Railways Act 1991 · Updated to 1 Sep 2012 · Part IV · Construction and Works
18. Road crossings
Feedback & supportWherever a railway company has constructed a railway track across an existing public road on the level (such crossing not being an “occupation crossing” within the meaning of section 20), the company shall cause good and efficient gates or barriers to be erected and maintained at the point where the railway track crosses the road, and shall employ proper persons to open and shut such gates or barriers and such gates or barriers shall be kept closed against the public road when rolling-stock is crossing the road.
railway company
“railway company” includes any person or persons, whether incorporated or not, who are owners or lessees of a railway or parties to an agreement for working a railway;
The Director General may, at any time, declare that subsection (1) shall not apply to such crossings as are specified in the declaration, and thereupon the railway company shall be relieved of the obligations imposed by subsection (1) in respect of the said crossings.
Director General
“Director General” means the Director General of Railways appointed under section 3;
Where any such declaration has been made under subsection (2), the railway company shall erect warning boards alongside the public road and whistle-signals alongside the railway track at suitable distances from such level crossing, and the driver of every engine or other motive vehicle shall sound the whistle of his engine or other motive vehicle in accordance with such signals before the engine or other motive vehicle crosses the public road.
railway
“railway” means any kind of railway for the public carriage of passengers or goods or both, or any portion thereof, and includes— (a) all rails, beams, cables, sidings, or branches worked over for the purposes of, or in connection with, a railway; (b) all rolling-stock used for the purposes of traffic; and (c) in so far as the context allows, a railway under construction by or for any railway company, but does not include— (d) the Sabah Railway; (e) any railway used or, in the case of a railway to be constructed, intended to be used, by any person for the carriage of goods within any premises occupied by such person; and (f) any railway used or, in the case of a railway to be constructed, intended to be used, wholly or mainly for the carriage of passengers within any amusement or recreational premises;
The railway company shall not be liable for any damage caused to any person or property by the passage of any engine, other motive vehicle or any other rolling-stock attached to it across the public road at any crossing specified in a declaration under subsection (2) unless it is proved that the driver of the engine, motive vehicle or rolling-stock did not sound the whistle of his engine, motive vehicle or rolling-stock in accordance with the signals.
property
“property” means any movable or immovable property, and includes— (a) any right, interest, title, claim, chose-in-action, power, privilege, whether present or future and whether vested or contingent, in relation to any property, or which is otherwise of value; (b) any conveyance executed for conveying, assigning, appointing, surrendering, or otherwise transferring or disposing of immovable property whereof the person executing the conveyance is proprietor or possessed or wherein he is entitled to a contingent right, either for his whole interest or for any less interest; (c) any monetary instrument; (d) any other instrument or securities; (e) any business; and (f) any other tangible or intangible property;
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Where a Government department, local authority or any other person constructs a public road across an existing railway track, the Government department, local authority or any other person charged with the responsibility for the maintenance of such road shall be liable to pay to the railway company the cost of the construction of any gate or barrier erected by the company at the point where the road crosses the railway track and an annual rent for the maintenance thereof.