Implementing Regulation on Investigation and Investigation of Railway Accidents and Incidents

The Regulation on Investigation and Investigation of Railway Accidents and Incidents entered into force after being published in the Official Gazette.

REGULATIONS

From the Ministry of Transport and Infrastructure:

REGULATION FOR THE INVESTIGATION AND INVESTIGATION OF RAILWAY ACCIDENTS AND INCIDENTS

FIRST PART

Purpose, Scope, Basis and Definitions

Goal

ARTICLE 1 - (1) The purpose of this Regulation is to: The aim of this course is to determine the procedures and principles for the investigation and investigation of railway accidents and incidents, the notifications related thereto and the duties, authorities and responsibilities.

Scope

ARTICLE 2 - (1) This Regulation;

a) Accidents and incidents occurring on the lines connected to the national railway infrastructure network,

b) In the foreign country railway infrastructure network; design of rail vehicles with the Turkish railway train operators, manufacture, maintenance or accidents involving railway vehicles registered in Turkey and events,

research and investigation.

Rest

ARTICLE 3 - (1) This Regulation has been prepared on the basis of Article 10 / A of the Presidential Decree on Presidential Organization No. 7 published in the Official Gazette No. 2018 dated 30474/1/489.

Definitions

ARTICLE 4 - (1) In this Regulation;

a) Minister: Minister of Transport and Infrastructure,

b) Ministry: Ministry of Transport and Infrastructure,

c) Maintenance unit: The organization designated by the vehicle owner responsible for the maintenance of all kinds of railway vehicles except freight wagons and approved by the Ministry,

ç) The organization responsible for maintenance: The organization authorized by the Ministry responsible for the maintenance of freight wagons,

d) President: The President of the Transportation Safety Review Center,

e) Presidency: Presidency of Transportation Safety Review Center,

f) Serious accident: An accident that results in the death of at least one person or serious injury to at least five people, or the total damage caused to vehicles, roads, other facilities or the environment, amounting to TL 2 million.

g) Evaluation Committee: The committee that decides the reports of accidents or incidents examined in order to increase transportation safety,

ğ) Railway infrastructure: Electrification, signaling and communication facilities with railway, ground, ballast, sleeper and rail and all kinds of art structures, facilities, stations and stations, logistics and freight centers and their extensions and related lines, complementary to these,

h) Railway infrastructure operator: Public legal entities and companies authorized to operate the railway infrastructure in a safe manner and to make them available to the railway railway operators,

ı) Railway vehicles: All kinds of towed and towed vehicles and train sets including line construction, maintenance, repair and control vehicles,

i) Railway train operator: Public legal entities and companies authorized to transport freight and / or passengers on the national railway infrastructure network,

j) Safety management system: Organizational structure that ensures the safe operation of railway infrastructure operators and railway train operators, systematically identifying measures to reduce hazards and accidents and reducing risks and ensuring that the rules, instructions and processes can be followed and revised continuously,

k) Group: A group of experts appointed for the investigation and investigation of each accident or incident,

l) Group chairman: Specialist equipped with coordination duties and powers during the investigation and investigation of each accident or incident,

m) Investigation: The process that includes the activities of collecting and analyzing information, identifying the possible causes and providing the necessary safety recommendations in order to prevent the recurrence of accidents and incidents occurring,

n) Interoperability: Ensuring the uninterrupted and safe movement of railway vehicles in international traffic,

o) Accident: An undesirable, unexpected, sudden and unintentional chain of events or events that have harmful consequences such as property damage, death and injury,

ö) Accident types: Collision, deray, level crossing accident, crashing of the moving railway vehicle, fire and other accidents,

p) Incident: Unwanted, unexpected, situations that affect the operation and / or safety of the railway system and fall outside the definition of an accident,

r) Preliminary report: A short report based on the initial findings of the accident or incident, which shall be the basis for the decision as to whether to continue the investigation,

s) Report: A report issued in order to increase the safety of transportation as a result of the investigation and investigation of the accident or incident,

ş) Company: Company registered in the trade registry held in accordance with the Turkish Commercial Code No. 13 dated 1 / 2011 / 6102,

t), the national railway infrastructure networks: provincial and district centers are located in the territory of Turkey and other places with harbors, airfields, organized industrial zones, logistics and freight centers, connecting integrated rail infrastructure network belonging to the public or company,

u) National Police Authority: General Directorate of Railway Regulation,

ü) Expert: Carrying out the transportation safety inspection activity; Presidency personnel and personnel assigned from the Ministry's affiliated, related and related institutions,

expresses

SECOND PART

Purpose of Accident and Incident Investigation, Accident and Incident Notifications,

Decision Making, Evidence and Confidentiality of Records

Purpose of accident and incident investigation

ARTICLE 5 - (1) The purpose of the railway accident and incident investigation under this Regulation; and to make recommendations to contribute to the development of legislation and practices for the safety of life, property and environment in railways by preventing possible accidents and incidents that may occur and to prevent future similar accidents and incidents.

(2) The railway accident and incident investigations carried out within the scope of this Regulation are not forensic or administrative investigations and the purpose is not to identify the offender and the offender or to share responsibility.

Obligation to report accidents and incidents

ARTICLE 6 - (1) Accident and incident notifications are made as soon as possible by completing the accident / incident notification form.

(2) Notification must be made by electronic mail or fax. Notification of emergency can also be made by SMS or telephone, but then a written accident notification is issued and sent by e-mail or fax.

(3) Accidents and incidents in the national railway infrastructure network are reported by the railway infrastructure operators.

(4) In railway infrastructure networks in foreign countries; accidents involving railway vehicles operated by railway train operators have received licenses in Turkey and events are reported by railway train operators.

(5) In railway infrastructure networks in foreign countries; design, manufacture, maintenance or reported by the railway train operators regarding registration of accidents and incidents involving railway vehicles made in Turkey is optional.

Deciding to review

ARTICLE 7 - (1) The following considerations are taken into account when assessing whether accidents or incidents that are considered to have a significant impact on safety regulations and safety management:

a) The severity of the accident or incident.

b) Type of accident.

c) whether the system as a whole is part of a series of accidents or incidents.

d) Impact on railway safety and the demands of railway infrastructure operators, railway train operators, national security authority or other states.

d) Whether there have been reports of similar accidents before.

(2) Although not included in the definition of serious accident, accidents or incidents that may result in serious accidents if they occur under different conditions, including technical failures in railway infrastructure or interoperability components, may also be examined.

Confidentiality of evidence and records

ARTICLE 8 - (1) All information and documents obtained within the scope of accident investigation and written and electronic records shall not be disclosed except for the purposes of accident investigation and may not be shared with any person and authority except for judicial authorities.

Cooperation with other states

ARTICLE 9 - (1) In the national railway infrastructure network; The national accident investigation authorities of the relevant foreign states may be invited to cooperate in the investigation of accidents and incidents involving the railway vehicles of foreign countries' railway train operators, as well as the design, manufacture, maintenance or registration of railway vehicles in the foreign state.

(2) In the foreign country railway infrastructure network; design of rail vehicles with the Turkish railway train operators, manufacture, maintenance or registration provided contributions to the accident involving the rail car events held in Turkey and inspection work.

THIRD PART

Qualifications, Working Procedures and Principles, Authorities and Responsibilities of Experts

Qualifications of experts

ARTICLE 10 - (1) Experts; It is essential that engineering faculties are selected from personnel graduated from rail systems, construction, machinery, electricity, electronics, electricity and electronics, communications, computers and industry departments.

Co-assignment

ARTICLE 11 - (1) Depending on the nature of the transport safety research or examination, more than one expert may be employed in one job.

(2) In this case, the expert organizers whose work is designated as the group head take the measures to ensure the completion of the work on time.

Continuity and transfer of work

ARTICLE 12 - (1) Experts are responsible for completing the work they have started without interruption. Experts act in accordance with the instructions they will receive by informing the Presidency if it is necessary to postpone the work or if the conclusion of the work requires research and examination elsewhere.

Research and review process

ARTICLE 13 - (1) The research and examination process carried out by experts assigned to the safety examination of transportation consists of the following steps:

a) Receiving accident / incident notification.

b) Confirming the accident / incident from the relevant units.

c) Informing the Presidency about the accident / incident.

ç) Obtaining the verbal or written duty of consent related to the accident and incident which is decided by the President for investigation or examination.

d) Going immediately to the scene of the accident / incident and initiating research and investigation.

e) Preparing the preliminary report according to the preliminary findings on the accident / incident and presenting it to the President and deciding whether the investigation will continue or not.

f) Collecting additional information and documents if necessary.

g) Analyzing the findings and documents related to the accident / incident.

ğ) Writing draft report of accident / incident investigation.

h) The group chairman sends the draft report to the Presidency for review.

ı) If deemed necessary by the Presidency, all or part of the draft report should be sent to the opinion of the parties concerned.

i) Including the opinions expressed by the interested parties within the period, if deemed appropriate, to be included in the draft report.

j) Submission of the draft report to the Evaluation Committee.

k) If the Evaluation Committee decides to revise the draft report, it shall be returned to the head of the group together with the written justification, and the report will be reconsidered and re-entered into the process starting from (ğ).

l) In case the Evaluation Committee makes an acceptance decision on the draft report, the report shall be partially or completely published on the Presidency website and added to the Presidency archive.

m) Following the recommendations given in the report.

Duties and powers of groups and experts

ARTICLE 14 - (1) In addition to the duties and authorities specified in the Regulation of the Ministry of Transport and Infrastructure Inspection Center of the Ministry of Transport and Infrastructure published in the Official Gazette dated 11/5/2019 and numbered 30771;

a) It may climb to railway vehicles involved in an accident or incident and make inspections on the vehicle.

b) access to the example of the recording devices on the railway vehicle, the records of the voice communication devices relating to traffic, and all commands and transaction records relating to traffic in signal and traffic control systems.

c) Receive the statements of the persons and witnesses who are involved in the accident or incident with the voice recorder or in writing.

ç) To be exclusive to accidents or incidents; national security authority, railway infrastructure operators, railway train operators, maintenance agencies, maintenance units and companies.

d) Access to the inspection results of train personnel and other railway personnel involved in the accident or incident.

e) Access to physical examination records of persons who have been injured as a result of an accident.

Obligation to help the specialist

ARTICLE 15 - (1) Access to the accident or scene by the investigating experts shall not be restricted by the provision of evidence.

(2) The persons concerned are obliged to fulfill the requests of the experts involved in accident or incident investigation in accordance with the relevant legislation without delay and to answer the questions posed to them.

(3) Provides transport services and a suitable working environment and assigns a liaison staff during the course of their duties in order to ensure that the experts involved in the investigation of accidents and incidents carry out their duties as required.

(4) Parties involved in an accident or incident are obliged to send the related personnel to the Presidency Center for information.

Jobs that experts cannot do

ARTICLE 16 - (1) Experts involved in accident or incident investigation;

a) They cannot make any executive instructions that are not directly related to the investigation and investigation.

b) They cannot make annotations, additions and corrections on documents, books and records.

c) They cannot disclose the confidential information and documents they have acquired due to their duties.

ç) They cannot act in a manner that may undermine the dignity and sense of trust required by their duties and adjectives where they are located.

CHAPTER FOUR

Reports

Reports

ARTICLE 17 - (1) The chairman of the group is obliged to present the results of the studies to the Presidency in a report.

(2) In case there is a disagreement among the members of the group on the issues mentioned in the reports, such issues shall be submitted to the Presidency after being justified and signed.

(3) Reports are prepared based on the experience gained from accidents and incidents, including recommendations for improving transportation safety and preventing similar accidents and incidents. The determination of administrative, legal or criminal liability cannot be the subject of the reports.

(4) Prepared reports cannot be subject to a compliance check.

(5) The railway accident or incident investigation and investigation report includes the following sections. Additional sections may be added depending on the nature of the accident or incident.

a) Summary: It is the section where basic information about railway accident or incident is expressed. Type of accident or incident, time, place and how it happened, loss of life or injury information, damage to railway infrastructure, vehicles, cargo, third parties or environment.

b) Accident process: Pre-accident, during the accident and after the accident experienced in detail section.

c) Information and findings about the accident: Related to the accident or incident; the operation of the safety management system, personnel organization, the qualifications of the personnel, the actions and declarations of the persons involved in the accident, the rules and regulations applied, the operation and maintenance records of railway vehicles and infrastructure components, the documentation of the railway operating system, previous events with similar characteristics and other information about the accident are explained.

d) Assessment and conclusions: This is the section in which information and findings about the accident are evaluated. This section evaluates possible causes.

d) Recommendations: This section contains recommendations for improving transportation safety.

(6) It is essential that accident investigation reports are completed and published within the year from the date of the accident. 1 reports an interim report on accident reports that could not be published during the year, describing the progress in the accident investigation at the anniversary of the accident.

Operations on reports

ARTICLE 18 - (1) The Review Panel evaluates all reports on its agenda and decides on issues related to the improvement of transport infrastructure and transport activities and transport safety issues covering all modes of transport.

(2) If it is determined that there are issues that are missing in the reports, that need to be re-investigated or additionally examined, it may be decided together with the written justification that the research and examination should be carried out by the same group or the new group.

(3) The reports accepted by the Evaluation Committee are submitted to the Minister and Presidential Security and Foreign Policy Committee.

(4) Reports shall be published partially or completely on the Presidency website and added to the Presidency archive.

(5) The recommendations contained in the report are followed by the review group that prepared the report. 90 days after the publication of the report, written information is requested from the institutions and organizations that are recommended. Information and updates on the implementation status of each recommendation are recorded.

Accident and incident reports of operators

ARTICLE 19 - (1) Railway infrastructure operators and railway train operators send a copy of their accident and incident reports to the Presidency within five working days after the report is finalized.

SECTION FIVE

Miscellaneous and Final Provisions

No provision

ARTICLE 20 - (1) In cases where there is no provision in this Regulation on the examination of railway accidents and incidents, the provisions of the Regulation on the Transportation Safety Inspection Center of the Ministry of Transport and Infrastructure and the relevant legislation shall apply.

Repealed legislation

ARTICLE 21 - (1) The Regulation for Research and Investigation of Railway Accidents and Incidents published in the Official Gazette dated 16/7/2015 and numbered 29418 has been repealed.

Force

ARTICLE 22 - (1) This Regulation shall enter into force on the date of its publication.

Executive

ARTICLE 23 - (1) The provisions of this Regulation are executed by the Minister of Transport and Infrastructure.

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