TRAIN PROTECTION AND WARNING SYSTEM: HSE GRANTS EXEMPTION

29 Oct 2003 04:45 PM

The Health and Safety Executive (HSE) has granted Network Rail an exemption from a provision of the Railway Safety Regulations 1999 concerning some fitment of the Train Protection and Warning System (TPWS) as a speed mitigation measure. Instead, Network Rail will bring forward a programme of fitment of TPWS+ that will provide protection against SPADs for trains travelling at higher speeds.

The exemption means Network Rail need not fit TPWS at certain sites on its infrastructure, specifically where permanent speed restrictions (PSRs) are in place at diverging junctions with approach controlled signalling (see Notes to Editors). HSE has accepted Network Rail's case that the risk of trains overspeeding at these junctions is low and is already adequately controlled. HSE also agrees that there will be greater safety benefit in mitigating the risk of SPADs (trains passing red signals) at other locations on the network.

HSE's decision to grant the exemption, which has conditions attached, follows six weeks of public consultation on Network Rail's application. At the start of consultation, HSE said that it was minded to grant the exemption if Network Rail prepared a programme of alternative train protection measures that would provide a greater safety benefit (see press notice E110:03 of 26 June 2003). HSE sought views on this, and no issues were raised during the consultation period that caused HSE to change its position.

The conditions require Network Rail to agree a programme of fitting TPWS+ - an advanced form of TPWS - to other signals on the network, following a risk assessment. Network Rail has already estimated that nearly 500 TPWS+ installations will be involved, which would bring about a significant further reduction in SPAD risk.

Network Rail has also applied for a further exemption under the Railway Safety Regulations 1999 concerning certain temporary speed restrictions (TSRs). HSE has considered the application and, on the basis of this preliminary assessment, is minded to grant a limited exemption for those TSRs that are in place for 6 months only. HSE is also minded to attach conditions requiring an alternative programme of measures to mitigate over-speeding risk at these TSRs. As usual, HSE is undertaking consultation on this matter. HSE will review all comments received and make public its final decision which is expected in December 2003.

Over the last four years, the Railway Safety Regulations 1999 have required an extensive TPWS programme across the rail network. Rail operators will have achieved TPWS fitment at 10,900 out of 28,500 main line signals and 3,000 PSRs by 31 December 2003 and it is widely recognised that TPWS is proving a successful safety measure particularly for reducing SPAD risks on the GB network.

Notes to Editors

1. Regulation 3(1) of the Railway Safety Regulations 1999 requires that "no person shall operate, and no infrastructure controller shall permit the operation of, a train on a railway unless a train protection system is in service in relation to that train and railway." Though this duty is not qualified by the caveat "so far as is reasonably practicable" (unlike most health and safety law), the Regulations' definition of "train protection system" means the system required is TPWS, unless it is reasonably practicable to install full Automatic Train Protection (ATP). The required train protection system must be in service by 1 January 2004. Regulation 6 allows HSE to grant exemptions from any requirement imposed by the Regulations and to attach conditions to them. HSE must also consult "such persons as it considers appropriate" before granting an exemption.

2. TPWS seeks to prevent collisions by providing automatic braking if trains pass red signals without authority (SPAD mitigation), or travel at excessive speed on the approach to signals, buffer stops or speed restrictions (speed mitigation). TPWS+ is a development that extends the range of speeds over which TPWS is effective (typically up to 100 mph) by installing additional speed traps further back from the controlling signal. TPWS+ was not available at the time the Railway Safety Regulations 1999 were made.

3. Network Rail's application for PSRs at diverging junctions with approach controlled signalling relates specifically to those locations where a line branches away at a significant curve from the main line - the 'diverging junction'. Trains need to travel down the diverging junction at a lower speed, so PSRs are put in place and the signals are set to slow down the trains' approach - 'approach controlled signalling'. The train driver controls the speed of the train by observing speed restriction signs and by slowing for the signals.

4. HSE announced it would consult on the application on 26 June 2003, making clear that it was minded to grant the exemption with conditions attached; see
http://www.hse.gov.uk/railways/liveissues/tpwsconsult.htm Responses from consultees were broadly supportive of both granting the exemption and in attaching conditions to it. By accepting the exemption, Network Rail is agreeing to a programme of TPWS+ fitment to a location where a risk assessment demonstrates it is reasonably practicable to do so. HSE also consulted on a condition to the exemption that would have required a programme for fitment of TPWS at plain line signals. However, following consultation, HSE decided that this should be pursued under other health and safety law and fed into the HSE/industry SPAD strategy.

5. Network Rail's application for exemption from the requirement to fit train protection at temporary speed restrictions (TSRs) was received by HSE on 26 September 2003. TSRs are one category of speed restriction on the network and are defined in the Railway Group Standard (GK/RT0038) as 'a speed less than the permissible speed, applied for a preplanned period not normally exceeding 6 months'. However, some TSRs are kept in place for much longer than 6 months. TSRs in place for no longer than 3 months are already exempted from the fitment requirement in the Railway Safety Regulations 1999.

6. Information about train protection systems can be viewed at: http://www.hse.gov.uk/railways/liveissues/tps.htm The full process for seeking exemption from the Railway Safety Regulations 1999 is explained on HSE's website at:
http://www.hse.gov.uk/railways/rollst/index.htm

7. Hard copies of the exemption certificates can be obtained from Mark Apostolou, The Health and Safety Executive, Rose Court, London SE1 9HS. Tel: 0207 717 6167, email mark.apostolou@hse.gsi.gov.uk The certificates can be viewed at:
http://www.hse.gov.uk/railways/rollst/index.htm#apps

8. Copies of replies received to the consultation can be obtained, at a small charge to cover costs, from HSE Information Centre, Room 001, Magdalen House, Stanley Precinct, Bootle, Merseyside L20 3QZ

PUBLIC ENQUIRIES: Call HSE's InfoLine, tel: 08701 545500, or write to: HSE Information Services, Caerphilly Business Park, Caerphilly CF83 3GG.

HSE information and press releases can be accessed on the Internet: http://www.hse.gov.uk

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