Re: Xplorer collision

[mauried@commslab.gov.au (Maurie Daly)]

In article <348E9EB5.137E537D@ozemail.com.au> David Johnson <trainman@ozemail.com.au> writes:
>From: David Johnson <trainman@ozemail.com.au>
>Subject: Re: Xplorer collision
>Date: Thu, 11 Dec 1997 00:52:53 +1100

>David Bromage wrote:

>> The accident was on a level crossing at Nemingah, and sadly the car driver
>> died at the scene.

>Only sad for the driver of the train.  What was the car doing on the level crossing
>anyhow?


One of the issues related to level crossing accidents that I have never been 
able to understand is "who actually owns a level crossing", is it owned by the 
Railway or by the Road Authority.
Whilst the law states that vehicles must not cross a level crossing whilst the 
bells or booms are operating or in the case of a stop sign if there is a train 
coming,what happens if a vehicle be it a car or truck crosses a rail crossing 
when there isnt a train coming, the car or truck stalls on the crossing and 
the driver thru no fault of their own is unable to get the vehicle off the 
crossing before a train comes.
This very event happened to me some years ago on the ghan when it hit a semi 
trailer which had stalled on a level crossing near Kulgera in north SA.
The truck driver was unable to get the truck off the crossing before it was 
struck by the southbound ghan.
How does the law act in these circumstances?

MD

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Maurie Daly
Department of Communications Lab.
Canberra
Australia
mauried@commslab.gov.au
ph 6 2791331
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