Network Rail fined £6.7m after admitting health and safety failings over Stonehaven train crash that killed three in 2020

8 September 2023, 12:38

Network Rail has admitted health and safety failings over a rail crash that claimed three lives.
Network Rail has admitted health and safety failings over a rail crash that claimed three lives. Picture: Alamy

By Emma Soteriou

Network Rail has been fined £6.7 million after admitting health and safety failings led to a rail crash that claimed three lives.

Listen to this article

Loading audio...

Train driver Brett McCullough, 45, conductor Donald Dinnie, 58, and passenger Christopher Stuchbury, 62, died in the derailment near Stonehaven, Aberdeenshire, on August 12, 2020.

At the High Court in Aberdeen on Thursday, the company admitted a charge covering the period from May 1, 2011 to August 12, 2020.

It admitted failing to ensure, so far as was reasonably practical, that railway workers not in its employment and members of the public travelling by train were not exposed to the "risk of serious injury and death from train derailment" as a result of failures in the construction, inspection and maintenance of drainage assets and in adverse and extreme weather planning.

The charge states that in particular, Network Rail failed to ensure, so far as was reasonably practicable, that a drainage asset located off-track of the Dundee to Aberdeen railway line near Stonehaven, constructed by Carillion between May 1, 2011 and December 31, 2012, was "constructed properly" and in accordance with the design drawings.

The charge also says Network Rail failed to conduct a handover meeting with the contractors to check the drainage asset had been properly constructed and built in accordance with the design.

Sentencing Network Rail on Friday, Judge Lord Matthews reduced the fine from £10 million due to the guilty plea.

Read more: Stretch of M20 motorway heading towards ports shut down as manhunt for escaped terror suspect continues

Read more: US to send controversial uranium tank shells to Ukraine as part of $1bn package

Minute's silence held for Stonehaven crash victims

Network Rail also admitted it did not have an adequate system of training and quality assurance in place in relation to the analysis of weather forecasts, which resulted in no emergency extreme weather action teleconference being held on the morning of August 12.

Court documents outline how there was a forecast of "extreme rainfall" and reports of severe weather, landslips and flooding in Aberdeenshire and the surrounding area on the day of the crash.

The charge states Network Rail failed to impose an emergency speed restriction "in absence of current information about the integrity of the railway line and drainage assets between Montrose and Stonehaven", and failed to inform the driver that it was unsafe to drive the train at a speed of 75mph or caution him to reduce his speed.

The charge outlines how the drainage asset which had not been properly constructed failed, gravel was washed out from the drainage trench and on to the railway track, which the train struck, causing it to derail, decouple and strike a bridge parapet.

As well as the three deaths, a further six people were injured in the crash.

Network Rail admitted breaching two sections of the Health and Safety at Work etc Act 1974.

The company said it is determined to build upon the "significant changes" it has made since the incident, which have "helped us to manage the risk of severe weather to the network", and it has invested millions to improve the resilience of the railway.

More Latest News

See more More Latest News

The front pages of assorted various welsh local national and regional newspapers, wales UK

Government urged to set up £50 million a year fund for local news

Exclusive
Lucy Frazer says the BBC has questions to be answered over its new documentary Gaza: How to Survive a Warzone

'Questions to answer': Former Culture Sec says BBC should take down Gaza documentary and investigate

Steven Clark

Man, 50, found guilty of murdering elderly partner, 80, found dead in retirement housing complex

A Polish woman claiming to be missing girl Madeleine McCann has been arrested on arrival to the UK

Polish woman claiming to be Madeleine McCann arrested on arrival to the UK

British Prime Minister Keir Starmer Meets With President Of Ukraine Volodymyr Zelensky In Washington

Starmer shows support for 'democratically elected' Zelenskyy after Trump 'dictator' comments

The studio flat offers a "mezzanine level" bedroom above the kitchen

Fury as London studio flat with 'mezzanine level' bedroom centimetres above kitchen goes on sale for measly £200k

Shah Rahman

Terrorist jailed for plotting to bomb London Stock Exchange in 2012 can be re-released from prison after Parole Board ruling

Seat backs and rows of passenger seats / seating on a BA Airbus A321 plane / airplane / aeroplane / air plane during flight. (133)

Plane passenger reveals how woman who stole his window seat was handed instant karma

The BBC has been accused of "blindly spouting propaganda" over the documentary

Israel makes official complaint as pressure mounts on BBC to address Gaza documentary row

Mr White took his own life after the heist.

Getaway car ‘fixer' found guilty of plotting £1.38m watch robbery that led shop manager to take his own life

The 56-year-old was arrested and charged with attempted burglary.

Burglar jailed after falling for 'Home Alone' style trap

Raducanu was seen wiping away her tears

Emma Raducanu breaks silence after 'fixated man' who followed her to game brings tennis star to tears

Donald Trump has branded Zelenskyy a "dictator."

Trump labels Zelenskyy a ‘dictator,' says he owes US billions and only wants to keep the ‘gravy train’ going

Eating cheese

Eating cheese and having an open fire are factors to living a long life, study shows

Russia's President Vladimir Putin said thousands of troops have crossed the Kursk border into Ukrainian territory.

Thousands of troops storm into Ukraine in fresh attack, Russia claims as Putin insists he’s ready for talks with Zelesnkyy

'Zombie knives' at a secure police location in Birmingham.

Police chief slams sale of knives for £10 in online ‘mystery boxes’