Passenger Track Access Contract


This Page was last updated on 8 December 2014


Part 6.   Operation and Maintenance of Trains and Network


6.3 Safety


Rule, clause or Condition


Date of Hearing

Points made within Determination  (Verbatim extracts given in Italics, or between quotes)

6.3 Safety


Oct 2014

“although at first sight the requirement in the [Track Access contract] for each party to comply with ‘all applicable obligations’ may seem onerous, this must be interpreted to reflect the way in which safety law is enforced on the Network.”


A Safety Management System (“SMS”) “must include: ‘procedures to ensure that accidents, incidents, near misses and other dangerous occurrences are reported, investigated and analysed and that necessary preventative measures are taken’.”  ….”Schedule 1 to ROGS [Railways and Other Guided Transport Systems (Safety) Regulations 2006] deals with SMSs and Article 2 sets out the basic requirements of an SMS.  The section quoted above appears at 2(f)(ii).  In my judgment this duty must be conducted honestly and transparently, sharing information with other industry parties where appropriate.  Even if this were not the case, the power in [the Track Access Contract] for either Party to make reasonable requests of the other relating to Safety Obligations is relevant”.


“Clearly the first duty on the Parties is to discuss any safety concerns with the other, whether these concerns arise from day-to-day operations on the Network or … from a specific incident.


“parties to [Track Access Contracts] who must inevitably hold a Safety Certificate or Authorisation - should be familiar with the duties placed on them in their [Track Access Contract], especially those relating to safety.”

ADA20, paras. 5.1.2, 5.1.9, 5.1.10, 5.12.3