(Extract from HG117/2010)
Art. 7 - (1) For the purposes of this Regulation, accidents are divided into the following categories:
(a) collisions which may occur between trains or collisions between trains and other railway vehicles in motion or stationary, except those which can be taken off the line with the arms. The category of train collisions includes collisions between trains or with stationary or moving railway vehicles and with obstacles within the clearance gauge, except those which can be removed from the track gauge with the arms;
b) derailments of railway vehicles from the composition of running trains;
c) collisions of road vehicles at level crossings by running trains;
d) collisions of persons by railway vehicles in motion, except in cases of suicide;
e) fires in railway vehicles forming part of running trains.
(2) Depending on the consequences, accidents shall be classified as:
a) serious accidents - the situations or events referred to in paragraph 1. (1) (a) and (b), resulting, as appropriate:
- at least one person killed;
- serious injury to at least five persons;
- significant damage to railway vehicles, railway infrastructure or the environment, and any other similar accident with a clear impact on railway safety regulation or management.
b) accidents - the situations or events referred to in paragraph 1. (b) the situations or events referred to in paragraph 1 which do not constitute serious accidents. The situations or events referred to in paragraph 1 shall also be considered accidents. (1) occurring in the course of railway shunting activity and resulting in the death of at least one person.
Article 8 - Classification of incidents according to the activity during which they occurred:
1. Group A - incidents occurring in train movements:
1.1. train dispatches or departures when the track is occupied - train against train or train after train, without respecting the provisions of the specific regulations;
1.2. arrivals or entries of trains at station on occupied or closed track with the point of the platform giving access to the occupied or closed track being attacked, without complying with the provisions of the specific regulations; arrivals of trains with the safety mark occupied on entry;
1.3. simultaneous reception of trains or dispatching of a train simultaneously with the reception of another train in the same direction on incompatible paths; reception of trains with occupied safety mark at the opposite end of the reception path, without complying with the provisions of the specific regulations; dispatching or departure of trains with occupied safety mark on the outward path;
1.4. trains or railway vehicles escaping from the current line or from sectioning points, which are engaged on the receiving or despatching path, on the current line or on the avoidance/egress line; trains or railway vehicles escaping from sectioning points with the safety mark exceeded;
1.5. dispatches or departures of trains:
(a) without clear track or without consent in the line block of the neighbouring station;
b) without the order of the signalman, on sections with 'centralised management of train movements';
c) in a direction other than that intended, by attacking the platform giving access to that direction;
d) on a closed line, without complying with the provisions of the specific regulations;
1.6. departure of trains from a sectioning point without having the right to occupy the current line and without complying with the provisions of the specific regulations;
1.7. overtaking by trains of fixed or movable signals and 'stop' signs without complying with the provisions of the specific regulations, i.e. by metro trains with isolated ATP installation;
1.8. trains exceeding the safety mark for group exit signals without complying with the provisions of the specific regulations;
1.9. trains exceeding the maximum permitted line speeds2 , the maximum speeds laid down for the relevant train category in the journey books or by the running order, speed restriction steps;
1.10. collision of works of art, constructions, installations or other railway vehicles by oversized transport, by wagons with their loads shifted or with their movable parts unsecured or unsecured, or by parts or sub-assemblies of railway vehicles or their loads, where no derailments of railway vehicles have been recorded;
1.11. making erroneous orders for train movements as a result of faulty operation, failure to remedy faults or non-verification of control and remote control installations;
1.12. the marshalling of trains with the braked mass percentage not secured in accordance with the running book corresponding to the category of the train concerned, as well as of working trains in metro activity, without securing the braked mass percentage for station keeping or with the general air duct interrupted, regardless of whether the braked mass percentage is secured or not;
1.13. incorrectly executing the entry, exit or passing paths of trains;
1.14. trains hitting railway vehicles which can be lifted off the line with their arms, materials, machinery, devices, parts and installations within the clearance gauge, as a result of which no derailment of railway vehicles has occurred.
2. Group B - shunting incidents:
2.1. the shunting train, shunting locomotive or other railway vehicles leaving the station boundary or the current line movement station without complying with the provisions of the specific regulations;
2.2. passing fixed or movable signals ordering "stop" or "no passing", signs prohibiting passing or safety marks by shunting trains, isolated locomotives or other shunting railway vehicles, without complying with the provisions of the specific regulations;
2.3. exceeding by shunting trains, isolated locomotives or other railway vehicles at shunting the maximum permitted line speeds, speed restriction steps, maximum speeds laid down at shunting by specific regulations, by the station's technical operating plan or by the running order;
2.4. derailments of railway vehicles;
2.5. collisions or underrunning of railway vehicles resulting in damage to the railway vehicles and/or the load;
2.6. collisions by shunting trains, isolated locomotives or other railway vehicles at shunting of railway vehicles which can be driven off the line with their arms, materials, machinery, devices, parts and installations within the clearance gauge, as a result of which no derailments of railway vehicles have been recorded;
2.7. stationing railway vehicles beyond the safety mark after the end of shunting activities without complying with the specific regulations;
2.8. collision of works of art, constructions, installations or other railway vehicles by oversized transport, wagons with a displaced load or unsecured or unsecured moving parts, or parts or sub-assemblies of railway vehicles or their loads;
2.9. incorrect execution of shunting routes as a result of improper handling of installations, i.e. faulty operation, failure to rectify faults or non-verification of the control and remote control installations;
2.10. failure to withdraw and/or not stop shunting in accordance with the specific regulations and the provisions of the station's technical operating plan, in order to receive, dispatch or pass trains.
3. Group C - other incidents related to railway safety:
3.1. failure of railway staff to carry out their duties as set out in the specific regulatory framework and which could lead to accidents or incidents classified under this Regulation;
3.2. the performance of duties by staff responsible for rail traffic safety under the influence of alcohol or hallucinogenic substances;
3.3. staff with responsibility for the safety of rail traffic leaving their posts without complying with the specific regulations;
3.4. the performance of work by staff responsible for railway safety without being authorised, in accordance with the specific regulations, to perform the work in question or at the installation they serve, during the period of temporary withdrawal of their authorisation or without holding a valid medical and/or psychological fitness certificate;
3.5. train dispatches without a movement order, when the specific regulations make it compulsory to issue one;
3.6. performing work directly related to traffic safety, after exceeding the regulated working time;
3.7. driving electric metro trains without complying with the provisions of the specific regulations relating to checking the number of axles without active brakes and/or failing to enter the number of axles without active brakes in the journey form;
3.8. failure to introduce speed restrictions or to close the line in the cases provided for in the specific regulations, failure to cover with movable signals the portions of closed or weakened lines;
3.9. failure to make provision for the closure of the barrier or failure to close the barrier at level crossings for the passage of trains; failure to close the barrier at level crossings or failure to stop road traffic at level crossings equipped with road signs for the passage of shunting trains, isolated locomotives or other railway vehicles;
3.10. carrying out work on lines or installations without complying with the provisions of the specific regulations on railway safety;
3.11. placing in service of railway vehicles, lines and fixed installations, following maintenance and repair operations, with defects or deficiencies affecting railway safety;
3.12. falling parts of railway vehicles or wagon loads (partly or wholly) and similar parts of trains, affecting railway safety;
3.13. driving oversized loads or wagons loaded without complying with specific regulations (oversized axle load, shifted or unsecured load and similar);
3.14. failure to comply with the stops of passenger and mixed trains laid down in the journey timetable or in the timetable drawn up when additional trains are put into service; failure to comply with the conditions laid down in the running order concerning the running of trains and the handling of railway vehicles;
3.15. irregular handling of control, signalling and command installations which may affect railway safety;
3.16. faults and disturbances in railway operations:
(a) broken axles;
b) wheel or tread breakages;
(c) track canting;
d) overheating of the axle box.
Art. 9 - Situations and events which have led to the closure of rail traffic accidentally due to the following causes shall not be considered as accidents or incidents:
a) natural, i.e. floods, landslides, snow, falling rocks, trees or other unforeseen obstacles, earthquakes, vegetation fires;
b) accidental damage to the clearance gauge of the path by road vehicles, machinery and the like;
c) damage to railway vehicles forming part of trains in service or at shunting;
d) breakage of the pantograph of locomotives in service or at shunting;
e) train breakage;
f) leakage from the contents of wagons loaded with chemical substances which may affect the environment and the health of staff.
Acts committed by third parties, whether natural or legal persons, which endangered railway safety, resulting in the disruption of rail transport activity, destruction and/or theft of parts or materials from the vehicles or railway infrastructure, shall not be classified as accidents/incidents according to this Regulation, for which the provisions of the legislation in force shall apply.
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2 Exceeding of maximum speeds by trains shall be interpreted according to the accuracy class of the speed recorder, taking into account the measurement tolerances.
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