When will we see the end of level crossings?

[221129]

Highway code - do not stop on a level crossing

Which applies to Motorists.

Never drive onto a crossing until the road is clear on the other side and do not get too close to the car in front. Never stop or park on, or near, a crossing.

 

[221129]

Surely it can't be both? The railway authority (Network Rail) can ban someone from their property, but the public highway is - as the name suggests - public.

Same goes for public rights of way through farms etc.

 

[NSEFAN]

Surely it can't be both? The railway authority (Network Rail) can ban someone from their property, but the public highway is - as the name suggests - public.

Is it still a public highway when the barriers are down?

 

[221129]

Is it still a public highway when the barriers are down?

Yes...

 

[66Yorks]

Yes...

I would agree that it is still a public highway.

 

[cjmillsnun]

Surely it can't be both? The railway authority (Network Rail) can ban someone from their property, but the public highway is - as the name suggests - public.

Of course it can be both. Public highways and rights of way can be privately owned and/or maintained (although in this case it's not as Network Rail is public sector). They just have to maintain access when safe.

 

[najaB]

A public right of way can cross privately owned land, this is not in question.

The question was if the crossing was a public highway (i.e owned by the local authority/highways agency) or a public right of way across land owned by Network Rail.

If, for example, I was to trip on a pothole and break my ankle would it be NR or the LA who would be on the hook if I made a claim for medical expenses?

 

[cjmillsnun]

A public right of way can cross privately owned land, this is not in question.

The question was if the crossing was a public highway (i.e owned by the local authority/highways agency) or a public right of way across land owned by Network Rail.

If, for example, I was to trip on a pothole and break my ankle would it be NR or the LA who would be on the hook if I made a claim for medical expenses?

The legal definition of highway includes all public rights of way. Anyway in the case of the level crossing your claim would be against NR.

 

[lejog]

A public right of way can cross privately owned land, this is not in question.

The question was if the crossing was a public highway (i.e owned by the local authority/highways agency) or a public right of way across land owned by Network Rail.

If, for example, I was to trip on a pothole and break my ankle would it be NR or the LA who would be on the hook if I made a claim for medical expenses?

The answer to your question is it depends on the exact legal status of the land and who is responsible for maintenance.

In England at least, when a highway is "adopted" then ownership is "vested" in the relevant highway authority. Which means they effectively take ownership of the land between a metre or two below the surface to the height just above the street lamps, for as long as the land is a highway. They also become responsible for maintenance.

If a road is "unadopted" (often called "private") then the owners retain ownership and are largely responsible for maintenance.

However I know that the approach road to my local station is neither of these and has a status "other", which I believe means it is subject to an individual agreement between the local council and the railway regarding maintenance/ownership.

I rather suspect level crossings will have status "other" too.

 

[snowball]

In post #225 I quoted and linked a press release about a scheme to close several LCs between Newtown and Machynlleth:

http://www.railforums.co.uk/showpost.php?p=2824914&postcount=225

Now there's another press release about it:

https://www.networkrail.co.uk/feeds...prove-safety-as-part-of-railway-upgrade-plan/

Network Rail showcases £7.5m Mid Wales scheme to improve safety as part of Railway Upgrade Plan

Montgomery’s Assembly Member, Russell George, joined Powys Councillors Diane Jones-Poston and Les George to see rail safety improvements in Talerddig, which are being carried out as part of Network Rail’s Railway Upgrade Plan.

The project includes the construction of two kilometres of new highway and two new road-over-rail bridges at Ystrad Fawr and Rallt, enabling the closure of eight rural railway crossings.

Welsh Government Economy Secretary, Ken Skates, said: “With £3 million funding from the Welsh Government, this will allow essential work to be carried out in Mid Wales to improve rail safety which is a key commitment of the Welsh Government. During this project we will work with our partners, Network Rail, to minimise disruption to services.”

Russell George, AM for Montgomeryshire, said: “It’s fantastic to see the progress on site. I was particularly impressed by the way Network Rail and Powys County Council are working collaboratively to deliver this major infrastructure project, without disrupting rail passengers travelling through the area.”

Andy Thomas, route managing director for Network Rail Wales, said: “We are investing more than £100 million to improve level crossing safety across Britain as part of our Railway Upgrade Plan. The level crossing closures in Talerddig will help reduce risk, improve safety and support the local economy.”

Caersws and Carno County Councillor Les George said: “This vital rail safety project will also produce massive benefits for the local agri-business economy allowing farmers to further invest in their farming enterprise by allowing the safe movement of efficient modern heavy goods vehicles transport. These projects are good value for money for everyone.”

Councillor Diane Jones-Poston, who represents Llanbrynmair, added: “I’ve been involved and supported this scheme from its inception so it’s really great to see these plans come to fruition. Once complete, it will be much safer and easier for local people to cross the railway.”

The upgrade work started in January 2017 and is expected to be completed by spring next year.

The scheme is funded by Network Rail Wales in partnership with Welsh Government, who provided £3m of funding. Powys County Council is delivering the scheme through their contractors Dawnus.

 

[Joseph_Locke]

Yes...

Careful. Level Crossings exist by means of a statutory instrument called a Level Crossing Order. The order will set out the conditions and legal niceties of the operation and protection of the crossing. I think you'll find that the system operator (currently NR) will have powers to temporarily stop up the highway / right of way to permit the passage of trains. If persons wilfully ignore the temporary closure of the highway / right of way I suspect they will be trespassing.

 

[Chester1]

It is interesting how level crossing closure programs can be sufficiently popular for politicians to boast about their involvement e.g. the article above or politically toxic. Perhaps the current slow decline in the number of level crossings could be speeded up through a national review of all level crossings. Every level crossing of any kind could be put into one of 3 categories: listed for closure, could be closed following infrastructure works and not viable to close. The vast majority would fall into the second category but perhaps several hundred could be closed immediately (e.g. pedestrian only crossings). It would make it easier to estimate cost of future improvement works. I can't see the number dropping to close to zero in any of our life times but several hundred crossings should be a realistic long term goal. Health and Safety laws are only likely to get tighter.

Edit: on a tangent - we always have a shortage of infrasture projects ready to begin quickly as part of stimulus spending during reccessions. Level crossing closures and replacement bridges could be fit the requirements.

 

[Llanigraham]

Yes...

Much too simplistic an answer, I'm afraid.

You need to study, in detail, the enabling Acts for the original railway, any subsequent Acts, plus the exact definitions of the Right of Way on the Definitive Rights of Way Map or the Council List of Streets.

It is a VERY complex field!!

 

[Llanigraham]

It is interesting how level crossing closure programs can be sufficiently popular for politicians to boast about their involvement e.g. the article above or politically toxic. Perhaps the current slow decline in the number of level crossings could be speeded up through a national review of all level crossings. Every level crossing of any kind could be put into one of 3 categories: listed for closure, could be closed following infrastructure works and not viable to close. The vast majority would fall into the second category but perhaps several hundred could be closed immediately (e.g. pedestrian only crossings). It would make it easier to estimate cost of future improvement works. I can't see the number dropping to close to zero in any of our life times but several hundred crossings should be a realistic long term goal. Health and Safety laws are only likely to get tighter.

Edit: on a tangent - we always have a shortage of infrasture projects ready to begin quickly as part of stimulus spending during reccessions. Level crossing closures and replacement bridges could be fit the requirements.

Want to bet! The Ramblers Association have an active and on-going programme to query and object to the closure of any Public Footpaths or Bridleways, even to the extent of forcing Public Enquiries against closure. I have known some to have taken over 5 years to close, and many have failed due to objections.

And there are other bodies just as vociferous against closure of other crossings, from the NFU to GLASS to the Carriage Drivers Assoc.

 

[bramling]

Want to bet! The Ramblers Association have an active and on-going programme to query and object to the closure of any Public Footpaths or Bridleways, even to the extent of forcing Public Enquiries against closure. I have known some to have taken over 5 years to close, and many have failed due to objections.

And there are other bodies just as vociferous against closure of other crossings, from the NFU to GLASS to the Carriage Drivers Assoc.

Personally I can sympathise with people objecting to the closure of a foot crossing. In most cases the inconvenience will range from having to climb steps to a lengthy detour, whilst the consequences of misuse are extremely unlikely to prove dangerous to rail passengers. Road crossings are a different matter entirely, especially UWCs but also AHBs and open crossings.

 

[Shaw S Hunter]

Personally I can sympathise with people objecting to the closure of a foot crossing. In most cases the inconvenience will range from having to climb steps to a lengthy detour, whilst the consequences of misuse are extremely unlikely to prove dangerous to rail passengers. Road crossings are a different matter entirely, especially UWCs but also AHBs and open crossings.

Perhaps you'd like to read this and reconsider:

http://www.bbc.co.uk/news/uk-england-south-yorkshire-40886222

Rossington level crossing closed over safety fears

This particular crossing has been a problem for years. While this closure is a temporary measure it could well set a precedent for many locations.

 

[edwin_m]

Perhaps you'd like to read this and reconsider:

http://www.bbc.co.uk/news/uk-england-south-yorkshire-40886222



This particular crossing has been a problem for years. While this closure is a temporary measure it could well set a precedent for many locations.

Previous poster is strictly correct in saying foot crossings are

extremely unlikely to prove dangerous to rail passengers

.

(at least if the railway is kept clear of large but liftable items that could be put on the track, but that's another issue).

I think this is the one where there is (was) a third track to cross associated with the former Rossington colliery. I visited about 10 years ago and the sightlines seemed pretty good. However if there are kids lingering on the track the sightlines are probably pretty academic.

This happened at what was then the next crossing up the line:

At approximately 19.15 on 19 June 1990 Mrs Smith, accompanied by her two sons and a neighbour's daughter, was attempting to cross over the Carr Lane footpath and bridleway crossing, Bessacarr, Doncaster, when she and two of the children were struck and killed by a northbound passenger train travelling at speed.

http://www.railwaysarchive.co.uk/eventsummary.php?eventID=420

 

[snowball]

In post #225 I linked and quoted a press release about a scheme to replace several level crossings on the Cambrian line.

The scheme has now been completed:

https://www.networkrail.co.uk/feeds/completion-of-7-5m-scheme-creates-a-safer-railway-for-mid-wales/

Network Rail celebrated the completion of a multi-million-pound project to improve rail safety in Talerddig on Friday 22 June, following significant investment by both UK and Welsh Governments.


Network Rail Wales and Borders – funded by the UK Government – invested £4.5m in the project in partnership with Welsh Government who dedicated the remaining £3m. The enhancements were delivered by Powys County Council and include the construction of two kilometres of new highway and two new road-over-rail bridges spanning the Cambrian Line at Ystrad Fawr and Rallt. The new bridges have enabled the closure of eight railway crossings, making it safer for people to cross the railway.

Secretary of State for Wales, Rt Hon Alun Cairns MP said: “Railway stations are at the heart of the towns, villages and cities they serve. Improving the safety of these facilities for communities and passengers alike is of crucial importance and I’m delighted that the UK Government has been able to support this important scheme for Mid Wales. Delivering this major infrastructure project in rural Wales is an important step in making it much safer and easier for local residents and visitors to cross the railway.”

Transport Secretary, Ken Skates, said: “Our £3m investment has enabled the delivery of this project, which will go a long way to improving safety on the Cambrian line. We are pleased to have worked with Network Rail and Powys County Council on this important scheme that has boosted the local economy through the use of Wales-based companies, and will genuinely improve rail facilities for locals and visitors alike.”

Bill Kelly, acting route managing director for Network Rail Wales and Borders, said: “We are delighted that the improvements at Talerddig have been completed on schedule, following investment from both the UK and Welsh Governments. Working closely with our partners at Powys County Council, we have delivered a scheme that has provided safer and better routes across the railway for local people.

“I am pleased to see a ‘made in Wales’ approach used in this project, with almost 80 per cent of the suppliers and contractors involved based in Wales, delivering an improved railway for Talerddig.”

Montgomeryshire AM, Russell George said: “It’s fantastic to see the completed road scheme and bridges. Network Rail and Powys County Council have worked collaboratively to deliver this infrastructure project with the support of both the Welsh and UK Government.

“This new road scheme has made a huge difference to a number of residents who had to cross the railway to get to and from their properties. It is a significant safety improvement and will also allow farmers to further invest in their businesses.”

Montgomeryshire MP, Glyn Davies said: “The Cambrian Line is a vital transport link between Mid Wales and the UK’s rail network, hugely important for our economy, especially tourism. The UK Government, the Welsh Government and Powys Council have worked together to make the Cambrian Line safer for those who need to cross it, and invest in the long-term viability of this transport connection. It’s a day to celebrate investment in the successful future of Mid Wales”

Cllr Phyl Davies, Powys County Council’s Cabinet Member for Highways, said: “I’m delighted that this road and rail improvement project has been completed, which now makes it safer for people to cross the railway.

“This important infrastructure project that we have successfully delivered will make a huge difference in the local community.”