Nor was there any basis for an allegation that the tractor driver was misusing the crossing. Rather, I was (and remain) surprised at the difference in approach to the three major protagonists by the police.
For what it's worth, my thoughts lean towards that the driver never should have been arrested, rather than encouraging police interviews of rail personnel in the event of an incident.
Indeed.
It may be the case the tractor driver said something at the scene which raised suspicion but it seems unlikely. If a tractor trailer ends up getting hit by a train there are four likely human sources to consider by the police. The driver of the road vehicle, the driver of the train, the signaller, or someone responsible for maintenance of the train.
It's notable that car/vehicle drivers are routinely told they get away with murder all the time but the reality is in this case, the tractor driver:
- followed all safety procedures correctly
- was qualified and competent to drive
- drove, indeed, to the proper standard
- had his property destroyed as a result of a third party's incompetence, and was a victim
They were arrested, and on bail, presumably, for the best part of a year.
The signaller:
- was a competent and safety critical member of staff with several years' experience
- turned up to work fatigued, and knowingly so
- gave permission for the tractor to cross when it was not safe to do so, contrary to their training
- did not check the block instrument, contrary to their training
- used their mobile phone while undertaking safety critical duties, contrary to policy
- caused a serious accident which hospitalised two people and damaged railway and private property, and could well have killed someone
No police consequences.
I'm not making a determination on if "the signaller should face severe consequences". However I invite others to reflect on what might have happened had the tractor driver been working unexpectedly, tired, after a family emergency, under pressure from an older colleague, and in doing so wilfully drove their vehicle in such an obviously dangerous way (and indeed in a way which was ingrained, a regular occurrence, and reckless) and caused an accident on the road.
I would love to know what the police's reasonable suspicion here is. You can't just arrest someone who you find at the scene of an accident because "well it's usually the tractor driver's fault when a train and tractor crash isn't it". If the police come because my wife has died at home they can't arrest me unless they reasonably suspect foul play by me because of evidence they gather or witness at the time, despite it "usually being the husband who did it".