Eisenbahn-Unfalluntersuchungsstelle des Bundes

The Railway Accident Investigation Board of the Federation ( ESA ) is an independent investigative body of the federation, the case of severe accidents on the railway operation in Germany an investigation carried out to determine the cause of the accident and, if necessary, make recommendations to prevent future accidents. In addition, it can act that would cause a serious crash can lead to an extent that there is sufficient evidence for hazardous incidents. The ESA is assigned to the Federal Ministry of Transport, Building and Urban Development in the subdivision railways.

Legal foundations

The work of the ESA is based on the EU Directive 2004/49/EC (Directive on railway safety ) of 29 April 2004 Directive is to ensure, inter alia, that in the event of a serious accident ( as defined by the Directive.: accidents with at least one death, at least five serious injuries or damage, estimated by the investigating body to at least EUR 2 million) independent of a judicial investigation, a safety investigation of a site is carried out that is not in by relations with the actors in the railway sector a conflict of interest unit. In particular, its functional independence required by the authorities responsible for the railway sector national security authority or regulatory body, namely in Germany by the Federal Railway Authority.

The Member States of the European Union in accordance with Directive obliged to ensure that the investigative body after serious accidents is conducting an investigation.

Specifically, it says to set up a test site:

"Member States shall ensure that the referred to in Article 19 accidents and incidents are investigated by a permanent body that has at least one investigator, who is able to operate in an accident or incident investigation staff. This site organization, legal and in their decisions from infrastructure managers, railway undertaking, charging body, allocation body and notified body and of any party whose interests could conflict with the duties of the investigating body. They shall furthermore be functionally independent from the safety authority and from any regulator of railways. "

Details investigative body to be established are described in Chapter V, Article 21 of the Directive.

The implementation of the Directive in Germany was with the Fifth Act Amending railroad legislation ( 5 EisenbRÄndG ) of 16 April 2007 and the second regulation on the adoption and amending of railway law provisions on 5 July 2007. Tasks of the ESA arising from the General Railway Act ( AEG ) and the railway accident Investigation Regulation. With the 5th EisenbRÄndG the AEG was changed with respect to the EU Directive. The establishment of the ESA in accordance with § 5 para 1f General Railway Act was carried out with a decree of the Federal Ministry of Transport, Building and Urban Affairs on August 20, 2008.

Organization

In addition to managing the ESA, there is a study center with its own management level. The study center is divided into four study areas:

  • Study district Berlin
  • Investigation District Food
  • Study district Karlsruhe
  • Investigation Munich district
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