Posts Tagged ‘JR East’

Blood on the tracks: Who pays for deadly railway accidents?

Friday, October 18th, 2013

Don't look now

Don’t look now

One of Japan’s enduring urban legends is that railway companies demand compensation from families of people who commit suicide by throwing themselves in front of trains. Because the media doesn’t report such matters it isn’t easy to verify, but according to the Chunichi Shimbun railways “in principle” send bills to families of people who die in railroad “accidents” if the railroad is not at fault and the accident causes a delay that costs the railway money. The articles don’t say anything specific about suicides, however.

The subject of the piece is a case that was recently decided in Nagoya District Court. JR Tokai sued the family of a 91-year-old man from Obu City, Aichi Prefecture, who was hit by a train and killed while walking along the tracks of the Tokaido line in December 2007. JR Tokai was demanding ¥7.2 million from the family for losses incurred due to delays caused by the accident, which affected 27,000 passengers and 34 trains, forcing the railroad to provide alternate transportation, such as buses, to inconvenienced customers.

In court, JR Tokai’s lawyers said the company sent a bill to the family of the man “as it usually does in such matters,” but the family never responded, so they filed a lawsuit and in the end the judge awarded JR the full amount it asked for. The family will appeal.

At issue was the responsibility of the family in the actions of the old man, who suffered from dementia. Six years ago local welfare officials determined that the man required 24-hour supervision. The family placed him in an institution several days a week, but on the remaining days he was at home with his 85-year-old wife, who can mostly fend for herself. In addition, the man’s eldest son, who lives in Yokohama, set up a care system for his father that included his wife regularly traveling to Obu to help out. On the day the accident happened he was alone with his wife, who dozed off, and he wandered out of the house and to the nearest station where he somehow ended up on the tracks.

Chunichi says there is no precedent for a railway company suing over an accident caused by a person with dementia, and the lawyer for the family said that the case could have serious repercussions for families with elderly members who have serious cognitive disabilities, since it means they could be liable for all sorts of incidents, and not just those involving trains.

In court the family said that JR Tokai should bear some of the responsibility since it didn’t prevent the man from getting on the tracks after he entered the station (presumably without a ticket, which raises another question). JR countered by saying it had “fulfilled all our legal obligations” with regard to track safety, and the judge agreed, adding that it was the responsibility of the family to monitor and supervise the actions of the old man.

But if families are monetarily liable for actions carried out by members who are senile, can they also be liable for members who are suicides? So far there doesn’t seem to be a court precedent for such a situation. It seems to depend on the circumstances, suicide or not.

For instance, recently a 40-year-old woman was killed trying to help an old man who stumbled trying to cross the tracks of the JR Yokohama Line. The old man survived, but there has been no report that JR East is demanding he pay up, maybe because the media reports on the heroism of the woman drowned it out or made the company think twice about possible negative publicity if it made such a demand in this case.

Then again, earlier this week a 47-year-old man was killed while crossing the tracks of the Tobu Tojo Line in Tokyo’s Itabashi Ward. Witnesses say he was walking and absorbed in his cell phone when he was hit and didn’t notice the train, though obviously he had enough presence of mind to go through the gates, which were down. Now that guy’s family will probably receive a bill.

You can’t get there from here (at the same price with an IC card)

Saturday, May 18th, 2013

Cash or over-charge?

Cash or overcharge?

This spring the big news for train lovers was the integration of almost all the regional IC card services, thus making it possible to travel from one region to another on lines operated by different companies using a single IC fare card. But while computer systems have been linked successfully to allow for such inter-line transfers, one element of the changeover that has bothered public officials remained problematic: the non-integration of fares.

In some instances it actually costs more to go from point A to point B using an IC card than it does with a ticket, though most patrons aren’t aware of the fact. It depends on which lines you are using. For instance, if you are going from JR Kameari Station on the Joban Line in eastern Tokyo to JR Yokohama station and buy a ticket for the whole trip, it costs you ¥780. However, if you take the same route and use an IC card, ¥910 will be subtracted from your card balance. That’s because the Joban line turns into the Chiyoda subway line, which is operated by Tokyo Metro, after it passes Kita Senju, and the passenger then leaves the Chiyoda Line at Nishi Nippori and transfers back to JR in order to proceed on to Yokohama.

The ticket you buy from a vending machine takes these transfers into consideration and simply charges the zone-related JR fare between Kameari and Yokohama plus the Metro fare. But the IC card system doesn’t make such a distinction and each of the three legs of the journey is charged separately, meaning you pay two JR fares, one from Kameari to Kita Senju and another from Nishi Nippori to Yokohama, plus the ¥160 for the Chiyoda line between Kita Senju and Nishi Nippori.

The sticking point is JR East, and in Diet discussions about the IC fare discrepancy representatives of the company have said it’s a computer-related problem that they have yet to figure out, claiming that any changes to rectify the problem would “place on the system more of a burden” that might cause even more issues.

At the urging of Your Party the company did say it would make more of an effort to inform patrons of price differences where they occur. The various JR companies offer the Suica card system, but the equally popular Pasmo card has the same problem. In the Tokyo Metropolitan Area 80 percent of riders use one card or the other.

The problem is limited to transfers between JR and other lines. Other inter-line transfers don’t have the same problem. In fact, discounts that are normally offered to ticketed riders between the two Tokyo subway lines are integrated into the IC card fare structure, even when passengers leave one line through a wicket and enter the other through a different wicket. A transportation expert, discussing the problem in Tokyo Shimbun, said that such a change shouldn’t require a major system overhaul, and, in fact, JR recently announced it would make it possible for IC cards to subtract amounts of less than factors of ¥10 in line with the consumption tax increase, which means amounts of factors of ¥1 can be charged, but only if the patron has an IC card. Fares for tickets will still be rounded up to a factor of 10.

The fact is, the ticketing system costs operators more than the IC card system, which is why in London you pay less if you use a card than if you buy a ticket. Ideally, all patrons should use cards, so JR’s intransigence on the matter is difficult to explain.

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