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Passengers forcing their way off stranded trains

Would you forcibly exit a stranded train after 2 hours of suffering ?

  • Yes

    Votes: 78 43.6%
  • No

    Votes: 101 56.4%

  • Total voters
    179
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Ferret

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You say that with such certainty. How many people from this particular incident do you believe will go to court and be found guilty and fined?

You are correct in that a prosecution has a good chance (not a guarantee, I might add) of ending in a fine, but what crown prosecutor is actually going to proceed with this one? The press would have a field day and lawyers would be chomping at the bit to defend the passengers and probably get in on a little class action suit as retribution.

I do say it with a degree of certainty - for one, railway trespass will be a strict liability offence and while not completely impossible to defend against, it's still a tough one. And when it's mentioned in Court what the consequences of that act of trespass were, I'd say you've absolutely no chance of a not guilty verdict.

And I'll go further than that - although yet again, the BTP have failed to act, there will be pressure on them now to do so next time because there have now been high-profile incidents in quick succession, the second of which you could make a case for them to be held partially responsible for.
 
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coupwotcoup

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Suffocating heat, stood-up, squashed in like sardines...................the emergency services would be required before 3 hours were out !

2 hours already illustrates a huge defaillance in the TOC's capacity to run a railway competently.

This was a pleasant Sunday afternoon with an average passenger capacity, but still a pain in the arse when the pubs were open.. :D
 

Pyreneenguy

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You say that with such certainty. How many people from this particular incident do you believe will go to court and be found guilty and fined?

You are correct in that a prosecution has a good chance (not a guarantee, I might add) of ending in a fine, but what crown prosecutor is actually going to proceed with this one? The press would have a field day and lawyers would be chomping at the bit to defend the passengers and probably get in on a little class action suit as retribution.

At long-last, someone with a common-sense point of view !
 

Old Timer

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This is a Virtual power struggle between those who want to do as they please when travelling on the Railway system and those who represent the professional element of the staff, supported by those with a better understanding of the realities.

At the end of the day, irrespective of any romantic ideals about heroes and villians, and emotive words such as being trapped, held hostage, imprisoned, suffering, etc. the situation is really quite simple.

When you travel on the Railway system you agree legally to abide by the Railway Byelaws, and to follow the instructions given to you by Railway staff.

Offences are Criminal precisely in order to rule out the sort of "I will go the the ECHR, etc, etc" gung ho characters. The need for that was recognised right from the outset of Railways.

Irrespective of any "defence" put forward, trespass and refusing to comply with instructions become Strict Liability matters that are dealt with summarily by the Magistrates Court.

This issue can be likened a little to being stuck on an aeroplane for hours at an airport. These things can and do happen from time to time. You can be certain that anyone trying to break out of the plane or refusing to comply with the instructions given by the cabin crew would be dealt with under the full weight of the Law. There is much precedent to demonstrate this.

The debates about evacuation have hinged upon very long delays, which in themselves have been unusual in character. It now seems to have evolved into a suggestion that a passenger can legitimately detrain as and when they feel like it.

All this poll will do is to highlight those who are prepared to break the Law and in doing so make matters harder for those who are law abiding. Very much a case of identifying those whose concern in life is simply for themselves, and bugger everyone else.

At no point that I have seen so far has anyone expressed a willingness to take a more positive form of action to assist another passenger who maybe genuinely needed to receive some sort of assistance. It has all been about "me" and the refusal to accept any interference with personal behaviour - even when proven to be acting against the best interests of the majority.

It may be appropriate for some on here to do some reflection on the fact that many of the failures discussed have been related to the actions of individuals within the Community who have taken this "me uber alle" attitude to another level.
 

PinzaC55

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465Fan said "Without slagging each other off, I would go so far as to say that should I be stuck on a train, and there was no sign of movement, coupled with intense heat and a lack of water, I would most definitely begin evacuation, on a couple of conditions:

Inform the driver, and in real terms, give him the ultimatum that he either rings the Bobby and gets the juice cut / trains stopped for 10 / 20 minutes whilst he evacuates his train, or we walk off and people like me, who are well versed in PTS / 3rd rail do the work and keep everyone safe."

And if you did that, and one of the passengers whom you had decided to assume responsibility for had an accident, what would your response be in court when they sued you for damages?
 

Ferret

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At long-last, someone with a common-sense point of view !

In what way is condoning a free for all, which inconveniences many people more than is necessary and is dangerous and illegal a 'common-sense point of view'? Truly unbelievable.
 
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Old Timer

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A railway employee can make him/herself available to assist the booked traincrew of a service on which they are travelling in an event such as this. I don't believe they can take charge of the situation though.
Yes they can.

The definition of a "Railway Servant" in the various Statutes is sufficiently wide.

It is only in the areas of revenue and fraud prevention that the representative has to be an authorised member of the TOC.

The Railway Rule Book is quite clear in the responsibilities of all staff - and this includes Contractors who are part of the Railway Group. The safety of the public must be a prime responsibility.
 

Pyreneenguy

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In what way is condoning a free for all, which inconveniences many people more than is necessary and is dangerous and illegal a 'common-sense point of view'. Truly unbelievable.


We're talking about exceptional circumstances, this is not a case of being simply black or white; right or wrong. Any judgement would have to take this into consideration.
 

Ferret

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We're talking about exceptional circumstances, this is not a case of being simply black or white; right or wrong. Any judgement would have to take this into consideration.

A nice avoidance of my question, which to my mind demonstrates you know you're on the wrong side of the argument.
 

PinzaC55

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Yes they can.

The definition of a "Railway Servant" in the various Statutes is sufficiently wide.

It is only in the areas of revenue and fraud prevention that the representative has to be an authorised member of the TOC.

The Railway Rule Book is quite clear in the responsibilities of all staff - and this includes Contractors who are part of the Railway Group. The safety of the public must be a prime responsibility.

No they can't. Where a Guard is provided, primary responsibilty for the safety of the passengers rests with him/her. Where a guard is not provided this responsibility devolves to the Driver. You're surely not suggesting that a Train Cleaner employed by the TOC can take charge of a situation from the Driver or Guard? They can assist if required but nothing more.
 

Pyreneenguy

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A nice avoidance of my question, which to my mind demonstrates you know you're on the wrong side of the argument.

Rubbish ! In similar circumstances I know I would take the same action. After two hours the stranded passengers had had enough. The reputation of the TOC's goes a long way in explaining why they evacuated.
 

WelshBluebird

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It really depends on the situation.
How long you have been stuck, how hot the train is, how packed it is, how close to a station you are, if there has been any information or anything etc etc.
No matter how against it some people appear, I am willing to bet that pretty much everyone would leave the train after a certain amount of time. That certain amount of time is different depending on the person, but I very much doubt that anyone would wait around in horrible conditions for much more than a few hours.
 

SS4

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I wouldn't evacuate for safety reasons. Sure I'd be annoyed but having checked the weather report and finding hot, hot weather then I will ensure that I have at least two litres of water.
 

Ferret

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Rubbish ! In similar circumstances I know I would take the same action. After two hours the stranded passengers had had enough. The reputation of the TOC's goes a long way in explaining why they evacuated.

Which proves that you couldn't give a toss about your fellow traveller, and tells us all we need to know about your persona.
 

Pyreneenguy

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Which proves that you couldn't give a toss about your fellow traveller, and tells us all we need to know about your persona.

That's your opinion and you are entitled to hold it. Similarly, a train-load of stranded passengers would delight in your opinion of them !
 

Ferret

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That's your opinion and you are entitled to hold it. Similarly, a train-load of stranded passengers would delight in your opinion of them !

Sorry, you've lost me. Is this yet another diversion to try and distract us from the fact you can't answer a straight question?
 

Pyreneenguy

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I wouldn't evacuate for safety reasons. Sure I'd be annoyed but having checked the weather report and finding hot, hot weather then I will ensure that I have at least two litres of water.

With a bit of luck, I'd find myself squashed next to someone like you on a stranded-train. Obviously, you would share it with your fellow passengers !

Next thing you know, Southeastern trains will be selling 'survival-kits' on their stations !
--- old post above --- --- new post below ---
Despite being a minority, those that would forcibly exit a standed train are sufficient to ensure that the practice has a future on our railways !
 

michael769

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So a question for you.


During the hour or so that normally elapses before an estimate can be given, what would YOU do. Cancel all services travelling to/from the affected area, even from long distance origins?
To what end?

What about train crew ? Are you going to leave those on the trains to fend for themselves or are you going to look at what may be necessary to be done to find them relief ?
I don't understand your point. The crew's first duty is the safety and comfort of their passengers. It is the responsibility of their line managers to ensure they get the support and resources they need to fulfil that duty. That is clearly not happening at present - as evidence for that claim I give you the repeated incidents where trail crews are unable to keep irate passengers on trapped trains without endangering themselves/

What would YOU do about other services that they are due to operate ? Will you cancel them as well or will you try to get train crew from off duty, thus running the risk of impacting the following day's services ?

Again to what end?

Surely you only need 1 person to get information out to the train crews who then relay that to the passengers. Somebody somewhere surely must know what is going on????

Will you make an assumption in the first hour as to the likelihood of the incident being just a simple failure rather than a theft somewhere along a line of route that can only be identified by walking it from end to end ?

Why? How will that impact the ability to pass information onto the passengers?

Will you make an immediate assumption that it will be major, implement major changes and cancellations and then discover that it will be resolved within a short period of time ?

Why? The decision should be made when the information is available to make it or when it becomes apparent that the incident is dragging on for too long with no end in sight.

Remember whatever decision YOU make will be criticised by armchair warriors such as yourself and dissected with intricacy in the comfort of absolute hindsight ?

That I the nature of working in a business that receives a subsidy from the taxpayer (in the case of the ToCs) or is owned by the state (as is NR untilmately), which makes you accountable to the taxpayers, who are entitled to ask such questions.

Your posts suggests that the Signalman (as it will either be them or the TOC control who will speak to them) will have nothing more to do with his/her time than sit down and drink tea

Can you please highlight where I said this so that I correct my post as I had no intent to make such an assertion? What I was tarrying to say is that by insulting passengers with "There is a problem on the line ahead and I have no idea when it will be fixed" and then claiming they are providing information risks giving passengers the impression that that is what is happening.

This quite misses the point that both parties will be working hard to in the one case try to move trains if possible, and will perhaps be reversing trains away from the area, and in the other will be trying to set up alternative arrangements.

I don't claim otherwise, but why not communicate those efforts to the passengers? Why is it such a secret. Surely 1 person from customer services could be co-opted into handling the information flow, thus avoiding diverting those qualified to resolve the problem, from working to do so? I'll lay odds that regular updates are being given to senior managers, why not get their PA to rely it back down the chain to train crews?

Nobody suggests that there are some areas where things cannot be improved but many of these are locked in by legal constraints.

Then those constrains should be highlighted so that we taxpayers can work with the industry to get any unreasonable obstructions removed.

I doubt that you would wish the Nuclear Industry or the Gas Industry to work on the basis of "common sense" yet you seem to believe that the Railway Industry is populated by idiot managers.

I am sure there are many decent managers in the industry, but they are not the people who 6 years after barriers were installed at Edinburgh Waverley still allow season ticket stock to be issued that fails to last more than 3 weeks in the slots. Nor is it the managers who believe it is acceptable to leave 2-3 of their reports to try to handle 200+ irate passengers trapped on a train for 2+ hours, nor is the the managers who ordered trains that rely solely on electro-mechanical ventilation.

Until that time major disruptive incidents - albeit not as common as people seem to believe - will occur from time to time. Like the major closures of Motorways little can be done to mitigate them without fairly major expenditure which would have to be recovered.

They will always happen no matter how much money is spent on them, it is how you handle things that go wrong that separates good managers from bad ones.
 

Minilad

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Rubbish ! In similar circumstances I know I would take the same action. After two hours the stranded passengers had had enough. The reputation of the TOC's goes a long way in explaining why they evacuated.

So are you saying if it had been a TOC with a better reputation they would have stayed put ?
 

Captain Chaos

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Rubbish ! In similar circumstances I know I would take the same action. After two hours the stranded passengers had had enough. The reputation of the TOC's goes a long way in explaining why they evacuated.

If you were on my train and did not even have the decency and common courtesy to inform me of what you are about to do so as I can put the correct procedures in place to ensure it is done safely then I can assure you that I would take great pleasure in assisting the police in your conviction.
 

Pyreneenguy

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Sorry, you've lost me. Is this yet another diversion to try and distract us from the fact you can't answer a straight question?
Their predicament didn't leave space for examining all the results that their action would produce.

I've very clearly answered your question. You simply cannot accept that human-nature would lead to a forced evacuation.
--- old post above --- --- new post below ---
If you were on my train and did not even have the decency and common courtesy to inform me of what you are about to do so as I can put the correct procedures in place to ensure it is done safely then I can assure you that I would take great pleasure in assisting the police in your conviction.

For all we know, the guard/ driver might have been informed.
--- old post above --- --- new post below ---
So are you saying if it had been a TOC with a better reputation they would have stayed put ?

Had it been a Virgin Pendolino............perhaps ! As it was Southeastern commuter service, need I say more ?
 
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Captain Chaos

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Really, are you so dumb that you cannot appreciate the situation that these poor travellers found themselves ? Their predicament didn't leave space for examining all the results that their action would produce.

I've very clearly answered your question. You simply cannot accept that human-nature would lead to a forced evacuation.
--- old post above --- --- new post below ---


For all we know, the guard/ driver might have been informed.

Really? Are you saying that people cannot figure out what happens when you jump down onto the tracks? That people are unable to figure out what could happen if you do so?
 

Pyreneenguy

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Really? Are you saying that people cannot figure out what happens when you jump down onto the tracks? That people are unable to figure out what could happen if you do so?


As regards the physical dangers, of course people are aware of them. Concerning the delay to other services, I doubt if this would enter into the equation.
 

Captain Chaos

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Had it been a Virgin Pendolino............perhaps ! As it was Southeastern commuter service, need I say more ?

LOL!

So it happened because it was a Southeastern service? And it wouldn't have happened on some other TOC's because of their reputation even if the circumstances were exactly the same?

What a load of rubbish.

Ladies and gentleman please do not feed the troll.
 

Pyreneenguy

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LOL!

So it happened because it was a Southeastern service? And it wouldn't have happened on some other TOC's because of their reputation even if the circumstances were exactly the same?

What a load of bollocks.

Ladies and gentleman please do not feed the troll.


It probably happened because the regular travellers knew exactly where they where, that they could join a nearby station in minutes instead of stewing in an overheated carriage for a period of time that was already excessive !

I rest my case !
 

OxtedL

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Are we still hashing this out?! I thought we had already concluded that:
1) Evacuation is a nightmare and will probably create more problems than it solves and
2) Commuters on a stranded train don't really know/care about this, and will probably evacuate anyway.

If that's not a complete summary of 50 posts of pointless argument...
 

coupwotcoup

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I can recollect being on a train that was stuck in the tunnel between Cerbere and Portbou on the Spanish border a few years back and within ten minutes we were being pushed into Portbou station.
 

Surreytraveller

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If I could get home quicker by forcing my way out, then I would. In London, you are not going to be far from a bus stop, so forcing my way out onto a local bus route would be my preferred option rather than leaving myself at the mercy of a train company. If that means endangering myself, risking a row with the BTP or causing further delay to others, then so be it. It is the fault of the train company / infrastructure company for not dealing quickly enough with the incident.
 

EM2

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It probably happened because the regular travellers knew exactly where they where, that they could join a nearby station in minutes instead of stewing in an overheated carriage for a period of time that was already excessive !

I rest my case !
Regular travellers would also know that there are other services halted in the area, and that them illegally evacuating would cause the power to be cut, therefore standing the passengers on those other services for longer.

Shoe on the other foot for a moment.
You decide NOT to evacuate. Your driver comes on the PA to tell you that the power has been cut, because of an illegal evacuation futher up the line.
Later, you find out someone you know was one of the people that evacuated illegally.
What's your response? Do you say 'Oh, I quite understand why you did that. Never mind that I wa stuck on my train for another hour, in sweltering heat with no air con or water' or are you much less polite and tell him in no uncertain terms what a complete and utter idiot he's been?
 

Pyreneenguy

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Regular travellers would also know that there are other services halted in the area, and that them illegally evacuating would cause the power to be cut, therefore standing the passengers on those other services for longer.

Shoe on the other foot for a moment.
You decide NOT to evacuate. Your driver comes on the PA to tell you that the power has been cut, because of an illegal evacuation futher up the line.
Later, you find out someone you know was one of the people that evacuated illegally.
What's your response? Do you say 'Oh, I quite understand why you did that. Never mind that I wa stuck on my train for another hour, in sweltering heat with no air con or water' or are you much less polite and tell him in no uncertain terms what a complete and utter idiot he's been?

Things are never so clear-cut. After two hours of waiting, I consider their actions were justified.
 
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