Rail Safety and How It Applies to ‘Private Crossings’ on your Farmland
In August, 2017 a freight train collided with a truck at a Private Crossing on the Wagoora-Yalboroo Road while travelling north of Mackay. The truck did not see the oncoming train and crossed the Private Crossing and was struck. The truck driver did not survive. After investigations took place it was discovered that even though there was a ‘STOP’ sign erected at the crossing at which the truck did stop at, the road vehicles had progressively cut the corner when entering and exiting this private road which resulted in the gradual widening of the junction. This meant that when the truck stopped at the STOP sign before crossing the tracks, he was at an angle to the oncoming train and due to his cab design, he was unable to see the train approaching. Whilst this particular crossing was consistent with the Queensland Rail standard, some enhancements were identified and were programmed for installation.
There are more than 23,000 Level Crossings in Australia. At all of these Level Crossings there exists a level of risk to safety. Accidents at Level Crossings are the primary cause of railway related fatalities among the general public. Even where active controls are in place, in 2017-2018 alone there were around 630 notifications of near misses between trains and road vehicles. Due to the high-risk Level Crossings pose to both rail employees and the general public, the Office of the National Rail Safety Regulator has held that no new Level Crossings should be constructed and where a new Crossing is necessary, safety risks must be eliminated or minimised through the design of new infrastructure.
There are two types of Railway Crossings throughout Australia –
- Public Railway Crossings and
- Private Railway Crossings.
Private Crossings (or ‘occupation’ crossings) are on private land (often farmland) and are usually exclusively used by the landowner or the landowners’ employees, agents, contractors or family members.
The risks of using these crossings are usually less compared to Public Crossings due to the limited, controlled traffic. The risks are increased if Private Crossings are made without the Rail Infrastructure Manager’s knowledge or consent and are considered illegal. Whilst Private Railway Crossings are subject to the requirements of the Rail Safety National Law (Queensland), they are not subject to the same signage requirements as Public Crossings.
Under the Rail Safety National Law (Queensland) those who have a Private Crossing on their land are required to enter into an ‘Interface Agreement’ with the Rail Infrastructure Manager if provided with a written notice.
The purpose of the Interface Agreement is for the Rail Transport Operator to enter into a written agreement with the Landowner who manages the private road to co-ordinate their roles, set out their responsibilities as well as implementing and maintaining measures to manage identified risks at these crossings.
Interface Agreements are not only used for railway crossings that cross public or private roads, but also where railways cross or operate parallel with another railway (including light rail or tramlines).
Whilst it is important for Landowners to communicate with the Rail Transport Operators to ensure that their Private Crossings are safe for themselves, their family and employees or visitors, Landowners should not accept the terms of any ‘standard’ agreement presented to them by Rail Transport Operators or the Rail Infrastructure Manager without first carefully reviewing the terms and seeking legal advice.
Landowners cannot be forced by Rail Transport Operators or the Rail Infrastructure Manager to enter into an Interface Agreement, however if they do not do so, it is likely that these Landowners will be denied access to cross these railway corridors at it does not form part of the Landowner’s land.
If you are approached by a Rail Transport Operator or the Rail Infrastructure Manager to enter into an Interface Agreement or to renew a pre-existing one, please take the time to review the terms and conditions and seek legal advice.
The content of this column is to provide a general guide on this topic. Professional advice should be sought about your specific circumstances.