Federal Security Investigation Board

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AustriaAustria  Federal Safety Investigation Board (SUB)
Austrian authority
State level Federation
Position of the authority subordinate agency (not subject to instructions)
At sight Federal Ministry for Climate Protection, Environment, Energy, Mobility, Innovation and Technology
Headquarters Vienna 21st , Trauzlgasse 1
Authority management Bettina Bogner
Website https://www.bmk.gv.at/ministerium/sub.html

The Federal Safety Investigation Center (SUB) in Austria is a statutory, intermodal, permanently established, independent investigation center for accidents in the area of ​​rail, cable car, civil aviation and shipping.

The SUB was an organizational unit of the Federal Transport Authority (BAV) until 2017 and has been a subordinate department of the Federal Ministry for Climate Protection, Environment, Energy, Mobility, Innovation and Technology since its dissolution .

Legal basis

The legal basis for the SUB is primarily the federal law on the independent safety investigation of accidents and incidents.

The European law basis for this national law is (§ 26 UUG):

  • Directive 2004/49 / EC on railway safety in the Community and amending Council Directive 95/18 / EC on the granting of licenses to railway undertakings and Directive 2001/14 / EC on the allocation of railway infrastructure capacity, the collection of Fees for the use of railway infrastructure and the safety certificate,
  • Directive 2009/18 / EC laying down the principles for investigating maritime accidents and amending Directive 1999/35 / EC of the Council and Directive 2002/59 / EC of the European Parliament and of the Council,
  • Regulation (EU) No. 996/2010 of the European Parliament and of the Council of October 20, 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56 / EC.

target

The aim of safety investigations is to find the possible causes of an incident, to learn from the mistakes, to avoid repetitions and thereby improve road safety. The investigations by the SUB do not serve to clarify questions of guilt and liability.

tasks

The SUB can conduct security investigations of incidents itself or supervise the conduct of a security investigation in whole or in part. The involvement of suitable persons (e.g. experts , doctors, etc.) and institutions is permitted.

In principle, the SUB only carries out its tasks in Austria. As an exception, the activity can also involve investigations into accidents involving rail vehicles or ships abroad if Austrian vehicles are affected and no other state is conducting an investigation. In Austria, the SUB's investigative activities are restricted if it concerns incidents involving vehicles of the Austrian Armed Forces and these incidents are investigated by military investigative commissions.

Procedural principles

The investigation procedure is according to § 6 UUG taking into account the aim of a safety investigation

  • simple and functional and
  • immediately and
  • to be completed as soon as possible, so that any infrastructure affected by the incident can be repaired and opened to traffic as soon as possible, and the procedure is complete
  • not public.

Procedure

introduction

In the case of incidents, the SUB itself determines whether an investigation will be carried out and who is the investigator in the specific case. In certain cases and incidents, the SUB must open an investigation.

The SUB can order the resumption of a safety investigation " if, within ten years of the completion of the final investigation report, new facts become known on the basis of which a different investigation result can be expected ".

examination

The investigators commissioned to carry out the proceedings have extensive powers to carry out their official investigations.

If the rights of natural persons are to be interfered with, a proportionality test must be carried out beforehand to determine whether the desired success is in a reasonable relationship to the likely interference with the rights of persons and whether there is not a reasonable prospect of the desired success even with less intrusive measures .

report

The " security investigation " carried out on an incident must be concluded with a final investigation report. The content of the report must be based on the type and severity of the incident. The report refers to the exclusive purpose of a safety investigation according to § 4 and § 5 Paragraph 14 and contains safety recommendations if necessary ”.

Security Recommendations

“ A safety recommendation is a proposal for the prevention of incidents that the head of the Federal Security Investigation Board issues on the basis of information that emerged in the course of the security investigation. Safety recommendations are always issued in the context of the investigation reports and may in no case contain statements or assumptions about questions of guilt or liability ”.

“ A safety recommendation is to be issued regardless of the status of the safety investigation procedure without further delay if this is necessary to prevent future incidents for the same or a similar reason ”.

Security report and incident statistics

The SUB must prepare an annual safety report on its activities, which must be published by 30 September each year at the latest and submitted to the National Council and, for the rail sector, the European Railway Agency.

The SUB also has to keep anonymous statistics (incident statistics) " on the incidents reported to it and to publish them annually as part of the safety report in accordance with Section 19 ".

Establishment and organization

The SUB is managed by a director appointed by the Federal Minister for Transport, Innovation and Technology.

When carrying out their safety investigations, the investigators are not bound by any instructions from bodies outside the federal safety investigation agency.

statistics

In 2013 the SUB were awarded the

  • Railway: 1,693 reports filed and 27 investigations initiated,
  • Shipping: 42 reports filed and an investigation initiated
  • Cable car: 13 reports submitted and no further investigation initiated,
  • Civil aviation: 1927 reports submitted and 41 investigations initiated.

Road Safety Advisory Board

The Federal Minister for Transport, Innovation and Technology has to appoint the Transport Safety Advisory Board with equal representation for a period of five years to provide expert advice on questions of road safety and the ongoing evaluation and further development of a road safety program for all modes of transport .

The chairman of the Road Safety Advisory Board is the Federal Minister for Transport, Innovation and Technology.

The meetings of the advisory board are not public. The Road Safety Advisory Board gives itself rules of procedure.

See also

Web links

Individual evidence

  1. ↑ See § 1 Paragraph 1 and § 2 UUG.
  2. ↑ Accident Investigation Act - UUG 2005, Federal Law Gazette I No. 123/2005.
  3. ↑ OJ. L 164, 44.
  4. ↑ OJ. L 131, 114.
  5. ↑ OJ. L 295, 35.
  6. ↑ § 4 and § 5 Abs. 14 UUG.
  7. ↑ § 3 Paragraph 2 SUB.
  8. ↑ See § 10 in conjunction with §§ 7 and 8 UUG.
  9. ↑ See Section 1 Paragraph 3 UUG.
  10. ↑ § 1 Abs. 4 and 5 UUG.
  11. ↑ With exceptions - see § 9 Paragraph 3 UUG.
  12. ↑ § 9 UUG.
  13. ↑ § 17 UUG.
  14. ↑ § 11 Paragraph 1 UUG.
  15. ↑ Section 11 (2) UUG.
  16. ↑ § 15 para. 1 UUG.
  17. ↑ § 16 para. 1 UUG.
  18. ↑ § 16 para. 2 UUG.
  19. ↑ A§ 19 UUG.
  20. ↑ § 20 UUG.
  21. ↑ § 3 Abs. 1 UUG.
  22. ↑ Pursuant to Section 5, Paragraph 15 of the UUG, investigators are employees of the Federal Transport Authority and other persons who are deployed by the Federal Security Investigation Board to carry out a security investigation.
  23. ↑ § 3 Paragraph 3 UUG.
  24. ↑ § 25 Paragraph 1 to 3 UUG.
  25. ↑ Section 25 (5) UUG.
  26. ↑ § 25 Paragraph 5 and 6 UUG.