Page 19 - Report of the railway accidents investigated in 2021

Annual report 2021
investigation authorities of neighbouring European Union member states Latvia and Finland.
If an accident involves a railway infrastructure manager established or licensed in another Member State of the European Union and a railway rolling stock that has been involved in an occurrence affecting railway safety that has been registered or maintained in that Member State, the legislation provides an obligation to invite investigative bodies of that country to participate in the safety investigation and they are given access to the relevant information. Thus far, there has been no requirement to use this provision. Neither has it been necessary to ask for help from the safety investigation bodies of other countries or the European Railways Agency with specialist knowledge, technical inspection, performing analysis and giving assessments although legislation allows this.
The investigator-in-charge has all the powers when conducting a safety investigation, to decide on inclusion, interpretation of the information obtained and systematic treatment of facts, knowledge, and circumstances. The results will be reflected in the content of the investigation report. During the investigation, the investigator-in-charge contacts all parties involved, listens to their viewpoints and opinions and if necessary, asks clarifying questions. Before the end of the investigation the investigator-in- charge provides the parties concerned an extended summary of the results of the safety investigation. In accordance with established practice, the extended summary has included discussion, conclusions, additional observations, actions taken and recommendations for improving railway safety. Since the Directive 2016/798 was adapted to the Estonian judicial area and the establishment of the implementing regulation 2020/572 no amendment to application of relevant experience has been established due to the absence of relevant cases. The summary is always discussed with the relevant authorities, companies, institutions and, if interested, individuals. As a result of the discussion, the investigator-in-charge has prepared the safety investigation report for signing and subsequent publication.
Since 2004 when the safety investigations of railway accidents and incidents began, neither the investigator-in-charge nor members of the investigation committee have ever been part of a police criminal investigation, railway company internal investigation, misdemeanour proceedings of the Consumer Protection and Technical Regulatory Authority or any other proceedings or investigation of the given case conducted by another authority. Neither has any person involved in the investigation of a given case participated in a safety investigation.
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