UK: Terror arrest threat for pax taking pics of overcrowding

[John Ashworth]

Terror arrest threat for rail passenger who took photos on train to prove overcrowding

By Mail Online Reporter
Last updated at 2:20 PM on 7th July 2010

A rail passenger who took photographs of an overcrowded train carriage was threatened with arrest under anti-terror laws.

Nigel Roberts, 41, was so appalled by the cramped conditions commuters have to endure he warned a ticket inspector that dangerous overcrowding could cost lives.

But when the IT worker showed his mobile phone photos of luggage-crammed aisles and exits he was told it is 'illegal' to take such pictures and threatened with prosecution.

The inspector then demanded Mr Roberts' personal details.

Mr Roberts' traumatic journey began when he joined South West Trains' Weymouth to London service at Southampton.

As soon as he boarded the train he saw the carriages were full of piled-up suitcases, bags and backpacks. Even the overhead racks were stuffed with heavy luggage - and vital passageways to the doors were also blocked.

'The train was full of passengers who had got off cruise liners and aircraft at Southampton who obviously all had luggage,' Mr Roberts said.

'But it was a disaster waiting to happen - conditions on the train were unsafe and in an emergency people would not have been able to get out.

'I saw one elderly couple in their 70's desperately calling for help from station staff because they were unable to get out at their stop in time because the aisle was blocked.

'And if the train had to make an emergency stop a 20kg medium-size suitcase travelling at 50mph would probably decapitate any passenger it hits - it would almost certainly kill them.

'A passenger announcement on the train invited us to raise any concerns with the ticket inspector, which I did because it was not the first time I had seen the problem first-hand on that route.

'I told him I was going to make a complaint to the Office of Rail Regulation because conditions on the train were unsafe.'

Mr Roberts added: 'But when I told him I had taken some photos he said it was illegal under the Terrorism Act and that I could be arrested and demanded my name and address.

'He said there were police officers on the train and I may be arrested for taking the photographs.

'He said he had powers given to him under the Railways Act to ask me for the information and it was an even more serious offence for me not to comply.

'I felt as if I was in a police state. He explained that for some reason it was for my own protection but my argument was that every passenger on the train would have needed protection in the event of an emergency.

'He told me he would make a note of our conversation so that they could be used in the event of a prosecution. He was pleasant enough but it was a frightening and chilling experience for me.'

Mr Roberts, who lives on Alderney in the Channel Islands, claimed he was told that newer South West Trains often didn't have enough luggage space because operators wanted carriages that could hold more fare-paying people than baggage.

He said: 'I have asked the rail company for an explanation but they haven't replied.

'It appears to be a serious and institutional breach of their duty of care towards their passengers.'

A spokeswoman for South West Trains - owned by the Stagecoach group - said today: 'Staff are aware they need to be particularly attentive to unusual photos being taken or suspicious behaviour and to challenge this if necessary.

'However this was clearly not an issue in this case and we will ensure our staff are re-briefed to avoid any misunderstanding in the future.

'We are sorry for any upset and anxiety caused to Mr Roberts.

'We need to strike a balance between seating, room for luggage as well as provide toilets and we do as much as we can to provide luggage room within the constraints of available space.

'But we understand there can be pressure on space at busy times and we ask for the co-operation of our customers in not compromising safety by blocking the aisles with luggage.