investigation into Bunchrew level crossing accident,

Dear Ganesh

Thank you for your e-mail of today requesting details of the Office of
Rail Regulation (ORR) investigation report into the railway accident at
Bunchrew Level Crossing, on the 17th May 2008.

I am handling your request under the terms of the Freedom of Information
Act 2000 (FoIA 2000).

We aim to respond to all such requests within 20 working days, and a
full response will be sent to you no later than the 30th October 2009.
If you have any queries regarding your request please contact me.

Yours sincerely

Paul Wilkinson
Senior Executive
Customer Correspondence Team
Office of Rail Regulation
One Kemble Street
London WC2B 4AN

Telephone 0207 282 2018
Fax 0207 282 2043
e-mail [email address]
web: www.rail-reg.gov.uk

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Dear Ganesh

I write further to your e-mail of 2nd October 2009 and your request for
information regarding Bunchrew level crossing.

I have checked with our relevant safety inspector and the report referred
to in the BBC news item is our investigation of a public complaint about
the reliability of the level crossing. The report is considered to be
exempt information under s.30 (1) (b), of the Freedom of Information Act
2000 - investigations and proceedings. The exemption relied on is a
qualified exemption, which means ORR has to balance the public interest
factors favouring disclosure against those favouring non disclosure.

Public Interest Test

I have considered the following factors for disclosure:

* Promote transparency in ORR's investigation processes.
* The public interest in level crossing safety.
* Our investigation is complete.

and the following factors for maintaining the exemption

* Release of the information may hinder any successful enforcement
action undertaken by ORR or relevant Department (e.g. The Procurator
Fiscal).

Decision

Due to the public interest in safety at level crossings and recent level
crossing accidents, I have decided that the public interest weighs more in
favour of releasing the information. Our investigation is complete and
there is no enforcement action outstanding. A copy of the report is
enclosed. Please note here has been some minor editing of the front
page of the report because we consider that information to be personal
information and exempt under s.40 (2) (b) of FoIA 2000.

Further information on level crossings in general can be found on our
website at:

[1]http://www.rail-reg.gov.uk/server/show/n...

[2]http://www.rail-reg.gov.uk/server/show/n...

Should you have any further enquiries regarding your request please
contact me.

If you are unhappy in any way I have handled your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of this e-mail, and should be
addressed to Samantha McClelland Hodgson Assistant, Board Secretary at:

Office of Rail Regulation
One Kemble Street
London
WC2B 4AN
Fax 020-7282 2154
Email: [email address]

If you are not content with the outcome of the review or how we have
handled your request, you may apply directly to the Information
Commissioner (IC) for a decision. Generally the IC cannot make a decision
unless you have exhausted the complaints procedure provided by ORR. The IC
can be contacted at:

The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel 01625 545745
Web [3]www.ico.gov.uk

Yours sincerely

Paul Wilkinson
Senior Executive
Customer Correspondence Team
Office of Rail Regulation
One Kemble Street
London WC2B 4AN

Telephone 0207 282 2018
Fax 0207 282 2043
e-mail [email address]
web: [4]www.rail-reg.gov.uk

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References

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