Crossing swords over railway access

By Steve Brocklehurst
BBC News Online Scotland

The body which runs Scotland's rail network has been described as "dictatorial" after telling tour companies and websites not to advise people to access the countryside via level crossings on private land.

Network Rail wants to ensure that about 600 level crossings on private land are restricted to authorised users only.

It said that it "would not compromise on safety" and has vowed to clampdown on "misuse" of level crossings.

Network Rail is planning to close crossings on private land

Maureen Lussey, who produces the privately-run website, Undiscovered Scotland, criticised Network Rail after being told not to include a reference to a path to Kilchurn Castle on Loch Awe in Argyll and Bute which crosses a railway line.

Campaigners have claimed that Network Rail's policy will lead to many long-established routes being closed and will bar access to large tracts of Scottish countryside.

Crossings shut so far include ones at Walnut Grove, near Perth; East Haven, near Carnoustie; and Kilchurn Castle, near Dalmally, in Argyll.

Network Rail, which replaced Railtrack as the operator of rail infrastructure, said that it had written to tour companies and websites backing up its message that the crossings are on private land.

It said that it was an offence carrying a £1,000 fine to trespass on an operational railway.

Access by ferry

Tourist body VisitScotland undertook to continue the process of "educating" tour operators about the level crossing issue after it was contacted by Network Rail.

Network Rail has locked the rail crossing at Kilchurn Castle meaning that the only public access is via a ferry run by heritage organisation, Historic Scotland.

Ms Lussey said that the path from the A85 had long been used by the public and was "well-made".

She said that Network Rail had been "authoritarian and dictatorial" in its attitude to the closures.

A path leading to Kilchurn Castle goes across a level crossing

"Someone has systematically searched on the web for references and then contacted us asking for the change," she said.

"We would not suggest to people they trespass or take risks, but this is a path that has been used responsibly for many years.

"There are wide views at the crossings and people are able to see clearly both ways."

Ms Lussey also said that there were safety issues surrounding the closure of the crossing.

An e-mail from Network Rail says that tourists have been seen climbing over the locked level crossing gates and on one occasion a person in a wheelchair was carried across the track to the path.

The same email says Network Rail is "in the process of contacting many tour companies and websites".

'Restriction by stealth'

Ms Lussey said Network Rail was attempting "restriction of access" by stealth.

Network Rail maintains that under the terms of the act of parliament which established the railway in 1845, it is able to restrict access.

The Ramblers' Association Scotland said that paths could be claimed as rights of way simply if they have been used as such for years.

There is clear sight in both directions. Ian McCall Ramblers' Association Scotland

The association's campaign and policy co-ordinator, Ian McCall, said that safety was an issue on level crossings but Network Rail must consult with people likely to be affected by the closures.

In the case of Kilchurn Castle, Mr McCall said: "There does not look as though there is a problem with safety. There is clear sight in both directions."

He said that at Walnut Grove near Perth the closure of the crossing was diverting people to the edge of a busy road, which he considered to be far more dangerous.

Mr McCall said it was possible that the Ramblers' Association would consider a legal challenge to the closures but it would prefer to enter into a consultation procedure with Network Rail and UK Transport Secretary Alistair Darling.

'Authorised users only'

The Ramblers' Association is waiting to hear from Network Rail about a planned meeting on the closures.

A spokeswoman for Network Rail said that the organisation would be "criminally liable" for any accident which occurred on the crossing and was taking steps to inform people that access was limited to "authorised users only".

She said that anyone accessing the crossing would first need to trespass on private land.

Network Rail had consulted with authorised users of crossings, she said, but there was no requirement to consult with other users as both the crossing and the land had always been private.