Restaurateur fined after level-crossing near-miss

A restaurateur has been fined after a level crossing near-miss described by his solicitor as "like a harrowing episode of Thomas The Tank Engine".

Marius-Nelu Boncota had decided to cross the unmanned crossing, despite lineside phones being out of order. An alternative number attached with masking tape had fallen off.

Stirling Sheriff Court heard how he had posted lookouts down the line, but one of them failed to alert him, and as he drove onto the line the 07.20 from Crianlarich to Oban came round a corner, causing the train driver to slam on the emergency brakes.

Boncota was fined £520 and had four points added to his licence.

The 42-year-old from Crianlarich, who was not present in court, pleaded guilty to careless driving.

The remote rural crossing has two gates, which vehicle drivers have to open themselves after phoning the West Highland Line signalling centre for permission to cross.

The court heard the train driver only saw Boncota's van 100m (328ft) before braking.

Prosecutor Lucy Clarke said: "The driver stopped the train and composed himself before continuing on his journey to Oban."

About an hour later, a railway call centre operator received an email from Boncota, who reported that the crossing phones were not working and there was no alternative number to call.

Clarke said: "The accused confirmed he had driven his vehicle over the crossing when there had been a train approaching."

The incident, at Inverhaggernie Lower level crossing, near Crianlarich, happened on a "murky" morning on 1 November last year.

The court heard it was just beginning to get light, but visibility was clear.

The prosecutor said police found the phones working six weeks later, but the Crown "could not dispute" that there was a fault on the date of the incident.

Ronnie Simpson, defending, said: "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."

Simpson added that masking tape "doesn't hold up very well to the Scottish weather."

He added: "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."

He said Boncota used the crossing daily to leave the nearby farm he lives at to get to his restaurant business, and had been living there only a month when the incident happpened.

Sheriff Derek Reekie said: "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."

Following the hearing, a Network Rail spokeswoman said: "Instructions for using level crossings must be followed at all times, and people should never attempt to cross unless permitted to do so."