Obstruction Of The Railway By Unsecured Items

[whole diary]

[Bob_Blakey]

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.

[TaplowGreen]

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?

[Jamsdad]

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...

[Electric train]

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 

[broadgage]

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.

[TonyK]

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.