Decree No. 77 / 2017 Coll.
Decree amending Decree No. 376 / 2006 Coll., on the Railway Safety and Railway Transport System and the procedures for the occurrence of accidents on rails, as amended
Valid
Effective from 01.04.2017
77
DECLARATION
of 3 March 2017
amending Decree No. 376 / 2006 Coll., on a safety system for rail and rail traffic operations and procedures for the occurrence of rail accidents, as amended
The Ministry of Transport provides pursuant to § 66 paragraphs 1 and 5 of Act No. 266 / 1994 Coll., on Railways, as amended by Act No. 181 / 2006 Coll., Act No. 227 / 2009 Coll., Act No. 194 / 2010 Coll., Act No. 134 / 2011 Coll. and Act No. 319 / 2016 Coll., ("the Act ') for the implementation of § 49 (3) (d), § 53b (6), § 53d (6) and § 53e (6):
Decree No. 376 / 2006 Coll., on the system of safety of the operation of railway and rail transport and procedures for the occurrence of accidents on the railway, as amended by Decree No. 248 / 2010 Coll. and Decree No. 183 / 2015 Coll., is amended as follows:
1. in Paragraph 1 (f):
"(f) model of the DCI licence, ';
2. In Section 1, point (g), the words "types of incidents in railway transport," are deleted.
3. in Paragraph 1 (h):
"(h) the particulars of the final report on the results of the emergency investigation.";
4. in Article 4 (1) (d) and (2) (d), "serious" is replaced by "serious."
5. The following Section 6a is inserted after Section 6:
Model of DCI licence (K § 53d (6) of the Act)
The model of the DCI is set out in Annex 5 to the Order. '
6. Paragraph 7 (3) reads as follows:
"(3) The notification of an emergency pursuant to Article 49 (3) (a) of the Act shall specify 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 runway, the name and contact details of the notifier. ';
7. In Article 7, the following paragraph 5 is added:
"(5) If, following the occurrence of an emergency, the Railway Inspection Centre has not commenced an emergency investigation at the site of the incident, it shall without delay give its consent to the notifier to release the runway. ';
8. Article 8 shall be deleted, including the title.
9. in Article 10 (5) (a):
"(a) an indication of the type of emergency, the date, time and place of origin;"
10. In Paragraph 10 (6), first sentence, "serious' is replaced by" serious' and in the third sentence, "threat 'is replaced by" incident'.
11.
Forms of the report on the initiation of an emergency investigation (K § 53b (6) of the Act)
The details of the report on the initiation of an emergency investigation by the Rail Inspection Agency shall be:
(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 data provided by the European Railway Agency. "
12. Article 12, including the title, reads:
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 Annex 6 to the Order. '.
13. In Annex 1, point 2 (i), the word "serious' is replaced by" serious' and the word "threat 'is replaced by" incidents'.
14. the following Annexes 5 and 6 are inserted after Annex 4:
"Annex No 5 to Decree No. 376 / 2006 Coll.
Model of DCI licence
Face page
Reverse side
Příloha č. 6
Annex No 6 to Decree No. 376 / 2006 Coll.
Details of the final report on the results of the emergency investigation
1. Summary
The summary shall contain a brief description of the incident when and where it occurred and the consequences thereof. It shall indicate the immediate causes, the factors involved and the main causes identified in the investigation. The main recommendations and their addressees shall be given.
2. Emergency data
2.1. Emergency:
2.1.1. Date, exact time and place of emergency,
2.1.2. A description of the emergency and the place of origin, including the operation of the integrated emergency and emergency services,
2.1.3. The decision to initiate an investigation, the composition of the team of qualified persons for the investigation and the way in which the investigation is conducted.
2.2. Circumstances of an emergency:
2.2.1. involved staff, contract persons and other participants and witnesses,
2.2.2. trains and their sorting, including the registration numbers of individual railway vehicles,
2.2.3. a description of the track and signalling system (i.e. in particular track status, switches, stops, signals and train protection),
2.2.4. use of means of communication;
2.2.5. work carried out on and near the site;
2.2.6. activation of the emergency plan on the runway and follow-up procedures;
2.2.7. activation of an integrated rescue system plan, police and medical emergency services and follow-up procedures.
2.3. Deaths, injuries and damage caused:
2.3.1. for passengers and third parties, railway operator and carrier employees, including contract persons,
2.3.2. goods, baggage and other property carried,
2.3.3. on rail vehicles, track components and the environment.
2.4. External circumstances:
2.4.1. weather conditions and geographical data.
3. Record of investigations and explanations submitted
3.1. Summary of explanations (subject to protection of identity of persons):
3.1.1. the staff of the railway operator and the carrier, including persons in contract,
3.1.2. other witnesses.
3.2. Safety management system:
3.2.1. the framework organisation and the way in which the guidelines are to be awarded and implemented,
3.2.2. requirements for and application of railway operator and carrier staff;
3.2.3. internal security and audit procedures and their results,
3.2.4. Interface between different stakeholders and parts of the runway road.
3.3. Legal and other arrangements:
3.3.1. The relevant national and European Union legislation,
3.3.2. other regulations such as operating rules, working rules, maintenance rules, applicable technical standards and other internal rules.
3.4. Activity of railway vehicles and other technical equipment:
3.4.1. control, signalling and signalling systems, including automatic data recording equipment;
3.4.2. track components,
3.4.3 communication and information equipment,
3.4.4. railway vehicles, including automatic data recording equipment.
3.5. Documentation of the operating system:
3.5.1. measures taken by railway operator and carrier staff as regards traffic control and security;
3.5.2. exchange of oral reports in connection with an emergency, including data from the recording equipment;
3.5.3. measures taken to protect and safeguard the emergency site.
3.6. Working, health and operating conditions:
3.6.1. the working hours of the staff of the rail operator and of the haulier involved in the incident,
3.6.2. Health and personal situations which have had an impact on an emergency, including physical or psychological stress;
3.6.3. Arrangements of equipment of the control station or groove vehicle which affects its control and use.
3.7. Previous incidents of a similar nature.
4. Analysis and conclusions
4.1. Final description of the emergency:
4.1.1. a copy of the emergency conclusions based on the facts established in point 3.
4.2. Analysis:
4.2.1. an assessment of the facts identified in point 3 and an indication of the conclusions on the cause of the emergency and emergency services activity.
4.3.
4.3.1. direct and immediate causes of an emergency, including factors contributing to it, related to the conduct of the parties involved or to the state of the traction vehicles or technical installations;
4.3.2. essential causes related to qualifications, procedures and maintenance;
4.3.3. Causes originating in the legal framework and in the application of the safety management system.
4.4. Additional findings:
4.4.1. deficiencies and omissions found during the investigation which do not relate to the conclusions on causation.
5. Measures taken
5.1. List of measures already taken or taken as a result of an emergency.
6. Security recommendations'.
15. Annex 7 shall be deleted;
Efficacy
This Decision shall enter into force on 1 April 2017.
Minister:
Ing.
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Regulation Information
| Citation | Decree No. 77 / 2017 Coll., amending Decree No. 376 / 2006 Coll., on the Railway Safety System and Railway Transport and the procedures for the occurrence of railway incidents, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.03.2017 |
|---|---|
| Effective from | 01.04.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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