ORDER OF THE MINISTRY OF TRANSPORT OF THE RUSSIAN FEDERATION

of December 18, 2014 No. 344

About approval of the Regulations on classification, procedure for investigation and accounting of the transport incidents and other events connected with violation of safety rules and operation of rail transport

According to article 20 of the Federal Law of January 10, 2003 No. 17-FZ "About rail transport in the Russian Federation" (The Russian Federation Code, 2003, No. 2, the Art. 169, No. 28, Art. 2884; 2007, No. 46, Art. 5554; 2008, No. 30 (p. I), Art. 3597, No. 30 (p. II), Art. 3616, No. 52 (p. I), Art. 6249; 2009, No. 1, Art. 21; 2011, No. 30 (p. I), Art. 4590, Art. 4596, No. 19, Art. 2716, No. 45, Art. 6333; 2012, No. 25, the Art. 3268, No. 31, the Art. 4320, 2013, No. 27, the Art. 3477, 2014, No. 49 (p. VI), Art. 6928) and Item 5.2.34 of the order of the Government of the Russian Federation of July 30, 2004 No. 395 "About approval of the Regulations on the Ministry of Transport of the Russian Federation (The Russian Federation Code, 2004, No. 32, Art. 3342; 2006, No. 15, Art. 1612, No. 24, Art. 2601, No. 52 (p. III), Art. 5587; 2008, No. 8, Art. 740, No. 11 (p. I), Art. 1029, No. 17, Art. 1883, No. 18, Art. 2060, No. 22, Art. 2576, No. 42, Art. 4825, No. 46, Art. 5337; 2009, No. 3, Art. 378, No. 4, Art. 506, No. 6, Art. 738, No. 13, Art. 1558, No. 18 (p. II), Art. 2249, No. 32, Art. 4046, No. 33, Art. 4088, No. 36, Art. 4361, No. 51, Art. 6332; 2010, No. 6, Art. 650, No. 6, Art. 652, No. 11, Art. 1222, No. 12, Art. 1348, No. 13, Art. 1502, No. 15, Art. 1805, No. 25, Art. 3172, No. 26, Art. 3350, No. 31, Art. 4251; 2011, No. 14, Art. 1935, No. 26, Art. 3801, Art. 3804, No. 32, Art. 4832, No. 38, Art. 5389, No. 46, Art. 6526, No. 47, Art. 6660, No. 48, Art. 6922; 2012, No. 6, Art. 686, No. 14, Art. 1630, No. 19, Art. 2439, No. 44, Art. 6029, No. 49, Art. 6881; 2013, No. 5, Art. 388, No. 12, Art. 1322, No. 26, Art. 3343, No. 33, Art. 4386, No. 38, Art. 4821, No. 45, Art. 5822; 2014, 12, of the Art. 1286, No. 18 (p. IV), the Art. 2177, No. 30 (p. II), the Art. 4311, of the Art. 4325, No. 37, of the Art. 4974, No. 42, of the Art. 5736, No. 43, of the Art. 5901, of the Art. 5926) I order to No.:

1. Approve the enclosed Regulations on classification, procedure for investigation and accounting of the transport incidents and other events connected with violation of safety rules and operation of rail transport.

2. Recognize invalid orders of the Ministry of Transport of the Russian Federation:

of December 25, 2006 No. 163 "About approval of the Regulations on procedure for office investigation and accounting of transport incidents and others, connected with violation of safety rules and operation of rail transport, events" (registration No. 8840) is registered by the Ministry of Justice of the Russian Federation on January 24, 2007;

of November 5, 2008 No. 180 "About introduction of amendments to the order of the Ministry of Transport of the Russian Federation of December 25, 2006 No. 163" (registration No. 12835) is registered by the Ministry of Justice of the Russian Federation on December 11, 2008.

Approved by the Order of the Ministry of Transport of the Russian Federation of December 18, 2014 No. 344

Regulations on classification, procedure for investigation and accounting of the transport incidents and other events connected with violation of safety rules and operation of rail transport

I. General provisions

1. The regulations on classification, procedure for investigation and accounting of the transport incidents and other events connected with violation of safety rules and operation of rail transport (further - the Provision), according to Item 1 of article 20 of the Federal Law of January 10, 2003 No. 17-FZ "About rail transport in the Russian Federation" establish classification, procedure for investigation and accounting of the transport incidents and other events connected with violation of safety rules and operation of rail transport.

2. This Provision is applied in case of classification, investigation and accounting of the transport incidents and other events connected with violation of safety rules and operation of rail transport, taking place on railway tracks of general and railway tracks of uncommon use.

II. Classification, procedure for investigation of the transport incidents and other events connected with violation of safety rules and operation of rail transport

3. Owners of infrastructure of rail transport public and (or) railway tracks of uncommon use (further - subjects of rail transport) shall notify without delay any available means of communication, including telephone, cable, Federal Service for the Oversight of Transport (further - Rostransnadzor), its territorial authorities within the region of transport servicing of the railroads, bodies of prosecutor's office, bodies of the Investigative Committee, law-enforcement bodies, territorial authorities of the Ministry of the Russian Federation for civil defense, to emergency situations and natural disaster response, local government bodies within their territorial powers interested and (or) involved owners of railway rolling stock, including carriers, on origin in the territory of the specified subjects of rail transport of the transport incidents provided below:

the crash <1> (collision of railway rolling stock with other railway rolling stock, with the vehicle, descent of railway rolling stock on stage or the railway station, during the train or shunting work, equipment or other movements, as a result of which:

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<1> Except for:

cases of death or causing severe harm to health to the people who are not workers of rail transport and (or) passengers owing to collision of railway rolling stock with the vehicle.

accidents which investigation and accounting is performed according to article 227 of the Labor Code of the Russian Federation (The Russian Federation Code. 2002, No. 1 (p. I), Art. 3, No. 30, Art. 3014, 3033; 2003, No. 27 (p. I), Art. 2700; 2004, No. 18, Art. 1690, No. 35, Art. 3607; 2005, No. 1 (p. I), Art. 27, No. 13, Art. 1209, No. 19, Art. 1752; 2006, No. 27, Art. 2878, No. 41, Art. 4285, No. 52 (p. I), Art. 5498; 2007, No. 1 (p. I), Art. 34, No. 17, Art. 1930, No. 30, Art. 3808, No. 41, Art. 4844, No. 43, Art. 5084, 49, Art. 6070; 2008, No. 9, Art. 812, No. 30 (p. I), Art. 3613, No. 30 (p. II), Art. 3616, No. 52 (p. I), Art. 6235, 6236; 2009, No. 1, Art. 17, 21, No. 19, Art. 2270, No. 29, Art. 3604, No. 30, Art. 3732, 3739, No. 46, Art. 5419, No. 48, Art. 5717, No. 50, Art. 6146; 2010, No. 31, Art. 4196; No. 52 (p. I), Art. 7002; 2011, No. 1, Art. 49, No. 25, Art. 3539, No. 27, Art. 3880, No. 30 (p. I), Art. 4586, 4590, 4591, 4596, No. 45, Art. 6333, 6335, No. 48, Art. 6730, 6735, No. 49 (p. I), Art. 7015, 7031, No. 50, Art. 7359, No. 52, Art. 7639; 2012, No. 10, Art. 1164, No. 14, Art. 1553, No. 18, Art. 2127, No. 31, Art. 4325, No. 47, Art. 6399, No. 50 (p. IV), Art. 6954, No. 50 (p. V), Art. 6957, 6959, No. 53 (p. I), Art. 7605; 2013, No. 14, Art. 1666, 1668, No. 19, Art. 2322, 2326, 2329, No. 23, Art. 2866, 2883, No. 27, Art. 3449, 3454, 3477, No. 30 (p. I), Art. 4037, No. 48, Art. 6165, No. 52 (p. I), Art. 6986; 2014, No. 14, Art. 1542, 1547, 1548, No. 19, Art. 2321, No. 23, Art. 2930, No. 26, Art. 3405, No. 45, Art. 6143).

1) one and more person died;

2) the severe harm is done to health of five and more people;

3) there was emergency situation in case of which ten and more people suffered;

4) the railway rolling stock to degree of exception of stock is damaged;

5) conditions of life activity of 100 and more people are violated);

accident <2> (collision of railway rolling stock with other railway rolling stock, the vehicle, descent of railway rolling stock on stage or the railway station, during the train or shunting work, equipment or other movements, as a result of which:

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<2> Except for:

cases of causing severe harm to health to the people who are not workers of rail transport and (or) passengers owing to collision of railway rolling stock with the vehicle;

accidents which investigation and accounting is performed according to article 227 of the Labor Code of the Russian Federation.

1) the severe harm is done to health less than five people;

2) there was emergency situation in case of which less than ten people suffered;

3) life activity conditions less than 100 people are violated;

4) the railway rolling stock is damaged and recovery of its serviceable condition requires carrying out capital repairs);

incidents in transit (transportation) of dangerous goods (connected with prosypaniye (passage) of dangerous goods which arose owing to damage of the car or container, damage of packaging, leaky closed hatches of the car, defect (damage) of copper of the tank car, defect (damage) of armature of copper of the tank car, defect (damage) of the drain device of the tank car which caused damage to life and human health, property of physical persons or legal entities, the surrounding environment which led to the emergency situations of interregional and federal nature determined according to the order of the Government of the Russian Federation of May 21, 2007 No. 304 "About classification of emergency situations of natural and technogenic nature" (The Russian Federation Code, 2007, No. 22, Art. 2640; 2011, No. 21, Art. 2971).

4. Subjects of rail transport no later than three hours from the moment of the incident shall notify on telephone, cable or electronic means of communication Rostransnadzor, its territorial authorities within the region of transport servicing of the railroads interested and (or) involved owners of railway rolling stock, including carriers, on origin in the territory of subjects of rail transport of the events connected with violation of safety rules and operation of rail transport, provided below:

ignition of load in the car or container in case of its operation on railway tracks of general and railway tracks of uncommon use;

collision of railway rolling stock with other railway rolling stock, descent of railway rolling stock on stage and the railway station, during the train or shunting work, equipment or other movements which are not implicating, specified in Item 3 this provision;

the flooding, the fire, violation of integrity of designs of constructions of infrastructure which caused complete break of train service at least on one of railway tracks on stage for one hour and more;

the incident connected with unauthorized movement on railway tracks of the vehicle or collision of railway rolling stock with the vehicle out of the established railway crossing, not implicating, 3 this provision specified in Item;

the collision of railway rolling stock with the vehicle on the railway crossing which is not implicating 3 this provision specified in Item;

incidents in transit (transportation) of dangerous goods (connected with prosypaniye (passage) of dangerous goods which arose owing to damage of the car or container, damage of packaging, leaky closed hatches of the car, defect (damage) of copper of the tank car, defect (damage) of armature of copper of the tank car, defect (damage) of the drain device of the tank car which caused damage to life and human health, property of physical persons or legal entities, the surrounding environment which led to the emergency situations of local, municipal, intermunicipal and regional nature determined according to the order of the Government of the Russian Federation of May 21, 2007 No. 304 "About classification of emergency situations of natural and technogenic nature" (The Russian Federation Code, 2007, No. 22, Art. 2640; 2011, No. 21, Art. 2971).

5. Subjects of rail transport in the territory of which there were events connected with violation of safety rules and operation of rail transport, specified in this Item monthly shall inform Rostransnadzor and its territorial authorities within the region of transport servicing of the railroads on their quantity:

acceptance or departure of the train along not ready route;

switching under railway rolling stock;

car uncoupling from the passenger or local train along the line;

cancellation of departure of the passenger train from railway station of origin or disembarkation of passengers from the train on the relay railway station because of technical defect of railway rolling stock;

the damage or refusal of the locomotive which caused forced stop of the passenger train on stage or the relay railway station if further movement of the train is continued by means of the auxiliary locomotive;

departure of the train with the blocked trailer cranes;

rail break under railway rolling stock;

саморасцеп automatic couplings in trains;

car uncoupling from the cargo train along the line on stages or relay railway stations because of heating of axle boxes;

car uncoupling from the train on the relay railway station because of violation of specifications of cargo loading, baggage or cargo baggage;

break of automatic coupling of railway rolling stock;

fall on railway track of details of railway rolling stock;

arrival of railway rolling stock on mechanisms, the equipment and foreign objects (objects);

unauthorized movement of railway rolling stock on route of acceptance, departure of the train or on stage;

journey by railway rolling stock of the prohibiting signal of the traffic light or limiting column;

acceptance of the train on the occupied railway track;

departure of the train on the occupied stage;

load disorder along the line which can threaten traffic safety and operation of rail transport;

break (break) of cast details of railway rolling stock (axis, axial neck or wheel, side frame, nadressorny beam, spine beam);

false emergence on the floor traffic light of the permitting indication of signal instead of prohibiting or emergence of more permitting indication of signal instead of the indication requiring continuation of following of the train with the reduced speed;

collision of railway rolling stock with the vehicle on the railway crossing.

6. In case of receipt of information on the transport incidents specified in Item 3 this provision for investigation the order of Rostransnadzor signed by the head of Rostransnadzor or person fulfilling its duties creates the commission of number of persons employed of Rostransnadzor.

Along with the commission of Rostransnadzor the commission is created of number of persons employed of the subject of rail transport with the invitation of the interested and (or) involved owners of railway rolling stock, including carriers which purpose is identification of the reasons of transport incidents for the prevention of their origin further.

The decisions made by the commission of Rostransnadzor are obligatory for execution by subjects of rail transport.

In case of collision of railway rolling stock with the vehicle on the railway crossing in the absence of the effects specified in Item 3 this provision:

in case of death of five and more people the order of Rostransnadzor signed by the head of Rostransnadzor or person fulfilling its duties creates the commission of number of persons employed of central office of Rostransnadzor;

in case of death less than five people or causings severe harm to health more than five people the order signed by the head of territorial authority of Rostransnadzor or person fulfilling it duties are created the commission of number of persons employed of territorial authority of Rostransnadzor within the region of transport servicing of the railroads.

7. In case of the events connected with violation of safety rules and operation of rail transport, specified in items 4 and the 5th this provision, the subject of rail transport creates the commission on investigation of number of persons employed of the subject of rail transport with the invitation of the interested and (or) involved owners of railway rolling stock, including carriers.

If the technical conclusion about the reasons and effects of the transport incidents and other events connected with violation of safety rules and operation of rail transport, specified in items 4 and the 5th this provision includes special opinion of the member of the commission the head of territorial authority of Rostransnadzor or person replacing it shall create the commission of Rostransnadzor for the conducting investigation of this transport incident and other events connected with violation of safety rules and operation of rail transport.

The decisions made by the commission of Rostransnadzor are obligatory for execution by subjects of rail transport

8. Tasks of investigation of the transport incidents and other events connected with violation of safety rules and operation of rail transport are:

identification of the reasons of the transport incidents and other events connected with violation of safety rules and operation of rail transport for the purpose of the prevention of their origin;

assessment of actual state of railway rolling stock, and also infrastructure facilities of rail transport public and (or) railway track of uncommon use regarding compliance to requirements of the regulating documents regulating traffic safety;

assessment of actions of involved personnel and officials of the subject of rail transport and carrier whose actions brought or promoted emergence of the transport incidents and other events connected with violation of safety rules and operation of rail transport with indication of outstanding provisions of regulating documents;

registration of materials of investigation and their submission to Rostransnadzor or its territorial authorities within the region of transport servicing of the railroads, and also in other competent authorities within their territorial powers in need of the term which is not exceeding 15 days.

9. On site the transport incidents and other events connected with violation of safety rules and operation of rail transport, representatives of the subject of rail transport carry out the following actions:

the skorostemerny tape or the store of information of systems of registration of parameters of movement, natural leaf of the train, the certificate of security of the train with brakes, warnings of speed limit of movement and the logbook of the locomotive is withdrawn;

the scheme of destruction of railway track and arrangement of railway rolling stock, traces of its descent from rails with binding to kilometer and pickets, the beginnings of descent and the place of stop of railway rolling stock is constituted;

photography of general view of effects and damages of railway rolling stock and infrastructure facilities of rail transport public and (or) railway track of uncommon use, the found foreign objects, provisions of details and nodes of railway rolling stock is made;

documents of survey of the place of the transport incidents and other events connected with violation of safety rules and operation of rail transport, technical condition of railway rolling stock and infrastructure facilities of rail transport public and (or) railway track of uncommon use are constituted;

explanations of persons involved in the transport incidents and other events connected with violation of safety rules and operation of rail transport and also other eyewitnesses undertake written (in necessary cases with use audio-and videos);

weather conditions at the time of the transport incidents and other events connected with violation of safety rules and operation of rail transport are fixed;

relief measures by the victim, to recovery of movement and mitigation of consequences are taken.

10. The subject of rail transport shall keep documents, elements of the upper structure of railway track, detail of railway rolling stock and other objects which can matter in case of establishment of the reasons of transport incident, during the entire period of investigation. The decision on the direction of the specified documents, details and objects on research or testing and terms of their storage is accepted by the commission provided by Items 6 and 7 of this provision.

11. The commissions provided by Items 6 and 7 of this provision come out to the place of the transport incidents and other events connected with violation of safety rules and operation of rail transport and make investigation of circumstances and reasons of their origin.

12. On the basis of materials of investigation and performed by the subject of rail transport actions for the prevention of repeating of the transport incidents or other events connected with violation of safety rules and operation of rail transport are developed and performed.

III. Procedure for registration of results of investigation of the transport incidents and other events connected with violation of safety rules and operation of rail transport

13. By results of investigation, but not later:

seven days from the date of the transport incident specified in Item 3 this provision;

five days from the date of the event specified in item 4 of this provision;

three days from the date of the event specified in Item 5 of this provision, the commission constitutes the technical conclusion about the reasons and effects of the transport incidents and other events connected with violation of safety rules and operation of rail transport, signed by all members of the commission.

14. The head of Rostransnadzor or person fulfilling its duties, in case of investigation of the transport incidents specified in Item 3 this provision, the head of territorial authority of Rostransnadzor or person replacing it in case of investigation of the transport incidents and other events connected with violation of safety rules and operation of rail transport, specified in items 4 and the 5th this provision prolongs terms of conducting investigation and creation of the technical conclusion in cases if carrying out long researches, testing, special examinations is necessary. The basis for prolongation of terms of conducting investigation and creation of the technical conclusion is the decision of the commission or the written application of one of the parties which are involved in investigation on need of carrying out long researches, testing, special examinations

15. The investigation materials specified in Item 8 of this provision shall contain the following documents:

act of investigation;

the technical conclusion, including with special opinion of the member of the commission;

the list of victims with preliminary diagnoses;

acts of damage of railway rolling stock and infrastructure facilities of rail transport public and (or) railway track of uncommon use;

the materials received using photo and filmings, videos, different established fixing ways, the confirming reasons of the transport incidents and other events connected with violation of safety rules and operation of rail transport, the scheme with indication of the available departures from regulations of content and damages of railway rolling stock and infrastructure facilities of rail transport public and (or) railway track of uncommon use as a result of transport incident;

results and (or) materials of the conducted researches, testing, special examinations (in case of their carrying out);

results of disaggregation of skorostemerny tape, the module of memory or the cartridge of registration of parameters of movement of the railway rolling stock (with indication of the storage location of the original of the document) concerning the investigated case;

acts of condition and work of the infrastructure facilities of rail transport public and (or) railway track of uncommon use concerning the investigated case;

natural sheets of trains;

results of the made experiments and calculations (if they were made);

the copy of the schedule of the performed train service;

statements from the established accounting forms of account on use of railway rolling stock and infrastructure facilities of rail transport public and (or) railway track of uncommon use in the part concerning the reasons of the transport incidents and other events connected with violation of safety rules and operation of rail transport;

meteorological reference;

information about persons involved in the incident, their explanations, data on work-rest schedule, on results of the last certifications providing examination of rules of technical operation and other regulatory legal acts, regulating documents and job descriptions, and also the conclusion about medical examination which need is determined in each case.

IV. Reporting and accounting

16. The transport incidents and other events connected with violation of safety rules and operation of rail transport are considered by subjects of rail transport on the actual availability of the effects specified in Items 3, 4 this provision, and in case of their absence according to the reasons of the events specified in Item 5 of this provision.

The incidents on railway crossings which arose for the reasons depending on the subject of rail transport are considered separately.

17. The transport incidents connected with drawing damage to health or life of people moving railway rolling stock in places, authorized and unauthorized for finding of people (incidents as a result of which one person died or received heavy bodily harms; incidents as a result of which five and more people received injuries of average weight), are considered by subject of rail transport in the territory of which there were transport incidents specified in this Item.

18. Subjects of rail transport shall represent to Rostransnadzor or its territorial authorities within the region of transport servicing of the railroads monthly (to the 15th of the following for reporting month) reports on the allowed transport incidents and other events connected with violation of safety rules and operation of rail transport.

19. Subjects of rail transport report in Rostransnadzor or its territorial authorities within the region of transport servicing of the railroads on the court resolutions which are taken out by results of hearing of cases about transport incidents.

 

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