Accident and incident investigations

Safety certification

In order to be granted access to the railway infrastructure, a railway undertaking must hold a safety certificate. This safety certificate may cover the whole railway network of a Member State or only a defined part thereof.

The fact that national safety certificates differ is an obstacle to the development of the European railway system. The ultimate objective is to arrive at the introduction of a single Community certificate. In other words, if a railway undertaking obtains a safety certificate in a Member State, that certificate should be the subject of mutual recognition in another Member State.

The safety certificate should give evidence that the railway undertaking has established its safety management system and is able to comply with the requirements defined in the TSIs, with Community law and with the national safety rules. For international transport services it should be enough to approve the safety management system in one Member State and give the approval Community validity. Adherence to national laws on the other hands should be subject to additional certification in each Member State.

The safety certificate must be renewed upon application by the railway undertaking at intervals not exceeding five years. It must be wholly or partly updated whenever the type or extent of the operation is substantially altered.

A railway undertaking applying for authorisation to place rolling stock in service in another Member State will submit a technical file concerning the rolling stock or type of rolling stock to the relevant safety authority, indicating its intended use on the network.

In addition to the safety requirements laid down in the certificate, licensed railway undertakings must comply with national requirements, compatible with Community law and applied in a non-discriminatory manner, relating to health, safety and social conditions, including legal provisions relating to driving time, and the rights of workers and consumers.

An essential aspect of safety is the training and certification of staff, particularly of train drivers. The training covers operating rules, the signalling system, the knowledge of routes and emergency procedures.

Maintenance of vehicles

Before it is placed in service or used on the network, each vehicle is assigned a maintenance entity (which may be, in particular, a railway undertaking or an infrastructure manager). The entity ensures the working order of vehicles by introducing a system of maintenance in accordance with the vehicle’s maintenance book and the applicable safety requirements.

National safety authority

Each Member State must establish a safety authority which is independent from railway undertakings, infrastructure managers, applicants for certificates and procurement entities. It will respond promptly to requests and applications, communicate its requests for information without delay and adopt all its decisions within four months after all requested information has been provided.

The safety authority will carry out all inspections and investigations that are needed for the accomplishment of its tasks and be granted access to all relevant documents and to premises, installations and equipment of infrastructure managers and railway undertakings.

Each year the safety authority will publish a report concerning its activities in the preceding year and send it to the agency by 30 September at the latest.

Serious train accidents, such as derailments and collisions with fatal consequences, occur rarely, but when they do they attract public interest and the interest of safety professionals all over Europe.

Criteria governing the independence of the investigating body are strictly defined so that this body has no link with the various actors of the sector. This body decides whether or not an investigation of such an accident or incident should be undertaken, and determines the extent of investigations and the procedure to be followed. The investigations should be carried out with as much openness as possible, so that all parties can be heard and can share the results. The relevant infrastructure manager and railway undertakings, the safety authority, victims and their relatives, owners of damaged property, manufacturers, the emergency services involved and representatives of staff and users should be regularly informed of the investigation and its progress.

Each investigation of an accident or incident will be the subject of reports in a form appropriate to the type and seriousness of the accident or incident and the importance of the investigation findings.

Each Member State must ensure that investigations of accidents and incidents are conducted by a permanent body, which comprises at least one investigator able to perform the function of investigator–in–charge in the event of an accident or incident.

http://europa.eu/legislation_summaries/transport/rail_transport/l24201a_en.htm