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Circular 74/2015/tt-Bgtvt: Troubleshooting Rules, Traffic Accidents On Rail

Original Language Title: Thông tư 74/2015/TT-BGTVT: Quy định về giải quyết sự cố, tai nạn giao thông trên đường sắt đô thị

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The CIRCULAR regulates troubleshooting, traffic accidents on rail _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law of railways on June 14, 2005;
Pursuant to Decree No. 14/2015/ND-CP dated 13 February 2015 the Government detailing the implementation of a number of articles of the law on the railways;
Pursuant to Decree No. 107/2012/ND-CP dated 20 December 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of transportation;
At the suggestion of the Director of traffic safety and Director Vietnam railway, the Minister of transport issued a circular regulating the resolve, traffic accidents on the rail.
Chapter I GENERAL PROVISIONS article 1. Scope this circular stipulates in principle, the responsibility of the individual, organization, sequence, content, measures, work analysis, statistics mode, reports on the incidents, traffic accidents occurred on the rail.
Article 2. The object that applies to this circular apply to organizations and individuals related to the activity of transport on rail.
Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. Traffic accident rail is the rail transport the municipality happens to stab each other, derailed, spilling the train, fire ships, rammed, bump into people, other transport and vice versa or transport the active rail crash , va on obstacles to harm the life, the health of people or cause damage to property.
2. The issue of rail transport is the incident occurred in the operation of transport rail interfere with running the ship but not the accident railway traffic.
3. The injured in traffic accidents the railroad town was traumatized people about health, affected the normal life due to the direct influence of railway traffic accidents.
4. Who was killed in the railway accident of the town's people were killed at the scene of the accident; the injured in the accident were taken away, but died at a hospital emergency department, at home or on the road ambulance;  the injured but fatality within 24 hours after the accident.
5. transport operations center rail is the unit tasked to command the whole operation, run the train on the rail by the management unit.
Article 4. The principle of resolving traffic accident rail 1. The settlement of traffic accident rail must ensure safe, quick and timely.
2. When the accident occurred, the rail traffic organizations and individuals involved in rail operations is responsible for coordinating resolution.
3. The organization heal right for people in distress, protect, protect the property of the State, businesses and people in distress.
4. Traffic accident rail must be informative, timely reporting for organizations and individuals involved.
5. Every organization or individual responsible for receiving the notification of an accident to rail transport to the scene to solve; not interfere with the restoration and operation of railway transportation to the municipality.
6. the President of the Council to resolve rail transportation accidents (hereinafter referred to as the President of the Council) or the person presiding is the accident settlement of business management, mining, rail operators, was right to mobilize all resources in place to cater for the traffic accident treated rail. Cases of traffic accident specially rail serious happened beyond the ability of solving business-then President of the Council to resolve crash by the provincial people's Committee to manage the railway in that municipality.
7. The organization works to restore railway traffic fastest municipality and does not cause difficulties for the work of the investigation, handling of the function body.
8. Enterprise Management, mining, rail operators must construct and enact processes respond, handling traffic accidents on the rail; the layout of the equipment, vehicles, supplies and manpower to ready response, handling, troubleshooting, traffic accidents on the rail in the scope of the business.
Article 5. The principle to resolve the issue of transportation rail 1. Rail traffic problems the municipality must be founded thereon.
2. When the issue of rail transport of the town occurred, the report by the Center rail transport operating the municipality made.
3. traffic accident incident rail must be informative, timely reporting for organizations and individuals involved.
4. The organization works to restore railway traffic, ensuring the fastest urban safety.
5. Business Management, mining, rail operation pursuant to the provisions in this circular and related legal texts formulated and issued the resolution approach, handle when the crash rail traffic.
Chapter II CLASSIFICATION and RESPONSIBILITY of RESOLVING TRAFFIC ACCIDENT RAIL article 6. Classification by cause of accident rail traffic accidents including rail accidents due to subjective and cause an accident due to objective causes: 1. subjective causes crash was an accident caused by violating the provisions of the law on railway transport organization of the municipality individuals in the business-management, mining, rail operators.
2. Accidents due to objective causes are accidents caused by unforeseen causes (natural disasters, champion graphics) or other causes beyond the subjective causes of business management, mining, rail operators.
Article 7. Classified according to the nature of the traffic accident rail rail transport accidents including the accident ran ships and other accident: 1. run the train accident is an accident happens when rail transport municipality crashing each other, derailed, spilling; crashing, bumping into obstacles and vice versa, causing damage to the life, health or property of human organization, individual.
2. other accidents are accidents of people, occurred when rail transport municipality, officer; fire ship; people jumped or fell from the top of rail transport of the town down; throw the soil, rock, or other material onto the rail transport of the town causing damage to property, life and health of humans.
Article 8. Classified according to the degree of damage due to traffic accident caused rail 1. Traffic accidents less serious rail accidents that cause damage to valuable assets from 20 million to 100 million.
2. Traffic accident is serious rail accidents have from 1 to 2 people hurt or cause damage to property value from 100 million to 1 billion.
3. Traffic accidents very serious rail accidents have 1 person die or have 3 people injured or cause damage to property valued from 1 billion to 5 billion.
4. Traffic accident specially rail is serious accidents there from 2 people died and over or having from 4 people hurt or cause damage to property valued at 5 billion or more.
Article 9. The responsibility of driving the train, safety and support staff to run the train at the station when the accident occurred the urban rail transportation 1. Organization of first aid, emergency patient, protection of the property of the State, businesses, patient as defined in article 16 of this circular.
2. Organization of crash protection as defined in article 17 of this circular.
3. information, immediately report the accident to organizations and individuals concerned as defined in section 2 of chapter III of this circular.
4. Participate in resolving traffic accident on the railway. Host solve the initial consequences of the accident when requested by the authorized person.
Article 10. Responsibility of staff running the train when the accident occurred the urban rail transportation 1. Set thereon, the report of the accident according to the form prescribed in Appendix 1 and Appendix 2 attached to this circular (if accident happens within his charge) transferred to the competent State agencies and people working with the competent State agencies as defined in section 3 of chapter III of this circular.
2. Staff running the train was the host to resolve the initial consequences of the accident ran the train if the Chairman or the person presiding over the settlement of accident has not arrived yet and who chaired the initial consequences of solving the accident train runs under the provisions of paragraph 4 of article 9 of this circular.
Article 11. The responsibility of the Business Manager, mining, rail operation 1. Business-management, mining, rail operators have the responsibility to lead and coordinate with the relevant units in local organizations resolve rail transportation accidents, organized to perform rescue operations on the rail.
2. In the event of traffic accidents on the rail, Director of business management, mining, rail operation pursuant to the cause, nature and extent of the damage to decide Council resolve crashes or assigned individuals competent to preside solve crashes.
Director business management, mining, rail operators specific provisions establishing the Council resolve accidents or delivered to the individual host to solve accidents; defined specific tasks for the Board members and units in the relevant management authority; specific provisions on work accident rescue on urban railways under the jurisdiction of the business management to ensure resolution of the consequences of the accident are quick, safe.
Article 12. The responsibilities of the members of the Board or person presiding solve accidents

1. The Chairman or the person presiding over the settlement of accidents is the highest responsibility and authority in the resolution of the accident at the scene, was right to mobilize manpower, material resources in place to heal people in distress; the necessary decisions, in cooperation with the local government agencies to solve accidents as prescribed by law and are directed to complete the following tasks: a) the Organization heal victims, protect the scene, property;
b) participated in the investigation, set up a school examination at the request of the police;
c) in collaboration with the local government agencies concerned improve legal procedures buried victims (in case of fatality victims);
d) plans heal and assigned staff convey passengers; salvage cars, wagons; the repair of bridges, roads and vehicles damaged other equipment to quickly run through the ship crashes and location; ensure safety in the process of healing;
DD) set the minutes, records of the accident; determine the volume of work, employees of participating rescue units, and rescue;
e) build report; propose the rewarding achievement and disciplined for organizations, individuals involved in solving accidents; proposed measures with the competent agency to restore normal rail operations and solve the problems that arise are relevant;
g) Organization answer the news agencies, the press on the situation of damage, direction handles, solve and expected normal operation time according to the level of rail accidents happen.
2. The members of the Council must thoroughly enforce the assignment section and the implementation of the work; every organization, the other individual involved solving the accident are subject to the direction and must obey any decision of the Chairman or the person presiding solve crashes.
3. In the case of accidents occur particularly serious nature, beyond the ability of the President of the Council, they must immediately report the Chairman of the provincial people's Committee to steer handle.
Article 13. The responsibility of the participating units operate urban railway traffic When the accident disrupted rail traffic management business, mining, rail operators, unit management, use of rail transportation, the municipality must be sent immediately to the competent person quickly arrived on the scene to capture the situation and join to solve accidents , restore traffic.
Article 14. The responsibility of the Department of Transportation Inspector When reports of accident, rail traffic inspection in local transportation must promptly send to join coordinated handling, accident settlement as proposed by the competent authorities.
Article 15. The responsibility of the people's Committee in the levels where the urban railway operation When the accident occurred, Railway Transport Committee the level where the accident occurred the urban rail transport is responsible for coordination with public safety agencies, business management, exploitation rail operators, help people in distress, to protect the property of the State, businesses and people in distress. The case of the dead unknown Frank, no relatives or non-relatives are likely buried then Sapp where the accident occurred is responsible for supporting the Organization's burial.
Chapter III the ORDER SETTLING TRAFFIC ACCIDENTS on the RAIL category 1 EMERGENCY DISTRESS, CRASH PROTECTION article 16. Emergency organizations victims 1. Drive train or secure support staff are: a) held emergency patient. Based on the actual situation, put the emergency victims or emergency mobilization of people, the media brought the victim to the nearest available medical facility to an emergency;
b) together with the Organization of the emergency were wounded, sent people to look after the victims and protect property.
2. When someone is injured in the station or on the train handed down the station staff to run the train at the station held the emergency distress.
Article 17. Defence points of accidents 1. When the accident occurred on the rail, ship or secure support staff (if the train operate in automatic drive mode no boatman) must notify staff running the Centre's Executive Board rail transport municipality that hosted the regional defence of accident and the staff running the ship for convoy behind stop the train.
2. Ship Safety support staff after the accident situation report for the staff to run an organized defense of the location of the accident, the latest defensive guns with about 200 m from the guns placed to 500 m, reassure the spirit for the passengers on board.
Section 2 NOTIFIED ABOUT the ACCIDENT Article 18. Notification sequence when the accident occurred 1. Drive train or secure support staff must notify staff running the ship.
2. Staff running the ship must give the station time zones, two top business management, mining, rail operators.
3. Business Management, mining, rail operators must notify the Organization, the following individuals: a) the people's Committee at the nearest place of accident (in case of an accident and in case of need the coordination of committees and levels) and the units concerned;
b) where police agencies.
4. The Department of transportation shall report immediately to the Ministry of transport in the event of a traffic accident serious rail.
Article 19. Notification measures 1. When the accident occurred, to quickly search all of the measures, through the news media, contact or directly to report the news of the accident to organizations and individuals concerned according to the provisions of article 18 of this circular.
2. In the case of individuals specified in article 18 of this circular may not make contact with one of the organizations, the individual concerned shall require the Organization, individuals have contacted the same coordinate, assist in the notify organizations, individuals left.
Article 20. Content information must be notified 1. The content of the initial information about the accident is timely, accurate, and includes some of the main content as follows: a) the location of accident (km, area, district, Ward, Township, district, province, City);
b) time of accident;
c) number of deaths, the number of people injured;
d preliminary field status), accident vehicles, the infrastructure is affected;
DD) other important information related to the accident that news can deliver.
2. In addition to the initial notification prescribed in paragraph 1 of this article, the staff running the ship must report accidents according to the form prescribed in annex 1 attached to this circular. The accident report is sent to the original records of the accident to the authorities as prescribed in paragraph 3 to article 22 of this circular.
3. Business Management, mining, rail operators must organize permanent Division, setting up 24-hour phone number to receive and timely reporting of information on incidents, traffic accidents on the railways and urban public phone number, fax number, e-mail address, on the mass media.
Article 21. News report about the accident every organization or individual when reports about accidents or require coordination, aid in the news must find means to follow the recommendations and report back to the person who recommended (if possible), and to implement the right jobs Professional measures, according to the rules if the accident in the scope, responsibilities. If the accident is not in scope, responsibility addressed, continue to report the news of the accident for the Organization, the individual responsible to coordinate closely support, when the Organization's proposal, individuals are responsible.
Section 3 ESTABLISHMENT of the INITIAL ACCIDENT RECORDS Article 22. Set the original record of accidents 1. Records of the accident by the police authority. Along with protecting the scene, emergency patient, informed of the accident, the ship or the safety support staff are obliged to report the situation to the scene with the operating centre of railway transport.
2. report the accident due to driving the ship or safety lap support staff, including: a) the minutes of the accident (in the form prescribed in Appendix 2 attached to this circular);
b) report by the staff of relevant urban rail (according to the form prescribed in annex 1 attached to this circular);
c) minutes of handing victims properties, and related papers.
3. report the accident was sent to the competent authority as follows: a) 1 sent the police district where the accident occurred the urban rail traffic for 12 hours from when the accident occurred;
b) 1 sent the Department of transportation;
c) 1 business management sent, mining, rail operators.
Chapter IV STATISTICS MODE, report, ANALYZE INCIDENTS, TRAFFIC ACCIDENTS on URBAN RAIL Article 23. Statistics mode, report 1. All incidents, accidents are to be set up to report as a basis for analysis, concluded the cause, general public safety situation in rail operations and urban advised the leadership levels in the work of ensuring the orderly, safe rail traffic.
2. Business Management, mining, rail operators have the responsibility to oversee the Organization of the archives, statistics, reports, general situation about the incidents, traffic accidents the railroad town.
3. Monthly, quarterly, 6 months, 9 months, and even years, enterprise management, mining, rail operators have to sum up the situation, traffic accident rail according to the rules and to report on the people's committees of provinces and cities under central management of urban railways. The reports follow the form prescribed in Appendix 3 attached to this circular.
Article 24. Analysis of incidents, traffic accidents rail 1. The issue of rail transport accidents, the municipality must be conducted analysis of causes, the study measures when handling the incident, the accident and implement these measures.

2. Business Management, mining, rail operators responsible for conducting analysis of incidents, accidents, rail traffic study measures for handling when the crash, crash and the implementation measures.
3. In the event of a malfunction, accidents from serious back-up, the people's Committee of the province, the city of centrally managing the railway Town Council decided to establish the issue analysis, traffic accident rail include: business management, agent of exploitation Railway, urban; agency representatives, relevant units and experts in the field of safety of railway transport and railway town.
Chapter V ENFORCEMENT PROVISIONS article 25. Effective enforcement of this circular is effective from October 1st 2016.
Article 26. Implementation 1. The businesses involved operate urban rail is responsible for dissemination, guidance units, organizations and individuals involved in the activity of transport rail enforcement of this circular.
2. the people's committees of provinces and cities under central have urban rail construction activities and issued regulations to coordinate troubleshooting, traffic accident under the rail authority; hosted, in cooperation with relevant agencies inspection organizations, examine the implementation of this circular.
3. in the implementation process, if there are difficulties and obstacles, the bodies, the Unit reports on the Department of transport to consider, resolve.
4. Office of the Chief Justice, the Chief Inspector, the Director of the railway Bureau Chief, Vietnam, heads of agencies, units and individuals concerned is responsible for the implementation of this circular.