Decree of the Ministry of Transport and Communications No. 442 / 2002 Coll.
Decree of the Ministry of Transport and Communications amending Decree No. 361 / 2001 Coll., on the method of detection of incidents in railway transport
Valid
Order
Effective from 01.01.2003
Text versions:
01.01.2003
18.10.2002
442
DECLARATION
Ministry of Transport and Communications
of 4 October 2002
amending Decree No. 361 / 2001 Coll., on the method for detecting accidents in railway transport
The Ministry of Transport and Communications provides pursuant to § 66 (5) of Act No. 266 / 1994 Coll., on Railways, as amended by Act No. 77 / 2002 Coll., ("the Act ') for the implementation of § 49 (3) (d) and (e) of the Act:
Decree No. 361 / 2001 Coll., on the method of detecting incidents in railway transport, is amended as follows:
1. the following Section 1a is inserted after Section 1, including the title and footnote (1a):
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.
1) 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. In the last sentence of Article 3 (3), the words "No 1 'shall be added after the words" in the Annex'.
3.
(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 indicate 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 estimated duration of the restriction or stop of the runway. ';
4. Paragraph 5 (1) reads as follows:
"(1) The railway operator and the carrier shall entrust their staff to their staff qualified for an activity carried out within the scope of the business in order to secure an emergency site and to obtain documentation of the status of the railway 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 personnel shall allow them to consult the evidence of the knowledge found in relation to the technology processes used in the operation of the railway 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 the 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. ';
5. In the first sentence of Article 5 (2), the words "and the Railway Inspection staff 'shall be inserted after the words" and the Railway Inspection Officer' and the words "or the Railway Inspection Officer 'shall be inserted after the words" and the Railway Inspection Officer'.
6. in Article 6, the following paragraphs 1 and 2 are added:
"(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. ';
Paragraphs 1 to 6 shall be renumbered paragraphs 3 to 8.
7. In Article 6 (4), "paragraph 3 'is replaced by" paragraph 5';
8. In Article 6 (5), the first words "paragraph 4 'shall be replaced by" paragraph 6' and in the second sentence, the words "a runway inspection 'shall be inserted after the words" note'.
9. in Article 6 (6), the words "paragraphs 1 to 5 'are replaced by the words" paragraphs 1 to 7';
10. In Article 6, the following paragraph 9 is added:
"(9) In particular, when determining the causes and circumstances of an emergency in railway transport on the ground, and assessing them, the Railway Inspection staff shall carry out their assessment in accordance with the provisions of Sections 5 and 6, in particular supervise the correctness and completeness of the railway operator's and carrier's procedures in determining the causes and circumstances of the occurrence and assess the findings. ';
11. in Article 7, the following paragraph 3 is added:
"(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 measures to prevent incidents and ensure regular monitoring of their compliance, and, where appropriate, ensure that the measures provided for by the Rail Inspection are implemented. ';
12. In Article 8, paragraph 6 is added:
"(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 runway shall draw up a register 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. ';
13. In the Annex, the name "Railway Administration 'is replaced by" Rail Inspection'.
14. The Annex shall be renumbered Annex 1 and Annex 2 shall be added as follows:
"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.
This Decree shall take effect on 1 January 2003.
Minister:
Ing. Šimonovský v. r.
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 track over the reference period. ';
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Regulation Information
| Citation | Decree of the Ministry of Transport and Communications No. 442 / 2002 Coll., amending Decree No. 361 / 2001 Coll., on the method of detection of incidents in railway transport |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.10.2002 |
|---|---|
| Effective from | 01.01.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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