Ordinance On The Transmission Of Data To The Traffic Agency On Accidents, Incidents And Safety Irregularities

Original Language Title: Bekendtgørelse om indberetning af data til Trafikstyrelsen vedrørende ulykker, hændelser og sikkerhedsmæssige uregelmæssigheder

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=120420

Overview (table of contents) Annex 1 Annex 2 Annex 3 Annex 4 The full text of the Ordinance on the transmission of data to the Traffic Agency on accidents, incidents and safety irregularities under section 21 h, section 21 l, paragraph 6, section 21 p, (3) and section 22, paragraph 6, of the law on rail, see. lovbekendtgørelse nr. 567 of 9. June 2008, be determined in accordance with the authority of the Secretary of State pursuant to section 24 (a): scope and definitions article 1. Public transport operates and maintains a database on railway undertakings and infrastructure managers ' reports of accidents, incidents and safety irregularities in the rail sector for use by Agency's preventive rail security work, etc.
(2). Railway undertakings and infrastructure managers are obliged to report accidents, incidents and safety irregularities, as companies have been implicated in in the rail sector, to the database referred to in paragraph 1.
(3). Companies that do not operate commercial railway operation but carries a limited passenger rail historical and touristic purposes (heritage railways), are obliged to report accidents, incidents and safety irregularities, the companies have been implicated in in the rail sector, to the database referred to in paragraph 1.
(4). Persons employed in the railway undertakings and infrastructure managers can report irregularities to the Traffic Safety Agency.
(5). Persons who carry out security classified functions in the rail sector, and who are not employed by railway undertakings and infrastructure managers may also report any irregularities to the Traffic Safety Agency.
§ 2. The database and the electronic reported information is not available to the public, see. § 5 (2) of the Danish.
§ 3. The railway undertaking shall mean any public or private undertaking the principal activity of which consists in the carriage of goods or passengers by rail, and which is obliged to ensure for traction, including businesses, which only provides for traction.
(2). By railway infrastructure manager shall mean any public or private undertaking whose main activity is the operation of the railway infrastructure with related regulatory and security systems as well as the allocation of infrastructure capacity.
(3). By accident means an unwanted or unintended sudden event or a specific chain of such events which have harmful consequences. Please refer also to annex 1.
(4). At the event for the purposes of any other occurrence other than an accident, associated with the railway operation, 1) which affect the safety of railway operations. Please refer also to annex 1.
(5). By safety irregularities means an event in the rail sector that has not resulted in an accident or incident but that could have been given importance to railway safety. Please refer also to annex 1.
Reporting § 4. Railway undertakings, infrastructure managers and heritage railways shall, not later than 1 January 2006. March each year to report accidents, incidents and safety irregularities to the Traffic Agency for the previous calendar year, in accordance with article 3. section 1, paragraphs 2 and 3.
(2). The alert must be classified into the categories referred to in annex 1 of the Executive order and reported accordingly.
§ 5. Transmission of data within the meaning of section 4 must be done electronically. Notification shall be effected by either filling out an electronic copy of the Traffic Safety Agency's database or by transferring the data from the company's own database in a format similar to the Traffic Agency's database.
(2). As regards the requirements for the information that companies must specify for each accident, incident or to impair their irregularity, reference is made to annex 2.
(3). Corporate reports may not be in addition to the information listed in annex 2, contain personally identifiable information.
(4). Traffic Agency will draw up a guide for the detailed procedures for the reporting, including information about the database format, etc.
(5). Heritage railways can also use the form in annex 4, which can be found on the Traffic Administration website.
§ 6. Persons referred to in article 6. section 1, paragraphs 4 and 5, when reporting irregularities to the Traffic Safety Agency by using the form in annex 3. The form is available at the Traffic Agency's website and can be submitted to the Traffic Agency either electronically or by regular mail.
Punishment and the entry into force of § 7. Violation of the provision in section 4, paragraph 1, are punishable by a fine.
(2). That can be imposed on companies, etc. (legal persons) criminal liability according to the rules laid down in the Penal Code Chapter 5.
§ 8. The notice shall enter into force on the 1. July 2008. As far as reporting the 1. March 2009, this is based on the period from the 1. July to the 31. December 2008.
(2). At the same time repealed section 10 (3) of Decree No. 1169 of 29. December 1999, so that the alert for calendar year 2008 must take place no later than the 1. March 2009 and be based on the rules in § 10 (3) of Decree No. 1169 of 29. for the period from 1 December 1999. January 2008 to 30 April 2009. June 2008.
(3). § 10 (1) of Decree No. 1169 of 29. December 1999 is hereby repealed on 31 December. December 2008. This provision shall, however, continue to apply to the rail infrastructure managers until 31 March 2006. December 2009.

Transport Agency for rail and Ferries, the 25. June 2008 Carsten Falk Hansen/Leif Funch Annex 1 Categories of accidents and incidents and irregularities reported to the Traffic Safety Agency.







 


Accidents: – Collision, 1) including collision with objects – Derailment – Accidents in jernbaneoverkørsler2) – Personskade3) caused by rolling stock in motion, (accidents in railway overkørsler and suicide are not included) – suicide and suicide attempts –


Brand i rullende materiel (eksklusivt hærværk)






Ulykker med farligt gods (indberettes i overensstemmelse med definitionen i RID)






Andet



 


Hændelser:






Skinnebrud






Solkurver






Signalfejl, der kan henføres til tekniske forhold



– Signalforbikørsel – Broken wheels and axles on rolling stock – Incidents involving dangerous goods (to be reported in accordance with the RID) Safety irregularities: – risk of personal impact caused by rolling stock in motion (suicide attempts are not included) – Brake technical errors



– irregularity of railway overkørsel-Deformation of the tracks – error signaling, not technical matters – profile conditions (excluding personal injury caused by rolling stock in motion) –



Vandalism – Other Accidents must be registered under the primary accident category, even though the consequences of a secondary accident are more extensive, as. a fire followed by a derailment.



 


All events and safety irregularities must be reported. This includes both those that result in an accident, and those which do not result in an accident. A precursor to an accident are recorded as follows during the aforesaid categories of incidents or security related irregularities, and the resulting accident is registered during the aforementioned accident categories.



 



1) see clash of European Parliament and Council Directive 2004/49/EC of 29 April 2004. April 2004 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 railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification, as implemented by Decree No. 38 of 23. January 2006 (railway safety directive).

2) see railway crossing of the railway safety directive 3) see person accidents in the railway safety directive Annex 2 Information on accidents and incidents and safety irregularities are reported to the Traffic Agency, shall include the following: 1. Name at involved railway undertakings or infrastructure managers 2.


The date of the accident, incident or the safety irregularity 3.


The time of the accident, incident or the safety irregularity 4.


Instead, including circumstances of importance for the event 5.


Drive (train running or rank) 6.


Trafiktype



7.


Involved trains, including the train number and) (* 8.


Accident, incident or safety irregularities listed by category (annex 1.)



9.


Hændelsesbeskrivelse**



10.


Consequences of the accident, (damage to persons, economic costs) *** 11.


Causes of the accident or incident 12.


The company's recommendation for improvements as a result of accident or incident * Information transmitted in so far as it is relevant to the individual accident, incident or safety irregularities.
** The description must contain only the information required and no direct personally identifiable information such as names, social security numbers etc.
Report information only in the event of accidents Annex 3 Annex 4 Official notes 1) see train operation in European Parliament and Council Directive 2004/49/EC of 29 April 2004. April 2004 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 railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification, as implemented by Decree No. 38 of 23. January 2006 (railway safety directive).