S.I. No. 585/2006 - Railway Safety Act 2005 (Railway Incidents) Regulations 2006

STATUTORY INSTRUMENTS

S.I. No. 585 of 2006

Railway Safety Act 2005 (Railway Incidents) Regulations 2006

I, Martin Cullen, Minister for Transport, in exercise of the powers conferred on me by sections 51(d), 55(3) and 69(3) of the Railway Safety Act 2005 (No. 31 of 2005), and for the purpose of giving effect to Article 19 of Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004¹ , hereby make the following regulations:

1.         These Regulations may be cited as the Railway Safety Act 2005 (Railway Incidents Regulations 2006.

2.         Occurrences of the kind specified in the Schedule are railway incidents for the purposes of section 51(d) of the Railway Safety Act 2005 (No. 31 of 2005).

3.         (1)       The Investigation Unit shall investigate all serious accidents.

(2)       In this Regulation -

“extensive damage” means damage that can be immediately assessed by the Investigation Unit to cost at least €2 million in total;

“serious accident” means any train collision or derailment of trains, resulting in the death of at least one person or serious injury to 5 or more persons or extensive damage to rolling stock, the infrastructure or the environment and any other similar accident with an obvious impact on railway safety regulation or the management of safety.

Schedule

Railway incidents

1.         The following events occurring on or affecting a running line:

(a)      a near collision between trains or between a train and some other vehicle or with an object which could derail a train,

(b)      an unintended separation of a train in motion,

(c)      a carriage door of a train in motion opening accidentally,

(d)      an explosion, fire or smoke on a train,

(e)      an accident where an animal is struck by a train,

(f)      a signal passed at danger by a train, except where authority is given and safety is not compromised,

(g)      wrong side failure of the signalling system or of equipment protecting a level crossing,

(h)      flooding or obstruction of a portion of the permanent way that prevents the running of trains,

(i)      failure or significant misalignment of a rail in the permanent way.

2.         An accident involving a railway vehicle transporting dangerous goods.

3.         A runaway railway vehicle.

4.         Failure of a cable or rope or other equipment used to work an incline.

5.         Failure of a wheel or axle or of any other part of a railway vehicle that causes or is likely to cause an accident on a train.

6.         Fire damage to or failure of any railway infrastructure.

7.         An accident or incident resulting in -

(a)       the suspension of railway services for a period of more than 6 hours,

(b)       the evacuation of a train or station, or

(c)       damage of €150,000 or more.

¹ OJ No. L 164, 30.04.2004, p. 44