Level CrossingsSafety Regulation

in Great Britain

Don WilsonHM Principal Inspector of Railways

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Railway Act from 1846

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Traditional gated crossing

‘good and sufficient’ gates‘proper persons’ to open and shut the gates

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Typical rural footpath crossing

Duty on railway to maintain convenient approaches and

sufficient gates or stiles

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Traditional gated ‘private’ crossing

Duty on railway to maintain convenient gates -user-worked crossings

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Modernisation – 1950s onwards

• Driven by high staff costs and road traffic delays

• Lifting barriers instead of gates• Some crossings without barriers• Automation• Road traffic signs, signals and road markings• Different types to cater different needs – full

barrier/open crossings• LEVEL CROSSING ORDERS

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What do level crossing orders do

• Vary earlier requirements in railway Acts• Place duties on the railway and the local

traffic authority• Specify protective equipment and

requirements for the operation of the crossing• Require and authorise traffic signs, signals

and road markings• Take account of convenience of users• Require consultation and co-operation

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Railway & traffic authority co-operation

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The basic legal framework in Great Britain

‘old railway law’railway Acts

‘new railway law’level crossing

orders

general health & safety lawThe Health & Safety at Work etc Act 1974

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What does ORR do?• Combined safety and economic regulator for

main-line and minor railways• Inspections and investigations on level crossing

safety (and convenience - Airtrack)• Inspectors and inspection plans• Improvement and prohibition notices (e.g.

profile)• Prosecution (e.g. Croxton & West Lodge)• Make level crossing orders (or not)• Scrutinise efficiency

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Other ORR activity

• Traffic authority duties under level crossing orders

• Business users of level crossings• Planning authorities• Equalities Act considerations• Advice and guidance• Contribution to efforts for law reform• Efforts to influence sentencing guidelines• Consider application of new technology

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Role of the British Transport Police

• Enforcement of road traffic and ‘endangering safety of the railway’ legislation

• Enforcement cameras• Greater awareness of crossing misuse –

sentences slowly increasing?• New penalties?

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Overall aims• High standard of site specific risk assessment• Consultation and co-operation• Protective measures in accordance with general

principles of prevention• Sensible prioritisation and cost effectiveness• Regular review• Working with others towards long-term solutions• Innovation• Clearer, simpler, law