Page 8 - Report of the railway accidents investigated in 2023

Annual report 2023
the railway undertaking is obligated to submit to the ESIB the materials collected on all serious accidents and accidents. The railway undertaking presents the materials about an incident if ESIB demands it. The Safety Investigation Bureau organises the investigation of the scene within the shortest possible time in order to avoid obstacles for reopening of railway traffic. The safety investigation is conducted as publicly as possible with the parties being given the opportunity to provide explanations. Subsection 6 of the same Section stipulates the delegating authority for establishing the format for safety investigations by the Minister’s Directive.
The procedural rights of the Safety Investigation Bureau are established in Section 52 of the Railways Act. It stipulates the right of the official conducting the safety investigation to access the following: the scene, vehicle, infrastructure, traffic control and signalling equipment, as well as information and documents, other equipment, recordings, results of expert examinations, other materials of investigations of the same case. The right of the official conducting the safety investigation to demand the restriction of the access of outsiders to the accident site, to prohibit the moving, removal and destruction of objects at the accident site has been established. The same person has the right to question the employees of the railway companies involved in the case, to demand confirmation or provision of the necessary information. In the event of non-cooperation, the official conducting the safety investigation may issue a precept to the obligated person to ensure compliance with the obligations related to the safety investigation activities. In case of failure to comply with the precept, the official conducting the safety investigation has the right to impose a fine of up to €1,500 on a natural person and up to €60,000 on a legal person in accordance with the same section.
During the safety investigation the Safety Investigation Bureau has the right to issue a safety alert, the conditions of which have been stipulated in Section 53 of the Railways Act “Safety Alert”. In order to issue a safety alert, the circumstances and facts that have come to light during the investigation of the case must 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 the 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.
Organisation of a safety investigation of an occurrence affecting railway safety at a border facility or in its vicinity is provided by Section 54 of the Railways Act “Cooperation with the safety investigation and safety authorities of other countries”. The same section also applies to instances where the exact location of the occurrence cannot be determined. In these cases, according to the agreement, a
8