The Railways (Accident Investigation and Reporting) Regulations 2005
| Jurisdiction | UK Non-devolved |
| Citation | SI 2005/1992 |
| Year | 2005 |
(1) These Regulations may be cited as the Railways (Accident Investigation and Reporting) Regulations 2005.on 17th October 2005 in relation to the whole of the United Kingdom except the Channel Tunnel system, in so far as it forms part of the United Kingdom; andon 31st January 2006 in relation to the Channel Tunnel system, in so far as it forms part of the United Kingdom.(1) In these Regulations—operator;railway asset;railway services;rolling stock;station;track; andtrain.the death of at least one person;serious injuries to five or more persons; orextensive damage to rolling stock, the infrastructure or the environment.a fracture other than to fingers, thumbs or toes;amputation;dislocation of the shoulder, hip, knee or spine;loss of sight, whether temporary or permanent, in one or both eyes;a chemical or hot metal burn or any penetrating injury to one or both eyes;an injury leading to hypothermia or heat-induced illness;an injury requiring resuscitation of the injured person;an injury requiring admittance to hospital for more than 24 hours;an injury directly leading to loss of consciousness; oran injury resulting from the absorption of a substance by inhalation, ingestion or through the skin that causes acute illness requiring medical treatment.(5) Any expression used both in these Regulations and the Safety Directive and not otherwise defined in these Regulations has the same meaning for the purposes of these Regulations as it has for the purposes of the Safety Directive.involves a train being used within an industrial curtilage for the purpose of carrying passengers for reward; oris not used for any purpose connected with the industrial activity within that curtilage other than to facilitate the entry to or exit from that curtilage; oris directly controlled or operated by the person who controls or operates the railway outside the industrial curtilage to which the track within the curtilage is connected.(2) An accident or incident that occurs on a railway which is operated by a cable haulage system and has a track of a length not exceeding 1 kilometre shall not be treated as an accident or incident for the purposes of Part 1 of the 2003 Act.(3) Subject to paragraph (4) , an accident or incident that occurs on a railway, no part of which crosses a carriageway (whether or not at the same level) , shall not be treated as an accident or incident for the purposes of Part 1 of the 2003 Act.(4) Paragraph (3) shall not apply to an accident or incident occurring on a railway operated by a cable haulage system that is not excluded under paragraph (2) .“factory” means a factory within the meaning of section 175 of the Factories Act 1961 and premises to which section 123(1) or (2) or 125(1) of that Act apply unless such premises are used for the purposes of inspection, servicing, maintenance or repair (excluding construction or re-construction) of railway property;“industrial curtilage” means a curtilage of a harbour, freight terminal, mine, quarry or factory;“mine” has the same meaning as in section 180 of the Mines and Quarries Act 1954 ; and“quarry” has the same meaning as in regulation 3 of the Quarries Regulations 1999 .(1) Subject to paragraph (6) , a railway industry body whose property or staff have been involved in an accident or incident of a type listed in Schedule 1 on a railway or on railway property other than within the Channel Tunnel system shall notify the Branch of its occurrence immediately it learns of the occurrence and by the quickest means available.(2) Subject to paragraph (6) , a railway industry body whose property or staff have been involved in an accident or incident of a type listed in Schedule 2 on a railway or railway property other than within the Channel Tunnel system shall notify the Branch of its occurrence as soon as is reasonably practicable and in any event within three working days of its occurrence.(3) Where staff or property of a railway industry body have in any month been involved in an accident or incident of a type listed in Schedule 3 on a railway or railway property other than within the Channel Tunnel System, the body shall notify the Branch of every such occurrence
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