Rules for the Investigation and Handling of Railway Traffic Accidents (Order No. 30 of the Ministry of Railways in 2007)

Release time:2015-05-29 Source: Font Size:TT

Chapter I General Provisions

Article 1 In order to investigate and handle railway traffic accidents in a timely and accurate manner, seriously investigate the responsibility for accidents, and prevent and reduce the occurrence of railway traffic accidents, according to the Regulations on Emergency Rescue and Investigation and Handling of Railway Traffic Accidents (Order of the State Council No.501No., hereinafter referred to as the "Regulations") to formulate these rules.
Article 2 The occurrence of conflicts, derailments, fires, explosions and other accidents that affect the normal operation of the railway during the operation of railway rolling stock, including accidents that occur during related operations that affect the normal operation of the railway; or railway rolling stock and pedestrians during the operation Accidents that collide with motor vehicles, non-motor vehicles, livestock and other obstacles are all railway traffic accidents (hereinafter referred to as accidents).
Article 3 These Rules shall apply to the investigation and handling of accidents in state railways, joint-venture railways, local railways, special railways and special railway lines.
Article 4 The Ministry of Railways and the Office of Railway Safety Supervision and Administration (hereinafter referred to as the Office of Safety Supervision) shall strengthen the supervision and administration of railway transport safety, establish and improve the system for the investigation and handling of railway traffic accidents, and shall, after the occurrence of an accident, organize and participate in the investigation and handling of the accident in a timely manner in accordance with the statutory authority and procedures.
The safety supervision department of the Ministry of Railways and the Safety Supervision Office is responsible for the daily work of the investigation and handling of railway traffic accidents.
The safety supervision agencies stationed by the Ministry of Railways and the Safety Supervision Office in various places shall, in accordance with the provisions of these rules, undertake the investigation and handling of accidents designated by the Ministry of Railways and the Safety Supervision Office respectively.
Article 5 Railway transport enterprises and other relevant units and individuals shall promptly report the accident, truthfully provide relevant evidence, and actively cooperate with the accident investigation.
Article 6 The Accident Investigation Department shall adhere to the facts as the basis, laws, regulations, and rules as the criterion, carefully investigate and analyze, find out the cause, determine the loss, determine the responsibility, investigate the responsibility, summarize the lessons, and propose corrective measures.

Chapter II Grade of Accident

Article 7 According to the "Regulations", accidents are divided into four levels: particularly serious accidents, major accidents, major accidents and general accidents.
Article 8 Any of the following circumstances shall be a particularly serious accident:
(I) caused30More than people died.
(II) caused100More than one person is seriously injured (including acute industrial poisoning, the same below).
(III) caused1Direct economic losses of more than 100 million yuan.
passenger train derailment on (IV) busy main line18More than one vehicle and interruption of railway traffic48More than an hour.
(V) busy mainline freight train derails60More than one vehicle and interruption of railway traffic48More than an hour.
Article 9 Any of the following circumstances shall be a serious accident:
(I) caused10people above30The following people died.
(II) caused50people above100Serious injuries below the person.
(III) caused5000More than ten thousand yuan1Direct economic losses of less than 100 million yuan.
(IV) passenger train derailment18above.
(V) freight train derailment60above.
(VI) passenger train derailment2More18and interrupt the traffic of busy mainline railways.24More than hours or interruption of railway traffic on other lines48More than an hour.
(VII) freight train derailment6More60and interrupt the traffic of busy mainline railways.24More than hours or interruption of railway traffic on other lines48More than an hour.
Article 10 Any of the following circumstances shall be a serious accident:
(I) caused3people above10The following people died.
(II) caused10people above50Serious injuries below the person.
(III) caused1000More than ten thousand yuan5000Direct economic loss of less than 10,000 yuan.
(IV) passenger train derailment2More18Below the car.
(V) freight train derailment6More60Below the car.
(VI) interrupts busy mainline railway traffic6More than an hour.
(VII) interrupts railway traffic on other lines10More than an hour.
Article 11 General accidents are divided into: generalAClass accident, generalBClass accident, generalCClass accident, generalDclass accident.
Article 12 If one of the following circumstances does not constitute a major accident, it is generalAClass Accident:
A1.Cause2People die.
A2.Cause5people above10Serious injuries below the person.
A3.Cause500More than ten thousand yuan1000Direct economic loss of less than 10,000 yuan.
A4.Conflict, derailment, fire, explosion or collision during train and shunting operation, resulting in one of the following consequences:
A4.1Interruption of one of two or one of the busy trunk lines3More than hours6Hours below, double-line traffic interruption2More than hours6hours below.
A4.2Other lines, one of the double lines or single line traffic interruption6More than hours10Hours below, double-line traffic interruption3More than hours10hours below.
A4.3Passenger train delay this train4More than an hour.
A4.4passenger train derailment1Car.
A4.5Passenger train pick-up midway2above.
A4.6Passenger car scrapped1car or big break2above.
A4.7Locomotive is broken1above the table.
A4.8Breaking in EMU1above.
A4.9freight train derailment4More6Below the car.
Article 13 One of the following circumstances does not constitute a generalAAbove class accident, for generalBClass Accident:
B1.Cause1People die.
B2.Cause5Serious injuries below the person.
B3.Cause100More than ten thousand yuan500Direct economic loss of less than 10,000 yuan.
B4.Conflict, derailment, fire, explosion or collision during train and shunting operation, resulting in one of the following consequences:
B4.1Traffic disruption on busy trunk lines1More than an hour.
B4.2Traffic interruption of other lines2More than an hour.
B4.3Passenger train delay this train1More than an hour.
B4.4Passenger train pick-up midway1Car.
B4.5The bus is broken.1Car.
B4.6Broken in locomotive1Taiwan.
B4.7freight train derailment2More4Below the car.
Article 14 One of the following circumstances does not constitute a generalBAbove class accident, for generalCClass Accident:
C1.Train conflict.
C2.The freight train derailed.
C3.The train fire.
C4.The train exploded.
C5.The train collided.
C6.Train to the occupied section.
C7.Access train to occupied line.
C8.The train is not ready to enter the route for receiving and sending.
C9.Undone or wrongly blocked trains.
C10.The train rushes into the signal or crosses the warning mark.
C11.Rolling stock slips into an interval or station.
C12.In the train, the rolling stock axle is broken, the wheel is cracked, and the brake beam, lower pull rod, cross rod and other components fall off.
C13.The train collides with light vehicles, trolleys, construction machinery, machines and tools, protective fences and other equipment and facilities or road materials, slumping and falling rocks during train operation.
C14.The contact line of the contact network is broken, the rod is reversed or the network is collapsed.
C15.Close the corner plug door from the train or close the corner plug door during operation.
C16.Trains are scratched and damaged during train operation.
C17.During train operation, equipment and facilities, loaded goods (including luggage and mail), loaded reinforcement materials (or devices) exceed the limit (including those exceeding the size approved by telegraph according to the limit) or fall.
C18.Vehicles loaded with out-of-gauge goods are incorporated into trains as vehicles loaded with ordinary goods.
C19.Electric locomotives and EMUs enter the blackout area with electricity.
C20.Incorrect supply of power to the catenary of the outage section.
C21.The electrified section climbs the roof to delay the train.
C22.Passenger train separation.
C23.The rolling stock in conflict or derailment is not checked and appraised as required to be incorporated into the train.
C24.Construction without dispatching order, out-of-scope construction and out-of-scope maintenance.
C25.Missing, wrong, missing, and wrong dispatching commands cause the train to run over speed.
Article 15 One of the following circumstances does not constitute a generalCAbove class accident, for generalDClass Accident:
D1.shunting conflict.
D2.The shunting derailment.
D3.Squeeze the turnout.
D4.A shunting collision.
D5.The train is stopped due to wrong handling or failure to handle signals in time.
D6.Wrong travel voucher departure or delay the train.
D7.The shunting operation collides with the derailer, the protection signal, or the motor car without the protection signal.
D8.Freight train separation.
D9.Construction, overhaul and cleaning equipment delay the train.
D10.Operation personnel violate labor discipline and operation discipline to delay the train.
D11.Abuse of emergency brake valve to delay train.
D12.Unauthorized departure, driving, parking, wrong passage or wrong passage in the interval.
D13.The train pulls iron shoes to drive.
D14.Missing, wrong, missing or wrong dispatching orders delay the train.
D15.Wrong operation and use of traveling equipment to delay the train.
D16.Use of light vehicles, trolleys and construction machinery to delay trains.
D17.End of train shall be installed and no outgoing train shall be installed.
D18.Loading and unloading of luggage and mail delays the train.
D19.Electric locomotives and EMUs mistakenly enter non-contact network lines.
D20.Personnel injury or equipment damage caused by throwing objects on the train.
D21.Failure of running equipment delays this train1hours or more, or delay the freight train2More than hours; fixed equipment failure delay affects normal driving2More than hours (positive line only).
Article 16 The Ministry of Railways may include other circumstances affecting traffic safety as general accidents.
Article 17 Number of deaths and serious injuries due to accidents7If the accident level changes due to changes within a day, the accident level shall be changed accordingly.

Chapter III Accident Report

Article 18 After an accident occurs, the staff or other personnel of the railway transport enterprise at the scene of the accident shall immediately report to the neighboring railway station, train dispatcher, public security organ or the person in charge of the relevant unit. After receiving the report, the relevant units and personnel shall immediately report the accident to the person in charge of the enterprise and the safety supervision personnel on duty of the safety supervision office where the accident occurred, and the safety supervision personnel on duty of the safety supervision office shall report to the person in charge of the safety supervision office according to the regulations.
Nineteenth railway transport enterprise train dispatchers should carefully fill in the "railway traffic accident (equipment failure) profile form" (safety supervision report1), respectively report to the safety supervision duty officer of the safety supervision office where the accident occurred and the train dispatcher of the Ministry of Railways.
The safety supervision duty officer of the safety supervision office where the accident occurred received"Safety Supervision Newspaper1"Or after the on-site accident report, to immediately fill in the" basic situation of railway traffic accidents form "(safety supervision report3), and report to the duty officer of the Safety Supervision Department of the Ministry of Railways. After the report to further understand the situation of the accident, timely report"Safety Supervision Newspaper3”。
Article 20 For accidents involving other areas under the jurisdiction of the safety supervision office, the safety supervision personnel on duty of the safety supervision office in the place where they occur shall promptly"Safety Supervision Newspaper3"Transmit to the safety supervision department of the relevant safety supervision office.
Article 21 After receiving the accident report, the train dispatcher of the Ministry of Railways shall collect or fill in"Safety Supervision Newspaper1", and immediately report to the duty director and the duty personnel of the safety supervision department; the duty director and the duty personnel of the safety supervision department shall report to the person in charge of the department and the minister's office of the general office of the Ministry of Railways respectively according to the regulations, and the person in charge of the department shall report to the department leader. When the accident involves other departments, the Minister's Office of the General Office shall notify the person in charge of the relevant department.
Article 22 In the event of a particularly serious accident or major accident, the General Office of the Ministry of Railways shall be responsible for reporting to the General Office of the State Council and notifying the State Administration of Work Safety and other relevant departments.
In the event of a particularly serious accident, major accident, major accident, or general accident with casualties, the Safety Supervision Office shall notify the local people's government at or above the county level and its production safety supervision and management department where the accident occurred.
Article 23 The main contents of the accident report:
(I) the time, place, interval (line name, km, m), line conditions, accident-related units and personnel of the accident.
(II) the type, number of trains, locomotive model, position, number of traction vehicles, tonnage, length and running speed of the train involved in the accident.
(III) the number of passengers, the number of casualties, gender, age and assistance, whether overseas casualties are involved.
(IV) the name of the goods, loading conditions, flammable, explosive and other dangerous goods.
(V) the number of derailment vehicles of rolling stock and the damage degree of line equipment.
The impact of (VI) on railway traffic.
Preliminary judgment (VII) the cause of the accident, the measures taken after the accident and the control of the accident.
Other circumstances that the (VIII) should report immediately.
Article 24 After the accident is reported, the casualties, the number of derailed vehicles, equipment damage and other changes shall be reported in a timely manner.
Article 25 Call at the scene of the accident“117"Vertical connection system emergency call level processing.
Article 26 the Ministry of Railways, the Office of Safety Supervision and Administration and the railway transport enterprises shall publish the telephone number on duty for accident reports to the public and accept accident reports and reports.

Chapter IV Accident Investigation

Article 27 The State Council or a department authorized by the State Council shall organize an accident investigation team to investigate a particularly serious accident in accordance with the provisions of the Regulations.
Article 28 Major accidents shall be investigated by an accident investigation team organized by the Ministry of Railways. The head of the investigation team shall be the person in charge or designated personnel of the Ministry of Railways, and the Department of Safety Supervision, the Bureau of Transport, the Public Security Bureau and other departments (units) dispatched by the Ministry of Railways, relevant safety supervision offices and other departments (units) shall send personnel to participate.
Article 29 Major accidents and general accidents shall be investigated by the accident investigation team organized by the safety supervision office of the place where the accident occurred. The leader of the investigation team shall be the person in charge or designated personnel of the Safety Supervision Office, and the safety supervision department of the Safety Supervision Office, relevant business offices, public security organs and other departments shall send personnel to participate.
The Ministry of Railways may, when it deems necessary, participate in or directly organize the investigation of major accidents and general accidents.
Article 30 According to the specific circumstances of the accident, the accident investigation team may also be composed of personnel from the trade union, the supervisory organ, the relevant local people's government, the public security organ, the safety production supervision and management department and other units, and the people's procuratorate shall be invited to send personnel to participate. When the accident investigation team deems it necessary, it may hire relevant experts to participate in the accident investigation.
Article 31 Occurrence generallyBClass above and below major accidents (excluding collision accidents), involving other safety supervision office jurisdiction, the safety supervision office of the place where the accident occurred shall12Send a telegram within hours to inform the relevant safety supervision office. After receiving the telegram, the relevant safety supervision office shall immediately send personnel to participate in the accident investigation team.
Article 32 From the date of the accident7If the accident level changes due to the change of the number of casualties in the accident within a day, and the investigation is carried out by the higher authorities in accordance with the provisions of the regulations, the original accident investigation team shall promptly report to the higher authorities.
Article 33 The accident investigation team shall perform the following duties:
(I) find out the process, cause, casualties and direct economic losses of the accident.
(II) determine the nature of the accident and the responsibility for the accident.
(III) put forward suggestions on handling the person responsible for the accident.
(IV) sum up the lessons of the accident and propose preventive and corrective measures.
(V) submit accident investigation report.
Article 34 The accident investigation team shall promptly notify the relevant units and personnel after the accident; generallyBAfter the occurrence of accidents above and below major accidents (excluding collision accidents), they shall be12Notify relevant units within hours and accept investigation.
Article 35 Before the accident investigation team arrives at the scene, the agency that organizes the accident investigation team may designate a temporary investigation team leader to form a temporary investigation team to investigate the scene, grasp the casualties, derailment of rolling stock, equipment damage, etc., and save traces and Physical evidence, find out the clues and causes of the accident, make investigation records, and report to the accident investigation team in a timely manner.
Article 36 After the arrival of the accident investigation team, the relevant unit where the accident occurred must take the initiative to report the real situation of the accident site and provide convenient conditions for the accident investigation. The person in charge of the accident unit and relevant personnel shall accept the inquiry of the accident investigation team at any time during the accident investigation period and truthfully provide relevant information and material evidence.
The accident investigation team has the right to learn about the accident-related situation from the relevant units and individuals, and require them to provide relevant documents and materials, and the relevant units and individuals shall not refuse.
Article 37 The accident investigation team may set up a number of professional teams to investigate and collect evidence as needed.
(I) collect the physical evidence and traces of the accident site, measure and draw the schematic diagram of the accident site according to the discipline, and mark the name, size, position and characteristics of the site equipment, facilities and remnants.
If it is necessary to move casualties and objects on the site, marks shall be made and important traces and material evidence on the site shall be properly preserved; if it is temporarily impossible to move, it shall be guarded and clearly marked.
(II) ask the parties involved in the accident and related personnel, collect oral statements, transcripts, transcripts, licenses, files, and copy and take photos. If written materials cannot be written, the designated personnel of the accident investigation team shall write the records and sign them in person. If there is no witness or the parties or relevant persons refuse to sign, it shall be recorded.
(III) take pictures and video of the overall picture, location, relevant buildings, relevant equipment and facilities, accessories, motor vehicles, remnants, harmful substances, traces, corpses, and injured parts of the accident site. Timely dump and store the records of safety monitoring, monitoring, recording, video recording and other equipment.
(IV) collect the injury degree diagnosis report, pathological analysis, course of disease treatment records, death certificate, past medical records and health records of casualties.
The (V) shall register and seal up the relevant evidence that may be altered, lost or difficult to obtain in the future.
(VI) consult relevant rules and regulations, technical documents, operating procedures, dispatching orders, operation records, ledgers, meeting records, safety education and training records, induction certificates, qualification certificates, contract (issuing) contracts, business licenses, safety technical disclosure materials, etc., and attach the original or copy to the investigation records if necessary.
(VII) technical analysis, testing and testing of relevant equipment, facilities, accessories, motor vehicles, appliances, causes, harmful substances, traces, on-site remnants, etc., organize handwriting identification, organize legal doctors to conduct autopsy or autopsy when necessary, and write special reports.
After the (VIII) derailment accident occurs, on the basis of comprehensive investigation, the line equipment within a certain length range before and after the accident site shall be inspected and measured if necessary, and the quality inspection of this section of line in the near future shall be reviewed; within a certain length range of the line in front of the accident site (in the opposite direction of train operation), whether there are traces of locomotive and rolling stock accessories falling off and scraping the running equipment, etc. shall be inspected, inspect and measure the relevant rolling stock in the derailed train, and review the monitoring records of the derailed rolling stock in the near future.
Article 38 Where it is necessary to carry out technical appraisal on the relevant railway equipment and facilities or to assess the state of property losses and the direct economic losses caused by the interruption of railway traffic in the course of accident investigation, the accident investigation team shall entrust an institution with the qualifications prescribed by the State to carry out technical appraisal or assessment. The time required for technical appraisal or assessment shall not be included in the accident investigation period.
Article 39 Each professional team shall submit the investigation report of the professional team in time according to the requirements of the leader of the investigation team. The leader of the investigation team shall organize and review the investigation report of the professional team, and study and form the Railway Traffic Accident Investigation Report, which shall be signed and recognized by all members of the investigation team. When the members of the investigation team have different opinions, they shall express them separately in the accident report and report to the organ organizing the investigation for deliberation and ruling.
Article 40 If a suspected crime is found in the investigation of an accident, the accident investigation team shall promptly hand over the relevant evidence and materials to the judicial organ.
Article 41 The Railway Traffic Accident Investigation Report shall include the following contents:
(I) accident profile.
(II) the casualties and direct economic losses caused by the accident.
(III) the cause and nature of the accident.
(IV) the identification of accident liability and suggestions for handling the person responsible for the accident.
(V) accident prevention and rectification measures.
(VI) supporting materials related to the accident.
Article 42 The accident investigation team shall submit the Railway Traffic Accident Investigation Report to the organ that organizes the accident investigation team within the following time limits:
The investigation period for (I) particularly serious accidents is60day.
The investigation period for (II) major accidents is30day.
The investigation period for (III) major accidents is20day.
(IV) general accident investigation period is10day.
The accident investigation period shall be calculated from the date of the accident.
Article 43 After the accident investigation team forms the "Railway Traffic Accident Investigation Report" and reports it to the agency that organized the accident investigation for approval, the work of the accident investigation team will be completed. The safety supervision department of the Ministry of Railways and the Safety Supervision Office shall, after the completion of the work of the accident investigation team15Within days, according to the accident report, the "Railway Traffic Accident Identification Letter" will be prepared and delivered to relevant units after approval.
GeneralBFile materials for accidents above and below major accidents (collision accidents are major accidents) shall be reported to the Ministry of Railways for the record (3copies).
Article 44 When the Ministry of Railways discovers that the safety supervision office is inaccurate in determining the accident, it shall correct it. If necessary, another investigation can be organized.
Article 45 The members of the accident investigation team shall be honest and fair, fulfill their duties, abide by the discipline of the accident investigation team, and keep the secrets of the accident investigation. Without the permission of the leader of the accident investigation team, the members of the investigation team shall not release the investigation information on the accident without authorization.
Article 46 The investigation of accidents shall be equipped with necessary investigation equipment and equipment to ensure the smooth progress of the investigation. Survey equipment and equipment include communications equipment, photographic equipment, recording equipment, mapping equipment, portable computers and other necessary equipment.
Article 47 The Certificate of Identification of Railway Traffic Accidents is the basis for accident compensation, accident handling and accident liability investigation.
The Railway Traffic Accident Certificate shall be produced in accordance with the unified format stipulated by the Ministry of Railways, including:
(I) the cause and nature of the accident.
(II) the casualties and direct economic losses caused by the accident.
Identification of (III) accident liability.
(IV) decisions or suggestions on the handling of relevant responsible units and personnel.
Article 48 After receiving the "Railway Traffic Accident Identification Letter", the unit responsible for the accident shall7Within days, fill in the "Railway Traffic Accident Handling Report Form" (Safety Supervision Report2), according to the provisions of the "railway traffic accident identification" production authority, and archived.

Chapter V Determination of Accident Liability and Determination of Loss

Section I Determination of Accident Liability

Article 49 Accidents shall be divided into liability accidents and non-liability accidents.
Accident responsibility is divided into full responsibility, primary responsibility, important responsibility, secondary responsibility and equal responsibility.
Article 50 If the text and telegraph issued by a railway transport enterprise or relevant unit violates laws and regulations, the rules and regulations of the Ministry of Railways or the relevant technical standards and operating standards of the railway, and directly leads to an accident, the responsibility of the sending unit shall be determined.
Article 51 The responsibility of the equipment management unit shall be determined for accidents caused by poor equipment management.
Article 52 If an accident is caused by poor product quality, which is the responsibility of the design, manufacturing, procurement, maintenance and other units, the responsibility of the relevant unit shall be determined; if the products subject to administrative license or compulsory certification are adopted and other products are adopted, the adopting unit shall be investigated for responsibility; if the products are purchased substandard or substandard, the purchasing unit shall be investigated for responsibility.
Article 53 For accidents caused by natural disasters, if preventive measures are not in place, the liability shall be determined. Accidents caused by force majeure are not responsible accidents.
Article 54 If a liability accident occurs during the construction of a business line and is caused by engineering construction, design, supervision, construction, etc., the responsibility of the above-mentioned relevant units shall be determined; at the same time, the equipment management unit shall be held accountable.
If the equipment that has been completed and accepted has a liability accident due to quality problems, and it is indeed the responsibility of the engineering construction, design, construction, supervision and other units, the above-mentioned relevant units shall be responsible; if the equipment is poorly managed, the equipment management unit shall be responsible.
Article 55 if an accident suspected of being caused by man-made sabotage is confirmed by the public security organ, a unit liability accident shall occur; if the accident is confirmed by the public security organ to be caused by man-made sabotage, a unit non-liability accident shall occur.
Article 56 If an accident is caused by a broken axle of a rolling stock, and the train is missed, misreported or not stopped in time after the forecast due to the detection and monitoring staff's violation of rules and regulations or poor equipment, poor management and other reasons, the relevant unit shall be responsible. The fixed loading station or operation station shall be responsible for the accident of axle breakage caused by overloading and partial loading of goods.
Article 57 The accident caused by the closing of the train's corner plug door, and the responsibility cannot be determined, will occur in the railway transport enterprise.
Article 58 The responsibility for the accident of wrong handling of the driving voucher or delay of the train is divided into: the driver starts the train, and the responsibility of the train service and maintenance unit; If the driver finds that the train has not moved, the responsibility of the train service unit shall be assigned. Through the train driver's failure to find out in time, the responsibility of the train service unit shall be assigned.
Article 59 If a passenger train that should stop passes by mistake, the station shall be held responsible; if the passenger train passes by mistake in the interval, the maintenance unit shall be held responsible.
Article 60 Due to the train separation accident caused by the broken hook, the responsibility of the maintenance unit shall be determined when the fracture is new (except for the driver who does not violate the operating procedures), and the responsibility of the locomotive and vehicle allocation or inspection unit shall be determined when the fracture is old. The responsibility of the manufacturing unit shall be determined for casting defects such as sand holes, slag inclusions or pores that exceed the standard in the coupler of rolling stock.
The train separation accident caused by the unbroken hook shall be analyzed and determined according to the specific situation.
Article 61 If an accident is caused by poor loading and reinforcement of the goods, the responsibility of the cargo carrier shall be determined; if the shipper loads the goods himself, the responsibility of the shipper shall be determined, and if the supervision and inspection of the cargo carrier is dereliction of duty, the cargo carrier shall be investigated for the same responsibility. Overspeed due to shunting operationThe responsibility of the illegal operation station shall be assigned to the accident caused by the damage of the cargo loading and reinforcement state caused by the "no slip car" slipping, etc. For the accident caused by the escort personnel moving the goods at will and reducing the quality of the cargo loading and reinforcement, the unit to which the escort personnel belongs shall be held responsible. If the cargo inspection personnel fail to perform their duties seriously, the unit to which the cargo inspection personnel belong shall be held equally responsible. Accidents caused by poor unloading quality shall be assigned to the unloading unit, and the responsibility of the unit responsible for inspection shall be investigated at the same time.
Sixty-second from the wheel running equipment into the train due to poor quality accidents, assigned equipment assigned to the unit responsibility.
Article 63 If an accident occurs due to the temporary lease (loan) of equipment, facilities and personnel of other units, the responsibility of the unit shall be determined.
The property right unit entrusts other units to repair equipment and facilities, and if an accident is caused by poor maintenance quality, the maintenance unit shall be held responsible; if the property right unit is not properly managed, it shall be held accountable for the same responsibility.
Article 64 Where a technological innovation project or scientific research project approved by the Ministry of Railways or approved by a railway transport enterprise and reported to the Ministry of Railways for approval is tested on the operating line, an accident does occur due to the test project itself within the limited test period, and the liability accident is uncertain; However, accidents caused by violations of operating procedures and other human factors shall be subject to liability accidents.
Article 65 After the occurrence of an accident, if the cause of the accident cannot be found out and the responsibility cannot be determined due to the failure of the unit to provide truthful information, the responsibility of the unit shall be determined.
Article 66 When the accident involves the relevant equipment managed by two or more units, and the quality of the equipment does not exceed the temporary repair or technical limit, the causal relationship of the accident shall be inferred and the responsible unit shall be determined.
Article 67 If the accident investigation team fails to notify the relevant unit in time to accept the accident investigation, it shall not assign the responsibility of the relevant unit. If the relevant unit should send personnel to accept the accident investigation after receiving the notice, the accident investigation team may directly determine the responsibility.
Article 68 In the course of railway operation personnel engaged in traffic-related operations, regardless of whether the operator is in his or her own post, due to violation of operating procedures, operating discipline, or railway transportation production equipment and facilities, working conditions, poor operating environment, or Poor safety management, etc., causing casualties, shall be subject to liability accidents. The specific circumstances shall be handled in accordance with the following provisions.
(I) crew members and other operators in the enterprise waiting room, non-local apartments, passenger car camping vehicles and other places waiting for work, during the rest period, due to violations of regulations and disciplines, poor equipment and facilities caused casualties, the relevant unit responsibility.
If the (II) operator is hit by the train and injured or injured in the process of dredging the crossing, guiding or helping passengers to get on and off the train, and maintaining the order of the station, the responsibility of the unit where the operator belongs shall be determined.
In the process of (III) accident, if the operator is injured or injured again due to illegal operation during avoidance or emergency rescue, the responsibility shall be determined according to the same accident; if the accident process has been terminated and another accident occurs during accident rescue, emergency repair, rehabilitation and treatment, the responsibility shall be determined according to another accident.
(IV) a responsible casualty accident on a temporary railway belonging to a railway transport enterprise, the enterprise is determined to be responsible for the accident.
(V) operation personnel use railway transportation equipment, facilities, tools, etc. without authorization during work or intermittent time, causing casualties, the unit to which the operation personnel belongs shall be determined to be responsible for the accident, and the equipment and facility allocation (or management) unit shall be investigated for responsibility.
If the (VI) operator is out of control due to occupational contraindications and causes casualties, the unit to which the operator belongs shall be responsible.
(VII) two or more railway transport enterprises have casualties in cross operation, the main responsible unit shall be designated for the accident; if the responsibilities of all parties are equal, the responsibility of the unit where the casualties belong shall be determined, and other relevant units shall be investigated for responsibility. If the responsibility of all parties is equal and there are casualties, the liability accident shall be determined separately.
Article 69 If the casualties of the workers are diagnosed by a hospital or emergency center at or above the second level or by forensic examination and autopsy, it is proved that they are caused by sudden diseases such as cerebral hemorrhage, myocardial infarction, sudden death, etc., and are confirmed by the accident investigation team according to the accident handling authority, the liability accident is uncertain. If the hospital level is not enough, it must be examined by a forensic doctor or autopsy. If the conclusion of the forensic autopsy or autopsy identification report is uncertain, the liability accident shall be determined.
Article 70 If the cause of the casualty accident of the operating personnel is unclear, or the public security organ has filed a case but there is no clear conclusion, the liability accident shall be determined. If the nature and responsibility of the accident cannot be determined for the time being, it shall be handled as pending. If the cross-year still cannot be determined or the processing time exceeds the legal deadline, the responsibility of the unit where the casualty is located shall be determined. Before the end of the annual statistics, if the accident has been found out and a conclusion contrary to the original handling decision is made, an application may be made to the original handling department for correction.
Article 71 Where a railway rolling stock collides with pedestrians, motor vehicles, non-motor vehicles, livestock and other obstacles causing an accident, the liability shall be determined in accordance with the following provisions.
(I) the party involved in the accident illegally passes through a level crossing or pedestrian aisle, or walks, sits or lies on a railway line, causing personal injury or death, the responsibility of the party involved in the accident shall be determined.
(II) the party to the accident escapes or has evidence to prove that the party intentionally damages, forges the scene or destroys evidence, the responsibility of the party to the accident shall be determined.
If the parties involved in a (III) accident violate the laws and regulations of the State and are obviously negligent, they shall be liable according to the severity of the fault.
Article 72 If the Ministry of Railways, the relevant departments of the Safety Supervision Office and their personnel fail to perform their duties in accordance with the law and one of the following circumstances occurs, they shall be investigated for administrative responsibility. Those suspected of committing crimes shall be transferred to judicial organs for handling.
If the (I) violates the technical standards promulgated by the state or the regulations, technical management procedures and operating standards promulgated by the Ministry of Railways, and publishes departmental technical standards without authorization, resulting in accidents, the relevant departments and their personnel shall be held accountable.
In the process of implementing administrative licensing, compulsory certification, technical review or appraisal, and product equipment acceptance and other supervision and management responsibilities, (II) violate statutory authority, statutory procedures and relevant regulations, or fail to supervise and inspect related products and equipment, resulting in unqualified, If substandard products and equipment are put into use, resulting in accidents, the relevant departments and their personnel shall be held accountable.

Section 2 Determination of Accident Losses

Article 73 The accident-related units shall truthfully count and declare the direct economic losses of the accident, make a detailed list, and after confirmation by the accident investigation team, it shall be identified in the "Railway Traffic Accident Identification Letter.
Article 74 The following expenses shall be included in the direct economic losses of the accident:
(I) the loss expenses of railway rolling stock, lines, bridges and tunnels, communication, signal, power supply, information, safety, water supply and other equipment and facilities. End-of-life equipment is calculated on the basis of the net book value of the end-of-life equipment, or on the basis of the market reset price.
(II) the cost of loss of packages and goods carried by railway transport enterprises.
Treatment, disposal and medical treatment of dead and injured persons in (III) accidents (excluding personal insurance compensation costs).
The cost of scrapping or repairing property and materials such as motor vehicles, non-motor vehicles and livestock that have been hit by the (IV).
Loss costs of (V) traffic interruption.
(VI) accident emergency treatment and rescue expenses.
(VII) other expenses directly related to the accident.
Article 75 If there are casualties of workers, the statistical scope and calculation method of direct economic losses shall be based on the Statistical Standard for Economic Losses of Enterprise Staff Casualty Accidents (GB6721-1986) execution.
Article 76 Those who bear full responsibility for the accident shall bear the direct economic loss costs of the accident.100%; if primarily responsible, bear the cost of the loss50% or more; those who bear significant responsibility, bear the cost of the loss30more than%,50% or less; if secondary liability, bear the cost of the loss30% below.
When there are equal responsibilities and multiple responsible units are involved in the cost of loss, the accident investigation team shall determine the proportion of loss in turn according to the degree of responsibility.
Units with equal responsibility bear the same proportion of the cost of loss.

Chapter VI Accident Statistics and Analysis

Article 77 The Ministry of Railways, the Safety Supervision Office, railway transport enterprises and grass-roots units shall, in accordance with the provisions of these rules, establish a statistical analysis system for accidents, improve the statistical analysis data, and submit them in a timely manner in accordance with the provisions.
The safety supervision departments at all levels are responsible for the daily work of accident statistical analysis reports, and are responsible for supervising and guiding relevant departments (units) to do a good job of accident statistical analysis reports.
Article 78 The statistical reports of accidents shall adhere to the principles of timeliness, accuracy, truthfulness and completeness.
Article 79 The statistics of accidents shall be made separately according to the accident category, grade, nature, cause, department, responsibility and other items.
Article 80 The statistical time of daily accidents shall be from the previous day.18Until the day18Time to stop. However, when reporting the time of the accident, the actual time shall prevail, that is, the date shall be changed at zero.
Article 81 The number of responsible accidents shall be counted in the unit that bears full responsibility and main responsibility, the number of non-responsible accidents and accidents to be determined shall be counted in the unit where they occur, and the statistics of collision accidents shall be counted in the unit where they occur.
Those who bear the same responsibility or are investigated for the same responsibility shall not repeat the statistics in the total number.
Article 82 If an accident meets two or more accident levels at the same time, the highest accident level shall be used for statistics.
Article 83 Accidents involving casualties shall be counted according to the following provisions:
If the (I) person is missing in the accident and has not been found by the end of the accident, the death statistics shall be made.
If the injury degree of the injured person in (II) accident is aggravated by normal operation treatment, the statistics shall be made according to the injury degree after operation.
The injured person in the (III) accident is invalid after treatment.7Death within a day, according to the death statistics; confirmed by the Medical Malpractice Appraisal Committee as a medical accident, or7In case of death in the future, statistics shall be made according to the original injury degree.
Injured persons in (IV) accidents7If the minor injury develops into serious injury within a day, the statistics shall be counted as serious injury.
(V) casualties that have not been confirmed as medical accidents by the medical accident appraisal committee shall be counted as responsible accidents.
After the occurrence of a (VI) collision, those confirmed by investigation as suicides or homicides are not counted in the number of casualties.
Eighty-fourth railway safety supervision departments at all levels shall establish a "railway traffic accident register" (safety supervision system1), Railway Traffic Accident Statistics Book (Safety Supervision System2), "Railway Transport Enterprise Safety Days Register" (Safety Supervision System3), Railway Operation Personnel Casualty Register (Safety Supervision System4) and the Railway Traffic Accident Analysis Meeting Record Book.
The professional departments of railway transportation enterprises and each grass-roots station section shall fill in the "Railway Traffic Accident Register" (Safety Supervision System1), and establish the Record Book of Railway Traffic Accident Analysis Meeting.
The above ledger shall be kept for a long time.
Article 85 Relevant departments and units shall fill in, transmit and manage various accident forms in accordance with the following provisions.
(I) safety supervision departments at all levels shall establish a "railway traffic accident (equipment failure) profile table" (safety supervision report1) and the Basic Situation of Railway Traffic Accidents (Safety Supervision Report3) management system, standardize statistics, analysis, summary, reporting and storage. To fill in the record in a timely manner"Safety Supervision Newspaper3"All contents must be filled in accurately after the accident is closed.
The dispatching department of a railway transport enterprise shall timely and truthfully fill in the "Overview of Railway Traffic Accidents (Equipment Failures)" (Safety Supervision Report1), establish a register, conduct statistical analysis, and develop a management system.
Specialized departments of railway transport enterprises shall establish"Safety Supervision Newspaper1"Register, careful statistical analysis.
(II) Safety Supervision Office shall establish "Railway Traffic Accident Handling Report Form" (Safety Supervision Report2) Management system. Grass-roots units shall fill in and report to the police as required."Safety Supervision Newspaper2"Custody3Year.
(III) Safety Supervision Office in the month, half year and the next month after the year5Fill in the "Railway Traffic Accident Report Form" (Safety Supervision Report4), reported to the Ministry of Railways."Safety Supervision Newspaper4"Long-term preservation.
(IV) Safety Supervision Office in the month, half year and the next month after the year5A few days ago, fill in the "Statistical Analysis Form for Off-Road Casualties in Railway Traffic Accidents" (Safety Supervision Report5), reported to the Ministry of Railways."Safety Supervision Newspaper5"Long-term preservation.
(V) accidents with casualties of employees, the accident unit shall fill in the "Overview of Casualties of Railway Operators" (Safety Supervision Report6-1), reported to the Safety Supervision Office; generallyBClass above accidents, safety supervision office to fill in the "railway operation personnel casualty profile form" (safety supervision report6-1), reported to the Ministry of Railways.
Safety supervision office in the following month5Before (the following year1Month10A few days ago), fill in the "railway operation personnel casualty statistics report" (safety supervision report6-2), reported to the Ministry of Railways.
Article 86 Railway transport enterprises affiliated to the Ministry of Railways shall have a monthly27A few days ago, the safety analysis and summary of this month was reported to the Safety Supervision Department of the Ministry of Railways. Each business department within the enterprise shall analyze and summarize the system accidents on a monthly, semi-annual and annual basis, report to the superior competent department, and send a copy to the safety supervision department of the safety supervision office.
Joint-venture railways, local railways and special railways shall analyze the accidents of their own units on a monthly, semi-annual and annual basis and report them to the Safety Supervision Office.

Chapter VII Penalties

Article 87 If a railway transport enterprise and its employees violate the provisions of laws and administrative regulations and cause an accident, the Ministry of Railways or the Safety Supervision Office shall investigate the administrative responsibility according to law. If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 88 Where a railway transport enterprise and its employees delay, fail to report, conceal or falsely report an accident, the Ministry of Railways or the Safety Supervision Office shall be responsible for the unit.10More than ten thousand yuan50A fine of less than 10,000 yuan; for individuals, by the Ministry of Railways or the Safety Supervision Office.4000more than yuan2A fine of less than 10,000 yuan; if it belongs to a state employee, it shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 89 Where the Safety Supervision Office delays, fails to report, conceals or falsely reports an accident, the Ministry of Railways shall impose sanctions on the directly responsible person in charge and other directly responsible persons according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 90 Interfering with or hindering the investigation and handling of accidents shall be handled by the Ministry of Railways or the Safety Supervision Office.4More than ten thousand yuan20A fine of less than 10,000 yuan; for individuals, by the Ministry of Railways or the Safety Supervision Office.2000more than yuan1A fine of less than 10,000 yuan; If the circumstances are serious, the unit shall be punished by the Ministry of Railways or the Safety Supervision Office.20More than ten thousand yuan100A fine of less than 10,000 yuan; for individuals, by the Ministry of Railways or the Safety Supervision Office.1More than ten thousand yuan5A fine of less than 10,000 yuan; if it belongs to a state official, it shall be punished according to law; if it constitutes a violation of public security management, the public security organ shall impose public security management penalties according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 91 In the course of an accident investigation, if an investigator solicits or accepts bribes, takes advantage of the opportunity to retaliate or is irresponsible, resulting in major omissions in the investigation, the organ forming the accident investigation team shall impose sanctions, and if a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VIII Supplementary Provisions

Article 92 The term"The term "above" includes the present number, and the term "below" does not include the present number.
Article 93 The Annexes to these Rules shall have the same effect as these Rules. The format of the documents stipulated in these Rules shall be uniformly formulated by the Ministry of Railways.
Article 94 The Ministry of Railways shall be responsible for the interpretation of these Rules.
Article 95 These Rules shall be2007Year9Month1From the day of implementation. Rules for Handling Railway Traffic Accidents (Order No.3No.), "Rules for Handling Casualty Accidents of Railway Enterprises" (Ministry of Railways Order No.7No.), the Ministry of Railways "on the revision of the" railway off-road casualty accident report, treatment, statistics "notice (iron safety supervision word[79]2056No.) abolished at the same time. These Rules shall prevail in the event of any conflict between the relevant previous texts and these Rules.