37Maintenance responsibilities at established level crossings – private roads

37 Maintenance responsibilities at established level crossings – private roads

(1)  Where a railway track intersects a private road by way of an established level crossing then, unless an established maintenance agreement provides to the contrary –

(a) the Rail Infrastructure Owner must –

(i) maintain the rail infrastructure; and

(ii) maintain, to the requisite standard, the road surface (and, if applicable, the footpath surface) –

(A) between the rails; and

(B) on either side of the outermost rails, to a distance of 0.6 metres; and

(b) the private road owner must, at the private road owner's cost and in accordance with the requirements, if any, of the responsible Rail Infrastructure Manager and any relevant standards, maintain the road infrastructure to within 0.6 metres of the outermost rails (regardless of whether that part of the private road impinges on the rail network).

(2)  Except in an emergency, the private road owner must give the responsible Rail Infrastructure Manager at least 21 days' notice before discharging, on any occasion, the obligation under subsection (1)(b) .

(3)  If the private road owner fails to discharge the obligation under subsection (1)(b) , the responsible Rail Infrastructure Manager may give the private road owner a notice requiring that the relevant road maintenance works be carried out within 30 days or such longer period as that Rail Infrastructure Manager may allow.

(4)  If the private road owner fails to comply with the notice under subsection (3) , the responsible Rail Infrastructure Manager may, in its discretion –

(a) carry out the relevant road maintenance works; or

(b) if the relevant road maintenance works have been partially carried out, complete or undo them.

(5)  The private road owner must, on reasonable demand being made for same, pay the responsible Rail Infrastructure Manager's reasonable costs of carrying out (or completing or undoing) road maintenance works pursuant to .