QUESTIONS THAT NEED ANSWERING (MARK ATKINSON)
Mark Atkinson, the biggest LIAR of the "Vile Gang of 9"! I am going to list many questions, even though I know you have absolutely no chance of being able to answer them. We all know WHY! Even you know this answer, because when everything is transparent where can you take cover? You need a solicitor to hide behind and the comfort of your little click. But believe me, I will never give up my pursuit for the truth and more importantly JUSTICE, I will be here for as long as it takes, you were a disgusting compulsive LIAR and this website is the utmost proof, otherwise I am quite sure that you and TransPennine Express would have used your solicitor and charged me with libel.
The questions are simple to answer if you understand the rule book, your companies contingency plans and your companies procedures even though most of these procedures are flawed. Basic railway intelligence is all that is required. Yet we all know that you couldn`t / won`t or are scared to even contemplate answering these questions. If you have absolutely nothing to hide and you acted in a proper manner then please answer these questions, however if you are afraid to answer these questions then you are obviously the LIAR that I have accused you of being, by not answering it proves you are GUILTY.
I have said all along, if someone called me a LIAR the amount of times that I have called you a LIAR on this website and I knew that I was innocent, I would have definitely challenged the person and taken legal action if they didn`t give me a public apology so that everyone could see that I was innocent of the alleged allegations. You however remain silent, that in itself is an admission of guilt, if you are a MAN, stand up for yourself. It is easy to shout someone down when you are in a position of power, but you made one big mistake, UNDERESTIMATION, an easy mistake when you hold all the ace`s, but when they start to fold, one by one, where does that leave you? I HAVE THE ANSWER, DO YOU?
Did you know that a real man can defend himself whereas a BULLY cannot!
QUESTIONS TO ANSWER MARK IF YOU ARE MAN ENOUGH
Why from the outset of my hearing was your behaviour aggressive and rude?
You may well have obtained a doctors report that said I was fit to attend a hearing, but with the following diagnosis, “with clear evidence of anxiety and depression” and although he stated that there is no medical reason not to attend this hearing do you honestly think that I could do myself justice?
When you read through my charges prior to this hearing, why didn`t question what type of warning horn failure the train had, as “a defective warning horn” is non specific?
This charge came from Barry Cook who got his information from the investigation report, why didn`t you speak with Barry Cook to ascertain what type of warning horn defect this train encountered?
Why therefore did you automatically assume the worst case scenario that it was a complete failure of the warning horn?
Where is there a document which states what a “repair book procedure” is?
Why didn’t you allow me to address each concern you had instead of rudely cutting me dead and rambling through all the charges in one go?
So straight from the outset, why did you charge me with something that never happened?
Which procedure states, “that I stop and report at the controlling signaller” for a partial failure of the warning horn?
Which procedure states, “that I reduce the train speed” for a partial failure of the warning horn?
Where can a procedure for reporting a “near miss” be found? Where is it?
Bearing in mind from my very first interview when I said, “there had NOT been a near miss”, how can I be charged with not following a procedure when this never happened?
You then stated, “so you failed to report a near miss incident”, how can I possibly report something that never happened?
You then stated, “you didn’t stop at the signal box or controlling signal”, again, how can I possibly report something that never happened?
You then stated, “you didn’t report it to the TOC control”, yet again, how can I possibly report something that never happened?
So straight from the outset, why did you charge me with something that never happened?
Which procedure states, “that I stop and report at the controlling signaller” for a partial failure of the warning horn?
Which procedure states, “that I reduce the train speed” for a partial failure of the warning horn?
Where can a procedure for reporting a “near miss” be found? Where is it?
Bearing in mind from my very first interview when I said, “there had NOT been a near miss”, how can I be charged with not following a procedure when this never happened?
You then stated, “so you failed to report a near miss incident”, how can I possibly report something that never happened?
You then stated, “you didn’t stop at the signal box or controlling signal”, again, how can I possibly report something that never happened?
You then stated, “you didn’t report it to the TOC control”, yet again, how can I possibly report something that never happened?
You also stated, “you failed to follow the correct procedure for reporting unit defects”, do we have a specific procedure for “reporting unit defects”, if so where can it be found?
I can only assume you mean the windscreen wiper and the noise from the door, if so, which procedure tells me to STOP and report them correctly?
I can only assume you mean the windscreen wiper and the noise from the door, if so, which procedure tells me to STOP and report them correctly?
You then state that, “the lack of correct reporting ALLOWED this unit to remain in service with the alleged faults”, if I had reported these faults to TPE control, would this train have stayed in service without any restrictions to its speed and continued its booked diagrammed work? WHY LIE?
Does the rule book state that this train should be removed from service? WHY LIE?
Do TPE contingency plans state that this train should be removed from service? WHY LIE?
Why when I stated that I have reported all of these issues previously did you state that you weren`t interested in previously? (A VALID POINT FOR LATER).
Why did you rudely dismiss the question from Steve Trumm about other drivers on that day in question possibly reporting any issues with that train?
Why all the way through this interrogation/hearing did you constantly make reference to not stopping and informing the signaller, yet the hearing outcome letter I receive never mentions this?
Is failing to report a train defect to control, that if reported would have made no difference whatsoever to the running of that train worthy of a charge of “gross misconduct”.
Did any other driver have an issue with any of the defects that I listed?
Where throughout my interviews and in the hearing with you did I ever imply that it was done to get “me noticed”? WHY LIE?
“Resulting in a train being taken out of service”, WHY LIE?
Throughout your repetitive questioning you kept saying, “do you think it is safe”. So Route Driver Manager Mark Atkinson, let me ask you,
There is absolutely no doubt or dispute that a partial and complete failure of the warning horn can occur at anytime with certain weather conditions, we all know that if a train has a partial failure of a warning horn, that train can stay in service all day without any restrictions to its
speed. So we only have one tone of a warning working and we are doing 100mph, we are also aware and know that at any moment the tone that is working could fail and proof of this is in the section, “Warning horns (The Shocking Truth)” and in YOUR OWN WORDS below.
YOUR OWN EVALUATION OF A WARNING HORN FAULT
"185 trains have two tones on their horns. If there is a partial failure, i.e. one of the horn tones fails but the other remains working, then the procedure for Drivers is to report the issue at the soonest convenience AS THERE IS ALWAYS THE POSSIBILITY THAT THE OTHER HORN WOULD FAIL"!
Does the rule book state that this train should be removed from service? WHY LIE?
Do TPE contingency plans state that this train should be removed from service? WHY LIE?
Why when I stated that I have reported all of these issues previously did you state that you weren`t interested in previously? (A VALID POINT FOR LATER).
Why did you rudely dismiss the question from Steve Trumm about other drivers on that day in question possibly reporting any issues with that train?
Why all the way through this interrogation/hearing did you constantly make reference to not stopping and informing the signaller, yet the hearing outcome letter I receive never mentions this?
Is failing to report a train defect to control, that if reported would have made no difference whatsoever to the running of that train worthy of a charge of “gross misconduct”.
Did any other driver have an issue with any of the defects that I listed?
Where throughout my interviews and in the hearing with you did I ever imply that it was done to get “me noticed”? WHY LIE?
“Resulting in a train being taken out of service”, WHY LIE?
Throughout your repetitive questioning you kept saying, “do you think it is safe”. So Route Driver Manager Mark Atkinson, let me ask you,
There is absolutely no doubt or dispute that a partial and complete failure of the warning horn can occur at anytime with certain weather conditions, we all know that if a train has a partial failure of a warning horn, that train can stay in service all day without any restrictions to its
speed. So we only have one tone of a warning working and we are doing 100mph, we are also aware and know that at any moment the tone that is working could fail and proof of this is in the section, “Warning horns (The Shocking Truth)” and in YOUR OWN WORDS below.
YOUR OWN EVALUATION OF A WARNING HORN FAULT
"185 trains have two tones on their horns. If there is a partial failure, i.e. one of the horn tones fails but the other remains working, then the procedure for Drivers is to report the issue at the soonest convenience AS THERE IS ALWAYS THE POSSIBILITY THAT THE OTHER HORN WOULD FAIL"!
So what happens when we encounter this scenario? It is a cold damp day and you already have a partial failure of the warning horn, you are travelling at 100mph which the contingency plans in conjunction with the rule book allow, when you encounter an area of bends and bridges, as you travel round one of these bends you see in front of you approximately 1000 feet away a group of track workers (this could be young children or anyone).
You immediately push your warning horn upwards, you get no response! Remembering at this speed you are travelling at 150 feet per second, (approx 7 seconds to impact). If you don`t actually freeze through the shock, (150 feet per second), you then push the lever downwards, (150 feet per second), nothing happens! Would or should anyone have to go through this sort of event? WHAT NEXT?
Spare a thought for the driver, the emergency service personnel, the police and the relatives and friends of the deceased, and all because a group of managers were IGNORANT! Does that make you feel proud? I might have been a pain to you and TPE where health & safety was, but it was always with the best intention, to prevent accidents, therefore trying to prevent injury or DEATH. For this I was CRUCIFIED.
So, Mark Atkinson, could the above actually happen?
If you say no, explain why not?
Would you say that the above scenario is actually, “putting the whole of the railway at risk”?
Have you done anything about this in terms of prevention?
If not, WHY NOT?
Do you think by ignoring this, it is the actions of a responsible person?
If not, WHY NOT?
Is this type of event CONTROLLABLE in traffic? YES/NO?
If yes, HOW?
If no, WHY NOT?
Regarding your statement, "185 trains have two tones on their horns. If there is a partial failure, i.e. one of the horn tones fails but the other remains working, then the procedure for Drivers is to
report the issue at the soonest convenience as there is always the possibility that the other horn would fail".
Because of your above statement, is it safe to run a train with a partially defective warning horn at 100mph or at any speed?
If yes, explain WHY?
If no, what have you done about this?
If you have done absolutely nothing are YOU putting the safety of everyone on the railway at risk?
Would you therefore agree that TPE contingency plans are putting peoples lives at risk?
If no, please explain why not?
How can you explain the following? “Reporting a near miss to ensure that faults get rectified, a clear false allegation that was premeditated“.
How would this “ensure”, that faults would be rectified?
How was my actions, what proof do you have that it was, “premeditated”?
Do you think that a “professional person”, would ignore years of reports that highlighted serious safety concerns?
Why didn`t alarm bells start ringing when I said, that 99% of your drivers never report anything?
Where did my charge all of a sudden become, “a malicious false allegation”? “malicious”?
Why do you think that Steve Trumm said, “this isn`t a reading of the charges, this is an investigation”?
Why was you so rude and hostile to myself and Steve Trumm?
Why didn’t you have a clue about what holidays I had?
Why weren’t you aware that I hadn’t been granted parental leave?
Why were even you unsure about whether my sick notes covered me, especially as you said, “it might cover you”?
If my charges were so serious as to warrant gross misconduct why didn`t you have a clue which area`s of gross misconduct from your disciplinary procedures I had supposedly breached?
Why did it take you an eternity to try and answer the following question, “Define your company`s definition of gross misconduct”?
You immediately push your warning horn upwards, you get no response! Remembering at this speed you are travelling at 150 feet per second, (approx 7 seconds to impact). If you don`t actually freeze through the shock, (150 feet per second), you then push the lever downwards, (150 feet per second), nothing happens! Would or should anyone have to go through this sort of event? WHAT NEXT?
Spare a thought for the driver, the emergency service personnel, the police and the relatives and friends of the deceased, and all because a group of managers were IGNORANT! Does that make you feel proud? I might have been a pain to you and TPE where health & safety was, but it was always with the best intention, to prevent accidents, therefore trying to prevent injury or DEATH. For this I was CRUCIFIED.
So, Mark Atkinson, could the above actually happen?
If you say no, explain why not?
Would you say that the above scenario is actually, “putting the whole of the railway at risk”?
Have you done anything about this in terms of prevention?
If not, WHY NOT?
Do you think by ignoring this, it is the actions of a responsible person?
If not, WHY NOT?
Is this type of event CONTROLLABLE in traffic? YES/NO?
If yes, HOW?
If no, WHY NOT?
Regarding your statement, "185 trains have two tones on their horns. If there is a partial failure, i.e. one of the horn tones fails but the other remains working, then the procedure for Drivers is to
report the issue at the soonest convenience as there is always the possibility that the other horn would fail".
Because of your above statement, is it safe to run a train with a partially defective warning horn at 100mph or at any speed?
If yes, explain WHY?
If no, what have you done about this?
If you have done absolutely nothing are YOU putting the safety of everyone on the railway at risk?
Would you therefore agree that TPE contingency plans are putting peoples lives at risk?
If no, please explain why not?
How can you explain the following? “Reporting a near miss to ensure that faults get rectified, a clear false allegation that was premeditated“.
How would this “ensure”, that faults would be rectified?
How was my actions, what proof do you have that it was, “premeditated”?
Do you think that a “professional person”, would ignore years of reports that highlighted serious safety concerns?
Why didn`t alarm bells start ringing when I said, that 99% of your drivers never report anything?
Where did my charge all of a sudden become, “a malicious false allegation”? “malicious”?
Why do you think that Steve Trumm said, “this isn`t a reading of the charges, this is an investigation”?
Why was you so rude and hostile to myself and Steve Trumm?
Why didn’t you have a clue about what holidays I had?
Why weren’t you aware that I hadn’t been granted parental leave?
Why were even you unsure about whether my sick notes covered me, especially as you said, “it might cover you”?
If my charges were so serious as to warrant gross misconduct why didn`t you have a clue which area`s of gross misconduct from your disciplinary procedures I had supposedly breached?
Why did it take you an eternity to try and answer the following question, “Define your company`s definition of gross misconduct”?
And again, "A statement from the Managing Director, Vernon Barker, from August 2006, “I have pledged my full backing to Injury Prevention Programme and believe that it will assist in generating a positive safety culture throughout First Transpennine Express”. Is IGNORANCE a way of promoting a positive safety culture?
And again. "Our commitment to the safety of our employees and customers through Injury Prevention means if you can`t do it safely, don`t do it”.
Can`t do it safely, don`t do it: Take a look at this scenario, a driver sets off on a journey, it’s a cold damp day, like many days we have in this country. You already have a partial failure of the warning horn. His speed builds up to 100mph, he enters an area of twists and turns, with many bridges spanning the railway, as he approaches a left bend, he goes under a bridge, suddenly not 1000ft away are a gang of track workers, he pushes his warning horn lever upwards, he gets no response, (remember the train is still moving at 100mph, at that speed, you travel 150 feet per second), when he gets over the initial shock of no response if he doesn`t freeze, he presses the lever down, again there is no response, (your still travelling at 100mph, 150 feet per second), what next? Myself personally, I can only hope and pray that this never happens, not only would the relatives of the deceased be distraught but think of the driver and what impact it would have on him. Then spare a thought for the police, ambulance and anyone else who has to take the body away and clean the mess up.
Is it SAFE to allow trains with defective warning horns that can stop working without warning at anytime during a journey to remain in service when the above scenario is a distinct possibility?
Can`t do it safely, don`t do it: Take a look at this scenario, a driver sets off on a journey, it’s a cold damp day, like many days we have in this country. You already have a partial failure of the warning horn. His speed builds up to 100mph, he enters an area of twists and turns, with many bridges spanning the railway, as he approaches a left bend, he goes under a bridge, suddenly not 1000ft away are a gang of track workers, he pushes his warning horn lever upwards, he gets no response, (remember the train is still moving at 100mph, at that speed, you travel 150 feet per second), when he gets over the initial shock of no response if he doesn`t freeze, he presses the lever down, again there is no response, (your still travelling at 100mph, 150 feet per second), what next? Myself personally, I can only hope and pray that this never happens, not only would the relatives of the deceased be distraught but think of the driver and what impact it would have on him. Then spare a thought for the police, ambulance and anyone else who has to take the body away and clean the mess up.
Is it SAFE to allow trains with defective warning horns that can stop working without warning at anytime during a journey to remain in service when the above scenario is a distinct possibility?
“We are committed to making FTPE a safe place for you and our customers at all times. We can improve our already good safety record through, using the Injury Prevention principles and recording safety conversations” & “Improving accident investigation and safety briefs to our staff”.
How can you possibly improve a safety brief when they were non existent?
“If you follow the Injury Prevention principles and report unsafe conditions and challenge unsafe behaviours it will help us improve safety” & “The only way to avoid accidents is to do things the
safe way. Always” & “even if it takes a bit longer or needs more thought or preparation”.
would you agree that the "SUMMIT TUNNEL ACCIDENT" was preventable if you took the advice from my reports about ice in tunnels?
“If you can see the same old problem which regularly happens and you think we can be smarter and slicker, lets us know”.
Can you explain how TPE have the nerve to write such propaganda as above?
How many repeat issues did I let you know about?
Take a look at this statement you made, "33 Mr Webb also referred to recent incidents where defects had not been reported by other Drivers but did not provide examples. He initially alleged that those employees were as guilty as he was but after discussion, he agreed that his actions had differed to the comparators he raised in that he had reported an incident which did not take place.
WHY BLATANTLY LIE?
Did I put in front of you specific reports which you classed as "previous", YES/NO?
IF no, why would the following statement be in the minutes, “ There’s so many of these reports that will not have been rung in and dealt with properly. Some of these here, with what the
drivers say”?
If yes, is this not evidence beyond any reasonable doubt that you are a BLATANT LIAR?
Take a look at the hearing minutes and the conversation between numbers 168 to 176, you actually referred to a report I was showing you as "previous", so why does your witness statement say, "BUT DID NOT PROVIDE EXAMPLES"?
WHY would you have to LIE? WHY did you LIE?
Where did I agree, "that my actions differed"?
Do you think that if I had of got feedback from my numerous reports, this event would have happened?
Do you have any idea how stress is caused through ignorance?
Why did you constantly interrupt me whenever I tried to make a point?
"If your so concerned about this train having faults on it, at the point when you arrived in York, that is the time and place to make sure the train doesn`t go any further".
When has a drivers concern been allowed to have any train removed from traffic?
Is this an actual laid down procedure?
Why wasn`t Darlington or Northallerton the place to make sure that train didn`t go any further?
Why in your mind York?
Does the rule book state that that train should come out of service for a partially defective warning horn?
Do the contingency plans state that that train should come out of service for a partially defective warning horn?
Does it concern you that a train can run with a partially defective warning horn?
If reported to control, would that train have been removed from traffic?
37 "In relation to charge one, I found that it had been proven that he had failed to follow the correct procedure for reporting a defective warning horn as he had not done so as soon as the matter arose and that as a result of this action the train had stayed in service which was a risk to those on or about the railway infrastructure".
In which rule or procedure does it tell me to report a partial failure of the warning horn straight away?
Do you consider a train that runs around with a partial failure of the warning horn, "a risk to those on or about the railway infrastructure"?
Why do you still refer to the warning horn as a "defective warning horn", it is either a partial or complete failure?
How can you possibly improve a safety brief when they were non existent?
“If you follow the Injury Prevention principles and report unsafe conditions and challenge unsafe behaviours it will help us improve safety” & “The only way to avoid accidents is to do things the
safe way. Always” & “even if it takes a bit longer or needs more thought or preparation”.
would you agree that the "SUMMIT TUNNEL ACCIDENT" was preventable if you took the advice from my reports about ice in tunnels?
“If you can see the same old problem which regularly happens and you think we can be smarter and slicker, lets us know”.
Can you explain how TPE have the nerve to write such propaganda as above?
How many repeat issues did I let you know about?
Take a look at this statement you made, "33 Mr Webb also referred to recent incidents where defects had not been reported by other Drivers but did not provide examples. He initially alleged that those employees were as guilty as he was but after discussion, he agreed that his actions had differed to the comparators he raised in that he had reported an incident which did not take place.
WHY BLATANTLY LIE?
Did I put in front of you specific reports which you classed as "previous", YES/NO?
IF no, why would the following statement be in the minutes, “ There’s so many of these reports that will not have been rung in and dealt with properly. Some of these here, with what the
drivers say”?
If yes, is this not evidence beyond any reasonable doubt that you are a BLATANT LIAR?
Take a look at the hearing minutes and the conversation between numbers 168 to 176, you actually referred to a report I was showing you as "previous", so why does your witness statement say, "BUT DID NOT PROVIDE EXAMPLES"?
WHY would you have to LIE? WHY did you LIE?
Where did I agree, "that my actions differed"?
Do you think that if I had of got feedback from my numerous reports, this event would have happened?
Do you have any idea how stress is caused through ignorance?
Why did you constantly interrupt me whenever I tried to make a point?
"If your so concerned about this train having faults on it, at the point when you arrived in York, that is the time and place to make sure the train doesn`t go any further".
When has a drivers concern been allowed to have any train removed from traffic?
Is this an actual laid down procedure?
Why wasn`t Darlington or Northallerton the place to make sure that train didn`t go any further?
Why in your mind York?
Does the rule book state that that train should come out of service for a partially defective warning horn?
Do the contingency plans state that that train should come out of service for a partially defective warning horn?
Does it concern you that a train can run with a partially defective warning horn?
If reported to control, would that train have been removed from traffic?
37 "In relation to charge one, I found that it had been proven that he had failed to follow the correct procedure for reporting a defective warning horn as he had not done so as soon as the matter arose and that as a result of this action the train had stayed in service which was a risk to those on or about the railway infrastructure".
In which rule or procedure does it tell me to report a partial failure of the warning horn straight away?
Do you consider a train that runs around with a partial failure of the warning horn, "a risk to those on or about the railway infrastructure"?
Why do you still refer to the warning horn as a "defective warning horn", it is either a partial or complete failure?
"38 In relation to charge two, I found that it had been proven. It was clear that Mr Webb had failed to follow the correct procedure for reporting a near miss incident as he had not completed the form correctly and had not reported the incident to Control or the signaller as soon as it had allegedly occurred. I also noted that he had admitted that he had fabricated the incident, had shown no remorse for his actions, indicated that he had previously fabricated other incidents and that ultimately he had lied to the Company.
Did a near miss actually occur?
Did you read the investigation report that clearly states there had NOT been a near miss?
Where can I find the written down procedure for reporting a near miss?
Did you report the "near miss" through RIDDOR?
If you didn`t report it, WHY NOT?
Or is the reason you never reported it via RIDDOR because there was no near miss?
What form are you talking about, "as he had not completed the form correctly"?
Where did I ever say that I had previously fabricated other incidents?
Don`t you think that you are not only lying to me and the tribunal judges but also to your own company?
Or are YOUR LIE`S a fabrication by me?
Why didn`t you know whether an NRN radio transmission will show up on a download?
Why did Stephen Percival produce the download data and clearly state that no call or attempted call was made using the NRN radio?
You constantly make then point that I am concerned about the state of the train, yet my concerns go back years with documented proof, if my concerns got me absolutely nowhere then, why would they get me anywhere now?
You stated, “not to worry about people getting on and off with cases, deal with what you think is right”. How could I be rude and ignore people getting on a train with their cases when the train was not going to Manchester Airport?
I had no concerns whatsoever that the warning horn wouldn`t work, so don`t you think that I dealt with what I did think was right? I made the same decision that I had made hundreds of times previously.
Did I not make it perfectly clear about the confusion at York?
I was informed that the train was going to be driven from the other cab and was going to
Middlesborough, would a partially defective warning horn in the rear cab stop this train from proceeding?
On - going training in the form of safety briefs, what did you do after you found out that I had 3 safety briefs in 5 years? Did you ask questions about the system in place?
I also explained to you that the so called safety encounters were a waste of time due to the way they were delivered, did you take any notice and do anything about this?
Why the rudeness? “When Joe Bloggs wants to go home”, I was explaining the stark reality of the
situation, safety encounters at the end of a drivers shift, in their own time does not work.
Why all of a sudden after 3 years of warning horn problems does, "No fault found or working on arrival at depot shall no longer be acceptable answers ”?
If a warning horn that was a partial failure suddenly starts functioning normally what would TPE control have done about this if informed?
Would the train have been removed from traffic?
Where did you get the information from to suggest the following, "If you are so serious to start making a song and dance about trying to get it out of traffic for a near miss”?
Please show me where I ever attempted to get that train out of traffic?
Where did I create a “song and dance” ,to have this train removed from service?
Would your contingency plans allow this to be removed from service?
So why once again did you LIE?
Did a near miss actually occur?
Did you read the investigation report that clearly states there had NOT been a near miss?
Where can I find the written down procedure for reporting a near miss?
Did you report the "near miss" through RIDDOR?
If you didn`t report it, WHY NOT?
Or is the reason you never reported it via RIDDOR because there was no near miss?
What form are you talking about, "as he had not completed the form correctly"?
Where did I ever say that I had previously fabricated other incidents?
Don`t you think that you are not only lying to me and the tribunal judges but also to your own company?
Or are YOUR LIE`S a fabrication by me?
Why didn`t you know whether an NRN radio transmission will show up on a download?
Why did Stephen Percival produce the download data and clearly state that no call or attempted call was made using the NRN radio?
You constantly make then point that I am concerned about the state of the train, yet my concerns go back years with documented proof, if my concerns got me absolutely nowhere then, why would they get me anywhere now?
You stated, “not to worry about people getting on and off with cases, deal with what you think is right”. How could I be rude and ignore people getting on a train with their cases when the train was not going to Manchester Airport?
I had no concerns whatsoever that the warning horn wouldn`t work, so don`t you think that I dealt with what I did think was right? I made the same decision that I had made hundreds of times previously.
Did I not make it perfectly clear about the confusion at York?
I was informed that the train was going to be driven from the other cab and was going to
Middlesborough, would a partially defective warning horn in the rear cab stop this train from proceeding?
On - going training in the form of safety briefs, what did you do after you found out that I had 3 safety briefs in 5 years? Did you ask questions about the system in place?
I also explained to you that the so called safety encounters were a waste of time due to the way they were delivered, did you take any notice and do anything about this?
Why the rudeness? “When Joe Bloggs wants to go home”, I was explaining the stark reality of the
situation, safety encounters at the end of a drivers shift, in their own time does not work.
Why all of a sudden after 3 years of warning horn problems does, "No fault found or working on arrival at depot shall no longer be acceptable answers ”?
If a warning horn that was a partial failure suddenly starts functioning normally what would TPE control have done about this if informed?
Would the train have been removed from traffic?
Where did you get the information from to suggest the following, "If you are so serious to start making a song and dance about trying to get it out of traffic for a near miss”?
Please show me where I ever attempted to get that train out of traffic?
Where did I create a “song and dance” ,to have this train removed from service?
Would your contingency plans allow this to be removed from service?
So why once again did you LIE?
Who really lets trains remain in traffic for a partial failure of the warning horn, the drivers or TPE management?
If you still stand by the following statement, "I don`t think you will find a fleet in the country that doesn`t struggle with it because of the positioning of the horn`s because they are exposed to the elements”, what have you personally done to address this problem?
Does this part of your competency, “That any unsafe activity is immediately stopped and prevented from continuing until adequate measures have been taken to reduce the risk associated with that activity to as low as reasonably practicable”, not come into play?
Do you think that your own behaviour and wording below regarding the warning horn,
Number 1. Accepting responsibility for your own safety and for the safety of those working around you.
2. Number 3. Reporting anything you think is unsafe, no matter how small you think it may be.
3. Number 8. Zero tolerance of unsafe behaviours at all levels of the organisation.
Is acceptable especially regarding the above 3 safety statements from your management?
You asked the following question, "Could you control the situation? If you were the driver and your horn is partially defective, fully defective, is it controllable? Safely? Is that situation controllable in a safe manner”? And then you asked me why "I didn`t restrict my speed". Did I not fully explain earlier that it was only a partial failure of the warning horn?
Then you asked, “If it was really unsafe, you thought you would have done, wouldn`t you”? I am going to show the scenario situation again for anyone reading this to judge for themselves. Bearing in mind that what I thought would make no difference whatsoever to whether these trains ran or not.
YOUR OWN THOUGHTS , ROUTE DRIVER MANAGER MARK ATKINSON, on a partially defective warning horn and what could happen are, "185 trains have two tones on their horns. If there is a partial failure, i.e. one of the horn tones fails but the other remains working, then the procedure for Drivers is to report the issue at the soonest convenience AS THERE IS ALWAYS THE POSSIBILITY THAT THE OTHER HORN WOULD FAIL".
DIG YOUR HOLE MARK ATKINSON! “There is always the possibility that the other horn would fail".
So what happens when we encounter this scenario? It is a cold damp day, You have a partial failure of the warning horn, you are travelling at 100mph when you encounter an area of bends and bridges, as you travel round one of these bends you see in front of you approximately 1000 feet away a group of track workers (this could be young children or anyone), you immediately push your warning horn upwards, you get no response!
Remembering at this speed you are travelling at 150 feet per second, (approx 7 seconds to impact). If you don`t actually freeze through the shock, (150 feet per second), you then push the lever downwards, (150 feet per second), nothing happens! Would or should anyone have to go through this sort of event? WHAT NEXT, spare a thought for the driver, the emergency service personnel, the police and the relatives and friends of the deceased, and all because a group of managers were IGNORANT!
So I ask you Mark Atkinson, why didn`t you do something about this especially as I have proven beyond any reasonable doubt that running a train with a partially defective warning horn has the potential to KILL. Remember it is YOU that stated, “as there is always the possibility that the other horn would fail".
“I am trying to understand the whole picture of why he has had these chances to make a song and dance as he put it”. Who puts it? Please explain what you mean by this statement?
Steve Trumm asked you this, "Perry has run a train in public service which should not have run. Is that the position you occupy”? Do you still agree that the train in question should not have run?
We are so far into this hearing and you say, “I am trying to understand events on this day why he acted like he did”, Hadn`t I already explained this to you?
Steve Trumm asked you, “what do we do to operate to the standards you want to operate with these trains, do you want that pulled every time there is a horn defect”? Your response was,
I don`t know and I don`t think that is for debate in this forum”.
Yet right at the beginning of this hearing you said, “and that’s why in reading the charges out,
and reading out exactly what he should have done, I`ll understand why he didn`t do that”. Why were you so totally confused, why did you keep charging me with a complete failure when I had stated time and time again it was a PARTIAL failure?
Can you explain the meaning of, “there are the guys that put the defects in the book, until they do that they do not know what is wrong with that train”? Because this does not make any sense
whatsoever.
So are you basically saying that failure to report a partial failure of the warning horn in other words, failure to comply with instructions to report is a gross misconduct charge?
Why when Steve Trumm asked you which specific instructions did you reply, “that they report correctly”?
You stated, “I do not mind him having a focus on safety as long as it`s conducted properly”,
how many years of conducting a focus on safety do you require before I was to get an answer, we had already gone 3 years, how many more years would it have taken?
We get this far into a hearing and you ask, “Why the need to do it? “Why go down the road”. Don`t you think that I have already said enough on this issue?
You asked the question, “what prevents this frustration from building up again and you doing it again”? Do you really need me to explain this answer?
Don`t you think that the only reason I am in this position is the answer to your question?
How could you state, “I can understand your frustration because clearly it`s there” ?
Can you answer why I had this frustration?
I pointed out that in the repair slips I had with me, there would be many that have not been rang in to control. Therefore not following the same so called procedure I apparently didn`t follow.
Why didn`t you follow this up?
Was it because you knew that I was telling the truth and the repair slips would mean other drivers being charged with gross misconduct?
MORE QUESTIONS ON PAGE 2:
If you still stand by the following statement, "I don`t think you will find a fleet in the country that doesn`t struggle with it because of the positioning of the horn`s because they are exposed to the elements”, what have you personally done to address this problem?
Does this part of your competency, “That any unsafe activity is immediately stopped and prevented from continuing until adequate measures have been taken to reduce the risk associated with that activity to as low as reasonably practicable”, not come into play?
Do you think that your own behaviour and wording below regarding the warning horn,
Number 1. Accepting responsibility for your own safety and for the safety of those working around you.
2. Number 3. Reporting anything you think is unsafe, no matter how small you think it may be.
3. Number 8. Zero tolerance of unsafe behaviours at all levels of the organisation.
Is acceptable especially regarding the above 3 safety statements from your management?
You asked the following question, "Could you control the situation? If you were the driver and your horn is partially defective, fully defective, is it controllable? Safely? Is that situation controllable in a safe manner”? And then you asked me why "I didn`t restrict my speed". Did I not fully explain earlier that it was only a partial failure of the warning horn?
Then you asked, “If it was really unsafe, you thought you would have done, wouldn`t you”? I am going to show the scenario situation again for anyone reading this to judge for themselves. Bearing in mind that what I thought would make no difference whatsoever to whether these trains ran or not.
YOUR OWN THOUGHTS , ROUTE DRIVER MANAGER MARK ATKINSON, on a partially defective warning horn and what could happen are, "185 trains have two tones on their horns. If there is a partial failure, i.e. one of the horn tones fails but the other remains working, then the procedure for Drivers is to report the issue at the soonest convenience AS THERE IS ALWAYS THE POSSIBILITY THAT THE OTHER HORN WOULD FAIL".
DIG YOUR HOLE MARK ATKINSON! “There is always the possibility that the other horn would fail".
So what happens when we encounter this scenario? It is a cold damp day, You have a partial failure of the warning horn, you are travelling at 100mph when you encounter an area of bends and bridges, as you travel round one of these bends you see in front of you approximately 1000 feet away a group of track workers (this could be young children or anyone), you immediately push your warning horn upwards, you get no response!
Remembering at this speed you are travelling at 150 feet per second, (approx 7 seconds to impact). If you don`t actually freeze through the shock, (150 feet per second), you then push the lever downwards, (150 feet per second), nothing happens! Would or should anyone have to go through this sort of event? WHAT NEXT, spare a thought for the driver, the emergency service personnel, the police and the relatives and friends of the deceased, and all because a group of managers were IGNORANT!
So I ask you Mark Atkinson, why didn`t you do something about this especially as I have proven beyond any reasonable doubt that running a train with a partially defective warning horn has the potential to KILL. Remember it is YOU that stated, “as there is always the possibility that the other horn would fail".
“I am trying to understand the whole picture of why he has had these chances to make a song and dance as he put it”. Who puts it? Please explain what you mean by this statement?
Steve Trumm asked you this, "Perry has run a train in public service which should not have run. Is that the position you occupy”? Do you still agree that the train in question should not have run?
We are so far into this hearing and you say, “I am trying to understand events on this day why he acted like he did”, Hadn`t I already explained this to you?
Steve Trumm asked you, “what do we do to operate to the standards you want to operate with these trains, do you want that pulled every time there is a horn defect”? Your response was,
I don`t know and I don`t think that is for debate in this forum”.
Yet right at the beginning of this hearing you said, “and that’s why in reading the charges out,
and reading out exactly what he should have done, I`ll understand why he didn`t do that”. Why were you so totally confused, why did you keep charging me with a complete failure when I had stated time and time again it was a PARTIAL failure?
Can you explain the meaning of, “there are the guys that put the defects in the book, until they do that they do not know what is wrong with that train”? Because this does not make any sense
whatsoever.
So are you basically saying that failure to report a partial failure of the warning horn in other words, failure to comply with instructions to report is a gross misconduct charge?
Why when Steve Trumm asked you which specific instructions did you reply, “that they report correctly”?
You stated, “I do not mind him having a focus on safety as long as it`s conducted properly”,
how many years of conducting a focus on safety do you require before I was to get an answer, we had already gone 3 years, how many more years would it have taken?
We get this far into a hearing and you ask, “Why the need to do it? “Why go down the road”. Don`t you think that I have already said enough on this issue?
You asked the question, “what prevents this frustration from building up again and you doing it again”? Do you really need me to explain this answer?
Don`t you think that the only reason I am in this position is the answer to your question?
How could you state, “I can understand your frustration because clearly it`s there” ?
Can you answer why I had this frustration?
I pointed out that in the repair slips I had with me, there would be many that have not been rang in to control. Therefore not following the same so called procedure I apparently didn`t follow.
Why didn`t you follow this up?
Was it because you knew that I was telling the truth and the repair slips would mean other drivers being charged with gross misconduct?
MORE QUESTIONS ON PAGE 2: