Kingdom of Sweden
Act (1990:712) on the Investigation of Accidents;
issued 23 May 1990.
In accordance with a decision of Parliament, the following is prescribed.
Introductory provisions
Section 1
This Act contains provisions on investigation, from the safety point of view, of accidents and incidents.
Accidents which shall be investigated
Section 2
Accidents shall be investigated in accordance with this Act if they are of such a serious nature as specified below, namely
1. air traffic accidents: Accidents with the use of aircraft which have entailed
a) a person's death or serious injury,
b) significant damage to the aircraft or to property not transported in the aircraft or extensive damage to the environment,
c) the aircraft becoming inaccessible or disappearing during a flight and being impossible to find.
2. accidents at sea: Accidents with the use of a merchant vessel, fishing vessel or vessel belonging to the State which have entailed
a) several person's death or serious injury,
b) extensive damage to the vessel or to property not transported in the vessel or to the environment, or
c) the vessel disappearing or being abandoned at sea.
3. railway accidents: Accidents during railway, underground railway or tramway operation which have entailed
a) several persons' death or serious injury,
b) extensive damage to rolling stock, permanent way or fixed installations or to property not transported in the rolling stock or to the environment,
4. other serious accidents: Accidents other than those referred to in points 1 to 3 if they have entailed
a) several person's death or serious injury, or
b) extensive damage to property or to the environment.
Incidents (narrow escapes) referred to in paragraph (1) shall be investigated in accordance with this Act if the incident has implied a serious risk of an accident or if the incident indicates an essential deficiency in the aircraft, vessel, rolling stock or permanent way and fixed installations or other essential deficiency from the safety point of view.
Accidents referred to in paragraph (1) point 4 and incidents (narrow escapes from such accidents) shall be investigated only if an investigation is of importance from the safety point of view.
Section 3
The Government may prescribe or in individual cases decide that an investigation according to this Act shall be also made when an accident or incident is not of such a serious nature as those referred to in section 2 but an investigation is nevertheless called for from the safety point of view.
Section 4
Investigation according to this Act shall be made in the case of occurrences which have happened in Sweden. If such an event concerns a foreign vessel an investigation in accordance with this Act may, however, be carried out only if special reasons exist and the vessel is within Swedish territorial waters.
An investigation according to this Act of an occurrence which concerns a Swedish vessel or aircraft shall also be carried out when the occurrence has happened abroad unless otherwise follows from an international agreement acceded to by Sweden.
Commission of investigation
Section 5
Investigation according to this Act shall be carried out by the authority appointed by the Government.
The Government may prescribe that the authority may delegate the investigation to some other body.
Purpose of investigation
Section 6
The purpose of an investigation in accordance with this Act shall be to
1. as far as possible elucidate the course of events and the cause of the occurrence as well as the damage and other effects,
2. form the basis for decisions concerning measures which aim at preventing a repetition of the occurrence or at limiting the effect of similar occurrences,
3. form the basis for an assessment of the efforts made by the community's rescue services in connection with the occurrence and, if justified, for improvements of the rescue services.
Execution of the investigation
Section 7
The authority which carries out an investigation according to this Act shall, to the extent practically feasible, inform those who can be affected by the occurrence and give them an opportunity to submit a statement. These persons have the right to be present during the investigation at the site of the accident and otherwise during the investigation if this is possible without detriment to the investigation.
In the application of paragraph (1) however, the provisions concerning participation in investigations contained in international agreements to which Sweden has acceded shall always be observed.
Section 8
An investigation according to this Act shall be carried out in consultation with the person who according to chapter 23 of the Code of Judicial Procedure presides over the pre-trial hearing regarding the occurrence.
Pending initiation of the investigation, the police authority or other authority appointed by the Government may close off areas, take charge of property or take any other similar measures needed for safeguarding the investigation if such measures cannot be postponed.
Section 9
The authority which carries out an investigation according to this Act may hold an inquiry with persons presumed to be able to give information of importance for the investigation. The authority may also examine documents or objects which may be presumed to be of importance.
If the investigation cannot be completed in any other way, the investigating authority may as necessary request police authority assistance during the investigation. The relevant parts of the provision concerning pre-trial hearings in chapter 23 of the Code of Judicial Procedure apply to an investigation inquiry.
The authority which carries out the investigation has the right of access to the site of the accident. If access is refused, the police authority may assist as necessary.
Section 10
The authority which carries out the investigation may request that witnesses or experts be heard in court or that a person or persons be ordered to make available documents or objects. Such a request shall be made to the district court within the area in which the occurrence took place or within which the person concerned resides. The court shall hold enquiries or issue injunctions unless legal impediments exists. In this connection the provision concerning the taking of evidence outside the main proceedings applies.
Prohibition on the movement or removal property
Section 11
If an accident or other occurrence which is investigated according to this Act has happened, property which presumably can be of importance for the investigation may not be moved or removed without permission from the police authority or the investigating authority.
This does not apply if the property is moved or removed in order to save human lives or if other particular reasons exist.
Property taken in charge
Section 12
Any person who has taken charge of property referred to in section 11 paragraph(1), shall immediately report this to the police authority or the authority investigating the accident. The same applies to any person who, after en occurrence which affects air traffic, sea traffic or railway, underground railway or tramway traffic and which is investigated according to this Act, has taken charge of property which has been transported in the aircraft, vessel or rail rolling stock affected by the occurrence, or of property which belongs to the aircraft, vessel or rail rolling stock or permanent way affected by the occurrence. If necessary the authority may take charge of the property.
Liability, etc
Section 13
Any person who purposely or through carelessness violates the provisions of section 11 or 12 shall be sentenced to fines if the act is not punishable according the Criminal Code. A penalty shall, however, not be imposed in insignificant cases.
Section 14
Appeal against decision in accordance with section 8, paragraph 2, section 11 or 12 may be made to the Administrative Court of Appeal.
Section 15
The Government may in respect of the municipal rescue services prescribe that the municipality shall inform the authority referred to in section 5, paragraph (1)concerning an occurrence which is to be investigated according to this Act.
This Act enters into force on 1 July 1990.
