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Title: Obstruction Of The Railway By Unsecured Items Post by: Bob_Blakey on March 14, 2023, 09:36:30 https://www.railnews.co.uk/news/2023/03/14-network-rail-urges-railway-neighbours.html (https://www.railnews.co.uk/news/2023/03/14-network-rail-urges-railway-neighbours.html)
Not by any means the first time and won't be the last. When ownership of the errant item can be positively identified a significant financial penalty should apply. Discuss. Title: Re: Obstruction Of The Railway By Unsecured Items Post by: TaplowGreen on March 14, 2023, 10:38:01 Presumably the same significant penalties would apply for obstructions caused by Network Rail themselves, for example failing to control/manage trees & vegetation on their land?
Title: Re: Obstruction Of The Railway By Unsecured Items Post by: Jamsdad on March 14, 2023, 11:02:13 Thats an interesting point. A few years ago my train was seriously delayed because a cow had got on to the line through a broken fence that Network Rail had failed to maintain. I was refused delay compensation despite pointing out that it was the negligence of Network Rail that had caused the delay, not the cow or its owner. I felt like contesting this, but couldn't face the hassle...
Title: Re: Obstruction Of The Railway By Unsecured Items Post by: Electric train on March 14, 2023, 18:12:58 https://www.railnews.co.uk/news/2023/03/14-network-rail-urges-railway-neighbours.html (https://www.railnews.co.uk/news/2023/03/14-network-rail-urges-railway-neighbours.html) Not by any means the first time and won't be the last. When ownership of the errant item can be positively identified a significant financial penalty should apply. Discuss. Not easy to prove the item was not secure but were subject to Force Majeure Title: Re: Obstruction Of The Railway By Unsecured Items Post by: broadgage on March 15, 2023, 16:45:02 Whilst I would like to see those responsible for obstructions on the railway held financially liable, I fear that the idea is unworkable. Proving whom owned the article could be a challenge, and proving criminal liability even more of a challenge.
Title: Re: Obstruction Of The Railway By Unsecured Items Post by: TonyK on March 15, 2023, 20:28:18 Whilst I would like to see those responsible for obstructions on the railway held financially liable, I fear that the idea is unworkable. Proving whom owned the article could be a challenge, and proving criminal liability even more of a challenge. A civil case would be more likely than a criminal one, but therein would lie the many nuances of negligence law. This page is printed from the "Coffee Shop" forum at http://gwr.passenger.chat which is provided by a customer of Great Western Railway. Views expressed are those of the individual posters concerned. Visit www.gwr.com for the official Great Western Railway website. Please contact the administrators of this site if you feel that content provided contravenes our posting rules ( see http://railcustomer.info/1761 ). The forum is hosted by Well House Consultants - http://www.wellho.net |