GI/GN7612. Miscellaneous Guidance on Level Crossings. Railway Group Guidance Note

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1 GN Published by Rail Safety and Standards Board Evergreen House 160 Euston Road London NW1 2DX Copyright 2005 Rail Safety and Standards Board Limited GI/GN7612 Issue 1 April 2005 Railway Group Guidance Note

2 Issue record Issue Date Comments One April 2005 Original document Revisions have not been marked by a vertical black line in this issue because the document is a first issue. Page 2 of 21 RAIL SAFETY AND STANDARDS BOARD

3 Introduction This document has been published by Rail Safety and Standards Board to give guidance on the management of level crossings, and is for use by all Railway Group members. This guidance is intended to assist Railway Group members in understanding their responsibilities in relation to Level Crossing management, but does not constitute a recommended method of meeting mandatory requirements. Copyright Document to be Withdrawn as of 03/04/2010 Copyright in the Railway Group Standards is owned by Rail Safety and Standards Board Limited. All rights are hereby reserved. No Railway Group Standard (in whole or in part) may be reproduced, stored in a retrieval system, or transmitted, in any form or means, without the prior written permission of Rail Safety and Standards Board Limited, or as expressly permitted by law. In circumstances where Rail Safety and Standards Board Limited has granted a particular person or organisation permission to copy extracts from Railway Group Standards, Rail Safety and Standards Board Limited accepts no responsibility for, and excludes all liability in connection with, the use of such extracts, or any claims arising therefrom. This disclaimer applies to all forms of media in which extracts from Railway Group Standards may be reproduced. Further information This document was authorised by RSSB on 9 February RAIL SAFETY AND STANDARDS BOARD Page 3 of 21

4 Contents Document to be Withdrawn as of 03/04/2010 Section Description Page Part 1 General information Purpose Application of this document Document management Definitions 6 Part 2 Guidance on signs for level crossing users Signs at crossings on roads to which the public has access Signs at footpath and bridleway crossings Signs or barriers at private crossings Signs warning of hazards on the crossing 8 Part 3 Use of whistle signs Whistle signs 9 Part 4 Design of crossing geometry and surfaces Geometry of crossings used by road vehicles 10 Part 5 Legal framework Introduction to legal framework 13 Appendix A Legal framework 14 A.1 New level crossings 14 A.2 The alteration and modification of level crossings 14 A.3 Maintenance of crossings 16 A.4 Closure of a crossing 17 A.5 Offences 18 Appendix B Relevant legislation referred to or current and in force on 1 January References 21 Page 4 of 21 RAIL SAFETY AND STANDARDS BOARD

5 Part 1 General information 1.1 Purpose This document provides information, valid at the time of publication (unless otherwise stated), relating to some of the requirements set out in GI/RT7012 for the following specific level crossing subject areas: a) The provision of signs for the user at level crossings b) The use of whistle signs c) Road profiles at level crossings d) The legal framework within which level crossings are managed This document is not intended to provide an exhaustive statement of the law and should not be construed or relied upon as legal advice to be applied to any particular set of circumstances. 1.2 Application of this document This document contains guidance that is intended for use by duty holders of the infrastructure controller category of Railway Safety Case The Railway Group comprises Network Rail Infrastructure Limited, Rail Safety and Standards Board Limited and the train and station operators who hold railway safety cases for operation on or related to infrastructure controlled by Network Rail Infrastructure Limited Network Rail Infrastructure Limited is also known as Network Rail Rail Safety and Standards Board Limited is also known as RSSB. 1.3 Document management Related documents Mandatory requirements and guidance on design, construction and operation of level crossings are given in other publications issued from time to time. These publications include at the date of this Guidance Note: Railway Group Standards and other Railway Group documents: a) GI/RT7011 Provision, Risk Assessment and Review of Level Crossings b) GI/RT7012 Requirements for Level Crossings c) GI/GN7611 Guidance on Provision, Risk Assessment and Review of Level Crossings Health and Safety Executive; HM Railway Inspectorate: a) Guide to the approval of railway works, plant and equipment b) A guide to the Level Crossings Regulations HS(G)153/6 Railway Safety Principles and Guidance Part 2, Section E, Guidance on level crossings This Railway Group Guidance Note does not supersede any other Railway Group documents. RAIL SAFETY AND STANDARDS BOARD Page 5 of 21

6 1.4 Definitions Authorised user Has the meaning given to it in GI/RT7012. Level crossing Means an intersection at the same elevation of a road, footpath or bridleway and one or more rail tracks. Local authority In relation to England, means any council of a county, district or London borough, and the Common Council of the City of London; in relation to Wales, means any council of a country or county borough, and in relation to Scotland, means any council constituted under section 2 of the Local Government etc (Scotland) Act Other recognised terms used in this Guidance Note have the meaning assigned to them in GI/RT7012. Page 6 of 21 RAIL SAFETY AND STANDARDS BOARD

7 Part 2 Guidance on signs for level crossing users 2.1 Signs at crossings on roads to which the public has access All signs placed or replaced on or after 31 January 2003 in accordance with a level crossing order should comply with the Traffic Signs Regulations and General Directions 2002 ( Traffic Signs Regulations ) Signs placed before the 31 January 2003 in accordance with regulations existing at the time of installation can remain in place, but are to be phased out in accordance with the relevant provision of the Traffic Signs Regulations The Railway Safety Principles and Guidance, and chapters 4 and 5 of the Traffic Signs Manual, provide guidance on the actual placing of signs and road markings, and their distance from the level crossings It is a matter for agreement between the infrastructure controller and the local authority, or the private landowner, as to where along a road or pathway signs are to be placed. Her Majesty s Railway Inspectorate (HMRI) can also be informally involved in the process For industry guidance on the placement and types of signs to be displayed and the distances and sight lines from level crossings, refer to Railway Safety Principles and Guidance, Part 2, Section E, Guidance on level crossings (HS(G) 153/6) published by the HSE The Traffic Signs (Welsh and English Language Provisions) Regulations and General Directions 1985 set out how the Welsh language is to be accommodated for signs in Wales The Transport Act 1968 gives power to highway and other authorities to contribute to the cost of barriers, signs, or other devices or appliances for the protection or convenience of the public at or near any level crossing The Traffic Signs Regulations permit a sign, shown in diagram 790 of the regulations, with the words New level crossing control ahead to be placed on or near a road where a new method of controlling traffic at a railway crossing is introduced. 2.2 Signs at footpath and bridleway crossings Footpaths and bridleways are not specifically accommodated in the requirements for the provision of warning signs. Where possible, signs consistent with those required for the same purpose on other crossings should be used. Each footpath and bridleway crossing will have different characteristics, so the design and siting of signs depends on the particular circumstances prevailing. In any case the design and siting of signs should take account of the slowest scenario for traversing the crossing It is probable that signs warning mounted riders, ideally need to be placed some distance from the level crossing on another s land: normally belonging to the highway authority, or a private landowner. Consideration should also be given to pedestrian users of such crossings to permit a decision point that suits both mounted riders and pedestrians, whilst taking account of the need to retain visibility of approaching trains Consent should be obtained from the owner of the land where a sign or signs are to be placed If illumination is required, the appropriate easement needs to be obtained to allow for power and control wiring to be provided. The sign or signs should be described in any variation to an existing order or application for a new level crossing order, if applicable. RAIL SAFETY AND STANDARDS BOARD Page 7 of 21

8 2.2.5 The Private Crossings (Signs and Barriers) Regulations 1996 contain details of signs that might be suitable for use at footpath and bridleway crossings. 2.3 Signs or barriers at private crossings In this Guidance Note the term private crossings includes private roads or paths to which the public do not have access Section 52(1) of the Transport and Works Act 1992 provides that the infrastructure controller of a railway that is crossed by a private road or path may cause or permit signs or barriers to be placed on or near the road or path near the crossing, as prescribed by regulations made by the Secretary of State The types of signs permitted to be placed at private crossings are described in the Private Crossings (Signs and Barriers) Regulations By Section 52(2) of the Transport and Works Act 1992 the Secretary of State may also give directions to the infrastructure controller to place such signs. Also, section 54 of the Transport and Works Act 1992 enables the Secretary of State, where the infrastructure controller has failed to comply with an order to place signs or barriers or to maintain them at a private crossing, to carry out the works at the infrastructure controller s expense Pursuant to section 53 of the Transport and Works Act 1992, if an infrastructure controller is to place such signs or barriers, consent should be obtained from the owner of the land on which they are to be placed. Where consent is not given, the infrastructure controller can serve notice on any owner that they are applying to the Secretary of State for a decision on their proposals. 2.4 Signs warning of hazards on the crossing The infrastructure controller may have a duty of care not to cause damage to persons or vehicles using level crossings to which the public has access, nor to place them in danger. If any special hazards exist, then adequate warning is to be given by signs positioned so as to give persons and vehicles adequate time to consider whether and how to proceed Authorised users have a similar duty of care in relation to private crossings. The infrastructure controller should consult with the authorised user to ensure that any special hazards are adequately indicated. Subject to various caveats, the infrastructure controller, by Section 52 of the Transport and Works Act 1992, can cause or permit signs warning of hazards on the crossing to be provided Each crossing could have different characteristics, so the design and situation of any signs depends on the particular circumstances prevailing. Page 8 of 21 RAIL SAFETY AND STANDARDS BOARD

9 Part 3 Use of whistle signs 3.1 Whistle signs Whistle signs are considered of limited value at vehicular crossings because of problems of hearing the train horn when the user is inside a vehicle or is wearing ear-defenders, for example the driver of a tractor or other agricultural machinery The train horn might not be heard by a pedestrian standing at the crossing at a distance in excess of 400 m (or 440 yds) from the train, and this factor should also be taken into account Where whistle signs are required, these should be provided to give a warning time greater than the time it takes a user to traverse the crossing and in any case no less than 8 seconds running time from the crossing. Where whistle signs are required they should be provided on all railway approaches to the crossing Consideration should be given to the issue of noise pollution relating to the use of whistle boards in, or in the proximity of, residential areas GI/RT7033 sets out requirements for the size and appearance of the whistle sign. RAIL SAFETY AND STANDARDS BOARD Page 9 of 21

10 Part 4 Design of crossing geometry and surfaces 4.1 Geometry of crossings used by road vehicles General Further details on the determination and classification of suitable road profiles can be found in the HSE publication, Railway Safety Principles and Guidance Risk of vehicles grounding To prevent long or low vehicles from grounding, the carriageway profile over any vehicular crossing should not have any abrupt changes in the vertical curvature. In addition to the reasons set out in GI/RT7012, this also avoids interruptions to the sight lines of the drivers of road vehicles In assessing the suitability of the vertical profile at a particular crossing, consideration should be given to the control measures in place at the crossing, since these affect the risk to the railway. At a manned crossing, for example the risk from a grounded vehicle is less than that at an unmanned crossing The defining criterion for an acceptable vertical profile is the relationship between the wheelbase of the vehicle and its clearance to the ground in its laden state. The HSE publication, Railway Safety Principles and Guidance, states that a 75 mm hump over the length of the wheelbase is the maximum that is acceptable at automatic half-barrier crossings and at user-worked crossings, but local knowledge may support the use of other values It is important that the road profile is acceptable across the full width of the carriageway and the approaches to the crossing. Assessment of this requirement should take into account the effect of camber where a long vehicle may need to use the opposite side of the carriageway to negotiate the crossing, for example, because of a horizontal bend in the approach road Where a risk of grounding is found to exist at a crossing, signs should be provided to warn road users of the fact. Where possible, these should be located not only at the crossing itself, but also at suitable distances from the crossing to give low/long loads the opportunity to take an alternative route. The co-operation of the local highways authority should be sought to assist with this course of action It can be difficult to determine whether long/low loads are using the crossing until one of them grounds. Scuffing marks or other damage on the crossing surface or approaches might indicate a problem, or it might be obvious that local businesses generate a source of such traffic To determine traffic patterns and the types of vehicle using the crossing, local knowledge will be necessary, possibly supplemented by a traffic census, a questionnaire for local residents, or automatic traffic data logging. It should be noted that crossing usage, especially that related to tourism or farming, could be seasonal Risk of electrocution There is a further risk on lines that use overhead electrification, in that loads carried by road vehicles or indeed the vehicles themselves, could be brought into arcing distance of the overhead line equipment if the crossing has poorly located or overly steep gradients on the approaches. Where this risk exists, for example on occupation or accommodation crossings at which bulky or lengthy farm equipment is taken across the line, appropriate signage should be provided Where the user most at risk, for example a specific farmer, can be easily identified, consideration should also be given to writing to, or meeting with, the user to explain the risk and how to minimise it. Page 10 of 21 RAIL SAFETY AND STANDARDS BOARD

11 Generally, overhead gauging bars or chains should be provided where the safe vehicle height beneath the overhead line equipment is less than m (16' 6") (see GE/RT8025) Overhanging loads cause particular concern, as they can pass safely under the gauging bars but still come too close to the overhead line equipment if the approach gradient is severe enough. See Figure 1. Figure 1 Vehicle with overhanging load at crossing with severe approach gradient Consideration should also be given to vehicles with large overhangs before or behind the leading or trailing axle respectively. This is particularly so when the road slopes downhill towards the crossing, and the crossing itself slopes uphill Illumination and the risk of dazzle The positioning of illumination and signage should take account of the vertical profile of the approaches to the crossing to reduce the likelihood of low lighting dazzling road users travelling uphill Unshielded or poorly directed road lighting or road sign illumination might make railway signals and other lineside indicators difficult to read for the drivers of trains (see GE/RT8034). In particular, where possible, stop lines should not be positioned such that road vehicle headlights can dazzle the drivers of trains or prevent them from ascertaining whether the crossing is clear of obstructions Other considerations Consideration should be given as to whether the vertical profile of that part of any crossing reserved for use by pedestrians is also suitable for use by people of reduced mobility Steps or stairways should be avoided in favour of ramps wherever practicable. Where installed, both ramps and stairways should have suitable handrails provided. Similar access provision should be made on both sides of the crossing In assessing whether crossing gradients are acceptable, consideration should be given to the full variety of likely road conditions, for example whether the crossing could be prone to regular snowdrifts or icing up in winter When altering vertical road profiles, consideration should be given to the impact on surface water drainage, and in particular the effect any change in run-off could have on the skid resistance of the approaches to the crossing. The provision of anti-skid surfacing on approaches might be appropriate Crossing alignment Wherever possible, the horizontal alignment of the road crossing should be at right angles to the railway line at that point. Amongst other reasons, this is an attempt to minimise the forces exerted by road traffic on the crossing surface Provision of lay-bys Wherever reasonably practicable, where drivers are required to call the signaller before using a crossing (by virtue of their vehicle type or its load) and where such RAIL SAFETY AND STANDARDS BOARD Page 11 of 21

12 calls are a regular occurrence, lay-bys should be provided for these vehicles to use while the driver is calling the signaller Provided that they are adequately signed, these lay-bys need not be in the immediate vicinity of the crossing, but the co-operation of the local highways authority should be sought to assist with this course of action Crossing surface The crossing surface should be stable, without either undue vertical displacement or horizontal movement under braking, acceleration or turning forces, for example by ensuring that it is properly secured by end restraints. When using proprietary systems, care should be taken that the panels are suited to the rail and sleeper types in use at the location The crossing surface should be capable of removal to facilitate inspection of the crossing materials themselves and any covered or obscured parts of the railway infrastructure, such as the rails, sleepers and formation (see GI/RT7012) The crossing surface should be designed to prevent the formation of standing water. The surfaces of vehicular crossings should be able to withstand the use of road brushes and other road cleaning equipment such as high-pressure water jets. In particular, road studs and road markings should be able to resist such forces without becoming loose or detached The crossing surface characteristics and performance should always be commensurate with that of the approaches, and should be suitable for use by the traffic likely to use the crossing. GI/RT7012, Part G, sets out requirements in this regard. Crossing surfaces should be maintained in good and even condition and in particular, reasonable measures should be taken to ensure that they do not present a trip or slip hazard and that they are safe for users in wet or icy conditions For crossings used by pedestrians and where the ballast shoulder is more than 450 mm higher than the approaches, consideration should be given to providing an area at or near to rail level that can act as a decision point for the user and at which they are in a position of safety. Page 12 of 21 RAIL SAFETY AND STANDARDS BOARD

13 Part 5 Legal framework 5.1 Introduction to legal framework The provision of new, and the alteration and modification of existing, level crossings are all subject to legal requirements with respect to compliance with design, construction, operation, consultation and safety standards. The changing of the operational method or the complete closure of a level crossing are also subject to legal requirements. The applicable legal requirements should be complied with before, during and after any works A number of applicable Acts and Regulations in force at the time of publication of this Guidance Note are given in Appendix B Appendix A sets out some of the statutory requirements to be considered in relation to each of the following activities: a) The provision of new level crossings b) The alteration and modification of existing level crossings c) The maintenance of level crossings d) The complete closure of existing level crossings Appendix A in particular is intended to provide an introductory view of a number of relevant legal considerations. It assumes that each level crossing in existence had legal authority put in place when it was provided and only considers the procedures in outline for the provision of new crossings, works to existing crossings having legal authority, and the complete closure of level crossings of whatever description Since the law in this area is complex and the specific circumstances of each proposed or existing level crossing will be different, specialist legal advice should be sought whenever the above activities are contemplated. RAIL SAFETY AND STANDARDS BOARD Page 13 of 21

14 Appendix A Legal framework A.1 New level crossings A The legal framework applicable to level crossings was established by the Highway (Railway Crossings) Act 1839 followed by the Regulation of Railways Act 1842 (Section 9) and has been developed through a number of legislative and regulatory changes since. A A As a new level crossing would either form part of a new railway or provide a new point of crossing an existing railway it would be subject to the Transport and Works Act 1992 in England and Wales, requiring authorisation by way of an order made by the Secretary of State, or in Scotland, an Act of Parliament, private bill, or light railway order. A new level crossing would also be subject to the requirements of the Level Crossings Act 1983, as amended by the Level Crossings Regulations 1997 ( the Level Crossings Act ) in relation to the provision of equipment and road signs, road markings, and operational requirements. Further details of the Level Crossings Act are set out below. A.2 The alteration and modification of level crossings A.2.1 General A Different considerations apply, depending on whether the level crossing in question is public or private. A Works to level crossings are regulated by statute and can be subject to contractual arrangements and planning legislation concerning their use. A.2.2 Public level crossings A All works altering or modifying a level crossing on a road or other highway to which the public has access require an order to be made by the Secretary of State pursuant to Section 1 of the Level Crossings Act. An order may require that a previous order be revoked or varied. A A A In most circumstances the function of making orders is delegated to HMRI. There is no limit to the number of requests that can be made for an order under the Level Crossings Act for a particular level crossing, nor to the number of elements of an existing order that can be revoked or varied. In practice, after three variation orders have been made, the Secretary of State has usually insisted that a new order is made for a subsequent variation. The type of work requiring an order could include: a) Altering the dimensions of a level crossing b) Changing the method of operation c) Provision of telephones d) Altering time cycles e) Provision of cattle cum trespass guards f) Altering traffic signs or road markings g) Constraining the use of audible warning devices. A Such orders have to be obtained before works can be commissioned. Page 14 of 21 RAIL SAFETY AND STANDARDS BOARD

15 A.2.3 Works to existing public level crossings pre-1997 A Prior to the enactment of the Level Crossing Regulations 1997 works to existing public level crossings required either: a) A statutory order made in accordance with either: i) The British Transport Commission Act 1957 (Section 66) ii) The Transport Act 1968 (Section 124) iii) The Level Crossings Act 1983, or b) Written consent given in accordance with the British Transport Commission Act 1954 (Section 40). A A Section 66 of the British Transport Commission Act 1957 and section 124 of the Transport Act 1968 have both been repealed. However, any orders made before 1 April 1997 have effect as if they were made under the Level Crossings Act 1983 and any order made under the repealed sections can be varied or revoked under the Level Crossings Act. Section 40 of the British Transport Commission Act 1954 has also been repealed. Consents given under this section should have been replaced with orders obtained under the Level Crossings Act. A.2.4 The procedure for obtaining an order after 1997 A Pursuant to the Level Crossings Act, the Secretary of State may make an order either: a) At the request of an infrastructure controller b) At the request of an infrastructure controller following written notification issued by the Health and Safety Executive ( HSE ) c) Without the request of an infrastructure controller. A Before an infrastructure controller makes a request for an order, he should: a) Notify each local authority in whose area the level crossing is situated b) Provide a copy of the draft order c) Specify the period (not being less than two months) within which the local authority may make representations to the Secretary of State in respect of the request. A A Where the Secretary of State seeks to make an order without the request of an infrastructure controller, he is required to send a copy of the draft order to the relevant local authority and the relevant infrastructure controller (where applicable) inviting them to make representations in respect of the order. The draft order should include the following information: a) Site specific title b) Provision for subsequent insertion by HMRI of two dates i) made and ii) coming into force c) Legal definitions d) Revocation of the original order or authority, where appropriate e) A schedule defining the location details and grid reference RAIL SAFETY AND STANDARDS BOARD Page 15 of 21

16 f) Particulars of barriers, lights, signs, road markings, and other equipment to be provided or modified by the infrastructure controller g) Requirements for the infrastructure controller to observe while the order is in force, and an explanation of how the crossing is to operate h) A ground plan of the general arrangement of the level crossing and its new provisions. A A No works that physically change or impinge upon the use of the existing crossing should proceed until the coming into force date of the order. Arrangements therefore need to be made, in collaboration with the HMRI and other agencies, to regularise the transition period between the existing and new orders. Draft orders, together with the required particulars and plans, are to be submitted to: The Secretary of State for Transport c/o HM Railway Inspectorate A.2.5 Private level crossings A Investigations into any statutory or contractual restrictions on the use of a private level crossing should be made, particularly if any works are suspected to result in a change of use of the level crossing, for example from agricultural to leisure. A A A A A Depending on the findings of the investigations, the infrastructure controller may inform the authorised user that the use of the crossing is considered to be outside that permitted and ask them to desist. If the unauthorised use continues, legal advice should be sought, and the local planning authority consulted in case planning permission is required for the change of use. If it is found that planning consent has been granted, and that the infrastructure controller was not consulted, then HMRI should be advised of this failure immediately. Legal advice should also be sought to establish if any legal remedies are available. If the change of use is permanent, or likely to continue for an extended time, then the level crossing risk assessment should be reviewed and the suitability of the protection arrangements considered. If the change of use is not thought to have materially altered the risks at the crossing, it might be appropriate to grant a licence to the user for the changed use, which clearly indicates that such use is by agreement only and stipulates suitable limitations. If it is thought that the crossing is additionally being used by persons, on foot or otherwise, that may not be considered as invitees of the authorised users, then appropriate non-dedication notices should be provided at the crossing as quickly as possible. This apparent use by the public should then be discussed with the authorised users and possibly also the local authority. It is possible that such use is unwelcome by them and that joint or coordinated measures may prevent or reduce it. A.3 Maintenance of crossings A Maintenance works do not normally require an order made pursuant to the Level Crossings Act or any other legislation. Page 16 of 21 RAIL SAFETY AND STANDARDS BOARD

17 A.4 Closure of a crossing A Different considerations apply depending on whether the closure relates to a public or private level crossing. A.4.2 Closure of level crossings on public roads A Level crossings on roads to which the public has access are regulated by statute and orders that arise from special Acts of Parliament. The decision to close a level crossing on a road to which the public has access will be determined in part in accordance with the criteria set out in Railway Group Standard GI/RT7011, and only after consultation with relevant bodies. A A Sections 1 and 5 of the Transport and Works Act 1992 ( the 1992 Act ) give the Secretary of State the power to make an order relating to the operation of a railway. This includes the closure of a level crossing to a carriageway to which the public has access. However, it is improbable that an order closing a level crossing would be made unless the reason for the closure were valid and alternative means of crossing the railway was made available, if necessary, as set out in Section 5(6) of the 1992 Act. An order to revoke an existing order under the Level Crossings Act should be made in accordance with the procedures set out in the Level Crossings Act (and as outlined above). A.4.3 Permanent closure (stopping up) of public footpaths and bridleways by a local authority A By Section 118A of the Highways Act 1980 if a local authority considers that it is expedient in the interests of the safety of members of the public using, or likely to use, a footpath or bridleway which crosses a railway other than by a bridge or tunnel, that is, a level crossing, it may make an order (rail crossing extinguishment order) removing the public right of way. A A A An extinguishment order removes the public right of way over the path or way or the crossing itself, together with so much of its length as the local authority deem expedient from the crossing to its intersection with another highway with public rights of access. The extinguishment order is to be submitted to, and confirmed by, the Secretary of State, or confirmed by the local authority as being an unopposed order. An infrastructure controller of the railway may request the local authority to apply for an extinguishment order. The local authority can require the infrastructure controller to enter into any agreement for a contribution towards the local authority s expenses in connection with the erection or maintenance of barriers and signs. Where a local authority neither confirms nor submits the infrastructure controller s request for an order, section 120 3(A) of the Highways Act 1980 allows the Secretary of State to issue the extinguishment order without consultation with the local authority. The Highways Act 1980 also provides that the Secretary of State can, by an order, require the infrastructure controller who has made an application for an extinguishment order pursuant to section 120 3(A) to provide a tunnel or bridge or improve an existing one. A.4.4 Diversion of public footpaths and bridleways crossing railways A By Section 119 A of the Highways Act 1980, if a local authority considers that it is expedient in the interests of the safety of members of the public using, or likely to use, a footpath or bridleway which crosses a railway other than by a bridge or tunnel, that is, a level crossing it may make an order (rail crossing diversion order) diverting them. RAIL SAFETY AND STANDARDS BOARD Page 17 of 21

18 A A The local authority can create a new footpath or way as appears requisite for effecting the diversion, and extinguish the public right of way over the crossing itself and over so much of the path or way of which the crossing forms part as appears to the local authority to be requisite. The order is to be submitted to, and confirmed by, the Secretary of State, or confirmed by the local authority as being an unopposed order. Where a local authority neither confirms nor submits an infrastructure controller s request for an order, the Secretary of State can, by section 120 3(A) of the Highways Act 1980 issue the order without consultation with the local authority. However, Section 48 of the Transport and Works Act 1992 provides that the Secretary of State can, by an order, require the infrastructure controller who has made an application under section 120 3(A) of the Highways Act 1980 to provide a tunnel or bridge or improve an existing one. A.4.5 Closure of level crossings on land in private ownership land in single ownership both sides of crossing A The provision of a private crossing should usually be subject to a deed which specifies who has authority to use it, although this is not generally the case in practice. A A In order to close a private level crossing the deed holder, the landholder, and anyone having a legitimate interest in it, should be established and an agreement sought with them to release their rights, thus allowing the closure of the level crossing. All parties having an interest in the crossing, including tenants or holders of easements must grant their consent to a release. Upon reaching an agreement, which may include any alternative access arrangements and/or compensation, a Deed of Release should be drafted by the infrastructure controller s solicitors for execution by all the interested parties and advice sought on the legal effect of the documentation. A.4.6 Closure of level crossings in private ownership land not in single ownership both sides of crossing A When ownership of land on one side of a crossing is transferred to a new owner and no rights of access, or easements or other third-party rights have been granted or retained by the vendor relating to the deed applicable to the level crossing, then no Deed of Release is required before closing the level crossing. The purpose of the original deed will have been extinguished if no such rights are granted. A.5 Offences A There are many offences contained in legislation relating to level crossings that apply to acts or omissions around the opening and closing of gates, the application of the relevant regulations and compliance with existing orders, as well as compliance with the Health and Safety at Work Act A Section 3 of the Level Crossings Regulations 1997 makes it an offence under the Health and Safety at Work Act section 33(1)(c) for an infrastructure controller responsible for a level crossing not to comply with any order made under Section 1 of the Level Crossings Act, whether or not the order was in place before the making of the Regulations. Defences are set out in section 3(2) of the 1997 Regulations and include: a) That the contravention was due to the act or default of another person not being an employee of the infrastructure controller; and b) That the infrastructure controller took all reasonable precautions and exercised all due diligence to avoid the contravention. Page 18 of 21 RAIL SAFETY AND STANDARDS BOARD

19 A A A In relation to private level crossings, section 75 of the Railways Clauses Consolidation Act 1845 and section 68 of the Railways Clauses Consolidation (Scotland) Act 1845 it was an offence to fail to shut or fasten any gate at an accommodation crossing. Section 49 of the Transport and Works Act 1992 amended the sections to include barriers, as well as gates. Some accommodation crossings constructed under legislation enacted before 1845 were considered not to have been addressed by the section 49 amendments. The Accommodation Level Crossings Act 1995 made provision that all accommodation crossings created for the benefit of owners or occupiers of land adjoining a railway should be subject to the section 49 amendments and any pre legislation ceases to have effect. In relation to private level crossings, sections 52, 53, and 54 of the Transport and Works Act 1992 relate to the placing and maintenance of recognised signs at level crossings. Section 55 of the Transport and Works Act 1992 states that an offence may be committed if an authorised user fails to comply with instructions provided on a sign at a private crossing. In relation to the approval of new works pursuant to the Transport and Works Act 1992 it is an offence to contravene any regulations made under that Act. RAIL SAFETY AND STANDARDS BOARD Page 19 of 21

20 Appendix B Relevant legislation referred to or current and in force on 1 January 2005 Railways Clauses Consolidation Act 1845 (Section 61) Road and Rail Traffic Act 1933 (Section 42) British Transport Commission Act 1954 (Section 54) Repealed British Transport Commission Act 1957 (Section 66) Repealed for orders made after 1 April 1997 Transport Act 1968 (Section 124) Repealed for orders made after 1 April Repealed in Scotland by the Level Crossing Regulations Repealed in England and Wales by the Transport and Works Act 1992 Health and Safety at Work Act 1974 including: a) The Management of Health and Safety at Work Regulations 1999 b) The Railways (Safety Case) Regulations 2000 c) The Railways (Safety Critical Work) Regulations 1994 d) Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 e) Level Crossings Act 1983 Road Traffic Regulation Act 1984 Electricity at Work Regulations 1989 Town and Country Planning (General Development Procedure) Order 1995 Transport and Works Act 1992 Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994 Level Crossings Regulations 1997 Road Traffic Act 1991 The Traffic Signs Regulations and General Directions 2002 a) Part I The Traffic Signs Regulations 2002 b) Part II The Traffic Signs General Directions 2002 The Accommodation Level Crossings Act 1995 Private Crossings (Signs and Barriers) Regulations 1996 Traffic Signs (Welsh and English Language Provisions) Regulations and General Directions 1985 Page 20 of 21 RAIL SAFETY AND STANDARDS BOARD

21 References Document to be Withdrawn as of 03/04/2010 The Catalogue of Railway Group Standards and the Railway Group Standards CD-ROM give the current issue number and status of documents published by RSSB. This information is also available from Documents referenced in the text The Railway Group Standards Code Railway Group Standards GE/RT8025 GE/RT8034 GI/RT7011 GI/RT7012 GI/RT7033 Electrical Protective Provision for Electrified Lines Maintenance of Signal Visibility Provision, Risk Assessment and Review of Level Crossings Requirements for Level Crossings Lineside Operational Safety Signs RSSB documents GI/GN7611 Guidance on Provision, Risk Assessment and Review of Level Crossings Other References Guide to the approval of railway works, plant and equipment A guide to the Level Crossings Regulations 1997 HS(G)153/1 Railway Safety Principles and Guidance HSE HS(G)153/6 Railway Safety Principles and Guidance HSE Part 2 Section E Guidance on level crossings Part 2b Stations Barrow crossings Part 2c Traction Electrification issues RAIL SAFETY AND STANDARDS BOARD Page 21 of 21