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Author Topic: Obstruction Of The Railway By Unsecured Items  (Read 470 times)
Bob_Blakey
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« on: March 14, 2023, 09:36:30 am »

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.
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TaplowGreen
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« Reply #1 on: March 14, 2023, 10:38:01 am »

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?

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Jamsdad
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« Reply #2 on: March 14, 2023, 11:02:13 am »

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...
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Electric train
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« Reply #3 on: March 14, 2023, 06:12:58 pm »

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 
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broadgage
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« Reply #4 on: March 15, 2023, 04:45:02 pm »

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.
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A proper intercity train has a minimum of 8 coaches, gangwayed throughout, with first at one end, and a full sized buffet car between first and standard.
It has space for cycles, surfboards,luggage etc.
A 5 car DMU (Diesel Multiple Unit) is not a proper inter-city train. The 5+5 and 9 car DMUs are almost as bad.
TonyK
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« Reply #5 on: March 15, 2023, 08:28:18 pm »

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.
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