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Railway legislation news

News and updates on emerging and evolving railway legislation and standards in the areas of Safety, Interoperability and Health and Wellbeing.

  • EU wide legislation
  • GB Railway specific legislation, associated Guidance
  • GB Railway related legislation, associated ACOPs and Guidance
  • British, European and International Standards (BS, BS EN and ISO)
  • Industry consultations
  • Other news
  • Prosecutions

This is not a definitive list and only represents the knowledge available at the time of publishing.

When there are significant updates to report, these will be mentioned in our monthly news digest Your RSSB. Register now to recieve a copy External link.

August 2017 updates

> Safety performance

Common Safety Targets.

The European Railway Safety Directive 2004/49/EC prescribes the development and monitoring of Common Safety Targets (CSTs), these are levels that must at least be achieved by parts of the railway system. Every year the European Agency for Railways publishes a report on the assessment of achievement of CTSs.

On 2 June 2017, the European Union Agency for Railways launched a paper to initiate a discussion with stakeholders about the value of numerical safety targets, the 4th railway package represents significant change in the rail safety regulatory framework, the outcomes of the consultation will allow the Agency to support the Commission in drafting a mandate to revise or retain the current Common Safety Method (CSM) for CSTs. They want to know whether safety targets are adding value, or perhaps even doing damage. Answers should be sent by 4 September 2017 to ernest.godward@era.europa.eu for more information click here.

> Safety Management Systems

Human factors netwrok

The European Union Agency for Railways initiated the Human Factors project in 2012 to promote the application of human-centred perspective in European Railways.

The 6th international human factor seminar will be held in London from 6 to 9 November 2017, for more information click here. The deadline for registration is 20 October 2017.

Source

> Regulatory framework

Train driving licences and certificates

The Train Driving Licences and Certificates Regulations 2010 (TDLCR) sets out the legal requirements of the licensing and certification system for train drivers in Great Britain. This brings into force the requirements of the Train Driving Licences Directive 2007/59/EC on the certification of train drivers operating locomotives and trains on the railway system in the community and it came into force on 6 April 2010.

Any new driver must have a train driver licence and certificate to drive on the mainline railway. Existing drivers will need both by 29 October 2018. Doctors, psychometric assessors and training and examination centres who assess new train drivers must be recognised by ORR. For more information click here.

> Railway related news

Personal Protective Equipment Regulations

August 2017

As of 21 April 2018, Directive 89/686/EEC will be repealed by the new Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment (PPE).

The new PPE Regulation is aligned to the New Legislative Framework policy. In addition, it slightly modifies the scope and the risk categorisation of products. It also clarifies the documentary obligations of economic operators.

The Commission organised a workshop on the transition from Directive 89/686/EEC to Regulation (EU) 2016/425. This took place on 16 November 2016 in Brussels.

Further information

> Other news

Transport of dangerous goods - Guidelines concerning the use of derailment detectors

3 August 2017

ERA has released guidelines concerning the use of derailment for transport of dangerous goods, they reflect the applicable legal requirements for the safe and interoperable use of derailment detectors and can be found on their website.

ERA published 89th list of vehicle keeper marking register

3 August 2017

The vehicle keeper marking register (VKM register) provides a unique VKM and name of all keepers. ERA updates the register every first Wednesday of the month. Click here for more information.

> Industry consultations

Consultation on the overall framework for regulating Network Rail

Date published: 27 July 2017

Closing date: 21 September 2017

Organisation: ORR

ORR are consulting on their approach to regulating Network Rail in CP6 focusing particularly on:

  • The overall framework for regulating Network Rail
  • Route requirements and scorecards
  • Possible measures of the System Operator’s performance.

More information

Consultation on improving Network Rail’s renewals efficiency

Date published: 20 July 2017

Closing date: 13 September 2017

Organisation: ORR

This consultation seeks views on what Network Rail, ORR and the wider industry need to do differently to improve renewals efficiency in CP6. The outcome of the consultation will help inform ORR’s approach to scrutinising Network Rail’s plans for CP6.

More information

Crewe Hub: options for building on existing connectivity

Date published: 17 July 2017

Closing date: 12 October 2017

Organisation: DfT and High Speed Two (HS2) Limited

This consultation seeks views on the vision for a hub station at Crewe to inform the ongoing work to develop plans for a Crew Hub and the business cases that would be required to take this forward.

More information

HS2 Phase 2b: Eastern leg rolling stock depot

Date published: 17 July 2017

Closing date: 12 October 2017

Organisation: High Speed Two (HS2) Limited

Seeks views on the proposed relocation of a rolling stock depot form New Crofton to a site in the Aire Valley adjacent to the M1.

More information

HS2 Phase 2b draft Environmental Impact Assessment Scope and Methodology Report

Date published: 17 July 2017

Closing date: 29 September 2017

Organisation: High Speed Two (HS2) Limited

Seeks views from local authorities, relevant statutory consultees, and national interest groups along the route on the draft Scope and Methodology Report which will inform how the Environmental Impact Assessment will be undertaken for the High Speed Two (HS2) Phase 2b hybrid Bill. The Environmental Impact Assessment will identify the likely significant environmental effects and appropriate measures to limit such effects.

More information

HS2 Phase 2a hybrid Bill environmental statement

Date published: 17 July 2017

Closing date: 30 September 2017

Organisation: DfT and High Speed Two (HS2) Limited

Seeks views from members of the public and other interested parties to comment on the environmental statement for the HS2 Phase 2a route between the West Midlands and Crewe.

More information

HS2 Phase 2b draft equality impact assessment scope and methodology report

Date published: 17 July 2017

Closing date: 29 September 2017

Organisation: High Speed Two (HS2) Limited

This consultation asks local authorities, relevant statutory consultees, and national interests groups along the route to comment on the draft Equality Impact Assessment Scope and Methodology Report, which will inform the way in which the equality impact assessment is undertaken for HS2 Phase 2b.

More information

> Prosecutions

Crossrail contractor fined £1m following three incidents

28 July 2017

A joint venture comprising of three companies established to support the Crossrail tunnel construction, Bam Ferrovial Kier (BFK), has been fined a total of £1,6065,000 following three incidents, including the death of a worker. More information on HSE website.

Farm worker jailed for driving over level crossing

28 July 2017

Car thrown off the tracks and Nairns level crossing

Dimitar Vaclinov, of Cambridge Road, Ely, has been sentenced to ten months in prison on 28 July 2018, for risking the safety of persons in the railway. On 12 August 2016 Vaclinov drove a Land Rover Discovery on to Nairns Level Crossing, in Stretham, he did not contact the signaller, as a result there was an immediate collision with a passenger train travelling at 70mph and carrying 105 passengers. The crash caused £100k worth of damage to the train and approximately £290k worth of delays and cancellations. More information from BTP.

Passenger accident at Hayes & Harlington station – Train driver found not guilty of endangering the safety of rail passengers, by wilful omission or neglect

7 August 2017

Hayes & Harlington station

On August 7, at Blackfriars Crown Court, Train driver Stephen Murdoch was found not guilty of endangering the safety of rail passengers, by wilful omission or neglect by failing to check the length of the train was clear before leaving the station.

The case was brought after an accident at Hayes and Harlington Station on July 25 2015 where a passenger became trapped in the train doors. The passenger, who had arrived on the platform as the doors were about to close, had placed her hand between the closing door leaves. The train driver did not identify that the passenger was trapped and the train moved off, dragging the passenger along the platform. After being dragged for about 19 metres, the passenger lost her footing and fell onto the platform. The passenger suffered head, hand and back injuries.

RAIB released on 30 June 2016 a report into this incident.

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