REGULATORS are to prosecute Network Rail over the 2007 Cumbrian train crash which left one woman dead and 86 passengers injured.
The Office of Rail Regulation (ORR) said it had started criminal proceedings against the firm for a breach of health and safety law that caused a Virgin Trains London to Glasgow service to derail near Grayrigg.
Passenger Margaret Masson was killed and 86 people were injured, 28 seriously, with earlier investigations as well as an inquest last year concluding that the incident was caused by a poorly maintained set of points.
The company is being charged under section 3(1) of the 1974 Health and Safety at Work Act due to a “failure to provide and implement suitable and sufficient standards, procedures, guidance, training, tools and resources for the inspection and maintenance of fixed stretcher bar points.”
The stretcher bars hold the moveable rails a set distance apart when the points are operated.
ORR railway safety director Ian Prosser said: ``We have conducted a thorough investigation into whether criminal proceedings should be brought in relation to this derailment which caused the death of Mrs Masson and injured 86 people.
“Following the coroner’s inquest into the death of Mrs Masson, I have concluded that there is enough evidence, and that it is in the public interest, to bring criminal proceedings against Network Rail for a serious breach of health and safety law which led to the train derailment.”
The first hearing is due to take place at Lancaster Magistrates’ Court on February 24.
Network Rail network operations managing director Robin Gisby said the Grayrigg derailment was “a terrible event.”
“Network Rail has not hidden from its responsibilities. The company accepted quickly that it was a fault with the infrastructure that caused the accident. We again apologise to Mrs Masson’s family.
“Since the derailment, we have worked closely with the authorities, conducted comprehensive and detailed investigations and made substantial changes to our maintenance regime.”
Last year, NR was fined £3 million at St Albans Crown Court after admitting safety breaches involving a set of points which led to a derailment at Potters Bar in Hertfordshire in May 2002. Seven people were killed.