Alleviating the Nuisance of THE LEVEL CROSSING
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An Outline of History with Regard to Crossings, of the Difficulties which they Present, and how they can be Mitigated
THE problem of level crossings, although small when compared with the position abroad, particularly in America, has a local importance which causes it to be an issue of much consequence in certain unfortunateAistricts. In Hull, Harrogate, Lincoln and parts of East Anglia, South Wales, etc., the trouble is really acute. pertain constructional and legal aspects of the subject have served to make the whole question needlessly complicated when judged by modern standards and requirements. It should not be thought that road users are the only losers ; on the contrary, the railways are finding that their legal obligations in respect of crossing protection are affecting their operating costs to an extent which makes them feel the necessity of some reduction in working expenses.
Delay an Important Factor.
Although serious accidents have, during recent years, occurred at level crossings, particularly at the one at Naworth, where nine people lost their lives, it is the delay and annoyance involved which give rise to dissatisfaction.
Level-crossing practice ;to-clay is the direct result-of legal enactments passed in the earliest days of railways, when this .ineansifor transport was looked upon as a dangerous novelty, necessitating the most elaborate safeguards in the interests of public well-being. Not for a, moment' was itthought,possib1e that the king's highway would have any call for a speed quicker than that of a trotting horse. The result was an obligation 'upon all railway companies to erect substantial fences around their property, which had to be particularly reinforced where the metals crossed a high road.
It was not until the passing of the Light: Railways Act, towards the end of last century, that any signs of leniency in this direction were shown by the legislature. Permission to cross roads on the level was sometimes secured, in early days, by railways in their special Acts. The first general Act dealing with the question was the Railway Clauses Act of 1845. Under it, two justices could assent, on their own terms, to the railway crossing the highway. There was, however, an obligation to provide good and sufficient gates. Lest there should be any doubt on this point, even the dimensions of the gates were set forth in the statute. In addition, a competent man had to be employed to open and close these obstructions as required.
Level-crossing Law.
'What is easily the most damaging feature, in modern eyes, was the provision to the effect that generally the gates were to be kept closed across the road, except when road traffic "shall have to cross." Any points left in doubt by the statute were gradually covered by a series of legal actions 'and test cases over a number of years, until, to-day, level-crossing law has become' a study in itself.
There is scarcely any question which has not, at one time or another, been the subject of a law suit. By the Railway Clauses Act of 1863, the Minister of Transport has power to make regulations respecting crossings and the speed of trains while passing over them. By section 7 of this Act he can order the railways to replace a crossing by a bridge, but only if he considers it neces' saryin the interests of public safety. Delay and the economic loss occasioned thereby are no grounds for proceedings under this section.
The Minister's Power.
Even in cases where action on safety grounds is, necessary, the Minister's power appears to be dependent upon the company's special Act in all eases concerning crossings which were authorized before the year 1863. Generally speaking, it will be seen the companies cannot be legally compelled to abolish level crossings unless they be really dangerous. Assuming, however, that the railway company is willing to substitute a bridge or subway for a crossing, legal formalities have still to be met, as it' is necessary to seeurt a special Act or Order, or to obtain authority under section 13 of the Railway Regulation Act of 1842 in those instances in which public safety is involved and the change does not adversely affect the rights of anyone concerned, unless he has been compensated.
In cases where the Minister gives an Order for a bridge or subway to be made, a condition may be incorporated to the effect that the local authority, or, other interested body, shall make a contribution towards the cost., In practice; it is generally found po'ssible to reach agreement upon voluntary lines.
The railways' obligations towards level crossings vary according to the importance of the road. The duties so far mentioned apply only to public roads. In connection with accommoda
tion crossings, or places made for the convenience of landowners and factory owners to facilitate movement between one section of land and another which are separated by the running lines, the railway is not compelled to keep the gates closed or to see that. they are closed after use. Under section 68 of the Act of 1845 it is laid down that a penalty of £2 may be imposed for ne,glecting to close the gates of an accommodation crossing. The notice to this effect which adorns so many railway gates has thus a solid legal backing.
The Need of the Moment.
Whilst abolition of crossings is a counsel of perfection, it has been seen that legally they cannot be roamed. Furthermore, on economic grounds, the cost of discarding them all would be so greet as to make progress in this direetion very slow. In the meantime, there is an urgent need for alteration and improvement in an endeavour to reduce delay and avoid traffic congestion. If much progress is to be madelin this direction it would appear that the whole system of crossing protection will have to be revised. In particular, the gates might be abolished, as they are slow in action and do not afford an adequate safeguard either to rail or to road traffic.
Taking ,first the movement of trains, It is by no means rare to find instances of light engines "running through" the gates, whilst, on the road side, there has been a number of cases, particularly in frosty weather, in which mechanical vehicles have skidded on to the metals, even when the gates have been closed. Railway signalling has now progressed to the stage at wich crossings can be fully protected by track-circuiting the line, whilst the adoption of flashing lights, or of the coloured lights so frequently used at road junctions, would prove a satisfactory solution of traffic on the highway,
Speeding-up Road Traffic.
General road users are, by this time, so well accustomed to the use of . coloured-light signals that their adaptation to level-crossing reqiiirements, need cause no practical difficulty. The chief advantage accruing from a change of this character would -be the speeding up of all road traffic. The railways would gain by the reduction in salaries, as automatic traffic signals would dispense with the gatekeeper. Before anything can be done in this direction,. however, it would seem that fresh legislation will be necessary, as the Act of 1.845 is patently out of date. It may, of ,'course, be argued that the absence of a definite barrier may lead to;,. collisions,but the experience of . Continental countries hardly supports • this theory. There, gates have never
• been so common' as in this country, but, despite this fact, the level-crossingaecident, record will bear .comparison With 'ours. The, matter is really one "forthe " joint consideration of road anthofities,"-users and railways.