Exclusive:Harry Potter 'Hogwarts Express' Jacobite steam train operator falls foul of safety law

West Coast Railways ordered to stop passengers leaning out of windows

The operator of the Jacobite steam train in the Highlands has been ordered to ensure passengers do not risk serious injury by leaning out of windows following a series of incidents.

The latest controversy over West Coast Railways (WCR), which runs the service between Fort William and Mallaig, comes after the Office of Rail and Road (ORR) safety regulator issued an “improvement notice” after seeing video footage.

An exemption to the window ban while the Jacobite crosses the Glennfinnan Viaduct has been urgedplaceholder image
An exemption to the window ban while the Jacobite crosses the Glennfinnan Viaduct has been urged | AFP via Getty Images

The footage was from a WCR charter train in Cornwall but other footage has been published on social media showing passengers with cameras leaning out of windows on the Jacobite.

The ORR said WCR had failed to protect people “from the risks of serious injury due to being struck by objects or structures because you have failed to prevent persons from leaning out of drop-light windows while the train is in motion”.

It said the improvement notice applied to all WCR services with such windows, which includes the Jacobite.

Failure to comply could lead to a prison sentence of up to two years and/or a £20,000 fine.

The company has previously been criticised for failing to prevent the practice on the Jacobite, while it has repeatedly attempted to stave off introducing central door locking despite being mandatory for decades.

That led to the service, which resembles the Hogwarts Express in the Harry Potter films, not starting until June, two months late.

The ORR said it was still “engaging” with WCR over the operator’s latest application for an exemption from central door locking which it is seeking to allow time for it to be installed.

The regulator has rejected previous applications and WCR lost a High Court case over the issue in 2023. Regulations requiring central door locking have been in place for 27 years.

A Jacobite service also ran past a stop board close to a level crossing two years ago, while WCR angered passengers by using blue and grey ex-Inter-City coaches on some services rather than the usual maroon ones.

One of its trains derailed in June, halting ScotRail services on the line.

An ORR spokesperson said: “Following a number of incidents involving people leaning or reaching out of drop-light windows on moving trains, an improvement notice was issued requiring WCR to review its arrangements and to ensure that effective measures are implemented to address this issue.”

However, the Friends of the West Highland Lines called for an exemption.

Chair Hamish Baillie said: “Staff on the trains are doing their best to enforce the ruling but, with the best will in the world, staff cannot police all doors, especially when members of the public think regulations do not apply to them.

“If the issue is coming in contact with vegetation with the danger of losing mobile phones or cameras, or a danger of personal injury, then railway companies cannot be liable for individual stupidity.

“There should be an exemption to the rule whilst crossing the Glenfinnan Viaduct.”

WCR was approached for comment.

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