Transport Safety and the Role of the Independent Administrative Authority, in Connection with Law 2/2024 of 1 August

Maritime, rail and air transport, in spite of technological and regulatory advances, continue to pose significant risks to human life, the integrity of means of transport, cargoes and the environment. In this context, the proper management of accidents and incidents is an essential element to strengthen safety in these strategic sectors.

Experience shows that well-structured prevention, control and response systems are vital. This need gave rise to Law 2/2024 of 1 August on the creation of the Independent Administrative Authority for the Technical Investigation of Railway, Maritime and Civil Aviation Accidents and Incidents. This law represents a significant step forward in the strengthening of investigation and control mechanisms in the field of transport safety in Spain, giving an essential role to a new body created for this purpose: the Independent Administrative Authority.

Law 2/2024 establishes the regulatory framework for the creation of this Authority, which is set up as an autonomous and impartial body. Its main objective is to investigate accidents and incidents in maritime, rail and air transport, not only to determine the causes of each event, but also to make recommendations to prevent future accidents.

The establishment of this Authority responds to the need to guarantee investigations free from external interference, thus ensuring the objectivity of its actions and conclusions, based on the principles of functional independence, objectivity, transparency, prevention, confidentiality in the investigation, institutional and international cooperation and access for victims and interested parties.

Furthermore, the new regulation reinforces Spain’s commitment to international standards, such as those established by the International Maritime Organisation (IMO), for the maritime sector, the International Civil Aviation Organisation (ICAO) for the aviation sector and the Intergovernmental Organisation for International Carriage by Rail (OTIF) for the railway sector.

Focusing on its functions, the IAA has a number of key responsibilities, among them:

1. Impartial and technical accident investigation: The Authority will be responsible for analysing each technical incident or accident in all three modes of transport (maritime, air and rail), collecting all relevant data and making a technical assessment to determine the causes. Such an investigation shall be carried out with maximum transparency, allowing access to information to victims directly involved in the investigation in question, as well as to other interested parties.

It cannot be overlooked that the investigation of accidents and incidents is a detailed and complex process involving the collection of evidence, interviews with the parties and witnesses, and the development of a technical analysis of the means of transport involved and their protocols of action, one of the main objectives being to identify the underlying causes of accidents and incidents. These can be of a technical, human, organisational or infrastructural nature.

2. Preparation of reports and recommendations: Following the investigation, the IAA will issue detailed reports and suggest corrective measures which will be published on the Authority’s website for public knowledge. Safety recommendations should not constitute a presumption of fault or liability for an accident or incident and may relate to deficiencies which are not the cause of the accident. It will not be necessary to wait for the publication of the final report before making safety recommendations.

3. Collaboration with other institutions: The technical investigation of accidents and incidents shall be independent of any other administrative, judicial or parliamentary proceedings in relation to the occurrence under investigation, and IAA staff involved in the investigation shall not form part of other teams, groups or areas of investigation of the incident unless explicitly agreed by the Authority. However, in order to ensure that the different procedures are carried out efficiently, the Authority will maintain the necessary collaborative relationships with the institutions with competences related to the accident or incident subject to a technical investigation (the Spanish Courts, the Judiciary, the Public Prosecutor’s Office and other Technical Investigation Authorities).

Similarly, the IAA may participate or accept an invitation to participate in the investigation of an accident or incident outside Spanish territory, which will undoubtedly be of benefit not only to itself but also globally by being able to share knowledge and experience with authorities or institutions in other countries.

4. Training and awareness-raising: In addition to research, the IAA will conduct training and awareness programmes for maritime, aviation and rail stakeholders to reduce accident risks and enhance an international safety culture.

Focusing on the particularities of each sector regulated by the Law, we would like to highlight the following points:

• Railway sector: Rail transport poses risks related to derailments, collisions, accidents at level crossings, damage caused to people by rolling stock in motion, fires, technical failures of structural subsystems, components of the railway system, among others. Therefore, the IAA shall investigate serious railway accidents occurring on the General Interest Railway Network defined in Law 38/2015, of 29 September, on the Railway Sector.

• Maritime Sector: In maritime transport, the Authority shall investigate very serious and serious maritime accidents involving vessels flying the Spanish flag, irrespective of the location of the accident, as well as accidents occurring in the Spanish territorial sea or internal waters, as defined by UNCLOS / CONVENTION, irrespective of the flag of the ships involved in the incident, or those affecting substantial Spanish interests, irrespective of the location of the incident and irrespective of the flag of the ships involved and the installations or infrastructure used for operations related to research and exploitation of hydrocarbons in the marine environment (1). On the basis of Law 2/2024 of 1 August, the Authority excludes from its scope of investigation maritime accidents and incidents involving warships and other vessels assigned to or operated by the Armed Forces, State vessels providing exclusively non-commercial services, accidents and incidents occurring in non-maritime inland waters, and finally, to vessels without mechanical propulsion, wooden ships of primitive build, yachts and pleasure craft not used for commercial purposes, unless they are or will be crewed and carrying or will carry more than twelve passengers for commercial purposes and fishing vessels of less than fifteen metres in length.

• Civil Aviation Sector: Civil aviation, not only because of its high technological and organisational complexity, but also because it has historically been required to do so, applies the highest levels of safety and security. The IAA shall assume responsibility for the investigation of serious civil aviation accidents and incidents (2), accidents and incidents occurring in Spanish territory or outside Spanish jurisdiction when a person of Spanish nationality has suffered relevant damage. 

CONCLUSIONS:

The creation of the Independent Administrative Authority (IAA) is a decisive step towards reinforcing transport safety in Spain, with a positive impact also on overall safety. By consolidating maritime, rail and air accident investigations into a single body, administrative efficiency is optimised, functional independence is guaranteed and Spain’s international safety position is strengthened.

This reform will not only facilitate impartial and rigorous investigations, but will promote a proactive approach to accident prevention, continuous learning and improvement, fully aligned with the principles of transparency, objectivity and continuous progress demanded by international standards.

1. Royal Decree-Law 16/2017, of 17 November, establishing safety provisions for the research and exploitation of hydrocarbons in the marine environment.
2. Regulation (EU) 996/2010 of the European Parliament and of the Council of 20 October 2010.