Network Rail fined £70,000 after train derails on poorly maintained level crossing

16 July 2009
ORR/17/09

Network Rail was today fined £70,000 and ordered to pay costs of £25,000 for failing to ensure the safety of train passengers, train crew and road users by inadequately maintaining a level crossing. Network Rail pleaded guilty to the offence and was sentenced today at Norwich Crown Court.

The prosecution brought by the Office of Rail Regulation (ORR) followed an incident on 12 September 2006 at Croxton level crossing near Thetford, Norfolk.

Just before 6am a heavy rubber panel in the crossing surface was dislodged by a lorry and then hit by at least two other vehicles. One car was lifted and spun out of control after it hit the ‘ramp’ created by the panel. A passenger train travelling at almost 90 mph arrived at the crossing shortly afterwards and was derailed by the panel.

The train ran for a further 460 metres before it stopped, foul of the other line. Fortunately there was no train coming the other way and no serious injuries to the car drivers, train passengers or crew.

An investigation by ORR’s railway safety directorate found that the dislodged panel, and others at the crossing, were not properly supported by sleepers. Network Rail missed a number of opportunities to re-space the sleepers despite being told about loose panels at the crossing on at least 7 occasions in the previous five months. There was insufficient training for staff.

Commenting on the case ORR deputy chief inspector of railways Allan Spence said: “This was a very serious incident which, but for good luck, could have been catastrophic. The repeated failings of Network Rail’s level crossing maintenance system at Croxton put road users and people on trains at great risk – and that is simply unacceptable.

“The derailment highlights the importance of effective infrastructure maintenance, so that equipment is installed to appropriate standards and that maintenance checks identify and fix deterioration before it becomes dangerous. It also demonstrates the need for more effective training of the workers who install and maintain key assets. Effective management by Network Rail of their maintenance regime would have identified that maintenance and inspection records for this crossing were missing, unsigned, and in at least one instance, signed by a person who did not complete the work.

“ORR will continue to press Network Rail to improve its asset management, and so address the significant failings illustrated here, as one of the seven strategic themes in our recently published strategy.”

Notes to editors

1. Network Rail Infrastructure Limited pleaded guilty to breaching section 3(1) of the Health and Safety at Work etc Act 1974. They failed to ensure, so far as was reasonably practicable, that persons not in employment were not exposed to risks of health and safety. This involved failure to control the design, inspection and maintenance of Croxton level crossing for which it was fined £35,000.
2. Network Rail Infrastructure Limited were found guilty of breaching the Level Crossing Regulations 1997 as it failed to maintain the surface of the carriageway of Croxton level crossing (in Norfolk) in a good condition for which it was fined £35,000.
3. ORR’s strategy for ‘promoting safety and value in Britain’s railways. 2009-14’ can be found at: http://www.rail-reg.gov.uk/upload/pdf/388.pdf

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