38Construction of new level crossings – private roads

38 Construction of new level crossings – private roads

(1)  A Rail Infrastructure Manager may permit an adjoining landholder or other person to construct a private road across the rail network by way of a level crossing, or, if it is a restricted Rail Infrastructure Manager, across its part of the rail network by way of a level crossing.

(2)  The permission may be granted subject to –

(a) such construction conditions and other conditions as the Rail Infrastructure Manager considers necessary or expedient having regard to the safety and operability of the rail network and the reasonable commercial and domestic needs of any landholders; and

(b) conditions providing for the payment of administrative or other costs that the Rail Infrastructure Manager may incur in connection with the construction or maintenance of the level crossing.

(3)  If a condition of the kind referred to in subsection (2)(b) is not complied with, the Rail Infrastructure Manager may recover the unpaid costs as a debt due to the Rail Infrastructure Manager from the responsible entity.

| Note: For a part of the rail network that does not for the time being have a Rail Infrastructure Manager, section 8(5) applies to the operation of this section. |