Amendments To The Cabinet Of Ministers On 6 October 1998, The Regulations No. 393 "rail Traffic Accident Investigation Procedures"

Original Language Title: Grozījumi Ministru kabineta 1998.gada 6.oktobra noteikumos Nr.393 "Dzelzceļa satiksmes negadījumu izmeklēšanas kārtība"

Read the untranslated law here: https://www.vestnesis.lv/ta/id/155426

Cabinet of Ministers Regulations No. 223 in Riga in 2007 (March 27. No 21 41) amendments to the Cabinet of Ministers on 6 October 1998, the regulations No. 393 "rail traffic accident investigation order" Issued in accordance with article 40 of the law of the railway's second draw of the Cabinet of Ministers on 6 October 1998, the regulations No. 393 "rail traffic accident investigation procedures" (Latvian journal, 1998, 289; 2002, no. 86 no) the following amendments: 1. Replace the words "in the text of the provisions of the railway technical inspection" (fold) with the words "the national railway technical inspection" (fold). 2. Make the second sentence of paragraph 1 in the following wording: "the rules do not apply to employment in the accident investigations and records, as well as on the territory of Latvia in the railway accident investigation involving third-country trains, the investigation procedure shall be determined by international law concerning international carriage by rail. Railway accidents suffered by workers, investigates according to the legislation on accidents at work investigation. " 3. Put 2 third sentence of the paragraph by the following: "the investigation is carried out independently of the law enforcement authorities in the investigation, no personal guilt and responsibilities." 4. paragraph 3 shall be expressed by the following: "3. on the basis of the results of the investigation, the carrier or the possessor of the rolling stock (hereinafter referred to as the carrier), the infrastructure manager or the railway, or the carrier, together with the rail infrastructure managers plan and make arrangements for similar rail accidents." 5. Make paragraph 5 by the following: "5. the railway accident: 5.1 to crash; 5.2. the heavy rail crash; 5.3. violation of traffic safety; 5.4. accidents that hurt people. " 6. Express 6.1. subparagraph by the following: "6.1. the serious personal injury of at least one person;". 7. Supplement with 6.1 and 6.2 point as follows: "Heavy rail crash of 6.1 is a railway rolling stock collision with another railway rolling stock or similar tracks, which led to the following consequences: 6.11. died in at least one man; 6.12. suffered moderate physical injury, at least five people; 6.13. damage to rolling stock, railway infrastructure or the environment, at least two million euros by Latvian Bank official foreign currency exchange rate on the day on which the railway accident. 6.2 heavy rail crash is also a crash that has obvious negative impact on railway safety regulation or the management of safety. " 8. Replace paragraph 7.1. number "6." with the figures and word "6, 6.1 or 6.2". 9. Express 7.8. subparagraph by the following: "7.8. axis, virsatsper of the trolley frame, wheelset axle beams, neck or fracture of the wheel or the railway rolling stock in the Central beams rupture;". 10. Amend paragraph 7.14. the words "or of railway rolling stock in the Central beams". 11. Replace the words in paragraph 7.15. "loco" with the words "traction". 12. Supplement with 7.25. subparagraph by the following: ' 7.25. technical reasons caused fire in railway rolling stock. " 13. To supplement the provisions under 7.1 points as follows: "If the rail traffic 7.1 case is vitiated by several violations of road safety, rail accidents classified according to the original traffic security breach." 14. Add to paragraph 9.4., after the word "accident" with the words "or heavy rail crash". 15. To supplement the provisions of point 9.5. by the following: "9.5. Aviation accident and incident investigation Bureau (hereinafter referred to as the investigating authority)." 16. Make the following paragraph 11: "11." heavy rail crash and the crash (accident) investigates the investigating authority. According to the nature of the emergency, the investigation may invite competent experts, who are not employees of the investigating authorities. " 17. Supplement with 11.1, 11.2, 11.3, 11.4, 11.5, 11.6 and 11.7 points as follows: "the institution of an emergency Investigation 11.1 investigation be invited to participate in another Member State of the European Union institutions, representatives of the investigation, if the carrier is involved in an accident, registered and licensed in the Member State concerned. 11.2 If it is not possible to determine in which Member State of the European Union, the crash took place, or where the crash took place on the Republic of Latvia and other Member State of the European Union robežbūv or its immediate vicinity, the investigating institution with the relevant Member State of the European Union investigation authority shall agree which of them will carry out the investigation, or to carry out the investigation, agreed. If it is agreed that the crash examined by the relevant Member State of the European Union investigation authority, the investigating authority may participate in accident investigations and make full use of its results. 11.3 after receipt of the report on the crash investigation body shall promptly launched its investigation. Seven days after the initiation of the investigation, the investigating authority shall inform the European Railway Agency, the national railway technical inspection, railway police, rail traffic accidents involving the railway infrastructure managers and operators. Information indicating the crash date, time and location, the type of emergency and the consequences-and the number of victims of victims, as well as the extent of the damage. 11.4 the investigative body in the course of the investigation of the crash on a regular basis, inform the railway technical inspection, railway traffic accidents involving the railway infrastructure manager, carrier, the victims and their relatives, owners of damaged property, manufacturers, the emergency services personnel and representatives of users and, as far as possible, give them the opportunity to give their opinion and investigation, as well as comments on the review of the information provided in the projects. 11.5 the investigative body may ask for another investigation of the Member States of the European Union or of the European Railway Agency assistance to get expert opinions or carry out technical inspections, analyses, or evaluations. 11.6 the investigation directed by the investigating authority of the Director (hereinafter referred to as the head of the investigation). The head of the rail accident investigation investigations, designate a responsible investigators responsible for organizing investigations, conduct and control. 11.7 investigation institutions may decide that rule 5.3 and 5.4. rail referred to traffic accidents, as well as with other train movements linked to the investigation of the accident, if they have an adverse effect on safety. These rules are applied in the investigation of a crash investigation. If the railway accident investigation launched this rule 12, 13 or 14, the Commission referred its investigation and decision by the investigating authorities, the rail accident investigation authorities take over the investigation and the Commission terminated its activities. " 18. Make 12, 13 and 14 by the following: "12. This provision is referred to in 8.2 accidents and safety violations for which carrier (except this rule 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 7.7, 7.8 and 7.9. referred to traffic safety violations) investigates of the rail infrastructure and carrier jointly set up by the Commission. The Commission shall consist of at least two railway infrastructure manager representatives and at least two of the carrier's representatives. The President of the Inquiry Commission's rail infrastructure manager's representative. 13. The road safety offences, with which the carrier is not related, and this provision is referred to in 8.1 accident investigated by the railway infrastructure manager, created the Commission. The Commission shall consist of at least three members of the Commission. 14. This rule 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 7.7, 7.8 and 7.9. referred to traffic safety violations investigated by the railway technical inspection, the railway infrastructure manager, created the Commission. The President of the Commission is the State railway technical inspection agent. " 19. Add to paragraph 15, after the word "violations" with the words "investigation body or". 20. Replace the introductory paragraph of paragraph 16, the words "of the rail infrastructure and carrier created the Commission" with the words "the investigating authority or the Commission '. 21. Add to subparagraph 16.1. beyond words "ātrummērītāj tapes" with the words "voice recording devices, signalling and traffic management system registration content of equipment". 22. Add to 16.6. section behind the words "railway expert" with the words "and other witnesses". 23. the supplement to chapter IV 17.1 17.2 and 17.3 points, as follows: "17.1 responsible investigator has the following rights: 17.11. to decide matters related to the investigation methodology and practice; 17.12. give orders and instructions to the members of the investigation; 17.13. make recommendations on urgent measures for the movement of rail transport the need to improve if they found the investigation; 17.14. to organize the necessary tests and studies; 17.15. involve the investigation of relevant experts, to request and receive from legal and physical persons the information necessary for the investigation, and documents; 17.16. suspended from participation in the investigation of persons who committed offences of these rules or which systematically ignores the orders of the head of the investigation; 17.17. require that foreign professionals and experts participating in the investigation, provide all the information in their possession related to the investigation; 17.18. to provide information on the progress of the investigation and found conditions; 17.19. This provision, the rights mentioned in paragraph 17.2. 17.2 the investigating authority investigators have the right: to access the crash site 17.21., the crash involved rolling stock to the relevant railway infrastructure, the ground control and signalling installations; 17.22. immediately initiate direct evidence and wreckage, railway infrastructure or the component collection test or analysis; 17.23. access to rolling stock data logging devices, voice recording devices, signalling and traffic management system registration equipment and use it; 17.24. familiarize yourself with the mortal remains of the victims and of the bodies of victims; 17.25. look at the rail crash experts and other witnesses and questioning the survey results and the evidence; 17.26. to interview crash rail specialists involved and other witnesses; 17.27. access to the national railway technical inspection, railway infrastructure managers and the crash of the carrier involved in the relevant information or documentation. 17.3 the investigating authority checks completed on site as soon as possible so the railway infrastructure manager to restore the railway infrastructure and open rail services. " 24. The deletion of paragraphs 18 and 19. 25. Make 20 and 21 by the following: "20. Railway traffic safety the infringement the Commission no later than five working days after detection of the infringement railway traffic safety the infringement Act (annex 3). Three working days after the signing of the Act, a copy of it, together with all the investigation materials (such as rail traffic safety examined the Commission's infringement meetings Protocol recommendations for similar traffic security breach prevention) sent to the railway police, the investigating authority, State railway technical inspection, railway traffic accident involving the infrastructure manager and the railway carrier, as well as the completion of the investigation informed the specialized prosecution office of several sectors. 21. In the event of an accident victim, the people the Inquiry Commission's six working days after the accident, the Act concerning accident that hurt people (annex 4). Three working days a copy of it, together with all the investigation materials (such as traction brigades and eyewitnesses explanations, excerpt from transcript of the tape, the ātrummērītāj accident scheme, the relevant Commission meeting Protocol) sent to the railway police, the investigating authority, State railway technical inspection, railway traffic accident involving the infrastructure manager and the railway carrier. " 26. To complement the rules by 21.1, 21.2 and 21.3 points as follows: "the investigating authorities 21.1 as soon as possible, but no later than 12 months after the emergency dial the final investigation report (annex 5) and send to the recipients referred to in these terms as well as in paragraph 11.4 the European Railway Agency. The final report of the investigation the investigation and signed all investigation. In the event of a dispute concerning the contents of the report, the final report of the investigation shall be supported by the head of the investigation. Investigation of a member who does not agree with the final report of the investigation, signed with a note about their differing views and these views. 21.2 the investigating authorities each year to 30 September, a public annual report on the previous year, the incidents, investigated the security recommendations and the action taken in accordance with the recommendations previously issued and shall forward the report to the European Railway Agency. 21.3 national railway technical inspectorate and other bodies to which the safety recommendations are addressed to ensure that investigating authorities issued safety recommendations in rail traffic accident prevention of the causes and circumstances, as well as railway traffic safety is taken into consideration and implemented. The national railway technical inspectorate and authorities addressed safety recommendations, at least annually notify the investigating authorities of the security measures referred to in the recommendations. " 27. in paragraph 22, amend the number "18"; 28. in paragraph 22, replace the word "ten" with the number "25". 29. Delete paragraph 23. 30. To supplement the rules with the informative reference to European Union directives as follows: "Informative reference to European Union Directive provisions included in the law arising from the European Parliament and of the Council of 29 April 2004, Directive 2004/49/EC 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 railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (railway safety directive) amendment." 31. Replace throughout Annex 1, the words "company" (company) "with the words" Merchant ". 32. Deletion of annex 2. 33. Annex 3 to express the following: "3. the Cabinet of Ministers on 6 October 1998 Regulation No. 393 of the railway safety act of infringement 34. Express annex 4 by the following:" 4. in the annex to Cabinet of Ministers of 6 October 1998 Regulation No. 393 of the Act concerning the accident that injured a man 35. Supplement with annex 5 by the following: "5. the annex to Cabinet of Ministers of 6 October 1998 Regulation No. 393 of the accident investigation report should contain the final information 1 information about the crash. : 1.1. emergency date, the exact time and place; 1.2. the emergency site and emergency, rescue and emergency services, a description of the measures taken; 1.3. a decision on an investigation, the person who carried out the investigation, the investigation; 1.4. crash-related carrier and rail infrastructure manager, railway personnel, other persons and witnesses; 1.5. the trains and their composition, rolling stock series and the registration number; 1.6. a railway infrastructure and its equipment; 1.7. the site of the emergency or work undertaken in its vicinity; 1.8. the carrier and the rail infrastructure manager's emergency plan and related series of events; 1.9. rescue service, police and ambulance emergency plan and related series of events; 1.10. the persons who destroyed or injury as a result; 1.11. physical damage: 1.11.1. cargo, luggage and other property; 1.11.2. rolling stock, rail infrastructure, damage to the environment; 1.12. weather conditions and geographical references. 2. Railway professionals and other witness testimony. 3. information on the safety management system: 3.1. company structure, management guidelines and their implementation; 3.2. the personnel requirements and compliance with them; 3.3. internal controls and audit of programs and results. 4. Traffic safety regulatory legislation and internal documents. 5. The rolling stock, railway infrastructure and its equipment technical condition and performance, tracking the ātrummēr and other tracking devices. 6. operating system documentation: 6.1. rail employees carried out ground control and command and signalling; 6.2. Exchange with voice messages about the crash, including a record of the negotiations; 6.3. protection and security measures at the site of the emergency. 7. the interface "man and machine" Organization: 7.1 railway specialists involved in the fixing of work and rest periods; 7.2. with health related and personal circumstances that influenced what happened, including the physical and psychological overload; 7.3. the design of devices that affect the interface "man and machine". 8. information on similar cases which have occurred in the past. 9. The findings of the analysis to draw conclusions about the causes of the emergency and rescue services. 10. conclusions: 10.1. direct causes of the event, as well as contributing factors in relation to the conduct of the persons involved or rolling stock and railway infrastructure, technical equipment; 10.2. the root cause associated with the relevant procedures, rolling stock and railway infrastructure maintenance and technical equipment for railway employee skills; 10.3. the root causes relating to the regulatory provisions and the security management system. 11. In the course of the investigation, shortcomings and deficiencies that are not related to the emergency causes. 12. Description of the measures envisaged. 13. Safety advice. "
Prime Minister a. Halloween traffic Minister a. shlesers