No trains to call at Altnabreac for the foreseeable future

[Gloster]

There's not even a kiosk at Altnabreac, Scotrails statement is false. How could you do maintenance on something not even there?

The press release is probably written by someone who knows very little about railways and hasn’t a clue where Altnabreac is. The days when the people who produced the railway‘s press releases were given a good basic knowledge of railways and could check what they didn’t know are long gone; they are all media studies graduates who know ****** all about anything except PR.

My feeling about the whole sorry story is that there are at least two separate individuals or groups involved and everybody has lost track of who is doing what. Nor does it sound as though the versions of those concerned are likely to be impartial.

I am sure that when the station house was sold the limits of the property and any covenants allowing access were clearly laid out. The one thing I do wonder is whether road acccess was by ‘custom and practice’ and the effect on the access track of the use by Network Rail of heavier vehicles has brought matters to a head or created an excuse to gain leverage for other complaints.

 

[ConnectingDots]

It says "for a kiosk", not "of a kiosk", which implies the issue is they can't install the kiosk in the first place.

I believe that Scotrail are deliberately misleading the public in this report. I know a lot about the stop and request tech. They clearly give their reason for closing the station suddenly because of not being able to do 'critical maintenance for a kiosk.' This kiosk is not even at the station. If it was about their inability to 'install' the kiosk then they should have said that. The word maintenance means to maintain not install. You maintain equipment that is already there which is what 'to maintain' means.

 

[Stephen42]

I believe that Scotrail are deliberately misleading the public in this report. I know a lot about the stop and request tech. They clearly give their reason for closing the station suddenly because of not being able to do 'critical maintenance for a kiosk.' This kiosk is not even at the station. If it was about their inability to 'install' the kiosk then they should have said that. The word maintenance means to maintain not install. You maintain equipment that is already there which is what 'to maintain' means.

It's potentially the paraphrasing of the press release which has caused the issue or the press release being issued with a mistake (it's unclear what the edit was) than a deliberate attempt to mislead.

The Scotrail news item currently reads as below and I don't think is misleading, they aren't able to install the kiosk or do any maintenance of the station:

The train operator has made the decision to withdraw services as it is unable to get access to the station and a neighbouring level-crossing. In the last year fewer than 300 passengers joined services from the station.

The isolated station can only be accessed by a small road five miles long and without being granted access Network Rail and ScotRail staff are unable to carry out essential maintenance needed for the safe operation of the station through winter.

ScotRail’s intention is to return to services as quickly as possible.

Altnabreac, along with eight other stations on the Far North Line, currently operates on a ‘request to stop’ basis. The other seven recently saw the installation of new kiosks that allow passengers to request an approaching train to stop at the station with just the push of a button using a radio system to send a message to the driver’s cab - however this, along with critical maintenance, has not been possible at Altnabreac due to the inability to safely access the station.

David Simpson, ScotRail’s Service Delivery Director, said:

“It is very disappointing that services will temporarily not call at Altnabreac because we can’t access the station safely to perform maintenance and other work during the winter period.

“We know how important services on the Far North Line are to local residents, tourism, and the wider community in areas like Altnabreac where public transport options are limited.

“Withdrawing services is very much a last resort and we would like to reassure the local community that we will be doing everything we can to secure safe access and resume services at Altnabreac as soon as possible.”

 

[D365]

I find it amusing rhat Scotrail appear to be attempting to grit a platform that sees 300 passenger entries and exits a year. If they can get to such a remote platform in icy weather without grit I'd have thought they could get to the train. Economics of the mad house.

Surely the railway still has a responsibility for safe access/egress, regardless.

 

[ConnectingDots]

Altnabreac, like Dounreay, was considered as a location for a final repository for the UK's nuclear waste. This idea was not pursued.

Altnabreac - Wikipedia

en.wikipedia.org

They decided to use the area for dumping and burying tyres, scrap cars and fridges by the look of it instead.

 

[Cricketer8for9]

Isn't that what the sections of the Offences Against the Person Act that relate to obstructing the railway are for?

And does that Act apply to Scotland. A lot of English criminal law doesn’t apply in Scotland (though the same things will usually be offences u def separate Scottish legislation).

 

[snowball]

Isn't that what the sections of the Offences Against the Person Act that relate to obstructing the railway are for?

Does obstructing the railway really come under "offences against the person"?

 

[Fatboyslim]

And if you then look at the profile of the person making those comments it's clear they are the person discussed in this thread.

That’s different - using ‘Prof’ as your title asking to see the full video.

 

[hexagon789]

Does obstructing the railway really come under "offences against the person"?

Not obstructing, but s. 34 refers to endangering passengers on the railway:

34Doing or omitting anything to endanger passengers by railway.​

Whosoever, by any unlawful act, or by any wilful omission or neglect, shall endanger or cause to be endangered the safety of any person conveyed or being in or upon a railway, or shall aid or assist therein, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years

Nevertheless, its academic anyway as:

And does that Act apply to Scotland. A lot of English criminal law doesn’t apply in Scotland (though the same things will usually be offences u def separate Scottish legislation).

S. 78 states the Act does not apply in Scotland.

 

[Stephen42]

Does obstructing the railway really come under "offences against the person"?

In terms of putting obstructions on the track that's within Offences against the Person Act 1861 Section 32. It requires intent to endanger safety of people travelling or on the railway so are indirectly against people.

Obstructing in sense of access over your land isn't an offence under the act and as above the act doesn't apply to Scotland anyway.

 

[bspahh]

I'm not a lawyer. However, section 16 of the Railways Clauses Consolidation (Scotland) Act 1845 says

• They may from time to time alter, repair, or discontinue the before mentioned works or any of them, and substitute others in their stead; and
• They may do all other acts necessary for making, maintaining, altering, or repairing, and using the railway:
• Provided always, that in the exercise of the powers by this or the special Act granted the company shall do as little damage as can be, and shall make full satisfaction, in manner herein and in the special Act, and any Act incorporated therewith, provided, to all parties interested, for all damage by them sustained by reason of the exercise of such powers.

 

[Baxenden Bank]

The article by The Northern Times

covers much more of the story than that posted by The Times. The Times story is misleading and not reporting the full story.

Indeed, the full story includes an accusation of a hole being dug by Network Rail in the station cottage owners garden, that he then filled in himself. The article includes a photograph but not with sufficient detail to identify the location, except that it was grassed.

Now if someone dug a hole in my lawn tomorrow, I would not be pleased, that may lead to some shouting and threats to remove anything installed in that hole etc.

 

[tspaul26]

I'm not a lawyer. However, section 16 of the Railways Clauses Consolidation (Scotland) Act 1845 says

This section would not itself authorise the taking of or entry onto third party land for the purposes delineated.

 

[bspahh]

This section would not itself authorise the taking of or entry onto third party land for the purposes delineated.

Section 25 of the same act says

Company may occupy temporarily private roads within five hundred yards of the railway.U.K.​

Subject to the provisions herein and in the special Act contained, it shall be lawful for the company, at any time before the expiration of the period by the special Act limited for the completion of the railway, to enter upon and use any existing private road, being a road gravelled or formed with stones or other hard materials, and not being an avenue or a planted or ornamental road, or an approach to any mansion house, within the prescribed limits, if any, or, if no limits be prescribed, not being more than five hundred yards distant from the centre of the railway, as delineated on the plans; but before the company shall enter upon or use any such existing road they shall give three weeks notice of their intention to the owners and occupiers of such road, and of the lands over which the same shall pass, and shall in such notice state the time during which, and the purposes for which, they intend to occupy such road, and shall pay to the owners and occupiers of such road, and of the lands through which the same shall pass, such compensation for the use and occupation of such road, either in a gross sum of money or by half-yearly instalments, as shall be agreed upon between such owners and occupiers respectively and the company, or, in case they differ about the compensation, the same shall be settled by the sheriff, in the same manner as any compensation not exceeding fifty pounds is directed to be settled by the M1Lands Clauses Consolidation (Scotland) Act 1845.

I guess the problem here is that they need to access private roads further than 500 yards from the station.

 

[Fatboyslim]

Reading between the lines here, I think there is a little land grabbing going on. The picture of the dug hole is very inconclusive to its location. But, looking at the land registry plans, their boundry is the wall of the property adjoining the platform. Yet, there is no fence and no demarcation line. In previous reports they treat the platform at their own. Is this the problem.

 

[ConnectingDots]

This picture is from 2018 and is meant to be access to the station. Darren Bruce and Tammy Connor were the occupiers at this time.

ALTNABREAC station access 20181101

Explore john from bedford's 91531 photos on Flickr!

www.flickr.com

 

[kkong]

There is a court report relating to the latest situation at Altnabreac in today's Press & Journal.

There is an allegation of a disturbing incident taking place at the level crossing just a few days ago.

Couple accused of trespassing on tracks at remote Highland railway station

Ian Appleby and Elizabeth Howie allegedly endangered the lives of passengers by standing in the path of an oncoming train.

by David Love
March 5 2024, 11:30 am

A couple have appeared in court accused of endangering train passengers' lives by standing on railway tracks at a remote Highland station.

Ian Appleby and Elizabeth Howie allegedly interfered with the rail network by trespassing on the line at Altnabreac level crossing in Halkirk, Caithness.

The couple, who live next to the tracks, also faced charges of acting in a threatening or abusive manner towards two police officers.

They appeared in private at Inverness Sheriff Court in connection with the incident, which happened on March 1 this year.

The charge states Appleby, 46, deliberately endangered the lives of staff and passengers and interfered with the running of the network by standing on the track.

Appleby, of Station Cottage at Altnabreac, appeared before Sheriff Ian Cruickshank and made no plea to all accusations, including ignoring warning signs and trespassing on Network Rail land in dangerous proximity to the line.

He is also accused of, while acting with another, culpably and recklessly standing on the tracks in the path of the oncoming train to the risk of injury and danger of life to him, the passengers and staff on the train.

He also allegedly behaved in a threatening or abusive manner which was likely to cause a reasonable person fear and alarm by shouting, swearing and uttering abusive comments towards two police constables.

His partner, Elizabeth Howie, 48, a former police officer, also appeared on similar charges, to which she made no plea.

They were trespassing in dangerous proximity to a Network Rail track, maliciously interfering with the running of the railway track by standing on it and bringing trains to a halt, obstructing British Transport Police officers in the execution of their duty and behaving in a threatening or abusive manner.

Both were committed for further examination and released on bail to appear again in court at a future date.

 

[D6130]

There is a court report relating to the latest situation at Altnabreac in today's Press & Journal.

There is an allegation of a disturbing incident taking place at the level crossing just a few days ago.

Is it still the case that a conviction for 'endangering the lives of passengers on the railway' can carry a possible life sentence? The behaviour of this couple is unbelievable....especially as Howe is a former police officer!

 

[Baxenden Bank]

There was also a news report a few days prior to that.

Altnabreac station 'must reopen before the holiday season kicks off'

Altnabreac station 'must reopen before the holiday season kicks off'​

Highland Greens MSP Ariane Burgess is calling for a Far North Line station closed last year to be reopened.

Altnabreac, a request stop on the Far North Line, has been closed since November 2023 due to an access dispute, limiting access to the surrounding countryside and routes popular with walkers and visitors.

Ms Burgess, Scottish Green MSP for the Highlands and Islands region, has contacted ScotRail to ask them what progress has been made on resolving the dispute and when they anticipate the station reopening to passengers.

She said: “Given its location, Altnabreac may be a quiet station but user numbers were growing prior to the closure and creeping back towards their 2017-18 peak when around 600 people used the station each year.

"Enabling people to access Scotland’s beautiful landscapes without a car is a key part of developing our sustainable tourism offer, so it’s important that stations like this one are able to operate.

“The Easter holidays mark the start of the summer season for visitors and it’s concerning that the station remains closed after more than three months.”

ScotRail and Network Rail said previously that a road access issue was preventing workers from carrying out maintenance at the site while Friends of the Far North Line said there was “no question” of the station being closed permanently.

Yes, what actions have Scotrail / Network Rail undertaken to resolve the dispute? Has there been any progress or, come the end of the 'we can't maintain it safely in winter' period will there be a 'we need to check it over because it hasn't been used for several months so it must remain closed until further notice' coming along any moment?

 

[tspaul26]

Is it still the case that a conviction for 'endangering the lives of passengers on the railway' can carry a possible life sentence? The behaviour of this couple is unbelievable....especially as Howie is a former police officer!

Not in Scotland.

However, it appears that they have been charged with reckless endangerment of the lieges which could (in theory) extend to life imprisonment.

The cause would have to be remitted to the High Court first as the sheriff’s sentencing powers are limited to five years’ imprisonment.

 

[Baxenden Bank]

This picture is from 2018 and is meant to be access to the station. Darren Bruce and Tammy Connor were the occupiers at this time.

Yep, I can get in there on foot, no problem, especially having walked several miles along rough tracks to reach the station anyway. There are far worse urban footways I have to negotiate.

 

[The exile]

Not in Scotland.

However, it appears that they have been charged with reckless endangerment of the lieges which could (in theory) extend to life imprisonment.

The cause would have to be remitted to the High Court first as the sheriff’s sentencing powers are limited to five years’ imprisonment.

An injunction preventing them from approaching within x hundred metres of any railway line north or west on Inverness would do….

 

[Killingworth]

Looking at RT for that day a couple of trains seem to have been held up for about 10 minutes? Two police officers aren't wandering by a station in the wilds, or just happen to be travelling on a train that's obstructed. There's more been brewing here than we currently know.

 

[The Puddock]

Looking at RT for that day a couple of trains seem to have been held up for about 10 minutes? Two police officers aren't wandering by a station in the wilds, or just happen to be travelling on a train that's obstructed. There's more been brewing here than we currently know.

It all kicked off again about three weeks ago. Given there’s a pending court case, I can’t say more than that.

 

[MadMac]

Is it still the case that a conviction for 'endangering the lives of passengers on the railway' can carry a possible life sentence? The behaviour of this couple is unbelievable....especially as Howie is a former police officer!

I think it’s one of those historic offences that still technically offered transportation to Australia (with hard labour) as a potential penalty…..

 

[Baxenden Bank]

An injunction preventing them from approaching within x hundred metres of any railway line north or west on Inverness would do….

Difficult when your home is part of the station platform! The distance from their dining room to their bathroom is probably greater than that from their dining room to the track!

 

[Bletchleyite]

Difficult when your home is part of the station platform! The distance from their dining room to their bathroom is probably greater than that from their dining room to the track!

It's not actually unknown for people to get injunctions that ban them from living in their home, typically where they've been being a menace to a neighbour (serious stuff like firearms type offences, not just an irritant because their dog barks a bit loud or something). It takes pretty extreme circumstances for that to be imposed, but this is pretty extreme if they're endangering the railway.

 

[Baxenden Bank]

It all kicked off again about three weeks ago. Given there’s a pending court case, I can’t say more than that.

Perhaps they wish to have a train service again!

 

[D6130]

Difficult when your home is part of the station platform! The distance from their dining room to their bathroom is probably greater than that from their dining room to the track!

Presumably they would have been aware when they purchased the property that it was situated on an operational station.

 

[Baxenden Bank]

It's not actually unknown for people to get injunctions that ban them from living in their home, typically where they've been being a menace to a neighbour (serious stuff like firearms type offences, not just an irritant because their dog barks a bit loud or something). It takes pretty extreme circumstances for that to be imposed, but this is pretty extreme if they're endangering the railway.

Indeed, there was a 'drugs den' closure in my street quite recently, forbidding anyone from entering the property.
There is endangering the railway, then there is 'endangering the railway'. As the court case will ultimately discuss. Variant A remove a length of rail (as in Von Ryans Express) or variant B stand on a user worked crossing shouting and swearing.