Train Visibility and Level Crossing Code of Practice

ONRSR anticipates the outcome of its submission to be provided in the next 6-8 weeks.

The code was developed in response to comprehensive research commissioned by ONRSR and undertaken by the Monash Institute of Railway Technology, into the impact of additional lighting on rolling stock.

It is important to note that a code of practice is admissible in a proceeding as evidence of whether or not a rail operator has complied with Rail Safety National Law. Furthermore, if approved by Australia’s Transport and Infrastructure Ministers, the code of practice would have legal standing.

Subject to Ministerial approval, the code will be an approved code under the Rail Safety National Law. That means while it isn't mandatory, if an operator chooses not to adopt the approved code they will need to demonstrate what they are doing as an alternative that is 'as good or better'.

The code will be used by the courts to understand what good practice looks like in complying with general safety duties and, it will be used by ONRSR to test what operators are doing that is as good or better than what the code would provide.

The code has significant legal standing with the courts and with the Regulator as to what constitutes safety so far as is reasonably practicable – the obligation required under the law.

The code is also the result of engagement with a wide range of stakeholders, including those with lived experience of rail collisions, industry representatives, unions, governments, and subject matter experts. ONRSR does not, however, contend that the interests and, in some cases demands, of all parties engaged through the process have been met. Instead, it has focused on doing its very best to manage those competing priorities in order to develop a code that best assists rail transport operators to strengthen the safety management systems that underpin operations where trains interact with people, drivers and vehicles.

Already, the rail industry has shown strong support for the code, particularly amongst larger operators.

Furthermore, the Rail Industry Safety and Standards Board (RISSB) will be using the outcomes of the research to conduct its second review of Australian Standard 7531 (rolling stock lighting and visibility) later this year. It is also important to note that the code states that the standard (AS7531) is a minimum compliance standard and that operators may need to do more to meet their general safety duties.

Additional Background

ONRSR is committed to improving safety at level crossings.

The research commissioned by ONRSR demonstrates that train visibility and the illumination of trains are among many controls that can be used to address safety risk in rail operations.

ONRSR understands that better train illumination is part of the solution. The research conducted by the Monash Institute of Railway Technology tells us that, but while it found the addition of beacon lighting and the conversion of train lighting from halogen to LED was effective to a point, it is only under specific atmospheric conditions and operational circumstances that these solutions address some risks at level crossings.

From a statistical point of view, nationwide, there were 38 level crossing collisions in 2022-2023 between trains and either trucks, cars, cyclists or pedestrians, down from 41 in the 2021-2022 financial year.

It’s also important to remember that most level crossing incidents occur during the day, with 75% of near hits at level crossing occurring in daylight hours. The challenge then is to find other control measures that assist to manage the risk in daytime.

In March of this year, the National Level Crossing Safety Roundtable in Brisbane was attended by more than 60 different stakeholders representing the road and rail industries, regulators, academics and researchers. It came in the wake of an incident on New Year’s Eve 2023, where two train drivers were killed when their freight train collided with a truck at a level crossing near Broken Hill which was fitted with flashing lights. The incident prompted Pacific National Chief Executive, Paul Scurrah, to call for a national summit on the issue of level crossing safety.

At the conclusion of the National Level Crossing Safety Roundtable, ten actions were identified as integral to delivering short-, medium- and long-term level crossing safety benefits in addition to actions under the National Level Crossing Strategy. They were assigned to multiple agencies and cover topics such as driver education, camera technology, the code of practice for train visibility, better use of telematics and data, a review of the road and rail manager agreements and a renewed investigation into penalties for drivers who disobey road rules at level crossings.

Released August 2024