Network Rail aren't the safety regulator for the rail network, that responsibility lies with the Office of Rail Regulation (
ORR» ) under the
Railways and Other Guided Transport Systems (Safety) Regulations 2006 (ROGS), which is subordinated from the
Health and Safety at Work Act 1974. This gives the ORR to the power to bring prosecutions for breaches of safety on the railways rather than the Health and Safety Executive (
HSE▸ ).
I'd be pretty confident that the ORR are investigating this matter.
Network Rail of course have a duty to ensure their assets are used in a safe manner and if they have concerns are within their rights, under the terms of Track Access Contracts, to suspend a Train Operator from access to all or part of the network. The rules are the same whether that's a franchised
TOC▸ , freight operator, open access operator, or charter company.
This isn't the first time West Coast Railways have been suspended from operating on the network because Network Rail had concerns about WCR operating in a safe manner. In August 2014 they suspended WCR's access (for steam locomotives) to the London North Eastern route following a lineside fire. The fire of itself wasn't the sole reason for the suspension, it was Network Rail's concerns over WCR's Safety Management Systems.
WCR, on being suspended, took the dispute to an Access Dispute Adjudication (ADA), being quite bullish in their claim and dismissive of
NR» 's defence, seeking compensation for what they saw as an unjust punishment. WCR's claim was thoroughly disabused by the adjuducator.
My reading of the documents is that WCR's Safety Management Systems were sadly lacking, their attitude to Network Rail was combative rather than collaberative, and their chairman in particular came across as rather cavalier.
Read all about that dispute here:
http://www.accessdisputesrail.org/New%20ADC%20Web/Access%20Dispute%20Adjudications/ADA%20determinations.htmIt's
ADA20 on that list. The .pdf on the left is the adjudicator's determination. The links on the right are the claim to the ADA by WCR, the responses from Network Rail in defence to that claim, the response by WCR to NR's defence, as well as case management directions from the adjudicator.
Fascinating reading.
