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Decree Law No. 101-C/2020


Publication: Republic Diary No. 237/2020, Series I of 2020-12-07
  • Issuer: Presidency of the Council of Ministers
  • Diploma Type: Decree Law
  • Number: 101-C/2020
  • Pages: 7-(2) a 7-(20)

Summary in plain english

What is it?

This decree-law amends the rules on safety investigations of railway accidents and incidents by transposing European rules on railway safety.

What is going to change? The definition of serious accident is clarified

This means any train collision or derailment which results in at least one fatality or five or more serious injuries, or serious damage to material, infrastructure or the environment.

The definition of an incident is broadened

This will mean any occurrence, other than accident or serious accident, that affects the safety of railway operations.

All railway systems in general are now included in the scope of this decree-law

This decree-law will now apply to safety investigation of accidents and incidents in railway transport occurring on national territory.

In addition to heavy rail, other rail systems, namely subway, light rail, trams and funiculars, constitute railway transport.

The Office for the Prevention and Investigation of Aircraft Accidents and Railway Accidents (GPIAAF) is responsible for deciding on the investigation of accidents and incidents that occur in railway transport.

Where it is not possible to know in which Member State the accident or incident occurred, the GPIAAF will determine which of the investigative bodies is leading the investigation, or whether it is conducted in cooperation.

When accidents or incidents occur in the national territory involving railway undertakings established in other Member States, investigators from similar bodies in those States participate in the investigation.

Interim review

Due to the complexity and length of the processes, whenever it is not possible to publish final reports within one year, an interim review should be published, describing the progress of the investigation and the safety problems detected.

Cooperation of judicial bodies with the safety investigation

Member States should ensure that judicial bodies cooperate with the safety investigation by collaborating in the collection of traces and the identification of evidence in order to ensure the effectiveness of investigations.

What advantages does it bring?

This decree-law, by extending the competences and access rights of GIPIAAF investigators and by promoting cooperation between Member States in the investigation, ensures a more effective investigation process, thereby strengthening the role of prevention in incident investigation.

When does it enter into force?

This decree-law enters into force 30 days following its publication.

Original Version

LEGAL TRANSLATOR

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CONSOLIDATED LEGISLATION

Legislative consolidation integrates the various amendments and rectifications made into an original legal diploma in order to make its consultation more accessible to the citizen.