Page 8 - Report of the railway accidents investigated in 2021

Annual report 2021
Railways Act Section 53 “Safety Alert” provides the conditions for issuing a safety alert during a safety investigation. The alert may be issued when circumstances and facts come to light during the investigation of the case that have significance to more than one railway infrastructure manager or railway undertaking or one or more European Union member states. When issuing the alert, the ESIB assesses the determined circumstances affecting safety of the relevant rolling stock, railway infrastructure installations, railway traffic regulation, maintenance arrangements, handling processes and technical and legal guidelines. The safety alert includes only facts and descriptions but no recommendations or assessments. The safety alert is issued to those concerned and the European Union Agency for Railways.
Section 54 of the Railways Act “Cooperation with the safety investigation and safety authorities of other countries” provides cooperation for the organisation of safety investigations into a case affecting railway safety at a border facility, for the involvement of the investigative bodies of another Member State and the European Union Agency for Railways, as well as for exchange of information and expertise, exchange of experience and participation in the expert assessment programme. Cooperation with third countries is provided based on a special agreement.
The ESIB compiles different reports in the course of its work pursuant to Section 55 of the Railways Act “Reports Relating to a Safety Investigation”. The ESIB must complete a written report of a safety investigation in the shortest possible time and publish it immediately but no later than 12 months after the occurrence. The safety investigation report does not assess anyone’s guilt of responsibility. The safety investigation report is forwarded to all parties involved such as the railway infrastructure managers, railway undertakings, the safety investigation bodies of other European Union member states, victims and their families, owners and manufacturers of damaged property, Rescue Board, representatives of the employees and passengers and the European Union Agency for Railways. The requirements of the Commission's implementing regulation 2020/572 for the content of the report are listed as a summary. The same section provides the obligation of the Consumer Protection and Technical Regulatory Authority, other authorities, businesses or organisations that were subject to the ESIB’s recommendations, to submit a report to the ESIB annually by the 01 April about the measures taken or planned based on the recommendations. Pursuant to the same Section the Safety Investigation Bureau publishes an annual report on the cases investigated in the previous year, the recommendations, and proceedings, on its website by 30 September each year. A copy of the annual report is forwarded to the European Union Agency for Railways.
In order to specify the rights and obligations established by law the Statutes of the Safety Investigation Bureau have been established and this regulates the ESIB’s relationships, connections, tasks and obligations. The Statutes specifies the ESIB’s 8