Approval of accidents and incidents occurring on public and private railway infrastructure specific to rail transport (Extract from GD 117/2010)

Art. 22 - (1) The staff of economic operators carrying out rail transport operations who have knowledge of the occurrence of an accident or incident in the premises of a sub-unit shall be obliged to immediately notify the management of that sub-unit or working point. The manager of that sub-unit or working point shall, in such a case, immediately notify the station manager or his replacement within the organisational structures of the railway infrastructure manager/manager serving that sub-unit.
(2) Staff of economic operators engaged in rail transport operations who become aware of an accident or incident on the current line are obliged to immediately report the event to the station manager of the nearest station or his substitute.
(3) On sections with centralised train management and in the case of sections with dispatcher management, staff who have become aware of an accident/incident are obliged to take immediate action to notify the shift leader at the traffic controller. He shall direct the nearest station manager or his substitute to the scene.
(4) Immediate notification of the occurrence of an accident/incident on the public and private rail infrastructure specific to rail transport and on the metro rail network shall be a duty of the staff of economic operators engaged in rail transport operations who are aware of the occurrence of the accident/incident.

Art.23 - The notification of accidents/incidents occurring on the railway, in all cases, shall be made by the station manager or his substitute, within the organizational structures of the railway infrastructure administrator/manager, to the service operator of the traffic regulator in whose area the accident/incident occurred, within the regional CF branch of the National Railway Company "CFR" - S.A., hereinafter referred to as CNCF "CFR" - S.A., and shall be carried out in two stages:
a) verbal notification, containing the first information, as soon as he/she becomes aware of the occurrence of the accident/incident;
b) the actual notification, sent by telephone as soon as possible.

Art.24 - (1) In the case of accidents/incidents occurring on the public railway infrastructure, the station manager or his substitute, within the organisational structures of the railway infrastructure manager/manager, after sending the verbal notification, shall summon all the heads of the local railway-specific sub-units involved, who shall immediately go to the place where the accident occurred, where they shall be obliged:
a) to ascertain the extent and consequences of the accident/incident, if there are any deceased or injured persons, and to urgently request the presence of the specialised bodies of the public authorities: the county inspectorate for emergency situations, the public prosecutor's office, the representatives of the state authorities in the fields of administration and interior, health, labour, family and social protection, the National Environmental Guard, as appropriate, according to the regulations in force;
b) to take measures, until the arrival of the investigating committee, to prevent further damage and destruction and to guard the site in order to preserve intact all clues, evidence and traces which may lead to the determination of the causes of the accident/incident.
(2) The station manager or his substitute at the scene of the accident/incident is obliged to immediately prepare and forward the accident/incident notification in writing to the duty operator at the traffic controller of the regional branch of the RU.
(3) In cases provided for by law, the station manager or his substitute shall also notify the emergency call 112.

Art. 25 - (1) In the event of accidents/incidents at stations or at affiliated unmanned marshalling yards, or when the station manager or his substitute, from the organisational structures of the railway infrastructure manager/manager, cannot be present in time at the accident/incident site, the station manager's duties shall be assigned to the employee on duty.
(2) Where the accident/incident occurred on the current line, on sections with centralised train management or on sections with dispatcher management, for the obligations referred to in Article 24(1), the following shall apply (1) and (2), the shift manager of the traffic controller shall determine and nominate by written order the station manager who will go to the scene of the accident/incident.

Art. 26 - (1) If the accident/incident occurred on private railway infrastructure, the duties set out in Art. 24 shall be the responsibility of the traffic safety officer or station manager of the economic operator managing that infrastructure. In this case too, the accident/incident shall be notified by the station manager or his substitute within the organisational structures of the public railway infrastructure manager/operator serving the sub-unit concerned, on the basis of the verbal notification and written notification sent by the railway safety officer or the station manager of the economic operator.
(2) Where an economic operator has railway infrastructure served by more than one station, the management of the territorial structure of the railway infrastructure manager/manager shall determine the station which will report accidents/incidents occurring on the railway infrastructure of that economic operator.

Art. 27 - (1) The notification of accidents and incidents has priority over any other communication.
(2) When CFR telephone communications are interrupted, the station manager or his substitute shall request by any means - radiotelephone, mobile phone, courier - the nearest station with communication possibilities to transmit the accident/incident notification telegram.
(3) The accident/incident notification telegram shall include:
(a) date, time and location of the accident/incident;
(b) the description and consequences thereof;
c) the means of intervention required to remove the consequences and restore rail traffic, in accordance with specific regulations;
d) the public authorities which could not be notified by the station manager or his substitute in accordance with Article 24(2). (1) (a).

Art. 28 - (1) After receiving the approval, for each individual stage, the service operator at the traffic controller shall immediately inform the head of the service shift at the traffic controller of the content of the respective approvals.
(2) The duty roster manager at the traffic controller shall immediately give his approval for each individual stage:
(a) the duty roster manager of the regional traffic controller of the regional branch of the RU;
b) the Railway Energy Dispatching Officer, when damage to the contact line has occurred or when the power supply to the contact line has to be interrupted;
c) public authorities which could not be advised by the station manager or his substitute according to Article 24(1)(c). (1) (a).

Art. 29 - The shift supervisor of the regional traffic regulator shall immediately give his approval for each stage:
a) the duty reviser of the regional traffic safety reviser of the CF regional branch;
b) the duty shift supervisor of the central traffic controller of the CNCF "CFR" - S.A.;
c) the management of the economic operators involved in the accident/incident.

Art. 30 - (1) The duty reviewer of the regional traffic safety inspectorate shall immediately give his approval for each stage:
a) the head of the regional traffic safety inspectorate of the CF regional branch;
b) the duty reviser of the general traffic safety reviser's office of the CNCF "CFR" - S.A.;
c) the territorial state inspector on duty of the territorial structure of the Romanian Railway Safety Authority, hereinafter referred to as ASFR;
d) the investigator in charge of the territorial structure of the Romanian Railway Investigation Body, hereinafter referred to as OIFR.
(2) The duty inspector of the regional traffic safety inspectorate within the CF regional branch office shall:
a) to make the preliminary classification of the accident/incident, according to the provisions of this Regulation;
b) to draw up and send as soon as possible to the territorial structure of the ASFR the accident/incident report form according to the model provided in Annex II A;
c) request and follow the guidance and movement of the means of intervention to the scene of the accident/incident.

Art.31 - The duty reviewer of the general traffic safety reviewer's office of CNCF "CFR" - S.A. shall immediately give an endorsement for each stage:
a) the head of the general traffic safety inspectorate;
b) the central State inspector on duty of the ASFR;
c) the duty investigator of the central structure of the OIFR.

Art.32 - (1) The Head of the General Traffic Safety Inspectorate shall immediately notify the management of CNCF "CFR" - S.A., according to its own procedures for the reporting of accidents/incidents within the safety management system, about the occurrence of an accident/incident.
(2) In case of accidents, the management of CNCF "CFR" - S.A. and the economic operators involved shall immediately notify the management of ASFR and the management of OIFR by telephone.
(3) After receiving the notification of a serious accident by telephone, the Director of ASFR shall inform the management of the Ministry of Transport and Infrastructure both by telephone and in writing by drawing up and sending a notification note.

Art. 33 - (1) The General Traffic Safety Supervisor of CNCF "CFR" - S.A. shall inform in writing the Traffic Control and Safety Service of ASFR and the Serious Accident Investigation Service of OIFR, on a daily basis, until 7.00 a.m. of each day, about the accidents and incidents, including the cases/situations referred to in art. 9 and 10, occurred in the last 24 hours.
(2) Upon receipt in writing of the information referred to in paragraph (1), the Central State Duty Inspector of the ASFR shall draw up a written note and send it, under the signature of the Director of the ASFR, to the management of the Ministry of Transport and Infrastructure.

Art. 34 - (1) The situations referred to in Articles 9 and 10 shall be notified in accordance with this Regulation, but shall not be recorded in the statistics of accidents and incidents on public and private railway infrastructure.
(2) For the facts referred to in Article 10, the head of the sub-unit where the accident/incident occurred shall also notify the police authorities by telephone and in writing.

SECTION 2
Notification of accidents and incidents occurring on the underground transport network

Art. 35 - (1) The staff of the economic operator carrying out metro transport operations who has caused or has become aware of an accident or incident on the metro transport network, stations, depots, current line and the like shall immediately notify the central dispatcher by telephone or, via radio, the traffic operator of the economic operator carrying out metro transport operations, who shall notify the central dispatcher.
(2) The staff of the economic operator carrying out metro transport operations who become aware of an accident or incident on the metro transport network shall also be obliged to report the incident to their superior.

Art. 36 - (1) The notification of accidents or incidents occurring on the metro transport network shall be carried out in two stages:
a) verbal notification by telephone or radio station to the central dispatcher, containing the first information, as soon as the accident/incident is known to have occurred;
b) written notification as soon as possible.
(2) Notification of accidents or incidents shall take priority over any other communication.

Art. 37 - (1) Verbal notification of the occurrence of an accident or incident on the metro transport network shall be made by using the existing means of communication, i.e. the radio communication system, operational or automatic telephone.
(2) Verbal notification of an accident/incident occurring on the underground transport network shall include the following data:
(a) the time and place of the accident/incident;
b) the nature and extent of the accident/incident;
(c) any consequences of the accident/incident, i.e. casualties, damage to railway vehicles, railway infrastructure, safety installations, etc;
(d) any means of intervention or assistance required;
(e) the name, surname and position of the person making the notification.

Art.38 - The train operator who has received notification of an accident or incident shall immediately notify the central dispatcher of the economic operator carrying out metro transport operations of this fact.

Upon receipt of the verbal notification, the central dispatcher shall immediately notify, by the means of communication available to him, the following in turn:
a) the general manager of the economic operator carrying out metro transport operations;
(b) the head of the traffic safety department of the economic operator performing metro operations;
c) the county emergency inspectorate, if applicable;
d) the rescue station of the economic operator performing metro transport operations, if applicable;
e) the territorial state inspector on duty of the territorial structure of the ASFR;
f) the investigator in charge of the territorial structure of the OIFR;
g) the branch dispatchers of the economic operator carrying out metro transport operations, for sending the preliminary investigation team and intervention teams to the accident/incident site, if necessary;
h) the public prosecutor's office, representatives of the State authorities in the fields of administration and internal affairs, health, labour, family and social protection, the National Environmental Guard, where appropriate.

After receiving the approval, the head of the traffic safety department of the economic operator carrying out metro transport operations shall approve it:
a) the management of the economic operator carrying out metro transport operations;
b) the management of the railway infrastructure and operation departments of the economic operator performing metro transport operations, which shall act in accordance with the measures ordered by the management of the economic operator and their powers in such situations;
c) the managers of the sub-units involved in the accident or incident or in the operations to remove the consequences thereof.

Art.41 - The tasks and composition of the preliminary investigation team shall be determined by the management of the economic operator carrying out metro transport operations by means of its own procedure, under the conditions of this Regulation.

Art. 42 - The central dispatcher of the economic operator carrying out metro transport operations is obliged to:
a) to make the preliminary classification of the accident/incident, according to the provisions of this Regulation;
b) draw up the accident/incident report form, in accordance with the model set out in Annex II B, and send it as soon as possible:
- to the management of the economic operator carrying out metro transport operations;
- the staff of the traffic safety department of the economic operator performing metro operations;
- the staff of the ASFR territorial structure;
c) request and follow the guidance and movement of the means of intervention to the scene of the accident/incident, according to the specific regulations for these cases. The movement of intervention means shall be carried out with priority over any rank of trains.
Art.43 - (1) The Traffic Safety Department of the economic operator carrying out metro transport operations shall inform in writing the Traffic Control and Safety Service of the ASFR and the Serious Railway Accident Investigation Service of the OIFR, daily, until 7.00 a.m. of each day, about accidents and incidents, including the cases/situations referred to in Art.9 and 10, occurred in the last 24 hours.
(2) Upon receipt in writing of the information referred to in paragraph (1), the Central State Duty Inspector of the ASFR shall draw up a written note and send it, under the signature of the Director of the ASFR, to the management of the Ministry of Transport and Infrastructure.

Art. 44 - (1) The situations referred to in Articles 9 and 10 shall be notified to the Traffic Control and Safety Service of the ASFR by 7.00 a.m. in accordance with this Regulation, but shall not be recorded in the statistics of accidents and incidents occurring on the metro transport network.
(2) After the occurrence of the events referred to in para. (1), the central dispatcher shall immediately notify the management of the economic operator carrying out metro transport operations, the traffic safety department and/or the police and public prosecutor's office.