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Ludlow Crash - No further action against tractor driver

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John Luxton

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From BBC Shropshire

No further action will be taken against a man after a passenger train collided with his tractor and trailer in Herefordshire, the British Transport Police has said.

The incident saw the Transport for Wales Manchester to Cardiff train reach speeds of 80mph (129 km/h), before it hit a loaded agricultural trailer at Nordan Farm, between Leominster and Ludlow, on 22 May.

A man, 33, from Bromyard, was arrested on suspicion of endangering safety on the railway, but has since been released with "no further action" to be taken.

https://www.bbc.co.uk/news/articles/c77d007x26xo?app-referrer=deep-link

This would suggest that he followed the correct protocols for crossing.

The RAIB report should be interesting as it narrows down the potential causes.
 
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Harpo

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This would suggest that he followed the correct protocols for crossing.
The BBC picture appears to show an AHB (automatic half barrier) but might be a stock photo of course?
 
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Gloster

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The BBC picture appears to show an AHB but might be a stock photo of course?

If it was indeed this crossing/an AHB then the only road protocol for a normal user is to obey the lights and phone in an emergency.

It is a user worked crossing with a ‘phone,
 

AlterEgo

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RAIB established very quickly he used the telephone in their initial report, so it is unclear what the police continued to suspect him of for four further months before discontinuing their investigation.
 

AverageJoe

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RAIB established very quickly he used the telephone in their initial report, so it is unclear what the police continued to suspect him of for four further months before discontinuing their investigation.
I didn’t follow this. Who was considered at fault in the end?
 

Gloster

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RAIB established very quickly he used the telephone in their initial report, so it is unclear what the police continued to suspect him of for four further months before discontinuing their investigation.

We should be careful about speculation, but it depends how the conversation went.
 

Wilts Wanderer

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The incident saw the Transport for Wales Manchester to Cardiff train reach speeds of 80mph (129 km/h), before it hit a loaded agricultural trailer at Nordan Farm, between Leominster and Ludlow, on 22 May.

I know it’s par for the course these days, but I do get mildly irritated by the wording of this, as it somehow seems to imply that the train was irresponsibly speeding.

”A loaded agricultural trailer was struck by a train travelling at 80mph” would be a far better wording, as it removes any implication that the speed of the train was somehow a factor in the collision occurring.
 

AlterEgo

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I didn’t follow this. Who was considered at fault in the end?
The driver of the tractor is not considered to have done anything illegal. As for the question of fault, that remains to be seen, but RAIB will not be "blaming" any party.
 

AverageJoe

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The driver of the tractor is not considered to have done anything illegal. As for the question of fault, that remains to be seen, but RAIB will not be "blaming" any party.
That’s a strange one, I would expect some safeguards in place to prevent an incident like this and that it would either be the tractor driver, train driver or signaller who had made an error, in which case I would expect the RAIB to assign blame to someone.

Will be interesting to see what the investigation brings out and if any RB changes come out of it.
 

swt_passenger

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That’s a strange one, I would expect some safeguards in place to prevent an incident like this and that it would either be the tractor driver, train driver or signaller who had made an error, in which case I would expect the RAIB to assign blame to someone.

Will be interesting to see what the investigation brings out and if any RB changes come out of it.
RAIB don’t ever assign blame, it’s stated clearly in the preamble to their reports.
The purpose of a Rail Accident Investigation Branch (RAIB) investigation is to
improve railway safety by preventing future railway accidents or by mitigating their
consequences. It is not the purpose of such an investigation to establish blame or
liability. Accordingly, it is inappropriate that RAIB reports should be used to assign
fault or blame, or determine liability, since neither the investigation nor the reporting
process has been undertaken for that purpose.

They state the facts, then it is for ORR and the courts to deal with the follow up activities.
 

357

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RAIB established very quickly he used the telephone in their initial report, so it is unclear what the police continued to suspect him of for four further months before discontinuing their investigation.
I expect nothing else from BTP
 

Deepgreen

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I know it’s par for the course these days, but I do get mildly irritated by the wording of this, as it somehow seems to imply that the train was irresponsibly speeding.

”A loaded agricultural trailer was struck by a train travelling at 80mph” would be a far better wording, as it removes any implication that the speed of the train was somehow a factor in the collision occurring.
I agree - the BBC is slumping further into sensationalism with its reporting. It's insidious but steady.
 

norbitonflyer

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RAIB established very quickly he used the telephone in their initial report, so it is unclear what the police continued to suspect him of for four further months before discontinuing their investigation.
Maybe loking in to the possibility that he failed to follow the signaller's instruction, either on purpose or due to a misunderstanding.
 
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Farang

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I know it’s par for the course these days, but I do get mildly irritated by the wording of this, as it somehow seems to imply that the train was irresponsibly speeding.

”A loaded agricultural trailer was struck by a train travelling at 80mph” would be a far better wording, as it removes any implication that the speed of the train was somehow a factor in the collision occurring.
"The incident saw the Transport for Wales Manchester to Cardiff train reach speeds of 80mph (129 km/h)" Quite! It gave me a mental image of a train careering out of control with the driver desperately pulling on at a non-functioning brake handle.
 

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Do bear in mind that the BBC item was probably based on a press release produced by BT Police; even the photo may have come from them. Do your seriously expect them to have a team of experts who can examine the press release, rewrite it, check it with BTP and cross-reference the photo? For that matter, has any other national outlet outside the railway press even bothered to cover this?
 

styles

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Do bear in mind that the BBC item was probably based on a press release produced by BT Police; even the photo may have come from them. Do your seriously expect them to have a team of experts who can examine the press release, rewrite it, check it with BTP and cross-reference the photo? For that matter, has any other national outlet outside the railway press even bothered to cover this?
Isn't that the job of a journalist/news outlet?

The police might generally be a reliable witness to the BBC but it would be prudent to fact check things. Besides, they had photos and even videos of the crash when they reported it the first couple of times - seems like an easy thing to find an actual photo of the crossing from an internal image bank.
 

Dave W

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Maybe loking in to the possibility that he failed to follow the signaller's instruction, either on purpose or due to a misunderstanding.

I'm sure there are nuances but taking 4 months to decide whether, after a phone call giving instructions, someone followed them or didn't follow them still feels rather excessive. It would seem the tractor driver's involvement can be boiled down to some pretty basic premises: he did call and ignored instructions, he did call and followed them, or didn't call and cracked on. Since we know the third isn't right, how can it take so long to decide if it's A or B?
 

Deepgreen

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Do bear in mind that the BBC item was probably based on a press release produced by BT Police; even the photo may have come from them. Do your seriously expect them to have a team of experts who can examine the press release, rewrite it, check it with BTP and cross-reference the photo? For that matter, has any other national outlet outside the railway press even bothered to cover this?
Doesn't sound like wording that would emanate from the police. An important job of the BBC is to present stories in a non-judgemental and non-sensational form. Perhaps the exact wording is immaterial here, but I certainly perceive a significant drift towards sensationalism in the BBC, and in stories that have not come from other sources. Indeed, I have complained to them about this issue on a couple of occasions and the stories concerned were magically re-worded afterwards.

== Doublepost prevention - post automatically merged: ==

Isn't that the job of a journalist/news outlet?

The police might generally be a reliable witness to the BBC but it would be prudent to fact check things. Besides, they had photos and even videos of the crash when they reported it the first couple of times - seems like an easy thing to find an actual photo of the crossing from an internal image bank.
Quite.
 

AlterEgo

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Do bear in mind that the BBC item was probably based on a press release produced by BT Police; even the photo may have come from them. Do your seriously expect them to have a team of experts who can examine the press release, rewrite it, check it with BTP and cross-reference the photo?
That sounds like what a journalist should do, rather than just regurgitating the police press release. It is what anons on the Internet are doing!
 

Harpo

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Do bear in mind that the BBC item was probably based on a press release produced by BT Police; even the photo may have come from them. Do your seriously expect them to have a team of experts who can examine the press release, rewrite it, check it with BTP and cross-reference the photo?
I think you’ve neatly summarised the death of local journalism with the BBC’s online output following suit. Even the railway technical press often seems to regurgitate NR and TOC material without critique or challenge.
 

Gloster

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Isn't that the job of a journalist/news outlet?

The police might generally be a reliable witness to the BBC but it would be prudent to fact check things. Besides, they had photos and even videos of the crash when they reported it the first couple of times - seems like an easy thing to find an actual photo of the crossing from an internal image bank.
Doesn't sound like wording that would emanate from the police. An important job of the BBC is to present stories in a non-judgemental and non-sensational form. Perhaps the exact wording is immaterial here, but I certainly perceive a significant drift towards sensationalism in the BBC, and in stories that have not come from other sources. Indeed, I have complained to them about this issue on a couple of occasions and the stories concerned were magically re-worded afterwards.

== Doublepost prevention - post automatically merged: ==


Quite.
That sounds like what a journalist should do, rather than just regurgitating the police press release. It is what anons on the Internet are doing!

It is the point that the BBC is under considerable financial pressure to cut costs, primarily by politicians who want to reduce its ability to ask awkward questions. The users of this forum may have the detailed knowledge to see the errors, but do you think that the BBC should have a team of experts on railway operation permanently available to check every detail of what is a relatively minor incident? Should it employ the number of staff required to check every minor item in detail?

I am fully in favour of accuracy in news reports, but the financial pressure placed on organisations like the BBC means that if you raise the demand too high, they will just have to drop the coverage…just like most of the other news outlets have already done. The perfect is the enemy of the good.
 

Stephen42

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I'm sure there are nuances but taking 4 months to decide whether, after a phone call giving instructions, someone followed them or didn't follow them still feels rather excessive. It would seem the tractor driver's involvement can be boiled down to some pretty basic premises: he did call and ignored instructions, he did call and followed them, or didn't call and cracked on. Since we know the third isn't right, how can it take so long to decide if it's A or B?
With no knowledge of the specifics here, endangering safety on the railway requires wilful neglect or omission rather than just neglect or omission. The hardest part to prove will often be the wilfulness, showing the person was aware they weren't doing what they should have. To take another case several years back of a driver who didn't telephone, the investigating team had to trawl back through previous crossings to find them calling to undermine that driver's statement they didn't know they needed to use it.

It's possible this case needed extensive evidence gathering to understand if neglect/omission was intentional and collaborate the driver's account with the limited other evidence. Activities might include past crossings being evaluated, communications driver received from Network Rail or crossing owner/employer about how the crossing should be used or risks they need to be aware of. If there was a potential case, it would have to be reviewed to see if a realistic prospect of conviction. That review may lead to further investigation if evidence wasn't sufficient in some areas. In that scenario there would then be a final review as well. No further action doesn't necessarily mean no crime committed.

Also can't exclude a reporting delay, not clear if it was put out as a statement or in response to a question asked by a media outlet on the status of the investigation.
 

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It is the point that the BBC is under considerable financial pressure to cut costs, primarily by politicians who want to reduce its ability to ask awkward questions.
I appreciate this, but I don't believe that excuses inaccurate reporting. If they couldn't find a photo of the actual crossing they could have simply run the story without a photo. They also have photos and videos of the crossing from earlier reports so I'm not sure why they didn't just re-use one. They re-use photos on update stories all the time, it's par for the course.
The users of this forum may have the detailed knowledge to see the errors, but do you think that the BBC should have a team of experts on railway operation permanently available to check every detail of what is a relatively minor incident? Should it employ the number of staff required to check every minor item in detail?
Well, yes and no. BBC News is a very large organisation and they will have reporters with rail specialism. Either it's a big enough story to make use of one of their specialist reporters, or it's minor enough to just not put a photo up because it'd be better to have no photo than a photo of one which isn't of the actual site, when the specific sites are often quite an important factor in such stories. They also could've taken the somewhat obvious step of asking Network Rail for a comment about the crossing, at which point they may have highlighted the potential drawbacks of certain types.

I don't think it's too much to ask that an organisation like the BBC which strives itself on accuracy should not make simple mistakes. I don't believe it's a simple mistake, particularly given their earlier articles mentioned that it was a user-worked crossing which may be part of the issue, and had photos of the actual crossing. I'm not expecting the BBC to know the calculation of tractive effort, but if the entire story is about a crash at a level crossing, it seems pretty basic to me to use a photo of the actual crossing, or at worst, a photo of a different crossing of the same type with an explanation that it's a similar crossing.
I am fully in favour of accuracy in news reports, but the financial pressure placed on organisations like the BBC means that if you raise the demand too high, they will just have to drop the coverage…just like most of the other news outlets have already done. The perfect is the enemy of the good.
I'm afraid that if news agencies don't have the money to accurately report a story, they simply shouldn't report it. Financial pressures are unfortunately not an excuse. And as mentioned further up, they could've just omitted the photo. That would be avoiding perfect being the enemy of the good while preserving journalist integrity and press accuracy.

To reiterate arguably the main point - the entire story here is about a user-controlled level crossing, which are known to be problematic; it's not a minor detail that the photo they use features an automatic half-barrier crossing with lights and sirens and a yellow box and automatic barriers. Showing the latter in a photo when the crossing is of the former, I think is quite misleading. The differences in crossing types are very likely to be material to RAIB's findings.
 

Deepgreen

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It is the point that the BBC is under considerable financial pressure to cut costs, primarily by politicians who want to reduce its ability to ask awkward questions. The users of this forum may have the detailed knowledge to see the errors, but do you think that the BBC should have a team of experts on railway operation permanently available to check every detail of what is a relatively minor incident? Should it employ the number of staff required to check every minor item in detail?

I am fully in favour of accuracy in news reports, but the financial pressure placed on organisations like the BBC means that if you raise the demand too high, they will just have to drop the coverage…just like most of the other news outlets have already done. The perfect is the enemy of the good.
I agree with you to a large extent, but it has become very noticeable that the BBC's output has become more sensationalist and, on line especially, more aligned to 'clickbait' principles. For example, with their local news items, it is now rare to see the actual location of an event in the headline, with readers having to delve well into the story to find it, which is not in line with the BBC's remit of efficient news/information provision. None of these things save money, they just reflect poorer journalism.

The point is still valid that the wording used did, I think, suggest that the train's speed had somehow been an issue.
 
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