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

2.4  Types of level crossings

2.4.1  Public level crossings

Public level crossings can be level crossings on legal roads or on operational railway land. Many of these level crossings are subject to a deed of grant, which sets out the conditions on which each is provided and maintained.

There are two types of public level crossings: pedestrian level crossings and vehicular level crossings.

Pedestrian level crossings

These level crossings provide for the passage of foot traffic, mobility devices and wheeled recreational devices and, frequently, cyclists. They may be within a road reserve but separated from the roadway (eg by a berm) or they may be isolated, stand-alone level crossings, including level crossings at station platforms.

Vehicular level crossings

Vehicular level crossings include all level crossings carrying road vehicles. These level crossings may incorporate adjacent footpaths to cater for pedestrian level crossings of the railway track. Where there are no adjacent footpaths, the vehicular level crossing could also cater for pedestrians, mobility devices and wheeled recreational devices.

Changes of use or reconfiguration of public level crossings

Any proposed change in the use, location or configuration of a level crossing is subject to both the approval of the rail access provider or railway premises owner and the issue of a deed of grant. Changes required to upgrade a level crossing to a new standard by anybody other than the rail access provider must be referred to the rail access provider for agreement.

2.4.2  Private level crossings

Statutory

Statutory level crossings were provided by statute at the time the railway was constructed and were needed to give legal access to severed portions of private land where no other legal access existed. Only one statutory private level crossing can exist per landholding, unless the original landholding had more than 1.6 km (one mile) of railway frontage.

These level crossings have never been systematically recorded and the statutory right can now only be ascertained by reference to the original land title deeds as they applied immediately before and after the creation of the railway.

A private level crossing that may have been a statutory level crossing at the time a particular railway line opened may cease to be so if the severed land it served was later subdivided or had alternative legal access provided to it. In these circumstances, and if the level crossing is to be continued, it would become a private ‘granted level crossing’ subject to conditions set out in a deed of grant with the appropriate rail access provider. However, many level crossings in this category have not been properly documented following their change of status.

Granted level crossings

These are private level crossings that have generally been provided subsequent to a railway’s opening and for which deeds of grant set out the conditions on which each is provided and maintained. In some circumstances, a statutory private level crossing can alter in status to a granted level crossing and be subject to a deed of grant.

Non-statutory or non-granted level crossings

Private level crossings that are neither statutory nor granted are not legal until formally documented by the appropriate rail access provider.

Changes of use of granted level crossings

Where a deed of grant has been issued for the use of a private level crossing, the grantee may not change the use of that level crossing without the prior written consent of the rail access provider or rail premises owner and an amendment to the deed issued. Where agreement is denied, the level crossing use cannot be changed.

Road controlling authorities must clarify level crossing status with the rail access provider or rail premises owner where applications for subdivision and road access to the same involve level crossings. This applies regardless of whether the intended use is temporary or permanent.

2.4.3  Rail operations level crossings

Rail operations level crossings are level crossings located within rail property (eg marshalling yards, depots or the rail corridor) where the road or path is owned and maintained by the rail access provider or rail operator, is used in the operation of rail business and is generally, although not always exclusively, provided for rail personnel. Thus, these types of level crossing are often not available for general public use and otherwise commonly have only limited access (see Section 11).

2.4.4  Tramway level crossings

Tramway level crossings are defined as level crossings that are:

• not in the public domain but are part of heritage or museum operations that are accessible by patrons; or
• part of street infrastructure that by its nature intersects with road and pedestrian level crossings.

It should be noted that tramway level crossings are specifically excluded from the Railways Act 2005 definition of level crossings, as tramways are ‘railway line(s) on a road that (are) intended solely for the use of light rail vehicles’ (see section 12).

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