ORDER OF THE MINISTRY OF TRANSPORT OF THE RUSSIAN FEDERATION

of July 29, 2016 No. 217

About modification 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, approved by the order of the Ministry of Transport of the Russian Federation of December 18, 2014 No. 344

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 (h 1), Art. 3597, No. 30 (h 2) Art. 3616, No. 52 (h 1), Art. 6249; 2009, No. 1, Art. 21; 2011, No. 19, Art. 2716, No. 30 (h 1), Art. 4590, Art. 4596, No. 45, Art. 6333; 2012, No. 25, Art. 3268, No. 31, Art. 4320; 2013, No. 27, Art. 3477; 2014, No. 49 (h 6), Art. 6928; 2015, No. 1 (h 1), Art. 56, No. 29 (h 1), Art. 4356, Art. 4373; 2016, No. 15, the Art. 2066, No. 27 (p. I), the Art. 4160) and subitem 5.2.34 of the Regulations on the Ministry of Transport of the Russian Federation approved by the order of the Government of the Russian Federation of July 30, 2004 No. 395 (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, No. 12, Art. 1286, No. 18 (p. IV), Art. 2177, No. 30 (p. II), Art. 4311, Art. 4325, No. 37, Art. 4974, No. 42, Art. 5736, No. 43, Art. 5901, Art. 5926; 2015, No. 2, Art. 491, No. 16, Art. 2394, No. 17 (p. IV), Art. 2571, No. 20, Art. 2925, No. 38, Art. 5300, No. 47, Art. 6605, No. 49, Art. 6976; 2016, No. 1 (p. II), Art. 242, No. 2 (p. I), 325, to No. 7, of the Art. 996, No. 7, of the Art. 997, No. 16, of the Art. 2229, the official Internet portal of legal information http://www.pravo.gov.ru, on July 7, 2016, No. 0001201607070026), I order:

Make changes to 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, approved by the order of the Ministry of Transport of the Russian Federation of December 18, 2014 No. 344 (registration No. 36209), according to appendix to this order is registered by the Ministry of Justice of the Russian Federation on February 26, 2015.

Appendix

to the Order of the Ministry of Transport of the Russian Federation of July 29, 2016 No. 217

The changes made to 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, approved by the order of the Ministry of Transport of the Russian Federation of December 18, 2014 No. 344

1. The paragraph one of Item 3 to state in the following edition:

"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 transport incidents, provided below:".

2. To state paragraph two of Item 3 in the following edition:

"the crash * (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:".

3. From footnote "*" and the paragraph of third Item 3 of the word "autotractor machinery" to exclude.

4. Add item 4 with the paragraph the second in the following edition:

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

5. The fourth item 4 to state the paragraph in the following edition:

"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".

6. Add Item 7 with paragraphs in the following edition:

"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".

7. After Item 13 to add with Item in the following edition:

"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".

8. Consider Items 14-18 Items 15 - 19.

9. Third Item 15 to state the paragraph in the following edition:

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

10. To add Item 15 after the paragraph of the sixth with the paragraph in the following edition:

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

11. In the paragraph the second Item 16 of the word "on fault" shall be replaced with words "for the reasons depending from".

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