Scottish parliament called on to clarify public’s right to use railway level crossings

A decade after access rights were secured for much of the country’s land and water under the Land Reform (Scotland) Act 2003, Ramblers Scotland wants the Scottish parliament to re-examine the legislation.

David Thomson, convenor of the organisation, said roaming rights are functioning successfully but that the law on “private” level crossings is unclear.

He said: “Until 2004, access by non-motorised users over these crossings was tolerated.

“Since then, despite no legislative change having taken place, Network Rail has insisted that anyone who is not the specified authorised user would be committing criminal trespass by using any such level crossing.”

Mr Thomson added that thousands of cyclists and walkers as well as horse riders relied on the level crossings as routes in certain locations and has asked Holyrood to clarify the law.

He said: “In rural areas the nearest point people can cross could be many miles away and therefore these pr ivate crossing s have immense importance.

“We believe the position taken by Network Rail is based on a misunderstanding of the basis on which access is taken in Scotland, and is based on their perception of the England and Wales’ rights of way legislation.

“The current Scottish government consultation on land reform is an opportunity for the Scottish parliament to resolve this situation by amending the Land Reform (Scotland) Act 2003 to specify that statutory rights of public access apply across all private level crossings where there is a right of access to land either side of the railway.”

A Network Rail spokesman said: “The incorrect use of level crossings is one of the main risks to rail safety and a leading cause of fatal accidents on the railway.

“Network Rail is committed to closing crossings where we can and we do not build new crossings into the railway. Our aim is to steadily reduce level-crossing use rather than increase it.”

A Scottish government spokeswoman said: “Our vision for land reform is a strong relationship between the people of Scotland and the land of Scotland.

“We are committed to a system of land rights that promotes fairness, social justice and environmental sustainability.”