A DB Cargo train driver has been sentenced to a suspended prison sentence for using his mobile phone while driving a train.
Following a prosecution brought by the Office of Rail and Road, Mark Andrew Hubble was found guilty of breaching Section 7a of the Health and Safety at Work, etc Act 1974 and sentenced to eight month’s imprisonment, suspended for 18 months.
On Monday, 23rd March 2020, Mr. Hubble was sending and receiving messages on his phone while driving a locomotive owned and operated by DB Cargo (UK) Limited. After entering a siding at Bromsgrove station, whilst he was reading a picture message on his mobile phone, he lost concentration and failed to control the speed of his locomotive. As a result, his train struck the buffer stops, causing it to derail and partially obstruct the adjacent main line.
Mr. Hubble’s locomotive was struck by a passing CrossCountry passenger train, but fortunately, no one was injured, but there was extensive damage to both the locomotive and the CrossCountry train.
The prosecution’s case was that the defendant failed to control his train because he was distracted using his mobile phone while at the controls of his locomotive, an action that led to a serious incident. It added that the incident may have had a “catastrophic outcome” under slightly different circumstances.
Judge Cartwright, in delivering the sentence, said: “Luckily there were only six people on board; the guard, driver, and four passengers. But for the lockdown, the train might otherwise have been carrying a good number of others. Alan Jones, the driver, was immediately covered in glass, his driver’s door torn open. If the locomotive had derailed a little further over, this would have been a head-on collision and he would have been killed.”
Ian Prosser, Chief Inspector of Railways, said: “We are pleased with the outcome of this case. It sends a clear message to drivers about their responsibilities.
“This incident could have resulted in serious injuries and fatalities.”
Responses
Suspended sentence, slap on the wrist for a serious health and safety offense
He wasn’t on the phone at that location, so how can being on the phone earlier have any relevance? If he is not allowed on the phone AT ALL, why do control regulary phone up drivers when they know they are driving?
I agree with all the comments made,any distraction,deliberately caused by an employee,could have shocking consequences.
I do feel that Mr Barrie.Hughes,obviously an astute commentator has a very valid point also
The article does not say whether the driver has lost his job – but I would expect that this should be so. It really is a dereliction of duty to using a mobile phone while driving a train and I think this driver has got off lightly with a suspended sentence
There has been at least once instance in the US of major train crash due to driver distraction by mobile phone (at night).
This was in a scenario of an remote unsignalised single track all freight line with passing loops, operated by a system of block authorities issued on paper/by voice radio (not sure the right name, but somewhat similar to aviation, i.e. Proceed from starting point X to junction Y, enter passing siding, call dispatch, and hold until Train B has passed, with train B getting a similar authority to pass train A at Junction Y)
The driver got distracted and lost track of the location of the train on the line, passing the intended siding (and not realising due to lack of visible landmarks at night), and then met the other train head on at line speed.
Part of the blame must be with NR who should align sidings with buffer stops so they do not converge with the main line!
Extending that argument would mean that a safety net would have to be provided by someone for everyone who breaks the rules. Drivers must not be using their mobile phones, and that should be the end of it.
Please suggest a practical way that NR should achieve that, costings would be helpful.