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Directive 2004/49/EC of the european parliament and of the council of 29 April 2004 on safety on the Community's railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive) (repealed)
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Version Superseded: 30/10/2020
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Editorial Information
X1 Substituted by Corrigendum to Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive) (Official Journal of the European Union L 164 of 30 April 2004).
Textual Amendments
Common safety indicators (CSIs) shall be reported annually by the safety authorities defined in Article 3(g).
Indicators relating to activities referred to in Article 2(2), (a) and (b), should be accounted for separately, if they are submitted.
If new facts or errors are discovered after the submission of the report, the indicators for one particular year shall be amended or corrected by the safety authority at the first convenient opportunity and at the latest in the next annual report.
Common definitions for the CSIs and methods to calculate the economic impact of accidents are laid down in the Appendix.
collision of train with rail vehicle,
collision of train with obstacle within the clearance gauge,
derailment of train,
level crossing accident, including accident involving pedestrians at level crossing, and a further break-down for the five types of level crossings defined in point 6.2,
accident to persons involving rolling stock in motion, with the exception of suicides and attempted suicides,
fire in rolling stock,
other.
Each significant accident shall be reported under the type of the primary accident, even if the consequences of the secondary accident are more severe (e.g. a derailment followed by a fire).
passenger (also relative to total passenger-kilometres and passenger train-kilometres),
employee or contractor,
level crossing user,
trespasser,
other person at a platform,
other person not at a platform.
Total and relative (to train-kilometres) number of accidents involving the transport of dangerous goods by rail divided into the following categories:
accident involving at least one railway vehicle transporting dangerous goods, as defined in the Appendix,
number of such accidents in which dangerous goods are released.
Total and relative (to train-kilometres) number of suicides and attempted suicides
Total and relative (to train-kilometres) number of precursors to accidents and a break down on the following types of precursor:
broken rail,
track buckle and other track misalignment,
wrong-side signalling failure,
signal passed at danger when passing a danger point,
signal passed at danger without passing a danger point,
broken wheel on rolling stock in service,
broken axle on rolling stock in service.
All precursors are to be reported, both those resulting and those not resulting in accidents. (A precursor resulting in a significant accident shall also be reported under indicators relating to precursors; a precursor not resulting in a significant accident shall only be reported under indicators relating to precursors).
Total in euro and relative (to train-kilometres):
number of deaths and serious injuries multiplied by the Value of Preventing a Casualty (VPC),
cost of damages to environment,
cost of material damages to rolling stock or infrastructure,
cost of delays as a consequence of accidents.
Safety authorities shall report the economic impact of significant accidents.
The VPC is the value society attributes to the prevention of a casualty and as such shall not form a reference for compensation between parties involved in accidents.
warning,
warning and automatic stop,
warning and automatic stop and discrete supervision of speed,
warning and automatic stop and continuous supervision of speed.
passive level crossing
active level crossing:
manual,
automatic with user-side warning,
automatic with user-side protection,
rail-side protected.
Unauthorised movement as referred to in points 4.4 and 4.5 above means to pass:
a trackside colour light signal or semaphore at danger, or an order to STOP where a Train Protection system (TPS) is not operational,
the end of a safety related movement authority provided in a TPS,
a point communicated by verbal or written authorisation laid down in regulations,
stop boards (buffer stops are not included) or hand signals.
Any case in which a vehicle without any traction unit attached or a train that is unattended runs away past a signal at danger is not included. Any case in which, for any reason, the signal is not turned to danger in time to allow the driver to stop the train before the signal is not included.
Safety Authorities may report separately on the four indices of unauthorised movement listed in the indents in this point and shall report at least an aggregate indicator containing data on all four items indices.
Value of safety per se: Willingness to Pay (WTP) values based on stated preference studies carried out in the Member State for which they are applied.
Direct and indirect economic costs: cost values appraised in the Member State, composed of:
medical and rehabilitation cost,
legal court cost, cost for police, private crash investigations, the emergency service and administrative costs of insurance,
production losses: value to society of goods and services that could have been produced by the person if the accident had not occurred.
When calculating the costs of casualties, fatalities and serious injuries shall be considered separately (different VPC for fatality and serious injury).
For the value of safety per se, the assessment of whether available estimates are appropriate or not shall be based on the following considerations:
estimates shall relate to a system for valuation of mortality risk reduction in the transport sector and follow a Willingness to Pay (WTP) approach according to stated preference methods,
the respondent sample used for the values shall be representative of the population concerned. In particular, the sample has to reflect the age/income distribution along with other relevant socioeconomic/demographic characteristics of the population,
method for eliciting WTP values: survey design shall be such that questions are clear/meaningful to respondents.
Direct and indirect economic costs shall be appraised on the basis of the real costs borne by society.
VT P = [VT of work passengers] * [Average percentage of work passengers per year] + [VT of non-work passengers] * [Average percentage of non-work passengers per year]
VT P is measured in EUR per passenger per hour
‘ Work passenger ’ means a passenger travelling in connection with their professional activities excluding commuting.
VT F = [VT of freight trains] * [(Tonne-Km)/(Train-Km)]
VT F is measured in EUR per freight tonne per hour
Average tonnes of goods transported per train in one year = (Tonne-Km)/(Train-Km)
CM P = K1 * (VT P /60) * [(Passenger-Km)/(Train-Km)]
Average number of passengers per train in one year = (Passenger-Km)/(Train-Km)
CM F = K2 * (VT F /60)
Factors K1 and K2 are between the value of time and the value of delay, as estimated by stated preference studies, to take into account that the time lost as a result of delays is perceived significantly more negatively than normal travel time.
Cost of delays of an accident = CM P * (Minutes of delay of passenger trains) + CM F * (Minutes of delay of freight trains)
Cost of delays is to be calculated for significant accidents, as follows:
real delays on the railway lines where accidents occurred as measured at terminal station
real delays or, if not possible, estimated delays on the other affected lines.
Warning, providing automatic warning to driver.
Warning and automatic stop, providing automatic warning to driver and automatic stop when passing a signal at danger.
Warning and automatic stop and discrete supervision of speed, providing protection of danger points, where ‘ discrete supervision of speed ’ means supervision of speed at certain locations (speed traps) at the approach of a signal.
Warning and automatic stop and continuous supervision of speed, providing protection of danger points and continuous supervision of the speed limits of the line, where ‘ continuous supervision of speed ’ means continuous indication and enforcement of the maximal allowed target speed on all sections of the line.
Type (d) is regarded as Automatic Train Protection (ATP) system.
Protection by the use of physical devices includes:
half or full barriers,
gates.
Warning by the use of fixed equipment at level crossings:
visible devices: lights,
audible devices: bells, horns, klaxons, etc.
Active level crossings are classified as:
Manual: a level crossing where user-side protection or warning is manually activated by a railway employee.
Automatic with user-side warning: a level crossing where user-side warning is activated by the approaching train.
Automatic with user-side protection: a level crossing where user-side protection is activated by the approaching train. This shall include a level crossing with both user-side protection and warning.
Rail-side protected: a level crossing where a signal or other train protection system permits a train to proceed once the level crossing is fully user-side protected and is free from incursion.
[X1 [F1RID, Regulations concerning the International Carriage of Dangerous Goods by Rail, as adopted under Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods ( OJ L 260, 30.9.2008, p. 13 ).] ]
Editorial Information
X1 Substituted by Corrigendum to Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive) (Official Journal of the European Union L 164 of 30 April 2004).
Textual Amendments
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