Guidance for Heritage, Tourism and Minor Railway Operators

Background

In the case of heritage railways, the rolling stock and other equipment used on these systems is original and is of historic value. They aim to replicate both the look and operating practices of historic former railway operating companies.

In Northern Ireland there are several heritage and tourism railways in operation:

• Peatlands Country Park Railway;
• The Downpatrick and Co Down Railway;
• The Giants Causeway Railway; and
• The Railway Preservation Society of Ireland (RPSI)

Minor Railways

These are minor railway systems used in conjunction with a local business for the purposes of that business.

Both heritage, tourism and minor railways fall within the remit of the Rail Safety Authority where the operational gauge is more than 350mm wide.

A minor railway system is used across a number of sites as part of the business operation by the Bulrush Horticulture Ltd.

Most of these railways are privately owned and range in size and scope of operation and are separate from the mainline railway except for the RPSI who can operate by arrangement on the Northern Ireland mainline network. All are vertically integrated businesses, meaning that they both manage the infrastructure and operate the trains.

Peatlands Country Park Railway falls within the remit of the Department of Agriculture, Environment and Rural Affairs as part of the management of country parks.

Role of the Rail Safety Authority (RSA)

The Department for Infrastructure has the legal function for the Transport sector including railways and this includes oversight and certification of railways and railway safety. The Rail Safety Authority (RSA), made up of officials within the Department deliver these functions in relation to the railway operations, infrastructure, legislation and safety, including heritage and tourism railways.

The RSA have memoranda of understanding in place with the Office of Rail and Road (ORR) and the Health and Safety Executive Northern Ireland for the provision of technical and professional advice as required in order to deliver the functions of the Rail Safety Authority.

Key Issues

The following are key areas of interest to minor and heritage or tourism rail:

Leadership and governance

Inspection and maintenance of-:

• Permanent way
• Traction and rolling stock, hazardous materials
• Structures
• Competence management systems generally with particular focus on operating staff (including drivers, firemen, guards, dispatchers, signallers) and those in the safety critical engineering maintenance roles (including traction and rolling stock, permanent way and signal engineering)
• Rule book
• Workshops
• Level crossings

Health and Safety

In common with any other business, heritage, tourism and minor railways need to comply with the Health and Safety at Work Act (Northern Ireland) 1978. (see link below)

• Health and Safety at Work (Northern Ireland) Order 1978 (legislation.gov.uk)

The Department acting as the RSA under the Rail Safety Act (Northern Ireland) 2002, (the 2002 Act) has in relation to Rail Safety, has access to the powers and functions under Part II of the Health and Safety Act (Northern Ireland) 1978, (see link to the 2002 Act below) –

• Railway Safety Act (Northern Ireland) 2002 (legislation.gov.uk)

The RSA has Memoranda of Understanding in place with –

1. The Health and Safety Executive Northern Ireland (HSENI)
2. The Office of Rail and Road (ORR)

These arrangements allow the RSA to call on the respective expertise and technical advice of these parties in the consideration of the operational and technical matters of rail safety when considering the licensing of the heritage and tourism railways.

Accident / Incident  Reporting

Any incidents or accidents on heritage or tourism railways must be reported to the RSA and to the HSENI.

Licenses and Risk Assessments

Each operator must apply for a licence to run and operate a railway under Section 27 of the Regulation of Railways Act 1868. (see link below) -

• Regulation of Railways Act 1868 (legislation.gov.uk)

The application form for such a licence is available on the Department website in the Rail Safety Section or via the link below:

• Licence Application to Construct and Work a Light Railway

The documents required to support the application are –

• maps showing the location and operational areas for the railway;
• the respective insurance documentation for the operation of the railway; and
• the safety management systems (SMS) currently in place

Inspection Visits

The RSA will as part of the consideration of the application may arrange to carry out an inspection visit to the respective railway site(s) and in conjunction with officials from HSENI and if required officials from ORR. Following this any issues arising on any safety matters will be raised and recommendations made where necessary for improvements or any remedial work as necessary.

When such matters have been resolved then the RSA will issue the renewed licence to the operator. The licence will be in place for a period of 5 years.

The RSA can arrange to visit the respective railways during the licensing period to review any safety issues as required.

The RSA will write to the respective operators towards the expiry date of the current licences and put in place the necessary arrangements for the renewal process.