Laws, penalities and issues

Laws and penalties

Breaking road rules on or around level crossings could result in a fine and loss of demerit points.

Details can be found on the Roads and Martime Services website .

Penalties include:

• Failing to stop and give way at a stop sign or stop line at a level crossing
• Entering a level crossing when the warning lights, bells or boom gates are operating
• Entering a level crossing when a train is approaching and there is any danger of a collision
• Entering a level crossing when vehicles prevent you from clearing the crossing.

Level crossing closures

• Rail infrastructure in NSW has developed over 150 years. Early construction standards were for slow trains carrying light loads. Where a railway line cuts access to a road or property the rail authority was, and still is, legally obliged to provide and maintain access. In the early days level crossings were cheap to provide and, with slow train speeds and horse and cart road traffic, they did not represent significant risk. Since then significant changes have occurred in rail and road traffic type, density and speed, while much of the original alignment remains in place.
• There are over 3000 level crossings in NSW, of which over 1400 are public road crossings. The point at which road and rail meet at level crossings now represents significant danger to both road and rail users.
• Wherever possible, and where a practical alternative access exists, level crossings, both public and private, are closed. Crossings can be nominated for closure by local councils, Roads and Maritime Services, the rail industry or the general public.
• To close a level crossing an on site inspection and detailed reassessment is conducted, and alternative road routes are assessed to determine the impact of its closure on the community. Consultation is undertaken with local governments, Roads and Maritime Services, emergency services and the local community.
• Over the past four years, on average, 10 crossings per year have been permanently closed. All notices of level crossing closures are published in the Government Gazette.

State and national forums for level crossing issues

Level crossing issues are addressed at state and national levels.

State: The Level Crossing Strategy Council meets every second month and is supported by an officer level working group.

National: Australian Level Crossing Assessment Model National Committee (National ALCAM Committee) meets every three months and has representation from the state jurisdiction, Northern Territory and New Zealand.

The National ALCAM Committee oversights the application and development of the ALCAM.

Australian Transport Council (ATC)

Established in June 1993, the ATC provides a forum for Commonwealth, State, Territory and New Zealand Ministers to consult with and provide advice to governments on the co-ordination and integration of all transport and road policy issues.

Standing Committee on Transport (SCOT)

SCOT is comprised of chief executives of Commonwealth and state road and transport agencies. SCOT supports the ATC by providing advice on a range of policy and technical matters, with assistance from a number of subcommittees.

Standing Committee on Transport (SCOT) Safety Standing Sub Committee

The SCOT Safety Standing Subcommittee develops advice to improve the public health outcomes and social impact of transport related trauma through delivering a safer transport system.

Rail Level Crossing Group (RLCG)

This is a subcommittee of the SCOT Safety Standing Sub Committee established to progress level crossing safety issues at a national level. The Rail Level Crossing Group has recently released a National Level Crossing Strategy and draft action plan .

Australian Level Crossing Assessment Model National Committee (National ALCAM Committee)

The National ALCAM Committee oversights the application and development of the ALCAM. This Committee reports to the RLCG.

Level Crossing Strategy Council - yearly report 2008/09

The Level Crossing Strategy Council (LCSC) is a NSW interagency forum which promotes coordination between agencies regarding railway level crossing safety.

• Download the Council's 2008-09 yearly report (pdf 470KB)