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Level Crossings

Level Crossings


Postby Martin 282 » Tue Feb 10, 2015 1:47 pm

Having read the post in the news section on this topic, does anyone have any info on prosecutions of walkers for using these crossings? I have used the crossing at Dalwhinnie in the past to access Ben Alder but understand this is no longer acceptable. Anyone any thoughts or info?
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Re: Level Crossings

Postby Helen Todd » Tue Feb 10, 2015 6:12 pm

Hi Martin

I work for Ramblers Scotland, which put out the news story you refer to. We are not aware of anyone being prosecuted for simply walking across a 'private' level crossing, but the fact remains that in Network Rail's eyes you would be committing criminal trespass if you are not the authorised user (usually the landowner, or farmer who uses the adjacent land).

This leads to statements such as in the Cicerone Munro guide which says walkers need permission from Network Rail to use the level crossing at Drumochter, etc. I don't have a clue where you would start to get that permission, and clearly most people just walk across. We are trying to get the legal situation clarified, but have not been able to see Network Rail's legal advice. In England, as I understand it, all crossings which are not public road crossings are public rights of way/ bridleways, so people have a legal right to cross. In Scotland public rights were not so well protected when the railways were built, but access has been tolerated across the line for decades until 2004 when blue 'authorised users only' signs appeared. We are now calling for statutory rights of access to be extended across all level crossings, to end this confusion and recognise what actually happens on the ground.

By the way, there have been incidents at Glen Lochy where walkers crossing the line to climb Ben Lui have been stopped by British Transport Police and cautioned - one person was charged but the case was not taken up by the Procurator Fiscal, I understand. In this case, though, there's no level crossing - we believe there should be one, given the amount of people using that route each year. The council has managed to get a culvert rebuilt to give access under the line, but I'm not sure this is much of an improvement.

Hope that helps.
Helen
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Re: Level Crossings

Postby RocksRock » Tue Feb 10, 2015 8:51 pm

Does Holyrood have a system similar to Westminster, where private individuals can put up a petition on the government's e-petition website. If 100,000 sign it Parliament can debate it..............etc This would seem to me a prime candidate for this type of issue if Network Rail is uncooperative..................
I would start one at Westminster, but as the access legislation is devolved they would not accept it.....
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Re: Level Crossings

Postby Sunset tripper » Tue Feb 10, 2015 10:13 pm

An old post from walk highlands. I don't know if anything has changed

Screenshot_2015-02-10-20-49-42-1 (423x640) (423x640).jpg

Screenshot_2015-02-10-20-53-03-1 (597x640).jpg
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Re: Level Crossings

Postby Lightfoot2017 » Wed Feb 11, 2015 9:55 am

Helen Todd wrote:Hi Martin

I work for Ramblers Scotland, which put out the news story you refer to. We are not aware of anyone being prosecuted for simply walking across a 'private' level crossing, but the fact remains that in Network Rail's eyes you would be committing criminal trespass if you are not the authorised user (usually the landowner, or farmer who uses the adjacent land).

This leads to statements such as in the Cicerone Munro guide which says walkers need permission from Network Rail to use the level crossing at Drumochter, etc. I don't have a clue where you would start to get that permission, and clearly most people just walk across. We are trying to get the legal situation clarified, but have not been able to see Network Rail's legal advice. In England, as I understand it, all crossings which are not public road crossings are public rights of way/ bridleways, so people have a legal right to cross. In Scotland public rights were not so well protected when the railways were built, but access has been tolerated across the line for decades until 2004 when blue 'authorised users only' signs appeared. We are now calling for statutory rights of access to be extended across all level crossings, to end this confusion and recognise what actually happens on the ground.

By the way, there have been incidents at Glen Lochy where walkers crossing the line to climb Ben Lui have been stopped by British Transport Police and cautioned - one person was charged but the case was not taken up by the Procurator Fiscal, I understand. In this case, though, there's no level crossing - we believe there should be one, given the amount of people using that route each year. The council has managed to get a culvert rebuilt to give access under the line, but I'm not sure this is much of an improvement.

Hope that helps.
Helen



:clap: :D Great info, thanks for that Helen.
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Re: Level Crossings

Postby Martin 282 » Fri Feb 13, 2015 8:15 pm

Thanks for your helpful posts. This site is a real asset.
We should all join an organisation such as the Ramblers, to ensure our voice is heard.
Martin
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Re: Level Crossings

Postby Helen Todd » Sat Feb 14, 2015 2:57 pm

Well, thanks for that endorsement, Martin . . . but I couldn't possibly comment! Though yes, of course it would be great if walkers were to add their support to organisations working on behalf of recreational interests like Ramblers Scotland, MCofS, etc.

On the level crossings saga, I was on BBC Radio Scotland's Out of Doors this morning talking about the issue, there's a bit more background information there:
http://www.bbc.co.uk/programmes/b052lqrr#auto - at around 46 mins.
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