In December 2015, the Office of Rail and Road initiated a prosecution against the driver of the train and WCRC for offences under the Health and Safety at Work Act 1974.

[3] An emergency brake application occurred on the train after it had passed over the magnet because the driver failed to press the AWS cancelling button within 2.7 seconds.

This had the effect of isolating both the AWS and the Train Protection & Warning System (TPWS), rendering them unable to apply the brakes.

Although the driver was permitted to operate the isolating cock under certain fault conditions, he did not follow the British Railway Rule Book protocol or inform the signaller that he had done so.

By the time the driver saw this, there was insufficient distance available to stop the train,[1] which eventually came to a stand on the junction some 700 yards (640 m) past the signal.

[7] Before he was relieved from driving duties, the driver of the charter train claimed that signal SN43 had displayed a green (proceed) aspect.

The December 2010 SPAD was rated at 26, and was at Uphill Junction, Somerset, on the Bristol to Exeter line when a passenger train overran a signal by 180 yards (160 m).

During an empty coaching stock movement to St Philip's Marsh depot, the emergency brake applied because the driver did not cancel an AWS warning in the allotted time.

On leaving St Philip's Marsh, a similar incident occurred, and the AWS isolating cock was opened again.

The rules require that the train is brought to a stand and the signaller contacted in the event of an AWS brake application.

Due to there being insufficient distance to stop, the train overran the signal by 600 yards (550 m) and came to a stand across Wootton Basset Junction.

However, by the time the train arrived at Swindon, it was understood that signal SN45 had been passed at danger without authority and the driver was relieved of his duties.

[1] One aspect of the investigation was whether the seals on the TPWS equipment were already broken before the train departed from Bristol, or were not in place at the time.

[17] The ORR subsequently charged WCRC and the driver of the train with various offences under the Health and Safety at Work Act 1974.

The ORR's opinion was that WCRC's Safety Management System "is not able to ensure that services are being operated, designed or maintained safely".

It raised the issue with the Access Disputes Committee (ADC), calling Network Rail's actions "partial and malicious".

The Suspension Notice was later partly lifted, allowing operation on routes where there was deemed not to be an enhanced fire risk.

The ADC found that WCRC's Safety Management System was deficient due to confusion over whether or not the crew of the train had been informed of the increased fire risk.

[30] Steam Railway editor Howard Johnston said that the aftermath of the SPAD represented "possibly the greatest challenge to our movement".

[28] ASLEF General Secretary Mick Whelan called for better regulation of crew driving charter trains.

[35] In May 2015, Abellio ScotRail announced that as a result of the ban, it was reconsidering its decision to give WCRC preferred bidder status for a contract to run steam trains on the Waverley Line, which was scheduled to reopen between Edinburgh and Tweedbank in September 2015.

[36] In June 2015, it was reported that the ORR was planning to call a "Safety Summit" involving operators of charter trains on NR tracks.

It was reported that one proposal to be put forward by the ORR was that all charter trains be limited to a maximum of eleven carriages.

A reduction in train weight would make acceleration rates a little faster and reduce the need to work locomotives so hard.

[7] Rail contributor Pip Dunn said that WCRC refused to talk to journalists when negative stories concerning the company were being reported, yet was happy to when publicising a charter it was running.

[3] On 28 May, WCRC issued a press release apologising for the distress, disappointment and inconvenience caused by the incident and events arising from it.

[17][44][46][47][48] On 2 October 2015, Black 5 steam locomotive 45231 Sherwood Forester was working a WCRC special through Doncaster when it was noticed that its TPWS had been isolated by the fireman.

[50][51] On 17 February 2016, the ORR served a Prohibition Notice on WCRC, citing a further seven incidents which had occurred since the SPAD at Wootton Bassett.

[52] On 9 December 2015, the ORR announced that WCRC and the driver of the train were to be prosecuted for offences contrary to the Health and Safety at Work Act 1974.

The case was committed to Swindon Crown Court, where it was scheduled to be heard on 19 February; unconditional bail was granted to Cox.