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Recovery Guidance - Infrastructure Issues

Transport

Background and Context

Emergencies, such as the widespread flooding in June and July 2007, have highlighted the need for effective co-ordination and communication between local responders and transport providers to ensure effective recovery within the transport sector should the need arise.

Restoration of significantly damaged services can take a considerable period of time (weeks, months, or even years in some instances), and responders and transport providers need to work together to provide support to the affected communities. However, the restoration of transport services should been seen as an important step in the return to normality after an emergency. Critical to this is a joint understanding of how long services will take to restore, and in which order services will be restored.

Roles and Responsibilities

British Transport Police

BTP is the specialist national police force responsible for policing the railways. In addition to policing national rail, the force also have responsibility for the London Underground, Docklands Light Railway, the Glasgow subway, Midland Metro and Croydon Tramlink. BTP also police Eurostar international services. The Chief Constable is responsible to the British Transport Policy Authority whose members are appointed by the Secretary of State for Transport.

Passenger Transport Executives (PTE)

A Passenger Transport Exeutive is designed to provide a single integrated public transport network. A PTE works with local authorities and Government to set strategies affecting rail, road, bus and othe public transport services within their area. Funding is provided from local council tax payers and national Government grants. There are currently PTEs in Greater Manchester, Merseyside, South Yorkshire, Tyne & Wear, West Midlands and West Yorkshire.

Transport for London (TfL)

TfL is the strategic body, created under the 1999 Greater London Authority Act to operate, manage and co-ordinate London's strategic transport assets. This covers the:

Transport for London reports to the Mayor who sets London's Transport policy and strategy (covering service provision, safety and security, fares). In addition to fare box revenue, funding is provide via London's Council Tax payers, prudential borrowing (within agreed Treasury limits) and Transport Grant from Central Government (DfT).

In the event of any emergency, the relevant TfL business will take charge of the services to direct the response and recovery of its contracted operators and other contractors, using the Gold/Silver/Bronze protocols and will work closely with the Emergency Services and other London responders as described in London's Command and Control protocols.

For larger scale emergencies, TfL corporate will co-ordinate the response across its various businesses and attend with representatives from these businesses any Strategic Co-ordination Centre (SCC) established by the Police. TfL (and its business) will link directly to the DfT's Incident Response. TfL (and affected businesses) will be represented on any pan-London recovery management group.

Railways – Great Britain

Network Rail run, maintain and develop Britain's tracks, signaling system, rail bridges, tunnels, level crossings, viaducts and 17 key stations. The remaining stations are managed by one of the licensed Train Operating Companies (TOCs). Under the Railway and Other Guidance Transport Systems (ROGS) regulations, there is a duty of co-operation between Network Rail and Train Operators.

Network Rail will assume command and control responsibilities for the network in the event of serious disruption. They (along with the affected TOCs) will make decisions on which trains to run and routes which can be served. Network Rail will appoint a Rail Incident Officer (RIO) for serious incidents, ie. derailments, collisions, fatalities, etc. Likewise, Train Operators will appoint a Train Operations Liaison Officer (TOLO). The TOLO is the lead person on-site for the TOC involved and will liaise with the emergency services and Network Rail. Network Rail (and the TOCs as necessary) will be represented at Strategic Co-ordinating Groups and Recovery Co-ordinating Groups as necessary. Network Rail would carry out any repairs to the infrastructure following an emergency.

The independent safety regulator for the railway is the Office of Rail Regulation (ORR). Inspection and enforcement of rail safety legislation is carried out by Her Majesty's Railway Inspectorate (HMRI), which became part of the ORR on 1 April 2006.

Rail Accident Investigation Branch

The Rail Accident Investigation Branch (RAIB) is the independent railway accident investigation organisation for the UK. The purpose of an RAIB investigation is to improve the safety of railways, and to prevent further accidents from occurring. The RAIB achieves this by identifying the causes of accidents and other aspects that made the outcome worse. The RAIB does not apportion blame or liability nor enforce law or carry out prosecutions.

Rail Incident Care Teams

The TOCs have in place Rail Incident Care Teams (RICTs) who would be deployed following an emergency to provide emotional and practical support (including financial) to those directly affected. This includes survivors, their friends and families and those bereaved. Team members are all volunteers from the TOCs who have also been through a selection process to ensure their suitability for the role – in terms of motivation as well as psychological and practical suitability. All have also received (identical) specialist training designed to prepare and equip them for the role.

Channel Tunnel

Eurostar is the high-speed rail service directly linking the UK to France and Belgium via the Channel Tunnel. It started operating in 1994, providing city centre to city centre services. Eurostar will launch services from its new London terminal, St. Pancras International, on 14th November 2007 with the completion of the second section of the UK's first high-speed line. Services to / from Waterloo International will end on 13th November 2007.

In view of the clear need for a coherent Anglo-French approach to the regulation of the tunnel, an Intergovernmental Commission (IGC) was formed to supervise, in the name and on behalf of the two Governments, all matters concerning the construction and operation of the tunnel.

The Strategic Road Network – England

The strategic road network is managed, maintained and operated by the Highways Agency, an Executive Agency of the Department for Transport.

In the recovery phase, the Highways Agency is able to assist in a number of ways including:

Local Roads – England

Responsibility for the management and maintenance of local roads in England falls to the relevant local highways authority. This includes non-trunk A roads as well as “B” and “C” roads and a small number of short motorway standard “A” roads in major urban areas. A local highway authority is either a County Council, a Metropolitan Council, a unitary authority, or Transport for London.

Maritime – UK

Harbour Masters have principal operational responsibility for the safety of navigation in a harbour.

Maritime pollution and salvage in UK waters is the responsibility of the Maritime and Coastguard Agency (MCA) and, in practice, is delegated to the Secretary of State's Representative (SOSREP). SOSREP, on behalf of the Secretary of State, is able to oversee, control and, if necessary, intervene and exercise “ultimate command and control” acting in the over-riding interest of the UK in salvage operations within UK waters where there is significant risk of pollution. The MCA is also responsible for the activities of HM Coastguard and for UK Search & Rescue.

Receiver of Wreck

The following is general background information only and is not a definitive list of the rights or responsibilities of Salvors.

The main task of the Receiver of Wreck is to processes incoming reports of wreck, in the interest of both salvor and owner. The function of the Receiver of Wreck is carried out by the Maritime & Coastguard Agency (MCA) which is an executive agency of the Department for Transport.

The relevant legislation covering this area includes:

Wreck is defined in section 255 of the Merchant Shipping Act 1995 as including "jetsam, flotsam, lagan and derelict found in or on the shores of the sea or any tidal water":

Any wreck material found in UK territorial waters (to a 12 mile limit), or outside the UK and brought within UK territorial waters must by law be reported to the Receiver of Wreck.

Finders should assume that all recovered wreck has an owner. It may, for instance, be owned by an individual, a company, a dive club, an insurance company, the Ministry of Defence (MOD) or the Department for Transport (DfT). The owner has one year in which to come forward and prove title to the property and, during this time, the finder may be asked to hold the wreck on indemnity to the Receiver of Wreck.

A salvor has to be seen as providing a service to the owner which will benefit the owner financially; individuals should not simply pick up or remove items and assume they are acting as "salvors". If an intending salvor is at all unsure about this they are advised to contact the appropriate authorities before commencing salvage operations. A salvor acting properly under the law is entitled to a salvage award.

On recovering wreck material, the finder should declare it promptly (where possible within 28 days) to the Receiver of Wreck giving a description of the wreck and will usually be asked to hold it to the Receiver's order. Report of Wreck and Salvage Forms[External PDF] are available directly from the Receiver of Wreck and from your local Coastguard station. Forms can also be downloaded from the MCA website[External PDF].

Once the form has been completed, it should be returned to the Receiver of Wreck office. Once a report has been received, the Receiver of Wreck will investigate ownership of the wreck items. If wreck material recovered from UK waters is unclaimed at the end of the statutory one year period, it generally becomes the property of the Crown, and the Receiver is required to dispose of it.

The Receiver will investigate any report of possible offences regarding the treatment of wreck. If the investigation reveals sufficient evidence, the Receiver may prosecute those suspected of having committed an offence. The Receiver shares information with other prosecuting authorities, for instance, when offences come to light in relation to the Theft Act 1968 or the Firearms Act 1968.

Marine Accident Investigation Branch

The Marine Accident Investigation Branch, part of the Department for Transport, examines and investigates all types of marine accidents to, or on board, UK ships worldwide and other ships in UK territorial waters.

Aviation – UK

The Department for Transport is able to establish Emergency Restrictions of Flying (Air Exclusion Zones) during the response and recovery phase of an emergency if these can be justified. There are well established procedures for seeking such restrictions, and these processes are known to all UK police forces and a small number of other authorised agencies.

Air Accidents Investigation Branch

The investigation of civil aircraft accidents and serious emergencies in the UK is the responsibilty of the Air Accidents Investigation Branch (AAIB) which is part of DfT. As with the other investigation branches, the primary aim of the AAIB is to make safety recommendations where needed and not to apportion blame or liability.

The Air Accidents Investigation Branch have produced a booklet Aircraft Accidents: Guidance for the Police and Emergency Services[External PDF] to assist those personnel in better understanding the essential processes that need to be followed in the aftermath of an aircraft accident. Additionally, it details some of the hazards that may exist at aircraft accident sites.

Lead Government Department

The Department for Transport has the following Lead Government Department responsibilities:

Devolved Administrations

Wales – Railways

On April 1st 2006, responsibility for the Wales and Borders Rail Franchise was passed from the Department for Transport in London to the Welsh Assembly Government in Cardiff. The Wales and Borders franchise is operated by Arriva Trains Wales.

As co-signatory to the Franchise with the Secretary of State, the Welsh Assembly Government, through Transport Wales, is responsible for the financial and performance management of passenger services covered by the agreement and any enhancements to it.

Network Rail is responsible for maintaining and operating the railway in steady state condition. The Assembly Government is working in partnership with Network Rail to fund enhancements to the railway infrastructure.

The Welsh Assembly Government's Rail Unit was established in April 2006 to take forward new powers delegated to the Assembly Government following the Railways Act 2005.

Wales – The Strategic Road Network

Transport Wales plays a similar role in Wales to the Highways Agency in England. It looks after 75 miles of motorway and over 1000 miles of trunk road in Wales. It is responsible for the production of statutory Orders and related statutory procedures required for improving and maintaining the trunk road and motorway network and stopping up of highways for local development.

Transport Wales is responsible for the programme for the improvement of the trunk road and motorway system and other selected transport projects with new construction and improvement schemes carried out through the employment of consulting engineers, agent authorities and contractors.

Scotland – The Strategic Road Network

Transport Scotland is responsible for the management and maintenance of the trunk road network in Scotland.

The trunk road network is managed and maintained by private sector companies (Operating Companies[External website]) who are contracted by Transport Scotland on behalf of the Scottish Executive. They carry out day-to-day inspection, management, maintenance and repairs to the trunk road network under five to seven year contracts. The Scottish trunk road network is separated into four areas: the North West, North East, South West and South East, each area is managed and maintained under a separate contract.

Northern Ireland – The Strategic Road Network

Road Service Northern Ireland is responsible for the management and maintenance of the trunk road network in Northern Ireland.

Other Government Involvement

The Cabinet Office and Regional Resilience Teams may be involved for transport emergencies. Additionally, Defra may be involved if an emergency causes harm to the environment or involves radiation hazards.

Funding

Funding for Local Authorities to repair transport infrastructure after an emergency is covered in the  Financial impact on Local Authorities topic sheet.

Devolved Administrations

Wales

[TBC]

Scotland

[TBC]

Northern Ireland

[TBC]

Links to Other Topic Sheets

Case Studies (Incidents and Exercises)

Other Documents

List of Contacts

Receiver of Wreck
Spring Place
105 Commercial Road
Southampton
SO15 1EG
Tel: 02380 329 474
Fax: 02380 329 477
Email: row@mcga.gov.uk
Website: MCA website[External Website]

DfT can be contacted through the usual industry contacts or through the Regional Resilience Team who will be part of the Recovery Co-ordinating Group.

DfT
www.dft.gov.uk/pgr/security[External website]

Cabinet Office
www.cabinetoffice.gov.uk/security_and_intelligence [External website]

Network Rail
http://www.networkrail.co.uk/[External website]

Transport Scotland
Transport Scotland[External website]

Transport Wales (English)
Transport Wales (English) information[External website]

Transport Wales (Welsh)
Transport Wales (Welsh) information[External website]

Northern Ireland Railways
http://www.nirailways.co.uk/nir.asp [External website]

Association of Train Operating Companies (ATOC)
http://www.atoc.org/[External website]

Office of the Rail Regulator (ORR)
http://www.rail-reg.gov.uk/[External website]

Rail Accident Investigation Brnach (RAIB)
http://www.raib.gov.uk/[External website]

Air Accident Investigation Branch (AAIB)
http://www.aaib.gov.uk/home/index.cfm [External website]

Marine Accident Investigation Branch (MAIB)
http://www.maib.gov.uk/home/index.cfm [External website]

National Rail
http://www.nationalrail.co.uk/[Exterbal website]

Highways Agency
http://www.highways.gov.uk/[External website]

Road Service Northern Ireland
http://www.roadsni.gov.uk/[External website]

Transport for London
http://www.tfl.gov.uk/[External website]