Network Rail has been fined £1 million and ordered to pay costs of £60,015 following a prosecution brought by the Office of Rail Regulation for breaches of health and safety law which led to the deaths of two teenage girls at Elsenham station footpath crossing in December 2005.
Today’s sentencing at Chelmsford Crown Court marks the end of the rail regulator’s criminal prosecution against Network Rail for the deaths of Olivia Bazlinton and Charlotte Thompson, aged 14 and 13 years old, who were struck by a train at the Essex footpath crossing on 3 December 2005.
Network Rail pleaded guilty to two charges under The Management of Health and Safety at Work Regulations 1999 and to one charge under the Health and Safety at Work etc. Act 1974.
ORR’s director of railway safety, Ian Prosser, said:
“Today’s sentencing at Chelmsford Crown Court marks the end of the rail regulator’s criminal prosecution against Network Rail after Olivia Bazlinton and Charlotte Thompson, aged 14 and 13 years old, died when they were struck by a train at Elsenham footpath crossing on 3 December 2005.
“Network Rail failed Olivia and Charlie and their families by not addressing the safety risks at the crossing, and the consequences were devastating. It is right that the company has apologised and pleaded guilty to breaches of health and safety law that led to their tragic and preventable deaths.
“Safety on Britain’s railways is my chief priority – and while Britain’s railways are safe, and safety is constantly improving, it is vital that the whole rail industry continues to work together to ensure that incidents such as this do not happen again.”
David Higgins, chief executive, Network Rail, said:
“On behalf of Network Rail I apologise for the mistakes made by us in this tragic case that contributed to the deaths of Olivia and Charlotte.
“Nothing we can say or do will lessen the pain felt by Olivia and Charlotte’s families but I have promised the families that we will make level crossings safer, and we will deliver on that promise.
“Fundamental changes to the way we manage and look after the country’s 6,500 level crossings have, and are being made. In recent years we have reassessed all of our crossings and closed over 500. There is still much to do and we are committed to doing what is necessary to improve our level crossings.”
Network Rail bosses recently waived any potential bonuses to further fund level crossing safety improvements.
So this fine will be added to my season ticket cost then. I would rather see the money directed towards curing the problem by a set date.
The sad fact is that these girls did NOT die because NWR failed to act on earlier recommendations – if they had done so, the girls MIGHT still be alive – but the reason they died is becasue they took a chance, ignored existing signage or were simply careless – or some combination of the three. Tragic, but completely avoidable – if in doubt,do not cross, we all know how unforgiving trains are, no exceptions.
Level crossings close the gates and stop road traffic when a train approaches. I believe they remain closed until after the last imminent train has cleared. If the same barriers are used for pedestrians then they would only be able to cross when no trains are approaching.
If, on the other hand, pedestrians are allowed to cross at places other than the road crossing with no barriers in place and where the pedestrian is supposed to make a visual judgement as to whether a train is approaching, accidents are almost inevitable.
I could not work out what was the situation in this case.