Ladysmith Railway Station, Tumbarumba Road
Ladysmith, Via Wagga Wagga
 
 
Public Liability Crisis and Tumbarail
 
Yes, what you have heard in the media lately is true. On April 30, Tumbarail's access agreement with Rail Infrastructure Corporation will expire, as will our current Public Liability policy. This means that without a current insurance policy, we are unable to sign a 12 month extension to our Access Agreement with RIC.
 
In our association with the Regional Heritage Transport Association Junee (Roundhouse Museum Junee), Tumbarail have a current insurance policy. The best price we had initially received for another policy was up to $30,000 for 12 months cover. The current price going is now $5,200 from a Wollongong insurer. At present, this price is still out of our range. To afford to pay this, we would need to take $420 a month, not including our regular visits from Schools, Community Groups, etc and yet, this monthly figure does not include other incidentals such as rent, water, rates, taxes, vehicle repairs and upkeep. Even with our best days, we are far from able to raise the funds required to pay for such cover, let alone save for other bills such as water, rates, leases and other materials required to pay for repairs to the yard, line and vehicles.
 
All avenues have now been pursued and none remain - this includes the Insurer started by the NSW Labor Government, Community Care Underwriting (CCU). It should be noted that all our rail vehicles are inspected and approved by the NSW Department of Transport yearly, and that we have enjoyed an injury free record since the time we first started work, even before the first passenger was carried. All our members (they are all volunteers) are trained and are kept up-to-date on the latest aspects, rules and regulations of rail safety.
 
April 18, 2003
 
On April 8 at 3.57pm, Tumbarail along with the 5 other groups in NSW received a facsimile from Jacquelene Irwin of Rail Infrastructure Corporation. (The other groups in NSW being Crookwell, Guyra, Armidale, Glen Innes and Tenterfield - see our links page for their sites) The main hurdle is now back to the Insurers. In RICs words, "The CCU Insurance meets all RIC's requirements except Clause 9.3(a) - the requirement for RIC to be named as one of the insured. Listing RIC as an 'other party' and 'principal' is not the same and does not meet RIC's requirements" is the specific wording of the fax received. It has now been stated by RIC that the reason for insisting to be named co-insured is so that if Tumbarail or any other operator were to dissolve and a claim had been made in the 2 years previous and were ongoing, then RIC would take over the claim, and not issues as previously thought. 
 
Recently, support has come from the Ladysmith Progress Association who have expressed interest in continuing our restoration work should we depart.
 
Presently, it is anticipated that we will not be out of action for more than a few months, however this does hinge on RIC and the Insurers coming to an agreement with wording of a policy.
 
April 28, 2003
 
A meeting is planned between RIC and CCU for tomorrow, April 29 and is expected to discuss the insurance matter further. After a visit from the Local Member for Wagga Wagga, Daryl Maguire at our last weekend run on April 26, he mentioned that he has written to Michael Costa, Minister for Transport to discuss our plight, and that of others within NSW. We expect to hear the result of this meeting by the end of the day on April 29.
 
LATEST UPDATE - APRIL 29, 2003
 
The meeting between RIC and CCU happened today. The outcome after much discussion between the parties involved was that CCU refused to agree with RIC's demands and as a result, Tumbarail have officially ceased running operations. We are now seeking static insurance to allow us to maintain the buildings and yard but are unable, as a result of the loss of access, to keep up maintenance of the infrastructure. (This means the line, sleepers, weeds, etc on or about the line itself)
 
It is intended that when we are able to attain a static insurance policy, that we will continue to meet at the Ladysmith station to perform maintenance.
 
What does this mean in brief? That Tumbarail can continue to maintain and have access the property and buildings, but will not be able to run the vehicles along the line. Not even for ourselves. The public will be able to walk, in designated areas, between the station, goods shed and gang shed to look, but not be able to ride one of our rail vehicles.
 
Daryl Maguire has met with Michael Costa today, and continues to fight for our survival and re-instatement of access to the line.
 
We'll keep you up-to-date, keep checking back here for further news, as it happens!
 
 
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