This shouldn't turn into a blame game, it was exceptional circumstances and hardly something that is likely to occur on a regular basis.
I don't see what more Southeastern could have reasonably done in the circumstances and I don't blame the passengers who decided to get off.
Unfortunately it already has become a blame game. I agree the circumstances were exceptional , but most incidents in which passengers get off a train onto the tracks are exceptional.
On one side of the blame argument are those calling passengers idiots, and on the other side, those saying the TOC could have managed the incident better. Sadly, blame alone will not cure the problem.
I believe the reality is that passengers will continue to get off broken down trains all the time TOCs fail to proactively manage the situation, and this includes reliable, consistent communication with passengers and prompt resolution of the problem. Poor and sometimes non existent communication and long delays are what seem to prompt people to take matters into their own hands.
Here's a link to the BBC news page when FCC were prosecuted and fined under the Health and Safety at Work Act.
http://www.bbc.co.uk/news/uk-england-london-24107132
look forward to a smart lawyer winning a case for false imprisonment personally. railcos need to get their act together.
I'm not sure about the unlawful detention angle. I'll ask around about that next week.
This one's not railway related, but .... Unlawful Detention - Lewis v HSBC -
http://www.bbc.co.uk/news/business-14046113
so how long is it acceptable to detain people on a train for? 4 hours? 12 hours? or can they be left to die of hypothermia or thirst?
stating that trespassing is wrong under all circumstances is absurd.
Leaving a failed / stranded train is not trespassing.
From the CPS website, guidance for crown prosecutors.
http://www.cps.gov.uk/legal/p_to_r/road_traffic_offences_transport_offences/#trespass
Railway Trespass
Several summary offences deal with this (Stones 7-7041):
Section 16 Railway Regulation Act 1840: it is an offence to wilfully trespass on any railway or premises connected therewith and to refuse to leave when asked to do so by any officer or agent of the railway company. 'Wilfulness' can be proved by the refusal to leave. The offence is punishable by one month's imprisonment
Section 23 Regulation of the Railways Act 1868: this prohibits passage upon or across any railway line except for the purpose of crossing the line at an authorised point. A person commits an offence by so doing after having once received warning by the railway company, their servants or agents, to desist
Section 55 British Transport Commission Act 1949: this penalises trespass on railway lines or property in dangerous proximity to such lines or electrical apparatus. Evidence is required of a notice exhibited at the station nearest the place of offence providing a clear public warning not to trespass on a railway. Punishable by a fine.
A possible defence could be to say you were not trespassing. You were a legitimate passenger on the train, until the point when you realized that it was not going anyway. After that, you simply decided to leave, and you did so by the shortest route you could find off the railway.
The section 16 offence has a requirement that the alleged offender refuses to leave, however in the case of someone exiting a train and leaving the railway by the most direct route, the offence would not be complete as there would no element of refusal to leave.
A person who was legitimate passenger on the train at the point when they realized that it was not going anywhere, would not be a trespasser by simply leaving by the shortest route they could find to the nearest station, or off railway property.
Indeed. Somebody operating an egress in those circumstances after one hour is nothing but impatient, and I agree that behaviour is needless and unnecessary.
I don't. Not when the train is stopped within sight of a station. Patience may or may not be a factor, and it's a matter for each individual on the train. I fully understand why people eventually take matters into their own hands in situations like this, and in some cases, I'm surprised people wait as long as they do before getting off.
The first person out was a fool,.....
What you're saying makes a lot of sense, however fool probably isn't the word I would have used. I think that person is a natural leader, who took the initiative. I would guess that for every person who makes a bold decision like that, there will be many, many more who wished they'd been a little more brave so they could have taken the decision first. I also think that as a country, we need more people like that to highlight inept bureaucracy and bring about some practical, joined up thinking, and an environment in which TOCs will choose to work proactively and prevent situations from deteriorating to the point where anyone would consider it necessary to detrain of their own initiative.
.........Perhaps the passengers who gave up waiting and left the train have done us all a big favour by highlighting the various issues - whether they be poor communication, poor infrastructure, poor training.......
Yep, sounds about right.