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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of January 25, 2023 No. 36

About organization, the organization and functioning of Bureau on investigation of transport accidents and incidents

Based on Item b) article 7 of the Law No. 136/2017 on the Government (The official monitor of the Republic of Moldova, 2017, No. 252, the Art. 412), with subsequent changes, articles 17 and 18 of the Law No. 98/2012 on the central branch public management (The official monitor of the Republic of Moldova, 2012, Art. No. 160-164, 537), with subsequent changes, and parts (1) article 4 of the Law No. 213/2021 on investigation of transport accidents and incidents (The official monitor of the Republic of Moldova, 2021, Art. No. 315-324, 486) DECIDES: the Government

1. Found Bureau on investigation of transport accidents and incidents - the central administrative authority subordinated to the Government.

2. Approve:

1) Regulations on the organization and functioning of Bureau on investigation of transport accidents and incidents according to appendix No. 1;

2) Structure of Bureau on investigation of transport accidents and incidents according to appendix No. 2;

3) to Organigramm Byuro on investigation of transport accidents and incidents according to appendix No. 3.

3. Establish the extreme number of staff of Bureau on investigation of transport accidents and incidents in number of 17 established posts, including 2 units of support personnel, with the annual salary fund according to the regulatory base.

4. To person appointed to position of the CEO of Bureau on investigation of transport accidents and incidents:

1) in 10-day time from the effective date this resolution:

a) take necessary measures for registration of Bureau for investigation of transport accidents and incidents in body of state registration;

b) provide approval of the staff list of Bureau on investigation of transport accidents and incidents and its transfer to the State office for review;

2) in 15-day time from the date of approval of the staff list to initiate necessary legal procedures for substitution of the state positions in Bureau on investigation of transport accidents and incidents.

5. The state office together with the Agency of public property to establish property, necessary for work of Bureau on investigation of transport accidents and incidents, and to provide its transfer in accordance with the terms of the Regulations on procedure for transfer of objects of public property approved by the Order of the Government No. 901/2015.

Prime Minister

Natalya Gavrilitsa

Countersign:

Deputy Prime Minister, minister of infrastructure and regional development

 

Andrey Spynu

Minister of Finance

Dmitry Budiyanski

 

Appendix № 1

to the Order of the Government of the Republic of Moldova of January 25, 2023 No. 36

Regulations on the organization and functioning of Bureau on investigation of transport accidents and incidents

I. General provisions

1. The regulations on the organization and functioning of Bureau on investigation of transport accidents and incidents (further - the Provision) regulate the mission, functions, powers and the rights of Bureau for investigation of transport accidents and incidents (further - Bureau), and also procedure for the organization of its activities.

2. The bureau is the central administrative authority subordinated to the Government, authorized to organize technical investigations on safety for the purpose of establishment of the reasons and circumstances under which there were transport incidents, and issues of recommendations about safety.

3. The bureau is legal entity of the public law, with the location in municipium of Chisinau, has treasurer accounts, seal with the image of the State Emblem of the Republic of Moldova, and also other necessary attributes.

4. The bureau is independent in decision making concerning any transport operator, the administrator of infrastructure, body for safety, the regulating body, tariff body, conformity assessment body, and also concerning any party which interests can contradict powers of Bureau.

5. Activities of Bureau are financed from the government budget within the assignments approved by the law on the annual budget.

6. The budget of Bureau is constituted, affirms and controlled according to the principles, rules and procedures provided by the Law No. 181/2014 on public finance and budget and tax responsibility.

II. Mission, functions, powers and rights of Bureau

7. The mission of Bureau is the organization, management and coordinating of activities for technical investigation concerning safety on air, rail and water transport for the purpose of determination of the reasons and circumstances under which there were transport incidents, and issues of recommendations about safety, and also control of their accomplishment. When conducting technical investigations on safety of Bureau does not request and does not accept instructions from any outer side, and has absolute powers in conducting technical investigations on safety.

8. The bureau performs the following functions:

1) in the field of civil aviation:

a) investigates the aviation accidents, aviation incidents and serious aviation incidents which took place in the territory of the Republic of Moldova;

b) investigates aviation accidents, aviation incidents and serious aviation incidents with participation of the aircrafts registered in the Republic of Moldova;

c) issues recommendations about safe engineering and keeps order for their accomplishment for the purpose of prevention of similar incidents;

2) in the field of rail transport:

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

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

c) issues recommendations about safe engineering and keeps order for their accomplishment for the purpose of prevention of similar incidents;

3) in the field of water transport:

a) investigates accidents on water transport, serious casualties on water transport and very serious casualties on water transport which occurred in territorial waters and inland waterways of the Republic of Moldova;

b) investigates accidents on water transport with participation of the courts floating under the flag of the Republic of Moldova;

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