Part 9: Level crossings

Last updated: December 2008. This document ceases to be a controlled document when printed. Please refer to the current version at www.landtransport.govt.nz

2  Responsibilities

2.2  What is a level crossing?

A level crossing in the Railways Act 2005:

1. means any place where –
   1. a railway line crosses a road on the same level, or
   2. the public is permitted to cross a railway line on the same level; and
2. includes a bridge used for both rail vehicles and road traffic on the same level; but
3. does not include a railway line on a road that is intended solely for the use of light rail vehicles.

However, in the Railways Act, a road has the same meaning as in section 315 of the Local Government Act 1974 rather than the meaning described in the Land Transport Act 1998. As a result, the definition of level crossing in the Railways Act is narrower than that intended for this document, which includes, for example, private and rail operations level crossings. It is important to stress the Railways Act is not silent on these level crossings and defines a wide range of responsibilities on rail access providers, landowners and users for the safe management of these places.

Traffic control devices and road user obligations are defined in legislation made under the Land Transport Act, and, for the purposes of this document, the broader definition of road in that Act is more appropriate. Therefore, a level crossing is defined as a place where users of a formed path or road cross a railway line at the same level.

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