Railway Emergency Rescue, Investigation And Handling Of Accidents Regulations (Amended In 2012)

Original Language Title: 铁路交通事故应急救援和调查处理条例(2012年修正本)

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  (June 27, 2007 182th Executive meeting of the State Council on July 11, 2007 People's Republic of China promulgated by Decree No. 501, released on November 9, 2012 People's Republic of China promulgated by Decree No. 628, promulgated by the State Council as of January 1, 2013 modifying and abolishing some administrative rules and decision amended) Chapter I General provisions

First in order to strengthen railway transportation accident emergency rescue work, regulate railway traffic accident investigates the processing, reducing casualties and property losses, railway safety and the smooth flow of transport, under the People's Republic of China Railway Act and other relevant provisions of the law, this Ordinance is enacted.

A second railway rolling stock in the availability and pedestrians, motor vehicles, non-motor vehicle collision, livestock and other obstacles, conflict or railway rolling stock, derailment, fire and explosion effects normal traffic of the railway railway accident (hereinafter referred to as accidents) emergency rescue, investigation and handling, this Regulation shall apply.

Article III competent Department under the State Council should strengthen railway transportation safety supervision and management, establish and improve emergency rescue, investigation and handling of the system permissions according to state regulations and procedures, responsible for organizing, directing, coordinating the emergency rescue, investigation and handling of accidents.

IV railway authorities shall strengthen the daily railway transportation safety supervision and inspection, instruction and supervision to railway transport enterprise implementing the provisions of the emergency, in accordance with the limits of authority and procedures, organization, participation and coordination in areas under their jurisdiction the accident emergency rescue and investigation work.

Fifth State Council relevant departments and relevant local people's Government shall, in accordance with their respective responsibilities and Division of labour, organized, participated in the emergency rescue, investigation and handling of accidents.

Article in railway transportation enterprises and other relevant units and individuals shall comply with the provisions of the railway transportation safety management to prevent and avoid accidents.

After the accident, railway transport enterprises and other units should be timely, accurate reporting of accidents, and actively carry out emergency rescue work, reducing casualties and property losses, and normal traffic of the railway as soon as possible.

Seventh no unit or individual shall interfere with or obstruct emergency rescue, a railway line was opened, trains and accident investigations.

Chapter II accident

Article eighth accident resulted in casualties and direct economic losses, the number of train derailment case, interrupted railway traffic time, accident classification is divided into major accidents, fatal accidents, large accidents and accidents in General.

Nineth under any of the following circumstances, for particularly serious accidents:

(A) caused the death of more than 30 people, or more than 100 seriously wounded (including acute industrial poisoning, the same below), or more than 100 million yuan of direct economic losses;

(B) the busy main line passenger train derailed over 18 and interrupted railway traffic for more than 48 hours;

(C) the busy main line freight train derailed more than 60 cars and interrupted railway traffic for more than 48 hours.

Article tenth of the following circumstances, for major accidents:

(A) caused the death of more than 10 people under 30, or 100 people seriously injured more than 50 people, or more than 100 million yuan of direct economic loss of 50 million Yuan;

(B) passenger train derailed over 18;

(C) freight train derailed more than 60 cars;

(D) passenger train derailed more than 2 18 below, and interrupt the busy trunk line railway for more than 24 hours or interrupt other lines of railway traffic for more than 48 hours;

(E) freight train derailed more than 6, 60, and interrupt the busy trunk line railway for more than 24 hours or interrupt other lines of railway traffic for more than 48 hours.

11th under any of the following circumstances, for larger accidents:

(A) more than 3 people below 10 deaths, or more than 10 less than 50 people injured, or 10 million Yuan and 50 million yuan of direct economic losses;

(B) passenger train derailment 2 per cent below the age of 18;

(C) freight train derailment of up to 6 units 60;

(D) the interrupt busy trunk line railway for more than 6 hours;

(E) the interrupted railway traffic more than 10 hours of other lines.

12th killing 3 people killed, or less than 10 serious injuries, or 10 million yuan of direct economic losses for General accident.

Except as provided in the preceding paragraph, a competent Department under the State Council for General supplementary provisions to the other circumstances of the accident.

13th referred to in this chapter shall be "above" include the number, called "the following" not including the number itself.

Chapter reports Article 14th after the accident, the scene of the accident in railway transport enterprises staff or other personnel shall immediately report to the nearby railway station, the train dispatcher or a public security organ.

Units and personnel after receiving the report, shall immediately report accidents accident railway authorities.

15th railway accidents reported to the authorities, you should verify the information as soon as possible, and to report immediately to the competent Department under the State Council; the particularly serious accidents, fatal accidents, railway departments under the State Council shall immediately report and inform the State production safety supervision and administration departments of the State Council.

Particularly serious accidents, fatal accidents, major accidents or casualties of the accident, railway authorities shall also be informed of local people's Governments at or above the county level where the accident occurred and the production safety supervision and management departments.

16th accident report should include the following:

(A) the time and place of the accident, interval (line, kilometers, meters), accident-related units and personnel;

(B) the type of train accidents, train, position, length, number of locomotive models, traction, tonnage;

(C) the carriage of passengers or goods, loading conditions;

(D) casualties, rolling stock, track facilities, roads, vehicle damage, impact on the railway;

(E) preliminary judge the causes of the accident;

(F) measures taken after the accident and accident control;

(G) specific aid requests.

New developments after reports of the accident shall promptly remedy.

17th State railway authorities, railway authorities and railway transport enterprise shall report the matter to the public duty phone, receive accident reports and reporting.

Fourth chapter of emergency management

Article 18th after the accident, the train operator or train guard should immediately stop taking emergency measures; could not be disposed of, shall immediately report to the nearby railway station, the train dispatcher to be disposed.

To ensure passenger safety or due to any special transportation needs should not be parked, can not stop, however, train drivers or train guard should immediately report accidents near the railway station, the train dispatcher, adjacent to a railway station, train dispatchers received reports should be disposed of immediately.

19th accident interrupted railway traffic, railway transport enterprise shall immediately organize the repair, line the road as soon as possible, if necessary, adjustment of railway transport dispatch Department transportation route and reduce accidents.

Article 20th after the accident, railway departments of the State Council, railway administration and the accident occurred above the county level people's Governments or railway transport enterprise shall be based on the accident starts the appropriate contingency plans, if necessary, set up emergency rescue organization. 21st field emergency relief agency according to the actual needs of emergency rescue work, you can borrow the units and individuals of facilities, equipment and other materials.

Loan unit after use should be returned promptly, and paying the appropriate fee; losses caused, he shall compensate.

The units and individuals concerned should actively support and coordinate relief efforts.

22nd accident caused heavy casualties or need to evacuate, placed along the railway passengers and residents, the accident local people's Governments at or above the county level shall organize a rescue, placement and transfer work.

23rd State railway authorities and railway regulatory agency or local people's Governments at or above the county level where the accident occurred according to the actual needs of the rescue, you can request the local military, the armed police force involved in the rescue. 24th units and individuals should be properly protected accident scene and related evidence, and in accident investigation unit set up to hand over relevant evidence after the accident investigation team.

Accident relief, railway normal traffic needed to change the scene of the accident as soon as possible, it should be marked, draw diagrams, producing audiovisual material, and make a written record.

No unit or individual may disrupt the scene of the accident, or forge, conceal or destroy evidence.

25th accident deaths after the bodies of persons identified by the statutory bodies, shall promptly notify the family members of the deceased to reclaim their inability to locate the families of the deceased, in accordance with the relevant provisions of the State.

The fifth chapter investigation and handling of accidents

26th Special major accidents by the State Council or sectoral organizations authorized by the State Council investigation team to investigate the accident.

Major accident accident investigation team organized by the competent Department under the State Council to investigate.

Larger accidents and General accident organized by the railway authorities of the accident accident investigation team investigated state railways authority deems it necessary, may appoint an accident investigation team to investigate the large and General accidents. According to the specific circumstances of accidents, accident investigation group composed of Governments, police, work safety supervision and management departments and supervisory organs and other units send people, and people's procuratorates should be invited to send participants.

Accident investigation team considers it necessary, you can employ experts in accident investigation.

27th accident investigation group should be carried out in accordance with the relevant provisions of the State investigation and accident investigation team following the investigation period to organizations of the organ or the railway accident investigation reports management bodies:

(A) in special accident investigation for a period of 60 days;

(B) the major accident investigation deadline is 30th;

(C) the larger investigation of a case of term for 20th;

(D) the General accident investigation deadline is 10th.

Accident investigation period counted from the date of the accident. 28th investigation and handling of accidents, technical delegate relevant bodies identified or of railway equipment, facilities and other property damage and interrupted railway traffic caused a direct economic loss assessment, accident investigation group shall entrust a qualified institutions established by the State technical appraisal or evaluation.

Time required for technical appraisement or assessment not included in the investigation period. 29th after an accident report forms, accident investigation team reported to the organization or the railway administration, accident investigation work group will come to an end.
Organizational accident investigation group of the organ or the railway authorities shall from the date of accident investigation group working to finish 15th, according to the accident report, certificate of production accidents.

Certificate of accident accident compensation, accident management and accident responsibility basis.

Responsibility of 30th accidents and relevant personnel should learn from accidents, implementation of preventive and corrective measures to prevent accidents from happening again.

Competent Department under the State Council, railway administration and other relevant administrative authorities should be responsible for the accident and associated personnel supervise and inspect the implementation of preventive and corrective measures.

31st incident handling, apart from the outside should be kept confidential, it should be by the accident investigation team of the organization or the railway authorities to the public.

Chapter Sixth accident compensation

Article 32nd accident resulting in personal injury, railway transport enterprise shall be liable, but personal injury is caused by force majeure or victims themselves, does not assume liability for railway transport enterprises.

Violation through the grade crossing or crosswalk, or walk, sit or lie on a railway track causing personal injury, belonging to the victim's own causing personal injury.

Article 34th accidents in railway transport enterprises carriage of goods, parcels or luggage losses, railway transport enterprise shall be in accordance with the People's Republic of China Railway Act liability.

Subject to this Ordinance, 33rd, 34th, 35th article provides, other personal injury or property damage caused by accidents, in accordance with the relevant provisions of laws and administrative regulations of the State compensation.

Article 36th accident accident compensation dispute by the parties, can be solved through consultation, organization or request accident investigation authorities or railway organizations of mediation, may also directly bring a civil action.

The seventh chapter legal liability

37th railway transport enterprises and their employees violate the provisions of laws and administrative regulations, the cause of the accident shall be formulated by the competent department or railway authority shall be subject to administrative liability.

38th article violation this Ordinance of provides, railway transport enterprise and workers not immediately organization rescue, or late reported, and omitted, and concealed, and lied about accident of, on units, by State railway competent sector or railway management institutions at 100,000 yuan above 500,000 yuan following of fine; on personal, by State railway competent sector or railway management institutions at 4000 Yuan above 20,000 yuan following of fine; belongs to national staff of, law give disposition; constitute crime of, law held criminal.

39th in violation of the provisions of this Ordinance, railway departments of the State Council, railway administration and other administrative authorities are not immediately activate emergency response plans, or late, and false negatives, false claim and skimming incidents to the direct responsible person in charge and other direct liable persons shall be given sanctions constitutes a crime, criminal responsibility shall be investigated according to law. 40th article violation this Ordinance of provides, interference, and hinder accident rescue, and railway line opened, and train run and accident survey processing of, on units, by State railway competent sector or railway management institutions at 40,000 yuan above 200,000 yuan following of fine; on personal, by State railway competent sector or railway management institutions at 2000 Yuan above 10,000 yuan following of fine; plot serious of, on units, by State railway competent sector or railway management institutions at 200,000 yuan above 1 million Yuan following of fine

And for individuals, shall be formulated by the competent department or the railway authorities of between 50,000 yuan and 10,000 yuan fine belongs to the agents of the State, shall be given sanctions; activities contravening public security management by the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.

The eighth chapter by-laws 41st article this regulation come into force on September 1, 2007. Approval of the State Council on July 16, 1979, publication of the trains and other vehicles colliding and railway road, interim provisions on the handling of casualty accidents and August 13, 1994, the State Council approved the publication of the railway passenger transport damages provisions of the repealed simultaneously.

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