Recommendation Date
Recipient Name
Tranz Rail
Text
Identify all other private level crossings that the public are invited to use to ensure that:
- the appropriate authority has been given for such use
- the deed of grant contains appropriate conditions that ensure public safety
- the appropriate signage for a public level crossing status is in place.
- the appropriate authority has been given for such use
- the deed of grant contains appropriate conditions that ensure public safety
- the appropriate signage for a public level crossing status is in place.
Reply Text
Tranz Rail needs to undertake further work to determine to what extent it is possible to implement this recommendation. Tranz Rail has a database of "known" private level crossings (approximately 700 in number). However, when a property is sold or changes hands, Tranz Rail has no way of knowing that this has occurred, as it is not informed. In such a situation, the Deed of Grant permitting use of the private level crossing would become invalid since it is a private agreement between Tranz Rail and the owner of the property and does not pass to the new owner with the title to the land. A new owner should, under law, then apply to Tranz Rail for its own Deed of Grant. Tranz Rail is planning to review the terms of the Deed of Grant to include an obligation to notify Tranz Rail of a change in ownership, but Tranz Rail has no way of enforcing this. In addition, there are a number of statutory private level crossings which are granted to farmers and the like by statute and which Tranz Rail also has no record of.
Tranz Rail intends to write to known private level crossing owners who have a Deed of Grant to remind them of their obligations under the Deed of Grant and to ask them to notify us of any public use of their crossings. Public use is prohibited under the Deed of Grant without Tranz Rail’s consent. Tranz Rail then intends to deal with each known case of public use, by requiring the holder to erect appropriate signage, where this is the appropriate course of action. Unfortunately, it is the private holder and not Tranz Rail who is in the best position to monitor public use of the crossings and to this extent is reliant upon the compliance of the holders to the terms of their grant.
In addition, Tranz Rail also intends to amend its Deed of Grant to all new holders, to refer to the appropriate signage which should be put up in compliance with LTSA standards for the protection of level crossings with public use.
Further work is also required to determine the role of track inspections and now they can identify the status of private level crossings.
This is an ongoing project for Tranz Rail and the company is committed to following it through to all extents reasonably possible.
Tranz Rail intends to write to known private level crossing owners who have a Deed of Grant to remind them of their obligations under the Deed of Grant and to ask them to notify us of any public use of their crossings. Public use is prohibited under the Deed of Grant without Tranz Rail’s consent. Tranz Rail then intends to deal with each known case of public use, by requiring the holder to erect appropriate signage, where this is the appropriate course of action. Unfortunately, it is the private holder and not Tranz Rail who is in the best position to monitor public use of the crossings and to this extent is reliant upon the compliance of the holders to the terms of their grant.
In addition, Tranz Rail also intends to amend its Deed of Grant to all new holders, to refer to the appropriate signage which should be put up in compliance with LTSA standards for the protection of level crossings with public use.
Further work is also required to determine the role of track inspections and now they can identify the status of private level crossings.
This is an ongoing project for Tranz Rail and the company is committed to following it through to all extents reasonably possible.
Related Investigation(s)