DOCUMENTS & OTHER GUIDANCE

It is interesting to note that passenger safety is given a nod in the Virgin Passenger Charter and the National Rail Conditions of Carriage but never defined explicitly.  So, no mention of overcrowding or how this might be defined and responded to.  However, there is, of course, plenty of attention given to defining and dealing with passengers who travel first-class on standard-class tickets.  Clearly a more important issue than passenger safety and defining the obligations due to the passenger by the operator.  Both documents are badly weighted in favour of the operators and against the passengers.

THE VIRGIN PASSENGER CHARTER 2007 (yes this is the most up-to-date version) states:

1.1

‘…our commitment to give you the safe [my bold], high quality service you have the right to expect.’

‘…clean and safe trains…’

1.2

‘…make every reasonable effort to deal effectively with customer problems on the spot.’

2.3

‘We will make every effort to match seats to demand…’

5.0

‘…[Virgin] will do their best to ensure that the service meets and, we hope, surpasses expectations and Passenger’s Charter standards.’

‘…most importantly we promise always to treat all our customers with care and respect.’

NATIONAL RAIL CONDITIONS OF CARRIAGE 2009

(p.16) 39. Travelling in first class accommodation with a standard class ticket If you have a standard class ticket (other than a Season Ticket), no standard class accommodation is available, and ticket staff on that train give their permission [my bold], then you may travel in first class accommodation (or the equivalent) where this is available without extra charge.

On-train ticket staff will not give you permission to use first class accommodation (or the equivalent) unless they are satisfied that it is not required by anyone with a first class ticket and the standard class accommodation on the train is full. This permission may be withdrawn if a person holding a first class ticket requires the accommodation during your journey or standard class accommodation becomes available.

If you have a standard class ticket and you travel in first class accommodation without permission (which includes occupying seats or standing in any part of the carriage), you will have to pay…

OTHER SOURCES

Daily Telegraph Article, 15 Oct 2008

The Department for Transport seems to have some interest in overcrowding, though most of the links are to archive and therefore old resources.  What little I found didn’t answer my questions.

The National Rail Regulator makes no mention of passenger safety in their ‘goals’.

Passenger Focus (an independent public body set up by the Government to protect the interests of passengers) also makes no mention of passenger safety in their ‘goals’.

The Consumer Protection from Unfair Trading Regulations 2008 from the Office Of Public Sector Information (OPSI) prohibit some practices outright, such as misleading advertising and contain a general ban on ‘practices which contravene the requirements of professional diligence’.

The Railways and Other Guided Transport Systems (Safety) Regulations 2006 (ROGS) contain much of the safety regulation for railways and other guided transport modes.

Direct.Gov mentions ‘crowded trains’ in first sentence on page but this is not followed up in any way further on…