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HSE Guidance on Overcrowed Trains

Passengers' concerns about overcrowding are the most common complaint received by HSE, particularly (but not exclusively) about commuter trains in the South East.

Overcrowding can be inconvenient, uncomfortable and lead to unpleasant traveling conditions, especially when passengers must stand very close together. Unfortunately, such experiences are not uncommon and are primarily related to poor quality of service issues caused by an imbalance between passenger demand and the ability of the railway industry to supply a service, made worse by train, signal and track problems on a congested rail network.

The Strategic Rail Authority (SRA) monitors overcrowding and penalises train operating companies who run short trains, late trains and trains that do not meet the agreed timetable.

Commuter train operators are required to carry out passenger counts to demonstrate that adequate capacity is provided to accommodate the passengers expected throughout the morning and evening peak periods. This ensures that franchise operators properly address the issue of capacity requirements in peak periods, whilst accepting the reality that this is a walk-on service and forecasting demand in advance is not an exact science. Train operators must agree with the SRA a timetable and train plan, showing the proposed allocation of rolling stock to services, as necessary to comply with a contractual limit on overcrowding over the next year and subsequently throughout the franchise term. They are then subject to financial penalties whenever they provide less then the agreed capacity. Where an operator of a London commuter train service exceeds levels of train crowding specified in the franchise contract, the SRA can require the operator to produce an action plan for providing more capacity and alleviating overcrowding.

The health and safety risks that arise to passengers because of overcrowding are normally very low, but there are some areas where HSE has concerns and is involved. These include overcrowding:

- in emergency evacuation;
- on platforms and stations;
- on underground routes in hot weather; and
- incidences where luggage blocks aisles and doors
- In emergency evacuation

Firstly, it should be noted that in most instances it is safer for passengers to stay on board a train after an accident rather than get out. This is because of the presence of other trains and ?live? tracks.

HSE has published free guidance ?emergency evacuation and escape following the recommendations of Lord Cullens? Public Inquiry into the Ladbroke Grove crash.

The procedures for effectively managing emergency evacuation are also recorded in each Train Operating Company?s safety case, which must be accepted by HSE before companies can operate.

On platforms and stations

Station operators? safety cases include strategic and day-to-day management procedures for dealing with crowded platforms. These usually involve station managers taking specific action to control access to the platform when necessary to regulate overcrowding.

On underground routes in hot weather

Rolling stock and infrastructure failures in deep tunnels can cause more specific health concerns because of the increased temperatures and reduced ventilation that may be encountered by passengers on delayed and overcrowded carriages, especially during summer months. In such cases health and safety law requires employers to put arrangements in place to reduce the risks.

Incidences where luggage blocks aisles and doors

Excess luggage blocking evacuation routes, as well as inhibiting normal passenger and train staff movements through the train are of concern to HSE. It is the responsibility of the Train Operating Companies to reduce the risks arising from luggage blocking aisles and doors.

The Rail Passengers Council (RPC)

The Rail Passengers Council (RPC) was set up under the Railways Act 1993 to protect the interests of users of the services and facilities provided on Britain's rail network. RPC pursue passenger complaints on issues, such as overcrowding, fares and punctuality. Their address is Rail Passengers Council, National Director, Whittles House, 14 Pentonville Road, London N1 9HF, telephone 020 7713 2700.

Safety measures

There is no legal limit on the number of passengers that can travel in any given train coach. In this, trains differ from other modes of transport ? most notably buses and aeroplanes. The heavy engineering involved, means that trains are designed to operate effectively and safely even when they are fully loaded to maximum capacity. The numbers of passengers on-board does not affect a train?s operating performance or its structural integrity. Other transport modes limit passenger numbers because of operational stability problems.

Although train incidents are relatively rare, it is true that the more heavily laden a train, the greater the number of passengers who are likely to be at risk in the event of an incident. The public inquiry led by Anthony Hidden QC into the Clapham Junction accident in 1988 and HSE?s investigation into the Cannon Street buffer-stop collision in 1991 considered the effect of overcrowding on passengers during a collision. They concluded that while overcrowding had led to increased numbers of injuries, simply because of the increased numbers of passengers involved, overcrowding itself did not contribute to the severity of the incident or injuries received. This was confirmed by research commissioned in 1999.

More about law and standards

HSE?s overall approach to overcrowding, in line with the other industries it regulates, is to ensure that those responsible manage risks to the health and safety of employees and non-employees (including passengers) ?so far as is reasonably practicable? as required by the Health and Safety at Work Act 1974 etc. This requires employers to make a judgement that balances the scale and the severity of a risk against the cost of control (in terms of time, effort and money). If the cost are grossly disproportionate to the risks posed then the control measures is considered not to be reasonably practicable.

The other key pieces of legislation are the

Railways and Other Transport Systems (Approved Works, Plant and Equipment) Regulations 1994 and
Railway Safety Case Regulation, 2000

HSE believes that current health and safety framework is proportionate to the risk posed by overcrowding. It does not believe that there is sufficient evidence or grounds for introducing new legislation to control overcrowding because of health and safety risks. The SRA through its contractual arrangements with train operating companies (on trains and stations) and infrastructure controllers (at key stations) are better placed to take measures to tackle the causes and consequences of overcrowding as they relate to passenger comfort and well-being.

However, HSE continues to review the available evidence on links between overcrowded trains and ill health effects on passengers. In addition, it requires Train Operating Companies (TOCs) and Network Rail to take action to manage risks associated with emergency evacuation; overcrowding on station platforms; underground routes in hot weather; the design of rolling stock, and the management of train and infrastructure failures. HSE is also engaged in a working group led by the Rail Safety and Standards Board (RSSB), the rail industry?s own safety body, which is looking into the effects resulting from overcrowding on trains.