Network Rail

In the summer of 2003, Network Rail announced its plan to close almost 600 private level crossings in Scotland. It was stated that “unauthorised” use of such crossings would be regarded as criminal trespass, attracting a fine of up to £1,000.

This announcement was made without any consultation with local authorities, communities or recreational user organisations. However, many of these crossings are important parts of the Scottish path network, some of them existing long before the railway was built. Signs indicating “authorised users only” have since appeared, and some level crossings have been padlocked. Meetings with Network Rail and ourselves have proved disappointing, and the only concession was the establishment of a monitoring programme of pedestrian use at around 20 crossings across Scotland. These crossings are now open but we understand the blue signs remain.

network rail

With core path planning now well underway across Scotland, questions are being raised as to whether level crossings can be included in the network. Advice from Network Rail has not been consistent. In the meantime, the Scottish Law Commission is assisting the Law Commission in London to prepare a consultation for the Department of Transport on the legal situation regarding level crossings across the UK. We have given input into this process.

Our understanding of the legal position in Scotland is that the prime concern for Network Rail is the safe running of the railways. There are many places in Scotland where it is perfectly safe to cross the tracks without interfering with the railways. Where there is a level crossing, this should be used and Network Rail should also be responsible for managing crossings in a way compatible with the Land Reform Act. We believe their responsibilities also include the provision of new crossings if people are crossing the line regularly at certain points, such as along the Drumochter pass to get to the Munros to the west.

One success was celebrated in November 2005 when Network Rail was forced to keep open the Bainfield level crossing near Helensburgh. An interim interdict stopped Network Rail on the basis that the crossing was a right of way which had been in existence since before the railway was built. Unfortunately, a long and frustrating local campaign had to be waged with the Council and Network Rail before this situation was resolved. Discussions now need to be had regarding who is going to pay for any diversion for walkers, such as a footbridge. We think it should be Network Rail.