Firms face prosecution over Potters Bar crash

Proceedings against Network Rail Infrastructure Limited and Jarvis Rail Limited over breaches of health and safety law which caused the Potters Bar derailment are to be taken by the Office of Rail Regulation (ORR). The prosecution is due to start in January 2011.

The prosecutions follow the conclusion of the coroner's inquest and the ORR’s investigation into the derailment at Potters Bar station, Hertfordshire in 2002. Seven people were killed, with many more seriously injured.

Network Rail Infrastructure Limited and Jarvis Rail Limited are facing charges under section 3(1) of the Health and Safety at Work etc. Act 1974 (HSWA). The charges comes about from their failure, as infrastructure controller and maintenance contractor respectively for the national rail network, "to provide and implement suitable and sufficient training, standards, procedures and guidance for the installation, maintenance and inspection of adjustable stretcher bars".

Ian Prosser, director of rail safety at ORR, said he has decided that "there is enough evidence, and it is in the public interest, to prosecute Network Rail and Jarvis Rail for serious health and safety breaches. For the sake of the families involved, we will do all we can to ensure the prosecutions proceed as quickly as possible".

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