Chapter F10 Other road-related funding policies

F10.5 Rail crossings

Introduction

The purpose of the Railways Act 2005 is to promote the safety of rail operations. Part 3 of the Act sets out the law relating to management of the rail corridor. In several places, it also clarifies the responsibilities of road controlling authorities (RCAs) and rail access providers.

The Act is designed to clearly identify who is responsible for the different aspects of infrastructure maintenance, particularly where roads and rail facilities meet. However, in certain places, it allows for agreements between RCAs and rail access providers, which may take a different approach than that laid out in the Act.

The sections of the Act that especially affect RCAs are noted below.

Railway drains

RCAs or local authorities are responsible for the maintenance of any drain on railway land that carries stormwater or sewage. However, the RCA or local authority must obtain the prior consent of the rail access provider or railway premises owner before entering any railway infrastructure or premises.

Legislation: Railways Act 2005, s74.

Easements over railway land

Any easements over railway land can only be granted by the rail access provider or railway premises owner concerned.

Legislation: Railways Act 2005, s75.

Lights and signs near a railway

The rail access provider has power to remove non-railway lights and signs where they may cause confusion to rail operators.

Legislation: Railways Act 2005, s76.

Prevention of damage to railway

The rail access provider or railway premises owner has power to enforce landowners or occupiers to remove, lower or trim any tree, hedge fence or wall to prevent:

• damage to rail infrastructure or railway premises
• danger to rail traffic.

Legislation: Railways Act 2005, s77.

Warning devices at level crossings

The rail access provider may erect notices and warning devices at level crossings. The rail access provider must consult with the RCA concerned with the objective of agreeing on the notices and warning devices. Any agreement reached must be recorded in writing.

Legislation: Railways Act 2005, s81.

Gates and cattle stops

Gates must not be erected at level crossings within 100 metres of a railway line unless the RCA agrees that it is necessary for public safety.

If there is a cattle stop at a level crossing, gates must not enclose the railway line and the cattle stop must not be between the gate and the railway line.

Legislation: Railways Act 2005, s82.

Maintenance of railway crossings

The licensed access provider is responsible for:

• forming, surfacing and maintaining carriageway at level crossings
• maintaining the bridge if a railway line crosses over a road by means of a bridge.

The RCA is responsible for:

• forming, surfacing and maintaining approaches to the level crossing
• maintaining the bridge if a road crosses a railway line by means of a bridge.

Note: The RCA and rail access provider can make an agreement with respect to the maintenance responsibilities that can override the provisions of this section.

Legislation: Railways Act 2005, s83.

Management of railway along or across a road

The licensed access provider and licensed rail operator may work and manage a railway line if it crosses a road provided that the flow of traffic across the railway is not impeded. If they wish to install or relocate a sign used for rail traffic control, the RCA must be consulted.

Note: This section does not apply to any light rail transit facility.

Legislation: Railways Act 2005, s84.

Rights of entry

Rail access providers may enter land or premises to get access to the railway, for the purposes of inspecting, maintaining or operating an existing railway, or completing one under construction.

Legislation: Railways Act 2005, s86.

Maintenance of rail infrastructure on roads

Licensed access providers may maintain railway infrastructure for railways, and therefore may alter any road features in order to do so.

Legislation: Railways Act 2005, s87.

Notice before alteration of rail infrastructure on roads

Before any alteration to a railway is made, the licenced access provider must give written notice (unless in urgent or emergency situations) to the local authority and any others who own features of the road likely to be affected by the work.

Legislation: Railways Act 2005, s88.

Charging for access to road reserve

Local authorities cannot charge any sort of rent for any rail infrastructure or railway premises on a road.

Legislation: Railways Act 2005, s91.