Key Benefits:
Law on notification, reporting and examination of railroad accidents and railroad events m.As (The railroad examination law). |
| Date | LO-2005--06--03-34 |
| Ministry of | Behavioral Ministry |
| Last modified | LAW-2015 -06-19-65 from 01.10.2015 |
| Published | In 2005 booklet 7 |
| Istrontrecation | 03.06.2005 |
| Changing | LAW-1993--06-11-100 |
| Announcement | 03.06.2005 |
| Card title | Railway Survey Act |
Jf. EES deal attachment XIII number 42e (Directive 2004 /49/F).
The law's purpose is through examination of railroad accidents and railroad events to improve safety and prevention of railroad accidents.
The law applies to railways, herunder the trail, tunnel path, suburban orbit and similar sportbound transport as being retaken by the railroad law.
The Ministry of Justice can in regulation give closer regulations on what railroads are relegation of the law here, herunder make exceptions from the use of the law of certain types of railways.
The survey of railroad accidents and railroad events is going to happen at the authority of the Ministry of Justice.
Research authority is to clarify the event foreran and milleniance factors, unnest conditions of significance for prevention of railroad accidents and the present examination report as mentioned in Section 19.
The examination authority shall not take the position of civil legal or criminal guilt and liability. The survey should be conducted independently of any other investigation or examination that completely or partly has such purpose.
The examination authority shall each year announce a report on the investigations that have been conducted the year before, including the Security Council and measures that have been hit in accordance with these.
The Ministry can provide filler regulations on examination of the government's work, herdunder about cooperation and exchange of information with other countries and international organizations in the extent that it follows by international agreements that Norway has reached.
The parole authority as mentioned in the railway Act Section 11 shall consider the reports that the examination authority empowers, with regard to identifying and committing measures that can better railroad security. The parole board can give the injunction of the follow-up of security chiefs to the person who runs railroad business after the railroad law.
The Ministry can provide filler regulations on the Regulatory Authority's work by law here, hernicity on cooperation and exchange of information with other countries and international organizations in the extent that it follows by international agreements that Norway has struck.
In the law here understood by :
| a) | Railway accident : an unwanted or accidental sudden event or a specific array of such events that have harmful repercussions, herders that some die or are being severely damaged, which involve significant damage to railway material, on Runway, on property outside the railway or on environment, and all other similar accidents. |
| b) | Railway event : any other unwanted event than a railroad accident, which has the context of the railroad operations, and that is inworking on operating security. |
| c) | Severe railroad event : an unwanted event that under some other circumstances could have led to a railroad accident. |
| d) | Railway business : operation of driving, traffic management and traffic business. |
The Ministry can provide regulations that precision and populate the definitions in the first clause, herdunder provide filler regulations on what is meant by driving, traffic management and traffic business in letter d.
Employees in the railroad business getting involved in a railroad accident shall immediately notify the nearest traffic management unit, the nearest police authority or the main rescue hub of the accident. This still does not apply if the employee is familiar with the notice of notice already given.
The goods schedule liked after the first clause also has any witness to railroad accident, if the witness after the circumstances has no reason to assume that such notification is unnecessary.
When the nearest traffic management unit, the nearest police authority or the main rescue hub receives notice of a railroad accident, the person shall immediately notify the other instrities mentioned, as well as give notice to the examination authority and The regulatory authority. This still does not apply if the authority is known that the notice has already been issued.
The Ministry can provide further regulations on the notification of notification alike after the first clause and relaying of notice after third clause.
Introduce it to a serious railroad event, the one that runs railroad business immediately alert the examination authority about the incident. The examination authority is notifying the regulatory authority.
The Ministry of Justice can in regulations determine that also the following people should have a special notification match after the first clause :
| a) | the carrying out traffic management, |
| b) | the one that brings rolling material, |
| c) | the performing or charge of switching at or by the station or within a side-track area, |
| d) | the carrying out traffic safety tasks on board trains, herduring hot-spare tasks, |
| e) | the person who has security responsibility at work and activity in and on track, and |
| f) | the performing maintenance of the rolling material or driving route. |
The Ministry can provide further regulations on the notification of the notification and relaying notice after this paragrafen.
The driver of the railroad business duties to report the details of railroad accidents and railroad events to the examination authority and the regulatory authority.
The Ministry can in regulations determine that also the following people should have a special reporting match after the first clause :
| a) | the carrying out traffic management, |
| b) | the one that brings rolling material, |
| c) | the performing or charge of switching at or by the station or within a side-track area, |
| d) | the carrying out traffic safety tasks on board trains, herduring hot-spare tasks, |
| e) | the person who has security responsibility at work and activity in and by tracks, |
| f) | the performing maintenance of the rolling material or driving route, and others that have been resorting with railroad business, herunder manufacturer of railway material. |
The Ministry of Health can in regulation give closer regulations on reporting duties after the first and other clause, therunder what information to be reported, what authorities should be reported to and the manner in which it should happen.
The examination authority shall have access to data from any system for sustained or regular registration of audio and image from the driver's room in trains, but does not have the opportunity to extradite such material to others. Print of recorded audio or copy of images can still be issued for use as evidence in a criminal case or civil case for the courts following the court's ruling. The court can only approve extradition following the second period if the need for extradition in the concrete case weighs heavier than the father of such extradition makes the examination of government work with the appropriate case or future national or international investigations.
The Ministry of Justice can at regulation determine which registration systems for audio and image are retaken by the first clause.
Research authority is to examine railroad accidents and severe railroad events.
The Ministry of Justice may in regulation determine that the examination authority should examine other railway events than those mentioned in the first clause.
When the examination authority has received notice of railroad accident after Section 6 or about severe railroad event after Section 7, it shall immediately determine whether there is a need to commit immediate examination. When the examination authority receives the report after Section 8 it will without due stay determining whether and when it is to be committed examination.
The examination authority determines even the extent of the examination and how it should be carried out. At the decision, the examination authority among other things should take into consideration what the learning examination is expected to give considering improving safety, accident or incident's seriousness, its impact on the railway security in general and about the part of a series of accidents or events.
The examination authority can without regard to prior decisions to investigate conditions at one or more railroad accidents or railroad events.
The Ministry can provide filler regulations on the examination of the government's tasks and skills after the paragrafen here.
Railway materials and driving road damaged in railroad accident, debris, or other items from such material and traces of accident must not be removed or touched without consent from the examination authority and police, unless necessary to save or avert danger of life or property or to prevent that anything that may have meaning to the examination, destroyed or disappears.
The examination authority is to end its investigations at the crash site as soon as possible so that the driving road can become able to restore traffic.
The examination authority has the right to use private grounds and may demand to examine and take in possession of the railway materials and driving, debris, documents and other items in the extent it needs to exercise their stice. Herunder shall The examination authority is granted access to results from investigations of persons who have been involved in the accident or incident, and autopsy of death victims. It can impose medical examination by the rules of the Aviation Act Section 6-11 third joints. If necessary, the examination authority can require the assistance of the police.
Any duties on the bidding, and without regard to secrecy, to give the examination authority the information he or she sits in with about conditions that may be of significance for the examination. Any one that explains has the right to let himself assist by lawyer or other person during the statement.
Research authority may require evidence safeguards outside trial following the rules of the tweet Act Section 28-3 third clause and Section 28-4. Demand for evidence safeguards for the courthouse where those who are to be questioned live or be kept or realevidence to be investigated.
| 0 | Modified by law 17 June 2005 # 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
When the examination authority commits examination, it shall barely be able to inform the one that operates the appropriate railroad business, the victims and their family, owners of damaged things, manufacturers, affected contingency services, officials of the staff and for the users, as well as others as the case concerns, about this. Such subdirection shall be given as soon as possible, and shall illuminate the rights of the rights after other clause here and after Section 20 first clause.
By the time the survey ends, those mentioned in the first clause shall be granted access to the information and opinions of the railroad accident or the railroad event and its year-on-year factors. They shall also be underdirected periodically about the progress of the examination and are granted admission to their views on the examination of the extent that it is practical possible. Further, they should also be given admission to be present during the examination and have the right to make themselves known to the documents, in the extent that the examination authority finds that this can happen without obstacle to the examination. The third period applies to the limitations that follow by the privilege of the patient, jf. SECTION 17.
The Ministry can provide filler regulations to the paragrafen here.
Any performing service or work for the examination authority is sworn to secrecy after the Management Act on which they are given knowledge during the execution of their work. The Prevalence Act Section 13b first clause 6 still does not apply.
When people who mentioned in the first clause receive information that are undergiven harsher secrecy than what follows by the management law, the equivalent of strict secrecy shall apply, unless heavy-heavy public concerns suggest that the information should be able to be given further or the information is necessary to explain the cause of the railroad accident or the railroad event.
People who mentioned in the first clause have in addition to secrecy about any information that has been reported in the co-held of Section 8, and information that has been provided under explanation for the examination authority after Section 14. This does not apply if heavy-weighing public considerations suggest that the information should be provided further or the information is necessary to explain the cause of a railroad accident or railroad event.
The Taushebe as mentioned in other and third joints is not to the obstacle that the information is brought on to the extent that it has claims of silence consent, if the information has statistical form, or if they are commonly available elsewhere.
Information that is non-disclosure of the third clause can be given further to foreign and international authorities and organizations when this follows by international agreements that Norway has reached.
The examination authority shall continuously keep the regulatory authority informed of conditions that are being covered during the examination, and their own preliminary assessments of these, to the extent this is deemed necessary for the railway security.
When the examination authority has examined a railroad accident or serious railroad events, it shall devise a report that accounted for the event's statement and contains the survey's statement on the year conditions. The report is supposed to illuminate the purpose of the examination, jf. SECTION 1. The report is also going to be as far as target service, contain the examination of the examination of any addictions regarding measures that should be met or considered with regard to preventing similar accidents or serious incidents in the future.
The report should not contain references to individual people's name or address.
The examination of the government's decision after this paragrafen cannot be incurred.
Prior to the examination authority closing the report, a draft report should be submitted for people as mentioned in Section 16 first clause, with a reasonable deadline for the person to make the statement, with less-honest relationships suggest that this not be done. State railway supervision shall be given the draft of the report, with reasonable due date to comment. The court after the first period only applies to those parts of the draft report as the person because of its association with the case or examination has shonest predictions to comment on.
The examination of the government's decision after this paragrafen cannot be incurred.
The survey's draft of the report is not public.
Information examination authority receives in co-hold of Section 8 or 14 cannot be used as evidence in a subsequent criminal case against the person who has provided the information.
Any performing service or work for the regulatory authority is sworn to secrecy by the rules of Section 17 as far as they fit.
The information regulator receives in the co-hold of Section 8 and 18 cannot be used as evidence in a subsequent criminal case against the person who has provided the information.
A working holder that emits report after Section 8 or explanation after Section 14 should not as a result of this is exposed to any form of sanctions from the employer's side. The first period does not apply to measures that the employer commits with the main purpose of improving the working-holder qualifications.
The first clause does not apply if the received information indicates that the employee does not meet health care requirements to possess his position, or that the working holder himself has been performing rough negligent in connection with the reported accident or the event. The first clause also does not apply to circumstances related to the employee or dennes actions and exemptions that have been known differently than through the worker's reporting or explanation as mentioned in the first clause.
If rail materials or parts of the driving route are found to be outside the driving road, or debris or other things from such material are to obstacle or otherwise at risk or disadvantage, police may set a due date for the the owner, or the user, shall correct the relationship. The oversit deadline, the police may commit necessary measures on the owner or user's expense. If that of consideration for the behaviour or for any other reason is necessary to do something immediately, the police may put in works measures as mentioned without any due date.
The one who negligent or intentional overtakes regulations given in or in co-hold of Section 6, 7, 8, 12 first clause, 14, 17, 25 and 26 in the law, punishable by fines if the relationship does not go in under stricter penalty determination.
| 0 | Modified by law 19 June 2015 # 65 (ikr. 1 oct 2015). |
In law 11. June 1993 # 100 about facilities and operation of railways, herunder track, tunnel path and suburban orbit m.ern (The railroad law) is made the following changes :--
Chapter V repeaters
Part Article SECTION 29. IstrontrecationThe law takes effect immediately.
Part Article SECTION 30. Overwork RegulationThe writings stipulate with the Home of the Railway Law V also apply after the law here has stepped into effect.
