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A railway guard has been convicted of the manslaughter
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Colin Reeves; as I said, it was a quick half hour on the internet; I got the USABLE platform length from network rail themselves: www.networkrail.co.uk/.....tions%20and%20depots.pdf Even if this is only 1 platform, the cost for 50 platforms would only be around £0.145 per visitor recouped in the 1st year. How many other industries can do that? Big rab; “almost a natural hazard” so people should be used to it! We have had street lighting since the early 19th century, therefore we have been digging holes in the road since this time, shall we not bother putting up barriers to prevent pedestrians falling into the said holes because people should know it’s dangerous?? Others have posted on here how they have to deal with drunks and druggies, not to mention disabled people and children, are they all fully aware of the dangers given their conditions and ages? Also, why does everyone seem to think that the rail staff at the stations, as well as the ones who get onto and off of trains are not at work?? In its 2007 White Paper ‘Delivering a Sustainable Railway’, the previous UK Government set out its vision for the future of the railway in England and Wales. It sought a railway which over the following 30 years: l will handle double today’s level of freight and passenger traffic l will be even safer, more reliable and more efficient than now l will be able to cater for a more diverse, affluent and demanding population l will have reduced its own carbon footprint and improved its broader environmental performance. I think that the goal of doubling today’s present passenger volume is on the low side, even so, this growth in volume will mean of these type of accidents occurring more frequently, but I am obviously in the minority,
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bigrab wrote: The WAH regulation do not apply because a railway platform is not a "place of work",.
What about the Fat Controller?
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redken wrote:What about the Fat Controller? Oyyy, stop talking about me!!
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redken wrote:bigrab wrote: The WAH regulation do not apply because a railway platform is not a "place of work",.
What about the Fat Controller? The railway is a thoroughfare like a public road, i.e. a place for vehicles and pedestrians to proceed. The Fat Controller could be me (or could have been when I worked in the Railway) and he will have had training to ensure that he knows the risks. The people getting on and off the trains may be going to and from work but are not at work within the definition of the WAH regulations. The WAH regs were not intended to deal with public thoroughfares.
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Bigrab............ Does the railway run itself???? you obviously didn't read my posting, what about the rail staff who work on the stations day in day out every day of the year..what do you think the guard was doing that day?? of course the WaH regs apply, just as the HaSaWa applies.
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Let's see if we can put this one to bed...the W@H regulations apply to an employer in relation to work activities. Therefore passengers are not deemed to be at work. The W@H would apply to staff and contractors and would be subject to the 'reasonably practicable' precedent pursuant to HSWA. Just as railways which use current rails (3rd and 4th rails) are subject to 'reasonably practicable' from the Electricity at Work Regulations 1989 - Insulation, protection and placing of conductors:-
7. All conductors in a system which may give rise to danger shall either–
(a)be suitably covered with insulating material and as necessary protected so as to prevent, so far as is reasonably practicable, danger; or (b)have such precautions taken in respect of them (including, where appropriate, their being suitably placed) as will prevent, so far as is reasonably practicable, danger.
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Well Ray, the W@H regulations might not apply to the passengers, but the passengers must be protected.
Let's try out tis argument, by considering another W@H example - scaffolding on a high street pavement. The shoppers are not employed by the builder but they must be protected - if they are injured by a falling brick or tool then the builder has not complied with the W@H regs.
So, in the railway station have the guard or the railway company - in THEIR work environment - not complied with the W@H regs by allowing a drunk person to fall under a moving train, when it might have prevented?
I still think the root cause is allowing a drunk person to get near the platform edge.
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John, sometimes we get embroiled with semantics, legal arguments or both. The failure in your scaffolding scenario was not providing a SSoW and a breach of s3(1) regardless of whether an injury occurred or not.
The railway fatality was a result of a combination of factors - infrastructure, moving trains and reckless behaviour. If it was the infrastructure alone, or a failure to provide a SSoW, it would have been NWR in the dock and not the train guard.
I can't honestly say what was the root cause. I do know the immediate and underlying causal factors.
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Thanks Ray, I guess I was almost harking back to post #1 of this thread, and I take your point re Hasawa S3(1)
I've not read about the case other than on this thread, so is your summary in #48 your opinion, and in agreement with the conclusions during the case? that NWR have a suitable SSoW?
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John, it all comes down to that old rubric - reasonably practicable. Short of ensuring all platform train interfaces (PTIs) are designed so that people cannot come into contact with the train or track the infrastructure is relatively safe in my opinion. How much one can legislate for reckless or stupid behaviour on the platform is a matter of conjecture.
Incidentally, I visited an old friend this week who used to be a guard and a train driver like myself. We discussed this case and agreed that we had been in a similar scenario on many occasions. By the grace of God we never had a serious incident.
Slightly off topic, when I was working for a TOC I was asked to investigate a spate of PTI incidents. The most serious was a lady who got her leg stuck up to her thigh between the train and the platform - which is incredible given the gap is only a few inches! The fire brigade attended and placed an inflatable under the carriage to allow her to remove her leg. The guard was praised for spotting the lady in the first instance - it could have been a tragic outcome. After much investigation I could not ascertain why the increase in similar PTI incidents, when the platforms were straight and less of a gap (mind the gap) than on many other railways. My conclusion was that because there was less of a perceived risk passengers were also less vigilant.
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Thanks John. Watching the video (scroll down past the photos), the whole event takes just a few seconds, she was lucky that someone saw her, or maybe she remained conscious and started screaming. I'm sure she sobered up quite quickly after that! johnmurray wrote:http://www.dailymail.co.uk/news/article-2077213/Drunk-woman-stumbles-platform-train-Barnsley-station.html
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JohnW, you said
"I've not read about the case other than on this thread,"
If you wish to read it you can a find a link to the official investigation report into this James St incident that I posted at #14 in this thread.
p48
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The intention is to have as few staff as possible. In many cases this will be zero, especially at night. I can get off the train at my local station at 0100z and walk out of the station and not see a single member of anyones staff. So that would be from London to Bedford and no rail staff seen. And the intent is to de-staff the underground almost completely in coming years.......never mind, there is plenty of cctv...so at least we will be able to se what happened: After.
(this visiting site person has inspected carefully the above text and testifies that, in his opinion, no moderators were insulted or consulted. No other people were harmed in the contextualisation of this missive. This comment is as near to zero-emission as it is possible to get)
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Page 19 of the Jan 2013 issue of the THSP magazine is an opinion formed from recent expert opinion on the case that the judgement in this instance maybe unsafe. Steve
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Steve, I have read the article in SHP which illustrates many of the concerns in this particular thread. I would not be surprised to see an Appeal some time soon against the conviction.
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Firesafety101 wrote:In my opinion, and I live close to where the girl lived and use the same Merseyrail system, she should not have been allowed onto the train in the first place.
How far should we go back to the start of this issue? Maybe to the very first drink she had earlier in the day, were her parents aware she was drinking?
Her friends all knew her age and yet they all got drunk.
She had been drugged - was this willingly or forced upon her?
Where were the staff at the first station she entered and why was she allowed onto the train while drunk?
The girl got off the train at a previous station and then got back onto the train, this is what she was attempting to do when she suffered the tragic accident.
Were her friends responsible for her getting off the train there?
Was the guard just fed up with the girl and her friends antics while on and off his train, was he tired and ready for home after a long day at work?
Where were the other station staff when the accident occurred?
Lots of questions asked but where are the answers?
Until the accident occurred everyone involved thought it was all right to carry on.
let's hope that everyone learns from this.
why shouldn't she be allowed on the train? surely this is the safest form of transport offered to her, do you know were your kids are every minute of everyday? Public transport should be open to her like it is to everyone else who has had a drink and want to get home. If the guard was fed up with thier antics he should have called the police and had her removed. No amount of guard rails would have assisted as she was still leaning on the train when the guard signalled for it to move. If we are going to go for barriers everywhere then we also need a system in place to prevent the train moving if people are still next to the train (light guards). The SHP has an article on this incident in this months edition.
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pgahegan wrote:Just spent half an hour looking at a cost benefit analysis of retrofitting an anti surge barrier at Glasgow central station along the usable length of the platforms, setting the barrier 800mm back from the edge, with openings 1600 mm wide every 20m.( the average length of a train car is 23m) Typical layout below. This would allow wheelchair access and would also act as a “clear area” so the guard would be able to clearly see when it is safe to signal for the train to move. ____________ _________ _____________________ _____ The usable length of the Glasgow central station; according to Network Rail, is 253m. Fitting a barrier as described at a cost of, say £400 per meter = £101,200. The number of passengers per year through the station, again from Network Rail is 34 million. Divide 34million by 101,200 = £0.0029 per passenger is this too expensive to be reasonably practicable, as many of the postings have said on here??
I'd agree that this makes for interesting reading and makes me more curious as to the breakdown of the calculations for CBA from pgahegan. I will throw some additional questions into the mix; What possession time/cost been accounted for in the CBA figure? Does this figure account for all platforms at Glasgow Central? If the cost of £0.0029 is for a single platform at 253m then what would the total cost be for this type of barrier to be fitted at stations across the country? What would the trigger point be to mandate the fitting of barriers at a station? Looking forward to understanding this more.
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bigrab wrote:I'm with RayRapp on this one. I cannot believe some of the responses to this. We have become a completely risk averse society and instead of educating people about risk there are some on this thread who are advocating barriers everywhere where somebody can fall.
I have not read the judgement of this case in full but it seems to me that the Guard had a clear responsibility for the safety of passengers that he failed to carry out. I have been a Railway Guard in the past and was always acutely aware of the danger of people on the platform falling between the gaps in the carriages. The only mitigation that I can see for this case is that modern rolling stock does not allow the Guard to continue watching the platform as the train departs so that he can stop the train if somebody falls. Like Bigrab I have also worked on the railway for around 20 years BUT mine is a heritage railway working to a 1960 rule book. The guard stands on the platform to await the station masters' 'right-away' to which he acknowledges. He then signals his ticket inspector the all clear, at which point he signals to the driver the 'right-away' and boards the train for his compartment. At all times up to the OK for the driver to leave the station, all three of us are checking for random acts by the passengers that may put themselves at danger. Once the train is moving, the guard stands in the doorway looking along the length of the train checking that no one is trying to board / leave the moving train anmd has his hand on the emergency brake. Only once he has left the station will he retire to the confines of his compartment. Whilst not against progress and rationalisation, in this instance this is one case where the old ways are better with more staff and the guard leaning out of a window would have eliminated the certaintity of the young lass being killed. Badger
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Badger
I am not unfamiliar with the 'older' ways of railway working, but I cannot concur with your view that the guard leaning out of the window would have eliminated the certainty of the young lass being killed. Unfortunately many people have been killed in a similar fashion. It only takes a second or two for someone to fall between the platform and carriage gap. Once the train starts moving the clock starts ticking.
Most trains are now fitted with inter-car barriers which prevent someone falling between the carriages, even older stock have been retro fitted. No certainty that all accidents will be prevented just reduced.
Ray the Train - LOL!
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I have been reading this thread with great interest as I work on the rail network and travel extensively by train.
the calls for barriers on all platforms has been raised before, both on this forum and in the industry, and the answer is always the same.
The installation of a barrier, while expensive is not the only cost, the disruption to the whole of the rail network as these barriers are constructed will be huge, nay massive, and will cost the rail network many millions alone. Add to that the fact that costs for any quotation for construction is now expected to exceed the original you have no way of knowing the final cost to the tax/farepayer. And then we can add on the maintenance and repair costs....
Then even if you install barriers, when they open, there will still be a significant gap between the platform and train on curved platforms, should we then proceed to get all the platforms straightened, as many of the incidents of people falling between the train and platforms are around the door area?
For those who are looking for the factors in this case, I am sure that both the prosectution and defence, RAIB, et al have looked under just about every stone during their investigations.
The only statement that concerns me in SHP is that the CPS requested the RAIB delay the publication of the report until after the trial, surely this would have been key evidence.....!!
IMVHO ... Ken
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Can not help wonder why only two solutions are considered, physical barriers or a painted line. Could light sensors be used linked to a signal light to the driver or CCT wireless feed to the train driver. OK it would not stop someone falling, but they may be seen.
Thousands of miles of station, millions of pounds to install, ok and how may millions of passengers are there, so the cost each would be ????. I have always felt where there is a will there is a way.
Or we accept that from time to time people will be killed.
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chris42 wrote:Can not help wonder why only two solutions are considered, physical barriers or a painted line. Could light sensors be used linked to a signal light to the driver or CCT wireless feed to the train driver. OK it would not stop someone falling, but they may be seen.
Thousands of miles of station, millions of pounds to install, ok and how may millions of passengers are there, so the cost each would be ????. I have always felt where there is a will there is a way.
Or we accept that from time to time people will be killed. Bear in mind the total cost for introduction of this type of tech. Before installation there would need to be design and extensive testing before type approval could be granted and this would take a considerable amount of time. Then consider the lifetime costs attached, the development of a suitable maintenance regime and the cost of who would maintain as well as training for the staff identified as the maintainer. So, when talking costs it's not a simple case of 'here's the equipment, lets fit it and move on', there's other elements that need consideration and costs attached before this type of initiative gets anywhere near the ground.
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chris42 wrote:
Or we accept that from time to time people will be killed.
Bang on the money Chris. Said before, say again, Its not our job or profession to totally elimante all accidents from ever occuring its to get them down to an acceptable level. Its economically, socially and moraly wrong to physically guard all stations in some of the ways described in this thread as of Jan 2013 so it needs to be parked IMO along with filing down sharp edges on pieces of paper before loading the printer to prevent paper cuts. With the millions that commute daily then actually as hard as it is a pill to swallow for some of you then this type of 'incident' (not the exact case in the OP) falls within the acceptable range.
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My heart bleeds for the poor impoverished train company’s. 250 million passengers at say £1 extra each that would be…. I’ll go get my calculator. Surely enough and this is just one operator. Last time I went on a train it felt like I was buying a coach, so an extra pound would not be noticed.
From Google :-
LONDON UK, 17 August 2011: Virgin Trains today announced record sales of £753 million for the year to March 2011 as booming passenger numbers reached more than 28 million and drove ticket sales faster than any other UK train operator.
West Coast Trains Limited, the operator of the line, filed accounts this week which showed profits after tax of £39.9 million and that it paid the Government a £110 million premium payment. Virgin Group and Stagecoach, the shareholders shared a dividend of £32.5 million for the year, while the business kept £6.5 million for reinvestment.
Passengers numbers have more than doubled in the last six years and Virgin Trains has carried more than 250 million passengers on the route since March 1997.
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It's still socially and morally wrong! Where does it end - millions and millions of miles of kick boards, intermediate rails and handrails all along our coastline where we have cliffs? Millions and millions of miles of the same along every kerbside - or at least along motorways?
I'll leave this thread now as its getting too silly and gives SHE practitioners a bad rep who are calling for complete elimination of ever being able to fall under/over anything by erecting barriers at the edge of everything on earth.
99.9% of the millions of people who interact with the train/platform interface on a daily basis do so safely - the 0.01 who do not is completely acceptable in general terms (this case in point has specific issues far reaching and not just related to edge protection).
I for one do not wish a linear life where barriers are present left and right guiding me from my bed to work and back again.
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I’m sorry you feel I bring the profession into disrepute, because I chose to suggest there may be ways to help with this issue using modern technology.
People walking around coast lines are not being charged for a service, and I have never seen a motorway with a pavement next to it. In fact when you break down on a motorway they tell you to stand behind a barrier. So I don’t see this view as relevant or persuasive.
I only suggested CCTV as these are sometimes fitted to large vehicles where reversing sight lines are poor. So to have one fitted to the side of a train or on a platform looking down the length of a train did not seem that outlandish or that expensive considering the profits made. The monitor would be in the train cab and the train driver training would be “ look at monitor to ensure everyone is clear before moving off”. Again I am sorry you don’t feel you can have a constructive debate with me, I mean no offence to anyone.
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Don't take it personally Chris - Your suggestion is for general safety improvement rather than complete edge protection and so not so outlandish.
Its the 'barrier all edges, bubblewrap all people' brigade that need to get real and move away from the thought process that absolutely anything that could ever could harm a human in any way needs to be banned/eliminated ASAP.
We have ALARP, Risk Retention, Insurance, Assurance and 2000+ years of evolution to tell us 'I'll stay away from that - it hurts/could hurt' Perhaps I should be an American as their Safety Law pretty much works like this. I did think we still had Volenti tho - 'the risks speak for themselves - willing person and all that' if people are bothered about civil claims.
Defo last post on this one - think my views are clear and of course there will be another side who disagree - just wanted to fly the flag for the common sense brigade.
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chris42 wrote:I only suggested CCTV as these are sometimes fitted to large vehicles where reversing sight lines are poor. So to have one fitted to the side of a train or on a platform looking down the length of a train did not seem that outlandish or that expensive considering the profits made. The monitor would be in the train cab and the train driver training would be “ look at monitor to ensure everyone is clear before moving off”. Chris, this sort of thing is already fitted on many stations, albeit the camera monitors are on the platform where the driver can see them. However, this may well not stop this type of incident happening as the driver has to look forward when moving off and cannot monitor people staggering into the side of the train as it moves off. Most of the suggestions have been barriers aka Jubilee line. As mentioned before, this is not possible when multiple operators use a station as door spacings vary between stock types - particularly the odd heritage stock used on excursions.
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I have posted of this thread previously and can't see a real solution, though I wish we could go back in time and have ticket/turnstiles that might prevent drunk/drugged passengers entering a station, like if someone is so incapacitated that they can't get their ticket out of their handbag, then they wouldn't get through, yeah? That could have saved her life.
Interesting thread. And a (maybe) interesting thought I've just had (it's late in the evening!). ACoPs go to great efforts to provide suitable controls for professional workers who already understand well the risks at work and in public places, but safety training must be confirmed etc, yet for people not at work who have little or no awareness of the hazards they might encounter, they are free to proceed.......
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I'm baffled that anyone thinks the best thing for a young, drunk woman after an evening out is to be left stranded by being prevented from using public transport to get home.
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Fair point Kate. On this occasion it was a shame that the victim was not given better support by her friends on the train, but I presume they were also in a similar inebriated state.
I would like to know whether inter-car barriers were fitted to this particular rolling stock and if not, why not?
I think this thread shows that sometimes there are no simple answers. Risk ubiquitous and will be compounded by reckless individual behaviours. If only something good could come out of this tragic incident in order to save some other poor souls - I doubt it.
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chris42 wrote:My heart bleeds for the poor impoverished train company’s. 250 million passengers at say £1 extra each that would be…. I’ll go get my calculator. Surely enough and this is just one operator. Last time I went on a train it felt like I was buying a coach, so an extra pound would not be noticed. That's where part of the problem lies because there's a wide misconception that the train operating companies and the infrastructure owner are one and the same. Simply put, this isn't the case. A project of this type would be delivered by the infrastructure owner, usually network rail but if it affected underground platforms as the result of a change to a railway group standard then also the likes of LU/TfL (as an example). As a result the cost of this would not have much of an impact on the operator's profit and would likely be paid out of the funding from the office of rail regulation, which comes from the government, which comes from the tax payer. So, the question really is what level of risk management do the general public want to pay for? Given unlimited resources (including money and competent people) it could be achieved but considering the old cost vs risk balance does one side outweigh the other? Equally it needs to be considered that if barriers were introduced what potential risk could be imported with them and how would that be managed?
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Nlivesey Not completely disagreeing, but from my earlier post you quoted from what about the £110 million premium to the Government, or is that just for the Xmas party. Not saying that barriers are the appropriate option, but we used to live in Great Britain (partly made great by our engineering creativity) could some of that not be applied here.
Colin, I didn't realise there was a system similar to my suggestion actually in operation, so thanks for that. Again though if the monitor was in the cab then it would only be like a car driver glancing in the rear view mirror before pulling off, while the train driver is looking forwards. Would help with the unmanned stations as well.
It was only a thought, almost wish I had not bothered.
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Kate wrote:I'm baffled that anyone thinks the best thing for a young, drunk woman after an evening out is to be left stranded by being prevented from using public transport to get home. Kate I don't think anyone, including me, suggested a drugged woman be left stranded on a station foyer. If she was unable to pay/produce a ticket to enter the platform she could have got assistance from local transport police and would still be alive today. John
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Previous posts have suggested she shouldn't have been allowed on the train when drunk. It's not the job of the transport police to transport people home when they are drunk, is it? In fact it's the job of the public transport system!
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Just had a quick look at the report for the stats that Pete48 referenced, well worth a read. I have not read the full thing yet but when you get to the possible technical solutions, and specifically the one about reducing the gap, look at the pictures of the side of the train. The picture showing the gap dimensions and door step. Think so the person does not fall through, but lies on the edge of the platform, then what happens.
The report seemed to be suggesting no matter what the guard did the train would not have stopped. The only thing he could have done was physically move the girl away, instead of warning her. I will read the report in more detail, but I'm wondering why he was convicted.
Also interesting the comments about looked but did not see. They also linked this phenomena to car accidents.
Lots of things for us to talk over other than barriers (which it did not exclude as a solution).
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Kate wrote:Previous posts have suggested she shouldn't have been allowed on the train when drunk. It's not the job of the transport police to transport people home when they are drunk, is it? In fact it's the job of the public transport system! Kate, I didn't say it was a police job to take the drunk girl home, please don't put words into my messages that were not there. I said she could have 'got assistance' from local transport police. Single white female situation; a drunk vulnerable female would not be left alone, police cell is a possibility, for her safety. Whatever form of assistance she might receive, if it prevented her entering the railway platform then she would be alive today.
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But if you apply as a general rule that drunken young women should be prevented from entering railway platforms - many more vulnerable people will be put at risk. Meanwhile cases like this one that would be prevented by that rule are extremely rare, and there already are measures to prevent them (which in this case, unusually, failed). The rule would create a greater risk overall.
And I doubt that the transport police have the resources to deal with all the drunk and vulnerable passengers who wish to use trains. It's not as if young people getting drunk is in any way unusual.
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N Livesey;#58 most of the answers to your questions are on the link on posting #41, as for the rest, as you seem to be employed in the industry, why do you not post some projected costings to prove your point that it is too expensive, instead of just posting questions that imply that it is too expensive and difficult.
dameleccfc #64 “Its economically, socially and moraly wrong to physically guard all stations in some of the ways described in this thread” !!!! You may argue that it is economically wrong, but how can you say it is socially and morally wrong to protect people from harm whilst they are on your business premises?
dameleccfc #66 “It's still socially and morally wrong! Where does it end - millions and millions of miles of kick boards, intermediate rails and handrails all along our coastline where we have cliffs? Millions and millions of miles of the same along every kerbside - or at least along motorways?” A Cliffside is very rarely an operating business making millions of pounds profit every year. How many kerbsides have a 1.2 metre drop onto the roadway? Most of the motorways I travel on have a central reservation barrier as well as barriers by the emergency lane; which you are instructed to stand behind in case of a breakdown. Chris42#65 points out the real picture: The Government take £110 million. The shareholders get £32.5 million. Reinvestment gets £6.5. And we have just been informed that rail fares are to go up for improvements to the railway system. So much for the mantra of “it’s too expensive to retrofit barriers and not reasonably practicable.
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A railway guard has been convicted of the manslaughter
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