Visitor attractions

Heritage railways, ROGS and insurance, explained

ROGS are the Railways and Other Guided Transport Systems (Safety) Regulations 2006, the rail safety regime requiring most heritage railways to keep a safety management system. They matter for insurance because the same system that satisfies the Office of Rail and Road is what insurers commonly ask about, and ORR notes that some insurers take safety performance into account.

Part of: Visitor attraction insurance

In short

The Office of Rail and Road (ORR) regulates the safety of well over 200 minor and heritage railways in Great Britain. ROGS reach a railway whose gauge is over 350mm, or one of any gauge that crosses a carriageway. Most heritage lines sit on ORR’s approved list of systems excluded from the mainline requirements, so they must keep a written safety management system but need no safety certificate or authorisation while no part of the line has a permitted speed above 40 km/h (25mph). Volunteer-only railways are not exempt from health and safety law. Insurance runs alongside: passenger and public liability, cover for volunteers and staff, property, engineering and trustees’ liability.

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What ROGS is and who it applies to

Last reviewed 7 October 2026 by the Apex commercial team.

ORR says ROGS provide the regulatory regime for rail safety across the mainline, metros, tramways, light rail and heritage railways. They were introduced to implement the European Railway Safety Directive (2004/49/EC) and remain in force, amended after the UK left the EU.

The scope test. ORR’s guidance asks whether the line is a railway or transport system at all, whether its gauge is over 350mm, and, whatever the gauge, whether it crosses a carriageway. A public footpath or bridleway is not a carriageway for this purpose.
Who carries the duties. A transport undertaking operates vehicles; an infrastructure manager develops and maintains the infrastructure. ORR says minor and heritage railways are vertically integrated: most are both.
No exception for private lines. ORR’s guidance says ROGS make no exception for railways that are private or do not admit the public, and draw no distinction on whether passengers pay a fare.
Mainline exclusion. ORR can exclude heritage, museum and tourist railways that run on their own networks from the mainline requirements. It publishes an approved list, and says most minor and heritage railways are on it and are treated as “other transport operators”.

Safety management systems, certificates and the 40 km/h line

Every operator in scope needs a safety management system (SMS) meeting regulation 6 (reg. 4(1)(a) and (2)(a)). Whether it also needs a safety certificate or authorisation depends on line speed.

Situation	What ORR says is needed
Own line, no part with a permitted maximum speed above 40 km/h (25mph)	A written SMS; no safety certificate or authorisation (reg. 4(3)(b))
Own line with a permitted speed above 40 km/h	Safety authorisation for the infrastructure manager and a safety certificate for the train operator, or an exemption; the Railway Safety Regulations 1999 also need considering
Running onto a faster line, even slowly	A safety certificate for that activity: ORR says line speed, not train speed, decides
New or altered vehicles or infrastructure bringing a new significant risk	Safety verification with an independent competent person

ORR’s examples of changes needing safety verification are converting a coal-fired boiler to burn liquid fuel and moving a fleet from vacuum to air brakes. Operators must also carry out and record a suitable and sufficient risk assessment (reg. 19), and make sure anyone doing safety-critical work, such as driving, signalling or track maintenance, has been assessed as competent and fit.

ORR’s role

ORR is the health and safety enforcing authority for minor and heritage railways with a gauge of at least 350mm or that cross a carriageway, under the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006. A Principal Inspector leads a team that gives advice, carries out proactive inspections, responds to incidents and complaints, and enforces.

ORR published Safety Management Systems: guidance for minor and heritage railways in August 2023, and a heritage version of its Risk Management Maturity Model (RM3). Its stated areas of interest include leadership and governance, permanent way, traction and rolling stock (including asbestos), structures, competence of operating and engineering staff, the rule book, workshops and level crossings. ORR says the Heritage Railway Association represents most of the sector.

Volunteers and the law

Most heritage railways depend on volunteers, and the law reaches them in several ways.

Wholly volunteer-run railways. ORR’s position is that section 4 of the Health and Safety at Work etc. Act 1974 applies where such a railway makes premises, plant (including rolling stock) or substances available to volunteers, and that relevant parts of ROGS can apply, because ROGS treat voluntary work as work.
Mixed workforces. ORR says every minor and heritage railway owes a duty of care to workers, passengers and the public in both civil and criminal law.
Young volunteers. In July 2026 ORR and HSE published guidance on when a volunteer aged 14 to minimum school leaving age counts as employed in an industrial undertaking under the Employment of Women, Young Persons and Children Act 1920.
Compulsory insurance. The Employers’ Liability (Compulsory Insurance) Act 1969 applies to employees under a contract of service or apprenticeship (s.2(1)). Volunteers usually fall outside that definition, but HSE notes they can still sue for negligence, so the question is how your policies treat them.

How insurance responds

ROGS sets the safety standard. Insurance answers the liabilities and losses that follow when something still goes wrong, subject to the policy terms.

Risk	Cover usually engaged	Where gaps appear
Passenger or visitor injured on a train, platform or footpath crossing	Public and passenger liability	Limits below what landowners, councils or connecting railways require; mainline running
Volunteer injured in the workshop or on the track	Employers’ liability extended to volunteers, or public liability treating them as third parties	Volunteers not declared; young volunteers; personal accident benefits, which are separate
Locomotive, carriage or wagon damaged	Property or rolling stock cover	Historic and irreplaceable vehicles; the basis of settlement; vehicles on loan or in transit
Bridges, track, stations and workshops damaged	Property damage, with business interruption for lost fares	Earthworks and gradual deterioration commonly excluded
Boilers, lifting gear and machinery	Engineering inspection and breakdown	Inspection schedules not kept up
Claims against trustees or directors	Trustee indemnity or directors’ and officers’ cover	Fines and dishonesty excluded

Charities. In England and Wales, charity trustees may buy indemnity insurance out of charity funds if they decide it is in the charity’s best interests, and the cover must exclude criminal fines, regulatory penalties and some other conduct (Charities Act 2011, s.189).

ORR licensing. ORR’s licensing guidance says all licensed operators, and some licence exemption holders, must hold third party liability insurance on terms it approves, and that heritage railways separate from the mainline are likely to qualify for a licence exemption. Check the conditions of yours.

Common misunderstandings

“We’re all volunteers, so the law doesn’t apply.” ORR says section 4 of the 1974 Act and parts of ROGS can still apply.
“We’re slow, so ROGS doesn’t apply.” Low speed removes the certificate requirement, not the SMS.
“We don’t charge fares.” ORR says that makes no difference.
“A miniature line in a park is the same.” ORR’s worked example says a line under 350mm that does not cross a public right of way is outside ROGS, though general health and safety still matters.

What to check

That your SMS reflects how the railway actually runs, including depots and sidings.
Your line speeds and any mainline running, against the certificate rules.
How each policy treats volunteers, including under-18s.
The values and settlement basis for historic rolling stock.
Whether your licence exemption carries insurance conditions.

Running a heritage line?

If this affects your business, these are the points a broker will ask about:

Route length, gauge, line speeds and any mainline connection.
Passenger numbers and the events you run.
How many employees and volunteers you have, and any under 18.
Your rolling stock, its values and where it is kept.
Level crossings, bridges and other structures you maintain.
Incidents, RAIB or ORR involvement and claims in the past five years.

Speak to a broker

Heritage railway cover, placed by a named broker

Send us your current schedule, or tell us about the property if you are arranging cover for the first time. Or leave your number and a named broker will call you back, usually the same working day.

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How Apex places this cover

Apex Insurance Brokers is an independent insurance broker based in Bristol, established in 2009 and authorised and regulated by the Financial Conduct Authority. We are not tied to one insurer: we work with over 30 markets, including Lloyd’s syndicates through wholesale brokers, and every client has a named broker who handles the placement, mid-term changes, certificates for clients and the renewal.

A short fact-find. We ask what you actually do, for whom, under what contract terms, and what has gone wrong before.
A written presentation to insurers. Under the Insurance Act 2015 you must make a fair presentation of the risk. We help you meet that duty, and a well-presented risk gets better terms.
Quotes you can compare. Limits, excesses, retroactive dates, exclusions and premium side by side, with a plain-English recommendation.
No gap in cover. If you are moving from another insurer or broker, we line up the new policy to start the moment the old one ends.

Related guides

Sources

Frequently asked

Do heritage railways need a safety certificate?

Not usually. Under ROGS reg. 4(3)(b), a safety certificate or authorisation is not needed where no part of the line has a permitted maximum speed above 40 km/h. ORR says most heritage railways run on their own lines at up to 25mph. Faster line speeds, or running onto the mainline, change that.

Does ROGS apply to miniature railways?

It depends on gauge and crossings. ORR’s guidance says ROGS reach a railway with a gauge over 350mm, or any gauge that crosses a carriageway. Its worked example of a club line under 350mm, with no public right of way crossed, is outside ROGS, though general health and safety law still matters.

Who regulates heritage railways in Great Britain?

The Office of Rail and Road. It is the health and safety enforcing authority for minor and heritage railways with a gauge of at least 350mm or that cross a carriageway. Its inspectors advise, inspect, investigate incidents and complaints, and can take enforcement action.

Is employers’ liability insurance compulsory for volunteers?

The 1969 Act applies to employees under a contract of service or apprenticeship, so volunteers usually fall outside it. A railway with any paid staff still needs employers’ liability for them. Volunteers can still sue for negligence, so check whether your cover treats volunteers as employees for insurance purposes or as members of the public.

Can heritage railway trustees buy D&O insurance?

In England and Wales, charity trustees may buy indemnity insurance from charity funds under the Charities Act 2011, s.189, if they decide it is in the charity’s best interests. The policy must exclude criminal fines, regulatory penalties and liability for some deliberate or reckless conduct.

Ready to compare cover?

Apex arranges liability, property, engineering and trustee cover for heritage railways. Tell us about your line, your rolling stock and your volunteers, and we’ll look for cover that fits. Or call 0117 325 0027.

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Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information, not advice on your individual circumstances. Cover is always subject to the insurer’s acceptance and the policy terms, and this page does not guarantee that cover will be available or on what terms.