Stirling.co.uk Interactive

Dear Mr. I'Anson,

We are writing to you to update you on our actions and the responses received from Network Rail, DB Schenker (EWS) and operator Transport Scotland, the Office of the Rail Regulation and the four Councils.

Since we received the first complaint of noise and vibration due to coal (freight) trains we have between us:

1) Attended 3 public meetings and one open Community Council meeting – we will be organising a meeting with 3 further Community Councils.

2) Submitted a number of Parliamentary Questions and participated in a Scottish Parliamentary debate - see www.scottish.parliament.uk/business/officialreports/meetingsparliament/or-09/sor0611-02.htm#col18332.

3) We have had responses from Network Rail, DB Schenker, the four Councils and we have met with Network Rail, DB Schenker, Councillor Carrick from Clackmannanshire Council and Transport Scotland.

Clackmannanshire Council have undertaken noise studies which have recently been published for eleven points along the Stirling - Alloa-Kincardine (SAK) line including the Stirling District and Kincardine sections of the SAK line (i.e Fife is covered). Clackmannanshire Council and Transport Scotland are now doing vibration testing.

- Falkirk Council has undertaken studies on the Larbert section (Noise and vibration tests which have now been published)

- Stirling Council has decided to await remedial action by Network Rail before deciding whether or not to undertake studies.

- Network Rail have undertaken rail studies along the non SAK sections and are:
a) Undertaking some remedial work to reduce noise from line issues.
b) Examining whether ‘Whistle’ signalling is needed at one point in Stirling.
c) Continuing to run "wheelchex" to check the levels of alignment of the SETS of wagons.

Network Rail are also looking at gradient on the SAK section to see if "clanking" of empty wagons can be reduced.

DB Schenker has agreed to:
a) Recheck rolling stock in light of wheelchex.
b) Review all driver training to minimise noise.

On 12^{th June we received confirmation from Transport Scotland that a number of additional anti-vibration measures were put in place during construction.}

Whilst Transport Scotland did not respond formally to our letter of 26th February 2009 until 12th June we have followed up:

a) With phone calls

b) A Freedom of Information (FOI) enquiry placed by a colleague Thomas Docherty on the Scottish Labour Team’s behalf.

c) A meeting with Transport Scotland including their acoustic (noise) expert

That FOI response indicated in email exchanges that there were clearly problems trying to get agreement for (daytime) freight train timetables which were only resolved in early summer with the winter 2008/09 schedule and the inclusion of night trains.

It is clear that Clackmannanshire Council were not copied into any of the timetabling emails, nor were they party to any discussions over the starting of night trains.

Dr Simpson tabled a number of parliamentary questions and a motion in the Scottish Parliament. Replies to date have not proven helpful in clarifying the decision making process or who should be held responsible for the night running debacle. What is clear is no-one is prepared to accept responsibility and the Scottish Government Minister continues to distance himself from the problems.

However the Transport Scotland emails and the Scottish Government response indicate that "Affected households may be eligible for compensation". (This only applies to households on the new SAK line).

Dr Simpson (along with Anne McGuire MP and Gordon Banks MP) will seek a meeting with the Scottish Minister to call for the Government’s support in reviewing and reducing the noise and vibration where these are clearly in excess of WHO (World Health Organisation) limits.

Night Trains

But since the number of trains per day does not exceed the total envisaged for daytime (0700-1100) running both in the original Scott Wilson Impact Report and the submissions to the Parliament’s Bill Committee your MSP and MP see no reason why the timetable should not revert to excluding night times running. However, Network Rail is required to allow access to any part of the rail network for any part of any day where it is safe to do so.

Speed Restrictions

In the meantime the Labour Team will also press on with a demand for a detailed consideration of the potential for speed limitation contributing to a solution.

The issue of speed is problematic to the extent that

a) It could create time problems affecting the Government’s policy priority of timely public transport.
b) Slowing down and then speeding up could actually result in greater noise both from engine and wagons (especially when empty).
c) Any change in speed limits can have a substantial knock on effect on other rail traffic across the rail network.
d) It is apparently not permissible to have different speeds in the day and at night

Anne McGuire met with DB Schenker (EWS) who have undertaken to recheck their rolling stock and renew driver training. (In light of the most recent report which appears to show a substantial difference between vibration levels in the Larbert area experienced from Freightliner operations as opposed to much higher levels from DB Schenker trains this seems important).

Outstanding issues/questions.

At present these are:

1) What noise abatement measures are proposed by Clackmannanshire Council for SAK rail line households in the light of their report?

2) When will the vibration tests be completed and analysed, and what additional anti-vibration measures will then be required for the SAK line?

3) What, if any, additional measurements are now required for the SAK line?

4) What will be the effects along the whole line from Larbert –SAK of the remedial measures being undertaken by Network Rail on rails, points, gradients and lubrication and the additional measures undertaken by DB Schenker to improve rolling stock and driving?

5) What measurements will Stirling Council undertake (noise and vibration) and when?

6) When will Transport Scotland complete their repeat impact study – especially in relation to vibration issues?

7) Who was responsible for the decision to commence night running and when? Why was the previous timetable inadequate given there are no more ‘sets’ running in 24 hours than had been envisioned in the original impact report (daytime 0700-1100 pm running only)?

8) Why was neither the public, nor the Clackmannanshire Council, nor any Community Councils, nor Councillors, nor MPs and MSPs consulted on the change to start night running in the light of the clear, (if mistaken) public undertakings of no night running at the time of the Impact Study and the Bill. What role did the Scottish Government have in all this?

9) Who will be eligible for compensation? (A Parliamentary Question is being lodged to seek an answer to this)

10) Will Network Rail and Transport Scotland undertake to commission a further impact study to determine:
a) What additional physical measures might help
b) What speed limits might help?
c) Whether or not daytime running only is practical to meet the required delivery of coal to Longannet.

We will along with Community Councils in affected areas consider a petition. Petitions require that in addition to a "specific and particular" issue it should have some significances for future policy or action.

The issues to be considered are:

1) How could the public be misled into believing there would be no night trains?

2) Why there are not clear lines of accountability for railway matters in respect of effects upon the households along any line (The confusion between the Scottish Government/Transport Scotland, the Office of the Rail Regulator (ORR), Council Environmental Health Departments, the train operators and Network Rail?

3) Why there is no requirement for consultation on changes in access where households may be affected?

4) Should any future Bill committee take into account all public interest?

5) In this particular case who is responsible for misleading the Public & Parliamentary Committee and who was responsible for changing the terms of access, why this happened and when?

Action that should be taken if you are being affected:

1) For residents living on the SAK Line register your complaint in the first instance with Network Rail by telephoning their Helpline on 08457 11 41 41 or by email to CRSCOT@networkrail.co.uk
(The Labour Team would also appreciate being advised that you have made such a complaint by email to Richard.simpson.msp@scottish.parliament.uk or to the office address below.

2) For residents living on the main line in the Stirling area the rules are different but follow the same contact procedure with Network Rail.

We hope this update is helpful and if you wish we will be happy to keep you advised on further developments in the future.

Yours sincerely

Rt Hon Anne McGuire MP Dr Richard Simpson MSP