The current legislation requires Network Rail (who are responsible for railway infrastructure) to prevent unauthorised access to the railway (for example by means of line side fencing). However, the ORR consider that the legislation duplicates duties already in place under the Health and Safety at Work Act 1974. The intention is therefore that the safety need to fence the railway is part of Network Rail’s management of risk.
Many farmers who have land crossed by a rail line, were concerned that the proposals may lead to fewer, or lower quality, fences. This could place a greater burden on adjacent landowners or unreasonably restrict the use of their land.
Many farmers were concerned that the current arrangents were not working; with fencing either missing, inadequate or poorly maintained. Reports of problems are also not being acted on expediently.
Our response
This consultation closed on the 2nd September, thank you for all of your responses. You can read the NFU response here.