Defined terms — Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (recast) (Text with EEA relevance)
European Union · 32016L0798 · 1286 provisions
78 defined in this instrument, 4 borrowed from other acts.
accident — an unwanted or unintended sudden event or a specific chain of such events which have harmful consequences; accidents are divided into the following categories: collisions; derailments; level crossing accidents; accidents to persons involving rolling stock in motion; fires and others (11)
accident involving the transport of dangerous goods — any accident or incident that is subject to reporting in accordance with RID RID, 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). /ADR section 1.8.5;
2.2 Appendix
accident to persons involving rolling stock in motion — accidents to one or more persons who are either hit by a railway vehicle or by an object attached to, or that has become detached from, the vehicle, this includes persons who fall from railway vehicles as well as persons who fall or are hit by loose objects when travelling on board vehicles;
1.10 Appendix
active level crossing — a level crossing where the crossing users are protected from or warned of the approaching train by devices activated when it is unsafe for the user to traverse the crossing.
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.
7.1 Appendix
area of operation — a network or networks within one or more Member States where a railway undertaking intends to operate (33)
attempted suicide — an act to deliberately injure oneself resulting in serious injury.
4.1 Appendix
broken axle on rolling stock in service — a break affecting the axle and creating a risk of accident (derailment or collision).
5.1.
The Value of Preventing a Casualty (VPC) is composed of:
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).
5.2.
Common principles to appraise the value of safety per se and direct and/or indirect economic costs:
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… Appendix
broken rail — any rail which is separated in two or more pieces, or any rail from which a piece of metal becomes detached, causing a gap of more than 50 mm in length and more than 10 mm in depth on the running surface;
4.2 Appendix
broken wheel on rolling stock in service — a break affecting the wheel and creating a risk of accident (derailment or collision);
4.7 Appendix
carrier — an enterprise which carries out a transport operation pursuant to a contract of carriage (29)
causes — actions, omissions, events or conditions, or a combination thereof, which led to an accident or incident (15)
collision of train with obstacle within the clearance gauge — a collision between a part of a train and objects fixed or temporarily present on or near the track (except at level crossings if lost by a crossing vehicle or user), including collision with overhead contact lines;
1.7 Appendix
collision of train with rail vehicle — a front to front, front to end or a side collision between a part of a train and a part of another train or rail vehicle, or with shunting rolling stock;
1.6 Appendix
common safety methods — the methods describing the assessment of safety levels and achievement of safety targets and compliance with other safety requirements (6)
common safety targets — the minimum safety levels that are to be reached by the system as a whole, and where feasible, by different parts of the Union rail system (such as the conventional rail system, the high-speed rail system, long railway tunnels or lines solely used for freight transport) (5)
conformity assessment body — a body that has been notified or designated to be responsible for conformity assessment activities, including calibration, testing, certification and inspection; a conformity assessment body is classified as a ‘notified body’ following notification by a Member State; a conformity assessment body is classified as a ‘designated body’ following designation by a Member State (17)
consignee — any natural or legal person who receives goods pursuant to a contract of carriage; if the transport operation takes place without a contract of carriage, any natural or legal person that takes charge of the goods on arrivals shall be deemed to be the consignee (24)
consignor — an enterprise which consigns goods either on its own behalf or for a third party (23)
continuous supervision of speed — continuous indication and enforcement of the maximal allowed target speed on all sections of the line (d)
contracting entity — a public or private entity which orders the design and/or construction or the renewal or upgrading of a subsystem (30)
Cost of damage to environment — costs that are to be met by Railway Undertakings and Infrastructure Managers, appraised on the basis of their experience, in order to restore the damaged area to its state before the railway accident.
5.3.2 Appendix
Cost of delays as a consequence of accidents — the monetary value of delays incurred by users of rail transport (passengers and freight customers) as a consequence of accidents, calculated by the following model:
VT = monetary value of travel time savings Value of time for a passenger of a train (an hour) 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 Appendix
Cost of material damage to rolling stock or infrastructure — the cost of providing new rolling stock or infrastructure, with the same functionalities and technical parameters as that damaged beyond repair, and the cost of restoring repairable rolling stock or infrastructure to its state before the accident, to be estimated by Railway Undertakings and Infrastructure Managers on the basis of their experience, including also costs related to the leasing of rolling stock, as a consequence of non-availability due to damaged vehicles.
5.3.3 Appendix
dangerous goods — those substances and articles the carriage of which is prohibited by RID, or authorised only under the conditions prescribed therein.
3.1 Appendix
death (killed person) — any person killed immediately or dying within 30 days as a result of an accident, excluding any suicide;
1.19 Appendix
derailment of train — any case in which at least one wheel of a train leaves the rails;
1.8 Appendix
discrete supervision of speed — supervision of speed at certain locations (speed traps) at the approach of a signal (c)
ECM — borrowed from another act; this instrument states no meaning of its own (20)
employee or contractor — any person whose employment is in connection with a railway and is at work at the time of the accident, including the staff of contractors, self-employed contractors, the crew of the train and persons handling rolling stock and infrastructure installations;
1.14 Appendix
entity in charge of maintenance — an entity in charge of the maintenance of a vehicle, and registered as such in a vehicle register referred to in Article 47 of Directive (EU) 2016/797 (20)
extensive damage — damage that can be immediately assessed by the investigating body to cost at least EUR 2 million in total (12)
extensive disruptions to traffic — that train services on a main railway line are suspended for six hours or more;
1.4 Appendix
extent of operation — the extent characterised by the number of passengers and/or volume of goods and the estimated size of a railway undertaking in terms of number of employees working in the railway sector (i.e., as a micro, small, medium-sized or large enterprise) (32)
filler — an enterprise that loads goods into a tank (including a tank-wagon, wagon with demountable tank, portable tank or tank-container), into a wagon, large container or small container for carriage in bulk, or into a battery-wagon or multiple-element gas container (27)
fire in rolling stock — a fire or explosion that occurs in a railway vehicle (including its load) when it is running between the departure station and the destination, including when stopped at the departure station, the destination or intermediate stops, as well as during re-marshalling operations;
1.11 Appendix
incident — any occurrence, other than an accident or serious accident, affecting the safety of railway operations (13)
infrastructure manager — an infrastructure manager as defined in point (2) of Article 3 of Directive 2012/34/EU of the European Parliament and of the Council Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (OJ L 343, 14.12.2012, p. 32). (2)
interoperability constituents — borrowed from another act; this instrument states no meaning of its own (18)
investigation — a process conducted for the purpose of accident and incident prevention which includes the gathering and analysis of information, the drawing of conclusions, including the determination of causes and, when appropriate, the making of safety recommendations (14)
investigator-in-charge — a person responsible for the organisation, conduct and control of an investigation (10)
keeper — the natural or legal person that, being the owner of a vehicle or having the right to use it, exploits the vehicle as a means of transport and is registered as such in a vehicle register referred to in Article 47 of Directive (EU) 2016/797 (19)
level crossing — any level intersection between a road or passage and a railway, as recognised by the infrastructure manager and open to public or private users. Passages between platforms within stations are excluded, as well as passages over tracks for the sole use of employees.
6.4 Appendix
level crossing accident — any accident at level crossings involving at least one railway vehicle and one or more crossing vehicles, other crossing users such as pedestrians or other objects temporarily present on or near the track if lost by a crossing vehicle or user;
1.9 Appendix
level crossing user — any person using a level crossing to cross the railway line by any means of transport or by foot;
1.15 Appendix
light rail — an urban and/or suburban rail transport system with a crashworthiness of C-III or C-IV (in accordance with EN 15227:2011) and a maximum strength of vehicle of 800 kN (longitudinal compressive force in coupling area); light rail systems may have their own right of way or share it with road traffic and usually do not exchange vehicles with long-distance passenger or freight traffic (16)
line km — the length measured in kilometres of the railway network in Member States, whose scope is laid down in Article 2. For multiple-track railway lines, only the distance between origin and destination is to be counted.
7.4 Appendix
loader — an enterprise which loads packaged goods, small containers or portable tanks into or onto a wagon or a container, or which loads a container, bulk-container, multiple-element gas container, tank-container or portable tank onto a wagon (25)
manufacturer — borrowed from another act; this instrument states no meaning of its own (22)
national rules — all binding rules adopted in a Member State, irrespective of the body issuing them, which contain railway safety or technical requirements, other than those laid down by Union or international rules, and which are applicable within that Member State to railway undertakings, infrastructure managers or third parties (8)
national safety authority — the national body entrusted with the tasks regarding railway safety in accordance with this Directive or any body entrusted by several Member States with those tasks in order to ensure a unified safety regime (7)
On-board systems — systems assisting the driver to observe line-side signalling and in cab signalling and thus providing protection of danger points and enforcement of speed limits. On-board TPSs are described as follows:
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 Appendix
other (accident) — any accident other than a collision of train with rail vehicle, collision of train with obstacle within the clearance gauge, derailment of train, level crossing accident, an accident to person involving rolling stock in motion or a fire in rolling stock;
1.12 Appendix
other person at a platform — any person at a railway platform who is not defined as ‘passenger’, ‘employee or contractor’, ‘level crossing user’, ‘other person not at a platform’ or ‘trespasser’;
1.17 Appendix
other person not at a platform — any person not at a railway platform who is not defined as ‘passenger’, ‘employee or contractor’, ‘level crossing user’, ‘other person at a platform’ or ‘trespasser’;
1.18 Appendix
passage — any route, other than a road, provided for the passage of people, animals, vehicles or machinery.
6.6 Appendix
passenger — any person, excluding a member of the train crew, who makes a trip by rail, including a passenger trying to embark onto or disembark from a moving train for accident statistics only;
1.13 Appendix
passenger-km — the unit of measure representing the transport of one passenger by rail over a distance of one kilometre. Only the distance on the national territory of the reporting country shall be taken into account.
7.3 Appendix
passive level crossing — a level crossing without any form of warning system or protection activated when it is unsafe for the user to traverse the crossing.
6.7 Appendix
railway undertaking — a railway undertaking as defined in point (1) of Article 3 of Directive 2012/34/EU, and any other public or private undertaking, the activity of which is to provide transport of goods and/or passengers by rail on the basis that the undertaking is to ensure traction, including undertakings which provide traction only (3)
road — for the purpose of railway accident statistics, any public or private road, street or highway, including adjacent footpaths and bicycle lanes.
6.5 Appendix
safety management system — the organisation, arrangements and procedures established by an infrastructure manager or a railway undertaking to ensure the safe management of its operations (9)
serious accident — any train collision or derailment of trains resulting in the death of at least one person or serious injuries to five or more persons or extensive damage to rolling stock, the infrastructure or the environment, and any other accident with the same consequences which has an obvious impact on railway safety regulation or the management of safety (12)
serious injury (seriously injured person) — any person injured who was hospitalised for more than 24 hours as a result of an accident, excluding any attempted suicide.
2.1 Appendix
Signal Passed at Danger when passing a danger point — any occasion when any part of a train proceeds beyond its authorised movement and travels beyond the danger point;
4.5 Appendix
Signal Passed at Danger without passing a danger point — any occasion when any part of a train proceeds beyond its authorised movement but does not travel beyond the danger point.
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.
National 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.
4.6 Appendix
significant accident — any accident involving at least one rail vehicle in motion, resulting in at least one killed or seriously injured person, or in significant damage to stock, track, other installations or environment, or extensive disruptions to traffic, excluding accidents in workshops, warehouses and depots;
1.2 Appendix
significant damage to stock, track, other installations or environment — damage that is equivalent to EUR 150000 or more;
1.3 Appendix
suicide — an act to deliberately injure oneself resulting in death, as recorded and classified by the competent national authority;
3.2 Appendix
technical specification for interoperability — a specification adopted in accordance with Directive (EU) 2016/797 by which each subsystem or part of a subsystem is covered in order to meet the essential requirements and ensure the interoperability of the Union rail system (4)
track buckle or other track misalignment — any fault related to the continuum and the geometry of track, requiring track to be placed out of service or immediate restriction of permitted speed;
4.3 Appendix
track km — the length measured in kilometres of the railway network in Member States, whose scope is laid down in Article 2. Each track of a multiple-track railway line is to be counted Appendix
train — one or more railway vehicles hauled by one or more locomotives or railcars, or one railcar travelling alone, running under a given number or specific designation from an initial fixed point to a terminal fixed point, including a light engine, i.e. a locomotive travelling on its own;
1.5 Appendix
Train Protection System (TPS) — a system that helps to enforce obedience to signals and speed restrictions.
6.2 Appendix
train-km — the unit of measure representing the movement of a train over one kilometre. The distance used is the distance actually run, if available, otherwise the standard network distance between the origin and destination shall be used. Only the distance on the national territory of the reporting country shall be taken into account.
7.2 Appendix
trespasser — any person present on railway premises where such presence is forbidden, with the exception of a level crossing user;
1.16 Appendix
type of operation — the type characterised by passenger transport, including or excluding high-speed services, freight transport, including or excluding dangerous goods services, and shunting services only (31)
unfiller — an enterprise that removes goods from a tank (including a tank-wagon, wagon with demountable tank, portable tank or tank-container), a wagon, a large container or small container for carriage in bulk, or from a battery-wagon or multiple-element gas container (28)
Union rail system — borrowed from another act; this instrument states no meaning of its own (1)
unloader — an enterprise which removes a container, bulk-container, multiple-element gas container, tank-container or portable tank from a wagon, or any enterprise which unloads packaged goods, small containers or portable tanks out of or from a wagon or a container, or any enterprise which discharges goods from a tank (tank-wagon, demountable tank, portable tank or tank-container), or from a battery-wagon or multiple-element gas container, or from a wagon, large container or small container for carriage in bulk or a bulk-container (26)
vehicle — a railway vehicle suitable for circulation on wheels on railway lines, with or without traction; a vehicle is composed of one or more structural and functional subsystems (21)
Work passenger — a passenger travelling in connection with their professional activities excluding commuting. Value of time for a freight train (an hour) 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 1 year = (Tonne-km)/(Train-km) CM = Cost of 1 minute of delay of a train Passenger train CM_(P) = K1*(VT_(P)/60)*[(Passenger-km)/(Train-km)] Average number of passengers per train in 1 year = (Passenger-km)/(Train-km) Freight train 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) Scope of the model 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.
6.1 Appendix
wrong side signalling failure — any technical failure of a signalling system (either to infrastructure or to rolling stock), resulting in signalling information less restrictive than that demanded;
4.4 Appendix