Ref No: HGR-T0801 Issue No: 01 Issue Date: July 2016

HERITAGE RAILWAY ASSOCIATION

GUIDANCE NOTE

OPERATION OF HORSE on Heritage Tramways and Railways

Purpose This document describes good practice in relation to its subject to be followed by Heritage Railways, Tramways and similar bodies to whom this document applies.

Origin This document has been developed in response to a request made to the Heritage Tramway Committee (HTC) of the Heritage Railway Association (HRA) from Her Majesty’s Railway Inspectorate (HMRI), a directorate of the Office of Rail and Road (ORR), to provide guidance on the operation of horse tramcars on tramways and railways.

Follow up The HTC accordingly established a working group of heritage tramway operators and horse operators to draw up the required guidelines and these are set out in the following pages. Details of the membership of the working group are given in Appendix A.

Disclaimer The Heritage Railway Association has used its best endeavours to ensure that the content of this document is accurate, complete and suitable for its stated purpose. However it makes no warranties, express or implied, that compliance with the contents of this document shall be sufficient to ensure safe systems of work or operation. Accordingly the Heritage Railway Association will not be liable for its content or any subsequent use to which this document may be put.

Supply This document is published by the Heritage Railway Association (HRA). Copies are available electronically via its website www.hra.uk.com

Issue 01 page 1 of 8 © Heritage Railway Association 2016 The Heritage Railway Association, Limited by Guarantee, is Registered in and No. 2226245 Registered office: 2 Littlestone Road, New Romney, Kent, TN28 8PL HGR-T0801-Is01 ______Operation of Horse Trams Users of this Guidance Note should check the HRA website, www.hra.uk.com , to ensure that they have the latest version. Table of Contents 1. Introduction ...... 3 2. The Operator ...... 3 3. Route Assessment and Environment ...... 4 4. Vehicle Assessment ...... 4 5. Considering Competence ...... 5 6. Selecting Horses ...... 6 7. Integration with Existing Systems ...... 7 8. References: ...... 8 Appendix A: Working group members...... 8

Issue 01 page 2 of 8 © Heritage Railway Association 2016 The Heritage Railway Association, Limited by Guarantee, is Registered in England and Wales No. 2226245 Registered office: 2 Littlestone Road, New Romney, Kent, TN28 8PL HGR-T0801-Is01 ______Operation of Horse Trams

1. Introduction A. The following guidelines have been created by a working group who considered specifically the nature of operating horse-drawn tramcars on heritage (or other) tramways and railways in the British Isles. They are intended to give operators considering such activities some focal points for the development of their own risk assessments and safety management systems (SMS) before carrying out such activities. B. This is not intended as a de facto instruction manual for such an operation, and should be used only to help inform the operator’s own safety management considerations as part of their responsibility under the Railways and Other Guided Systems (Safety) Regulations 2006 (ROGS) and in the creation and ongoing management of their own SMS. C. All participants in an operation (duty holders) must consider their responsibility under the Health & Safety at Work Act (HSWA). This is central to this guidance and is a theme that runs throughout it. D. Some issues are considered more than once, reflecting the differing contexts in which they occur. E. The key areas of consideration are covered below. Further information sources can be found in the References section.

2. The Operator A. Before considering operation at all, it is necessary to identify the operator - the person or body intended to carry ultimate responsibility for the safe conduct of the operation (the “controlling mind”). If the infrastructure, tramcars, horses and operating staff are all under the control of one organisation, then the position is reasonably straightforward, in that that organisation almost certainly is to be regarded as the operator. But if some or all of these participants are under separate control, then it is necessary to determine which person or body has overall responsibility. In some cases this may be the person or body commissioning the operation, taking the commercial risk and ultimately taking the financial rewards, but in most cases it is likely to be the person or body controlling the infrastructure (i.e. the permanent way, road surfaces, fencing, other structures and facilities), acting as host to the tramcars, horses and personnel brought from elsewhere and having responsibility for traffic and crowd control at the venue. B. At the core of the ORR’s publication RSP1 “Developing and Maintaining Staff Competency” is the statement: “The client company remains responsible for operational safety and occupational health and safety irrespective of where its resources come from, either through its own staff, contract, subcontract or agency staff or the self-employed.” Therefore it is imperative to identify the ‘client’ (or operator as is the case here). C. Having identified the operator, it is necessary to assess that person’s or body’s competence in the role, including the initiation and supervision of the relevant training and paperwork involved. 1. Has the operator the necessary competence? i. Consider previous experience and track record, both in planning and execution ii. Distinguish between regular operation and occasional events iii. If the operator is not an individual, consider the competence of the responsible managers and executives/officers of the body concerned 2. Has time been made for briefings and training in cases where multiple interests are evident, i.e. i. Operational staff/volunteers for the tramcar ii. Horse operators if contracted to provide this service iii. Tramcar owner/custodian and tramway manager/engineer

Issue 01 page 3 of 8 © Heritage Railway Association 2016 The Heritage Railway Association, Limited by Guarantee, is Registered in England and Wales No. 2226245 Registered office: 2 Littlestone Road, New Romney, Kent, TN28 8PL HGR-T0801-Is01 ______Operation of Horse Trams 3. Is appropriate insurance in place? This should cover each party involved and should be recorded before operation commences. It should cover not only the operational elements but also public liability. The operator must have a copy of each layer of the operations’ insurance policy and file this securely as part of their SMS for the operations. 4. Where outside parties are involved, ensure that written agreements and contracts are in place before the operation commences. These should define the responsibilities of each party. Also consider the possibility of contractors sub-contracting their roles.

3. Route Assessment and Environment A. The route not only covers the ‘from and to’ but also the venue more widely, the environment and the previous experience of the venue in operating horse tramcars. Environment consideration should also include appropriate stabling of horses if appropriate (or at least where they arrive and are unloaded from their horse boxes, if not resident). B. Consider: 1. Is this an existing tramway, temporary tramway or new tramway (which might include use of railway lines as a tramway for the occasion)?. 2. Surface conditions: Are they paved, loose, ash/mud, slippery or with tripping hazards such as sleepers? How will the horses and operators cope with them? 3. Turning facilities: Where will the horses turn at the end of each trip? Is it a suitable space? Are there fences/obstructions to negotiate? 4. Gradient: What is the ruling gradient and, if significant, how will this impair performance in both ascent and descent (braking). Are run-off areas needed at the end of any descent? 5. Adjacent activity: What operations might be taking place alongside the tramway during the operation? A distraction to horses could be significant in this regard. 6. Horse trams should be operated separately from heavy rail activity – either through physical separation of running line or by operating at differing times of day to heavy rail operation. 7. If operating in certain environments, such as adjacent to a heavy railway where steam whistles and air horns may be sounded, the risk should be assessed and steps taken to reduce sudden startling sounds that might upset a horse. Similarly, consider the presence of traction engines/steam road vehicles and the effect of noises from them or other vehicles might have on a horse. 8. Is the line to be used single or double track? Will there be oncoming traffic (and what type)? Are there facing points or junctions and is there any street furniture that may become relevant to the operation being assessed? 9. Do pedestrians and other vehicles have access to the route – will the tramcar be interacting with other traffic? 10. Wheel/rail interface: Horse wheels tend to be narrower than electric tramcar wheels, and certainly railway wheels. Consider carefully the effect of this on performance, not least contact area between wheel and rail and the impaired braking performance that will result where this is reduced such as when horse trams are working on electric tramway or railway profile rails.

4. Vehicle Assessment A. Horse trams are, by definition of their technology, either of considerable age and fragility or have been restored to a display (or further, to an operating) condition from derelict remains. Those in service will usually have been heavily rebuilt over time. They are simple in terms of design and their characteristics are often contemporary to horse-drawn road-vehicle design, more so than established tramway practice. As a result, they are a dichotomy – simple in design but remote from more widespread experience that is more common today (e.g. with electric tramcars).

Issue 01 page 4 of 8 © Heritage Railway Association 2016 The Heritage Railway Association, Limited by Guarantee, is Registered in England and Wales No. 2226245 Registered office: 2 Littlestone Road, New Romney, Kent, TN28 8PL HGR-T0801-Is01 ______Operation of Horse Trams B. When commissioning a horse tram for service, therefore, consideration should be given to its origin and the intent of its restoration (i.e. was it to be static or intended to carry passengers regularly?). The former should largely be avoided for operation, the latter should apply rigour in both the restoration phases and the commissioning of the tram. C. Consider: 1. Braking: Existing brake systems will exhibit wear and be prone to metal fatigue. New restorations will generally have created new systems and these should be in accordance with an appropriate standard – documented before, during and after the process. If appropriate, an Independent Competent Person (ICP) needs to be involved in the process, particularly where there is no track record of restoration/maintenance/operation of tramcars. Independent restorers (i.e. those not affiliated to a tramway) should in particular consider this, as they will not necessarily have an established SMS which would be expected to cover the management of change – in this instance the introduction of new rolling stock and motive power. Material traceability is also important and should form part of the record, alongside the rationale for processes applied and decisions taken regarding the work and the standards attained. 2. Established brake tests for horse drawn tramcars involve using the the ‘lock-up’ test, and these can be considered applicable today. This is not just for a new tram, but at intervals through its life and should be recorded in a maintenance system covering the vehicle. Consider too the for these tests – tramway and railway profiles differ and will give differing results. 3. Those operators receiving a vehicle at their tramway/railway should request evidence of the maintenance system and also substantive data and rationale from the restoration/commissioning process for the tramcar. 4. Consideration should be given for a commissioning test, to include brake tests, both with and without horses in harness. This should be seen as an ‘acceptance for operation’ test, and would be backed up by an appropriate Fitness to Run exam (FTR) which should be carried out at regular and defined intervals, and recorded as such for future reference. 5. Historic documents have referred to ‘quick release’ mechanisms when coupling the horses (via harness, chains and swingletree or poles) to the tramcar. It is the view of the working group that this refers to a mechanism for turning horses at the end of a journey, in a safe and convenient manner and that it is not a means of disengaging horses in an emergency situation where the horses would be released without control or supervision. In almost every circumstance, horses are better attached to a braked vehicle when distressed rather than being released without means of control. 6. Tramcar design should be considered – is it a reversible tram (such as the Eades type) or double-ended and requiring horses to be detached? This will have implications for operator training, horse selection and route consideration. 7. What protective devices are (or were) fitted? Are lifeguards or trays fitted? Are wheel guards/guard irons fitted? What is the running height of these and is the tram set to the correct height for these to be effective (considering its dynamic performance when loaded)? If variations are observed or desired from original, why is this the case and is it documented? 8. Consider the use of an ICP, and at minimum an independent review of documentation and engineering design.

5. Considering Competence A. Regular horse tram operation will usually entail a driver and conductor/guard who are familiar with both operation of the tramcar and also that of driving horses (in particular the skills of driving horses with one hand and operating the brake on the tramcar with the other). It is to be emphasised that the proper place for a driver is on the driving platform, where one is provided, with the brake to hand, not walking alongside the horse or horses. In many circumstances, where operation is irregular, then to cover the required skills, a brakesman may be added to this team who is a competent tramway driver and has the applicable route knowledge but who does not have horse driving skills. Therefore these situations in particular require special consideration:

Issue 01 page 5 of 8 © Heritage Railway Association 2016 The Heritage Railway Association, Limited by Guarantee, is Registered in England and Wales No. 2226245 Registered office: 2 Littlestone Road, New Romney, Kent, TN28 8PL HGR-T0801-Is01 ______Operation of Horse Trams 1. Does the driver (the person who has control of the horses) have the appropriate route knowledge and tramway knowledge? Do they have the skills to operate the tramcar as well? 2. If a brakesman is added, do they have the appropriate route and tramcar knowledge? 3. If there is a situation where a driver and brakesman are present, is the appropriate competence for the tramway/railway being operated or fulfilled? Consider also who is in charge and takes the ultimate decisions, such as who does what in an emergency? 4. The host tramway/railway must be satisfied that their own SMS rules on competence are fulfilled on the driving platform (and for the conductor/guard if applicable). 5. If multiple agencies are being used for the operation (i.e. one owner of the tramway, another of the tramcar, a third for provision of horses and a fourth for provision of the tramcar crew) then it must be agreed in advance what the procedures for operation are and who is in charge of the tramcar. 6. How is the driver (of the horses) deemed competent? Do they have a recognised driving competence in their field e.g. via the British Carriage Driving Association. 7. • When sub-contracting the horse provision, consider very carefully the arrangements in place, the selection of horses and the briefing of owners/providers of the horses. See next section for more details. 8. Ensure contracts are appropriate, applicable and are in place before operation begins. Consider such issues as contractors sub-contracting and the implications of this on SMS and risk assessments. 9. Insurance: Is every person involved covered by the relevant insurances? It should be presumed that each layer of the operation will have its own cover and even competent persons may be operating under the constraints of another entity and therefore may not have insurance in place for the operation under consideration. 10. Provision should be considered for carrying out training of all involved personnel in the defined operation, making them familiar with applicable operating notices/practices and carrying out test running/emergency procedure simulations. 11. The question should be asked – in the matter of operation and assessment of competence, where does the final responsibility rest?

6. Selecting Horses A. This area is the most likely to be that which is unfamiliar to a tramway or tramcar operator unless it is something done regularly enough to enable provision of suitable horses from the tramway operator’s own resources. It is also one of the hardest areas to define and so the following questions are just some of those that a potential occasional operator should ask both of their own organisation and of the horse provider: 1. Suitability of horses: i. There is no one breed considered ‘perfect’ and so the horse(s) should be selected on suitability for the role. ii. Is (are) the horse(s) matched to the weight of the tramcar? iii. Is their breed known for its temperament for such work? iv. Is the individual horse, its temperament known and understood, matched to the skills and capabilities of the driver? This is particularly pertinent to those who regularly operate horses, either in tramway or related work. v. What is the disposition of the particular horses being considered? Will they stand still?

Issue 01 page 6 of 8 © Heritage Railway Association 2016 The Heritage Railway Association, Limited by Guarantee, is Registered in England and Wales No. 2226245 Registered office: 2 Littlestone Road, New Romney, Kent, TN28 8PL HGR-T0801-Is01 ______Operation of Horse Trams vi. What is the experience of the horse(s) in such work? Consider working with a centre pole or swingletree(s) where used for particular types of horse tram (i.e. reversible Eades patent or double ended). Can they turn if in multiple (such as for Eades type tramcars)? vii. Are the horses used to driving between shafts – the norm with most horse-drawn road vehicles but not used in tramway practice? viii. Has (have) the horse(s) experience of working in public areas or on the highway? ix. Do the horses usually operate at walking pace or a trot? This should be communicated to all parties and also be considered under Section 2 ‘Route Assessment’. 2. The horse supplier will advise on the horse, but the operator must define for them the nature of the work, regularity, hours it is expected to be working, and the considerations regarding route and environment described earlier. 3. Can the horses be tested in the type of work being proposed? Consider having a day when the tramway/railway is closed when they can be accustomed to both the tramcar and the environment they are operating in. This should be a consideration even when substitutions of horse are made mid-operation. 4. Regular operators of horse tramcars, or those proposing such, will no doubt invest in the supporting infrastructure and training (horses and personnel) that is required, and this alternative approach would be expected to be described in the SMS for the operation. 5. Can references be provided for the horses being supplied (and their owner and also the person who will be driving them)? Seek out the experiences of others who have used them and also others who have carried out similar operations, particularly on an occasional basis. 6. Ask: i. What work has the horse done? ii. When was it broken in and where? iii. What type of harness and attachments is it familiar with? iv. Who will be driving it and are they familiar with this horse? v. Has the supplier (and driver if different) appropriate insurance in place? 7. Remember: Have in place a written contract covering each participant’s assessment and record of their decisions and what can and cannot be varied.

7. Integration with Existing Systems A. Whilst this area is largely covered in the preceding points, it cannot be stressed enough that the SMS of the host tramway/railway must cover the operation proposed, and should point to the areas considered in terms of safe operation through assessment of route, vehicle, competence, vehicle operator and selection of horses. The need for written contracts and confirmation of insurance cannot be stressed enough. Define who the operator is and remember that ultimately it is the operator who is in charge and can stop, as well as initiate, the operation as the responsibility for such lies with them. B. The Department for Transport has produced some useful information in its Code of Practice for Horse Drawn Vehicles (see ‘References’ for website) and these can be used in consideration alongside the SMS and procedures of the host tramway/railway.

Issue 01 page 7 of 8 © Heritage Railway Association 2016 The Heritage Railway Association, Limited by Guarantee, is Registered in England and Wales No. 2226245 Registered office: 2 Littlestone Road, New Romney, Kent, TN28 8PL HGR-T0801-Is01 ______Operation of Horse Trams

8. References: The following may be useful in support of developing an appropriate SMS (or section of) to consider the operation of horse tramcars on tramways and railways: A. D. Kinnear Clark, C E, Tramways: Their Construction and Working London 1894 (Reprinted by Adam Gordon in 2006) B. ORR Railway Safety Publications: 1. RSP1 Developing and Maintaining Staff Competence 2. RSP2 Guidance on Tramways 3. RSP4 Safety Critical Tasks – Clarification of ROGS requirements 4. RSP5 Guidance on Minor Railways The above are available to download from: http://webarchive.nationalarchives.gov.uk/20131001175041/http://www.rail- reg.gov.uk/server/show/nav.1647 C. DfT Code of Practice for Horse Drawn Vehicles (2011): (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/291347/code-of- practice-for-horse-drawn-vehicles.pdf ) D. http://www.britishcarriagedriving.co.uk/ ______end of main document ______

Appendix A: Working group members The working group for these guidelines included: • Paul Jarman (Chair), Beamish Museum • Ian Longworth, Director of , Isle of Man • Ian Clague, Borough Engineer & Surveyor, Douglas Borough Council • Michael Crellin, Tramway Superintendent, Douglas Borough Council • Bob Hill, Tramway • Geoff Senior, • Matthew Ellis, Beamish Museum • Andy Steel,

The group included expertise in the operation of horse trams on the Douglas Tramway and also Beamish Museum, where horses are operated on a variety of duties on a daily basis (and where the horse operation staff have also been consulted in the creation of this document). This was allied with considerable professional and heritage railway/tramway operational experience across the members and their reflected organisations. ______end of appendix ______

Issue 01 page 8 of 8 © Heritage Railway Association 2016 The Heritage Railway Association, Limited by Guarantee, is Registered in England and Wales No. 2226245 Registered office: 2 Littlestone Road, New Romney, Kent, TN28 8PL