Page 5 - Report of the railway accidents investigated in 2021

1. Introduction to the Investigation Body
1.1 Legal basis
Independent safety investigations began in Estonia on 31 March 2004 when the European Parliament and Council Directive 2004/49/EC on Railway Safety was applied to the Estonian judicial area. The task of conducting safety investigations from that date was given to the railway investigation unit that was created at the Crisis Regulation Department of the Ministry of Economic Affairs and Communications on the same day.
The European Parliament and Council Directive (EC) 2016/798 of 11 May 2016 regarding railway safety was applied to the Estonian judicial area with amendments to the Railways Act that came into force on 31 October 2020. The new version of the Railways Act specifies the relevant provisions in accordance with the principles of the directive.
For the establishment of the new structural unit of the Ministry of Economic Affairs and Communications, which based on the three modes of transport on the Estonian Safety Investigation Bureau (ESIB) was established 1 January 2012 by making amendments to the Aviation Act, Maritime Safety Act and Railways Act. Each Act listed provides the legal basis and regulates the safety investigations of the relevant field. In addition to its own field the Aviation Act also established the legal basis for the Safety Investigation Bureau in general.
Part 2 "Safety Investigation" of the Railways Act which came into force at the end of 2020 is entirely dedicated to safety investigations of railway accidents, and consists of nine sections (sections 47 - 55).
Section 47 of the Act “Safety Investigation Bureau“ establishes that the safety investigations of accidents, serious accidents and incidents are conducted by the ESIB, a structural unit of the Ministry of Economic Affairs and Communications. The ESIB is independent in conducting safety investigations and making any related decisions and is guided only by legal acts and other legislation and any international treaties that are binding in Estonia. There is no supervisory control of the ESIB’s investigative activities. To clarify circumstances that require specialist knowledge the ESIB has the right to involve experts and form committees. The official conducting the investigation directs and supervises the experts and committees. Authorities involved in the safety investigation are obligated to provide necessary assistance to the ESIB within their competence. The official conducting the safety investigation must provide his certificate of employment while performing his work duties.
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Annual report 2021