COURT EMPHASISES IMPORTANCE OF PREVENTING RAILWAY CRIME

HSE Press Release E055:03 - 11 April 2003

At the conclusion of a case brought before Coventry Magistrates by the Health & Safety Executive (HSE) yesterday (Thursday 10 April), the court emphasised the dangers of crime on the railways and the importance of effective management of lineside security.

The case against Network Rail Infrastructure Ltd, formerly Railtrack plc, concerned a vandalism hotspot at Willenhall, Coventry. The company was fined £15,000 plus full prosecution costs of £2,095 after pleading guilty to a charge of breaching Section 3 of the Health and Safety at Work etc. Act 1974 (the HSW Act) by failing to maintain lineside fencing adequately at Tarquin Close, Willenhall.

An aged, rusting and ineffective palisade fence was not properly inspected and had many gaps. Despite specific advice from HSE in 2000 and numerous vandalism incidents, one of which led to a youth being jailed for placing obstacles on the line, the company did not make sure the fence was in good order.

In mitigation, Network Rail commented on failings by their maintenance contractor to rectify the shortcomings. In closing comments, the Chairman of the bench said they were very conscious that any failings of the contractor were also the failings of Network Rail. He observed the court was disappointed at the relationship between the parties, the failings in communication and the lack of audit.

Both HSE and the defendants acknowledged the widespread efforts made by Network Rail to combat railway crime through education, media campaigns and initiatives such as Operation Scarecrow. However, HSE decided it was necessary to bring this case to reflect the particularly poor management arrangements for the primary protection of the railway line - effective fencing - at one of the top three railway crime hotspots in the Midlands Zone.

Since the fence was replaced, after HSE's intervention, route crime in the area is reported to have dropped noticeably.

Speaking after the hearing, HM Inspector of Health and Safety Tony Woodward said: "HSE brought this case to reflect the lack of effective management of Network Rail's contractors which resulted in real risks from vandalism, both to trespassers and people on trains, in this area. The history of incidents in the area should have lead to action without HSE having to become involved."

Notes to editors

1. The case was heard before the Magistrates' Court, Little Park Street, Coventry CV1 on Thursday 10 April 2003, commencing at 2.00 p.m. This followed an adjournment on 24 February 2003.

2. Network Rail Infrastructure Ltd, of 40 Melton Street, London NW1 2EE, pleaded guilty to a single charge of breaching Section 3(1) of the HSW Act. HSE alleged that, between 23 April and 13 May 2002, Network Rail failed to conduct their undertaking, namely control of the railway infrastructure, including lineside fencing, in such a way as to ensure, so far as reasonably practicable, that non-employees, including those using the railway and those who may have gained access to it, were not exposed to risks to their safety.

3. Section 3(1) of the HSW Act states: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety."

4. The maximum penalty in the Magistrates' Court for contravention of this section of the HSW Act is a fine not exceeding £20,000. However, it is open to magistrates to commit cases for trial or sentencing in the Crown Court, where fines are unlimited.

5. The generic term 'railway crime' is now used to cover the broad range of offences conducted in the railway environment. The term 'trespass and vandalism' has been dropped as it is regarded as a minor offence in society. Further information on the work of Partners Against Railway Crime, a partnership established by companies and organisations within the rail industry to reduce levels of railway crime can be found at www.trackoff.org.

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