The independent technical investigation

The objective of the independent technical investigation conducted by TSB is to reveal the causes and circumstances of transport accidents, incidents or irregularities and to initiate the necessary technical measures and make recommendations in order to prevent similar cases in the future. It is not the purpose of the investigation to apportion blame and legal liability.

According to Act CLXXXIV of 2005 and its implementary decree, TSB is obliged to conduct investigation in case of aviation accidents, serious aviation incidents, serious railway accidents and serious marine accidents. TSB may investigate other transport occurrences - at its own discretion - if the given occurrence has an impact on transport safety.

The Act provides the independence of TSB and the appropriate legal background for the objective, unbiased technical investigations.

For the effectiveness of the technical investigations, the regulations not only assure the independence of the Organisation but also the anonymity of the persons concerned in the occurrences. In the interest of prevention as the fundamental objective of the Organisation, the findings of the investigations are made public.

The Organisation shall be independent of any person and body whose interests conflict with the functions of the Organisation, in particular:

  • authorities responsible for granting permission for the launching, operation and maintenance of vehicles, and for their control,
  • authorities issuing driving licences for aerial, marine and railway vehicles,
  • organisations responsible for air and water navigation,
  • organisations operating the transport infrastructure,
  • transport companies,
  • charging bodies and allocating bodies,
  • notified bodies in accordance with the Railway Transport Act,
  • safety authorities and
  • other regulators of railways.

Incompatibility shall not stand against the members of the Investigating Committee of TSB regarding the investigated occurrences.

The Minister for Economy and Transport exercises its supervisory right over TSB. Neither the Director-General nor the civil servants of TSB shall be instructed in their scope of duties concerning the technical investigation.

The law permits the Investigating Committee (IC) of TSB to be present at the scene of the criminal procedure as well as conducting the site survey parallel with other authorities.

Our experts record the evidences found at the site and they are also authorised to remove them for the purpose of further inspection and analysis. The members of the Investigating Committee are entitled to interview the persons involved and the possible eyewitnesses and to have an insight into documents. All data - concerning the vehicle, the personnel or the traffic - which may be helpful in finding out the reasons of the given occurrence shall be made accessible for the IC. The IC may copy these documents or request a copy from the relevant persons or authorities. The contents of data and voice recorders and other recordings relevant to the occurrence shall also be made accessible for the IC.

SAFETY RECOMMENDATIONS

The main tool of TSB to prevent accidents is to issue safety recommendations. Based on the experiences gained in the course of the investigations, TSB makes safety recommendations and sends them to the actors of the given area of transportation. The implementation of these recommendations is not obligatory, however, in case of their rejection, reasons shall be given.

Should TSB discover any source of danger before the completion of the investigation, it may issue safety recommendations in the form of immediate preventive actions. In this case, the recipient shall respond to the recommendation (acceptance or rejection) forthwith.

THE FINAL REPORT

TSB performs its activities before the public. In accordance with the above mentioned Act and its implementary decree, TSB continuously informs the relevant parties and persons about the course of the investigation. Subsequently, the Organisation makes the findings of the investigations and the final reports containing safety recommendations public. Before making the final reports public, the relevant parties have 60 days to reflect on the draft report. TSB is also obliged to compile an annual report and send it to the government by way of the Minister. After the government has discussed it, the annual report shall also be made public. TSB fulfils the requirement of publicity via its website.

• Act CLXXXIV of 2005 on the technical investigation of aviation, railway and marine accidents and incidents (.pdf 242 Kbyte)
• Government Decree 278/2006 (XII. 23.) on the Transportation Safety Bureau of Hungary (.pdf 251 Kbyte)