Discontinuation Notice

Published: 15 February 2019

Section 21 (2) of the Transport Safety Investigation Act 2003 (TSI Act) empowers the Australian Transport Safety Bureau (ATSB) to discontinue an investigation into a transport safety matter at any time. Section 21 (3) of the TSI Act requires the ATSB to publish a statement setting out the reasons for discontinuing an investigation.

On 14 June 2017, the ATSB commenced an investigation into a level crossing collision between a car and XPT NT32, Kyogle, New South Wales, Australia.

At approximately 0810 (AEST) on 14 June 2017, the driver of a white Holden Commodore was driving across the Andrew Street level crossing at Kyogle.  At the same time, XPT NT32 travelling from Brisbane to Sydney was approaching the level crossing. The train struck the motor vehicle and as a result of the collision, the driver of the car suffered fatal injuries.

ATSB’s preliminary evidence collection revealed:

• The passive level crossing approach signage was to standard.
• The sighting distances from both sides of the level crossing were unobstructed and provided ample time for safe crossing.
• There was no evidence of the level crossing being poorly maintained.
• There were no mechanical issues identified with the train.
• There were no issues identified with the train driver.
• The driver of the car was walking their pet dog beside the vehicle over the level crossing.

Based on this information, it is likely the driver of the car did not see the train approaching and did not abide by the passive level crossing warning signs. The ATSB considered it was very unlikely that further investigation would identify any systemic safety issues. Consequently, the ATSB has discontinued this investigation.