In the week in which the Railway Accidents Investigation Commission (CIAF) points out that the “cause” of the derailment was “the existence of a rail break,” the Government has put out for public consultation a royal decree on railway safety.
Specifically, the Ministry of Transport is open to modifying the regulation of train driving times and the supervision and inspection regime of the State Railway Safety Agency. Allegations can be submitted until May 18.
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If finally approved, the reform of the Royal Decree 929/2020 does not introduce major structural changes, but it does introduce very specific adjustments aimed at eliminating legal loopholes detected by the ministry at a time when all eyes are on the Spanish railway system.
Computed time
First, a redefinition of the "driving time" of train drivers is introduced. In the current wording of the rule, it provides for a maximum of six hours of continuous driving and nine hours of driving in a workday. But this continuous driving is considered interrupted when a break of at least 45 minutes is taken. The novelty is that intermediate periods of less than 45 minutes will now also be considered driving time, even when the driver is not directly in command of the train at that moment.
This responds to an increasingly common situation with round trips with short breaks on the same day. The draft points out that with this change, a guarantor criterion for safety is sought, "to ensure that staff have sufficient and quality rest periods".
More obligations
Secondly, the supervisory powers of the Agencia Estatal de Seguridad Ferroviaria (AESF) are expanded, expressly establishing that railway entities must allow access to their facilities, trains and equipment even when the inspection refers to a different entity.
The current wording contemplates the obligation to facilitate access in the event that the installation or the train belongs to the supervised person themselves. However, with the modification included in the text released for public consultation, coverage is also extended to the needs of other railway companies.
State Agency for Railway Safety
The State Agency for Railway Safety (AESF) is the public body responsible for ensuring the safety of the railway system in Spain. Dependent on the Ministry of Transport and Sustainable Mobility, its main function is to supervise that both infrastructures and railway companies comply with current regulations, authorizing the commissioning of lines and rolling stock, evaluating risks, and guaranteeing compliance with safety standards.
This week it has changed its protocols on how drivers should communicate and, if unable to do so, the rest of the onboard personnel in emergency situations such as accidents. From now on, it will be mandatory for the first notification to be sent to Adif's control center, instead of to the railway operators themselves.