The enactment of the Carriage of Passengers by Road Act 19741 completes the story of government recognition of international conventions relating to road transport started in 1965 with the passing of the Carriage of Goods by Road Act.2 While these two aspects of road transport have received statutory recognition, the carriage of passengers and goods by rail have been left at International Convention level,3 ratified by the United Kingdom government but not enacted. But by virtue of the contractual freedom afforded to the British Railways Board by the Transport Act 1962 the provisions of the conventions have been incorporated into standard form contracts in this country. It should be noted, however, that an Additional Convention on the Carriage of Passengers and their Luggage by Rail was ratified by the United Kingdom and enacted and incorporated into our domestic law by the Carriage by Railway Act 1972.

The purpose of this article is to examine the rules relating to the carriage of passengers and their luggage under the 1972 and 1974 Acts.

The Act is concerned with those matters relating to the death or injury of passengers and damage to or loss of articles they have in their possession on international journeys. Liability is incurred for death, bodily injury or loss of property unless the railway authority can show that such eventualities were unconnected with the operation of the railway and were circumstances that could not be prevented.

Liability is incurred when the passenger is in, entering or alighting from the train. A defence is afforded, however, if it can be shown that the passenger was in some way to blame for his own injury or death. Such contributory negligence will be taken into account when assessing the railway’s liability. Again, the railway authority can avoid liability if the accident was due to the behaviour of a third party over whom the authority had no control.

When death results the authority will be responsible for all necessary expenses, such as the cost of transporting the body and the cost of burial or cremation. The more