The dispute between West Coast Railways Ltd and the Office of Road and Rail Regulation (ORR) shows no signs of being resolved despite the the outcome of the judicial review proceedings brought at the end of last year in which the High Court endorsed the actions of the regulator: see R (on the application of…Continue Reading West Coast Railways dispute rumbles on
Just before Christmas I posted about the dispute between West Coast Railways (WCR) and the Office of Rail and Road Regulation (ORR) regarding the use of mark 1 slam-door carriages on heritage steam-hauled services such as the Jacobite service between Fort William and Mallaig which crosses the Glenfinnan viaduct of Harry Potter fame. Events moved…Continue Reading Jacobite rebellion fails: West Coast Railways lose judicial review over slam-doors
Recently, the media has picked up on litigation involving the use of heritage rolling stock, without centrally lockable doors, on steam operated specials which venture onto the mainline, such as charter trains, rail-tours and even some scheduled services on iconic tourist routes. It is the latter which has drawn the media’s notice to an issue,…Continue Reading Could the Hogwarts Express hit the buffers over muggle health and safety laws?
Introduction Back in September Network Rail was heavily fined by the High Court in Aberdeen in respect of the Carmont derailment of 12 August 2020 in which soil, stones and debris washed onto the line by a landslip following heavy rain, caused the derailment of the 06:38 Aberdeen to Glasgow Service. The consequences were exacerbated…Continue Reading HMA v Network Rail Infrastructure Ltd
Background Level crossing safety featured in one of the first posts on these pages and the issue shows no signs of being fully resolved to everyone’s satisfaction. Level crossings cover a wide spectrum and range from substantial barriers and flashing lights on main roads to little more than a field gate and a warning sign…Continue Reading Rural crossings and rights of way
The issue of safety at level crossings continues to attract intense media scrutiny due to a number of high profile incidents and a constant stream of ‘near miss’ CCTV footage featured on news items and YouTube. In 2013 there were 10 fatal accidents at level crossings and 10 fatal collisions between trains and road vehicles (see Rail 741,…Continue Reading Law Commision Report on Level Crossings