Posted the: 2014-06-03 Numac: 2014014243 FEDERAL PUBLIC SERVICE mobility and transport March 26, 2014. -Law on the safe operation of the museums rail lines (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: title 1. -Provisions General Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
2. this Act regulates all of the requirements for the safe operation of railways museums.
This Act does not apply to rolling stock: 1 ° that operates exclusively on the sections of the museum railway routes which are temporarily closed to normal traffic due to maintenance, renewal or redevelopment of the museum railway line;
2 ° used for manoeuvring purposes on a deposit or a workshop course.
3. for the purposes of this Act, means: 1 ° "equipment": equipment which is used on the infrastructure of the museum railway line;
2 ° "Minister": the Minister who has the regulation of rail transport in his or her attributions;
3 ° "Museum railway line": railway line turned off, but not dismantled railway infrastructure, including the owner or the holder of a right in rem on this railway line agrees to direct it to a nature tourism, heritage or Museum;
4 ° "operator of the museum railway line": the legal person or physical person who operates a railway museum;
5 ° "candidate-operator": the legal person or physical person who wants to operate a railway museum;
6 ° "exploitation": the management and utilization of the Railway Museum for tourist railway traffic;
7 ° "equipment expert": the natural person or legal person with professional experience of at least five years in terms of the technique of railway rolling.
Natural persons have acquired this experience at a railway undertaking, a manufacturer of railway equipment or maintenance of rail equipment provider;
8 ° "expert infrastructure": the railway infrastructure manager, referred to in the rail Code;
9 ° "the museum railway infrastructure": the museum railway line and installations, works of art and dependencies in the service of the operation of the museum railway line.
The structures include including all bridges and works in the basement from a diameter of 1.5 m;
10 ° 'safety authority': the authority responsible for the safety of railway-related tasks, referred to in the rail Code and its execution decrees.
11 ° "investigative body": the body responsible for conducting investigations into accidents and incidents referred to in the rail Code and its execution decrees.
12 ° "accident": serious accident, referred to in the rail Code and its execution decrees.
13 ° "reference rate": the maximum speed that is allowed on the sections of the museum railway line routes.
TITLE 2. -Operation of the museums rail lines Chapter 1. -Authorization to operate s.
4. in order to operate a museum railway, operator of the museum railway line features an operating permit, issued by the security authority.
Paragraph 1 shall not apply: 1 ° to carry out the tests with material on the museum railway infrastructure;
2 ° to testing procedures for the safety management system;
3 ° to the realization of journeys due to maintenance, management or the renewal of the museum railway infrastructure.
It is forbidden to carry passengers during the movement referred to in paragraph 2.
S. 5. prior to the introduction of the written request in order to obtain an operating licence, specified below in section 6, the candidate-operator load: 1 ° an expert infrastructure technical visits tracks and level crossings, as well as works of art;
2 ° a hardware expert to carry out a technical inspection of the equipment.
The infrastructure expert and the material expert shall record their findings of the technical inspection referred to in paragraph 1 in a written report.
The King determines the royalty of the intervention of the infrastructure expert.
S. 6. the candidate-operator address its application for an operating permit to the safety authority in writing, no later than three months before the operation envisaged Museum railway line.
S. 7. the application referred to in article 6 shall be accompanied by the technical file, which contains at least the following information: 1 ° data identification and full contact details of the candidate-operator, accompanied by any document relevant concerning the form of its organization, as, for example, the statutes and the organizational structure;
2 ° the precise geographical location of the museum railway line data;
3 ° the indicative description of the proposed activity, including periods and frequency of use;
4 ° the description of the candidate-operator equipment, including the demonstration of its compatibility with the infrastructure of the museum railway line;
5 ° the infrastructure expert and the material expert, reports referred to in article 5, paragraph 2;
6 ° the description of the safety management system, which contains the elements listed in the annex.
S. 8. the safety authority checks and communicate as quickly as possible, and no later than two months after receipt of the application and the file is annexed to the candidate-operator if the file meets the safety provisions referred to in Chapter 2.
If the record is not complete or if necessary, the safety authority asked the candidate-operator for missing parts or additional information. The period of two months referred to in paragraph 1 shall be suspended until the date of receipt of the information requested.
S. 9 when the folder meets the safety provisions referred to in Chapter 2, the safety authority issues the operating licence.
S. 10. the candidate-operator or the holder of the permit shall inform without delay the safety authority any substantial changes occurred after the introduction of the authorization for operation or during the operation of the Railway Museum, by report: 1 ° to the safety provisions referred to in Chapter 2.
2 ° to the infrastructure of the Railway Museum, the equipment or operating procedures.
Means "substantial modification", any improvement, renovation or important modification which changes the technical or functional opportunities of exploitation characteristics.
S. 11. the operating licence is valid for ten years and may be renewed at the request of the operator of the museum railway line.
In the event of renewal, the operating licence holder submits, three months before the expiry of the period of validity referred to in paragraph 1, the documents referred to in article 7, the safety authority, to a new scan and review.
The safety authority may claim any additional information it deems useful.
S. 12. the safety authority may require that the operating licence be revised partly or entirely, when: 1 ° a situation has arisen or may arise that affect the safe operation of the Railway Museum;
2 ° the security provisions Chapter 2 change substantially;
3 ° the museum railway infrastructure, equipment or operating procedures change substantially.
13. the operating licence may be suspended or withdrawn partially or entirely by the safety authority, where: 1 ° a situation has been created which compromise the safe operation of the Railway Museum;
2 ° the holder no longer meets the conditions to obtain the operating licence or does not;
3 ° the holder of the permit is not used during the year following the issuance, or two consecutive tourist seasons.
CHAPTER 2. -Safety Section 1 provisions.
-Security article management system 14. the safety management system guarantees the control of all risks arising from the operation of the Railway Museum and describes the measures to be taken in the event disturbed or disrupted rail traffic.
The safety management system contains the elements described in annex.
S. 15 the museum railway operator sends to the safety authority, before 1 February of each year, a report on the situation of safe operation during the year previous calendar.
This security report contains information on the functioning and monitoring of the safety management system.
The King may determine a model for the safety report referred to in paragraph 1, and determine additional content items.
Section 2. -Obligations concerning the operation of museums railway lines art. 16. the operator of the museum railway adopted operating rules and operates the Railway Museum in accordance with these, as well as with the security management system and with the provisions of security relating to infrastructure, equipment and security staff, determined by the King.
S. 17. the reference speed of rail traffic on a museum railway line is 50 kilometres per hour.
The museum railway operator shall immediately inform the investigative body of the occurrence of a serious accident in the manner determined by the latter.
The museum railway line operator also notifies the Minister, the security authority and the judicial authorities of the occurrence of a serious accident.
S. 19 § 1. Each serious accident subject to an account, a copy is sent by the operator of the railway museum within three working days to the investigative body, according to the rules laid down by the latter.
Corrections, revisions, and/or additional information not available within three days, will be provided to the investigating authority, according to the rules laid down by the latter, as soon as they are available.
The King may determine the information contained in the record.
§ 2. After a serious accident has occurred, the museum railway operator transmits as soon as possible its full investigation report to the investigative body.
TITLE 3. -Liability and insurance art. 20. the liability of the operator of the museum railway is regulated by common law and specific regulations on the transport of persons.
S. 21. an operator of the museum railway line shall ensure sufficient against all risks arising from the operation of the museum railway line.
TITLE 4. -Missions and powers of the Authority's security articles 22. the tasks of the safety authority are, inter alia, the following: 1 ° the issuance, renewal, amendment, suspension and withdrawal of the operating licence;
2 ° control of compliance of the operation of the railway museum with the safety provisions referred to under 2.
23. the safety authority may take all necessary measures to enforce safety provisions, including the prohibition to drive or staff to use the equipment or the infrastructure of the museum railway line in pursuance of its tasks referred to in article 22.
The safety authority officers have, under the control of the compliance with this Act and its implementing orders, the same powers as those provided for in article 213 of the rail Code.
24. the safety authority carries out its tasks in an open, non-discriminatory and transparent way.
It gives all parties the opportunity to be heard and motivates its decisions.
S. 25. the possession of agents the safety authority is brought to the knowledge of third parties by a legitimation card, which the King fixed the template.
TITLE 5. -Investigations rail accidents art. 26. the investigative body is conducting a survey after each serious accident on the museum railway line.
S. 27. without prejudice to the competences of police services and judicial authorities and, where appropriate, in collaboration with these bodies, the investigative body has as soon as possible: 1 ° access to the accident site serious, involved equipment and infrastructure of the Railway Museum;
2 ° the right to immediately obtain an inventory of the evidence and to ensure the removal controlled wrecks, installations or components for examination or analysis purposes;
3 ° access to the contents of the recorders verbal messages and records of on-board equipment, and registration of the operation of the system of signalling and traffic control, as well as the possibility to use it;
4 ° access to the results of examination of the bodies of the victims.
5 ° access to the results of examination of shipboard personnel and other members of the railway staff involved in the accident;
6 ° the opportunity to question the railway staff involved and other witnesses, and the right to obtain a copy statements that these people have made to other authorities;
7 ° access to any information or relevant documents held by the operator of the museum railway line.
S. 28 possession of the quality of investigator, associate investigator, Member of the investigative body or expert mandated by the investigative body, is brought to the knowledge of third parties by a legitimation card which the King fixed the template.
S. 29. in their movements on the ground: 1 ° the investigators are obliged to identify themselves immediately to the local officer;
2 ° investigators to comply with the rules concerning the safety of work which are included in the internal rules of the museum railway operator, and which have been communicated to them.
S. 30. the objects that are crucial to the investigation and which are kept by investigators: 1 ° are marked, labelled and enclosed in a sealed package, so that the people who collected them can later recognize them with certainty.
2 ° are required at the disposal of persons who carry out instruction, information or investigation.
S. 31 once the investigation completed, objects are stored at the location designated by the investigative body.
The shelf life is three years if objects relate to an accident people and three months in the other cases. This period begins at the end of the investigation.
The expiry of the period referred to in paragraph 2, the proceeding designated storage place decides if the holder may dispose of objects, unless otherwise decided by the judicial authorities.
S. 32. where it appears from the indices compiled by the investigative body that the cause of the accident could be an offence, the investigating authority notify immediately police services and judicial authorities.
33. the survey is conducted to allow all parties to be heard and respect for the rights of the persons concerned.
S. 34. for each accident referred to in article 26, the investigative body takes the necessary arrangements. He particularly appealed to the operational and technical skills necessary to conduct the investigation. These skills can be approached within the body of inquiry or outside, depending on the nature of the accident or incident.
S. 35. the investigative body finds its reviews on the site of the accident as soon as possible, in order to allow the operator to the Railway Museum to hand over the State line and reopen as soon as possible.
S. 36. the investigation is performed independently of any judicial investigation or information and can in no way be aimed at determination of fault or liability.
S. 37. every investigation of a serious accident is the subject of a report.
This report is published as soon as possible.
The report referred to in paragraph 1 States the objective of the survey and contains, where appropriate, safety recommendations.
The recommendations in any way constitute a presumption of fault or responsibility.
38. the operator of the Railway Museum makes every effort to collaborate spontaneously and fully in the determination of the causes of the accident.
It shall refrain from any measure that is not previously concerted with the investigative body and is likely to delay or undermine the determination of the causes of the accident.
It is forbidden to the operator of the Railway Museum to move initiative an element having suffered or caused an accident, except the cases of necessity when, for example, a rescue or a removal of barriers to traffic heading 6. -Final and entry provisions into force s. 39. the Act applies no later than twelve months after its entry into force to rail museums are already in operation.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on March 26, 2014.
PHILIPPE by the King: the Minister of the Interior, Ms. J. MILQUET the Secretary of State for mobility, M. WATHELET Scellé of the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2012-2013.
House of representatives.
Documents. -Bill, 53-3037 - No. 1. -Amendment 53-3037 - No. 2. -Report, 53-3037 - No. 3. -Text adopted in plenary meeting and forwarded to the Senate, 53-3037 - No. 4.
Compte rendu intégral. -12 and 13 February 2014.
Not mentioned project.
Annex to the safe operation of railways Museums Act of March 26, 2014 1 safety management system. Requirements for the safety management system all headings of the safety management system are documented.
The system described in particular how responsibilities within the Organization of the museum railway operator are distributed.
It shows how the operation of the museum railway is controlled on the different levels, how staff and their representatives are involved in the operation, and how the security management system is continuously improved.
2. the elements of the safety management system the basic elements of the safety management system are: a) a security policy, which is approved by the head of the operator of the Railway Museum and communicated to staff;
(b) an enumeration of all security features that will be exercised;
(c) a description of the tasks performed by staff security and the manner in which security personnel is trained and followed;
(d) plans and procedures for maintaining and increasing the security, including the provisions for periodic internal monitoring;
e) security documents which
are put at the disposal of staff security;
f) equipment that the museum railway operator makes available to train and accompanists for train drivers, to ensure reciprocal internal communication in normal and abnormal condition;
(g) if the museum railway line uses a system of signalling and traffic control, the regulation that describes the use, maintenance and procedures of this system;
h) procedures which shall ensure that accidents and incidents are reviewed and that necessary preventive measures are taken;
i) plans of action, alert and emergency contact information and, if applicable, how it collaborates with public authorities;
(j) the provisions for the periodic internal controls over the security management system);
k) the provisions to allow, if necessary, the occasional use of material that is not included in the file of the application of the operating licence.
Seen to be annexed to the legislation relating to the safe operation of the museums rail lines.
PHILIPPE by the King: the Minister of the Interior, Ms. J. MILQUET the Secretary of State for mobility, M. WATHELET