Government faces mounting pressure to address rail industry lighting standards and enforce legal change

Pressure has ramped up for the Federal Government to legally mandate the rail industry’s train lighting standards, following recent criticisms targeted towards a voluntary non-legally binding draft Code of Practice on Level Crossings and Train Visibility. Improve Train Lighting and Passive Level Crossing spokesperson Lara Jensen wrote a letter to Federal Minister for Transport and Infrastructure Catherine King, as well as all other ministerial counterparts across Australia, calling on the Government to make legislative change and legally mandate train lighting. Ms Jensen, a Murchison pastoralist, lost her brother and two friends when a loaded grain train struck her brother’s Toyota at a level-crossing near Jennacubbine in 2000. In her letter to Ms King, Ms Jensen said the coronial inquest into the accident found no one in the car had seen the train approach because of inadequate train lighting and the absence of warning signs on approach to the crossing. The then-WA coroner Alistair Hope recommended all locomotives be fitted with external lighting in addition to ditch lighting to warn motorists of oncoming trains, however, more than 23 years on, Ms Jensen said the Government had not made any moves to legally enforce lighting standards. Between July 1, 2014, and December 31, 2022, across Australia’s level crossings (involving either pedestrians or road vehicles) there were 7839 near hits, 322 collisions, 39 fatalities and 49 serious injuries, according to the Level Crossing Safety strategy 2023-32. Ms Jensen said it was time for Ms King to “take leadership” over the issue, following many years of the Government showing a “lack of ministerial and agency accountability”. “I want Minister King to lead on this issue. The draft Code of Practice on Level Crossings and Train Visibility has failed the pub test and constitutes a completely wasted opportunity for rail safety reform.” The Office of the National Rail Safety Regulator draft Code of Practice on Level Crossings and Train Visibility, which opened for public feedback in March, was created in response to trials that found additional train lighting would help prevent future collisions at rail crossings. The draft code of practice copped backlash from rail crash victims’ families as well as the Australian Trucking Association and The National Farmers Federation for offering up safety recommendations as opposed to introducing mandates. ATA CEO Mathew Munro criticised the draft code of practice and said the rail industry’s safety standards had to be brought in line to other industries whose visibility and lighting standards are mandated by the Government. “While the Office of the National Rail Safety Regulator has proposed to introduce a voluntary code of practice for level crossings and train visibility, the ATA has called for minimum standards of visibility and lighting to be legally mandated for trains,” he said. Mr Munro said the lack of visibility or lighting standards for trains made it difficult for other road users, including truck drivers, to see oncoming trains, especially at night. “This is a serious legal and safety deficiency that unnecessarily places the lives of road and rail users at risk,” he said. NFF CEO Tony Mahar said legally mandating lighting standards would be a “small and simple step” to save lives. “At the moment it feels like they (the Government and rail companies) don’t care and its someone else’s job to do this or worry about this,” he said. “It’s not good enough and it’s a disgrace that this hasn’t been addressed up until now. “There is no excuse. Get it done!” In earlier reporting on the topic, an Office of the National Rail Safety Regulator spokesperson said level crossing safety was a multi-faceted topic and defended the code of practice despite its non-legally binding nature. “Improving safety at level crossings is a complex issue that requires stakeholders from across road and rail industries to manage their unique safety risks and to coordinate efforts in good faith to implement safety measures to manage these risks,” they said. “The development of a code of practice is one such measure.” The public submission period on the draft code of practice has ended, and the draft code will go before all State and Territory ministers later in the year. When the Countryman went to print on Tuesday, May 14, Ms King had not responded to Ms Jensen’s letter or questions from the Countryman.