The Office of Road and Rail (ORR) have confirmed that they are to prosecute Transport for London (TfL), Tram Operations Limited (TOL) and tram driver Alfred Dorris after a detailed and thorough investigation into the tragic accident at Sandilands in November 2016 which saw seven people die after a tram came off the rails.
The prosecution is being brought for breaches of health and safety law and for each party relates to the following:
- TfL – alleged by ORR to have failed to ensure the health and safety of passengers on the Croydon Tramlink network, so far as reasonably practicable
- TOL (operator of Tramlink) – alleged to have failed to ensure the health and safety of passengers on the network, so far as reasonable practicable
- Alfred Dorris (driver of the tram) – accused of an alleged failure as an employee to take reasonable care of passengers whilst employed at work driving the tram
A hearing will now take place at Croydon Magistrates’ Court with a date to be set shortly. If found guilty Mr Dorris could face up to two years in prison and an unlimited fine with both TfL and TOL subject to an unlimited fine.
Ian Prosser CBE, ORR’s HM Chief Inspector of Railways, said: “My thoughts are with the families of the seven people who lost their lives on 9 November 2016, the many more injured and everyone whose lives have been impacted as a result of this incident. Following a detailed and thorough investigation, we’ve taken the decision to prosecute Transport for London, Tram Operations Limited and driver Alfred Dorris for what we believe to be health and safety failings. We’ve made a fair, independent and objective assessment about what happened, and it is now for the court to consider if any health and safety law has been breached.”
The derailment happened early on the morning of 9th November 2016 with a RAIB investigation finding that the tram has been travelling more than three times the speed limit shortly before the incident. An Inquest ruled it an accident (although there was criticism to the inquest with the coroner alleged to have not called all crucial witnesses) and TfL has paid compensation to the victims families.
61 people were injured in the accident and seven people tragically died. They were Dane Chinnery, Philip Seary, Dorota Rynkiewicz, Robert Huxley, Mark Smith and Donald Collett.