Ordinance On The Transmission Of Data On Accidents, Precursors To Accidents And Safety Irregularities, Etc. For Public Transport

Original Language Title: Bekendtgørelse om indberetning af data vedrørende ulykker, forløbere til ulykker og sikkerhedsmæssige uregelmæssigheder m.v. til Trafikstyrelsen

Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=132037

Overview (table of contents) Annex 1 Annex 2 The full text of the Ordinance on the transmission of data on accidents, precursors to accidents and safety irregularities, etc. to Trafikstyrelsen1) under section 21 h, paragraph 1 1. paragraph, section 21 l, paragraph 6, section 21 p, (3), section 22, paragraph 6, and article 26 of the law on rail, see. lovbekendtgørelse nr. 969 of 8. October 2009, 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 reported data on accidents, precursors to accidents and safety irregularities, etc. in the rail sector.
(2). The reports are for use by the Agency's annual reports to the European Railway Agency and the Agency's preventative railway safety work, etc.
(3). The database and the electronic reported information is not available to the public, see. § 5 (2) of the Danish.
§ 2. Railway undertakings, infrastructure managers, heritage railways and vintage train are obliged to report the data as listed in annex 2, section 1 referred to it in the database.
(2). Persons who are employed by railway undertakings and infrastructure managers, and individuals who perform safety-classified functions for railway purposes, can report irregularities to the Traffic Safety Agency regulation. § 6.
§ 3. By accident means an unwanted or unintended sudden event or a specific chain of such events which have harmful consequences. Accidents are divided into the following categories: train crash, derailments, accidents in railway overkørsler, injuries caused by rolling stock in motion, fires in rolling stock and more.
(2). By major accident is any accident, which involved at least one rail vehicle in motion, resulting in at least one killed or seriously injured person, or in the extensive destruction of equipment, tracks or other installations or environment, or extensive disruptions to traffic (in Commission directive 2009/149/EC of 27 november 2009 amending European Parliament and Council Directive 2004/49/EC (railway safety directive) referred to as the serious accident). Accidents in workshops, warehouses and depots are excluded.
(3). By precursors of accidents means rail fracture, heat distortion, signal errors, passing by the stop signal and broken wheels and axles on rolling stock in operation.
(4). By safety irregularities means an event in the rail sector that has not resulted in an accident or precursors to accidents, but that could have been given importance to railway safety, including the risk of personal impact caused by rolling stock in motion, brake technical error, irregularity of railway overkørsel, deformation of the traces, error signalling, profile relationship exclusive personal injury caused by rolling stock in motion, vandalism or otherwise.
Reporting § 4. The transmission of data shall take place no later than the 1. March each year for the previous calendar year, in accordance with article 3. section 2, paragraph 1.
(2). The railway undertakings, infrastructure managers, veteran cars and vintage trains must by transmission of data using the definitions specified in section 3 and Appendix 1.
(3). The transmission of data shall be carried out in accordance with the categories listed in annex 2.
(4). Precursors to accidents, which cause an accident shall be reported both as precursors to accidents and an accident.
§ 5. Reporting under 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). Heritage railways and vintage train can, however, choose to use the form in annex 2 by reporting to the Traffic Agency.
(3). Railway undertakings, infrastructure managers, veteran's and veteran trains alerts must not in addition to the information listed in annex 2, contain personally identifiable information.
§ 6. Persons referred to in article 6. section 2, paragraph 2, by the reporting of irregularities to the Traffic Safety Agency using the form in annex 2, section 1-9.
Criminal provisions § 7. Violation of the provisions of article 4, paragraphs 1 to 3, is 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.
Date of entry into force and transitional provisions § 8. The notice shall enter into force on the 1. January 2011.
(2). Executive Order No. 646 of 25. June 2008 on the transmission of data to the Traffic Agency on accidents, incidents and safety irregularities shall be repealed.
§ 9. As far as reporting the 1. March 2011 for calendar year 2010, the existing rules apply.

The traffic Agency, the 25. May 2010 Carley H/Lise Aaen k annex 1 Definitions for use in reporting of data to the Traffic Agency Accidents – By train crash means train crash, including collisions with obstacles within the loading gauge (collision), head-on collision between two trains or clashes between front and rear end of two trains or a lateral collision between a part of a train and part of another train , or a train in the clash with ranking rolling stock or items which are fixed or temporarily reside on or near the track, with the exception of railway overkørsler, if items are lost by intersecting vehicles or persons.
– At the derailment is any incident where at least one of a train wheel runs off the Rails.
– In the event of accidents in railway accidents in rail overkørsler means overkørsler, involving at least one rail vehicle and one or more intersecting vehicles, other intersecting users, for example. pedestrians, or objects that temporarily reside on or near the track, if they are lost by intersecting vehicles or users.
– By personal injury caused by rolling stock in motion means damage to one or more persons who are either hit by a rail vehicle or of an object which is affixed to or are detached from the vehicle. The definition also includes persons who fall out of rail vehicles, and persons that fall or are hit by loose items during transport in railway vehicles.
– By fire in rolling stock means fires and explosions, including their loads, enroute between departure point and destination, including when they stay at the station of departure, place of destination or in between stop and omran miter.
– By other types of accidents shall mean all other accidents than train crash, derailments, accidents in railway overkørsler, injuries caused by rolling stock in motion, as well as fire in rolling stock.

Major accidents – At extensive destruction of equipment, tracks or other installations or environment means the destruction of at least 1.2 million. us $.
– By extensive disruption of traffic means that rail traffic is set in 6 hours or more on a main banestrækning.

Suicide — by suicide means action by which a person intentionally taking the life of themselves, and recorded as such by the competent authorities.

Dangerous goods – dangerous goods shall mean substances and articles, which must not be transported in accordance with RID, or may only be transported in accordance with conditions laid down in RID.
– In the event of accidents in connection with the transport of dangerous goods means any accident or incident to be reported in accordance with Chapter 1.8.5 of RID/ADR.

Precursors to accidents – At shine bride shall mean any rail which is gone in two or more pieces, or any shine, where you detached a piece of metal, which leaves a gap of more than 50 mm in length and more than 10 mm depth on the running surface.
– By heat distortion means error in trace continuum or – geometry, which, for safety reasons, require immediate closure of the track or the reduction of the permissible speed.
– By signal error is any error in the signal system, either on the infrastructure or rolling stock, resulting in a less restrictive signal than required.
– When passing by stop signal means any situation where any part of the train running longer than allowed.
– By defective wheels and axles means a breach affecting the wheel or shaft main parts, and thus creates the risk of accident in form of a derailment or collision.

Personal injury – By passenger means anyone who makes a trip by rail, exclusive train crews. In accident statistics, this includes people who are trying to climb in or out of a moving train.
– By staff, including contractors staff shall mean any person who is employed in connection with a railway, and which are at work at the time of the accident. The definition includes the train crew and the people who operate the rolling stock and infrastructures.
– By users on rail overkørsler means any person who uses a rail overkørsel to cross the railway by means of a means of transport or by foot.
— By people who wrongly located on railway land means everyone staying on an iron banes area, where it is banned, except users of railway overkørsler.
— By other people understood all that does not fall within the definition of passenger, staff, users of rail overkørsler or people who improperly located on railway land.

Injury type – By killed means a person who is killed on the spot or dying within 30 days as a result of an accident. Suicides are not included.
– By seriously injured person means a person who has been admitted to the hospital for more than 24 hours as a result of an accident. Suicide attempts are not included.
– By easier participates in person shall be taken to mean persons who have sustained damage. Fatalities and serious injuries are not included.

Costs – at the cost of environmental damage means costs to be borne by railway undertakings and infrastructure managers, estimated on the basis of their experience with driving a damaged area back to the State before the railway accident.
– At the cost of material damage to rolling stock or infrastructure means the cost of acquiring new rolling stock or build new infrastructure with the same functionality and technical parameters as it irreparably damaged as well as the cost of transferring rolling stock or infrastructure, which can be repaired, back to the State before the accident. Both shall be prepared by the railway undertakings and infrastructure managers on the basis of their experience. Cost of hiring rolling stock to replace the damaged vehicles are not available, are also covered by this definition.

Rail overkørsler – By railway overkørsel with automatic protection or warning installations on user page means a railway overkørsel, where the protection or warning signal activated by the train approaching.
– By the protection on the ground since means a signal or else driftsikrings system, which allows trains to run forward, if the railway overkørslen is protected on the user page, and there is no one in the process of passing the; the latter shall be checked by means of monitoring or detection of obstacles.
– By railway overkørsel with manually operated protection or warning installations means a railway overkørsel, where protection or warning system is activated manually and is not connected to a railway signal, which only gives the train allowed to drive forward, if protection or warning signal is activated.
– By unsecured rail overkørsel means a railway overkørsel, where there are no activated any kind of warning or protection system, when users can't take advantage of batch job in security.
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Officielle noter
1) Bekendtgørelsen indeholder bestemmelser, der gennemfører dele af Kommissionens direktiv 2009/149/EF af 27. November 2009 amending European Parliament and Council Directive 2004/49/EC as regards the common safety indicators and common methodologies for calculating the cost of accidents, the EUROPEAN UNION official journal 2009, nr. L 313, page 65.