Legal
• He took a terrible risk in assuming that Miss Varley would move away when the train began to move and he ignored his repeated training and instruction to ensure it was safe to start the train before he gave the signal;
• After giving the signal he could have countermanded it before the train had really begun to move and have warned Miss Varley to stand away from the train but he did not do so.
The judge sentenced McGee to five
years’ imprisonment. McGee has been given leave to appeal to the Court of Appeal.
Implications Train guards work in what are sometimes extremely challenging circumstances. The constant emphasis on safety within the railway industry means that like many other categories of railway employees they are well trained and aware of their responsibilities for the safety of their colleagues and passengers.
The consequence of this is that it is difficult for such an employee who makes a deliberate decision to act in a way which unintentionally results in the death of a passenger to excuse himself from the legal consequences. At the same time, and conversely, the better the training the less likely it is that the employer will be criminally responsible for the gross negligence of an employee.
Daniel McShee and Kamal Chauhan, Kennedys LLP. Telephone: 020 7667 9667
Book Review
The human face ofrail disasters
David Cornell, head of the Project Engineering department, Lordgate Engineering, reviews Train Wreck: the Forensics of Rail Disasters by George Bibel
G
eorge Bibel is an accomplished professor of engineering, and his experience in forensic research and collaboration with prolific rail author, Professor Mark Aldrich, has enabled him to produce a defined, informative and enlightening piece of literature. Ultimately, the book is written by an American author about the American rail system for American rail enthusiasts, but that said, its unfailing relevance lies in the fact that the majority of its subject is common to all railway systems. Professor Bibel’s research into train wrecks is thorough and concise, his accounts are taken from eyewitnesses where possible, and if not that, from official archives - all of which leaves the reader in no doubt that the information is both accurate and concise.
The description of disasters that involve loss of life, and the reasons for them, is both fascinating and macabre: the level of human incompetence, whether due to ignorance, lack of commonsense or just blatant stupidity is criminal. The author does not judge, he informs, and because of this the book gives an insight into how much we as passengers rely on the expertise of train and railway infrastructure designers to do their job, and do it well.
Throughout the book, findings are supported with detailed diagrams and structural calculations. Subjects covered include positive train control - designed to eliminate human error where signals are missed, as well as the history of bearing failures and the generic design of those currently in use. Charting the expansion of the American passenger train’s structural design and how it compares with European high- speed train development, Bibel investigates the structural integrity of the American design, and its affect on the outcome of rail accidents involving both passenger and freight trains.
PAGE 34 FEBRUARY 2013
He explores the development of signalling and interlocking through to modern-day computerised control, and his coverage of purposely de-railing trains to prevent collisions is fascinating! The majority of the book though is devoted to freight train disasters and their prevention, which is not surprising as the American rail system has been built with the movement of freight as its main driving force. Longer and heavier freight trains meant that special structural parameters had to be introduced, and to that end Bibel looks at the evolution of the freight train’s structure, and disaster prevention measures in the form of collision posts and anti- climbers.
There is a description of wheel wear and rail fatigue and their effects, as well as the systems introduced to counteract such problems. The forces that effect long freight trains on corners, the development of the modern coupler, controlling the slack, string lining and braking sequences are also detailed, and Bibel’s coverage of harmonic rock-off and track-hunting is clear and concise.
I enjoyed the book;
it’s informative and well written, and if it wasn’t for the fact that I had to read it in order write this review, it’s publication last December meant it would have been a welcome addition to my Christmas list! Published in 2012 by The Johns Hopkins University Press. ISBN- 3: 9781421405902
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100