Decree No. 376 / 2006 Coll.
Ordinance on the security of rail and rail traffic operations and on the procedures for the occurrence of accidents on railway
Valid
Order
Effective from 01.08.2006
Zobrazeno prvních 200 z celkem 249 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
376
DECLARATION
of 17 July 2006
on ensuring the safety of rail and rail traffic operations and procedures for the occurrence of rail incidents
The Ministry of Transport provides, pursuant to Article 66 (1) and (4) 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. 194 / 2010 Coll., Act No. 134 / 2011 Coll., Act No. 64 / 2014 Coll., Act No. 319 / 2016 Coll., Act No. 367 / 2019 Coll., and Act No. 426 / 2021 Coll., (hereinafter "Act ') for the implementation of Sections 19 (7), § 53b (7), § 53d (6), § 55 (8) and § 66 (4):
Subject matter
This decree implements the relevant provisions of the European Union1) and provides for
(a) a model certificate from a national or regional railway operator;
(b) the content of the annual railway safety report and the annual safety report of the railway transport operation;
(c) the content of the annual activity report of the Dresden Office;
(d) model of the DCI card;
(e) the procedure for the occurrence and on-the-spot action, the competence to identify their causes and circumstances and measures to prevent incidents;
(f) details of the report on the initiation of the emergency investigation and final reports on the results of the emergency investigation.
Model railway operator certificate national or regional
A model certificate from a national or regional railway operator is given in Annex 3 to this Decree.
Content of the annual report on the safety of rail operation or railway transport
(1) The annual report on the safety of railway operation national or regional shall include an evaluation of the state of the railway safety management system, at least:
(a) information on the achievement of the safety objectives set by the railway operator and information on the implementation of the plan of measures to ensure the safety of the operation of the national or regional runway and runway on these runways;
(b) an overview of the accidents for the previous calendar year as set out in Annex 4 to this Decree;
(c) the results of internal checks on the railway safety management system;
(d) data on defects and failures in the operation of the runway which may have resulted in an accident or serious accident;
(e) a report on the application of the relevant common safety methods (14).
(2) The annual report on the safety of the operation of railway services on the national or regional rail shall include an evaluation of the state of the railway safety management system, at least:
(a) information on the achievement of the safety objectives set by the carrier and information on the implementation of the plan of measures to ensure the safety of the operation of the national or regional rail and runway services on those routes;
(b) an overview of the accidents for the previous calendar year as set out in Annex 4 to this Decree;
(c) the results of internal checks on the railway safety management system;
(d) data on defects and failures in the operation of railway services which may have resulted in an accident or serious accident;
(e) a report on the application of the relevant common safety methods (14).
Content of the Annual Activity Report of the Dresden Office
The annual report of the Railway Authority shall include information on the activities of the Railway Authority on the railway and rail safety section of the national and regional rail, at least on:
(a) the development of safety on the national and regional railway track, including a record of accidents in the previous year, in accordance with Annex 4 to this Regulation, on the national and regional rail; if, on presentation of the report, the Railway Authority becomes aware of new facts or errors, it shall amend or correct the indicators for the year in question as soon as possible and at the latest in the following annual report;
(b) significant changes in the legislation on the safety of rail and rail traffic on the national or regional rail;
(c) developments in the area of the certification of the railway operator national or regional and the certificate of the carrier;
(d) the results and experience gained from the exercise of State control over the activities of national and regional railway operators and railway carriers on those routes, carried out by the Railway Authority;
(e) experience of carriers and railway operators applying the relevant common safety methods (14).
Model of DCI licence (K § 53d (6) of the Act)
Model of the inspector's licence The railway inspection is set out in Annex 5 to the Order.
Procedure for the occurrence of an emergency in railway transport
(1) The rail operator and the carrier shall establish separate or joint reporting centres to ensure the occurrence of an emergency according to the activity carried out in the course of the business.
(2) In the event of an exceptional occurrence in the operation of a runway or railway transport operation, the railway operator and the carrier shall ensure that any member of staff or person in contract with the railway operator or carrier involved in the operation of a runway or railway transport operation immediately notifies the occurrence of such an event at the designated reporting point if it has been established themselves or has become credible.
(3) The notification of an emergency pursuant to Section 49 (3) (a) of the Act shall state the date, time and place of occurrence of the incident, the description of its course and the consequences, i.e. the number of persons killed and injured, the forecast estimate of the damage and the estimated duration of the restriction or stop of the railway transport, the name and contact details of the notifier.
(4) The railway operator and the carrier shall establish their own organisational measures in the form of a reporting schedule for the rapid notification of an emergency. The reporting schedule shall be part of the railway safety management system and the operation of railway transport; must be updated at least once a year and must be accessible at all sites entrusted by the railway operator and the carrier with emergency reporting.
(5) If, following the occurrence of an emergency, the railway inspection does not commence an emergency investigation at the site of its establishment, it shall without delay give its consent to the notifier to release the runway.
Emergency site measures
(1) In order to identify the causes and circumstances of an emergency arising from the operation of the runway and the operation of the runway, the railway operator and the carrier shall be entrusted, separately, by the person competent for the activity carried out in the course of the business; an authorised professional person means an employee or person in another contractual relationship with a railway operator or carrier (hereinafter referred to as "the authorised person '). The authorised person shall be authorised to secure an emergency site, to procure documentation of the track security and service procedure and the organisation of railway transport, the state of the railway construction, the construction of the runway and the train vehicle in connection with the occurrence of the emergency and the cause of the incident, to evaluate the causes and circumstances of the incident and to propose responsibility for its occurrence.
(2) Upon request of the Railway Inspection staff, the authorised person will allow them to consult all documents relating to the occurrence of an incident, in particular the records of staff statements, the evaluation of electronic records of the operation of the equipment, the evidence of the state of the designated technical equipment, the records of the condition of the equipment, the measurement protocols, the provision of copies, extracts or photographs, and the on-the-spot processing of their requests.
(3) Changes to the original emergency site status are permitted until the arrival of the law enforcement authorities and of the Rail Inspection staff, only after the agreement of the master of the intervention of the integrated rescue system5). If these persons do not interfere, the changes to the initial status of the emergency site shall be permitted after the agreement of the authorised person of the railway operator or of the carrier referred to in paragraph 1, if applicable, to carry out the rescue work (4) or in accordance with the provisions of specific legislation6). In such cases, a sketch shall be drawn up by the authorised person indicating the original situation and the removal work carried out to restore the operation of the runway and the runway, or where appropriate, the location (s) shall be documented by technical means. The issuing authority shall be responsible for drawing and documenting the emergency site.
(4) The person responsible for the incident shall, according to his or her nature, follow the instructions of the law enforcement authorities and of the Railway Inspection staff, if they are present, in particular:
(a) prevent the movement of all participating traction and other vehicles, handling controls and any operator of the participating devices having an impact on the emergency and the movement of items related to the emergency, until consent has been given for the start of clearance operations, except where this is necessary for the implementation of rescue work (4) or where the provisions of specific legislation6 so permit;
(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 a groove vehicle before they are degraded, including sufficient space before and behind the derailment site, and record them in the drawing or take photo documentation;
(e) identify and record the state of the communication and signalling equipment on the track, 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 and its evaluation;
(f) identify and record all available circumstances of an emergency, the state of the traction line on the electrified track, the conduct of the emergency participants related to the occurrence of the event and the effects of weather conditions and the surrounding effects on the operation of the runway and runway;
(g) request the identification data of the staff involved and of the other participants in the emergency and, where appropriate, other persons who are witnesses to the emergency; identification data means names and surnames, date of birth and address of residence, employer's name and place of work;
(h) ensure that an indicative breath test is carried out on the staff involved of the railway operator and the carrier for the consumption of alcohol or other addictive substances; in case of suspicion of alcohol or other addictive substances, a professional medical examination by a medical practitioner or by a doctor shall be provided as determined by the law enforcement authorities;
(i) decide on the continuation of the work of participating railway operator and carrier staff who are demonstrably upset by the occurrence of an emergency or who may be expected to be responsible for its occurrence, if an emergency is the result of death, injury or material damage to the property and if the work of the rescue is not the case (4);
(j) produce documentation of the state of the road, track construction, equipment and traction vehicle concerned at the time of the emergency;
(k) make an estimate of the damage suffered.
(5) For the purposes of this Order, a participant in an emergency shall mean the natural and legal persons concerned by or involved in the occurrence of an incident.
Jurisdiction to identify causes and circumstances of an incident
(1) The railway operator and the carrier, according to the activity carried out in the course of the business, shall ensure that, when an incident occurs on the track operated by the railway operator, the cause and circumstances of the incident and the responsibility for its occurrence are established.
(2) The documents established in accordance with Article 9 (4) shall be kept by the authorised person in the file, which shall include the results of the analysis of the circumstances of the occurrence of the incident and of the probable causes, the records taken, the estimate of the damage suffered, its actual amount and the application for liability for the occurrence of the incident.
(3) When determining the causes and circumstances of an incident, the authorising officer shall, in particular:
(a) the results of the examination of the emergency site;
(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 made on the track construction condition, the technical condition of the vehicle or parts of the road;
(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.
(4) On the basis of the analysis of the facts referred to in paragraph 3 and their comparison with the reference facts established by the technical and operational interconnections specifications (7), technical regulations (8), harmonised or designated technical standards (9) and internal rules of the railway operator or carrier, the authorised person shall determine in the assessment of the cause of the incident and propose responsibility for its occurrence.
(5) The assessment of the causes and circumstances of an incident shall include the facts established and documented in the identification of the causes and circumstances of an incident, in particular:
(a) identification of the type of incident, date, time and place of origin;
(b) a description of the event and its location, including the activity of the integrated rescue and rescue services, if these components have intervened;
(c) the identification data of the participants in the emergency, which means the name and surname, date of birth, address of residence, employer's name and registered office, data relating to railway vehicles, equipment and other technical and transport vehicles;
(d) the consequences of an emergency on the health of persons, the quantification of the damage to property by owner;
(e) the period of interruption and limitation of the operation of railway transport, the use of alternative means of transport;
(f) the method of restoring the operation of the runway and rail transport;
(g) the data, causes and circumstances of the emergency, activation of the integrated rescue system plan and medical emergency services,
(h) the identification of liability for an incident, specifying the provisions of laws, regulations and harmonised or specified technical standards which have not been complied with;
(i) if the exceptional event was caused by a failure of the human factor, an assessment of the health status and the personal situation of the participants in the event which affected the event, including physical and psychological stress;
(j) draft corrective measures to prevent emergencies, including draft deadlines for their implementation;
(k) the date and place of completion of the evaluation, the name and signature of the authorised person;
(l) the signature of the statutory authority of the railway operator or of the carrier according to its substantive competence.
(6) The assessment of the causes and circumstances of a serious accident or accident shall be sent by the railway operator or carrier, as appropriate, within 60 days of the occurrence of an emergency by the Rail Inspection and the Administrative Office. If the 60-day period cannot be met, the railway operator or the carrier of the Rail Inspection and the Administrative Board shall notify the expected later date of the evaluation including the reason for the extension of the deadline. An assessment of the causes and circumstances of the incident shall be sent by the railway operator or the carrier to the Railway Inspection and Administrative Office only on request.
Forms of the report on the initiation of an emergency investigation (K § 53b (7) of the Act)
The details of the report on the initiation of an emergency investigation by the Rail Inspection Agency of the European Union for Railways are:
(a) the date, time and place of the emergency;
(b) its description,
(c) the consequences of killing, injury and a preliminary estimate of damage;
(d) other information provided by the European Union Railway Agency.
Final report on the results of the emergency investigation (K § 53e (6) of the Act)
The details of the final report on the results of the emergency investigation are set out in the directly applicable European Union emergency reporting regulation (15).
Emergency prevention measures
(1) The railway operator and the carrier shall, taking into account the assessment of the causes and circumstances of the occurrence of an incident, take appropriate measures to prevent incidents and ensure regular monitoring of their compliance, where appropriate on the basis of a safety recommendation from the Rail Inspection Board.
(2) The rail 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.
(3) If it is found, when determining the causes and circumstances of an incident, that the source of the threat is 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 eliminate the source of the risk to the railway (Section 10 of the Act).
Common provisions
(1) If an emergency occurs in the operation of a track-based train vehicle on the road, the provisions of Section 49 of the Act and of the Special Legislative Regulation (11) are followed.
(2) The provisions of this decree are without prejudice to the procedures for the occurrence of an emergency during the operation of railway traffic across national frontiers, which are laid down in the relevant international treaties (12) by which the Czech Republic is bound, and to the relevant arrangements of railway operators crossing national borders concluded under international agreements.
(3) The provisions of this Decree are without prejudice to the procedures laid down in the specific legislation13) in the event of an emergency in the course of the operation of the runway and the operation of the railway transport in the transport of nuclear materials and radionuclide radionuclides.
Repeal
The following shall be deleted:
1. Decree No. 361 / 2001 Coll., on how to detect incidents in railway transport.
2. Decree No. 442 / 2002 Coll., amending Decree No. 361 / 2001 Coll., on the method of detecting incidents in railway transport.
Efficacy
This Decree shall take effect on 1 August 2006.
Minister:
Ing. Šimonovský v. r.
Příloha č. 3
Annex No. 3 to Decree No. 376 / 2006 Coll.
Model railway operator certificate national or regional
Marking of the contact office:
Reference number:
Railway operator certificate national or regional
Data on the runway operator:
1. Legal person1)
1.1. Name or business name:
1.2. Address of the seat:
1.3. Identification number (ID for person based in the Czech Republic):
1.4. Address for service of documents, if different from the address of the registered office:
1. Physical person1)
1.1. Name and surname or business name:
1.2. Address of the place of business (for a person established in the Czech Republic registered in the Commercial Register):
1.3. Identification number (ID for person based in the Czech Republic):
1.4. Address for service of documents, if different from the address of the place of business registered in the Commercial Register:
2. Marking of operated runway:
2.1. Details of the runway operated:
2.2. Conditions to ensure safe construction, upgrading, maintenance and repair of the runway:
3. Indication of the official authorisation for which the certificate is issued:
4. Duration of the certificate:
5. The certificate confirms that the railway operator has established a railway safety management system in accordance with a directly applicable European Union regulation on common safety methods concerning safety management system requirements 16) and took measures to comply with it.
6. Date of issue of certificate:
7. Official round stamp and signature of the head of the railway administration:
8.
8.1. Description of the railway safety management system in accordance with the directly applicable European Union regulation on common safety methods concerning safety management system requirements 16).
8.2. Description of the arrangements for compliance with the railway safety management system pursuant to the directly applicable European Union regulation on common safety methods concerning safety management system requirements 16).
Příloha č. 4
Annex No. 4 to Decree No. 376 / 2006 Coll.
Contents of the inventory of accidents per year...
Subscriber's designation:
The inventory shall contain common safety indicators, which shall be:
I. Accident indicators
1.1 Total and relative (per train kilometre) number of accidents:
(a) a collision of a train with a groove vehicle, i.e. a frontal, rear or lateral collision between the part of the train and that of another train or train;
(b) a collision of a train with an obstacle in the gauge, i.e. a collision between a part of the train and objects firmly or temporarily present on or near the track or a collision with a overhead contact line;
(c) derailment of a train, i.e. where at least one wheel of the train leaves the tracks;
(d) accidents at level crossings and further breakdowns by five types of level crossings as defined in point 6.2;
(e) accidents involving persons involved in a railway vehicle, other than suicides and intentional serious self-injury;
(f) fire or explosion in the groove vehicle;
(g) other accidents not referred to in (a) to (f).
Each accident shall be entered under the inventory under the type of original accident, even if the consequences of the secondary event are more severe, e.g. fire after derailment.
1.2. Total and relative (per train kilometre) number of persons killed and seriously injured according to the following categories:
(a) passengers (with an indication of their share of the total number of passenger and train kilometres in passenger transport) and persons attempting to jump or jump from a moving train shall be considered passengers only for the purposes of the register;
(b) staff or other persons involved in the operation of the runway or railway transport;
(c) level crossing users, i.e. persons using level crossing to cross the railway line by any means of transport or to cross it on foot;
(d) unauthorised persons, i.e. persons whose presence is prohibited in the runway area, except for level crossing users;
(e) other persons on the platform, i.e. persons who are on the platform and who are not listed in points (a) to (d);
(f) persons not referred to in points (a) to (e).
Any person who was immediately killed or died following an accident within 30 days of the accident, except those who committed suicide, shall be considered to have been killed for the purposes of this decree.
For the purposes of this register, a seriously injured person shall mean any injured person in an accident which has been hospitalised for more than 24 hours following an accident, except for the person who attempted suicide.
A train kilometre means a unit of measurement corresponding to the movement of a train over a distance of one kilometre. If known, the distance actually travelled shall be taken into account, otherwise the standard network distance between the starting point and the end point shall be used. Only the distance in the Czech Republic shall be taken into account.
A person-kilometre means a unit of measurement corresponding to the carriage of one passenger by rail over a distance of one kilometre. Only the distance in the Czech Republic shall be taken into account.
II. Indicators concerning dangerous goods
Total and relative (per train kilometre) number of accidents or incidents in the transport of dangerous goods by rail according to the following categories:
(a) an accident or incident involving at least one railway vehicle carrying dangerous goods to be reported under Section 1.8.5 of the Regulations for the international carriage of dangerous goods by rail;
(b) the number of such accidents or incidents where the release of dangerous goods or goods is not permitted under the Regulations on the international carriage of dangerous goods by rail, as amended.
III. Suicide indicators
Total and relative (per train kilometre) number of suicides and intentional serious self-injury.
IV. Indicators relating to the causes of accidents
Total and relative (per train kilometre) number of accidents and their breakdown by the following factors:
(a) the rail refraction, i.e. where the rail is divided into two or more pieces, or the rail from which a piece of metal is separated, thereby creating a gap of more than 50 mm and a depth of more than 10 mm on the rail top;
(b) the deflection of the rail and other track discontinuity, i.e. any failure related to the continuity and geometry of the track, which requires the disabling of the track or an immediate limitation of the permitted speed;
(c) failure of signalling systems, i.e. technical failure of the signalling system on the road or on the train of a vehicle, leading to less restrictive information than required;
(d) passing a signal prohibiting the movement and endangering the permissible movement of another train vehicle;
(e) passing a signal prohibiting driving without endangering the permissible movement of another train vehicle;
(f) wheel refraction in the case of operated grooves, that is to say, wheel refraction causing the risk of an accident (derailment or collision);
(g) axle refraction for operated groove vehicles, i.e. a refraction affecting the axle and creating a risk of accident (derailment or collision).
The following shall be taken to mean the passing of the signal referred to in points (d) and (e):
(aa) track-side light signals or signalling signals prohibiting the movement or signalling of the STAS in the event of a failure of the train protection;
(bb) the end of the safe section of the road defined by the train safety system;
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 376 / 2006 Coll., on ensuring the safety of rail and rail traffic operations and procedures for the occurrence of rail incidents |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.07.2006 |
|---|---|
| Effective from | 01.08.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0