HSE consults on proposals to allow the Southern Train Operating companies to run some Mark 1 trains during 2005

HSE Press Release: E092:04 - 5 July 2004

The Health and Safety Executive (HSE) has published a consultation paper seeking views on a proposed exemption to allow three train operating companies (TOCs) to operate some of their remaining Mark 1 rolling stock during 2005.

Southern, South Eastern Trains Ltd, South West Trains Ltd and Network Rail have applied for an exemption from the Railway Safety Regulations 1999 because they consider it will not be reasonably practicable to withdraw all the Mark 1 rolling stock by the deadline of 31December 2004. They have also asked for exemption from the prohibition on operating rolling stock with hinged doors without central locking ('slam door' stock), which comes into effect on 1 January 2005.

The TOCs and Network Rail have asked for an exemption to run a quantity of Mark 1 rolling stock until the end of 2005. HSE has independently assessed their application and is proposing, subject to consultation, to issue a limited exemption with conditions.

HSE is minded to grant an exemption allowing the three TOCs to run the trains no later than the end of November 2005, on condition that they are withdrawn as soon as reasonably practicable in accordance with a programme agreed with HSE by 1 January 2005. HSE is also proposing that this programme should be agreed on the basis of implementing measures to manage safety risks associated with doors and windows of these trains.

The Railway Safety Regulations 1999 require the withdrawal of Mark 1 rolling stock because it is less crashworthy than modern trains and there are additional risks to passengers from the windows and lack of central door locking.

Risks have reduced because of the Train Protection and Warning System (TPWS), also required by these Regulations, and some window bar fitments. The number of Mark 1 trains in service is also reducing as they are withdrawn under a replacement programme set up by the Strategic Rail Authority (SRA) to meet the requirements of the Regulations.

HSE is now consulting widely with the rail industry, trade unions, passenger and bereaved groups, and is inviting comments from the public before deciding whether or not to grant the exemption and, if so, whether to attach conditions. HSE will take all comments received into account before taking a final decision.

The exemption application and HSE's consultation paper are available on HSE's website at: http://www.hse.gov.uk/railways/liveissues/mark1stock.htm. Printed copies of both are also available from HSE at the address given below.

HSE's decision will be published on the website at: http://www.hse.gov.uk/railways/rollst/index.htm

Notes to editors

1. The term 'Mark 1 rolling stock' is used to describe a series of vehicle types, including both electric and diesel multiple units and locomotive-hauled vehicles, built mainly in the 1960s and 1970s, which share certain characteristics. The term 'slam-door trains' is also used. Mark 1 carriages have a poor safety record in collisions because while they have a robust chassis, they also have a relatively weak body shell.

2. On 18 March 2004, HSE received a formal application, submitted by the SRA on behalf of South Central Ltd (now Southern), South Eastern Trains Ltd, South West Trains Ltd and Network Rail Infrastructure Ltd for exemptions from Regulations 4(1) and 5(1) of the Railway Safety Regulations 1999. SRA co-ordinated the administration of the application.

3. Regulation 4(1) of the Regulations prohibits operation of Mark 1 rolling stock after 31 December 2002 unless it has been modified to prevent, so far as practicable, over-riding in the event of a collision. This prohibition applies to both the TOCs and the infrastructure controller. Since the beginning of 2003, Mark 1 rolling stock has been operated under an exemption HSE granted in October 2002. In granting that exemption, HSE accepted that the 'cup and cone' modification to improve crashworthiness had proved impractical. HSE also made that exemption conditional on bringing forward the fitment of TPWS. This further exemption application is necessary because the current exemption is due to expire on 31 December 2004.

4. The industry has also applied for an exemption from Regulation 5(1), which prohibits the operation of rolling stock that has hinged doors without central locking from 1 January 2005. The TOCs consider that it will not be reasonably practicable to withdraw all remaining Mark 1 rolling stock by that date and that to do so could result in a 20% rolling stock shortfall. To remain compliant with the law on 1 January 2005, they would therefore need to reduce services significantly, causing severe disruption to passengers and the possible introduction of new risks.

5. Regulation 6 provides HSE with a wide power to grant exemptions. It allows HSE to consider all circumstances of the case in reaching a decision. This means that, in addition to considering existing safety risks and requirements, HSE can also take into account, for instance, practicalities, costs, possible disruption to services, the transfer of risk to other modes of transport and the possible introduction of new risks.

6. Withdrawal of Mark 1 rolling stock was recommended by the Hidden Report, following the 1988 Clapham Junction incident in which 35 people died and over 500 were injured. The 1991 Cannon Street buffer stop collision, in which two died and nearly 500 were injured, also involved Mark 1 rolling stock. In 1995/6, the Parliamentary Transport Select Committee examined the perceived lack of industry progress with Mark 1 withdrawal and made recommendations, which were eventually taken forward in the 1999 Regulations.

7. HSC originally proposed a Mark 1 prohibition date of 1 January 2007. This date was brought forward to 31 December 2004 on the advice of the then shadow SRA chairman and OPRAF (the franchising regulator), as a challenge to the industry.

8. The Regulations effectively gave the industry the option of modifying Mark 1 rolling stock to make it safer or removing it from the network. Bringing forward the prohibition date made modification less attractive and it became clear that the industry preferred to pursue a programme of replacement. However, there was limited action to deliver a coherent replacement programme until the SRA set up its project team and took leadership in the middle of 2002. Since then HSE has been monitoring delivery of this programme. The industry has made good progress in the last two years but HSE has recognised that the timetable for delivery by the end of 2004 was becoming increasingly challenging.

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