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LAW OF THE REPUBLIC OF MOLDOVA

of December 9, 2021 No. 213

About investigation of transport accidents and incidents

The parliament adopts this organic law.

This law:

- partially shifts the Directive 2009/18/EU of the European Parliament and Council of April 23, 2009 about establishment of the fundamental principles regulating investigation of accidents on sea transport and also about change of the Directive 1999/35/EU of Council and the Directive 2002/59/EU of the European Parliament and Council (the text concerns EEP), published in the Official magazine of the European communities L 131 of May 28, 2009;

- partially the Regulations (EU) shift No. 996/2010 of the European Parliament and Council of October 20, 2010 about investigation and accident prevention and incidents in the field of civil aviation and about cancellation of the Directive 94/56/EU (the text concerns EEP), published in the Official magazine of the European Union by L 295 of November 12, 2010, with the last changes made by Regulations (EU) No. 2018/1139 of the European Parliament and Council of July 4, 2018;

- shifts Item (e) of Article 1; part (1) Article 2; Items 2, 3, 7, 10-15, 21 of Article 3; Article 20-23; parts (1) - (3) Article 24; Articles 25 and 26 of the Directive 2016/798/EU of the European Parliament and Council of May 11, 2016 about the safety on rail transport (new edition) (the text concerns EEP) published in the Official magazine of the European Union by L 138 of May 26, 2016.

Chapter I General provisions

Article 1. Purpose, subject and field of application

(1) the Purpose of this law is prevention of transport incidents, safety increase in the field of air, rail and water transport, providing high level of efficiency, efficiency and quality of investigations, and also setting standards for timely availability of information touching all faces and dangerous goods which are onboard the air vehicle, water vessel or railway vehicles involved in transport incident.

(2) the Subject of this law is investigation of incidents on air, rail and water transport without establishment of guilt or civil, administrative, pravonarushitelny or criminal liability of person who made act.

(3) Provisions of this law are applied:

1) in the field of civil aviation:

a) to the non-fatal air-craft accidents, aviation incidents and serious aviation incidents which took place in the territory of the Republic of Moldova;

b) to non-fatal air-craft accidents, aviation incidents, serious aviation incidents with participation of the air vehicles registered in the Republic of Moldova;

c) in other cases established by the law;

2) in the field of rail transport:

a) to railway system of the Republic of Moldova which can be subdivided into subsystems on areas of structural and functional nature;

b) to the railway incidents, railway accidents and serious railway casualties which happened in the territory of the Republic of Moldova;

c) to serious railway casualties with participation of the railway vehicles registered or serviced by the railway company authorized in the Republic of Moldova;

3) in the field of water transport:

a) to the accidents, serious casualties, very serious casualties on water transport which occurred in territorial waters and on inside navigable waters of the Republic of Moldova;

b) to accidents on water transport with participation of courts, flying the flag the Republic of Moldova;

c) to the accidents on water transport infringing on the main interests of the Republic of Moldova.

(4) This law is not applied to the transport incidents which happened owing to the armed, act of war, acts of terrorism or to participation:

a) the air vehicles used by customs authorities, law-enforcement bodies or other similar authorities;

b) the water vessels which are not set in motion mechanical means, the wooden vessels of primitive design, pleasure yachts or walking floating crafts which are not engaged in business activity except cases when they are staffed by crew and transport more than 12 passengers for commercial purposes, fishing boats less than 15 meters long, stationary offshore drilling platforms.

Article 2. Determinations

For the purposes of this law the following concepts mean:

transport incident - the incident or accident falling under determination of part (3) Articles 1, including aviation incident, serious aviation incident, non-fatal air-craft accident; railway incident, railway accident, serious railway casualty, accident on water transport, serious casualty on water transport, very serious casualty on water transport;

aviation incident - the incident connected with operation of the air vehicle, other than non-fatal air-craft accident, influencing or capable to influence safe operation of the air vehicle;

serious aviation incident - the incident connected with operation of the air vehicle, which took place under the circumstances specifying availability of high probability of emergence of non-fatal air-craft accident which, in case of the air vehicle piloted by the person, occurs from the moment of landing of the person aboard the air vehicle with intention to make flight and until disembarkation of all people, or, in case of the drone aircraft, - from the moment of readiness of the air vehicle for start of motion for the purpose of making of flight and until traffic congestion at the end of flight, stop of the fundamental propulsion unit;

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