Rail/Road Interface
Agreement
LOCAL GOVERNMENT
LGA Mutual Liability Scheme
• Established in June 1989
• Membership restricted to Local Government
Bodies
• 100% (68) Council participation
• 28 Prescribed Bodies
• Self Managed “Insurance” Discretionary
Scheme
• Part of LG Risk Services (LGRS)
LGAMLS - Coverage
• Civil liability cover
– Public liability
– Professional indemnity
• Cover to an unlimited amount
– (Reinsurance protection provided by State Government)
• No policy in existence
– Governed by MLS
Rules
• Overseen by Board of Management
Rail Safety National Law (SA) Act 2012
Object
• To make provision for a national system of rail safety….
Division 6 – Safety Management
• Requirements for & scope of interface agreements
• Interface coordination
• Identification & assessment of risks
• Registration
• Other Safety considerations…
REMEMBER !
….The Rail Safety legislation is about
Rail Safety & not specifically about
Road Management .….
but…
Local Government (as Road Manager) must address
the issue of risk identification and assessment and
to formally record its responsibilities
(with rail operator)
INTERFACE AGREEMENT
• Interface Agreement – “Public Rail & Road Crossing”
• Between Rail Infrastructure Manager(s)& Road
Manager
– Consistent approach across Australia (all States &
Territories)
– Clarification of responsibilities and management of physical
assets
– Rail Operators & Road Managers to work collaboratively
– Compliance with the requirements of the
Rail Safety National Law (SA) Act 2012
INTERFACE AGREEMENT
Local Government responsibilities:
• Road Manager – authority, person or body
responsible for care control & management of
the road (at the interface);
• To identify & assess risks to safety that may
arise from rail operations …..as part of the
road infrastructure of a road….
• Formalised Risk Management process
established as a practical working example
INTERFACE AGREEMENT
Note ! Demarcation of the Point of Responsibility
Interface Boundary – point where responsibility changes
from “one party to another”
Road – road within the meaning of the Road Traffic Act 1961
but
“……Agreement does not address the question of the
ownership of the land on which a road/rail interface
occurs……”
INTERFACE AGREEMENT
Local Government (Road Manager) – General
Responsibilities (Schedule 3 – Interface Agreement)
– Road Pavement (outside interface boundary – 1m from
outside the rail) – DPTI Operation Instruction 20.1
– Yellow Box Marking
– Traffic Control Devices – advanced warning signage
– Line of sight – road corridor
– Visibility of primary warning device
– Storm Water Drainage (kerb & gutter)
– Street Lighting
– Bridges (road over rail)
INTERFACE AGREEMENT
Risk Management Principles (Road Manager)
• Register of all Road/Rail Interfaces
• Risk Management Assessment Process
– Audit, Inspection & Monitoring
– Mitigation
– WHS
• Communication methodology
• Emergency Contact Register
Considerations for Local Government
• The question of ownership of all parcels of “land” on
which a road/rail interface occurs is not fully addressed
• Road pavement areas outside 1 metre zone
–
–
–
–
Local Government acceptance ?
What is a reasonable position for Local Government ?
Safety considerations ?
WHS requirements ?
• Road maintenance requirements
– Rail Safety Awareness
Are there Liability Implications ?
• Adverse risk assessment ?
– Principle purpose of legislation is to address the issue of risk
management;
– Failure to act and mitigate post assessment;
– Negligence basis
• Increased Liability to Local Government ?
– Agreements don’t create extra legal “liability”;
– Agreements may used at an evidentiary level – risk assessment;
– Failure to act so far as is reasonably practical….as a result of
the risk assessment process
Moving Forward…..
•
•
•
•
•
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Legislative impacts
Risk Management obligations
Communication Strategy
Acceptance of the Agreement
Road Manager responsibilities
Further consultation with DPTI and Rail
Operators
• My details
Victor Di Maria
Manager - Risk
LGA Mutual Liability Scheme
8235 6483
Victor.dimaria@jlta.com.au