Directive 2004/49/EC of the European Parliament and of the Council (repealed)Show full title

Article 20 Status of investigation

1. Member States shall define, in the framework of their respective legal system, the legal status of the investigation that will enable the investigators-in-charge to carry out their task in the most efficient way and within the shortest time.

2. In accordance with the legislation in force in the Member States and, where appropriate, in cooperation with the authorities responsible for the judicial inquiry, the investigators shall, as soon as possible, be given:

(a) access to the site of the accident or incident as well as to the rolling stock involved, the related infrastructure and traffic control and signalling installations;

(b) the right to an immediate listing of evidence and controlled removal of wreckage, infrastructure installations or components for examination or analysis purposes;

(c) access to and use of the contents of on-board recorders and equipment for recording of verbal messages and registration of the operation of the signalling and traffic control system;

(d) access to the results of examination of the bodies of victims;

(e) access to the results of examinations of the train staff and other railway staff involved in the accident or incident;

(f) the opportunity to question the railway staff involved and other witnesses;

(g) access to any relevant information or records held by the infrastructure manager, the railway undertakings involved and the safety authority.

3. The investigation shall be accomplished independently of any judicial inquiry.