Railway noise

All railway operators have a statutory duty to run an efficient and safe railway transport system. This statutory duty does not exempt rail transport operators as statutory undertakers from action under the Environmental Protection Act 1990 for nuisance from noise and vibration.

In general terms action against railway operators for nuisance due to noise and vibration would fail unless it could be proved that the railway operator had not been diligent in maintenance, had not used the best practicable means (which includes cost) and also that there is a readily available engineering solution to mitigate the nuisance caused.