Amend The Railway Act 1957 And The Accident Investigation Act

Original Language Title: Änderung des Eisenbahngesetzes 1957 und des Unfalluntersuchungsgesetzes

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_I_89/BGBLA_2014_I_89.html

89. Federal law that modifies the Railway Act 1957 and the accident investigation Act

The National Council has decided:

Article 1

Amendment to the Railway Act of 1957

The Railway Act 1957, Federal Law Gazette No. 60/1957, as last amended by the Federal Act Federal Law Gazette I no. 96/2013 and the by-laws Federal Law Gazette I no. 205/2013, is amended as follows:

1 in § 37a para 5 and 6 receive the designation (6) and (7); the following paragraph 5 is inserted:

"(5) the Federal Minister for transport, innovation and technology a review may require the railway company, if a change in directly applicable legislation leads to a substantial change of the requirements to ensure of the safety, for the operation of rail vehicles on how they and the traffic on main and networked branch lines exist." The review by the railway undertaking has to set, if they're still suitable measures taken and approved measures referred to in paragraph 1. The Federal Minister for transport, innovation and technology has put one of its kind and period appropriate to its range the railway undertakings to validation. The railway company has the Federal Minister of transport, innovation and technology to communicate the outcome of its review. The suitability of accommodation is no longer available, has the railway companies to take appropriate measures and to submit the Federal Minister for transport, innovation and technology for approval."

2. § 38a the following paragraph 3 is added:

"(3) the authority may require a review by the railway infrastructure companies, if a change in directly applicable legislation leads to a significant modification of the requirements to ensure of the safety, as they are made for the operation of main and networked branch lines, including necessary to the operation of such railways operation of rail vehicles on such railways. The authority has to put one of its kind and period appropriate to its range the railway infrastructure company for review. The review by the railway infrastructure companies has to establish whether the measures proven by him in accordance with paragraph 1 are still suitable. The rail infrastructure company has to notify the authority of the result of his review. The suitability of accommodation is no longer available, has the rail infrastructure company to take appropriate action and to demonstrate the authority."

3. According to article 41, the following paragraph 41a and heading shall be inserted:

"Decision required

section 41a. The authority has on the following resolutions without undue delay, but not later than four months after all requested and decision-relevant information to decide: 1 modified applications for an operating permit for railroad, railroad, non-fixed railway equipment or modified non-fixed railway technical facilities of railways, on which the 8 part to apply is if a structural subsystem or the change of a structural nature subsystem is concerned;

2. applications for an operating permit for rolling stock or modified railway vehicles, on which the 8 part is to apply and if a structural subsystem or the change of a structural nature subsystem is concerned;

3. applications for a licence pursuant to § 37a;

4. applications to issue a safety certificate - part A, a new safety certification - part A, a safety certificate - part B or a new safety certification - part B;

5. applications for exhibition a security approval or a new security."

4. paragraph 170 Nos. 4 and 5: "4. Directive 2008/57/EC on the interoperability of the rail system within the community, OJ No. L 191 of July 18, 2008 p. 01, as last amended by the directive of 2014/38/EC, OJ No. L 70 of the 11.03.2014 p. 20;

5. Directive 2004/49/EC on rail safety in the community and amending Directive 95/18/EC of the Council on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity, the levying of charges for the use of railway infrastructure and safety certification, OJ No. L 164 of 30.04.2004 p. 44, as last amended by the directive of 2014/88/EC, OJ "No. L 201 of the 10.07.2014 S. 9;"

Article 2

Amendment of the accident investigation Act

The Federal Act on the independent safety investigation of accidents and incidents (accident investigation law - UUG 2005), Federal Law Gazette I no. 123/2005, as last amended by Federal Law Gazette I no. 40/2012, is amended as follows:

1. paragraph 5 paragraph 2:

"Is any unwanted or unintended sudden event or a specific chain of such events which have harmful consequences; (2) an accident in the area of rail Accidents are classified 3. accidents on level crossings, 4. accidents involving personal injury caused by moving vehicles, 5. fires and other accidents in the categories 1 collisions, 2nd derailment,."

2. paragraph 9 paragraph 2:

"(2) serious accidents must be investigated anyway. In addition is always perform a safety investigation of incidents that are not accidents, if you expect that a safety investigation brings new findings to prevent future incidents. In the area of rail is when deciding on the introduction of a safety investigation of incidents for which no investigation is compulsory, to take into account, in addition to the severity of the incident 1.
              "the question of whether the incident is a significant system-wide series of incidents, 2. the impact of the incident on the railway safety on community level and 3 requests from infrastructure managers, railway undertakings, the safety authority or other Member States of the European Union."

3. paragraph 14 paragraph 1:

"(1) a preliminary investigation report, which contains information within the meaning of § 15 para 2, while preserving the anonymity of the persons involved in the incident is all those involved in the incident, in particular the manufacturers of the vehicles involved in the incident, the railway companies concerned, the affected cable car company, the shipping companies concerned to provide the affected vehicle owners, staff representatives, the rulers of the vehicles involved in the incident and the competent authorities" , to gain knowledge of the preliminary investigation report and to comment in writing on the facts relevant to the incident and conclusions. In the area of rail are concerned infrastructure managers and affected railway undertakings to inform representatives of staff and users, the safety authority, victims and their relatives, owners of damaged property, manufacturers, as well as the participating emergency services regularly about the investigation and their history and also to give them the opportunity to gain knowledge of the preliminary investigation report and to comment in writing on the facts relevant to the incident and conclusions. The opportunity to become aware of the preliminary investigation report may be granted also in electronic form."

4. § 16 par. 2 and 3 are:

"(2) a safety recommendation is to publish regardless of the State of play of the safety investigation without further delay if this is necessary to prevent future incidents on the same or similar occasion.

(3) safety recommendations can be addressed, which can translate into appropriate measures for the prevention of incidents the Security Advisory to the safety authority and in those places. Safety recommendations are dated letter to send and it is doing as much as possible to ensure that the addressee be demonstrably achieved. The addressee of a safety recommendation has to confirm the receipt of the submission letter. Inform the safety authority and other authorities or bodies, as well as, where appropriate, other Member States of the European Union in the field of rail, addressed to a safety recommendation is the safety investigation authority of the Federal Government on the measures taken or planned in response to a security recommendation, at least a year."

5. in article 21, paragraph 2, the phrase "first and second sentences" is inserted after the expression "14 para 1".

6. before the section heading "Final provisions", the section name to "article 5" is changed.

7 section 26 is together with the heading:

"Implementation of legal acts of the European Union

section 26. With this federal law, Directive 2004/49/EC on rail safety in the community and amending Directive 95/18/EC of the Council on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity, the levying of charges for the use of railway infrastructure and safety certification, OJ are 1, No. L 164 of 30.04.2004 p. 44, as last amended by the directive of 2014/88/EC, OJ No. L 201 of the 10.07.2014 implemented p. 9, 2.

Directive 2009/18/EC laying down the principles governing the investigation of accidents in the maritime transport and amending of Directive 1999/35/EC of the Council and Directive 2002/59/EC of the European Parliament and of the Council OJ No. L 131 of May 28, 2009 pp. 114, implemented as well as rules for the implementation of the Regulation (EU) No. 996/2010 adopted 3."

Fischer

Faymann