Memorandum from Network Rail (RS 67)
SUMMARY
1. Network Rail very much welcomes the new
policy guidelines relating to bad driving issued by the Crown
Prosecution Service (CPS) at the end of last year which will lead
to tougher prosecutions for deliberately disregarding signals
or instructions at level crossings.
2. The risk of collisions between trains
and road vehicles at the 1,521 road/rail interface crossings on
our network represent the largest risk of a catastrophic train
accident, endangering the lives of passengers and rail employees.
Given this, Network Rail is pleased deliberate level crossing
offences will lead to prosecution for dangerous, rather than careless
driving.
3. We are now calling for sentencing guidelines
to be updated to reflect this change in CPS policy.
4. Network Rail would like to highlight
the need to prevent bridge strikes and the work being done in
this area. The number of reports of vehicles striking bridges
continues to rise each year. On average about six bridge strikes
are reported each day. This poses a significant risk to the safety
of train passengers and railway workers and damages Network Rail
bridges, causing significant delays to train services.
5. We hope the Select Committee will be
able highlight and support our bridge strike prevention campaign,
particularly the need for a consistent approach to signing and
road maintenance at bridges across the country and adoption of
a new protocol and good practice guidance.
INTRODUCTION
6. Road safety plays a very important role
in railway safety and performance and Network Rail welcomes the
opportunity to contribute to the Select Committee's inquiry.
7. Network Rail owns and operates Britain's
rail network. It is a private, "not for dividend" company
directly accountable to its Members and regulated by the Office
of Rail Regulation. All profits made by Network Rail are invested
back into the railway. Over the last five years, working closely
with our industry partners, Network Rail has made rail the safest
form of transport and halved the numbers of late trains.
8. However, bad driving at or near the railways—level
crossing abuses and bridge strikes—continue to pose a very
serious risk to the safety of the railway as well as undermining
the performance of the network.
LEVEL CROSSINGS
9. Every year, over 1,800 pedestrians and
motorists are reported to have misused a crossing. The risk of
collisions between trains and road vehicles at the 1,521 road/rail
interface crossings on our network represent the largest risk
of a catastrophic train accident.
10. Since 2006 Network Rail has conducted
a multi-media "don't run the risk" awareness and behaviour
change campaign to highlight the consequences of level crossing
offences. Network Rail also lobbied Parliament for tougher penalties
for motorists who disregard level crossing signs and signals during
the passage of the Road Safety Bill in 2006. In 2007 we also responded
to the public consultation carried out by the CPS on the review
of their policy approach to bad driving.
11. Network Rail is very pleased the CPS
has since introduced a tougher approach to the deliberate disregarding
of traffic lights and signs, including level crossing signs and
signals in their new policy, which will now lead to prosecution
for dangerous rather than careless driving.
12. Our concern has always been that motorists
who disregard signals or instructions at level crossings are not
only putting their own lives at risk but also those of both rail
passengers and employees, who are delivering a public service.
It is for these reasons that we very much welcome the new policy.
13. We are now calling on the Sentencing
Advisory Panel to introduce tougher sentencing guidelines in response
to this change in policy by the CPS. Rather than this serious
risk to others being regarded as a potential aggravating factor,
as is currently the case, we believe level crossing offences should
be specifically dealt with as a dangerous driving offence in sentencing
guidelines.
14. As the sentencing guidelines for dangerous
driving will now need to take into account level crossing incidents,
we would suggest that factors indicating higher culpability should
include deliberate forcing of level crossing barriers, driving
around barriers, ignoring instructions given by signalmen or failing
to obtain permission to proceed over a level crossing where it
is required.
PREVENTING BRIDGE
STRIKES
15. Failure to report damage to rail bridges
should also be subject to this tougher CPS policy approach. Network
Rail signs at rail overbridges clearly instruct motorists who
strike them to report it to Network Rail's 24-hour helpline immediately.
Failure to do so could seriously disrupt the network and, at worst,
could cause a rail accident with multiple injuries and fatalities.
Network Rail believes that failure to report a bridge strike should
also lead to prosecution for dangerous driving by the Crown Prosecution
Service.
16. The number of reports of vehicles striking
bridges continues to rise each year. For the year to 31 March
2007, there were over 2,000 reported bridge strikes, and this
number continues to rise. On average about six bridge strikes
are reported each day.
17. The best way to manage the risk of bridge
strikes is to prevent them. As well as tougher sentences for failure
to report bridge strikes, it is essential that highway managers
are aware of the consequences of bridge strikes and receive guidance
on the requirements for managing this risk for the road user and
implementing measures to prevent incidents occurring. Similarly,
managers of freight and passenger transport companies and their
drivers should also be aware of the risks of bridge strikes and
take measures to stop them occurring.
18. As part of this effort to raise awareness,
the County Surveyors' Society, Department for Transport and Network
Rail have produced "Prevention of Strikes on Bridges over
Highways: A Protocol for Highway Managers and Bridge Owners".
19. One essential preventative solution
contained within the protocol is for a consistent national approach
to signing and road maintenance at bridges to increase driver
understanding and awareness. The protocol will be used by Network
Rail in its discussions with local highway authorities as a basis
for standards and practices to be adopted.
20. Network Rail and the passenger and freight
transport industry have also developed good practice guides to
help raise awareness of the risks and consequences of bridge strikes
and how they can be prevented.
CONCLUSION
21. Good road safety at and near railways
has an important role in the delivery of a safe, reliable network.
Level crossing offences and bridge strikes pose a major risk of
a major train accident leading to multiple injuries and fatalities.
We very much welcome the tougher approach adopted by the CPS to
level crossing offences and hope a similar approach will be taken
to motorists who fail to report their bridge strikes. Reports
of bridge strikes continue to rise each year and we hope the select
committee will highlight and support our prevention campaign on
this issue. In particular, a consistent national approach to signage
and road maintenance at bridges and adoption of the new protocol
and good practice is needed to help prevent bridge strikes.
March 2008
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