A restaurateur has been fined after a near-miss at an unmanned level crossing in Stirlingshire, with a sheriff criticising the railway company's setup. The incident was described in court as “like a harrowing episode of Thomas the Tank Engine”.
Details of the incident
Marius-Nelu Boncota, 42, arrived at Inverhaggernie Lower Level Crossing on the West Highland Line on November 1 last year. He found the lineside phones out of order, and an alternative number stuck on with masking tape had come off in the rain.
Needing to get to work, Boncota posted look-outs down the line. After being told nothing was coming, he set off in his small white van. However, one look-out failed to alert him. As Boncota pulled onto the line, the 07:20 train from Crianlarich to Oban came around a corner towards him.
Court proceedings
Stirling Sheriff Court heard the train driver saw the van only 100 metres ahead and slammed on the emergency brakes to avoid a collision. Prosecutor Lucy Clarke said: “The driver stopped the train and composed himself before continuing his journey to Oban.”
The incident occurred on a “murky” morning, with visibility clear. About an hour later, Boncota emailed the railway call centre reporting the crossing phones were not working and there was no alternative number.
Boncota, of Inverhaggernie Farm, Crianlarich, pleaded guilty to careless driving in his absence. His solicitor, Ronnie Simpson, said: “It sounds like a harrowing episode from Thomas The Tank Engine.” He explained that the alternative number was held on by masking tape, which “doesn’t hold up very well to Scottish weather”.
Simpson added that Boncota’s two adult step-sons were positioned as look-outs, but one “has obviously not done their job particularly well”. Boncota used the crossing daily to reach his restaurant business and had lived there only a month when the incident occurred.
Fine and criticism
Sheriff Derek Reekie fined Boncota £520 plus four endorsement points, saying: “His culpability was crossing, not knowing if there was a train coming or not. The set-up of the crossing seems to be quite inadequate and open to difficulty.” He hoped the railway company would implement a less fallible system.
A Network Rail spokesperson said: “Instructions for using level crossings must be followed at all times, and people should never attempt to cross unless permitted to do so.”
