Ref No: HGR-T0801 Issue No: 01 Issue Date: July 2016 HERITAGE RAILWAY ASSOCIATION GUIDANCE NOTE OPERATION OF HORSE TRAMS 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 England and Wales 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 Transport 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