Regulations on the Obligation to Notify and Report Railway Accidents and Railway Incidents (Notification and Reporting Regulations)

(This translation is for information purposes only)

Laid down the Ministry of Transport and Communications on 31 March 2006 in pursuance of the Act on Notification, Reporting and Investigation of Railway Accidents and Railway Incidents etc. (Railway Investigation Act, No. 34 of 3 June 2005) sections 2, 6, 7 and 8. Cf EEA Agreement Annex XIII point 42e (Directive 2004/49/EC).

Section 1 Scope

These regulations apply to the notification and reporting of railway accidents, serious railway incidents and railway incidents on railways encompassed by the Railways Act.

Funicular railways are not regarded as railways under the Railway Investigation Act.

Section 2 Authorities    

The Norwegian Accident Investigation Board is the investigation authority under these regulations.

The Norwegian Railway Inspectorate is the supervisory authority under these regulations.

Section 3 Notification of railway accidents

Staff in a railway operation who are involved in a railway accident shall promptly notify the nearest rail traffic control unit, the nearest police authority or the nearest joint rescue coordination centre of the accident. The recipient of notification shall immediately notify the other authorities mentioned in the first sentence as well as the investigating authority. Notification shall be verbal.

The railway operation has an independent responsibility for ensuring that notification under the first paragraph is given.

Section 4 Notification of serious railway incidents

The railway operation shall forthwith ensure that the investigating authority is notified of a serious railway incident. If the nature of the incident gives cause to notify other authorities, the railway oparation shall ensure that this is done. Notification shall be verbal.

Section 5 Reporting of railway accidents and serious railway incidents

The railway operation shall report railway accidents and serious railway incidents in writing to both the investigating authority and the supervisory authority with minimum delay and within 72 hours at the latest. Reporting may be by electronic means.

Reporting shall take place using a form prescribed jointly by the supervisory authority and the investigating authority.

Section 6 Reporting of railway incidents

The railway operation shall report railway incidents to the supervisory authority within 8 days. Reporting may be by electronic means.

Reporting of railway incidents shall take place using a form prescribed by the supervisory authority.

Section 7 Further details on the obligation to notify and report

If the railway operation is in doubt about whether the event concerned is to be regarded as a railway accident, serious railway incident or railway incident, the event shall be notified and/or reported in accordance with the most comprehensive section of the regulations.

The investigating authority and the supervisory authority are entitled to reclassify any report they receive and may at any time request more detailed information about a reported event.

Section 8 Implementation of the safety management system

Whoever holds authorisation to engage in railway operation or holds a licence or safety certificate prescribed pursuant to the Railways Act shall incorporate the subject matter of the present regulations in his safety management system.

Section 9 Exceptions

The investigating authority and the supervisory authority may within their sphere of responsibility make exceptions from the provisions of these regulations if doing so will lead to more appropriate reporting or is called for by special circumstances.

Section 10 Entry into force

These regulations enter into force on 30 April 2006. Regulations on the obligation to notify and report railway accidents and railway incidents (No. 123 of 29 January 2002) will be revoked on the same date.