Commercial line or volunteer society. Scenic and heritage railways range from commercial tourist operations to not-for-profit societies run largely by volunteers. Either way, the railway runs the train and should carry its own liability insurance. Treat it like any other supplier in your package: ask for its certificate of currency before your first trip and each year after. At least one specialist tour operator wording we place expects contractors in Australia to hold at least $10 million liability, so look for that figure.
Seats, carriages and whole trains. Booking seats for your group keeps you a customer. Chartering a carriage or a whole train makes you a party to a charter agreement, and those can ask you to indemnify the railway or release it from claims. On the tour operator policies we arrange, extra liability you take on by contract is generally covered only to the extent you'd have been liable anyway, and waiving recovery rights without the insurer's consent can remove cover for that claim. Send us the agreement before you sign so we can check how it sits with your insurance, and have your lawyer review it.
Your part of the day. Once the train is the railway's, your risk is in the handovers: the coach to the station, moving a group across an old platform, steep carriage steps, a trackside photo stop, and a lunch you've packaged in. Brief guests on steps, smoke and open windows before boarding, and tell the underwriter if your groups include guests with limited mobility. Those details decide how a claim is read. For the written procedures behind that briefing, see risk management for tour operators.
Drones and the photo run-past. CASA's guide for small drone operations says no aviation rule requires a drone owner or operator to hold public liability insurance, and CASA can fine up to $1,820 per offence for breaking the drone rules. Land managers set their own terms. Parks Victoria doesn't permit recreational drones on land it manages, and for commercial drone filming it asks for a permit, a remote pilot licence for each pilot, a remotely piloted aircraft operator's certificate and a certificate for $20 million public liability that includes aviation cover. At least one specialist tour operator wording we place excludes aircraft, including drones, so footage of the train from the air may need separate drone cover and the land manager's approval.