Re: Change in passenger containment policy,
C. Dewick
>Sylvia Else wrote:
>> If such people fall out and kill themselves, I'd regard that as a plus,
>> particularly if they do it before reproducing.
>>
>Maybe, but the Coroner usually does not take that view, nor insurance
>companies.
No that's certainly true. Certain persons have attempted to sue RailCorp
over being able to get part of their body out of a train for vandalism then
getting struck by a piece of fixed lineside infrastructure, and common-sense
actually prevailed but I would expect that special legislative changes
might be considered to give weight to the implementation of EDR's again so
that there are discouragements written into law for mis-use, and not just a
generic 'X penalty units' fine as it was with the old EDR's.
This would play into what I've been saying about a proper education campaign
strongly focused on passenger safety with emphasis on the individual's
responsibility to not mis-use safety devices designed to afford safe(r)
means of escape to multiple passengers in case of emergency.
Craig.
--
Craig Dewick - HO-Scale Railway Modeller, Experienced Train/Locomotive Driver
Web: http://lios.apana.org.au/~craigd or http://www.railzone.org
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Sylvia Else
> Kevin Martin <kevinr...@notreqdoptusnet.com.au> writes:
>
>> Sylvia Else wrote:
>
>>> If such people fall out and kill themselves, I'd regard that as a plus,
>>> particularly if they do it before reproducing.
>>>
>
>> Maybe, but the Coroner usually does not take that view, nor insurance
>> companies.
>
> No that's certainly true. Certain persons have attempted to sue RailCorp
> over being able to get part of their body out of a train for vandalism then
> getting struck by a piece of fixed lineside infrastructure, and common-sense
> actually prevailed
Rundle v State Rail Authority of New South Wales
Yes, though on reading the judgements (first instance and appeal) I have
the impression it was a somewhat close run thing. It was not a simple as
saying that you're at your own risk if you stick your body out through a
small upper window for the purpose of damaging the train while it is in
motion. But it should be.
Sylvia.