A new train visibility code of practice was released earlier this month by the Office of the National Rail Safety Regulator (ONRSR), but some argue it will do little – if anything – to help improve level crossing safety.
In releasing this new code, ONRSR Chief Executive and Australia’s National Rail Safety Regulator, Dr. Natalie Pelham, said the new code would significantly strengthen the safety management systems rail operators use to safeguard interactions with pedestrians, cyclists and motorists – including heavy vehicle drivers.
“The Code of Practice sets out train visibility best practice to industry and provides operators with guidance on how to tailor assessment and treatment of their specific safety risks,” she said.
The code focuses on improving train visibility at level crossings, considering the different risks and hazards that contribute to a road user not being able to see a train on approach to a level crossing.
However, rather than mandating better train lighting, the code asks rail operators to: “Consider the use of beacon and side marker lights as a means to improve luminance contrast due to the increased efficacy additional lighting has on lead locomotive conspicuity at night, at wide angle views, and in misty weather conditions.”
Following the release of the code, ATA CEO Mathew Munro called for it to be replaced with mandatory visibility regulations.
The new code was published following its endorsement by Australia’s state and federal infrastructure and transport ministers.
While Munro welcomed the publication of the code, he said governments needed to go further.
“Rail transport operators do not need to comply with the code, although they would need to be able to show that their alternative was just as safe or safer than the code requirements,” Munro said.
“Trucks are required by law to meet minimum lighting and illumination standards. Trains should be subject to similar requirements.”
The ATA has written to transport and infrastructure minister Catherine King to request a review of the effectiveness of the code after no more than three years of operation.
“This time period should be more than sufficient for train operators to conduct risk assessments against the code and implement lighting improvements, and for ONRSR to conduct supporting education and compliance activities,” added Munro.
Level crossing safety campaigner Lara Jensen lost her youngest brother and two of his friends in July 2000, after their vehicle was struck by an unlit train at a passive level crossing in WA’s wheatbelt region.
Since then, she has been tirelessly campaigning for improved train lighting to improve level crossing safety.
She, along with other families who have lost loved ones in level crossing tragedies, formed the Improve Train Lighting and Passive Level Crossing Safety Group.
Commenting on the new code, Jensen said, “It is not acceptable that State Coroner Alastair Hope flagged something as serious as train visibility and safety lighting two decades ago, when my brother and his friends lost their lives and that there is still no legal requirement for trains to be lit to a particular standard in Australia in 2024.”
Thanks to the advocacy efforts of the action group, Lara says three national train lighting reports have been commissioned by ONRSR in the last three years.
“They have all found increased train lighting improves visibility, yet the rail industry still refuses to act, and the government fails to legislate,” she said.
Families from the action group launched a federal petition in July calling on the Australian government to immediately implement legislation requiring mandatory rotating beacons on the front of trains and lighting on the side of locomotives and rolling stock to improve safety at unlit level crossings. That petition received over 6600 signatures.
Jensen has applauded the ATA’s stance on the issue and its calls for mandatory visibility regulations.
She added that the new code will have no power to mandate flashing beacon lights and lighting on the side of rail wagons.
“Why is the rail industry permitted such extraordinary latitude by our government and the national rail safety regulator when other high-risk industries like road transport, mining and aviation have had to comply with stringent mandatory visibility safety lighting standards that have been legislated and enforced for decades?” asked Jensen.
ONRSR says it will complement the release of the code with national in-field compliance and education activities.
Pelham commented, “Ultimately, safety at level crossings relies on significant coordination and action to manage the risks. Members of the public, rail transport operators, road transport industries, governments, emergency services and regulators all have a vital role to play.”
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