merlodlliw
Established Member
Level crossing justice?
Readers may recall the incident on 19 July 2008 when a tractor was driven on to the line at Weston Rhyn level crossing, south of Chirk, against the red lights, and was hit by a Class 158. By something of a miracle, neither the driver nor anyone on the train was seriously injured.
After the usual long wait, the case was heard in front of a jury at Mold Crown Court on 25 November. Quoting from the press reports:
Mark Roberts, prosecuting, said the flashing lights and barriers were working correctly. There was also an audible alarm.
The train got to a maximum speed of 61mph after leaving Gobowen but driver Alex Cartwright applied the emergency brakes when he saw the tractor. Conductor Nathan Skivens, based at Chester, told how he saw a tractor fly through the air alongside the train. He raised the alarm to close the line. Among the train passengers was a doctor who went to the defendant’s aid.
Interviewed in August, the 25-pear-old tractor driver had said the lights were not flashing as he approached the level crossing. He saw the barrier coming down on the other side, looked to his left and saw the barrier coming down on top of the tractor cab.
He also said that he was taking the crossing slowly because it had a rough surface, and approached it at about 4 mph. Surely, according to the rules for automatic barrier crossings, as a slow-moving vehicle he should have telephoned the signaller for permission to cross, although this does not appear to have been mentioned in court.
A witness approaching in her Astra in the opposite direction, testified that she saw the amber then red lights, heard the alarm, but saw the tractor nudge its way onto the track. She realised there was going to be an accident, reversed out of the way and there was then a very loud bang, dust and smoke.
The upshot of all this: the driver was found 'not guilty' of either careless or dangerous driving, and Judge Eleri Rees reportedly told the jury she agreed with their verdicts.
Earlier this year, on 14 May, a lady drove her car on to the Cambrian Coast line at Fairbourne level crossing (which has light but no barriers) and was hit by a train. She 'claimed to have been distracted', and on admitting careless driving and was fined £40 with three penalty points, with £80 costs and £15 victim surcharge by magistrates in Dolgellau in September.
British Transport Police officer Bob Newman later told the Cambrian Coast railway conference that the normal fine for contravention of the red railway crossing lights was around £120. 'I have to admit that the £40 fine imposed was lenient and did not reflect the effect on the train driver, who needed time off work, or the inconvenience to the train passengers,' he said, adding that the motorist was very lucky that she was not seriously injured. Conference chairman Councillor Roberts, of Barmouth added: 'Such a low fine is sending out the wrong message.'
Sadly, the moral of these two stories appears to be: don't apologise, don't admit anything, don't plead guilty, you can wreck a train and not even get a fine.
Taken from North Wales Rail website dated 29th Nov www.nwrail.org.uk newsboard
Readers may recall the incident on 19 July 2008 when a tractor was driven on to the line at Weston Rhyn level crossing, south of Chirk, against the red lights, and was hit by a Class 158. By something of a miracle, neither the driver nor anyone on the train was seriously injured.
After the usual long wait, the case was heard in front of a jury at Mold Crown Court on 25 November. Quoting from the press reports:
Mark Roberts, prosecuting, said the flashing lights and barriers were working correctly. There was also an audible alarm.
The train got to a maximum speed of 61mph after leaving Gobowen but driver Alex Cartwright applied the emergency brakes when he saw the tractor. Conductor Nathan Skivens, based at Chester, told how he saw a tractor fly through the air alongside the train. He raised the alarm to close the line. Among the train passengers was a doctor who went to the defendant’s aid.
Interviewed in August, the 25-pear-old tractor driver had said the lights were not flashing as he approached the level crossing. He saw the barrier coming down on the other side, looked to his left and saw the barrier coming down on top of the tractor cab.
He also said that he was taking the crossing slowly because it had a rough surface, and approached it at about 4 mph. Surely, according to the rules for automatic barrier crossings, as a slow-moving vehicle he should have telephoned the signaller for permission to cross, although this does not appear to have been mentioned in court.
A witness approaching in her Astra in the opposite direction, testified that she saw the amber then red lights, heard the alarm, but saw the tractor nudge its way onto the track. She realised there was going to be an accident, reversed out of the way and there was then a very loud bang, dust and smoke.
The upshot of all this: the driver was found 'not guilty' of either careless or dangerous driving, and Judge Eleri Rees reportedly told the jury she agreed with their verdicts.
Earlier this year, on 14 May, a lady drove her car on to the Cambrian Coast line at Fairbourne level crossing (which has light but no barriers) and was hit by a train. She 'claimed to have been distracted', and on admitting careless driving and was fined £40 with three penalty points, with £80 costs and £15 victim surcharge by magistrates in Dolgellau in September.
British Transport Police officer Bob Newman later told the Cambrian Coast railway conference that the normal fine for contravention of the red railway crossing lights was around £120. 'I have to admit that the £40 fine imposed was lenient and did not reflect the effect on the train driver, who needed time off work, or the inconvenience to the train passengers,' he said, adding that the motorist was very lucky that she was not seriously injured. Conference chairman Councillor Roberts, of Barmouth added: 'Such a low fine is sending out the wrong message.'
Sadly, the moral of these two stories appears to be: don't apologise, don't admit anything, don't plead guilty, you can wreck a train and not even get a fine.
Taken from North Wales Rail website dated 29th Nov www.nwrail.org.uk newsboard
Don't stand up for the him.
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