of access to public information.
Art. 28.-The Transportation Safety Board must report its activities, findings and recommendations for each fiscal year to the President of the Nation and the Honorable Congress of the Nation, during the month of March of each calendar year.
Art. 29.-The Transportation Safety Board represents the Argentine Republic in the negotiation with international organizations with competence in the field.
Art. 30. Once the Transportation Safety Board has been established, the functions of the Civil Aviation Accident Investigation Board with their respective competencies, escalations, charges, appointments, personnel and personnel will be transferred to the same. budget appropriations, as well as the administration of the assets concerned to their use.
Art. 31.-The Civil Aviation Accident Investigation Board will develop the general transfer program and its corresponding schedule, which will be approved by the Ministry of Transportation of the Nation.
The holder of the said program must agree with the National Transportation Regulatory Commission, the National Transit and Road Safety Commission and/or any other dependency that, at its discretion, is necessary for compliance with the its functions, the transfer of personnel, the budget and the goods necessary for its normal development, including buildings, means of mobility and instruments of research and analysis.
The transfer of the personnel will be carried out with the express agreement of the workers, which will be granted individually, not being able to establish working conditions to the detriment of the pre-existing ones.
Art. 32.-Authorize the national executive branch to make the necessary budgetary adjustments to comply with this law, during the entry into force of this law.
Art. 33. The national executive branch shall regulate this law within one hundred and eighty (180) days of its publication in the Official Gazette.
Article 34.-Commune to the national executive branch.
GIVEN IN THE ROOM OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE SEVENTEEN DAYS OF JULY OF THE YEAR TWO THOUSAND NINETEEN.
REGISTERED UNDER NO 27514
EMILIO MONZO-FEDERICO PINEDO-Eugenio Inchausti-Juan P. Tunessi
City of Buenos Aires, 27/08/2019
Under the provisions of Article 80 of the National Constitution, I certify that Law No. 27,514 (IF-2019-69744512-APN-DSGA#SLYT) sanctioned by the HONORABLE CONGRESS OF THE NATION on July 17, 2019, has been enacted in fact on the 21st day. of August 2019.
For your publication to the National Directorate of the Official Register, give a copy to the HONORABLE CONGRESS OF THE NATION and, for your knowledge and other effects, refer to the MINISTRY OF TRANSPORT. Compliment, file. Pablo Clusellas
ê 28/08/2019 N ° 63706/19 v. 28/08/2019