Restaurateur Fined Following Level Crossing Near-Miss
A restaurateur has been fined after a near-miss incident at a level crossing, which his solicitor described as "like a harrowing episode of Thomas The Tank Engine".
Marius-Nelu Boncota chose to cross an unmanned level crossing despite the lineside phones being out of order. An alternative contact number, which was attached with masking tape, had fallen off and was not visible.
Boncota posted lookouts down the railway line; however, one of the lookouts failed to alert him. As he proceeded onto the crossing, the 07:20 train from Crianlarich to Oban rounded a corner, forcing the train driver to apply emergency brakes.
Boncota was fined £520 and received four penalty points on his driving licence.
The 42-year-old from Crianlarich, who did not attend court, pleaded guilty to careless driving.
The remote rural crossing is equipped with two gates that vehicle drivers must open themselves after contacting the West Highland Line signalling centre to obtain permission to cross.
The court heard that the train driver only spotted Boncota's van approximately 100 metres (328 feet) before initiating braking.
"The driver stopped the train and composed himself before continuing on his journey to Oban."
Approximately one hour after the incident, a railway call centre operator received an email from Boncota reporting that the crossing phones were not functioning and that there was no alternative number to call.
"The accused confirmed he had driven his vehicle over the crossing when there had been a train approaching."
Details of the Incident and Court Proceedings
The incident occurred at Inverhaggernie Lower level crossing near Crianlarich on the morning of 1 November last year, described as "murky" but with clear visibility as daylight was beginning.
Police later found the phones operational six weeks after the event, but the Crown acknowledged there was a fault on the day of the incident.
"It sounds like a harrowing episode from Thomas The Tank Engine.
Mr Boncota had gone to the telephone, lifted the telephone up, and there was no signal.
In the absence of a working telephone there's supposed to be an alternative number but this number is shown in the Crown's photographs being held on by small pieces of masking tape."
"Masking tape doesn't hold up very well to the Scottish weather.
When it rains, the alternative number curls up and goes into the grass beside the phone.
In the absence of permission he just shouldn't have crossed. It is strict liability."
Simpson added that Boncota used the crossing daily to leave the nearby farm where he lives to reach his restaurant business, and he had been residing there for only a month when the incident occurred.
Sheriff Derek Reekie stated:
"His culpability was crossing, not knowing if there was a train coming or not, and it just so happened there was a train.
The set-up of the crossing seems to be quite inadequate and open to difficulty."
