This final report is particularly important for road-controlling authorities and anyone involved in work on roads in the rail corridor (eg level crossings).
- Key point: KiwiRail’s system for permitting contractors to work in rail corridor should satisfy the needs of those contractors as well as KiwiRail, and it should not deter contractors from applying to enter the rail corridor.
What happened
A two-person team was painting road markings on a level crossing using paint applicator equipment fitted to the flat bed of a utility truck. (see diagram)
The truck driver unexpectedly drove on to the rails while the paint operator was still painting lines. The paint operator noticed a train approaching, about 260m away. Despite the paint operator’s shouted warnings, the truck driver stayed in the truck.
Emergency braking did not stop the train in time. It was travelling at 72 kph when it struck and destroyed the truck. The truck driver was fatally injured.
Why it happened
The rail access provider and train operator, KiwiRail, was unaware the workers were on site because the road marking contractor had not applied to KiwiRail for a Permit To Enter (PTE) the rail corridor. Had they done so, KiwiRail almost certainly would have organised protection, including a rail protection officer (RPO) and blocking rail traffic during the work.
However, meeting KiwiRail’s PTE requirements can be so prohibitive for contractors that non-compliance is a risk. On this occasion, the contractor could have had to organise and pay for a PTE and an RPO for multiple locations, each location requiring a PTE costing $975 and hundreds of dollars for a RPO. This is despite the Railways Act saying that KiwiRail “may not charge any amount for considering or deciding on a permission sought.
Safety issues and recommendations
- PTE system - practicability and cost: The current PTE system is impracticable and costly for businesses doing non-static and short-term work at multiple locations in the rail corridor. TAIC recommendation 018/22 calls for remedial action by KiwiRail, road-controlling authorities (eg NZTA Waka Kotahi, territorial authorities) and those requiring permits to enter.
- PTE system - risk: Paperwork and charges should not deter PTE applications Contractors doing transient work at multiple sites are more likely to choose non-compliance if they see the PTE system as overly rigid, difficult and costly. TAIC recommendation 019/22 calls for KiwiRail to ensure that requirements are affordable when measured against contract value, and that PTE fees comply with the Railways Act.
- TAIC watchlist - level crossings: Safety for pedestrians and vehicles using level crossings. This issue is on the TAIC Watchlist of serious transport safety concerns. In this case, the visible distance for road users at the crossing to sight approaching rail traffic was below the minimum requirement. The Commission has not made a recommendation. The risk is mitigated by the compulsory stop signage for the low level of road traffic using the crossing.
What we can learn
To manage the risks of working in the rail corridor, contractors must:
- Tell the rail access provider that they will be there
- Protect workers -- including appropriate risk training
- Ensure safety-critical communication equipment is designed and operated in a manner that avoids the potential for misunderstanding.
- Expect rail traffic at any time.