Regulation on the Emergency Rescue, Investigation and Handling of Railway Traffic Accidents (2012 Revision)

Regulation on the Emergency Rescue, Investigation and Handling of Railway Traffic Accidents (2012 Revision) Regulation on the Emergency Rescue, Investigation and Handling of Railway Traffic Accidents (Promulgated by Order No. 501 of the Stare Council of the People's Republic of China on July 11, 2007, and revised by the Decision of the State Council on Amending and Repealing Some Administrative Regulations on November 9, 2012, Order No. 628 of the State Council) Chapter I General Provisions Article 1 This Regulation is enacted according to the Railway Law of the People's Republic of China and other relevant laws for the purpose of strengthening the emergency rescue in railway traffic accidents, regulating the investigation and handling of railway traffic accidents, reducing the casualty and property loss, and safeguarding the safety and free flow of railway transport. Article 2 This Regulation is applicable to the emergency rescue, investigation and handling of railway traffic accidents (hereinafter referred to as “accidents”) in which a railway vehicle collides with any passenger, motor vehicle, non-motor vehicle, livestock or other obstruction during the course of operation, or any conflict, derailing, fire, explosion, etc. occurs to the railway vehicle and thus affects the normal railway traffic. Article 3 The railway administrative department of the State Council shall strengthen the supervision over and administration of railway transport safety, establish and improve various systems for emergency rescue, investigation and handling of accidents, and be responsible for organizing, commanding and coordinating the emergency rescue, investigation and handling of accidents according to the limit of power and procedures as set down by the state. Article 4 The railway administrative organ shall strengthen the supervision over and administration of daily railway transport safety, urge railway transport enterprises to fulfill various provisions on the emergency rescue in accidents, organize, participate in and coordinate the emergency rescue, investigation and handling of accidents within its jurisdiction according to the limit of power and procedures as set down by the state. Article 5 Other relevant departments of the State Council and the relevant local people's governments shall, according to their respective responsibilities and division of functions, organize and participate in the emergency rescue, investigation and handling of accidents. Article 6 Railway transport enterprises, other relevant entities and individuals shall abide by all the provisions on the administration of railway transport safety, prevent and avoid the occurrence of accidents. In the case of an accident, a railway transport enterprise or any other entity shall timely and accurately report the accident, actively carry out the emergency rescue, reduce the casualty and property loss, and resume the normal railway traffic as early as possible. Article 7 No entity or individual may disturb or hinder the emergency rescue in accidents, the opening of railway lines, the running of trains, the investigation or handling of accidents. Chapter II Degrees of Accidents Article 8 Accidents are divided into extremely serious accidents, serious accidents, less serious accidents and common accidents in light of the casualty, direct economic losses, number of derailing trains and time of suspension of railway traffic, etc. Article 9 Any of the following circumstances shall be an extremely serious accident: 1. There are more than 30 persons dead, or more than 100 persons seriously injured (including industrial acute poisoning, similarly hereinafter), or more than 100 million yuan of direct economic losses; 2. There are more than 18 passenger trains derailed on a busy railway, and the suspension of railway traffic lasts for more than 48 hours; or 3. There are more than 60 freight trains derailed on a busy railway, and the suspension of railway traffic lasts for more than 48 hours. Article 10 Any of the following circumstances shall be a serious accident: 1. There are 10-30 persons dead, or 50-100 persons seriously injured, or 50 million –100 million yuan of direct economic losses; 2. There are more than 18 passenger trains derailed; 3. There are more than 60 freight trains derailed; 4. There are 2-18 passenger trains derailed, and the traffic of a busy railway is suspended for more than 24 hours, or the traffic of any other railway is suspended for more than 48 hours; or 5. There are 6-60 freight trains derailed, and the traffic of a busy railway is suspended for more than 24 hours or the traffic of any other railway is suspended for more than 48 hours. Article 11 Any of the following circumstances shall be a less serious accident: 1. There are 3-10 persons dead, or 10-50 persons seriously injured, or 10–50 million yuan of direct economic losses; 2. There are 2-18 passenger trains derailed; 3. There are 6-60 freight trains derailed; 4. The traffic of a busy railway is suspended for more than 6 hours; or 5. The traffic of any other railway is suspended for more than 10 hours. Article 12 In case there are less than 3 persons dead, or less than 10 persons seriously injured, or less than 10 million yuan of direct economic losses, it is a common accident. In addition to the aforesaid provisions, the railway administrative department of the State Council can formulate the supplementary provisions on other circumstances of common accidents. Article 13 The term “more than” as used in this Chapter shall include the number itself, and the term “less than” as used in this Chapter shall not include the number itself. Chapter III Reporting of Accidents Article 14 After an accident occurs, the staff of a railway transport enterprise and other persons on the scene shall immediately report the accident to the adjacent station, train dispatcher or public security organ. Upon receipt of such a report, the relevant entity and persons shall immediately report the conditions about the accident to t......