Saturday, Mar 13, 2010 at 08:28
Each State has its own Rail Safety Act - these specify the dimensions of the rail corridor and the requirements for access to the rail corridor and other rail lands. So, for example, in NSW, only accredited personnel can enter the corridor. Non-accredited personnel can enter, but they have to do it under the direction of, and be accompanied by an accredited person. Accreditation is normally achieved by formal training and testing. In NSW even the type of fluoro safety vest is specified, to be worn by all, at all times whilst in the corridor.
I think the country lines are all leased to ARTC (Australian Rail Track Corporation) and they allow train operators, like the GSR, to use the track for a fee. Not sure who the landowner is though - in country NSW, I think it is RailCorp, who lease the lines to ARTC.
The lessee of the line is responsible for maintenance of the line and
infrastructure. They are also responsible for managing access to the corridor, and this includes the use of the corridor for fixed line and mobile comms, power lines, particular forms of level crossings, bridges etc. Anything physical which crosses the corridor above or below ground is subject to conditions, and requires approval or agreement.
"Access" also covers anyone of the public, like us, who thinks there are no safety issues associated with entering the corridor and just because it is not signposted, believe the onus of responsibility is on the landowner/lessee in terms of duty of care.
Well, you're in for a shock - you also have a duty of care, and despite our increasingly litigious environment, you are expected to demonstrate some commonsense of your own. And ignorance is no excuse. Even telco personnel have been evicted from rail corridors when they were there without permission.
Next time you're out there see if you can find some railway workers and have a chat to them about how easy it is to get caught out by an approaching train. Or talk to one of the train drivers - they usually bear the brunt of someone being in the rail corridor illegally.
Hope this helps?
LES
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