The Court Case Result
In Stirling sheriff court, on the 26th of April 2016, it was confirmed that coal freight movements had stopped and would not resume. As a result, Stirling Council withdrew the statutory nuisance abatement order served on DB Shenker and Freightliner in December 2015. There was no longer any need for them to appeal.
Why the Shaking Stopped
The noise and vibration of the coal freight wagons was sufficient to damage the glass canopies in Stirling station, according to a Network Rail spokesperson. Rail chiefs said this station was being damaged by freight(see news report) . Network Rail managers showed little sign of concern that the physical pollutants that were damaging their own infrastructure were undermining the health and sleep of those living next to the line.
The coal freight came to an end. It might seem, at a glance, like an amicable agreement had been reached, but all is not as it seems.
An Important Day in Railway Legal History
On the 15th of March 2016, in Stirling Sheriff Court, two rail haulage companies, DB Shenker and Freightliner, will be appealing against an abatement order served by Stirling Council.
Whilst Stirling Council are attempting to protect the health of the general public by stopping noise and vibration at high levels during the night, the freight haulage companies, are expected to argue that UK law and ‘statutory authority’ gives them the right to run their operations (and thus pollute UK residents regardless of impact) without regulation or restriction.
The Lack of Responsibility Within UK Rail.
Context: NVAG Posted an Article on Railways’s 3Rs, Roles, Regulations an Responsibilities an article that concluded with an open letter to Richard Price, CEO of the Office of Rail Regulation.
Richard Price, CEO of ORR, Responded as Follows (also available as a PDF file from ORR’s website):
Dear Mr McIver,
6 February 2015
SUSTAINABILITY, NOISE AND VIBRATION
Thank you for your open letter of 21 January regarding noise and vibration
from railway operations.
As well as having led work on the economics of sustainable development, I
live next to the railway myself, so I fully understand your concerns and the
importance of this issue. It really matters, and affects the quality of people’s
lives. I also recognise that the legal framework for the oversight and
enforcement of noise and vibration levels on the railways is not
straightforward – so let me try to set out the different responsibilities clearly.
The Office of rail regulation responded to this article as follows.
‘Thanks for your letter and blog post: understand your points and will reply soon.@railregulation‘
The response will be posted on NVAG. END OF UPDATE
Roles- Who Regulates Noise Pollution& Vibration Emitted by UK Railways?
Is it Richard Price, CEO of the UK Office of Rail Regulation? Or the team of ORR executive directors listed here.
Corporate social responsibility (CSR), and sustainability are high profile for any organization of good standing. For a publicly-funded body, a body responsible to government and public, a body that regulates national infrastructure, one would have thought CSR and sustainability would be the bread and butter of what they do. On the basis that ORR and the rail operators should act in a socially responsible manner, have a look at this ORR infographic of Network Rail targets for 2019 (this graphic was produced by ORR, not NVAG).
Anything Missing ?
There’s plenty in the infographic on increasing capacity, improving the network, reliable trains, maintenance, cutting costs . . . but what about CSR and sustainability?
After the Damning Report on Rail Noise & Vibration . . .
Network Rail have been sent a copy of the report that documents the high night rail noise and vibration levels recorded by consultants, Sandy Brown Associates. The report concludes that such exposure constitutes a statutory nuisance.
Network Rail run the UK rail network and claim in their sustainability policy that they manage noise and vibration. Currently their management system has seen night noise one metre outside bedroom windows reach levels eight times louder than the maximum advised by the World Health Organization.
Perhaps change is in the air.
Video of Freight Noise . This link takes you to a YouTube video of noise pollution from a DB Bahn owned freight train
Noise and Vibration Source. DB Bahn owned (DB Shenker UK) freight trains are causing high levels of noise pollution-up to 90dBLamax-and vibration for elderly and infirm residents. Further along the line, children are being shaken awake during the night.
The Railway Line
This UK line is six years old and is maintained and run by Network Rail. According to the UK environment agency, DEFRA, Network Rail manage the noise and vibration levels.
The People Exposed
On the left hand side of this video, immediately on the other side of the crossing, lies Sheltered housing. Many residents are in their 80s. This is not an isolated situation. It occurs day and night and impacts residents young and old right along the line.
We are emailing Deutsche Bahn
DB Environment Center, Berlin, Germany, a link to this video and asking them how they propose to address this issue. DB Bahn say they have high environmental standards.
DB Bahn Response
We will post their response to this problem in a subsequent post.