Circular No. 34/2018/TT-BCA stipulates the procedures for investigating and resolving railway traffic accidents by traffic police forces.

CIRCULAR
Regulations on the procedures for investigating and handling railway traffic accidents
by traffic police forces

Based on the Criminal Code 2015 (amended in 2017);

Pursuant to the Criminal Procedure Code 2015;

Based on the Law on the Organization of Criminal Investigation Agencies 2015;

Pursuant to the Railway Law 2017;

Pursuant to the Law on Handling Administrative Violations 2012;

BASED ON THE LAW ON TRAFFIC ON ROADS 2008;

Pursuant to the Law on People's Police 2014;

Based on the Law on Expropriation of Property 2008;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Traffic Police Department,

The Minister of Public Security promulgates this Circular stipulating the procedures for investigating and handling railway traffic accidents by traffic police forces.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the principles, procedures for investigating and handling railway traffic accidents by traffic police forces.

Article 2. Applicability

1. Officers and non-commissioned officers of the traffic police force and other relevant public security forces.

2. Public security units and localities.

3. Other relevant agencies, organizations, and individuals.

Article 3. Principles of investigation and resolution of railway traffic accidents

1. Compliance with the provisions of this Circular and other relevant laws.

2. Ensuring promptness, timeliness, accuracy, objectivity, comprehensiveness, and avoiding overlap.

3. Not to abuse the work of investigating and resolving railway traffic accidents to infringe upon the interests of the State, the rights, and legitimate interests of organizations and individuals.

1. Forms to be used in the work of investigating and resolving railway traffic accidents shall be implemented in accordance with the provisions of Circular No. 61/2017/TT-BCA dated December 14, 2017, issued by the Minister of Public Security regarding forms, documents, and ledgers for criminal investigations and the forms prescribed in Clause 2 of this Article.

2. This Circular also issues a form for the Record of Technical Indicators of Railway Tracks, Level Crossings, Shared Bridges, Bridges, Tunnels, and Information Related to Railway Traffic Accidents (Form No. 01DS/TNGT).

Chapter II

PROCEDURES FOR INVESTIGATING AND RESOLVING RAILWAY TRAFFIC ACCIDENTS

Section 1

PROCEDURES FOR INVESTIGATING RAILWAY TRAFFIC ACCIDENTS

Article 5. Receiving Reports

1. Personnel receiving reports about railway traffic accidents must ask clearly and record in the Accident Log the following information:

a) Name, address, telephone number (if available) of the person reporting the incident;

b) Time of receiving the report, location where the incident occurred;

c) Initial casualties (number of deaths, number of injuries); vehicles (road, rail), railway equipment, and other property (if any);

d) If the reporter is a railway employee, they must also be asked about actions taken at the scene (emergency response, securing the scene); related information about the railway traffic accident, the nature of the accident: derailment, collision, locomotive derailment, car derailment, train collision with other vehicles, obstacles, train collision with pedestrians; train markings, train conductor, driver, co-driver;

đ) Name, address, telephone number of persons involved or who know about the occurrence of the railway traffic accident (if any);

e) Other information about the railway traffic accident (if any).

2. Immediately after receiving the report as stipulated in Clause 1 of this Article, the personnel receiving the report must report to the unit's direct commander to instruct the investigation and resolution according to regulations.

Article 6. Handling of Reports

Article 7. Immediate Actions at the Scene

When traffic police officers arrive at the scene, they must perform the following tasks:

1. Organize rescue operations for victims:

a) Observe the scene to identify dangers such as fire, explosion, toxic substances, or other threats to human life, health, or property, and organize appropriate rescue and evacuation efforts;

b) Check the number of deceased and injured persons, promptly notify the nearest medical facility or the Emergency Medical Service Center 115 to organize rescue operations for victims. If victims are still lying on the road, mark their positions, provide first aid before transporting them for further treatment; if using vehicles involved in the accident to transport victims for treatment, mark the positions of the vehicles and traces on the vehicles.

2. If arriving at the scene where victims have already been transported for treatment, verify information about their identity and injuries, and propose measures for resolution. If the victim has died, maintain their position and cover the body; if the location causes traffic congestion, mark the position, take photos, record video (if available), and move the body to an appropriate location and cover it.

3. Notify insurance companies about the railway traffic accident if the person and vehicle involved are insured; check the alcohol level or stimulants of the vehicle drivers related to the accident as prescribed by law. If the vehicles involved may cause traffic congestion, mark their positions and traces on the vehicles, and move them to an appropriate location to secure the scene.

4. Determine the main scene, delineate the area, protect the scene, and safeguard the victims' property and goods on the vehicles involved in the accident:

a) For derailment accidents involving locomotives or carriages, the protected scene is the position of the locomotive or carriage after the accident and the railway section from the stopping point of the locomotive or carriage to the starting point of the derailment, and from the starting point of the derailment back towards the rear of the train direction from 100 meters (m) to 300 meters (m);

b) For collisions between trains (head-on, tail-end, or side collisions) within stations or yards, the protected scene is the area covered by the two railway vehicles involved in the collision and their stopping points after the accident;

c) For collisions between trains and road vehicles within the safety limits of railway traffic, the protected scene is the area where the accident occurred;

d) For broken rail accidents, the protected scene is the area where the broken rail occurred;

đ) In cases where hazardous chemicals, poisons, explosives, or flammable materials are carried on the train, quickly determine the positions of the carriages at the scene; simultaneously, request the railway sector to move those carriages out of the scene and residential areas, ensuring safety (before moving the carriages, take photographs);

e) Organize protection of the scene within the delineated area.

5. Organize traffic guidance on roads (if necessary). In cases where the accident causes traffic congestion, report and propose measures for resolution to the leadership of their own unit and relevant units where the accident occurred.

a) In urgent situations to transport victims for treatment, apprehend criminals who fled the scene, rescue, evacuate, or extinguish fires, they have the right to mobilize vehicles, communication equipment, and other means of transportation belonging to organizations, individuals, and those operating or using them. Mobilization can be done through requests or demands.

b) The requisition of transportation means, communication means, and other means from agencies, organizations, and individuals shall be carried out according to the decision of the competent authority and in accordance with the conditions, procedures, and formalities prescribed by the Law on People's Police, the Law on Purchase and Requisition of Property; it shall not be abused for personal gain during the investigation and resolution of railway traffic accidents to mobilize or requisition means; if violated, disciplinary action or criminal responsibility will be pursued according to the provisions of the law depending on the nature and extent of the violation; in case of damage caused, compensation must be provided according to the provisions of the law.

Article 8. Preparation for the Examination of the Scene

1. Receive tasks from the scene protection unit.

2. Determine the scope of the scene; the positions of victims, objects, means, traces; assess whether the scene remains intact or has been disturbed.

3. Choose the examination method; determine the direction of examination appropriately; identify reference points (landmarks) and standard rail edges to locate the positions of victims, objects, means, and traces. Reference points must be stable in position, easily recognizable, and convenient for measurement and drawing of the scene diagram.

4. Check the means, equipment, and tools serving the examination of the scene.

1. Examine related means, documents, objects, electronic data, and traces at the scene.

2. Based on the direction of examination or reference points (landmarks) at the scene, mark the natural order of positions of all victims, means, objects, and relevant traces. Traces that are prone to change or deformation must be collected and preserved immediately such as bloodstains, hair, fibers, gasoline, oil, and other organic chemical traces.

3. Take photos of the overall scene, partial scenes, victim photos, means, object photos, and relevant trace photos; record video (if available). When compiling photo records, photos must be numbered and annotated.

4. Measure and draw the accident scene diagram; when measuring and drawing the scene diagram, consistent symbols and units of measurement must be used.

5. Collect and preserve objects and means (if any), record traces, and take comparative samples according to the provisions of the law.

6. Prepare the scene examination report for the traffic accident. The scene examination report for the traffic accident must be consistent with the scene diagram and the scene photo album. The content of the report must include the full time, location, participants in the examination; the condition of the scene before examination, weather and lighting conditions during the examination process, the specific examination process, as follows:

a) Describe the scene such as: the railway section where the accident occurred (inside the station or between stations); characteristics and shape of the railway section (flat or inclined, straight or curved, obstructed or unobstructed view); signaling system; obstacles on the railway; intersections with roads and characteristics of the road.

b) Record the numbering of the positions of victims, objects, means, and traces in natural order.

c) Record the determination of reference points (landmarks) at the accident site and the direction of scene examination.

d) Describe the positions and characteristics of victims, objects, means, and traces on the scene according to their numbers.

đ) Record the specific quantities of objects, means, and traces found, collected, and comparative samples (if any).

e) Record the process of drawing the scene diagram and taking photos of the scene, recording video (if available).

7. Conclude the scene examination:

c) Approving and signing the Traffic Accident Scene Examination Report and the Traffic Accident Scene Diagram.

c) Approving and signing the Record of the Scene Examination and the Diagram of the Accident Scene;

c) Approve and sign the scene examination report and the accident scene diagram.

2. Inspect the driver's cabin:

a) Check the position and status of the control lever, reversing lever, brake lever (large brake, small brake, hand brake); readings of the gauges (speed, main air reservoir pressure, brake pipe pressure, lubricating oil pressure, cooling water temperature). For the air pressure gauge, a thorough check of the calibration seal must be conducted.

4. Inspect the bogie:

a) Determine the first axle that has come off the rail, concentrate on inspecting the bogie with that axle. If the first axle that has come off the rail cannot be determined, then inspect all axles.

b) Inspect the wheel pair, measure the wheel flange clearance, measure the height and thickness of the wheel flange, examine the paint marks between the axle and the wheel rim, tread, and rolling surface to identify technical faults; detect unusual marks on the wheel flange, axle, and rolling surface. In the case of a three-axle bogie, check the distance between the axles and the offset of the bogie frame; determine the longitudinal play of the Kingpin at the axle end.

c) Measure the height of the spring system, check the chain, spring hanger, spring leaves, and air bladder.

5. Inspect the length and angle of the hydraulic shock absorber; the position and status of the electric motor drive, gear box between the electric motor drive and the axle; pay attention to burnt smells from the electric motor drive and bearings to detect fire incidents in these parts.

6. Inspect the braking system:

a) Check the operation of the air pump, safety valve of the main air reservoir, air pipe system, air shut-off valves, and the state of the brake cylinder piston.

b) Check the installation of the braking system, brake shoe hanger, brake beam, brake rod, brake lever, brake disc.

c) Check the quantity and measure the thickness of the brake shoes and brake pads; examine the marks and color on the surface of the brake shoes.

d) Check the operation of the sanding system; check the marks on the shock absorber.

7. Inspect the mounting parts, support brackets, couplers, uncoupling levers, measure the swing angle, upper gap, and distance from the rail surface to the center of the coupler head.

8. The inspection report of the locomotive must fully record the inspection process; review and sign the report.

1. Record the passenger car number, weight, load capacity, height, length, width, time and place of regular maintenance (recorded on the side of the car), goods transported on the passenger car (if any).

2. Inspect the passenger car body: determine the condition of the goods on the passenger car (quantity, volume, and stacking condition); determine the tilt of the car body; the connection and working condition between the buffers; if it is a self-unloading freight car, determine the position of the car body control lever and the locking state of the control lever.

3. Inspect the bogie, braking system, mounting parts, support brackets, couplers, uncoupling levers, measure the swing angle, upper gap, and distance from the rail surface to the center of the coupler head according to the provisions of Clauses 4, 6, and 7 of Article 10 of this Circular.

4. Inspect the R-T lever position of the braking system; guardrails, walkways, steps, handrails; goods on the passenger car: type of goods, quantity, weight, stacking method, and securing of goods. In cases where the train has rolled down due to loss of braking capability, check the state of the couplers, manual braking systems on the cars and may test the brakes according to the Railway Law.

5. Inspect the passenger car electrical system: cable connections between cars; location of electrical wires, insulation capability of the wires; leakage voltage phenomena.

6. The inspection report of the passenger car must fully record the inspection process; review and sign the report.

1. Depending on each specific case, statements shall be taken from railway employees related to the accident, such as: train drivers, assistant drivers, train conductors, station traffic controllers, shunting masters, crossing guards, carriage attendants, level crossing guards, bridge watchmen, or tunnel patrolmen; when inspecting any means of transport or equipment, statements must be taken from the persons managing or using such means or equipment.

2. The statement record must clearly state the date, month, year, and location where the record was made; the name, position of the person making the record; the name, address, occupation of the railway employee; their actions before, during, and after the accident occurred; the course of events and causes of the accident. If the accident involves railway safety equipment, signaling devices, locomotives, or carriages, the content of the statement must focus on the process of receiving, handing over shifts, and operational procedures performed by users, managers, or repairers.

1. Records of statements from victims and other related parties in the accident must clearly state the date, month, year, and location where the record was made; the name, position of the person making the record; the name, address, occupation of those whose statements are being taken. The content of the statements must clarify the course of events and causes of the accident, injuries caused by the accident.

2. In cases where the victim is seriously injured or may die, statements must be taken immediately; questions should be short and clear. If a seriously injured victim cannot speak, a record of this fact must be made.

1. Witness statement records must clearly state the date, month, year, and location where the record was made; the name, position of the person making the record; the name, address, occupation of the witness; the time, date, month, year, and location of the accident, traffic density; the content of the statement must clarify the following issues:

a) Determining the capacity for action of the witness, the relationship between the witness and the parties involved in the accident;

b) The position, distance between the witness and the location of the accident, weather and lighting conditions at the time of the accident, how they became aware of the accident;

c) The direction of movement of the parties involved in the accident (people and vehicles);

d) The section of the road and speed, handling procedures of the vehicle operator before, during, and after the accident;

đ) The reactions of the parties involved before the accident occurred;

e) The positions of the vehicles, people, objects after the accident, whether these positions have been changed; if there has been any change or movement, who did it and why;

g) The psychological state of the person causing the accident manifested externally (effects of stimulants, alcohol, health condition);

h) Other relevant factors concerning the accident that they know about, who else knows about the occurrence of the accident.

3. In cases where it is not possible to take statements from witnesses at the scene immediately, the officer taking statements must record information about the place of residence, work, study, contact phone number (if available) of the witness, then proceed to the witness's place of residence, workplace, or school, or invite them to the nearest police station or People's Committee office to take statements. For individuals under 18 years old, when taking statements, a representative or a person protecting their legitimate rights and interests must participate and sign the record.

2. Examining road traffic vehicles related to the railway traffic accident: the examination of road traffic vehicles related to the railway traffic accident shall be conducted in accordance with the Circular of the Minister of Public Security on investigating and handling road traffic accidents by traffic police forces.

3. Examining marks on the bodies of victims:

a) Marks on the bodies of victims must be meticulously recorded (detailed description in the record, photographs taken). If the victim is female, a female officer must participate in examining the injury marks and there must be a witness of the same gender present;

b) If the victim is taken for emergency treatment, certificates of injuries, medical records of trauma treatment caused by the accident, or results of requests for forensic assessment of bodily injury rates must be collected;

c) If the victim does not go for emergency treatment but requests a forensic assessment of bodily injury rates, the provisions at point a of this Clause must be implemented and a report must be submitted to the competent authority to request the forensic agency to conduct the assessment in accordance with the law.

4. Determining technical standards of the railway track related to the accident:

a) The first derailment point or the first occurrence of the accident;

b) Conducting technical inspections of the railway track within a range of 100 meters to 300 meters, starting from the first derailment point or the accident site against the direction of train travel, measuring every 3 meters and recording data on distance and level; if the accident occurs on a curve, inspect the rail profile to determine the degree of curvature of the curve;

c) Inspecting the quantity and quality of railway equipment and accessories: rails, rail joint gaps, sleepers, fasteners, connecting parts, ballast, and determining the degree of connection between them. If there are gaps between connections, they must be specifically measured, especially the gaps between the rail and the sleeper, between the underside of the sleeper and the upper layer of ballast, and between the spikes and bolts and the rail base; pay attention to marks on the rail, sleeper, and accessories;

d) Collecting marks: In cases where locomotives or carriages derail due to obstacles on the railway track (spikes, rocks) or equipment falling off the locomotive or carriage, examine marks on the obstacle, prepare a record of collection and preservation according to regulations; in cases of accidents caused by equipment falling off the locomotive or carriage, determine their positions and states before the accident; determine the state of disconnection when separated from the locomotive or carriage (angle, bolt loosening; deformation);

đ) The determination of technical standards of the railway track related to the accident must be recorded in a record in accordance with the law.

5. Determining technical standards of the level crossing related to the accident:

a) The location where the accident occurred on the level crossing;

b) Visibility, condition of the level crossing (surface paving, slope, angle of intersection, guard rail), classification of the level crossing, warning signs in the level crossing area, organization of traffic on the level crossing (with or without protection, legal or illegal level crossing);

c) Inspecting marks on the railway track: wheel marks, skid marks on the rail surface, oil stains, blood (if any);

d) Inspecting marks on the section of the road intersecting with the railway track;

đ) In cases where the accident occurs at a level crossing with personnel and traffic control systems: Determine the status of barriers and signals on the road at the time of the accident; marks left on the barrier arm; record the position of the mobile red stop sign, signals on the railway track; record the operation of the signaling equipment; determine the position of the crossing attendant at the time of the accident, training certificates, level crossing logbook;

e) The determination of technical standards of the level crossing related to the accident must be recorded in a record in accordance with the law.

6. Determining technical standards of railway bridges and shared bridges related to the accident:

a) In cases where the accident occurs on a bridge due to the upper structure of the railway, it shall be carried out in accordance with the provisions of Clause 4 of this Article;

b) Determining the status of signals at both ends of the bridge (if any). For shared bridges between roads and railways, determine the organization of traffic at both ends of the bridge;

c) In cases where the accident occurs due to the structure of the bridge, the location of the accident on the bridge must be determined: Determine the type of bridge (concrete, steel), characteristics, and features of the bridge; measure the overall height of the bridge, length of one span, number of piers; record visible defects;

d) The determination of technical standards of railway bridges and shared bridges related to the accident must be recorded in a record in accordance with the law.

7. Determining technical standards of tunnels related to the accident:

a) Technical standards inside the tunnel shall be carried out in accordance with the provisions of Clause 4 of this Article;

b) In cases where water leakage from the tunnel causes the accident, determine the damages of the tunnel shell leading to the accident;

c) The determination of technical standards of tunnels related to the accident must be recorded in a record in accordance with the law.

8. Determining technical standards of signals related to the accident:

a) Direction, signal indication, pressure of the signal blade against the main rail, operational status of signal equipment and accessories;

b) Checking the technical quality of the signal blade, maintenance conditions, guard rail, signal center and main rail; checking the quality of the safety pin position, electrical control lock of the signal;

c) Examining foreign objects within the operating range of the signal, if any, describe their positions, sizes of marks, and collect and preserve them;

d) Shift plans for receiving and dispatching trains, station operations, and signal guarding: Collect shift sheets, route cards, station train running logs;

đ) The determination of technical standards of signals related to the accident must be recorded in a record in accordance with the law.

9. Determining technical standards of signal posts and signal lights related to the accident:

a) The height of the signal post, accompanying accessories (signal wings, color of the signal wings, colored glass, weight bar, elbow control arm), the signal pull system, steering wheels;

b) The height of the signal light post, signaling mechanism, light source;

c) Determining technical standards for the signal post and signal lights related to the accident must be recorded in a protocol as prescribed by law.

10. Reconstructing the scene:

a) During the investigation of the accident, if there is evidence indicating that the scene has been disturbed, fabricated, or if it is deemed necessary for the investigation and resolution of the accident, the scene must be reconstructed. Reconstruction of the scene must have a plan and decision from the authorized person;

b) The content of reconstructing the scene includes re-establishing the positions of the victims, objects, vehicles, traces left at the scene, reviewing situations, behaviors, and circumstances when the accident occurred; measuring and redrawing the scene diagram; taking photographs for comparison purposes;

c) Upon completion of reconstructing the accident scene, a protocol must be established as prescribed, with all participants signing and clearly stating their names on the protocol.

In cases where it is necessary to appraise the degree of bodily injury of the victim or to appraise traces, technical equipment, bridges, roads, ferries, the competent authority must request the appraisal agency to conduct an appraisal according to the provisions of the law.

If the victim refuses to undergo an appraisal of the degree of bodily injury, a protocol must be established, recording the reasons for refusal, confirmed by the victim or a witness, and if applicable, the victim must be escorted or the appraisal conducted as provided for in Point b Clause 2 Article 127 of the Criminal Procedure Code 2015.

In cases where an appraisal of the degree of bodily injury is required but the victim has died, disappeared, or in other cases as prescribed by law, relevant materials and items must be collected and the competent authority requested to conduct an appraisal through the file as stipulated in Clause 2 Article 2 Circular No. 20/2014/TT-BYT dated June 12, 2014 issued by the Minister of Health regarding bodily injuries used in forensic medical and forensic psychiatric appraisals.

Section 2

RESOLVING RAILWAY TRAFFIC ACCIDENTS

After accepting case files, evidence, and means of transport of railway traffic accidents transferred by the investigative agency for administrative violation handling, the traffic police unit shall implement as prescribed in Article 63 of the Law on Handling Administrative Violations 2012 and other relevant laws.

1. In cases where the accident results in compensation for damages, the assigned officer shall invite the parties involved to the unit's office to inform them of the fault, extent of damage, cause of the accident, and guide the parties to negotiate a settlement themselves.

If the parties involved cannot reach an agreement, they should be advised to contact the competent court to resolve the matter through civil litigation procedures.

2. After completing the investigation and resolution of the accident, the investigating and resolving unit must complete the final investigation report; implement statistical and reporting systems for railway traffic accidents as prescribed by the Ministry of Public Security and relevant laws; organize evaluations and lessons learned from the investigation and resolution of railway traffic accidents.

Article 18. Opening registers, registering and retaining traffic accident files on railway tracks

1. The unit responsible for investigating and resolving traffic accidents shall open a Register of Traffic Accident Cases.

2. The Register of Traffic Accident Cases and the traffic accident files on railway tracks must be registered for retention, preservation, and utilization in accordance with the regulations on file work procedures of the Traffic Police under the Ministry of Public Security.

Chapter III

IMPLEMENTATION

Article 19. Effective Date

This Circular takes effect from December 1, 2018, and replaces Circular No. 06/2013/TT-BCA dated January 29, 2013, issued by the Minister of Public Security, which stipulates the procedures for investigating and resolving traffic accidents on railway tracks by the Road and Railway Traffic Police.

Article 20. Responsibility for Implementation

1. THE DIRECTOR OF THE TRAFFIC POLICE CORPS IS RESPONSIBLE FOR MONITORING, GUIDING, INSPECTING, AND URGING THE IMPLEMENTATION OF THIS CIRCULAR.

2. Heads of units under the Ministry of Public Security, Directors of Public Security Departments of provinces and centrally-administered cities have the responsibility to implement this Circular. In the course of implementation, if there are difficulties or obstacles, local public security units shall report to the Ministry of Public Security (through the Traffic Police Corps) for timely guidance.

In the course of implementation, if there are difficulties or obstacles, local public security units shall report to the Ministry of Public Security (through the Traffic Police Corps) for timely guidance./.