Charter facemasks
DfT and Transport Scotland confirm that the wearing of face coverings is mandatory on charter trains.
THE Department for Transport and Transport Scotland have confirmed that the legislation regarding the mandatory wearing of face coverings on public transport does include charter train passengers.
Until now, the UK Government had issued conflicting statements on the regulations for passengers wearing face coverings on charter trains.
The Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020, introduced on June 15, contain a ‘case-by-case’ approach to an aspect of the rules surrounding the consumption of food and drink onboard, which left the door open for different interpretations of the regulations ( RAIL 909).
However, a DfT email that has been seen by RAIL states:
“The current legislation on the wearing of face coverings on public transport states that a face covering should be worn on any service for the carriage of passengers from place to place which is available to the general public (whether or not payment is required for this service). These regulations include heritage rail, as these trains transport people from place to place and are available to the general public on purchase of a ticket; and the exemptions in the legislation do not apply in this context.”
The charter industry had been lobbying for exemption on the basis that seating plans can be arranged to socially-distance passengers from each other.
However, the DfT email goes on to explain the Department’s requirement for masks: “The reason for this measure is that trains are enclosed spaces where the risk of transmission is high, and therefore wearing face coverings could improve the protections for passengers and employees.”
The DfT email continues: “The legislation states that masks may be removed ‘if it is reasonably necessary to eat or drink’. Organisations will need to fully consider if the nature of the train journeys they are providing would fall within the spirit of this exemption. Any measures put in place to ensure the safety of
passengers should be taken following a risk assessment.”
There has been growing confusion within the sector, since charters have slowly returned to the national network from July 15.
Promoters Saphos Trains, Statesman Rail and Rail Charter Services have not required passengers to wear face coverings onboard, whether they are in a dining class or not.
All three promotors are aligned to Locomotive Services Limited, and the Crewe-based operator previously told RAIL that it is not flouting the above regulations and that the Office of Rail and Road is happy with its approach ( RAIL 910). However, the ORR does not have the power to set the rules on whether or not coverings are required.
North of the border,
Transport Scotland guidance seen by RAIL confirmed that its face-covering regulations also apply to charter trains, with the document adding there is a clause that states: “You may remove your face covering if you need to take medication or to eat or drink where reasonably necessary.”
The guidance also effectively confirms that multi-course meals are able to be served to passengers travelling in dining classes.
“For the purposes of eating and drinking, which will be a main attraction for patrons, it would be acceptable to interpret that as a reasonable necessity. For those parts of the journey, however, where food and drink is not being consumed a face covering should be worn in accordance with the guidance/legislation,” the communication says.