Newsletter 高速鐵路簡訊 . 交通部高速鐵路工程局
交通部調查鐵路重大事故作業機制 MOTC Investigation on the Processing of Major Railway Accidents
交通部召開鐵路重大事故調查起始會議

交通部為加強鐵路安全監理,提升重大事故調查結果之客觀公正,依據103年修正之鐵路法,於104年2月24日訂定「交通部調查鐵路重大事故作業要點」,並於4月14日召開起始會議。
回顧過去近40年之鐵路事故調查機制,在67年鐵路法全文修正時,首次將鐵路事故調查納入法令條文,但僅要求鐵路機構執行,並未規範交通部負有調查之責;在95年高鐵通車前,為避免外界質疑民營機構自行調查事故,恐缺乏客觀公正,故交通部訂定「高速鐵路行車事故處理小組設置與作業要點」,據以調查高鐵重大事故原因。隨著鐵路運量持續成長,強化鐵路監理亦成為重要課題,故交通部參酌國外鐵路事故調查機制,於98年所提鐵路法修正草案中,增訂第56條之5第2項交通部應聘請專家調查重大事故之發生經過及其發生原因之規定,經立法院審查並三讀通過後,於103年6月18日公布施行。
依據「交通部調查鐵路重大事故作業要點」規定,交通部應對所有鐵路系統發生正線衝撞、正線出軌、正線火災、重大死傷等4類重大事故,聘請鐵路警察局局長及土建、機電、營運專家學者共7人擔任委員協助調查,並得視個案需要增聘委員。因應調查作業需要,交通部得要求鐵路機構派員說明、提出相關紀錄或設備、辦理現場會勘,並視調查結果提出應行改進事項。倘經查事故原因係鐵路機構未符合鐵路法相關規定所致,或鐵路機構未確實依應行改進事項辦理,交通部得依鐵路法第67條予以裁罰。
各鐵路機構於104年起所發生之重大事故,均將由交通部及外聘委員共同調查,盼藉此提升鐵路事故調查之專業與客觀,並促使鐵路機構落實行車設備、從業人員、規章程序與安全管理制度之檢討與精進。

To strengthen the supervision of railway safety and improve justice and objectiveness in major accident investigations, MOTC decided to establish "Operational Guidelines for MOTC Investigation on Major Railway Accidents" based on the Railway Act that was last amended in 2014. The establishment meeting was on Feb. 24, 2015 and the kick-off meeting was held on Apr. 14.
Looking back at investigation mechanisms in the last 40 years, regulations have evolved gradually. In 1978, clauses regarding accident investigation were first included in the Railway Act during the amendment but only execution measures were stated and MOTC was not held responsible for such investigations. Before official operation of the Taiwan HSR System in 2006, MOTC established the "Guidelines for Establishment and Operation of High Speed Rail Operational Accident Task Forces" to act as the standard in HSR incident investigations and to avoid public questioning of biased self-investigation within private railway corporations. With the continuous growth of Taiwan HSR operation, railway supervision became an even more significant matter over the years. Thus, in 2009, MOTC referred to investigation mechanism of railway accidents in other countries and advised to add regulation: "MOTC shall employ professionals to investigate the cause and details of major railway accidents" in the Railway Act. This regulation was added as Article No. 56-5, Clause No. 2 in Railway Act and finally promulgated by Legislative Yuan after the third reading in Jun. 18, 2014.
According to the "Operational Guidelines for MOTC Investigation on Major Railway Accidents", when encountering a major railway accident, which is defined as main line collision, main line derailment, main line fire or significant casualties, MOTC shall employ at least 7 investigation members including the Director of Railway Police Bureau, experts in civil engineering, electrical & mechanics and railway operation to assist in the investigation. Additional members can be employed depending on incident situation. According to the circumstances of each case, MOTC is certified to request the railway organization to explain, provide relevant records or equipment and conduct onsite inspections. Then, MOTC shall propose improvement measures according to investigated results. If the investigated cause turned out to be not operating under Railway Act regulations, or that the operating organization failed to execute improvement measures, MOTC is obliged to carry out penalty accordingly.
Starting from 2015, all major railway accidents will be investigated by both MOTC and externally-employed investigators. By implementing this mechanism, railway accident investigations will be more professional and objective and will drive improvement in operation equipment, operational staff, relevant procedures and safety management regulations in the overall railway organizations.

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