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Crossing the line

Early in 2010 the long-awaited review on level crossings conducted by the Law Commission is expected to emerge and possibly come out with some far reaching legal implications regarding heritage railways just as much as the national network.
It was originally announced in June 2008 that the joint consultation paper would be published in mid-2009. But with something as complex as the law relating to level crossings, the whole of the railway industry has had to wait.

Carefully watching and participating in the proceedings is the Heritage Railway Association as part of the advisory group alongside Network Rail, the Department for Transport and the Office of Rail Regulation. Others comprising the group are the Automobile Association, Department for Environment Food and Rural Affairs, Local Government Association, National Farmers Union; Transport Scotland; the Welsh
Assembly Government and the Road-Rail Interface Society Group, part of the Rail
Safety and Standards Board.

A statement issued by the Law Commission shows clearly why the project jointly with the Scottish Law Commission is taking longer than expected. It admits that the law is complex and all the 10,000-plus crossings throughout the UK have to be considered.

“Level crossings present the largest single risk of catastrophic train accident on Britain’s railways and the risk factor is rising over time,” the statement confirms. “The current law on level crossings is complex, outdated and difficult to access, creating problems for regulators, owners and operators and increasing the safety risk for users.

“The project is concerned with modernisation and simplification of the legal framework for level crossings. We aim to make recommendations with a view to reforming the framework so that it is more coherent, accessible and up-to-date, allowing for better regulation and reduction of risk.”

Regarding heritage lines, whether standard, narrow or any other gauge, one of the lawyers on the project at the Law Commission, Keith Vincent, told us exclusively that the heritage railway movement is being given full consideration throughout the consultation.

“We are hoping to publish the document early in 2010, possibly February or March,” he said. “We have certainly involved organisations such as the HRA who have been working alongside us.”

As Heritage Railway began its own investigation into what impact the crossings are having on the preserved lines, we discovered that many had no problems whatsoever. But just as in all walks of life it’s the bad news that makes the headlines and one of the high profile incidents involved the Dean Forest Railway on Wednesday 15 August 2007 between a train hauled by GWR 1400 0-4-2T No 1450 and a post at the Lydney Town level crossing.

Crash investigators were critical of the DFR following the accident which resulted in one person receiving serious injuries while the train and level crossing suffered minor damage.

In its report, the Railway Accident Investigation Board said the steam locomotive was propelling a GWR auto-coach having left Norchard station at 2.40pm.

“The train approached and struck the partially open northern secondary gate at Lydney Town level crossing,” the report confirmed. “The train continued through the crossing before being brought to a stand alongside Lydney Town station platform. The RAIB investigation identified that the immediate cause of the accident was that the driver of the train was unable to stop and struck the crossing gates.

“A casual factor was the excessive speed of the train and contributory factors were the wet condition of the rails following recent heavy rain, the locomotive crew’s lack of training and experience in controlling this type of train in these conditions, the failure of equipment that warned the level crossing operators that a train was approaching and the lack of any system for informing the train crew that this equipment was not working.”

The report also said that other possible contributory factors were the lack of working equipment on the train to lay sand on the rails, noise from road traffic at the level crossing and pressure on the DFR to minimise delays to road users. Publishing its recommendations, the RAIB stressed that it was impressed to see how management at the railway had quickly implemented required changes.

“The RAIB have made ten recommendations, all targeted at the DFR,” the published report revealed. “The recommendations concern the speed of trains approaching Lydney Town level crossing, adherence to speed restrictions, braking and sanding systems on the Dean Forest Railway, procedures for operating the Dean Forest Railway safely in a degraded mode, maintenance of treadles to a recognised standard, knowledge and experience of footplate crews, appointment of a health and safety adviser, notification of accidents and age-related standards for train drivers.

“The DFR has already taken action to address many of these recommendations by bringing into use sanding equipment on its trains, providing additional training for locomotive crews, making changes to the warning system at the level crossing and appointing a qualified person to act as health and safety director.”

All the recommendations are now in place severely limiting the chance of further incidents on the five level crossings. We take a look at them all in order, travelling from the south. Harbour Road is a manned full barrier crossing with road signals controlled from the adjacent Lydney Junction signalbox.

Lydney Bypass is an automatic half barrier crossing, operated automatically by the train in the down direction and by operation of a ‘train ready to start’ plunger on St Mary’s platform in the up direction. Lydney Town, a manned gated crossing with no rail or road signals other than stop boards and the approach of trains is advised by the operation of treadles which operate a visual and audible warning. It is situated on the former A48 in the centre of the town and sees heavy road use. It is a congested site with a road junction on each side of the crossing as well as the entrance to the local fire station.

Whitecroft is a manned gated crossing, usually manned by a crossing keeper on running days. On other days the gates are operated by train crews. There is no advice of the approach of trains but sighting is good in both directions. It is situated on the relatively quiet B4234 road.

Parkend, found at the north end of the station with no rail or road signals other than stop boards is a manned gated crossing. It is beyond the end of normal passenger working and is operated by the train crew for run round movements only. It is on the minor Parkend to Yorkley road.

Recognising there are problems with level crossings on the DFR, a spokesman pointed out that most of the difficulties are caused by motorists and pedestrians ignoring warnings signs and vandalism. In a frank statement, he said everything was being done against the lawlessness that the railway is suffering.

“There have been a number of incidents involving the three southern crossings,” he admitted. “Harbour Road sees numerous incidents of motorists and pedestrians not obeying the road signals or audible alarms, causing, on occasions, the signalman to stop the barrier sequence. On only one occasion has a vehicle actually hit a barrier but there have been a number of incidents involving minor damage to the road light units, probably caused by lorries.

“Lydney Bypass also sees motorists ignoring the road signals and there have been damage to road lights by lorries. The area is subject to vandalism with the telephones being removed from their cradles. Lydney Town has had the most serious incident involving a road vehicle where a car hit one of the gates while it was being opened to rail traffic. The gate hit the crossing keeper, causing injuries sufficient for him to attend hospital.”

He added: “There have been numerous incidents of road vehicles attempting to weave round the gates whilst they are being opened and other near misses involving the crossing keepers. Upgrading of the crossing is currently the subject of discussion between the DFR, ORR and Gloucestershire County Council. This level crossing was also the scene of an incident in 2007 where a train failed to stop at the gates while they were being opened, causing serious injury to a crossing keeper. This was the subject of a Rail Accident Investigation Branch investigation.”

Also, the spokesman explained that Parkend and Whitecroft have had fewer incidents, mainly because of the lighter road use. The ORR believes that the Law Commission findings will help reduce such incidents that have occurred on the DFR. Linda Williams, chief inspector of railways insists that it was right to include level crossings in the Law Commission project.

“I am delighted to see level crossings form part of the Law Commissions programme,” she comments. “We are doing what we can to help the Commission take the work forward. We believe the project has the potential to help reduce risks at level crossings while at the same time enabling gains in efficiency, for both road and rail users.

“I have encouraged participation in the project from the rail industry and others to ensure that we make the most of this opportunity.”

Another very high profile incident was when a train and a car collided at the Burmarsh Road level crossing on the 15-inch gauge Romney, Hythe & Dymchurch Railway in August 2003. It claimed the life of driver Kevin Crouch who was in charge of 4-8-2 locomotive No 5 Hercules.

At the start of this HR investigation into level crossings, we approached general manager Danny Martin who said: “Level crossing safety is very dear to all our hearts at New Romney so we would very much like to assist.”

Despite a number of attempts since, we have been unable to get a statement or comment from them. We understand and respect the feelings of emotion that still exist on the RHDR.

The South Devon Railway is another that is suffering from motorists and pedestrians trying to beat the train, although this is mainly on an open crossing. One worshipper at a local church decided to park a car actually on the railway line, according to operating manager and company secretary John Haslam.

“The South Devon Railway has two level crossings to which public roads lead or cross, one crossing where a private road crosses and a number of accommodation or occupation level crossings,” he tells. “There is a technical difference between the two, but it is hard to determine which is which.

“They are to allow private users access to their property across the line of the railway, either because the property was divided by the construction of the railway or just otherwise cut off by it. These occupation crossings are user-worked gate crossings and have no telephone to any controlling signalbox. They are not protected by fixed signals.”

He continues: “The user is reliant on stopping, looking and listening and only crossing after being satisfied that no train is approaching. Gates open away from the railway and do not cross the line. One user worked gate crossing is equipped with telephones to the controlling signalbox and it is possible to protect a crossing user using fixed signals as it crosses the passing loop.”

The private road crossing serves a South West Water pumping station and unless a vehicle is very large it is physically possible to cross the railway and be clear of the track before opening the security gate into the pumping station’s compound, although the signage warn against such a practice.  There is also a private crossing serving four dwellings which is an open crossing without gates and not forgetting the picturesque Staverton level crossing which is a locally manned gated type, fully interlocked with the fixed signals.

“The railway is responsible for the maintenance of the crossing surfaces and gates and gateposts,” insists Haslam. “As with the ‘big railway’ the near hits are with those people using the open crossing and taking their chance to cross in front of the train although fortunately few and far between.

“In the past a visiting worshipper at the local church parked on the railway line leading off the open crossing, not realising the error of their ways. Similarly a refuse vehicle was found waiting on the crossing during bin collection on one occasion, an incident not repeated since. I await the presentation on the reform of level crossing law with interest.”

Roaming around the 40-mile combined network of the Ffestiniog and the Welsh Highland Railway the visitor can see a variety of crossings. Phil Brown, deputy operating manager of the Ffestiniog Railway explains the complexities.

“These range from very simple accommodation and occupation crossings through to Britannia Bridge which although designated a crossing is so complex in terms of its layout it is designated a tramway so that trains will merge into the traffic for a brief period in order to continue their journey,” he reveals. “In the middle of this are our standard automatic open crossings, locally monitored.

“Each crossing is subject to a separate risk assessment which is designed to highlight potential problems. Any recommendations derived from that are then forwarded to the appropriate department to administer. It is all done on sightlines and line speeds to ensure that the line is in theory, safe.”

He continues: “The occupation/ accommodation crossings have a variety of use, since their installation either recently or during the rebuilding of the FR, some crossings have been overgrown on either side and are never likely to be used, yet some see use on a daily basis. An example of this is Cae’r Gors, near to Rhyd Ddu on the WHR which sees daily movements as part of a deforestation process going on.

“Like any level crossing, any long vehicle wishing to cross at these crossings rings up the railway control office to see guidance on whether it is safe to cross. Some of the other crossings are entirely down to the user and while we have never hit anybody we occasionally get vehicles and pedestrians going across in front of trains, but at a safe margin.”

The Snowdonia Riding Stables ring the railway to find out the times and movement of trains so that riders can safely cross at Tryfan Junction. At Ty’n y Coed on the WHR, the Railway Inspectorate was deeply concerned about one particular accommodation crossing where the user used the former trackbed as her driveway, but the access has now been changed with the WHR rebuilding scheme.

“The sightlines were appalling and as a result the owner now has her own level crossing which is normally closed against her,” Brown says. “Protecting gate signals indicate to the train crew whether the barriers are closed or open.
“Our automatic crossings give us very few problems. Those at the Blaenau end of the line however, are very susceptible to lightning. Our technician is well prepared for this and will remove fuses in the middle of the night when we don’t run trains. They’re then put back a few hours later when all is safe.”

He goes on: “The automatic crossings operate in much the same way to any main line crossing, with the crossing indicator being easily visible to the driver. Again, we have very few problems with these crossings, but from time to time we do get cars going across once the lights have started, but we have never hit anything. However, we have had a car hit us. In the 1990s, having stopped at the wig-wags, a train went across in accordance with the rules and was suddenly hit side on by the vehicle sitting at the crossing – their foot had slipped off the brake.

“Penrhyn Crossing is our only gated crossing which is still manned by a crossing keeper whenever passenger trains are operating. Outside these times, each driver, fireman, guard and brakesman is trained in the correct usage of the crossing which is protected by gate signals which when extinguished are allowed to be passed as far as the crossing itself. At least on one occasion a gate has been damaged by an errant road user.”

The FR operates unfitted works trains, so the crossing is additionally protected by separate stop boards on the approach to ensure that each train is under control.
Looking to the future Brown points out: “Britannia Bridge will come into being. This is a very complex crossing which has road traffic from four different directions. Unlike standard level crossings there will be no yellow box junction as it is too difficult to implement. The other problem is the high summer traffic in Porthmadog, you can find traffic queues back as far as Penrhyn.

“As a result, having obtained the crossing indication, the train will move gently out into the traffic, but stopping well short of any vehicle. The crossing will continue to function for longer than other crossings to enable the majority of road traffic to clear the bridge to allow the train a clear run through.”

Although level crossings are causing concern in many locations, some of the heritage lines are relatively free of problems. James Steward, operations director of the Mid Norfolk Railway tells us: “We have a number of crossings on our operational part of the line including two AOCLs and any effects are mitigated by a low speed restriction across them. In general, we have very few issues with our level crossings.”

The situation is similar on Peak Rail which has two manned crossings, although Tom Tait, a director confirms that impatient motorists can cause problems. “We find that motorists get irritated with having to wait at the gates but we have only ever had one incident when a motorist went through when the gates weren’t fully back,” he says. “We did take the number and the police have told us that if it happens again they will look into the matter.”

The situation on the Paignton and Dartmouth Railway is fairly unique with one of its three level crossings being owned and maintained by Network Rail. The heritage line operations manager Peter Roach tells us the arrangement works well.

“The crossing is outside Paignton station and is owned and maintained by Network Rail with shared use by both the PDSR and network train operating companies, although on completely separate lines,” he states. “The road is a one way street, mainly used by local traffic and by pedestrians. This crossing is operated by the train crews for both the PDSR and the TOCs. The control boxes are on either side of the crossing and the operator has direct sight of the crossing.

“One crossing is relatively high use but at very slow speed, this is because it is at the top of the loading ramp for the higher ferry crossing to Dartmouth. This crossing is adjacent to the signalbox and is controlled by direct line of sight.”

He continues: “The other crossing is at Kingswear station. This crossing is very low vehicle use and also pedestrian use, however, there is also use by large slow moving vehicles delivering or moving for storage, boats for the marina. The crossing is controlled by the signalbox at the higher ferry with the use of CCTV.”

Bucking the trend on level crossing policy is the North Norfolk Railway. For while many sectors of the rail industry are calling for such crossings to be eliminated, the NNR is shortly to be getting a new one installed, confides spokesman Colin Borg.
“The NNR has all the permissions necessary to reinstate a level crossing at Sheringham Station Road, restoring the connection between the Poppy Line and the national rail network,” he says. “The crossing has been authorised as a tramway style crossing for occasional use, around a dozen times a year.

“It will be used by the NNR to bring in visiting locos whose owners are unhappy with road transport and for bringing steam charter trains onto the line. EDF Energy has already moved electricity cables in preparation for construction of the crossing, which will take place in January and February next year. The crossing opening is scheduled for 11 March  2010 with Oliver Cromwell bringing the first train across. The crossing has been made possible by a successful appeal for £140,000.”

He adds: “The NNR has a level crossing on the approach road to the Sheringham Golf Club. This is of course fully signalled and protected to full HMRI standards and has caused us no operating problems, nor has it given rise to any major incident.”

It always seems to be Grosmont that people think of first in terms of level crossings of the North Yorkshire Moors Railway, but in reality there are another three crossings on the line. An AOC is at High Mill, Pickering, while at New Bridge, Pickering, there are worked gates from the signalbox.

Worked barriers from the adjoining signalbox with facility for user operation when the box is switched out can be found at Levisham. At Grosmont the gates are worked from the adjoining signalbox, which was a new structure to NER design opened in 1996. Previously there was a gate hut which was originally used by the crossing keeper. Problems do arise at Grosmont, mainly due to the movements of locomotives gaining access to and from the shed. General manager of the NYMR, Philip Benham, admits that frequent delays are caused by the engines.

“There is the inevitable delay to road users when the gates are closed to the road because the pattern of movements to get engines to and from the MPD requires three passes of the crossing,” he explains. “This together with high volume of shunting and other movements inevitably means the crossing can be closed frequently and sometimes for several minutes at a time. We have calculated that on a peak day Grosmont has the second highest number of train movements of any station in North Yorkshire.

“There is a high volume of pedestrian use both by passengers and the general population in the village. We have a warning alarm operated by the signalmen to warn pedestrians when the gates are about to be swung and locked. Illegal parking by road vehicles occasionally encroach onto the crossing and this has been the biggest single source of incidents since even more occasionally the end of a vehicle has been clipped although I am unaware of any damage.”

He adds: “Our biggest level crossing problem is at Trout Farm just north of Pickering. Ostensibly this was just an accommodation crossing with no controlled protection. Over many years it has developed informally into a crossing with much higher use. We have investigated closure but this is not practical and we have not been able to agree funding for the high cost of automation with the local landowner.

“Enforcing discipline on users to close the crossing gate broke down many, many years ago and over a period of about 20 years there have been three cases of vehicles being struck by a train, the most recent in September 2004. With a five miles per hour permanent speed restriction on the crossing, most impacts have been slight, although with damage to the road vehicles and there have been no serious injuries. We have just agreed with the Railway Inspectorate to make it a fully open crossing with just stop notices for users.

Until the findings of the Law Commission are made public, the heritage railway movement remains uncertain about what new regulations it will face in the future. One thing is certain though, that you cannot legislate against thoughtless and selfish members of the public. Or can you?