50 Victoria Street
Private Bag 6995
Wellington 6141
New Zealand
T 64 4 894 5400
F 64 4 894 6100
www.nzta.govt.nz
5 April 2023
Patrick Dunford
[FYI request #21998 email]
REF: OIA-12177
Dear Patrick
Request made under the Official Information Act 1982
Thank you for your email
of 5 March 2023 to the Transport Accident Investigation Commission (TAIC)
requesting information to do with safety measures for level rail crossings under the Official Information
Act 1982 (the Act).
On 8 March 2023, the following part of your request was transferred to Waka Kotahi NZ Transport
Agency for direct response, as the information requested pertains to what actions we have taken:
Exactly what measures has Waka Kotahi implemented either as a result of this report or as a
result of the reports cited above from 1993 in order to address the issue of level crossings that
are too close to intersections?
With regard to report RO-2020-103, the TAIC recommended that Waka Kotahi review clause 9.5(c) of
the Land Transport (Road User) Rule 2004 (the Rule) in consultation with the rail industry to assess its
adequacy regarding the risks posed by level crossings in close proximity to road intersections. An
excerpt from the Rule is provided below:
9.5 Exceptions to level crossing requirements
Clause 9.4 does not apply if –
(c) a traffic signal producing a steady red signal in the form of a disc or 2 alternately flashing
red signals is installed at the level crossing.
Waka Kotahi and Te Manatū Waka Ministry of Transport wil research and consider the
recommendation to review clause 9.5(c) of the Rule in a future Regulatory Systems Rules Amendment
(RSRA) package. Any rule changes in this regard wil consider the principles of
Road to Zero and
ensure safety is prioritised.
In terms of timeframes, the RSRA package is carried out every one to two years. The current RSRA
package is already underway, therefore, this recommendation has been placed on the list for the next
round of RSRAs.
Aside from the above recommendation from the TAIC, Waka Kotahi in conjunction with KiwiRail, has
had work underway to improve safety at level rail crossings around the country.
As part of the previous National Land Transport Programme (NLTP) 2018-2021, a dedicated sub-
programme was developed, called the Level Crossing Programme (LCP). Waka Kotahi worked with
KiwiRail on the LCP, which targeted short stacking sites around New Zealand (sites where the track to
limit line distance is 26 metres or under) using a range of low cost, proven safety treatments to
improve safety for road users and pedestrians.
A one-page summary sheet for the LCP from 2018-2021 is provided in the following attachment:
• OIA-12177 – LCP Summary.pdf
In the current 2021-2024 NLTP, under the Speed and Infrastructure Programme, there are some rail
level crossing sites that have transitioned over for completion, as well as other large corridor type
safety improvement projects occurring. Further information about the Speed and Infrastructure
Programme and the commitment in achieving a safe system can be found on our website here:
Speed
and infrastructure | Waka Kotahi NZ Transport Agency (nzta.govt.nz)
If you would like to discuss this reply with Waka Kotahi, please contact Ministerial Services by email at
[email address].
Yours sincerely
Mark Kinvig
National Manager Infrastructure Delivery
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