Eighteen hurt in train and lorry crash in Suffolk - 17 August 2010

[whole diary]

[grahame]

It would appear that the train ran into the road vehicle due to the damage to the front cab of the train.

Indeed most probable, but quoting the BBC^» (British Broadcasting Corporation - home page):

A sewage tanker hit the train ...

Let's not make assumptions!   I suspect that both might have been moving.

[vacman]

This accident sorry, negligent stupid act, is looking very much the fault of the lorry driver as he didn't phone the signalman, on the guardians website is a picture of the crossing showing the clear "Stop" sign for road users and underneath all the instructions for using the crossing, lets hope they throw the book at this idiot! It looks as if the unit could be a write off looking at the state of the cab, I believe NXEA^▸ (National Express East Anglia) are already short of DMU^▸ (Diesel Multiple Unit)'s!

Thank god no-one was killed!

[grahame]

This accident sorry, negligent stupid act, is looking very much the fault of the lorry driver as he didn't phone the signalman, on the guardians website is a picture of the crossing showing the clear "Stop" sign for road users and underneath all the instructions for using the crossing, lets hope they throw the book at this idiot! It looks as if the unit could be a write off looking at the state of the cab, I believe NXEA^▸ (National Express East Anglia) are already short of DMU^▸ (Diesel Multiple Unit)'s!

Thank god no-one was killed!

The operators of this forum are in no position to pass judgement, and would appreciate it if members didn't pass judgement either until due process has been carried through.  I wonder if anyone who's commented has ever actually looked at the crossing involved ...

Having said that - yes - the majority of level crossing collisions between pedestrians or vehicles and trains do turn out to be caused by the vehicle driver or pedestrian, and if there's negligence there then the appropriate weight of the law should be brought to bear.

[Electric train]

The tanker was full of "slurry"     Looking at the footage of the BBC^» (British Broadcasting Corporation - home page) my assumption is the train hit the tanker more or less dead center of the trailer, a 30 tonne or so road trailer would be almost like hitting a brick wall, from the footage you can see how resilient modern(ish) rail vehicles are.

The what happened, were there any breaches of procedure etc and recommendations for this crossing and others with a similar levels of road and rail traffic will be addressed by RAIB^▸ (Rail Accident Investigation Branch), HMRI^▸ (Her Majesty's Railway Inspectorate) Police etc

[JayMac]

I concur that this is not the place to speculate as to the causes/reasons for the collision. I may've contributed to the speculation by pointing out the possible charges and potential sentences that can be handed down. However, I did so, in generality, to compare the possible charges and show that the sentencing options for someone found guilty of these charges are very similar.

As others have said, in this case, and indeed others of a similar nature, the investigating authorities are tasked with finding out what happened, why, how and where to apportion blame etc. Speculating here on the forum or passing judgement will achieve nothing.

[JayMac]

BBC^» (British Broadcasting Corporation - home page) Look East led their evening bulletin tonight (18/08/2010) with a news report on the collision.

Video can be found here.

[Chris from Nailsea]

From the BTP^▸ (British Transport Police) press release:

SUDBURY TRAIN INCIDENT - ARREST UPDATE 5.30PM

The driver of the tanker involved in a collision with a train near Sudbury in Suffolk will remain in custody overnight after the court granted British Transport Police detectives more time to question him.

The 38-year-old man from Ely, Cambridgeshire is being questioned on suspicion of endangering safety on the railway.

A train struck a large sewage tanker carrying ^sludge^, at an unmanned level crossing near Sudbury, Suffolk on Tuesday, 17 August.  BTP was called to the incident at 5.37pm, where 21 people were injured.

[Chris from Nailsea]

A video news report, from the BBC^» (British Broadcasting Corporation - home page):

Tanker cleared from Suffolk train crash site

The sewage tanker involved in a crash in which a train was derailed has been removed from the scene.

Work has been going on to re-open the rail line in Suffolk where a train crashed, injuring 21 people.

[Tim]

When there is an accident that proves to be the fault of a train driver (a SPAD^▸ (Signal Passed At Danger) for example).  There is a clamour to prosecute the TOC^▸ (Train Operating Company) and or NR^» (Network Rail - home page).  Look at what happened to Thames Trains.  presumably here there is a case for prosecuting the lorry driver's employer.  If the rail crossing was a regular acess point to the sewage works then it was a known hazzard and the water company ought to have taken steps to mitigate it.  I wonder if their drivers had been told how to use the crossing and or whether their behaviour on it had been monitored.  If they were train drivers not following the correct procedure wrt the signallers would have been noted and severly dealt with/   

[Electric train]

When there is an accident that proves to be the fault of a train driver (a SPAD^▸ (Signal Passed At Danger) for example).  There is a clamour to prosecute the TOC^▸ (Train Operating Company) and or NR^» (Network Rail - home page).  Look at what happened to Thames Trains.  presumably here there is a case for prosecuting the lorry driver's employer.  If the rail crossing was a regular acess point to the sewage works then it was a known hazzard and the water company ought to have taken steps to mitigate it.  I wonder if their drivers had been told how to use the crossing and or whether their behaviour on it had been monitored.  If they were train drivers not following the correct procedure wrt the signallers would have been noted and severly dealt with/   

The HSE^▸ (Health and Safety Executive) seem to be very reluctant to tackle what you mention, in part I think because operating a road vehicle is covered by it own legislation which is outside the remit of the HSE.  The defense of the employer is that this type or level crossing is in "common use" and that they check the competence of their drivers on a regular bases in accordance with the road traffic act

[JayMac]

Further update from the BBC^» (British Broadcasting Corporation - home page).

Looks like the lorry driver has been charged under Section 34 of the Offences Against the Person Act 1861. I can't imagine its section 32 or 33, as they both require intent.


Section 34 of the Offences Against the Person Act 1861:

Whosoever, by any unlawful act, or by any wilful omission or neglect, shall endanger or cause to be endangered the safety of any person conveyed or being in or upon a railway, or shall aid or assist therein, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, . .

[Chris from Nailsea]

Agreed: that looks like Section 34 to me: 'Doing or omitting anything to endanger passengers by railway'.

[JayMac]

I'm wondering whether the police had to charge the driver under that act rather than The Road Traffic Act 1988 seeing as the level crossing wasn't on the public highway?

[Phil]

More here from the Daily Express

http://www.dailyexpress.co.uk/posts/view/194264/Man-charged-over-crash-at-crossing/

[Chris from Nailsea]

From the BBC^» (British Broadcasting Corporation - home page):

Driver of sewage tanker in Suffolk train crash in court

The 38-year-old driver of a tanker involved in a collision with a train in Suffolk has appeared in court charged with endangering safety on the railway.

Arvydas Bartasius, of Hawthorn Close, Ely, Cambridgeshire, appeared before Bury St Edmunds Magistrates' Court.

The incident happened at an unmanned level crossing near Sudbury when the first of the train's two carriages was derailed, injuring 22 people.

Mr Bartasius was remanded on conditional bail until 1 October.

The 1731 BST National Express East Anglia service was thought to be travelling between 50mph and 60mph as it made its way from Sudbury in Suffolk to Marks Tey in Essex when it was in collision with the tanker.

A 58-year-old passenger remains in a "serious but stable" condition at Addenbrooke's Hospital in Cambridge. Twenty-one other people were injured.

The lorry was removed from the line shortly after midnight on Wednesday and railway services on the line resumed on Friday morning.