Skip Ribbon Commands
Skip to main content
Loading...

Railway legislation news

Last updated on 20 November 2017

News and updates on emerging and evolving railway legislation and standards in the areas of safety, interoperability and health and wellbeing.

Significant news will be mentioned in our monthly news digest Your RSSB. Register now to receive a copy. External link

Click on the subject headings below to expand the information.

> Industry consultations

Noise differentiated track access charges schemes

Date published: 27 October 2017

Closing date: 24 November 2017

Organisation: European Commission

Regulation (EU) 2015/429 on noise differentiated track access charges (NDTAC) incentivises retrofitting freight wagons with composite brake blocks to mitigate rail noise. The European Commission has developed an evaluation roadmap to assess the effects of implementing the scheme. Citizens and stakeholders are invited to provide views on the Commission’s understanding of the problem and possible solutions.

More information

Recast of Regulation (EC) 1371/2007 on rail passengers’ rights and obligations

Date published: 27 September 2017

Closing date: 22 November 2017

Organisation: European Commission

The European Commission is seeking feedback on the proposal for a regulation on passengers’ rights and obligations which aim is to ensure a fair balance between the interest of passengers and the rail industry. Its objectives are to promote equal rights for all rail users in the European Union, and to enhance railway undertakings’ competitiveness.

More information

Draft transport accessibility action plan

Date published: 24 August 2017

Closing date: 22 November 2017

Organisation: DfT and Disable Persons transport Advisory Committee

The DfT is seeking views on a draft accessibility action plan which sets out proposals to improve the travel experience for people with disabilities.

More information

November 2017

Interoperability

> ERA Opinion on possible revision of CCS TSI

The European Union Agency for Railways has published an Opinion to the European Commission recommending a series of amendments to the Control-Command and Signalling Technical Specification for Interoperability (CCS TSI) and its Application Guide.

More information

> TSIs deficiencies

The European Union Agency for Railways has published a list of deficiencies on Technical Specifications for Interoperability (TSIs) and their proposed amendments, most of the deficiencies identified are due to typographical errors and translation mistakes on the regulations.

More information

> ERA Recommendation on closure of ENE TSI open point

The European Union Agency for Railways has published a recommendation on the closure of the open point related to interface protocols between on-board Energy Measurement Systems (EMS) and the on-ground energy data collecting system (DCS) and transferred data format to the Energy Technical Specification for Interoperability (ENE TSI). The recommendation also includes proposed editorial changes.

More information

Safety Performance

> ORR’s Annual Health and Safety Report 2016-17

See the Office of Rail and Road (ORR) report on health and safety performance on Britain’s railways in 2016-17, it covers the mainline railway, Transport for London and Britain’s light railways.

More information

Safety Management System

> Certification of entities in charge of maintenance

On 31 May 2018 the Office of Rail and Road (ORR) will cease to be an entity in charge of maintenance (ECM) certification body, they will no longer issue ECM certificates or carry out surveillance activities. The cut-off date for ORR accepting applications seeking a certificate or a recertification from ORR is 30 November 2017.

More information

Prosecutions

> Southeastern Trains and cleaning company fined £3.6m after worker electrocuted on live rail

Roger Lower, a cleaner for Wetton Cleaning Services, was electrocuted after falling on a 750-volt live rail during his shift at West Marina Deport, near Hastings in East Sussex on 24 May 2014. He was found lying on the live rail, although emergency services were called, they were unable to save his life.

On 17 November 2017, Southeastern and Wetton Cleaning services were fined £3.6m in a prosecution brought by the Office of Rail and Road (ORR). ORR’s investigation revealed health and safety failures by both Wettons and Southeastern in contravention of the Health and Safety at Work Act 1974. ORR inspectors found a culture of cutting corners which exposed workers to serious risks.

Southeastern was prosecuted under Section 3 of the Health and Safety at Work Act, Wettons was prosecuted under Section 2 of the Health and Safety at Work Act, they were fined £2.5m and £1.1m respectively.

More information

October 2017

Health and wellbeing

> Workplace health

Public Health England has published ‘Health needs assessment (HNA)’, it is a tool to assess a company’s workforce health. It involves gathering anonymous data through a survey or for example, by analysing sickness absence data. This information is then analysed to plan a programme of staff health and wellbeing.

More information

Other news

> Rail Industry Conference

The Institution of Occupational Safety and Health’s (IOSH) annual Rail Industry Conference will take place in Nottingham on 9 November 2017.

The conference will focus on ‘health and safety in a changing railway’. Speakers include Gary Cooper- Rail Delivery Group, Alex Hynes - ScotRail Alliance, Rob McIntosh - Network Rail and George Bearfield – RSSB.

More information

> Rail Safety Summit

The Rail Safety Summit this year took place at Eversheds Sutherland in London on 13 September 2017.

Rail Minister Paul Maynard – Parliamentary Under Secretary of State at the Department for Transport said we have the safest railway in Europe and welcomed the RSSB’s clarification of the Rule Book requirements.

The slides used on the day are available to download, they include ‘Legal expectations following a safety incident’ by Tim Hill – Partner, Solicitor Advocate at Eversheds Sutherland.

More information

September 2017

Regulatory Framework

> Interoperability

Interoperability is a European Commission initiative to promote a single market in the rail sector. The Railway Interoperability Directive 2008/57/EC requires the production of a suite of Technical Specifications for Interoperability (TSIs).

From 1 January 2015 (1 July 2015 for the Control Command and Signalling TSI) the scope of TSIs was extended to cover the entire European Railway System, not just the Trans-European Transport Network (TEN-T). This means the TSIs apply to the whole of the GB mainline railway system.

The Railways (Interoperability) Regulations 2011 (RIR 2011) came into force on 16 January 2012 and transposed the European Railway Interoperability Directive 2008/57/EC into national law in the United Kingdom. RIR 2011 apply to new, major, upgraded or renewed infrastructure and rolling stock.

At the start of 2017 ORR launched a consultation on the approach to authorisations under the Railways (Interoperability) Regulations 2011. Following the consultation, they have now produced a policy statement relating to a progressive approach to infrastructure authorisation.

More information

Railway related

> Registration, Evaluation, Authorisation & Restriction of Chemicals

REACH is a European Union regulation concerning the Registration, Evaluation, Authorisation and restriction of Chemicals.

REACH applies to substances manufactured or imported into the EU in quantities of 1 tonne or more per year.

Two amendments to regulation 1907/2006 have been done.

  • Commission Regulation (EU) 2017/999 of 13 June 2017 amending Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) – Date of effect 4 July 2017.
  • Regulation (EU) 2017/1510 of 30 August 2017 amending the Appendices to Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals – Entry into force 20 September 2017.

More information

See the key dates and documents on the top right corner of this page to see related documents.

August 2017

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

> Personal Protective Equipment Regulations

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

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

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.

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.

This document is hosted on SPARK

SPARK

You are now being redirected to SPARK, RSSB's knowledge sharing hub, to access the requested information.

Your RSSB user name and password can be used to access SPARK.

Ok