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The Law On Road And Mountain Road Accident Investigation

Original Language Title: Laki tie- ja maastoliikenneonnettomuuksien tutkinnasta

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Law on the investigation of road and road accidents

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In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1 (20.5.2010)
Scope of law

This law is applicable to the investigation of road and air traffic accidents to increase road safety.

This law shall not apply to investigations where the Safety Investigation Authority has decided (25/2011) The initiation of an investigation. The investigation initiated under this Act shall then be suspended. Where a traffic accident within the meaning of this Act is investigated in accordance with the safety investigation law, the information of the investigation shall also be available to the investigation system under this Act.

ARTICLE 2
Content of the investigation

The investigation will investigate the traffic accident, risk factors, consequences and circumstances in order to identify the causes of the accident and prevent future accidents.

On the basis of the investigation, the necessary proposals for road safety measures are taken.

ARTICLE 3
Examinate organisation

For the purposes of this law, the Ministry of Transport and Communications has set up an investigation by the Ministry of Transport and Communications, as well as the necessary number of panels.

The Transport Insurance Centre shall ensure the maintenance of the investigation of road accidents, general organisation, planning and training, as laid down in more detail by the Government Decree.

The Advisory Board and the investigating boards operate within the framework of the Motor Insurance Centre.

Chapter 2

Advisory Board for the Investigation of Road Accidents and Investigation Commission

§ 4
Advisory Board for the investigation of road accidents

The Advisory Board for the Investigation of Road Accidents is the body involved in the activities of the parties involved in the investigation. To this end, the Advisory Board:

(1) deciding on the guidelines and objectives of the investigation of road accidents;

2) to submit a proposal to the Ministry of Transport and Communications as an action plan for the next year's road accident investigation;

(3) oversee the implementation of the action plan; and

(4) adopt the Rules of Procedure concerning the detailed organisation of the investigation of road accidents and the tasks of the persons involved.

The other tasks of the Advisory Board are laid down in greater detail by a decree of the Government.

The Advisory Board is represented by the Ministry of Transport and Communications, the Ministry of the Interior, the Ministry of Social Affairs and Health, the Ministry of Justice, the Ministry of Education, the Transport Agency, the Traffic Safety Agency and the Transport Insurance Centre. The decree of the Council of State provides for other bodies represented in the negotiating body. The Advisory Board may invite experts. (22/12/98)

The Ministry of Transport and Communications shall set the Advisory Board for a period of three years at a time and shall appoint its members and each of the parties involved in the activities of the individual alternate. Members shall be appointed one chair and one Vice-President.

The Chairman shall convene the Advisory Board. A quorum shall exist when, in addition to the chairman, at least half of the other members are present.

§ 5
Researcher board

Investigatory panels shall be carried out by accident investigations within the meaning of this Act. The Board of Investigators shall have a chairperson, a Vice-President and a sufficient number of members who shall be required to represent adequate expertise in the investigation of road accidents. In carrying out independent investigations, research panels are independent of the independence and impartiality of the investigation.

The Advisory Board shall be set by the Advisory Board for a five-year period and shall determine their respective areas of activity. At the same time, the Advisory Board appoints the members of the panel and appoints one of them.

The temporary replenishment of the Board of Investigators and the investigation of the expert's use, as well as the composition of the examination board and the conduct of the investigation, are laid down by a decree of the Council of Ministers.

ARTICLE 6
Accessibility

A member and expert of the Board of Investigators shall be prevented from:

(1) if he or his immediate family has suffered damage in the case of a road accident under investigation or his immediate family has been killed;

(2) where he or his immediate family may be held liable for the accident or damage caused by the accident;

(3) where the investigation or its results are likely to benefit or harm him or his immediate family; or

(4) if the confidence in his impartiality in the investigation of any other specific reason is compromised.

For the purposes of this law, "close-up" means: (598/1982) § 10 The persons referred to in paragraph 2. The effects of the barriers shall apply mutatis mutandis, Article 11 of the administrative procedure; Provides for.

The members of the Advisory Board and the expert shall be subject to administrative law.

Administrative procedure L 598/1982 Has been repealed by the Administrative L 434/2003 .

Chapter 3

Investigation

§ 7
Cooperation

The investigation shall be carried out in cooperation with the police involved in the investigation or investigation of the cause of death to the extent appropriate to the investigation of the accident.

§ 8
Safeguarding conditions of investigation

The members of the investigating committee and the other persons involved in the investigation referred to in Article 5 shall have the right to enter and carry out investigations.

The investigating committee is entitled to assistance from the police in order to isolate the accident site.

§ 9
Documents and articles

The Board of Investigators shall have the right to inspect objects and to examine any other documents relating to the authority's documents and to the road and vehicles likely to be relevant to the investigation.

The examination board may conduct tests on the items to be inspected and remove parts of the articles and take samples, when it is necessary for the purposes of the investigation.

ARTICLE 10
Right to information

Without prejudice to the confidentiality of information, the Board of Investigators shall have the right of access to public authorities, institutions or other public tasks:

(1) information on the health status of the person involved in the accident, which may have a material impact on the causes of the accident; and

2) other information necessary for the submission of the investigation.

The Scientific Committee shall also be entitled to the information referred to in paragraph 1 (1) from the private health and medical community, or from the function unit or health care professional.

ARTICLE 11
Investigation report

An investigation report shall be drawn up. The report contains a description of the accident, the factors leading to the accident and the consequences of the accident, as well as the recommendations of the Committee of Inquiry into safety measures.

Investigators may submit initiatives to the authorities in order to respond to recommendations as safety measures. The Advisory Board may also decide on the conclusion of such proposals.

The Transport Insurance Centre shall file the investigative reports and the related documents.

Chapter 4

Registration of accident data

ARTICLE 12
Traffic accident data register

For the purposes of road safety research and other activities to promote road safety, the Road Safety Agency shall keep the accident data register.

ARTICLE 13
Accident data register data

In addition to the identity of the person, the accident data register shall include the information deemed necessary for the accident investigation concerning:

(1) the health of the person;

(2) Law on the information system on road transport (19/1989) Of which traffic offences are intended;

(3) other information received under Article 10; and

(4) information related to the accident otherwise received.

The accident data register shall be obtained without prejudice to data confidentiality, to disclose information for use in scientific and statistical research and to the authorities for use in road safety work.

The register shall be deleted from the register ten years after the end of the year in which the investigation report has been issued.

L on the road transport information system 819/1989 Has been repealed by L on the vehicle registration register 541/2003 .

Chapter 5

Outstanding provisions

ARTICLE 14
Civil liability

In the performance of their duties under this Act, the members and experts of the Board of Investigators and the Advisory Board, as well as the staff member of the Transport Insurance Centre, shall be subject to the provisions of criminal law.

§ 15
Professional secrecy

The data contained in the investigation shall be subject to the specific nature of the confidentiality of the data.

The penalty for breach of professional secrecy is punishable under criminal law. (39/1889) Under Article 1 or 2, unless the act is punishable Article 5 of Chapter 40 of the Penal Code Or otherwise, the law provides for a heavier penalty.

ARTICLE 16
Funding, supervision and strengthening of the action plan

Transport insurance may be used to cover the costs of the investigation of road accidents. (279/1959) Article 18a Funds collected for the purpose of promoting road safety pursuant to paragraph 1.

Other funds allocated to this purpose may also be used to finance the activities.

The Ministry of Transport and Communications monitors traffic accident investigations and confirms the action plan for road accident investigation.

§ 17
Compensation

For the damage caused by the measures referred to in Article 9 (2), full compensation shall be paid out of the funds referred to in Article 16 (1) and (2).

ARTICLE 18
More detailed provisions

The Decree of the Council of State lays down the general criteria for remuneration and remuneration for the work of the Committee of Inquiry.

More detailed provisions on the implementation of this law will be adopted by the Government Decree.

§ 19
Entry into force

This Act shall enter into force on 1 October 2001.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 145/2000 , 10/2000, EV 158/2000

Entry into force and application of amending acts:

22.12.2009/1298:

This Act shall enter into force on 1 January 2010.

Before the law enters into force, action can be taken to enforce the law.

THEY 208/2009 , No 23/2009, EV 203/2009

20 MAY 2011/532:

This Act shall enter into force on 1 June 2011.

THEY 204/2010 , HaVM 40/2010, EV 366/2010