Law On Notification, Reporting And Investigation Of Railway Accidents And Railway Incidents Etc. (Railway Investigation Act)

Original Language Title: Lov om varsling, rapportering og undersøkelse av jernbaneulykker og jernbanehendelser m.m. (jernbaneundersøkelsesloven)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2005-06-03-34

Law on notification, reporting and investigation of railway accidents and railway incidents etc. (Railway Investigation Act).


Date LOV-2005-06-03-34


Affairs Ministry

Edited

LOV-2015-06-19-65 from 10/01/2015


Published in 2005 Booklet 7


Commencement 03.06.2005

Changes
LOV-1993-06-11-100

Promulgated
03.06.2005

Short Title
Railway Investigation Act

Chapter Overview:

Chapter I. Introductory provisions (§§ 1-5)
Chapter II. Notification of railway accidents and railway incidents etc.. (§§ 6-7)
Chapter III. Reporting and collection of information on railway accidents and railway incidents etc.. (§§ 8-9)
Chapter IV. Investigation of accidents and incidents, etc. (§§ 10-22)
Chapter V. Supervision Authority use of information, etc.. (§§ 23-24)
Chapter VI. Prohibition of sanctions by the employer (Section 25)
Chapter VII. Removal of debris outside the roadway (L-26)
Chapter VIII. Final provisions (§§ 27-30)

Ref. EEA Annex XIII. 42e (Directive 2004/49 / EC).

Chapter I. Introductory provisions

§ 1. Purpose The purpose is the investigation of railway accidents and railway incidents to improve safety and prevent railway accidents.

§ 2. The substantive scope and exceptions Act applies railways, including tramways, underground railways, suburban railways, etc. track-bound transport covered by the Railways Act.
Ministry may issue further provisions on which railways covered by this Act, including exemptions from the Act's application for certain types of railroads.

§ 3. The investigating authority's tasks and independence Investigation of railway accidents and railway incidents shall be effected by the authority Ministry.
Investigating authority shall clarify events and causal factors, study issues of importance for preventing railway accidents and submit investigation report referred to in § 19
investigating authority shall not apportion civil or criminal guilt and responsibility. The survey shall be conducted independently of any other investigation or examination as wholly or partially such purpose.
Investigating authority shall publish each year a report on the investigations carried out last year, including safety recommendations and measures taken in accordance with these.
Ministry may issue supplementary regulations concerning the investigating authority's work, including cooperation and exchange of information with other countries and international organizations to the extent provided by international agreements entered into by Norway.

§ 4. Surveillance Authority exercises supervisory authority as stated in the Railways Act § 11 will consider reports that the investigating authority submits, in order to identify and implement measures to improve railway safety. The supervisory authority may order follow-up of safety recommendations to the operator of railway operations by the Railways Act.
Ministry may issue supplementary regulations to supervisory authorities work under this Act, including cooperation and exchange of information with other countries and international organizations to the extent provided by international agreements entered into by Norway.

§ 5. Definitions In this Act apply:

A)
Rail Accident: an unwanted or unintended sudden event or a specific number of such events which have harmful consequences, including causing that someone dies or is seriously injured, resulting in substantial damage to railway equipment, on infrastructure, on property outside the railway or the environment, and any other similar accidents.

B)
Railway Incident: any other undesirable event than a railway accident, which is related to railway operations, and which affect operational safety.

C)
Seriously railway incident: an undesired event that under slightly different circumstances could have led to a railway accident.

D)
Railway business: operation of infrastructure, traffic management and traffic operations.

Ministry may issue regulations which specify and complement the definitions in the first paragraph, including the issue of supplementary provisions on what constitutes infrastructure, traffic management and traffic operations in the letter d.

Chapter II. Notification of railway accidents and railway incidents etc..

§ 6. Notification obligation of railway accidents Employees of rail operations that are involved in a railway accident shall immediately notify the nearest traffic control unit, the nearest police authority or the Joint Rescue Coordination Centre. This does not apply if the employee is aware that the notice has already been given.

Notification obligation under subsection also anyone who witnesses the railway accident, if the witness not in the circumstances have reason to believe that such notification is unnecessary.
When nearest traffic control unit, the nearest police authority or JRCC receives notification of a railway accident, the competent authority shall immediately notify the other agencies mentioned, and give notice to the investigating authority and the supervisory authority. This does not apply if authority is aware that the notice has already been given.
Ministry may issue further regulations on the notification obligation pursuant to subsection and disclosure of notice under subsection.

§ 7. Notification obligation of serious railway incidents Occurs a serious rail incident, the person who operates the railway operations immediately notify the investigating authority about the incident. The investigating authority notifies the supervisory authority.
Ministry may by regulations provide that the following persons shall have a special duty under subsection:

A)
whoever performs traffic management,

B)
performer, rolling stock,

C)
whoever performs or manage switching on or next station or within a side-track area,

D)
whoever performs traffic safety tasks aboard trains, including emergency response,

E)
whoever has security responsibilities at work and activity and at track and

F)
the person performing maintenance of rolling stock or infrastructure.

Ministry may issue further regulations on the duty of notification and disclosure of notice under this section.

Chapter III. Reporting and collection of information on railway accidents and railway incidents etc..

§ 8. Reporting of information Operators of rail operations are required to report information on railway accidents and railway incidents to the investigating authority and the supervisory authority.
Ministry may by regulations provide that the following persons shall have a special duty to report under subsection:

A)
whoever performs traffic management,

B)
performer, rolling stock,

C)
whoever performs or manage switching on or next station or within a side-track area,

D)
whoever performs traffic safety tasks aboard trains, including emergency response,

E)
whoever has security responsibilities at work and activities in and around tracks,

F)
the person performing maintenance of rolling stock or infrastructure, and others who have dealings with railway operations, including manufacturers of railway equipment.

Ministry may issue further provisions on the obligation under the first and second paragraphs, including what information should be reported, the authorities there must be reported to and the way it should happen.

§ 9. Use of data from systems that records sound and picture investigating authority should have access to data from any system of continuous or regularly recording audio and video from driver's cab in trains, but are not allowed to disclose such material to others . Printing of recorded audio or copy images can still be disclosed for use as evidence in criminal or civil legal proceedings in the Court's ruling. The court can only approve extradition after second sentence, if the need for disclosure in the particular case outweighs the risk of that by such action complicates the investigating authority's work with that particular issue or future national or international studies.
Ministry may by regulation determine the registration systems for picture and sound that are covered by the first paragraph.

Chapter IV. Investigation of accidents and incidents, etc.

§ 10. Duty to investigate investigating authority shall investigate railway accidents and serious railway incidents.
Ministry may in regulations stipulate that the investigating authority shall investigate other railway incidents than those mentioned in the first paragraph.

§ 11. Implementation of the survey and the survey's scope Once the investigating authority has received notification of the train accident under § 6 or serious railway incident according to § 7, shall promptly determine whether it needs to initiate an immediate investigation. When investigating authority receives a report pursuant to § 8 shall without undue delay determine whether and when to initiate an investigation.
Investigating authority determine the scope of the investigation and how it will be implemented. The decision shall investigating authority including taking on board the lessons survey is expected to provide in order to improve safety, accident or severity of the event, its impact on railway safety in general and on the part of a series of accidents or incidents.

Investigating authority may notwithstanding the previous decisions, decide to investigate conditions at one or more railway accidents or railway incidents.
Ministry may issue supplementary regulations concerning the investigating authority's tasks and competence under this section.

§ 12. Prohibition to remove debris etc. and the need to restore traffic Railway stock and infrastructure damaged in the train accident, debris or other things of such materials and traces of the accident must not be removed or touched without the consent of the investigating authority and the police, unless it is necessary to save or avert danger life or property or to prevent anything that might affect the investigation, destroyed or disappear.
Investigating authority shall finish its investigations at the scene as soon as possible so that the driver roadway may be able to restore traffic.

§ 13. Measures to obtain information investigating authority has the right to use private land and may demand to investigate and take possession of railway equipment and infrastructure, debris, documents and other things to the extent that it needs it in order to exercise their solstice. Including the investigating authority shall be given access to results from studies of people who have been involved in the accident or incident and the autopsy of deaths. It may order a medical examination pursuant to the Aviation Act § 6-11 third paragraph. If necessary, the investigating authority request police assistance.

§ 14. Explanation Obligation investigating authority etc. Everyone is obligated, on demand, and without regard to confidentiality, to provide the investigating authority with the information he or she hold about matters that may be relevant to the investigation. Anyone who explains itself entitled to the assistance of a lawyer or other person under the explanation.

§ 15. Evidence investigating authority may require evidence outside a lawsuit pursuant to the Civil Procedure Act § 28-3 third paragraph, and § 28-4. Requirement of evidence submitted to the District Court where the person to be heard, living or staying or real evidence shall be examined.

§ 16. Rights for those involved in the case when investigating authority initiates investigation, shall as far as possible, notify the operator of the current rail operations, victims and their family, owners of damaged things, manufacturers, affected emergency services, representatives of staff and users and others concerned is about this. Such notification shall be given as soon as possible, and shall indicate whether the rights under the second paragraph of this section and under § 20.
Within the investigations concluded, they mentioned in the first paragraph should be allowed to submit information and views about the railway accident or railway incident and its causes. They should also be informed regularly about the progress of the investigation and given an opportunity to submit their views on the investigation to the extent practicable. Moreover, they should also be allowed to be present during the investigation and have the right to acquaint themselves with the documents, to the extent that the investigating authority finds that this can be done irrespective of the survey. Third sentence applies with the limitations imposed by confidentiality, ref. § 17.
ministry may issue supplementary regulations to this section.

§ 17. Confidentiality Anyone performing services or labor for the investigating authority has a duty of confidentiality under the Public Administration about what they become aware during the execution of their work. Administration Act § 13b subsection. 6 does not apply.
When a person mentioned in subsection receives information that is subject to stringent confidentiality than that provided by the Public Administration, correspondingly strict confidentiality apply, unless weighty public considerations dictate that the information should be passed on or information is necessary to explain the reason the railway accident or railway incident.
Persons mentioned in the first paragraph has also confidentiality of any information reported pursuant to § 8, and information that emerged during the explanation of the investigating authority under § 14. This does not apply if weighty public considerations dictate that the information should be divulged or information is necessary to explain the cause of a railway accident or railway incident.
Confidentiality mentioned in the second and third paragraphs shall not prevent the information disclosed to the extent that is entitled to confidentiality agree, if the information in statistical form or if they are generally accessible elsewhere.

Information that is confidential in accordance with subsection may be passed on to foreign and international authorities and organizations when this follows from international agreements entered into by Norway.

§ 18. Information to the supervisory authority investigating authority shall keep the inspection authority informed of matters arising in the course of the investigation, and their preliminary assessments of these, to the extent considered necessary for railway safety.

§ 19. The investigation report Where the investigating authority has examined a railway accident or serious railway incidents, it shall prepare a report giving an account of events and contains the investigating authority's statement on the causes. The report shall state the purpose of the survey, cf. § 1. The report shall also, as far as appropriate, include investigating authority any recommendations on measures that should be taken or considered in order to prevent similar accidents or serious incidents in the future.
Report should not contain references to individual name or address.
Investigating authority's decision under this section may not be appealed.

§ 20. Treatment of draft investigation report before the investigating authority finalizes the report, should a draft report at the request submitted to persons mentioned in § 16 first paragraph, with a reasonable period for that person to give statement, unless special circumstances warrant that this is not done. Norwegian Railway Inspectorate shall be submitted to the draft report, with a deadline for comments. The right under the first sentence applies only to those parts of the draft report as relevant because of its connection with the case or investigation is particularly well qualified to comment on.
Investigating authority's decision under this section may not be appealed.

§ 21. Except public access to documents for draft survey report investigating authority draft report is not public.

§ 22. Prohibition on the use as evidence in criminal proceedings Information investigating authority receives pursuant to §§ 8 or 14 can not be used as evidence in a subsequent criminal proceedings against the person who provided the information.

Chapter V. Supervision Authority use of information, etc..

§ 23. Confidentiality Anyone performing services or labor for the supervisory authority are bound to secrecy in accordance with § 17 to the extent applicable.

§ 24. Prohibition on the use as evidence in criminal proceedings Information supervisory authority receives pursuant to §§ 8 and 18 can not be used as evidence in a subsequent criminal proceedings against the person who provided the information.

Chapter VI. Prohibition of sanctions by the employer

§ 25. Prohibition of sanctions by the employer An employee who submits reports under § 8 or explanation pursuant to § 14 shall not consequently be subjected to any form of sanctions from the employer's side. The first sentence does not apply to measures by the employer with the main purpose to improve the employee's qualifications.
The first paragraph does not apply if the information received indicates that the employee does not meet health requirements to hold his position, or that the employee has acted with gross negligence in connection with the reported accident or incident. The first paragraph does not circumstances relating to the employee or his acts and omissions that have been known otherwise than through the employee's reporting or explanation as mentioned in the first paragraph.

Chapter VII. Removal of debris outside the roadway

§ 26. Removal of the debris outside the roadway, etc.. If railway material or parts of infrastructure are displaced in the roadway, or debris or other things of such materials is an obstacle to general traffic or otherwise endanger or inconvenience, the police set a deadline for the owner or operator shall remedy the failure . If the time limit, the police can take appropriate action on the owner's or user's expense. If for reasons of traffic or otherwise required to do something immediately, the police can take action as mentioned without giving any respite.

Chapter VIII. Final provisions

§ 27. Penalties negligently or willfully violates provisions made in or pursuant to §§ 6, 7, 8, 12, first paragraph, 14, 17, 23, 25 and 26 of the Act, punishable by fines unless the offense severer penal provision.

§ 28. Amendments to other Acts The Act of 11 June 1993 no. 100 on construction and operation of railways, including tramways, metro and suburban railways etc. (Railway Act) is amended as follows: - - -
Chapter V repealed.

§ 29. Commencement This Act comes into force immediately.


§ 30. Transitional Regulations made pursuant to the Railways Act, Chapter V apply after the Act has come into force.