O L Leigh - thank you for that useful post.
Yes, I totally agree that risk and trespass are not the same thing.
And yes, the people who gave Chester025 permission to be at the sidings would not have been authorised to do so.
I'm not sure that it is fair to label Chester025 a trespasser though; the word trespasser implies that you are entering a property without permission. (I suppose we could argue all day over the definition of permission, and if someone who is not authorised to give permission gives that permission still makes the person a trespasser or not, but really there'd be no point...)
One of the early complaints put forward in this topic was about the lack of response from BTP. But, given the huge demands on police time, should the police put resources into taking action where people are breaking the law (by trespassing on railway property) but not putting themselves at significant risk, at the expense of another call out where there may be a far bigger risk? (for example on Saturday there were some quite awful scenes at Leicester. I saw loads of BTP there, possibly some brought in from other areas. They had to come from somewhere and there must have been incidents they were unable to attend).
To be honest I totally agree with Old Timer on this issue. And that is why there is a debate over safety. Just because something is illegal does not mean the police can justify attending, and just because the police don't attend doesn't mean they should be criticised for non-attendance.
As for the EU legislation, if the DfT had it's way Grand Central, Hull Trains and WSMR probably wouldn't exist! But EU legislation meant that they had to be granted paths, against the DfT's wishes. I am not totally certain on the legislation regarding charters, but people have claimed that charters can be banned at a whim. I doubt that is the case, and have asked for this claim to be verified. I know that there is EU legislation that means NR cannot refuse open access, I imagine that applies to charters too, I can't find anything to suggest it doesn't. If you know that it doesn't apply, I'd genuinely be interested to hear more!
Yes, I totally agree that risk and trespass are not the same thing.
And yes, the people who gave Chester025 permission to be at the sidings would not have been authorised to do so.
I'm not sure that it is fair to label Chester025 a trespasser though; the word trespasser implies that you are entering a property without permission. (I suppose we could argue all day over the definition of permission, and if someone who is not authorised to give permission gives that permission still makes the person a trespasser or not, but really there'd be no point...)
One of the early complaints put forward in this topic was about the lack of response from BTP. But, given the huge demands on police time, should the police put resources into taking action where people are breaking the law (by trespassing on railway property) but not putting themselves at significant risk, at the expense of another call out where there may be a far bigger risk? (for example on Saturday there were some quite awful scenes at Leicester. I saw loads of BTP there, possibly some brought in from other areas. They had to come from somewhere and there must have been incidents they were unable to attend).
To be honest I totally agree with Old Timer on this issue. And that is why there is a debate over safety. Just because something is illegal does not mean the police can justify attending, and just because the police don't attend doesn't mean they should be criticised for non-attendance.
Well, the issue of safety on roads vs rails is an issue, because people are complaining the police don't deal better with trespass incidents, so the solution would therefore be, as Old Timer says, to raise fares to pay for more BTP. But is that really needed? The roads are far more dangerous, and I think it is a valid concern that rail is becoming too expensive due to the significantly higher safety standards demanded of rail. To some extent, these requirements are of course justified, but sometimes they are taken too far! If taken too far, and costs are allowed to rise, then all that will do is make rail less attractive and put people onto the roads. Ultimately, does that make us safer? No, it doesn't.Thank you O L Leigh for that post. A beacon of sanity!
I've just waded through this entire thread and have been very disappointed by some of the petty arguments about 'who said this/didn't say that', railway trespass versus crossing the road, irrelevant flights of fancy into EU legislation and so on.....
As for the EU legislation, if the DfT had it's way Grand Central, Hull Trains and WSMR probably wouldn't exist! But EU legislation meant that they had to be granted paths, against the DfT's wishes. I am not totally certain on the legislation regarding charters, but people have claimed that charters can be banned at a whim. I doubt that is the case, and have asked for this claim to be verified. I know that there is EU legislation that means NR cannot refuse open access, I imagine that applies to charters too, I can't find anything to suggest it doesn't. If you know that it doesn't apply, I'd genuinely be interested to hear more!