Railway Accidents Personal Injuries To Passengers And Cabin Luggage Loss Approach

Original Language Title: 铁路旅客人身伤害及自带行李损失事故处理办法

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(Released August 1, 2003, the Ministry of railways, the 12th) Chapter I General provisions article I-prompt and impartial handling personal injury and cabin luggage loss accidents, protect legal rights passengers, according to the regulations on the regulation of railway passenger transport damages (function [, 1994]81) and other relevant laws, regulations and measures are formulated. Second approach applies to the national railway and other railways and national railway through transport occurring in the course of business or personal injury and loss of baggage compensation.
    Joint venture railways, local railways and other tube similar accidents in railway transport enterprises deal with these rules shall apply, mutatis mutandis.
    Occurs during shipping without the station agreed to ride without a ticket, and train personnel in the personal injury occurred in the course of transport, its rescue procedure these rules shall apply, mutatis mutandis.
    Personal injury accident article, station, train staff should be in line with the strong sense of responsibility for people's lives and health, in favour of rescue measures to give relief.
    The fourth section after the accident, accident and incident units should be a spirit of pragmatism and principle, and in accordance with the law, active and responsible to handle the accident.
    Chapter II personal injury accident types and rank fifth passenger bodily injury which are divided into three types: (a) injury: injured less seriously injured. (B) injuries: physical disability, good damage, loss of vision, hearing loss and organ function.
    Specific reference to the appraisal standard of body injury issued by the Ministry of Justice.
    (C) death.
    The sixth passenger personal injury accidents are divided into six categories: (a) the minor injury accident: is the only minor injuries there is no serious injury and death accidents.
    (B) serious injuries: refers to a serious injury there is no fatal accidents.
    (C) the General accident: means of accidents resulting in death of 1 to 2 people at a time.
    (D) the major accident: refers to the death of 3 to 9 members.
    (V) casualty accident refers to an accident killed 10 to 29 people.
    (F) the major accident: accident refers to the death of more than 30 people at a time. Chapter field of personal injury accident during the processing of the seventh station or personal injuries to passengers on the train, the conductor or station passenger transport officer (three below the station to station, below) and the public security officers view passengers in passenger attendant shall, together with the degree of injury, take timely rescue measures.
    Injured passengers on the train at the pay station, should inform the station prepared for rescue work.
    Passenger trains or stations when food poisoning three or more, the conductor, Director of the passenger station (webmaster) shall promptly notify the front stops or station health and epidemic prevention departments and public security departments, and site protection.
    Personal injuries to passengers when there should be blocked the scene of the accident, ban has nothing to do with rescue, investigation personnel.
    High numbers of casualties among passengers accident occurred, the station, the trains when necessary, requested local governments to help organize rescue. Article eighth found passengers in car, should immediately stop processing (except when express train does not endanger the safety of trains). Does not have to stop or delay when found, the captain shall notify the nearest station by train Guard sent someone to look for.
    Meanwhile, the conductor should be the front stop sent telegrams, belongs to the accident branch (railway company) and trains served as railway stations and railway authorities report.
    The Nineth personal injuries to passengers when the accident occurred, conductor, Director of station passenger transport shall, jointly with the Railway Police Department to examining the accident scene, checks passenger ticket by the ticket types, ticket number, station, train number, period of validity, and shear conditions; collect not less than two persons traveling or witness testimony and evidence, and protect evidence. Collected the testimony of a witness, and witnesses shall be recorded the name, sex, age, address, contact information, social security number, and so on.
    Testimony, evidence shall be accurate, truthful, and being able to prove how and why the accident happened. Tenth personal injuries to passengers on the train, injured passengers transferred more than three such stations should be (when you stop at an interval for the nearest station), station shall not be rejected. Train station transfer procedures, preparation of passenger records in duplicate (one filed by, a station, bus transfer), together with the tickets and carry-on items list, evidence over.
    Personal injury to passengers is due to fights and other security or criminal cases caused by train marshals should sign the passenger records.
    11th due to special circumstances before written records, the conductor must be assigned to get off and handing over the station, and must be in the 3rd treatment station within pay-related materials.
    When the train for some reason failed to timely transfer of injured passengers and related materials, passenger railway transport enterprises within the statutory time limit, to claim and can prove that the damage occurred during transport, train accident should be in line with the principles of convenience, medical home station or dispatched, arriving transfer passengers, were transferred to the station should be accepted.
    12th article station on this station occurred, and found or train transfer of injured passenger should timely sent near or has treatment conditions of hospital rescue; sent railway hospital Shi can by stamped has station or passenger room seal of passenger records and hospital handle medical procedures; sent place hospital must first paid deposit Shi, available station sums advance; use station sums Shi, fill in or fill fill "transport sums moving support voucher" (fiscal received-29), 5th within by accounting station or car works paragraph financial funding returned.
    Living during the 13th injured passengers hospitalized advances made from the passengers, passengers or their families do have difficulties, treatment station (trainmaster) approval, sums paid until after the accident liability, borne by the responsible or responsible units. 14th in rescuing injured passengers died or in stations, passengers whose body was found, confirmed by the public security organ or the medical sector following the death of station should be temporarily being stored and transferred to the funeral home as soon as possible. The dead tickets, clothing, etc should be kept properly and to inform their families. Such as the identities of the dead, when the address is not clear or the family does not come, or when the death cause of injury deaths required investigation, according to the public security organ to the views of the body of the deceased, do forensic body if necessary.
    Body in principle no more than seven days. Fourth chapter inform the 15th station, train personal injuries to passengers when the accident occurred, immediately to the competent Department and the relevant railway station, railway authorities send a quick report of accident, when conditions permit, shall be used to telephone survey of reported accidents. When major accidents and above should be step by step report to the higher authorities.
    Quick report of accidents include: (a) the type of incident; (b) the date, time, number, (iii) place, station, mileage, (iv) loss of passenger names, gender, nationality, ethnicity, age, occupation, company, address, ticket type, station, ticket number, social security number, (v) profile of accidents and casualties. 16th at the station or line found on the vehicle passengers, the discovery or notice shall promptly inform the train at the station.
    The trains concerned when a notification is received, should immediately investigate, collect evidence, including the testimony of witnesses of materials and goods carried by passengers in accidents within three days and transferred. The fifth chapter working group on accident and personal injury accident during the 17th, it shall establish a working group on accident.
    Accident management working group is composed of the following units and is composed of: (a) the treatment station (Depot) or the competent sector; (b) co-responsibility unit or units and its superior departments; (iii) accident police station and (iv) units or personnel associated with the accident.
    18th incident processing working group typically handled by accident (vehicle depot) webmaster (long) as; when a major accident occurs, where the accident took place long branch is the head of the railway branch; serious and especially serious casualties accidents, head of the railway Bureau in which the accident occurred. 19th article accident processing working group leader units is responsible for following work: (a) handle injured passenger medical matters; (ii) collection accident about information, established files; accident files in the due: passenger records, and witnesses testimony, and tickets, and hospital proved, and site photos or diagram, and search revelation, and police sector site inspection record, and identification conclusion and processing body views,; (three) verified casualties passenger identity, notification casualties passenger family or sent search Revelation; (four) held accident analysis will, analysis accident reasons,
    Accountability unit (v) deal with dead passengers their bodies; (f) consultation with passengers or their heirs, agents handle payment; (g) other matters relating to the accident. 20th after the accident, accident investigation and analysis will be held in a timely manner.
    Railway stations should participate in major accident investigation analysis; railway company should participate in extra, especially major accidents investigation and analysis.
    Investigation and treatment of government safety supervision and management departments should be personal injuries to passengers, in accordance with the relevant provisions of the State. Sixth chapter accidents cost the 21st passenger injuries needed treatment, medical expenses according to the actual needs, with hospital documents, borne by railway transport enterprises, but its usually not exceeding limits of liability.
    Personal injuries to passengers in railway transport enterprises exemption provided by laws and regulations, the medical costs borne by the passenger. Passenger's own responsibility or liability for third parties resulting in personal injury, medical expenses borne by the person responsible.
    When a third person is not clear or cannot afford, the railway transport enterprises after the advance payment, recourse to a third person. 22nd the passenger injured body parts after treatment of immunodeficiency, should be in accordance with the degree of immunodeficiency pay part of the compensation and benefits. Traveler's body portion two or more injured and lost should be added benefit, but cannot exceed the maximum amount of compensation, benefits. Passengers injured after cured inorganic effects, insurance 5%, as appropriate, within the maximum limit of compensation payments.
    Death of the passenger maximum payout limits.
    23rd such as railway transport enterprise shall be able to demonstrate personal injuries to passengers by railway transport enterprises and the common fault of the passenger, there should be a corresponding reduction of railway transportation enterprise's liability.
    24th handling accidents need to happen other costs (such as carcass, autopsy, inquest, notices and other expenditures directly associated with the incident) together with processing fees were charged in the accident and incident report stated. The 25th due to the cause of the accident insurance, compensation, medical costs, other expenses, duty units (when other departments responsible for railway transport enterprises, transfer responsibility units of railway branch), by more than accident Bureau will transfer the costs to units.
    No obligation, go accident units.
    Article 26th accidents involving more than two units, its accident costs shared by the responsible units, sharing ratio by weight of responsibility determined by the Working Group on accident. Chapter seventh accident compensation program 27th compensation for injuries passengers should generally be at end of treatment or body when processing is complete.
    By passengers or their heirs, agents (agent written authorization shall be issued by the principal) proposed "railway passenger personal injury accident compensation claim", and proof of hospital treatment, treatment of point for compensation, the amount of compensation for defined benefit basis. 28th incident processing Working Group received "railway passenger personal injury accident compensation claim" shall, after consultation with passengers or their heirs, representatives as soon as possible to handle compensation. Handling of administrative compensation shall be drawn "railway passenger personal injury accident final agreement", no objection to the content contained in the agreement is signed and sealed "seal" effect.
    Meanwhile, the clauses "railway passenger personal injury accident claim notice", timely compensation, benefits paid to passengers or their heirs, agents. 29th to the responsibility for the accident or the unit transfer, issued by the railway branch of financial sector transfer "notices" (7), together with the "railway passenger personal injury accident final agreement" transferred responsibility for the accident or the unit.
    Liability or receiving transfers "notices" information, cost transfers to the accident should be 10th station more than 10th, each 1st, according to charges payable 0.5% pay a late fee.
    30th case of accident cases, a roll, and by accident treatment station, storage, file retention period of 5 years.
    Eighth chapter responsibilities 31st railway passenger bodily injury liability is divided into passenger's own responsibility for railway transport enterprises, third party liability, liability and other liability.
    Visitors violating the railway safety regulations and does not obey railway staff guidance, to discourage illegal behavior or other causes of damage to itself, which belongs to the passenger's own responsibility.
    Due to staff positions in railway transportation enterprises and facilities causes damage caused to passengers, belongs to the responsibility of railway transport enterprise.
    The passenger railway transport enterprises and persons other than the parties to the damage caused by visitors, is a third-person liability.
    Not the damage caused by the three responsibilities, belonging to other responsibilities. 32nd responsibilities are divided into passenger railway transport enterprise sector responsibility and other responsibilities such as driving.
    Responsibility responsibility responsibility is divided into the station and trains passenger Department. Has following case one of of, belongs to station responsibility: (a) passenger holding votes pit or got off Hou in wicket within for organization improper caused hurt of; (ii) lack Guide logo or about Guide logo not accurate and misleading passenger occurred hurt of; (three) station equipment, and facilities bad caused passenger hurt of; (four) station sales of food caused passenger food poisoning of; (five) for errors sale, and errors cut kept station tickets caused passenger jumped car of; (six) in provides stop ticket Hou continues to ticket release or ticket release time insufficient,
    Passengers take trains on resulting injury; (VII) fire and explosion caused by illegal operation, poor management, passenger injury; (VIII) incident the Group has reason to believe that the responsibility belongs to the station.
    Has following case one of of, belongs to train responsibility: (a) due to door not lock caused passenger jumped car, and pendant car or station within back door got off caused passenger hurt of; (ii) for train staff of fault, led passenger in not handle took drop of station (including interval parking) got off caused personal hurt of; (three) due to organization poor, passenger got off squeeze, and fell caused hurt of; (four) station errors sale, and errors cut tickets, train failed to properly processing caused passenger jumped car hurt of;
    (Five) for train errors station name led passenger errors got off caused hurt of; (six) for train staff of fault caused passenger squeeze injury, and Burns of; (seven) for Diners, and vending sales of food caused passenger food poisoning of; (eight) for illegal operation, and management poor caused fire, and explosion, occurred passenger hurt of; (nine) for train equipment bad caused passenger personal hurt of; (ten) accident processing working group has reason think belongs to train responsibility of.
    Handling working group believes that when two or more units are responsible, may be the responsibility of two or more units.
    Other responsibilities: other departments responsible for railway transport enterprises of passenger injury.
    33rd responsibility when there is a dispute about the accident, incident processing working group reports, the accident will be investigated case files, opinions and other information on accident and incident units common superior passenger transport authority or its authorised passenger Department ruling.
    Article 34th found the characterization is not accurate, does not meet the requirements, the superior passenger transport authorities can be ordered to review or correct.
    35th disposed of after the accident, incident processing working group shall issue a "notice of passenger liability personal injury accident" send a responsible unit and copied to know their superior passenger transport authorities. Nineth investigation reports and statistics of the 36th treatment station (train service Depot) in 3rd after handling the accident report to the branch passenger transport authorities. General Casualty accident and above after the accident occurred and step by step submission to superior passenger transport authorities "investigation and handling of accidents".
    Major casualties and above signed views of railway passenger transport by the railway authorities.
    The railway company of the 37th before 10th of each month last month, on January 10 of each year annual Council in handling personal injury accidents fill "passenger statistics personal injury accidents" reported to the Ministry of railways.
    Tenth chapter passenger cabin luggage loss article 38th passenger cabin luggage due to fault in railway transport enterprises losses, liability of railway transport enterprises, but the compensation not exceeding the indemnity provisions of the State Council.
    39th passenger railway transport enterprise currency, gold, silver, jewelry, securities, or other valuables are lost, damaged, not liable. 40th passenger cabin luggage loss compensation, by the passenger or his heirs, agent to the railway transportation enterprise may confirm the evidence presented.
    When using "railway passenger personal injury accident final agreement", signed by the Parties closed.
    11th chapter supplementary articles article 41st railway company on the premise of not violating these rules may make supplementary provisions depending on the circumstances, supplementary regulations shall be reported to the Ministry of railways for the record. 42nd these measures come into force on September 1, 2003.
    Issued by the Ministry of railway passenger personal injury and loss of baggage handling policy (rail [1995]52) repealed simultaneously. 43rd article explains these measures by the Ministry of railways.

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