Bridge Examination Fees
Network Rail Infrastructure Limited (“NR”) runs, maintains and develops the railway network infrastructure in England, Scotland and Wales under licence from the Department for Transport. Rail infrastructure includes bridges which either cross the railway line or support it.
As required by The Railways Standards (Safety Case) Regulations 2000 NR prepared a safety case for approval by HM Railway Inspectorate (HMRI). The Safety Case must include particulars of the arrangements in place to deal with accidents or emergencies which could endanger persons, such as a bridge strike or level crossing strike.
As NR’s Safety Case has been approved by HMRI, NR is under an express legal duty to comply with it, in accordance with the Regulations.
Under the terms of the Safety Case whenever a railway structure (such as a railway bridge or level crossing gate/barrier) is struck by a motor vehicle NR must – in the interests of public safety – ensure that the structural integrity of the eg. bridge/ level crossing/ railway has not been compromised so as to pose a risk to rail users and the general public.
Consequently as soon as NR receives notice of an incident all rail traffic is either restricted or stopped from using the section of track involved until: –
- (An initial, and if necessary, detailed inspection can be conducted
- Any necessary remedial works can be carried out to fix any damage caused by the collision and
- An appropriately qualified engineer has certified that the structure is safe to take rail traffic.
NR is obliged to pay a fee to the engineer who carries out the safety inspection.
As you/your insured, have collided with a bridge (or other part of the rail infrastructure), an examination as described above has been rendered necessary. We are therefore seeking to recover our loss from you by way of damages as set out in our application for payment that is either enclosed with this document or will follow in due course.