Decree No. 248 / 2010 Coll.
Ordinance amending Decree No. 376 / 2006 Coll., on the Railway Safety System and Railway Transport and the Procedures for Emergency Events on Railways
Valid
Order
Effective from 30.08.2010
Text versions:
30.08.2010
248
DECLARATION
of 12 August 2010
amending Decree No. 376 / 2006 Coll., on a safety system for the operation of railway and rail transport and procedures for the occurrence of accidents on the railways
The Ministry of Transport provides pursuant to Section 66 (1) of Act No. 266 / 1994 Coll., on Railways, as amended by Act No. 23 / 2000 Coll., Act No. 77 / 2002 Coll., Act No. 103 / 2004 Coll., Act No. 181 / 2006 Coll., Act No. 191 / 2006 Coll. and Act No. 377 / 2009 Coll., ("the Act ') for the implementation of Sections 22 (5), 34h (9) and 35 (4) of the Act:
Decree No. 376 / 2006 Coll., on a safety system for the operation of railway and rail traffic and procedures for the occurrence of accidents on the runway, is amended as follows:
1. In Section 1, the introductory part of the provision reads: "This decree implements the relevant European Unionregulations (1), following the directly applicable European UnionRegulation (2) and regulars'
footnotes 1 and 2 are as follows:
"(1) 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 licensing of railway undertakings and Directive 2001 / 14 / EC on the allocation of railway infrastructure capacity, the charging of railway infrastructure and the issuing of safety certificates (Railway Safety Directive). Commission Directive 2009 / 149 / EC of 27 November 2009 amending Directive 2004 / 49 / EC of the European Parliament and of the Council as regards common safety indicators and common methods for determining damage to accidents.
(2) Commission Regulation (EC) No 653 / 2007 of 13 June 2007 on the application of a common European model for safety certificates and applications pursuant to Article 10 of Directive 2004 / 49 / EC of the European Parliament and of the Council and on the validity of safety certificates submitted pursuant to Directive 2001 / 14 / EC. "
2. In the first sentence of Article 5, the words "Annex 5 to this Decree 'are replaced by the words" a directly applicable regulation of the European Union2'.
3. In the second sentence of Section 5, the words "Annex 6 to this Decree 'are replaced by the words" a directly applicable European Union Regulation (2)'.
4. In Article 6, at the end of the text of point (a), the words "; if, on presentation of the report, the Railway Authority becomes aware of new facts or errors, it shall amend or correct the indicators for that year as soon as possible and at the latest in the following annual report '.
5. Annex 4 shall read as follows:
"Annex No 4 to Decree No. 376 / 2006 Coll.
Contents of the annual inventory of incidents....
Subscriber's designation:
The inventory shall contain common safety indicators, which shall be:
1. Severe accident indicators
For the purposes of this register, a heavy accident shall mean any accident, except in depots and workshops involving at least one railway vehicle in motion; and
(a) in which at least one person is seriously injured or killed; or
(b) where there is material damage to the groove of a vehicle, on rails, on other facilities or on the environment of at least EUR 150 000, the foreign exchange market rate published by the Czech National Bank on 30 April of the year preceding the year in which the register is submitted shall be used for the purposes of this inventory to convert the amount in EUR into the Czech currency; or
(c) which has the effect of interrupting the operation of trains on the national rail line for at least six hours.
When assessing whether there is a severe accident, only the primary accident will be taken into account, even if the consequences of the secondary accident are more serious (e.g. fire occurring during derailment).
The relative number specified in each item of this annex means the proportion of the total value of the item and the value of the train (s) kilometres on the track over the reference period.
For the purposes of this inventory, seriously injured persons are all injured persons who have been hospitalised for more than 24 hours following an accident, except those who attempted suicide.
1.1. Total and relative number of heavy accidents and their breakdown by category:
1.1.1 rainfall of railway vehicles, including rainfall with obstacles in the gauge,
1.1.2 derailment of railway vehicles,
1.1.3. Clash of railway and road vehicles at level crossings and collision of railway vehicles at these crossings with pedestrians;
1.1.4. Death (except suicide) or serious personal injury
(a) caused by a vehicle in motion; or
(b) caused by an object attached to a groove vehicle or an object which has been separated from the groove vehicle; or
(c) the fall of a person from a moving groove vehicle;
1.1.5 fires and their costs, except in depots and workshops,
1.1.6 Other.
1.2. Total and relative number of persons seriously injured and killed according to the following categories:
1.2.1 passengers (also in relation to the total number of passenger and train kilometres in passenger transport), including persons who jump into or jump out of a moving train vehicle,
1.2.2 persons carrying out activities to ensure the operation of the runway and rail transport,
1.2.3. Level crossing users,
1.2.4 persons who are illegally present in the circumference of the runway,
1.2.5 others.
2. Indicators of accidents in the transport of dangerous goods;
2.1 The total and relative number of accidents in the transport of dangerous goods to be reported under Section 1.8.5 of the Regulations on the International Carriage of Dangerous Goods by Rail, published by the Communication of the Ministry of Foreign Affairs No. 22 / 2010 Coll. in the following categories:
2.1.1 accidents involving at least one railway vehicle carrying dangerous goods;
2.1.2. Number of accidents in accordance with 2.1.1. Where dangerous goods have been released.
3. Self-inflicted indicators where the killing was caused by a moving groove vehicle
Total and relative suicide rate.
4. Other incident indicators
Total and relative number of events, regardless of whether they led to an accident, namely:
4.1. Rail refraction caused by separation into two or more pieces or consisting of separation of a piece of metal in which a gap of more than 50 mm and a depth of more than 10 mm is formed on the top of the rail,
4.2 defects in the geometrical position of the track which require the exclusion of the track or the immediate reduction of the permitted speed to maintain safety,
4.3 failure of the signalling systems leading to the fact that the signal information is not restrictive enough to guarantee the safety of rail transport operations,
4.4. Passed signals prohibiting the journey, except for a groove vehicle without an attached traction unit or a groove vehicle without operator and where, for any reason, the signal is not changed to a driving ban in time so that the driver can stop the train before the signal,
4.5. Fractions of wheelsets and axles for operated grooves causing accident (derailment or collision).
5. Indicators for determining the economic impact of heavy accidents
Total (CZK) and relative costs associated with:
5.1. Number of deaths and serious injury to persons multiplied by the value of accident prevention (VPC); The VPC shall consist of an estimate of the average direct and indirect economic costs of one death or serious injury, consisting of the costs of medical care and rehabilitation of injured persons, the costs of burial and compensation of survivors under the Civil Code, the costs of proceedings, the costs of emergency services and the administrative costs of insurance linked to death or serious injury, and the production losses arising from the social value of the goods and services which could have been produced and provided by the person concerned if the accident had not occurred,
5.2. Cost of damage to the environment, which is the cost of rail operator and rail transport to put the damaged area in place before the accident,
5.3. Costs for the removal of damage to the track grooves or roads, including costs associated with the rental of the railway vehicle by replacement for damaged vehicles;
5.4. The cost of delays, which is the cost of compensation and the provision of other services to passengers in the event of train delays, the provision of replacement transport and freight transport compensation for exceeding the delivery period or damage and degrading the consignment due to delays.
6. Indicators concerning the technical safety of the runway
6.1. Percentage of lines operated by automatic train protection (ATP) and percentage of train kilometres operated on lines operated by ATP; automatic train signalling equipment means a system which forces the listen to and speed limitation by checking the signals, including the automatic stop before the signals.
6.2 Number of level crossings (total number, per kilometre of track and kilometre of track) according to the following categories:
6.2.1 level crossing with a safety device:
6.2.1.1 automatically operated without a barrier,
6.2.1.2 controlled by automatic driving without warning lights,
6.2.1.3 operated automatically by driving with barriers and warning lights,
6.2.1.4 operated automatically by driving with barriers and warning lights and rail protection equipment, which means a signal or other train protection system which allows the train to continue only when the level crossing is secured and undisturbed, while the integrity is ensured by means of surveillance or obstacle detection system;
6.2.1.5 operated by operator without bolt,
6.2.1.6 operated by operator with barriers without warning lights,
6.2.1.7 operated by operator with barriers and warning lights.
6.2.2 level crossing without a secure device (i.e. only secured by an alert cross).
7. Safety indicators
Internal controls carried out by railway operators and railway transport according to the documentation of the safety management system. The total number of internal controls carried out and that number expressed as a percentage of internal controls prescribed or planned. ';
6. Annex 5 is deleted.
7. Annex No 6 is deleted.
Transitional provision
An overview of the incidents during the previous calendar year, as set out in Annex 4 to Decree No. 376 / 2006 Coll., on the safety system for railway operation and rail transport and on the procedures for the occurrence of railway accidents, as amended by that Order, shall apply for the first time for 2010.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
JUDr. Barta v. r.
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Regulation Information
| Citation | Decree No. 248 / 2010 Coll., amending Decree No. 376 / 2006 Coll., on the Railway Safety System and Railway Transport, and the procedures for the occurrence of accidents on rails |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.08.2010 |
|---|---|
| Effective from | 30.08.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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