Amend The Railway Act 1957 And The Accident Investigation Act

Original Language Title: Änderung des Eisenbahngesetzes 1957 und des Unfalluntersuchungsgesetzes

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89. Federal Act to amend the Railway Act 1957 and the Accident Investigation Act

The National Council has decided:

Article 1

Amendment of the Railway Act 1957

The Railways Act 1957, BGBl. No 60/1957, as last amended by the Federal Law BGBl. I n ° 96/2013 and the BGBl demonstration. I n ° 205/2013, shall be amended as follows:

(1) In § 37a, paragraphs 5 and 6 are given the name "(6)" and "(7)" ; the following paragraph 5 is inserted:

" (5) The Federal Minister of Transport, Innovation and Technology may request a review by the railway undertaking if an amendment to the legislation directly applicable to a substantial change in the requirements of the Ensuring safety, as they exist for the operation of rail vehicles, and the traffic on main and networked secondary railways. The inspection by the railway undertaking shall be based on whether the arrangements adopted and approved in accordance with paragraph 1 continue to be appropriate. The Federal Minister of Transport, Innovation and Technology has to set a reasonable time limit for the railway transport company to review its nature and scope. The railway undertaking shall inform the Federal Minister of Transport, Innovation and Technology of the outcome of his inspection. If the adequacy of the arrangements is no longer appropriate, the railway undertaking shall make appropriate arrangements and submit it for approval to the Federal Minister for Transport, Innovation and Technology. "

2. The following paragraph 3 is added to § 38a:

" (3) The Authority may require a review by the railway infrastructure undertaking if a change in directly applicable legislation leads to a substantial change in the requirements to ensure safety, such as: for the operation of main and cross-linked trams, including the operation of rail vehicles on such railways required for the operation of such railways. The Authority shall set an appropriate time limit for the railway infrastructure undertaking to review its nature and extent. The review by the railway infrastructure undertaking shall be based on whether the arrangements which it has established pursuant to paragraph 1 continue to be appropriate. The railway infrastructure undertaking shall inform the Authority of the outcome of its review. If the adequacy of the arrangements is no longer appropriate, the railway infrastructure undertaking shall make appropriate arrangements and shall demonstrate to the Authority. "

3. In accordance with § 41, the following § 41a and heading is inserted:

" Decision duty

§ 41a. The Authority shall decide on the following applications without any unnecessary delay, but no later than four months after the existence of all the information requested and relevant for decision-making:

1.

Applications for the granting of an operating licence for railway installations, modified railway installations, non-stationary railway installations, or modified non-stationary railway installations of such railways, to which the 8. if a sub-system of a structural type or the modification of a structural part of a structural type is affected;

2.

Applications for operating licences for rail vehicles or changed rail vehicles, to which the 8. if a sub-system of a structural type or the modification of a structural part of a structural type is affected;

3.

Applications for authorisation in accordance with § 37a;

4.

applications for the issue of a safety certificate-Part A, a new safety certificate-Part A, a safety certificate-Part B or a new safety certificate-Part B;

5.

Applications for the issuing of a security permit or a new safety authorisation. "

4. § 170 Z 4 and 5 reads:

" 4.

Directive 2008 /57/EC on the interoperability of the rail system in the Community, OJ L 136, 31.7.2008, p. No. OJ L 191 of 18.07.2008, p. 01, as last amended by Directive 2014 /38/EU, OJ L 158, 30.4.2014, p. No. OJ L 70, 11.03.2014 p. 20;

5.

Directive 2004 /49/EC on safety on the Community's railways and amending Council Directive 95 /18/EC on the licensing of railway undertakings and Directive 2001 /14/EC on the allocation of infrastructure capacity of railway undertakings Rail, the levying of charges for the use of railway infrastructure and the safety certificate, OJ L 327, 28.4.2002, p. No. OJ L 164 of 30.04.2004 p. 44, as last amended by Directive 2014 /88/EU, OJ L 164, 30.4.2014, p. No. OJ L 201 of 10.07.2014 p. 9; "

Article 2

Amendment of the Accident Investigation Act

Federal law on the independent safety investigation of accidents and incidents (Accident Investigation Act-UUG 2005), BGBl. I n ° 123/2005, as last amended by the Federal Law BGBl. I n ° 40/2012, shall be amended as follows:

1. § 5 (2) reads:

" (2) As an accident in the rail sector, any unintentional or unintentional sudden event or a particular chain of such events, which have harmful consequences, shall be considered to be an accident in the categories of:

1.

collisions,

2.

Derailments,

3.

Accidents at railway crossings,

4.

Accidents involving personal injury caused by rolling stock in motion,

5.

Fires and other accidents

"

2. § 9 para. 2 reads:

" (2) In any case, serious accidents should be investigated. In addition, a safety investigation of incidents that are not serious accidents is to be carried out whenever it is to be expected that a safety investigation will bring new findings in order to avoid future incidents. In the rail sector, in the decision to initiate a safety investigation of incidents for which there is no obligation to investigate, in addition to the seriousness of the incident, account must be taken of the fact that:

1.

the question of whether the incident belongs to a series of incidents that are significant for the entire system,

2.

the impact of the incident on rail safety at Community level; and

3.

requests from infrastructure managers, railway undertakings, the safety authority or other Member States of the European Union. "

Section 14 (1) reads as follows:

" (1) With a preliminary investigation report, which, while respecting the anonymity of the persons involved in the incident, contains information within the meaning of Article 15 (2), all parties involved in the incident, in particular the manufacturers of the incident involved in the incident, are involved in the incident. vehicles, the railway undertakings concerned, the cableway undertakings concerned, the shipping companies concerned, the vehicle holders concerned, the representatives of the staff, the drivers of the vehicles involved in the incident, and the competent authorities to provide the competent authorities with an opportunity to submit the preliminary report To obtain information and to make a written statement on the facts and conclusions relevant to the incident. In the rail sector concerned infrastructure managers and railway undertakings concerned, representatives of staff and users, the safety authority, victims and their relatives, owners of damaged property, manufacturers and the parties concerned shall be: inform the rescue services on a regular basis of the investigation and its course and should also be given the opportunity to obtain knowledge of the preliminary investigation report and the facts relevant to the incident; and To submit conclusions in writing. The opportunity to become aware of the preliminary investigation report may also be granted in electronic form. "

4. § 16 (2) and (3) are:

" (2) A safety recommendation shall be issued without further delay irrespective of the state of the safety investigation procedure if it is necessary for the prevention of future incidents of the same or the similar cause.

(3) Safety recommendations shall be addressed to the safety authority and to those bodies which can implement the safety recommendation in appropriate measures for the prevention of incidents. Safety recommendations shall be sent with the written letter and shall, as far as possible, ensure that the addressees can be shown to be able to reach them. The addressee of a security recommendation shall confirm receipt of the delivery letter. In the rail sector, the safety authority and other authorities or bodies and, where appropriate, other Member States of the European Union to which a safety recommendation is addressed shall inform the Commission at least annually of the Federal Security Office of the Federal Government on the measures taken or planned in response to a security recommendation. "

5. In § 21 (2), after the expression "14 (1)" the phrase "first and second sentence" inserted.

6. Before the section heading " Final provisions " the section label will be " Section 5 " changed.

Section 26, together with the headline:

" Implementation of European Union legal acts

§ 26. With this federal law,

1.

Directive 2004 /49/EC on rail safety in the Community and amending Council Directive 95 /18/EC on the licensing of railway undertakings and Directive 2001 /14/EC on the allocation of Railway infrastructure capacity, the leviation of charges for the use of railway infrastructure and the safety certificate, OJ C 327, 30.4.2004, p. No. OJ L 164 of 30.04.2004 p. 44, as last amended by Directive 2014 /88/EU, OJ L 164, 30.4.2014, p. No. OJ L 201 of 10.07.2014 p. 9,

2.

Directive 2009 /18/EC laying down the principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999 /35/EC and Directive 2002/59/EC of the European Parliament and of the Council, OJ L 134, 30.4.2009, p. No. OJ L 131, 28.05.2009 p. 114,

3. rules for the implementation of Regulation (EU) No 996/2010. "

Fischer

Faymann