Natural Science Forum / Physics / Acoustics / June 2005

I was an EHO for over 20 years and I don't recall a "prosecution" being
taken and think it is unlikely that one would be as this would imply breach
of a Statutory Notice, although advanced years may have dimmed the memory.
It is possible that a SN was served but bear in mind the following extract
from a Parliamentary Answer given by Alun Michael in 2003 in relation to
train horns;

"Although the Railways Act 1993 Section 122 subsection 3, Part A exempts
authorised railway undertakers from action at civil or criminal law for
nuisance, it does not exempt them from the element of statutory nuisance
that covers being prejudicial to health. For such a case to succeed, it
would be necessary to prove, to the satisfaction of the court, that the
nuisance was above and beyond what might be expected from the normal
operation of a railway."

Presumably the question would then be does idling a railway engine in a
siding constitute normal operational practice. Best of luck with that one!

GB