Near Miss with Cyclist Waterbeach

That brings to mind something that I've pondered from time to time more generally and that's whether, if you dismount and walk our cycle through a red traffic light you are committing an offence or not?

Interesting they quote the BTP saying "But this sort of thing is a criminal offence and people can be charged with failure to obey traffic signs or failure to stop." which implies it's a Road Traffic offence rather than a railway offence.

Presumably as it's a public road there isn't be a trespass offence even though the gates are down, or is there?

That brings to mind something that I've pondered from time to time more generally and that's whether, if you dismount and walk our cycle through a red traffic light you are committing an offence or not? So in this instance, as an academic point, if she had walked round the barrier with her cycle what offence would she have committed if any?

Peter

You need to remember that Road Traffic Signals and Level Crossing Regulations have different rules and regulations applying.

For example, at Road signals, there are dispensations for passing a red light, Police/Fire/Ambulance (if necessary for their duties) may pass one, a police officer in uniform can direct you to pass it etc.

However, Level Crossing Signals (ie 'wig-wag' lights) are an absolute prohibition insofar that emergency vehicles have no such dispensation to pass them, nor any road users, which include cycles and pedestrians.

I think going past the flashing red lights at a level crossing (or swing bridge or fire station) is a £1000 where you are in a car, cycling or on foot.

I've been struggling to find the legislation on this just to satisfy my curiosity.

Peter

" said:

I've been struggling to find the legislation on this just to satisfy my curiosity.

Peter

For Level crossings the Highway Code quotes Laws RTA 1988 sect 36 & TSRGD regs 10 & 40
RTA = Road Traffic Act
TSRGD = Traffic Signs Regulations and General Directions

Peter.

Clear message in my opinion to network rail
To many of these incident happen, so if your going to replace the older (often safer) gates, at least replace them with full-road barriers!

Also, when you look at the SimSig of the waterbeach (cambridge sim) area (which I assume is an almost exact replica having seen shots of real panels in comparison to other simulations), the signalman has no way of telling if anyone is one the crossing, or very little chance of stopping a train if he does become aware of anything! Where is health and Safety when you need them?

I don't know but is that crossing covered by Signalbox remote CCTV? That is possibly the footage from the box. Think about it though, if there was a signalbox right next to the crossing or if the crossing is remotely monitored by CCTV, that close shave in the video would have been impossible to stop. It would be way too late to pull the signal back (the train may have just been right up at the signal at that time) and no way of telling what the cyclist would have done anyway.

A good guide to the law on cycling can be found at UK Cycle Rules. I think going past the flashing red lights at a level crossing (or swing bridge or fire station) is a £1000 where you are in a car, cycling or on foot.

Presumably as it's a public road there isn't be a trespass offence even though the gates are down, or is there?

A vehicle passing a red light is an offence in itself, not a case of careless driving.

2. I don't know but is that crossing covered by Signalbox remote CCTV? That is possibly the footage from the box. Think about it though, if there was a signalbox right next to the crossing or if the crossing is remotely monitored by CCTV, that close shave in the video would have been impossible to stop. It would be way too late to pull the signal back (the train may have just been right up at the signal at that time) and no way of telling what the cyclist would have done anyway.

The other problem with full barriers is that they have to be down long before the train arrives because trains must be kept running on green aspects, therefore the road is shut for a long time and those law abiding citizens that do understand that weaving around barriers is suicide are kept waiting for no good reason.

Keep the AHB's, educate society to do a very strange and unnatural thing, abide by the law of the land. Something we in the UK think is optional.

" said:

Presumably as it's a public road there isn't be a trespass offence even though the gates are down, or is there?

I guess there could be - although it's a public road at that point it crosses private (railway) land. Access is granted under normal circumstances but periodically withdrawn (when the barriers are lowered). Presumably it could be that temporary removal of right of access is sufficient to allow a trespass offence to occur at that time.

If I remember rightly trespass is a common law concept, so doesn't require hard & fast rules, although it is a criminal offence in certain circumstances. As a result statutory offences are probably easier to rule on, because they are more likely to be black & white. Also there would be no penalty for trespass under common law, damages would be payable if indeed there was any financial loss.

Thanks for that Postal. It's interesting that as long ago as 1840 it was recognised that a special case should be made for the railways and legislation introduced to create a statutory offence of trespass.