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Royal Decree 810/2007, of 22 June, approving the Regulation on safety in the circulation of the Network of General Interest, represented the incorporation into the internal legal order of the Directive 2004 /49/EC of the European Parliament and of the Council of 29 April 2004 on the safety of the Community's railways and amending Council Directive 95 /18/EC on the granting of licences to railway undertakings and the Directive 2001 /14/EC on the allocation of railway infrastructure capacity, implementation of the fees for their use and safety certification.
Article 5 of Directive 2004 /49/EC provided for the need for Member States to collect information on common safety indicators (CSIs) in order to facilitate the assessment of the achievement of the common safety objectives (OCS) and the monitoring of the overall development of railway safety. The OCS should define safety levels, expressed as criteria for the acceptance of risks to society. The main objective of the CSIs should be to measure the level of security and to facilitate the assessment of the economic impact of the OCS. This shows the need to move from the cost indicators for the rail system of rail accidents to indicators relating to the economic impact of accidents on society.
This royal decree is issued in order to incorporate into Spanish law the Commission Directive 2014 /88/EU of 9 July 2014 amending Directive 2004 /49/EC of the European Parliament and of the European Parliament Council as regards the common safety indicators and the common methods of calculating the costs of accidents.
Directive 2014 /88/EU is intended to move from the cost indicators for the rail system of rail accidents to indicators relating to the economic impact of accidents on society. It attributes monetary values to the improvement of the security level in the context of limited public budgetary resources, thus giving priority to initiatives that ensure an efficient allocation of resources.
During the processing of the amendment of the Regulation, in accordance with the provisions of Law 50/1997 of 27 November, an audience has been given to the infrastructure managers, railway companies, and the centres, manufacturers, holders and associations of rolling stock. Similarly, and in compliance with the third final provision of Law 38/2015, of 29 September, of the Railway Sector, it has been submitted to the National Council for Land Transports, as well as the Commission of Investigation of Rail Accidents.
By means of two final provisions the Royal Decree 1434/2010 of 5 November on interoperability of the railway system of the Network of General Interest, and the Regulations of the Railway Sector, approved by Royal Decree 2387/2004 of 30 December 2004 in order to clarify the regulation of the registration of vehicles as laid down in Directive 2008 /57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community Directive 2008 /57/EC of interoperability, should maintain each State . This vehicle registration is part of a section of the Special Rail Register. It takes advantage to clarify their differences with the inventory of vehicles that circulate through their network that will be maintained by infrastructure managers.
This royal decree is issued under the third final provision of Law 38/2015 of 29 September of the Railway Sector.
In its virtue, on the proposal of the Minister of Development, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of November 6, 2015,
DISPONGO:
Single item. Amendment of the Regulation on safety in the movement of the Railway Network of General Interest, approved by Royal Decree 810/2007 of 22 June.
Annex I to the Regulation on Safety in the Movement of the Railway Network of General Interest, approved by Royal Decree 810/2007 of 22 June 2007, is read as follows:
" ANNEX I
Common security indicators
1. Indicators relating to accidents
1.1 Total and relative number (in relation to train-kilometres) of significant accidents and their breakdown according to the following types:
Collision of train with a rail vehicle,
train collision with an obstacle within the free pass gauge,
train derailment,
accident at level, including accidents involving pedestrians in steps at level, and their additional breakdown for the five types of steps at level defined in point 6.2,
accident caused to persons with involvement of moving rolling stock, except for suicides and suicide attempts,
rolling stock fire,
others.
Each significant accident shall be reported according to the type of primary accident, even if the consequences of the secondary accident are more severe (e.g. a derailment followed by a fire).
1.2 Total and relative number (in relation to train-kilometres) of serious injuries and fatalities by type of accident, broken down into the following categories:
Traveler (also in relation to the total number of traveler-traveler and passenger-train kilometers),
employee or contractor,
step-to-level user,
intruder,
another type of person who is on a platform,
another type of person who is not on a platform.
2. Indicators relating to dangerous goods
Total and relative number (in relation to train-kilometres) of accidents affecting the transport of dangerous goods by rail, broken down into the following categories:
accident involving at least one railway vehicle which carries dangerous goods, as defined in paragraph 7 of this Annex,
number of these accidents in which hazardous substances are escaping.
3. Indicators relating to suicides
Total and relative number (in relation to train-kilometres) of suicides and suicide attempts.
4. Indicators relating to accident precursors
Total and relative number (in relation to train-kilometres) of accident precursors and their breakdown in the following types of precursor:
Lane Break,
deformation or other path misalignment,
signaling failure,
token passed in danger situation over danger point,
last token in danger situation without exceeding the danger point,
rolling wheel of rolling stock in service,
broken axle of rolling stock in service.
All precursors must be notified, whether or not they occur in accidents. (A precursor that results in a significant accident will also be reported in the precursor indicators; a precursor that does not result in a significant accident will only be reported in the precursor indicators.)
5. Indicators for calculating the economic impact of accidents
Total in euro and relative (relative to the train-kilometres) of the:
Death toll and serious injuries multiplied by victim prevention value,
cost of environmental damage,
cost of material damage to rolling stock or infrastructure,
cost of delays as a result of accidents.
The safety authority shall report the economic impact of significant accidents.
The value of victim prevention is the value that society attributes to the prevention of a victim and, as such, will not constitute a reference for compensation between the parties involved in accidents. In the absence of a victim prevention value established as a reference at European level, or in order to better match the national reality, the national security authority may set that value through the relevant resolution, published in the "Official State Gazette".
6. Indicators relating to the technical security of the infrastructure and its implementation
6.1 Percentage of tracks in service with train protection systems and percentage of train-kilometres travelled using such boarding systems of train protection as provided:
warning,
warning and automatic stop,
warning and automatic stop and discrete speed monitoring,
warning and automatic stop and continuous speed monitoring.
6.2 Number of steps at level (total, per line kilometer, and path kilometer) according to the following five types:
a) step on a passive level;
b) step at active level:
i) Manual,
ii) automatic with user-side warning,
iii) automatic with user-side protection,
iv) path-side protection.
7. Definitions
The common definitions for ICS and methods of calculating the economic impact of accidents are as follows:
7.1 Accident-related indicators
7.1.1 "Significant accident" means any accident involving at least one railway vehicle in motion, with at least one dead or seriously injured, or in which serious damage to the material is caused, the railway track or other facilities or environments, or serious traffic disruptions, excluding accidents in workshops, warehouses and warehouses.
7.1.2 "Serious damage to material, railway or other facilities or environments", damage equivalent to or greater than EUR 150,000.
7.1.3 "Serious traffic disruptions", suspension of rail services on a main rail line for a minimum period of six hours.
7.1.4 "Train", one or more railway vehicles drawn by one or more locomotives or motor vehicles, or a motor vehicle travelling on a solo basis, with a specified number or a specific name from a point of order initial fixed to a terminal point, including a light machine, i.e. a locomotive that circulates by itself.
7.1.5 "Collision of train with a railway vehicle", frontal collision, range from behind or side collision between part of a train and part of another train or railway vehicle, or with rolling stock of manoeuvres.
7.1.6 "Collision of train with an obstacle within the free pass gauge", collision between a part of a train and objects fixed or temporarily present on or near the railway (except in the steps at level if the object has lost by a road vehicle or a user of the pass), including a collision with the overhead lines of contact.
7.1.7 "Train discarriage", any situation in which at least one wheel of a train is left out of the rails.
7.1.8 "Accident at Level", all accidents at a level crossing at which at least one railway vehicle is involved and one or more road vehicles, other users of the pass, such as pedestrians, or other objects temporarily present on or near the railway, if they have been lost by a road vehicle or a passing user.
7.1.9 "Accident caused to persons with involvement of rolling stock", accident caused to one or more persons who are hit by a railway vehicle, or by an object attached to the vehicle or which has been detached from it, including persons falling from railway vehicles, as well as persons falling or being hit by loose objects when travelling on board a vehicle.
7.1.10 "Fire in rolling stock", fire or explosion occurring in a railway vehicle (including its load) during the journey between the exit station and the destination, even if it is stationary at the exit station, the destination or intermediate stops, as well as during the train training operations.
7.1.11 "Other (accident)", any accident other than a collision of a train with a railway vehicle, collision of a train with an obstacle within the free pass gauge, train derailment, accident at level crossing, accident caused to persons with involvement of rolling stock in motion or fire on rolling stock.
7.1.12 "Traveller", any person, with the exception of service personnel on the train, who is travelling by rail, including, only for the purpose of accident statistics, any traveller attempting to embark on a train moving or disembarking from the train.
7.1.13 "Employee or contractor", any person whose professional activity is linked to the railway and who is on duty at the time of the accident, including the staff of the contractors, the self-employed contractors, the service personnel on the train and the persons in charge of the rolling stock and infrastructure.
7.1.14 "Step-to-level user", anyone who uses a step at a level to cross a railway line in any means of transport or on foot.
7.1.15 "Intruder", any person, except for a step-to-level user, who is in a railway facility despite being prohibited from being present
7.1.16 "Other person in a platform" means any person who is on a platform who cannot be defined as a "traveller", "employee or contractor", "user of step at a level", "other person who is not on a platform" or "intruder".
7.1.17 "Other person not in a platform" means any person who is not in a platform that cannot be defined as a "traveller", "employee or contractor", "user of step level", "other person who is on a platform" or "intruder".
7.1.18 "Death (dead person)", any person who died immediately or within 30 days of the result of an accident, excluding suicides.
7.1.19 "Serious wound (seriously injured person)", any injured who have been hospitalized for more than 24 hours as a result of an accident, excluding suicide attempts.
7.2 Dangerous Goods Indicators
7.2.1 "Accident affecting the transport of dangerous goods", any accident or incident subject to declaration in accordance with point 1.8.5 of the International Rail Transport Regulation Dangerous Goods (RID), annexed to the Convention on International Carriage by Rail (COTIF), made in Bern, on 9 May 1980.
7.2.2 "Dangerous goods", materials and articles whose carriage by rail is prohibited by the RID or is authorised only under certain conditions laid down therein.
7.3 Suicide-related indicators
7.3.1 "Suicide", an act of deliberate injury against oneself with the result of death, recorded and classified as such by the competent national authority.
7.3.2 "Suicide attempt", an act of deliberate injury against oneself resulting from serious injury.
7.4 Indicators for Accident Precursors:
7.4.1 "Lane Roture", any separate lane in one or more parts, or any lane from which a piece of metal is removed, causing a fault of more than 50 mm in length and more than 10 mm deep on the surface rolling.
7.4.2 "Deformation or other misalignment of the track", any failure related to the continuity and geometry of the path that requires the path or an immediate restriction of the allowed speed to be decommissioned.
7.4.3 "Signalling failure", any technical failure of the signalling system (of the infrastructure or rolling stock), resulting in less restrictive signalling information than required.
7.4.4 "Senal in danger situation beyond danger point", any situation in which any part of a train exceeds its authorized movement and exceeds the danger point.
7.4.5 "Senal passed in danger situation without exceeding the danger point", any situation in which any part of a train exceeds its authorized movement but does not exceed the point of danger.
Non-authorised movement shall be understood for the purposes of paragraphs 7.4.4 and 7.4.5
:A light signal on the track or a traffic light in danger position or a stop order when the train protection system is not in service,
the end of a security-related movement authorization, flagged by a train protection system,
a point communicated by written or verbal authorization that appears in the regulations,
stop signs (stops are not included) or manual signs.
It does not include cases where a vehicle without a driving machine or a train with no personnel on board skips a signal in a danger position. Nor do they include cases where, for any reason, the signal does not pass to the hazard position with sufficient time for the driver to stop the train before the signal.
The safety authority may report separately on the four non-authorised movement assumptions listed in this point, but shall at least notify at least one comprehensive indicator containing the following: data on the four assumptions.
7.4.6 "Broken Wheel of Rolling Stock in Service", rupture affecting the wheel, creating an accident risk (derailment or collision).
7.4.7 "Broken Axis of Rolling Stock in Service", rupture affecting the axis, creating an accident risk (derailment or collision).
7.5 Common methodologies for calculating the economic impact of accidents
7.5.1 The victim prevention value consists of the following items:
1) security value per se: payment will values (VVP), based on declared preference studies performed;
2) direct and indirect economic costs: cost values assessed and composed of:
Medical and rehabilitation costs,
legal and police costs, private investigations emergency services and insurance administrative costs,
production losses: value for the society of goods and services that could have been produced by the person of the accident.
When calculating the costs of the victims, the dead and the seriously injured will be considered separately (a different casualty prevention value for dead and serious injuries).
7.5.2 Common principles for assessing the value of security per se and direct and indirect economic costs:
As far as the security value per se is concerned, the relevance of the available estimates will be evaluated based on the following considerations:
estimates should refer to a system of assessment of the reduction of mortality risk in the transport sector and adjust to an approach based on the willingness to pay, following methods of preference declared,
the sample of respondents for these values will be representative of the affected population. In particular, the sample shall reflect the age, income and other relevant socioeconomic and demographic characteristics of the population,
method to obtain VVP values: the study will be conceived in such a way that the questions are clear and meaningful to the respondents.
Direct and indirect economic costs will be assessed on the basis of the actual costs incurred by society.
In the absence of values established as a reference at European level, or in order to bring them better into national reality, the national security authority may fix, through the relevant resolution, published in the 'Official State Gazette' means the security values per se and direct and indirect economic costs.
7.5.3 Definitions:
7.5.3.1 "Cost of environmental damage", costs to be borne by railway undertakings or infrastructure managers, estimated on the basis of their experience, to restore the state in which it was located the area concerned before the railway accident.
7.5.3.2 "Cost of material damage to rolling stock or infrastructure", cost of provision of new rolling stock or infrastructure, with the same functionalities and technical parameters as the damaged material of irreversible form, and cost of restoring the state of the rolling stock or repair infrastructure before the accident, estimated by railway undertakings and infrastructure managers on the basis of their experience, including expenses related to the leasing of rolling stock as a result of the unavailability of damaged vehicles.
7.5.3.3 "Cost of delays as a result of accidents", a monetary value of the delays suffered by rail transport users (passengers and freight customers) as a result of the accidents, calculated according to the following model:
VT = the monetary value of the saved transport time.
Time value for a train traveler (one hour).
VTP = [VT of travellers for professional reasons] * [average annual percentage of travellers for professional reasons] + [VT for travellers for non-professional reasons] * [Average annual percentage of travellers on grounds not professionals].
VTP is measured in euro per hour traveler.
"Travel for professional reasons", a traveler who travels in connection with his or her professional activities, excluding the daily commute to work.
Time value for a freight train (one hour).
VTF = [VT of freight trains] * [(km-tonne)/(km-train)].
VTF is measured in euros per tonne of goods per hour.
MEDIA for tonnes of freight transported by rail in one year = (km-tonne)/(km-train).
CM = 1-minute delay cost of a train.
Passenger train.
CMP = K1 * (VTP/60) * [(km-traveler)/(km-train)].
MEDIA for number of rail passengers in one year = (km-traveller)/(km-train)
Freight Train
CMF = K2 * (VTF/60)
Factors K1 and K2 are located between the value of the time and the value of the delay, estimated according to declared preference studies, to take into account that the time lost as a result of the delays is clearly perceived by more negative than the normal transport time.
Cost of accident delays = CMP * (minutes of delay of passenger trains) + CMF * (minutes of delay of freight trains).
Model application scope
The cost of delays must be calculated for all significant accidents as follows:
Actual delays on the railway lines in which accidents have occurred, measured at the terminal station,
actual delays or, if not possible, estimated delays on the other affected lines.
The authority responsible for railway safety may set the above VT values through the relevant resolution to be published in the "Official State Gazette".
7.6 Indicators relating to the technical security of the infrastructure and its application.
7.6.1 "Train Protection System", a system that helps to ensure compliance with signals and speed limitations.
7.6.2 "shipped systems", systems that help the driver to respect the signals on the ground and in the cabin, signalling and therefore protecting the danger points and guaranteeing the respect of the speed limits. The shipped protection systems are described as follows:
a) Warning: Provides automatic warning to the driver.
b) Warning and automatic stop: provides automatic warning to the driver and automatic stop when passing a signal in danger position.
c) Automatic warning and stop and discrete speed monitoring: provides protection at points of danger, with "discrete speed monitoring" being understood to monitor speed at certain points (speed control points) when approaching a signal.
d) Automatic warning and stop and continuous speed monitoring: provides protection at danger points and continuous monitoring of speed limits on the line, being understood by " continuous monitoring of the speed " the continuous indication and compliance of the maximum allowed speed on all sections of the line.
Type d) is considered Automatic Train Protection System (SPAT).
7.6.3 "Step at level", any intersection at the level between a road or pass and a railway, recognized by the infrastructure manager and open to public or private users. The steps between platforms within the stations, as well as the steps on the ways reserved for the use of the employees, are excluded.
7.6.4 "Road", for the purposes of rail accident statistics, any road, street or public or private highway, including pedestrian roads and adjacent bicycle lanes.
7.6.5 "Step", any track, other than a road, intended for the passage of people, animals, vehicles or machinery.
7.6.6 "Passive level step", step at level without any warning or protection system that is activated when it is not safe for the user to cross the step.
7.6.7 "Active-level step", step at level where users are protected from the step or are warned that a train is approaching by activating devices when it is not safe for the user to cross the step.
Protection by using physical devices includes:
Semi-barriers or complete barriers,
gates.
Warning by fixed equipment in steps at level:
visible devices: Lights,
audible devices: Campaigns, horns, claxon, etc.
The active-level steps are classified as follows:
a) Manual: step at a level where the protection or notice on the side of the user is manually activated by a railway employee.
b) Automatic with user-side warning: step at a level where the user-side notice is activated by the approaching train.
c) Automatic with user-side protection: step at a level where the protection of the user's side is activated by the approaching train. The steps at the disposal of both, that is, both protection and user-side warning, are included in this definition.
d) With track side protection: step at a level where a signal or other system of train protection only allows the train to pass if the step at a level is completely protected by the user's side and is free of forays.
7.7 Definitions of scale bases.
7.7.1 "Km-train", a unit of measurement that represents the displacement of a train one kilometer. The distance used is the distance actually travelled, if known; otherwise, the normal distance of the network between the origin and the destination should be used. Only the distance in the national territory shall be taken into account.
7.7.2 "Km-traveller", a unit of measure representing the rail transport of a passenger a distance of one kilometre. Only the distance in the national territory shall be taken into account.
7.7.3 "Line Kilometers", the length in kilometers of the General Interest Railway Network. Only the distance between origin and destination shall be taken into account on the multi-track railway lines.
7.7.4 "Via Kilometers", the length in kilometres of the Railway Network of General Interest. Each track shall be taken into account in the multi-track railway lines. '
Single repeal provision. Regulatory repeal.
The following provisions are repealed:
1. Additional provision fifth and transitional provision fourth to Royal Decree 810/2007 of 22 June approving the Safety Regulation in the Circulation of the Railway Network of General Interest.
2. Transitional provision fifth of Royal Decree 1434/2010 of 5 November on the interoperability of the rail system of the General Interest Railway Network.
Final disposition first. Amendment of Royal Decree 1434/2010 of 5 November on the interoperability of the rail system of the General Interest Railway Network.
Royal Decree 1434/2010 of 5 November on the interoperability of the rail system of the General Interest Railway Network is amended as follows:
One. The heading of Chapter VII is read as
:" CHAPTER VII
Vehicle registration and network inventories "
Two. Article 19 is worded as follows:
" Article 19. Vehicle registration and vehicle inventory.
1. Section 5 of the Special Railway Register, established by Law 38/2015 of 29 September of the Railway Sector, has the nature of national registration of vehicles for the purposes of Directive 2008 /57/EC.
2. Without prejudice to the above, the railway infrastructure managers shall publish and keep duly updated an inventory of the vehicles authorised to run by the Railway Network of General Interest. administer.
The data in that inventory shall be transmitted in real time to Section 5 of the Special Railway Register of the State Agency for Railway Safety, for inclusion therein.
This inventory may be consulted by the railway undertakings operating with the material and, for their own material, by the holders of the material.
3. The content and guidelines for the preparation and maintenance of the inventory shall be established by resolution of the State Railway Safety Agency, as well as, where appropriate, the protocols and frequencies of the inventory. communication of their data to that body. '
Final disposition second. Amendment of the Regulations of the Railway Sector, approved by Royal Decree 2387/2004, of December 30.
Article 134 of the Railway Sector Regulation, approved by Royal Decree 2387/2004 of 30 December 2004, is hereby worded as follows:
" Article 134. Rolling stock section.
1. This Section will include all rolling stock that circulates through the General Interest Rail Network and will be made up of the following Subsections:
a) Locomotives.
b) Self-propelled units.
c) Cars.
d) Wages.
e) Auxiliary rolling stock.
2. Any railway vehicle running through the General Interest Rail Network shall be registered in this Section where the following information shall be collected:
i. Vehicle identification by means of the European vehicle number (NVE).
ii. Number or identification of the string.
iii. Identification of the ownership of the vehicle (owner and holder of the vehicle), and their addresses to the effect of notifications.
iv. Year of manufacture.
v. Length.
vi. Maximum width.
vii. Maximum height.
viii. Tara-Maximum authorized load.
ix. Maximum authorized speed.
x. Authorisations for entry into service and, where applicable, of movement.
xi. References of the verification CE declaration and the entity that issued it.
xii. References, where appropriate, to the European Register of authorised vehicle types of the European Railway Agency.
xiii. Restrictions affecting the mode of operation of the vehicle.
xiv. Entity in charge of maintenance.
xv. The Maintenance Plan Identification Code and the date of its approval or, if applicable, its latest revision.
xvi. Frequency of inspections.
xvii. Schedule of inspections (on date and in mileage).
xviii. Date of last inspection (on date and in mileage).
xix. Date of the next inspection to be performed (on date and in mileage).
xx. Occasional low date and cause.
xxi. Final low date and cause.
3. The person responsible for the rolling stock which promotes the registration of the rolling stock shall immediately inform the State Railway Safety Agency, any modification of the data referred to in the previous paragraph, as well as the the destruction of a vehicle or its decision to stop recording a vehicle, in order to enable that vehicle to declare that circumstance to the authority of the Member State in which the vehicle was authorised.
4. By derogation, in respect of railway vehicles registered outside Spain and covered by the rules of the International Convention on International Carriage by Rail (COTIF), made in Berne on 17 February 1984, only the data collected in numbers i, ii, iii, viii and ix must be entered; this should be done on the occasion of their first entry into the General Interest Railway Network. Also, within the maximum period of 3 months from that date, the documentation of compliance with the aforementioned rules of the Convention shall be provided to the Special Rail Register.
5. The register shall update the data relating to vehicles belonging to other States of the European Union, with the modifications made to the national vehicle registers of those States as notified and affecting them, As long as the Special Rail Register is not connected to those records.
6. In the case of vehicles moving for the first time in States which do not belong to the European Union and which have been authorised in accordance with the Spanish legislation to circulate on the General Interest Railway Network, the data listed in paragraph 2, iii, xiii and xiv shall be provided to those countries. The data referred to in paragraph 2.xiv may be replaced by safety critical data relating to the maintenance programme.
7. This section of the Special Rail Register shall be accessible to the safety authorities and to the railway accident investigation bodies of the Member States; they shall also have access in response to a (a) on the basis of the conditions laid down in Article 1 (1) (a) of Regulation (EU) no 618/EC of the European Parliament and of the Council of the European Parliament and of the Council. verification referred to in Article 13 of Royal Decree 1434/2010 of 5 November 2010 on interoperability of the rail system of the General Interest Rail Network, as well as persons or organisations registering vehicles identified in this section. '
Final disposition third. Competence title.
This royal decree is issued pursuant to the provisions of Article 149.1 21. No. 24 and 29. of the Spanish Constitution, which confers on the State, respectively, exclusive competence in the field of railways and transport. land that passes through the territory of more than one autonomous community, in public works of general interest or whose performance affects more than one autonomous community and in public security.
Final disposition fourth. Incorporation of European Union law.
By this royal decree is incorporated into Spanish law, Commission Directive 2014 /88/EU of 9 July 2014 amending Directive 2004 /49/EC of the European Parliament and of the Council as regards the common safety indicators and common methods of calculation of the costs of accidents.
Final disposition fifth. Entry into force.
This royal decree will enter into force on the day following its publication in the "Official State Gazette".
Given in Madrid, November 6, 2015.
FELIPE R.
The Minister of Development,
ANA MARIA PASTOR JULIAN
