Level Crossings Safety Regulation in Great Britain Don Wilson HM Principal Inspector of Railways

1 Railway Act from 1846

2 Traditional gated crossing ‘good and sufficient’ gates ‘proper persons’ to open and shut the gates

3 Typical rural footpath crossing Duty on railway to maintain convenient approaches and sufficient gates or stiles

4 Traditional gated ‘private’ crossing Duty on railway to maintain convenient gates - user-worked crossings

5 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

6 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

7 Railway & traffic authority co-operation

8 The basic legal framework in Great Britain ‘old railway law’ railway Acts ‘new railway law’ level crossing orders general health & safety law The Health & Safety at Work etc Act 1974

9 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

10 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

11 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?

12 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