ALWAYS A BENEFIT?
The age-old question relating to trains
There is no reasonable reason to doubt that, making the choice to undertake one's journeys fall on the train, and decide – albeit indirectly – to significantly cut the emission of toxic and lethal gases, including carbon dioxide: this undoubtedly brings a benefit to the ozone and the community, that every sacrosanct day finds itself forced to inhale large quantities of smog emitted by combustion engine vehicles, as well as – to a decidedly higher extent – from the aircraft that continue to fly our skies.
Nonetheless, you always have to look at the other side of the coin, consisting of the damage that rail circulation could cause not so much to users but rather to those associates who work in the sector, that is, they live in areas where convoys pass (or adjacent to them).
This article aims, to be precise, to clearly describe the potential risks that, in everyday life, the above-mentioned categories of subjects still continue to run.
PROXIMITY TO A RAILWAY HEADQUARTERS
First of all, it is highlighted that the braking of the locomotives gives rise to a screeching noise which, in the long run, could damage the eardrums of bystanders, even with the newest trains, which are no longer held back like a strain, but with the disk system (with which there are no longer jaws to reduce the rotation of the wheels, but a disc placed on the sides of the axle): in fact, even recently built locomotives make a terrible noise, like those used for long-range regional and intercity trains.
Furthermore, the friction of the metal parts of train rails releases quantities of fine dust, highly toxic and carcinogenic.
About ten years ago, Studio Vizzino presented a formal notice to the EAV Campania, inviting it to reduce noise emissions and limit the release of dust (especially soot) the spread of which is capable of causing considerable damage.
Given the danger of these substances, it could happen that both the resident and the worker in the areas surrounding the stations and/or the passengers and companions waiting for the trains will have the right to take legal action if an illness were to occur resulting from inhaling the dust in question (That, of course, must be duly attached and demonstrated).
In other words, anyone who lives near a railway site faces multiple risks, such as impaired breathing capacity, acoustic trauma e, as mentioned above, oncological pathologies: an unpleasant situation to say the least!
It should be highlighted, Furthermore, that these emissions can irremediably compromise the decorum of the buildings along the local railway lines: in fact, as the years pass...the relative facades take on a different color from the original one, an almost carmine red or – in extreme situations – a real black smoke!
Furthermore, the fine dust released by the transit of convoys – also due to the obsolescence of the rails and the somewhat poor maintenance of the systems, which will be mentioned shortly – could seriously jeopardize the health of those, for various reasons, it is located in the areas served by the railway network. If significant quantities are breathed in, the risk of getting cancer becomes very high! Without neglecting, Then, the vibrations, caused mostly by the sliding of the wheels on the tracks, the consequences of which are still paid by the residents of the properties surrounding the railway lines. In this regard, the undersigned lawyer Vizzino has made a specific questionnaire available to readers (which they will find below), accompanied by technical elements, with the aim of making it easier for them to invoke the protection of their rights in the event of risks and/or pathologies associated with the uncontrolled circulation of trains.
This questionnaire aims, in parallel, to the acquisition of the information necessary for the creation of a television report on the issue under discussion, in order to induce the competent authorities to act promptly to protect collective health. Taking into account the fact that the tracks used by the aforementioned lines are rarely subjected to maintenance, emissions from abrasion, resulting from clumsy and sometimes excessively abrupt actions, if they exceed the threshold of normal tolerability referred to in the art. 844 c.c., they are to be considered intolerable and harmful emissions which cause suffering to those in the vicinity. For this purpose, with ordinance no. 33966 of the 5/12/2023 of the II Section. Cass. Civ., the principle was reiterated, now consolidated in jurisprudence, according to which "in terms of noise emissions and immissions, it remains unlawful to exceed the levels of acceptability established by law, the judgment on their tolerability must be formulated pursuant to art. 844 c.c., taking into account the proximity of the places and the possible harmful effects on health of the emissions" (principle also recently reiterated by the Court of Rome, Sez. II Civil, sent. n. 411 of the 9 January 2026, which settled a controversy regarding the rattling of some trams which were proceeding at high speed despite the limit imposed in an area affected by works).
WORKING ON THE RAILWAY
What to say, Instead, regarding the adversities faced by those who work for railway carriers and infrastructure managers? Beh, it certainly cannot be said that they work in complete tranquility, considering that they too are exposed to a series of dangers associated with the task actually performed. It is necessary to clarify, out of mere scruple – as well as for clarity -, that the article 2087 of the Civil Code obliges the employer to adopt all measures aimed at guaranteeing the physical integrity and moral personality of subordinates, taking into account three parameters: the particularity of the work, experience and technique. It was precisely from this provision of the code that it began, several decades later, the Consolidated Law on Health and Safety at Work (abbr. TUSSL) of which the D.Lgs. 81/2008, which contains the detailed regulations on the subject. Leaving aside the long and complicated legislative process (that he has, in fact, gave rise to rather dangerous gaps in railway work, with particular regard to the technical provisions specific to this sector), here it is necessary to emphasize that, thinking in practical terms, the life of a railway worker is not all roses and flowers. The proof of what was stated above must be identified, in the first place, in the tragic accident that occurred in Brandizzo (along the “slow” Milan-Turin line) il 31 August 2023, cost the lives of five workers intent on maintaining the infrastructure: due to the malfunction of some security systems, they were cut off by a moving convoy. You shouldn't, Then, neglect the almost lively nature of the engine and on-board personnel. The former bears a considerable responsibility, i.e. the transport of human beings, animals and/or goods, which implies the need to keep reflexes ready and, above all, thorough knowledge of everything necessary to guarantee public safety, including the operation of the most complex safety devices; but...the latter do not always represent the solution to the problem: It was the then train driver Gismondo who pointed it out (fictional name, ndr), which, for the sole fact of having made clear to the Railways the dangers of the VACMA pedal (otherwise known as “dead man”, considering that its introduction aimed to completely replace the driver's assistant on the Rapid Electric Trains), he found himself having to face very long legal disputes, since the company had repeatedly imposed a dismissal on him that couldn't be more retaliatory (specifically, he had highlighted that, having to step on the pedal every thirty minutes to give a "signal of life", the railway pilot was in danger of distracting – albeit reluctantly – attention from the track, as well as having to limit the speed, extending travel times). Let the readers say whether or not all this is a harbinger of possible exhaustion, which certainly appears obvious!
And we want to talk about train leaders? Beh, I would say yes!
Episodes of violence against them are multiplying exponentially, as also witnessed by the media; nevertheless, it is still difficult to find a remedy capable of concretely preserving their safety, also due to the distorted use of funds that should be allocated to staff safety, systematically attacked by passengers who try to be smart and travel on convoys... without paying the fare. Not to mention…the stress due to lack of sleep, mainly due to the need to cover all shifts that, at the last second, they remain (mysteriously) discovered: this represents, welcome, a considerable danger, and it is very easy to understand why.
TRAVELING BY TRAIN
In the end, the problem should certainly not be underestimated
overcrowding and the insecurity of railway trains: many travelers complain, Indeed, regarding the precariousness of travel conditions, which last – in barba all’art. 32 of the Constitution – they are anything but healthy.
Simply say to «be careful of pickpockets!» certainly does not solve the problem of crime on board and on land: the new EU Regulation on the rights and obligations of users of railway services (he. 2021/782, signed by Parliament and the Council, of the 29 April 2021) establishes, Indeed, expressly that the carrier is required to take all appropriate measures to ensure that the passenger is moved (commuter or otherwise) takes place in conditions of effective safety (v. art. 27 of the Reg. EU cited). Can't do it, therefore, That, should the transport company fail to fulfill this duty, the payers will be able to take it to court for compensation for the damages suffered, providing it, of course, the proof.
The most obvious examples are represented by the convoys of the Vesuvian and Phlegraean lines, punctually packed (especially during rush hour), as well as long-haul regionals (ad es., from Naples to Cosenza, carried out with vehicles suitable only for short journeys): well, this is the direct consequence of the carrier's negligent behavior, to say the least, That – as well as not moving a nail to avoid delays and inefficiencies
sadly known – he never did his best, over the decades, to respect the maximum capacities of the convoys, so much with regard to seating (even the seats on board are far from comfortable, and there is a lack of specific seats for travelers with reduced mobility!) as far as standing room is concerned.
Exemplifying, the trains systematically take on the appearance of charnel houses, which seriously jeopardizes your health – physical and mental – and passenger safety, who pay rather large sums to benefit from a service that is, to say the least, poor (as well as not complying with current legislation).
It should not be forgotten, Then, that the quality of the rails is terrible to say the least, due to their obsolescence: although travelers pay (and a lot!) to move using the territorial railways, they find each other, systematically, stuck in the middle of the countryside, so long as, in the face of somewhat clumsy maintenance, the railway present along the various EAV routes does not allow the convoys to reach a higher speed, really, forces them to make long stops in the countryside (of and galleria) to allow the technical staff to intervene with some certainly non-resolvable patches.
Not to mention the seats: the average traveler on the busiest lines– assuming he can sit down, given that the cars are packed with passengers... and no one carries out the necessary checks(remember, In this regard, that each convoy has a number
maximum number of places, you want to sit or you want to stand, reported on a specific plate!) – is found, Indeed, having to occupy rigid seats (or even fiberglass), certainly not healthy for your back
many. By dint of travelling, so, you run the risk of being subjected to deformations of the spine, like scoliosis, kyphosis, lordosis, and similar traumas.
CONCLUSIONS
Directing one's preference towards the train certainly constitutes an indication of altruism and responsibility, because nowadays we need to think from a sustainable perspective; hopefully, However, that the problems highlighted by the writers are seriously received by those responsible, in order to avoid unpleasant consequences which could seriously compromise the image of our railway network (as well as carriers) as well as the health of staff and users. Everything reported, We really don't understand how it is permissible to fine a traveler without a ticket and then leave the inefficient railway system unscathed. It seems more absurd than ever to burden the traveller, so uncomfortable and damaged in his person, and at the same time compulsorily request the payment of an amount for a service now rendered that is absolutely NON-EXISTENT!!!!!
With the present, so, you ask
1. to the company of the Volturno Autonomous Body and Trenitalia:
– to indicate the methods and timing of checks carried out on Cumana trains, Circumflegrea from Circumvesuviana;
– to indicate the methods and timing of checks on the number of passengers for each journey;
– to indicate the methods and timing of the checks carried out on the station to avoid vandalism, violence, as well as use of illegal substances;
– to indicate the reasons for delays in train journeys, daily and increasingly frequent;
– checks all relating to correct maintenance, cleaning, oiling of tracks and rails by technical staff.
2. to the Ministry of Public Transport
-to indicate checks carried out on management personnel
-to indicate all sanctions imposed in cases of frequent inefficiencies
-to make known the measures aimed at resolving the inefficiencies, known and frequent.
In the absence of concrete answers on the matter, clear non-compliances and regulatory violations are emerging (from the point of view of administrative responsibility, criminal and civil)we will not hesitate to act to the detriment of railway structures, consulting the competent judicial authorities - civil and criminal, for the protection, including compensatory ones, of the rights and interests of citizens as individuals and as a category. It is specified that, I miss the deadline for no reason 10 (ten) days from now, we will proceed to request biological damages (damage from pathology) and morals suffered and being suffered by commuters ( stress damage due to waiting and/or traveling in uncomfortable conditions, damage from delays due to lack of maintenance, damage caused by failure to check the number of passengers and failure to clean, damages due to failure to carry out checks in general as a cause of vandalism, violence and similar social phenomena) and by transiting subjects and/or inhabitants of the surrounding areas, to the owners of properties affected by noise damage and soot damage due to failure to oil the rails and tracks. So much considered a duty to expose and trust in prompt feedback to this, We welcome this opportunity to extend cordial greetings.
Dr. Adriano J. Spanish Vigorita
Lawyer Riccardo Vizzino – Court of Cassation expert - National head of civic affairs against scams
