Decree of the Ministry of Transport and Communications No. 361 / 2001 Coll.
Decree of the Ministry of Transport and Communications on the method of detecting incidents in railway transport
Valid
Order
Effective from 01.01.2002
361
DECLARATION
Ministry of Transport and Communications
of 25 September 2001
on the method for detecting incidents in railway transport
The Ministry of Transport and Communications, after consulting the Ministry of the Interior, provides, pursuant to § 66 (5) of Act No. 266 / 1994 Coll., on Railways, as amended by Act No. 23 / 2000 Coll., hereinafter referred to as "the Act ', for the implementation of § 49 of the Act:
Subject matter
(1) The Decree provides for the method of determining the causes of an emergency in the operation of the railway (Section 2 (3) of the Act) and the operation of railway transport (Section 2 (4) of the Act) on railway, tramway, trolleybus and cableway rail ("exceptional occurrence").
(2) The method of determining the causes of the occurrence of an incident shall include the reporting of an incident, the procedure for the receipt of the emergency site documentation, the identification of the causes and circumstances of the occurrence of an incident and the emergency prevention measures.
Types of emergency in railway transport
(1) Exceptional events are divided into:
(a) group "A" - exceptional occurrences arising from the movement of a groove vehicle resulting in a serious accident;
(b) group "B" - exceptional occurrences caused by the operation of the runway and rail transport, independently of the movement of the railway vehicle resulting in a serious accident;
(c) group "C" - other incidents caused by the operation of the runway and rail transport which did not result in a serious accident.
(2) A serious accident means a collision of a railway vehicle with another railway vehicle or an obstacle to the road or derailment of railway vehicles resulting in at least one person killed or serious injury to health1a) in more than four persons or significant damage to property. 1) A person who has died in an emergency or who has suffered a disability in the event of such an emergency, the result of which the person has died within 30 days of the emergency.
(3) For the purposes of this Decree, the records of incidents in railway transport are set out in Annex 2 to this Decree.
Method for determining the causes of an emergency in the operation of the runway and railway transport
Where an exceptional occurrence occurs in the operation of a runway or railway transport operation, the railway operator and the carrier shall ensure that any member of staff involved in the operation of a runway or railway transport activity immediately announces the occurrence of such an event at the designated reporting centre, provided that it has been established or has become credible.
Announcement of an emergency in the operation of the runway and the operation of railway transport
(1) The railway operator and the carrier shall establish a reporting centre to ensure the occurrence of an emergency according to the activity carried out in the course of the business. If the railway operator and the carrier are not the same person, the content of the contract concluded for the operation of railway services under § 23 (1) (a) of the Act may also be the establishment of a common reporting centre.
(2) After the occurrence of an emergency in the operation of the runway and railway transport, the reporting centre shall, according to its nature, immediately implement measures to prevent further damage, also to report the occurrence of an emergency
(a) an operational and information centre of the Czech Fire Rescue Corps, or a medical emergency service, if necessary, to provide rescue work (1), and if they cannot be carried out by their own means by the railway operator and carrier;
(b) The police of the Czech Republic, if there is an emergency with the consequences of death, harm to health, significant damage to property (2) or to the environment, and in all cases where there is a reasonable suspicion that an incident occurred as a result of a criminal offence. The notification shall state the date, time and place of occurrence of the incident, its brief description and consequences.
(3) The detailed emergency reporting procedure shall be governed by the rules of organisation or by the internal rules of the railway operator and the carrier. The railway operator and the carrier shall issue their own organisational measures in the form of a reporting schedule for the rapid notification of an emergency. The reporting schedule shall be accessible at all workplaces entrusted by the railway operator and the carrier with emergency reporting. The model of the reporting schedule is set out in Annex 1 to this Decree.
(4) The owner of the track and the owner of the groove vehicle shall report an emergency in the operation of the runway or the operation of the runway as referred to in paragraph 2 (a). (b) The police of the Czech Republic, if it has become credible about its creation, if the exceptional event affects the rail or railway vehicle that it owns.
(5) The provisions of paragraphs 1 to 4 are without prejudice to the reporting obligation
(a) the occurrence of an incident under special legislation, 3)
(b) the creation of an accident at work under specific legislation.4)
(1) The railway operator or carrier shall notify the occurrence of an emergency in the course of the operation of the runway or railway transport, in accordance with the activity carried out in the course of the course of business, without undue delay after the facts referred to in paragraph 2 have been established.
(2) The notification submitted by the Rail Inspection Service by telephone or by electronic remote connection or telecommunications equipment (telex, fax) shall state the date, time and place of occurrence of the incident, its brief description and consequences, i.e. the number of persons killed and injured, the preliminary damage and the expected time of limitation or stop of the runway.
Procedure for the receipt of documentation at the emergency site
(1) The railway operator and the carrier shall delegate to their staff qualified to carry out an activity carried out within the scope of the business in order to secure an emergency site and to obtain documentation on the status of the rail operator and the organisation of the railway transport, the state of the railway construction, the construction on the track and the train vehicle in connection with the occurrence of an emergency and the cause of the event. At the request of the Railway Inspection staff, authorised railway operator and carrier staff shall allow them to consult the evidence of the knowledge found in relation to the technological processes used in the operation of the runway and railway transport, the state of the track construction, the construction on the track and the track and the train vehicle in connection with the occurrence of an emergency and its nature (e.g. records of employees' statements, evaluation of electronic records of the operation of the equipment, evidence of the state of the designated technical equipment, records of the condition of the installation, measurement protocols) and to handle on-site their requests.
(2) Changes to the original emergency site status shall be permitted until the arrival of the law enforcement authorities and the Railway Inspection staff, only after the agreement of the master of the intervention of the components of the integrated rescue system, 5) and if they do not interfere with those constituents, after the agreement of the railway operator's or carrier's or the staff of the Railway Inspection Officer responsible for identifying the causes and circumstances of the emergency, if the rescue work is carried out, 1) or in accordance with the provisions of specific legislation.6) In such cases, a sketch shall be drawn up indicating the original situation and the removal work carried out to restore the operation of the runway and the railway transport, where appropriate the location (s) shall be documented by technical means. The staff member who gave the order or consent to make the changes shall be responsible for the creation of a sketch and documentation of the emergency site.
(3) An authorised staff member at the scene of an emergency according to his nature
(a) prevent the movement of all participating traction and other vehicles and the movement of emergency-related items until consent has been given to the start of the clearance work, except where this is necessary for the implementation of rescue work (1), or where specific legislation so permits, 6)
(b) indicate the places and positions of the persons and items that have to be moved in the course of the rescue work;
(c) collect available written documents, recordings of recording equipment used in the operation of the runway and railway transport and records of the speedometer of the railway vehicles so as to prevent their loss, deterioration or additional modification;
(d) provide signs of derailment of the groove vehicle before they are degraded, including sufficient space before and behind the derailment site, and document them;
(e) identify and document the state of the communication and signalling equipment on the runway, in particular the state of the safety conclusions, the counters, the state of the signals, the position of the switches; ensure an electronic record of the operation of the installation;
(f) identify and document all available circumstances of the occurrence of an emergency, the conduct of the incident participants and the effects of the surrounding area on the operation of the runway and runway;
(g) request identification of the staff involved and, where appropriate, other persons who are witnesses to an emergency;
(h) order an indicative breath test to be carried out by participating railway operator and carrier staff for the consumption of alcohol; in case of suspicion of alcohol or other addictive substances, professional medical examinations must be carried out on the staff member;
(i) decide on the continuation of the work of the participating railway operator's and carrier's staff who are demonstrably upset by the occurrence of an emergency or who may be assumed to be responsible for its occurrence, if an emergency occurs as a result of death, injury to health or significant damage to property and if the work of rescue is not involved, 1)
(j) produce documentation of the state of the track construction, track construction, equipment and groove vehicle concerned at the time of the occurrence of the emergency;
(k) make an estimate of the damage suffered.
Detection of causes and circumstances of an incident
(1) The railway inspection shall examine the causes and circumstances of the incidents in rail transport on the national, regional and trawl routes of groups "A 'and" B'. In doing so, it shall supervise the activities of the railway operator and carrier referred to in paragraph 3 and shall operate independently of the administrative and criminal authorities.
(2) A railway inspection may also take over the identification of the causes and circumstances of incidents in railway transport to the extent that:
(a) in groups "A" and "B" on a special track, tram, trolleybus and cable;
(b) in group "C" on all tracks, if:
1. their cause is repeated and is in direct connection with shortcomings in the system of organisational or technical ensuring the safe operation of the runway and railway transport;
2. the exceptional event has an impact on the safe operation of the runway and rail transport on the whole track, or if there is an exceptional incident in group "C," which could lead to a serious accident under changed conditions,
3. in the case of an emergency, the railway operator, carrier or railway administration has requested to identify the causes and circumstances of the occurrence.
(3) The railway operator and the carrier, according to the activity carried out in the course of the business, shall ensure that, when an emergency occurs on the track construction or track construction carried out by the railway undertaking, an investigation is carried out on the causes and circumstances of the incident and its responsibility for its occurrence.
(4) The documentation of the state of the railway buildings, railway structures or railway vehicles and a description of the circumstances of the occurrence of the incident, the actions of the persons concerned relating to the occurrence of the event and the effects of the surrounding traffic in connection with the occurrence of the incident shall be kept in a file which includes the results of the investigation of the circumstances and the likely causes of the occurrence of the incident, the records taken, the estimate of the damage suffered, its actual amount and the proposal for liability for the occurrence of the incident.
(5) When determining the cause of an emergency, the railway operator and the carrier shall, according to the subject matter of the business, assign a qualified staff member to evaluate in particular:
(a) the results of the emergency site examination;
(b) the documentation and records collected,
(c) the results of the on-site measurements, the results of the inspection of the technical condition of the groove vehicle or equipment and the records carried out on the state of the runway, the technical condition of the vehicle or equipment;
(d) explanation of the staff involved in the event of an emergency in connection with the performance of their duties and any comments by other persons.
(6) On the basis of the assessment of the facts referred to in paragraph 5 and their comparison with the reference facts laid down by technical regulations, (7) the technical standards and internal rules of the railway operator or of the carrier shall determine, in accordance with the activity carried out in the course of the business, the cause and responsibility for the occurrence of the incident.
(7) The assessment of an emergency referred to in paragraph 6, including the determination of liability for an incident, shall be sent within 60 days of the occurrence of the incident to the statutory authority of the railway operator or carrier according to the activity carried out in the course of the business to ensure preventive measures. The evaluation shall also be sent to the Railway Inspection and Administrative Board according to its competence.
(8) The provisions of paragraphs 1 to 7 shall be without prejudice to the detection of the causes of fires and the processing of documentation on the progress of rescue and disposal operations or the detection of the causes of accidents at work under specific legislation. 8)
(9) The Railway Inspection staff shall, in particular, supervise the correctness and completeness of the railway operator's and carrier's procedures in determining the causes and circumstances of an emergency on the ground of its formation and in evaluating them in accordance with the provisions of Sections 5 and 6.
Emergency prevention measures
(1) On the basis of an assessment of the causes of the incident and of the identified responsibilities, the railway operator or carrier shall take action to prevent exceptional occurrences according to the activity carried out in the course of business and shall ensure regular monitoring of the implementation of the measures issued.
(2) If it is found in an emergency investigation that its cause is a source of danger outside the scope of the railway operator or carrier, the railway operator or carrier shall, according to the activity carried out in the course of the business, initiate an administrative procedure to remove the source of danger to the railway operator or carrier (Section 10 of the Act).
(3) The railway inspection shall be authorised to require the railway operator and the carrier, on the basis of the activity carried out in the course of the business and the nature of the emergency, to remove and correct the deficiencies identified, their causes and the harmful consequences, or to impose measures to eliminate and remedy them. On the basis of this request, the railway operator and the carrier shall, taking into account the assessment of the causes of the incident and the responsibilities identified, take appropriate action to prevent incidents and ensure regular monitoring of their compliance, and, where appropriate, ensure compliance with the measures identified by the Rail Inspection.
Common and final provisions
(1) If the railway operator and the carrier are not the same person, the detailed arrangements for the relations between the rail operator and the carrier in the event of accidents in the railway transport are the content of the contract for the operation of the railway transport concluded under § 23 (1) (a) of the Act.
(2) If an emergency occurs when a train is operated on a road track, it shall be carried out simultaneously in accordance with the provisions of a specific legislation. 9)
(3) The provisions of this Decree are without prejudice to the procedures for the occurrence of an emergency in the course of the operation of railway traffic across national frontiers, which are laid down in the relevant international treaties (10) and by which the Czech Republic is bound, and the relevant arrangements of national rail hauliers concluded under international agreements.
(4) The provisions of this Decree are without prejudice to the procedures laid down in the specific legislation11) when an emergency occurs during the operation of the runway and the operation of the railway transport which took place in the transport of nuclear materials and radionuclide radionuclide radionuclides.
(5) The implementation of rescue and prevention work through integrated rescue systemcomponents (12) is governed by specific legislation. 13)
(6) The railway operator and the carrier shall keep a record of each incident, its causes and consequences, as part of the emergency prevention measure, on the basis of substantive competence. The National and Regional Railways shall draw up an inventory for the calendar year to the extent set out in Annex 2 to this Regulation and shall be sent within 90 days of the end of the calendar year of the Rail Inspection.
Efficacy
This Decree shall take effect on 1 January 2002.
Minister:
Ing. Schling v. r.
Příloha č. 1
Annex No 1 to Decree No 361 / 2001 Coll.
Model Announcement Schedule
Příloha č. 2
Annex No 2 to Decree No 361 / 2001 Coll.
An overview of the events in the year.....
Rail operator, carrier:
I. Information on accidents
1. Total and relative number 1) accidents in the following types:
1.1. rainfall of railway vehicles, including rainfall with obstacles occurring in the gauge;
1.2. derailment of railway vehicles;
1.3. Clash of railway and road vehicles at level crossings, including collision of railway vehicles with pedestrians at level crossings;
1.4. Cases of death or serious harm to the health of persons caused by moving vehicles;
1.5. fire in the train vehicles.
Note:
Only the primary accident will be taken into account, even if the consequences of the secondary event are more serious (for example, fire occurring after derailment).
2. Total and relative number (1) of persons who have been killed or suffered serious harm to their health, depending on the type of accident, and who are subdivided into the following groups:
2.1. Passengers (also in relation to the total number of passenger kilometres);
2.2. Employees, including contractors;
2.3. Level crossing users;
2.4. unauthorised persons occurring within the circumference of the runway;
2.5.
II. Data on other incidents
1. Total and relative count 1) rail breaks, track deflection and failure of signalling (signalling) systems.
2. Total and relative number 1) of lights which prohibit driving.
3. Total and relative number 1) wheel and axle quarries on the vehicle park in operation.
III. Consequences of accidents
(1) Total and relative cost (1) of all accidents reported in crowns involving, if quantified, the following costs:
1.1. Refunds for the killing and injury of a person;
1.2. Compensation for loss or damage to the property of passengers, employees or third parties, including compensation for environmental damage;
1.3. Costs of putting into its original state or acquisition of the same or similar item in the case of damaged vehicles and parts of the road;
1.4. Cost of delays, disruption and re-routing of rail transport, including additional costs for employees and reduction of revenue from loss of reputation.
Note:
These costs include compensation for compensation or compensation received from third parties, such as drivers of motor vehicles involved in traffic accidents at level crossings. Refunds received in the form of insurance premiums paid under insurance contracts concluded by carriers or rail operators shall not be deducted.
2. Total and relative hours of staff employed by the railway operator, the carrier or their suppliers, not worked for obstacles to work as a result of major accidents occurring during the reference period.
1) § 2 (c) of Act No. 239 / 2000 Coll., on the Integrated Rescue System and on the amendment of certain laws.
1a) Paragraph 89 (7) of Act No. 140 / 1961 Coll., Criminal Act, as amended by Act No. 175 / 1990 Coll. and Act No. 557 / 1991 Coll.
2) Paragraph 89 (11) of Act No. 140 / 1961 Coll., Criminal Act, as amended by Act No. 238 / 1999 Coll. and Act No. 265 / 2001 Coll.
3) For example, Sections 5 (1) (h) and 18 (c) of Act No. 133 / 1985 Coll., on Fire Protection, as amended by Act No. 237 / 2000 Coll., § 24 (2) (b) of Act No. 239 / 2000 Coll.
4) § 133c of the Labour Code. Decree No. 110 / 1975 Coll., on the registration and registration of accidents at work and on the reporting of accidents at work (accidents) and technical equipment failures, as amended by Decree No. 274 / 1990 Coll.
5) § 19 of Act No. 239 / 2000 Coll.
6) Paragraph 47 (4) (b) of Act No. 361 / 2000 Coll., on road traffic and on amendments to certain laws. § 49 paragraph 3 (c) of Act No. 266 / 1994 Coll., on Railways, as amended by Act No. 23 / 2000 Coll.
7) Article 3 of Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Acts, as amended by Act No. 71 / 2000 Coll.
8) For example, Act No. 133 / 1985 Coll., as amended by Act No. 425 / 1990 Coll., Act No. 40 / 1994 Coll., Act No. 203 / 1994 Coll., Act No. 163 / 1998 Coll., Act No. 71 / 2000 Coll. and Act No. 237 / 2000 Coll., Act No. 239 / 2000 Coll., § 133c of the Labour Code, Decree No. 110 / 1975 Coll., as amended by Decree No. 274 / 1990 Coll.
9) § 47 of Act No. 361 / 2000 Coll.
10) Communication No 63 / 2001 Coll., on the negotiation of the Treaty between the Czech Republic and the Federal Republic of Germany on rail transport across common national borders and on light rail transport. Communication No. 129 / 1996 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Slovak Republic on rail transport across national borders. Decree No. 85 / 1964 Coll., on the Agreement between the Czechoslovak Socialist Republic and the Republic of Austria on the adaptation of the border crossing of railways, as amended by Decree No. 3 / 1968 Coll. Notice from the Federal Ministry of Foreign Affairs that on 19 November 1971 the Agreement between the Federal Ministry of Transport of the Czechoslovak Socialist Republic and the Ministry of Transport of the People's Republic of Poland on mutual rail transport was signed in Warsaw (registered in the amount of 16 / 1972 Coll.).
11) Act No. 18 / 1997 Coll., on the Peaceful Use of Nuclear Energy and Ionizing Radiation (Atomic Act) and amending and supplementing certain laws, as amended by Act No. 83 / 1998 Coll., Act No. 71 / 2000 Coll. and Act No. 132 / 2000 Coll. Decree No. 143 / 1997 Coll., on the transport and transport of designated nuclear materials and designated radionuclide radionuclide radionuclides. Decree No. 219 / 1997 Coll., on details to ensure emergency preparedness of nuclear installations and sites with sources of ionising radiation and on requirements for the content of the internal emergency plan and the emergency order.
12) § 4 of Act No. 239 / 2000 Coll.
13) For example, Act No. 133 / 1985 Coll., as amended, Act No. 239 / 2000 Coll.
1) The relative number shall be determined as a proportion of the total value of the item and the value of the train (s) kilometres on the total track over the reference period.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Ministry of Transport and Communications No. 361 / 2001 Coll., on the method of detecting incidents in railway transport |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.10.2001 |
|---|---|
| Effective from | 01.01.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0