TRANSPORTATION/PUBLIC WORKS--Enforcing Rail Safety

Trespassing on railway tracks can be dangerous -- and expensive.

A recent addition to the summary offense ticket regulations has given police the power to issue a $215 fine on the spot to anyone trespassing on a railway's right of way. Previously, the only legal option was for both the police officer and the trespasser to appear in court under the the Protection of Property Act.

"It's dangerous to be trespassing on railway property at any time, whether you're walking or driving an off-highway vehicle," said Transportation and Public Works Minister Ron Russell. "This change helps to enforce the law and ensure that provincial railway operations are safe."

Every year in Canada about 60 people are killed while trespassing on railway tracks. A number of close calls occurred on railways in Nova Scotia in the last year.

An increase in trespassing along railway lines in recent years has made ticketing necessary. Railway companies and inspectors have noted an increased number of incidents involving off-highway vehicles using railway lines. Such use damages the track and can result in serious injury to drivers.

"We're trying to increase awareness of rail safety across the province," said Mr. Russell. "People need to remember that many trains today are not scheduled, they go when they're needed."

A loaded 22-car train travelling at 50 kilometres an hour takes about one kilometre to stop. The longer and faster the train, the longer it takes to stop.

It is an offence under the Protection of Property Act for anyone to be on a railway's right of way without its permission. The act was amended in 2001 recognizing that, for safety reasons, the public should not access railway lines.

A railway line is on private land and includes about 14 metres of property from either side of the track.