Bellgrove train crash driver to sue BR

British Rail.

Lawyers for Joseph McCafferty, who lost a leg in the crash, yesterday

made clear their unwillingness to accept a finding which resulted in

their client being made the primary scapegoat for the accident.

The swift introduction of automatic equipment to over-ride any driver

passing through a red light was recommended by inspectors, who described

as ''the immediate cause of the accident'' Mr McCafferty's action in

taking his Milnagavie-Springburn train through a danger signal.

The impact of the lunchtime crash last March killed the driver of the

oncoming train, Mr Hugh Keenan, 62, and a passenger, Mr Robert

McCaffrey, 58, of Lennox Avenue, Glasgow. ''There was no evidence to

justify any criticism of the conduct of Driver Keenan, who sadly lost

his life in the accident,'' the inspectors say.

The report states that a contributory cause was that Mr McCafferty's

guard on the Springburn-bound train, Mr Robert Bain, signalled that the

train could start without checking the danger signal, but adds: ''The

rule book on this particular point was not as clear as it should be.''

None of the major findings touches on the reduction of the line from

twin to single-track status, which threatened last night to become the

main focus of political attention.

The report stated that: ''It is clear that the circumstances of this

accident could not have occurred before the realignment of Bellgrove

Junction, because the earlier layout permitted trains to proceed

simultaneously in each direction.'' The report concluded: ''We consider

that single lead junctions are acceptable in principle on safety

grounds.''

The head-on collision in Glasgow came in the wake of crashes at

Clapham and Purley in London. This forced the inquiry to focus on

whether single tracking was a relevant factor. Clydebank and Milngavie

Labour MP Tony Worthington insisted last night that this remained the

issue, and he attacked as scandalous British Rail's continued intention

to single-track the line near Milngavie.

British Rail last night faced a legal challenge to the whole approach

of its inspectorate. Trade union lawyers Robin Thompson & Partners,

acting for Mr McCafferty, said a claim would be pursued against BR.

This would be based on ''their failure to take reasonable care to

provide him with a safe working system, adequate plant and equipment and

safety measures, safe area of work, all at the Bellgrove Junction, and

for the failure to adequately instruct employees of British Railways

Board, including himself, and for the vicarious negligence of other

employees of BRB.''

The action will involve ''damages sought for the substantial pain and

suffering which he has undergone and will continue to do so for the

remainder of his life, loss of wages, and services which have required

to be rendered to him by his family.''

The guard named in the report has been disciplined and has now

returned to work. The rail drivers' union, Aslef is seizing on the

Bellgrove case to press for safety improvements. Scottish organiser Mr

William Wilkie emphasised that the main recommendation of the inquiry

team, installing new automatic over-ride equipment, was still a long way

off.

He referred to a finding of the fatal accident inquiry. ''The single

measure recommended by Sheriff McKay to stop a train at the signal

before the Bellgrove Station and not letting it pass that signal into

Bellgrove Station until the train from Duke Street had passed the single

lead junction has not been implemented,'' he said.

''In fact the BRB have removed the signal at which this system would

have operated, again seriously increasing the risk of collision as

clearly pointed to by the sheriff. It is well recognised by BRB, Sheriff

McKay, and the report by the Department of Transport that signals are

passed at danger throughout the BRB network.''

ScotRail operations manager Mr Jim Summers confirmed that it accepted

the report's findings and said #10m was being spent to develop two

automatic train protection systems, which would override trains passing

through on red. The rule book was also being tightened, and also in line

with the report the siting of the Belgrove signal and layout of the

junction were being re-examined.

While ScotRail emphasised the report's acceptance of single track

junctions, opponents continued to highlight their fears. Mr Ken

Sutherland of the Milngavie-based Safer Track Action Group said the

findings would heighten public outrage in the area at the idea of

single-tracking. ''They are trying to turn the clock back to the last

century,'' he said.