Trespassers

What is strange is how these urban (or perhaps rural) myths about the law of trespass not applying to heritage railways start. The West Somerset LRO was long time ago and I can't readily put my hands on it but set out below is Article 34 of the Welsh Highland TWA Order 1999.
"34.—(1) Any person who—
(a)trespasses on the railway, except where the railway is in a highway; or
(b)trespasses on any land of the undertaker in dangerous proximity to the railway or to any electrical or other apparatus used for or in connection with the operation of the railway;
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale."

I'd be pretty certain that the WSR LRO has something similar.

 

Though not created under primary legislation LROs/TWAs have statutory force by virtue of their original enabling Acts. Before being signed into being various conditions have to be met, including the bye-laws that will be effective once an undertaking is operational - of the examples that I know none do not include reference to the relevant law on trespass (as someone else mentioned this is, I think, derived from the Railway Clauses Consolidation Act. It would be a serious oversight on the part of the parliamentary agents and others involved if any railway were operating without provision to deal with trespass on a railway.

On the separate issue of police enforcement - BTP are essentially a dedicated force funded by those who pay for them. It is therefore the decision of any individual railway whether the contribute to BTP or use their local police force. A condition of holding a license as an operator on the licensed network is to have such an arrangement in place.

 

The original WSR LRO doesn't specifically cover trespass but then that document (1974) allows the WSR to run DMUs (only) up to 40mph as the original intention was to run a public service between Taunton and Minehead. Clearly these documents gather amendments over the years as the railway itself changes, and nowadays the WSR's SMS as approved and monitored by ORR covers most activities along with associated byelaws (which are in line with those on Network Rail). The WSR works with local police on these matters and as you might expect have promptly reported this incident to the local police.

I think it's fair to say that most if not all responsible heritage railways have the mechanisms in place to deal with trespass. Certainly the WSR does - a busy railway cannot function without robust procedures and management, and ORR certainly would not allow the WSR to operate if it lacked in all critical areas. As said before, it's not a plaything or a hobby, it is a successful business ,a major local employer and operating under very strict regulation.

Steve

 

Well, I'll admit then that my knowledge did not quite match the realities - at least not in many/some/all cases - but at least it has provoked further discussion.