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Three people in a car have been killed following a collision with a train at a level crossing in the Highlands.

The accident happened on Bridge Street, Halkirk, in Caithness, at just after 1400 BST.

Eighteen passengers and four staff on the train were not injured. British Transport Police (BTP) confirmed all three who died were in the car.

Scotrail said the 1038 BST passenger service from Inverness to Wick was involved.

The level crossing has warning lights, but no barriers.

BTP, Northern Constabulary and the Rail Accident Investigation Branch will launch a joint investigation at the scene.

A woman was seriously injured when her car was involved in a collision with a train at the same crossing in October 2002.

Raymond Bremner, who works close to the scene of the accident, said he could see a high level of police activity.

He said the crossing had a "reputation for accidents".

Mr Bremner added: "There have been to my knowledge three or four accidents in the past few years."

On its website, train operator Scotrail warned that cancellations and delays to further services on the line should be expected following the accident.

So if it had been a set of traffic lights with red steady red light they'd have no doubt stopped, but because there are 2 red lights and they are flashing that must mean they should carry on?

Aren't we being a bit premature in our assumptions here. Three people have died and it is a little unfair on their memory to pre-judge the investigation and inquest into their deaths. Using words like 'stupid', 'ignorant' or 'idiots' is a tad offensive.

I was once told the reason why there are not steady red like traffic lights. It couldn't have been that memorable because I've forgotten what it was.

Blue Light Exemptions

While using blue lights, drivers are exempt from a number of motoring regulations, including

- treating a red traffic light as a give way sign
- passing to the wrong side of a keep left bollard
- driving on a motorway hard shoulder (even against the direction of traffic)
- disobeying the speed limit (police, fire and ambulance services only)

However, they are not allowed to

- ignore a 'no entry' sign
- ignore a 'stop' or 'give way' sign
- drive the wrong way down a one-way street
- ignore flashing signs at level crossings or fire stations
- cross a solid white line down the middle of the road ... .

Using words like 'stupid', 'ignorant' or 'idiots' is a tad offensive.

I was once told the reason why there are not steady red like traffic lights. It couldn't have been that memorable because I've forgotten what it was.

I've always thought like Tim.

Could be in case one of the bulbs has blown. As the lights normal state is unlit, if a bulb blew it would look like it was safe to cross with only a single bulb.

What IS the best way to reach people?

Rail crossing crash victims named

Three people killed in a collision between their car and a train at a railway level crossing have been named by British Transport Police.

Angus MacKay and his wife Margaret, both 81, from Inverness, and Mr MacKay's brother Donald, 66, of Latheron, died in Tuesday's accident. It happened at an unmanned, gate-free level crossing in Halkirk, Caithness.

The Scottish transport minister is to meet rail bosses to see if crossing safety measures need to be improved.

Angus MacKay had been driving the Nissan Almera when it was struck by the train, with his brother in the front passenger seat and Mrs MacKay in the back.

Angus and Margaret MacKay's son, also Donald, said: "We will always remember them and they will always be in our hearts and they will be deeply missed."

Police said there did not appear to be any suspicious circumstances surrounding their deaths.

The victims' names were released just hours after MSPs were told that Transport Minister Stewart Stevenson would hold talks with Network Rail on the issue.

The Liberal Democrats urged ministers to ensure action was taken urgently.

The accident, on Bridge Street in Halkirk, has already prompted a local politician to call for the installation of safety barriers at a cost of about ^1m each.

The type of crossing at the crash scene, which uses flashing lights to warn of an approaching train, is common across rural Scotland.

During question time at Holyrood, Scottish Liberal Democrat leader Tavish Scott urged the transport minister to pull together all the various groups involved in rail safety. He said: "Is it not time to cut through the morass of rail bureaucracy that gets in the way? Network Rail have risk assessors, the local highway authority has responsibility, as does Transport Scotland, the rail regulator, the rail inspectorate, the Health and Safety Executive, the police and even the Scottish Law Commission."

Deputy First Minister Nicola Sturgeon, standing in for Alex Salmond, welcomed Mr Scott's suggestion. She added that Mr Stevenson would explore with Network Rail "whether there are further improvements they can and should be making" at crossings where there had been serious accidents. She pointed out rail safety was reserved to Westminster, but added: "I'm sure there is not a single person in this chamber who doesn't want to make sure we're doing everything possible to minimise for the future the chance of such an appalling accident happening again."

Investigations into the Caithness accident are continuing.

In this case, the dodderies have already passed on their lack of common sense.

Trains 'could slow' for crossings

Train drivers are being advised by their union to reduce speeds at railway level crossings following the deaths of three people at a site in Caithness. The executive of railway workers' union Aslef has agreed to urge member to slow to 20mph and called for all Scotland's crossing to have barriers.

Angus MacKay and his wife Margaret and Mr MacKay's brother Donald were killed in an accident last month. Their car was hit by a train at a gate-free level crossing in Halkirk.

Funerals for the couple, who were both 81 and from Inverness, and 66-year-old Mr Mackay, of Latheron, were held in Wick last week.

Ahead of the national executive's meeting on the issue, Aslef's Scottish organiser Kevin Lindsay said the crash had been the "catalyst" for the discussions on lowering speeds at crossings. He said: "Drivers who are involved in these horrific incidents have to live with the consequences for the rest of their days. There should be no more deaths on Scotland's railways at these level crossings. We are looking to reduce the risk of that."

ScotRail said it was waiting for the outcome of the meeting with interest. A spokesman said the railway company worked with all its industry partners to ensure the safety of customers and staff.

The Rail Accident Investigation Branch's preliminary examination at Halkirk has indicated the warning lights at the crossing were working and the train was driven correctly.

However, it has decided to widen its inquiry to include not just what happened at Halkirk but to review the general risk posed by unmanned, gate-free crossings.

It said open automatic crossings of the kind used at Halkirk made up just 2% of Network Rail's total level crossings. But in the past 10 years, 31% of level crossing collisions have taken place at them.

The widening of the inquiry has been welcomed by Highlands and Islands SNP MSP Dave Thompson. He said the high number of collisions on this type of crossing indicated something was not right with their design.

The union meeting also comes in the wake of four people - one a bus driver - being accused of failing to comply with railway level crossings signals during a British Transport Police operation. Police said the driver of a local passenger service would be reported to the procurator fiscal in connection with the offence at Cleghorn level crossing in Lanarkshire. Two other motorists will also be served with notices after allegedly failing to stop at the same crossing.

In another incident, a 56-year-old man will be reported to the procurator fiscal for not following the proper procedures at Charleston level crossing in Perthshire.

Summary

On 29 September 2009 a collision occurred between a train and a car at the level crossing, at Halkirk, Caithness, resulting in fatal injuries to the three occupants of the car. There were no injuries to anybody on the train which was not derailed.

The most likely cause was that the car driver did not see and react to the flashing road traffic light signals because his eyesight was sub-standard.

An underlying factor was that Network Rail did not properly understand the risk at Halkirk level crossing because it had not taken the previous accident record into account. Had it done so, the level of risk might have justified more costly risk reduction measures, and risk reduction measures that had been identified might have been implemented more quickly and before the accident occurred.

The RAIB has made six recommendations to Network Rail which include the risk assessment of the level crossing and the maintenance of the backboards of the road traffic light signals.

Union slams Halkirk crossing report

The Rail Accident Investigation Branch (RAIB) has released its report into a fatal accident at Halkirk level crossing, Caithness, on 29 September 2009- and ASLEF has reacted angrily to it finding that ^Network Rail did not properly understand the risk at Halkirk crossing and had not taken the previous accident record into account^.

^This amounts to irresponsibility verging on the criminal, and ignorance bordering on the insane,^ Keith Norman, general secretary of train driver's union ASLEF said. ^It baffles me that anyone associated with the industry can fail to recognise the risks involved at level crossings, where one person a month has died for decades. Level crossings kill. Unmanned ones kill regularly. What is there not to understand?^

He added that, ^Every time there is an accident on an unmanned level crossing ^a deeply distasteful game of pass-the-parcel of guilt begins^.

^This report recommends a risk assessment of the crossing. I can save them a lot of trouble. They are all inherently unsafe. That is why we advise our members to slow down their trains when they approach them.

^What really maddens me is that we know the solutions: they are tunnels, bridges and in-cab technology to enable a driver to look further up the track than the eye can see.

^They are all available. But no one will put up the money to stop the carnage.^

Network Rail to upgrade open Scottish level crossings

All railway level crossings in Scotland are to get safety barriers, Network Rail have confirmed.

It follows the successful completion of a pilot scheme testing new mini barriers at a level crossing in Ardrossan in Ayrshire.

The first places to get them are all in the Highlands. They are Corpach, Brora, Kirkton and Dalchalm.

There are 23 open level crossings in Scotland, most of them in the Highlands.

Network Rail also said that a half-length barrier would be put in place at Halkirk in Caithness.

^4m Upgrade

It was the scene of a crash between a car and a train that killed three elderly members of the same family in September 2009.

Network rail is to spend ^4m on upgrading the crossings and expects to have completed the improvements by 2014.

The new barriers can be installed for about ^100,000 a crossing, compared to an average of more than ^500,000 under the old system.

David Simpson, Network Rail route managing director for Scotland, said: "The trial of this new system on single line railway at Ardrossan has been a fantastic success. We have developed and successfully tested an affordable, innovative system that will improve the safety of open level crossings."

Dave Thompson, SNP MSP for Skye, Lochaber and Badenoch, has been a vocal supporter of the new system.
Welcome announcement

He said: "I was delighted to see the successful completion of the new AOCL+B level crossing system at Ardrossan. I welcome the announcement that four Highland crossings will now be upgraded forthwith. These four barrier implementations on open Highland crossings are the initial first tranche of a roll-out to all the open crossings that remain in the Highlands."

He called the move a "major step forward" in road and rail safety.

Cabinet Secretary for Infrastructure and Capital Investment, Alex Neil, said: "Railway safety, including at level crossings, remains reserved to Westminster. However, to demonstrate our commitment, the Scottish government earlier this year announced an additional ^10m fund to help facilitate the closure of level crossings and I will continue to liaise with Network Rail on these issues."

Network Rail rapped over Halkirk crossing barrier delay

Network Rail has been heavily criticised for not given enough priority to installing safety barriers at the Caithness village level crossing where three people lost their lives.

Former Caithness Highland Councillor David Flear claims Halkirk should have been the first on the list of the 20 crossings which are to have new safety barriers erected in the Highlands.

The ^4 million project was brought forward after the tragic death of pensioners Angus Mackay (81) his wife Margaret (81) and Angus^s brother Donnie Mackay (66), from Latheron, who were killed when their car was struck by a train at the rail crossing at Halkirk in September 2009. The accident happened when the car collided with a Sprinter train at the unmanned crossing on Bridge Street which had warning lights but no barriers.
Donald Mackay, a son of the couple, is currently pursuing a personal injury action against Network Rail.

The first stubby type barriers were installed this week at Corpach, near Caol in Lochaber, with three barriers also set to be installed iat crossings near Golspie and Brora.

Mr Flear said that given the tragic accident involving the Mackays, Network Rail should have made installing barriers at Halkirk its first priority. "You would have thought as the Mackay deaths stimulated the whole issue that Halkirk would have been the first location to have these barriers to be installed," said Mr Flear, who lives in Halkirk. "I am surprised that it is not the first on the list as the tragedy happened up here and it did accelerate the campaign to have barriers erected at these crossings. Given the history, I thought that it would be logical that this would be the location where there would be the greatest need to get it done right away."

Skye, Lochaber and Badenoch MSP Dave Thompson has campaigned for barriers to be introduced throughout the Highlands since 2007. He yesterday said his understanding is that Halkirk was not the first location as the barriers being installed at Caol and the Sutherland crossings are not suitable for Caithness.

Network Rail, he said, had confirmed to him that suitable barriers will be installed at the Caithness crossing by next year. "Halkirk will be getting the full-size traditional barriers as the stubby barrier would not be suitable for the crossing," he said. "The full-size barriers, I understand, take a lot longer to prepare. They will enable the train to go through at high speed whereas the stubby barriers force the train to slow down as it passes. Despite not being the first place to have them installed, Halkirk in the long term will receive a better standard of barriers, but the stubby barriers are a huge improvement on what exists in the Highland at the moment. The planning process has already started for the barriers to be installed in Halkirk and should be in place by 2014."

A successful trial of the specially designed barriers at Ardrossan between April and July led to a decision to commission them in the Highlands over the next two years, it is believed Halkirk is the only Caithness crossing included in the list of 20 sites.

Network Rail were asked to comment but at the time of going to press had not responded.

A couple of questions - firstly why is this particularly a Scottish issue? Surely there are numerous open crossings elsewhere, although it appears more emotive north of the border, possibly because of a couple of high profile incidents.     

Secondly, does this offer an opportunity to improve cost effective journey times on rural lines which are subject to heavy speed restrictions at open crossings? I'm particularly thinking of a recent trip on the Central Wales line where there appeared to be quite a few such crossings, but would it have any benefit for some of the south west branches? I would imagine each crossing could knock up to a minute off journey times.

I was thinking about SW England, but could also be applied to West Wales. 

And I'm afraid I'm old enough to remember when it was commonly known as the Central Wales Line, before they thought up the rather more attractive sounding HoWL. Though Quail Track Diagrams seems to imply that CWL is still used within the railway.

Halkirk level crossing deaths: Victims' son awarded compensation

A man whose parents were killed in an accident at a railway level crossing in Caithness has been awarded tens of thousands of pounds in compensation.

Angus MacKay and his wife Margaret, both 81, from Inverness, and Mr MacKay's brother Donald, 66, of Latheron, died in the 2009 incident.

The MacKays' car collided with a train at an unmanned, gate-free crossing.

Donald MacKay sued Network Rail over alleged safety issues. The two parties reached an out-of-court settlement.

The exact figure which has been awarded to Mr MacKay, 51, from Inverness, has not been disclosed.

He told BBC Scotland that safety measures, such as barriers, at the crossing could have saved the lives of his parents and uncle.

A Network Rail spokesman said: "We have settled a legal action regarding the Halkirk incident, but it would not be appropriate to discuss the details with a third party."

The Rail Accident Investigation Branch (RAIB) published a report following the incident.

It said Network Rail "did not properly understand the risk" at the site because it had not taken a record of four previous accidents - one of them fatal - into account.

The RAIB said: "Had it done so, the level of risk might have justified more costly risk reduction measures, and risk reduction measures that had been identified might have been implemented more quickly and before the accident occurred."

Six recommendations were made on improving safety at the site.

However, the RAIB also said Mr MacKay may not have seen, or had misinterpreted, the warning lights at the level crossing and appeared not to have been wearing glasses to improve his distance vision.

...it is likely that the car driver^s sub-standard eyesight was the most significant factor.

Network Rail urged to fight legal claims

Network Rail has been urged to fight legal action over motorists being killed or injured by jumping red lights at level crossings after it emerged the firm has made out-of-court settlements to save money.

In the latest incident, a relative of three pensioners killed when a train hit their car in Caithness has received a ^substantial^ sum, believed to be tens of thousands of pounds. The payout by Network Rail came despite an official report into the 2009 crash stating its most likely cause was the car driver^s poor eyesight.

Angus MacKay, 81, died along with his wife Margaret, 81, and his brother Donald, 66, when their Nissan Almera was hit by an Inverness-Wick train at the barrier-less crossing.

The UK Department for Transport^s rail accident investigation branch (Raib) report into the incident stated: ^The most likely cause was the car driver did not see and react to the flashing road traffic light signals because his eyesight was sub-standard.^

MacKay^s eyesight had not been up to driving test standard, despite him being twice advised to get suitable glasses. His son, Donald, sued Network Rail over alleged safety failings. Last year, the Crown Office said MacKay ^may bear some responsibility for the collision^.

In a previous case, also involving the Halkirk crossing, a woman received a similar payout after being seriously injured when her car was hit by a train in 2002. An investigation found Sarah Jappy had driven through the red light.

Jappy, who was pregnant, was in a coma for three months after suffering multiple fractures having been thrown through the sun roof of her car. She survived and gave birth to a healthy baby. She raised a ^500,000 legal action against Network Rail, arguing the crossing lights were difficult to see and there was no barrier.

Last year, Network Rail announced it would install barriers at all 23 such open crossings in Scotland.

In both legal cases, Network Rail made the payments without accepting liability. The firm said the cases had been settled as a ^pragmatic^ decision because of the likely legal costs involved. Those bringing the cases are believed to have on legal aid.

However, rail experts said the move sent out the wrong message about level crossing safety and called on Network Rail to stand its ground.

Richard Hope, consulting editor of Railway Gazette, said: ^As a matter of principle, they [Network Rail] should stick it out. It^s a bit weak-kneed. It will encourage other people to try it on.^

Rail author Christian Wolmar said: ^Network Rail should take a deep breath and defend their position, even if the other side are legally aided. Otherwise they are suggesting they are in the wrong. It is, after all, public money which funds most of their work, and by caving in they are wasting money that could be spent on improving the railways.^

Stan Hall, a former head of level crossing safety for British Rail, said: ^This is a new trend and I absolutely hate it. It^s a compensation culture and Network Rail is suffering for it.^

However, Hall said Network Rail might have feared lawyers seeking to exploit any level crossing deficiencies referred to in investigation reports.

The Raib report into the 2009 crash said an underlying factor had been that Network Rail ^did not properly understand the risk^ at the crossing because it had not taken the previous accident record - of four crashes since 1987 - into account. The report said if it had done, ^the level of risk might have justified more costly risk reduction measures^, such as barriers, which might have been implemented before the crash.

Aslef, the main train drivers union, expressed anger that its members were the ^unrecognised victims^ by no longer being eligible for compensation from such incidents.

General secretary Mick Whelan said: ^It is appalling that while Network Rail compensates relatives of people killed at crossings, the [UK] Government now refuses any compensation to train drivers who are traumatised by these incidents. The government has now declared train drivers to be ineligible, removing a provision which cost little and mattered much.^

Lawyer Cameron Fyfe, who represented the victims and their families in both cases, said he had been surprised Network Rail had made an offer so quickly in the MacKay case. He said he thought this was because of the earlier case, involving Sarah Jappy, in which the settlement had been reached after a series of court hearings.

Fyfe said: ^Network Rail made an offer after nine tenths of the expenses involved had been incurred.^ He added that it was usual for settlements not to include admissions of liability to avoid setting precedents.

A Network Rail spokesman said: ^We have settled a legal action regarding the [2009] Halkirk incident, but it would not be appropriate to discuss the details with a third party.^