EASTERN BAY ROAD SAFETY COMMITTEE MONDAY, 25 FEBRUARY 2019

AGENDA

Meeting to be held in the Council Chambers, Civic Centre, Commerce Street, Whakatāne at 1:00 pm

Steph O'Sullivan CHIEF EXECUTIVE 20 February 2019

WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 Membership ...... 4

2 Apologies ...... 4

3 Conflicts of Interest ...... 4

4 Eastern Bay Road Safety Committee - Joint Committee Agreement ...... 4

5 Presentation ...... 10

6 Confirmation of Minutes ...... 11

6.1 Minutes Eastern Bay Road Safety Committee 26 November 2018 ...... 11

7 Reports ...... 17

7.1 Eastern Bay Road Safety Activity Report 1 October to 31 December 2018 ...... 17

7.1.1 Appendix 1 Communications Activity Report for EBRSC – 1 October to 31 December 2018 ...... 22

7.2 NZTA Report - February 2019 ...... 23

7.3 Whakatāne District Council Road Safety Report ...... 27

7.3.1 Appendix 1 - TAIC Report on Road/Rail Fatality - Lambert Road ...... 30

7.4 Police Report ...... 75 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 1 Membership

1 Membership

Membership:

Councillor Haki McRoberts - Ōpōtiki District Council (1 elected member) - Chairperson

Councillor Alison Silcock - Whakatāne District Council (1 elected member) with Councillor Gerard van Beek as alternate

Councillor Rex Savage - Kawerau District Council (1 elected member)

Councillor Bill Clarke - Bay of Plenty Regional Council (1 elected member)

Marceli Davison - NZTA (1 representative) with Alex Jeffcoat as alternate member

Sergeant Ray Wylie - New Zealand Police (1 representative)

Dave Cox - Road Transport Association NZ (1 representative)

Jessica Davis - ACC (1 representative)

2 Apologies

At the time of compiling the agenda an apology was received from J Davis (ACC) .

3 Conflicts of Interest

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as an elected member and any private or other external interest they might have.

4 Eastern Bay Road Safety Committee - Joint Committee Agreement

4 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 4 Eastern Bay Road Safety Committee - Joint Committee Agreement (Cont.)

EASTERN BAY ROAD SAFETY COMMITTEE JOINT COMMITTEE AGREEMENT

PURPOSE

Clause 30A of Schedule 7 of the Local Government Act 2002 (LGA 2002) requires that an agreement be entered into by the Parties specifying the number of members each Party may appoint to the joint committee; how the chairperson and deputy chairperson are to be appointed; the terms of reference of the joint committee; what responsibilities (if any) are to be delegated to the joint committee by each Party; and how the agreement may be varied. This Agreement sets out each of these matters as required by the LGA 2002.

The Eastern Bay Road Safety Committee has been established to provide strategic direction, oversight and leadership to ensure Eastern Bay roads are increasingly free of death and serious injury.

INTERPRETATION Agreement means this agreement with its Appendix including any variations entered into from time to time.

Joint Committee means the Eastern Bay Road Safety Committee

Party means the Kawerau District Council, Ōpōtiki District Council, Whakatāne District Council and Bay of Plenty Regional Council being a joint committee of each of these Councils established under the Local Government Act 2002.

Terms of Reference means the terms of reference for the Eastern Bay Road Safety Committee Joint Committee set out in Appendix 1.

NUMBER OF MEMBERS The number of members that each Party may appoint to the Joint Committee is set out in the Terms of Reference.

A536798 Page 1 of 5

5 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 4 Eastern Bay Road Safety Committee - Joint Committee Agreement (Cont.)

CHAIRPERSON AND DEPUTY CHAIRPERSON The process for the appointment of the Chairperson and Deputy Chairperson is set out in the Terms of Reference.

TERMS OF REFERENCE The Terms of Reference for the Joint Committee are set out in Appendix 1.

DELEGATIONS The Eastern Bay Road Safety Committee’s role is essentially to provide an interagency response to local, regional and national road safety strategies, and in particular, will seek to achieve the Eastern Bay’s road safety objective. The Joint Committee’s delegations are set out in the Terms of Reference. The Joint Committee has all the powers necessary to enable it to carry out its functions.

VARIATIONS This Agreement (including the Terms of Reference) may be varied by mutual agreement of the Parties at any time.

Any agreement to vary the Agreement shall be recorded in writing, signed by the parties and attached to this document.

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6 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 4 Eastern Bay Road Safety Committee - Joint Committee Agreement (Cont.)

Appendix 1 Terms of Reference

Eastern Bay Road Safety Committee

Objective To provide strategic direction, oversight and leadership to ensure Eastern Bay roads are increasingly free of death and serious injury.

Aims Safer Journeys, the New Zealand Road Safety Strategy, highlights the need to work across all elements of the road system (roads, speeds, vehicles and road use) and advocates that everyone has a responsibility for road safety.

The aim of the Eastern Bay Road Safety Committee (EBRSC) is to support, monitor and advocate for road safety in the Eastern Bay. It will do this through coordinating the work of all the Eastern Bay agencies that have a road safety function to ensure the Safer Journey’s ‘safe systems’ approach is achieved.

The Committee will support road safety in the Eastern Bay by:

. Ensuring that all funders and stakeholders maintain an agreed vision and purpose; . Providing leadership in planning and development of road safety programmes, plans and initiatives; . Supporting each of the key actions within the Road Safety Implementation and Action Plans; . Contributing to the preparation of local, regional or national strategies and plans as appropriate; . Overviewing the implementation of the Road Safety Action Plan by monitoring progress, evaluating and providing feedback and direction to member agencies; . Raising the profile of road safety initiatives within member organisations and within the wider community; . Providing networking and information sharing opportunities, with regular reporting by member organisations to the Committee on projects and priorities; . Supporting community led road safety initiatives if they can be demonstrated to contribute to Eastern Bay road safety objectives;

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7 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 4 Eastern Bay Road Safety Committee - Joint Committee Agreement (Cont.)

Principles The Committee will work to:

. enhance mutual benefit and create a common purpose; . commit appropriate resources including time, skill and expertise; . encourage participation of all members; . think strategically and innovatively; and . provide leadership and oversight.

While it is recognised that each member brings a particular perspective, members will be expected to act in the best interests of road safety and all people in the Eastern Bay of Plenty region in achieving the above aims.

All members must agree to support the terms of reference. The Chairperson and Deputy Chairperson of the Committee will be Chairperson appointed by the EBRSC at the first meeting of the new three year planning term for a term of three years. The EBRSC will be composed of no more than 10 core members. Membership Members of the EBRSC will be selected by the individual organisations. Members will be eligible for reappointment, which will coincide with the local government election cycle Each appointment will be for a term of approximately three years.

Committee membership will be made up of representatives from the following organisations:

 Whakatāne District Council (1 elected member)  Kawerau District Council (1 elected member)  Ōpōtiki District Council (1 elected member)  Bay of Plenty Regional Council (1 elected member)  NZTA (1 representative)  New Zealand Police (1 representative)  Road Transport Association NZ (1 representative)  ACC (1 representative)

Other members can be co-opted to the group for specific periods to assist the work of the EBRSC as necessary but will not have voting rights

The members may nominate an alternate person from their organisation to attend Committee meetings, either on a permanent or temporary basis.

The EBRSC provides support, leadership and oversight for road safety in the Parameters Eastern Bay of Plenty.

The Committee must be aware of, and monitor the progress of the objectives of the road safety programmes, plans and initiatives.

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8 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 4 Eastern Bay Road Safety Committee - Joint Committee Agreement (Cont.)

Accountability The Committee and its members are accountable for the outcomes of the Eastern Bay Road Safety activity. Whakatāne District Council is responsible for the day to day management Relationships and coordination of the Eastern Bay Road Safety activity.

Whakatāne District Council will service the working of the EBRSC, including the provision of administrative support, preparation of agendas, reports and minutes in conjunction with the Chairperson. The scope of the EBRSC covers all roads in the Whakatāne, Ōpōtiki and Scope Kawerau Districts, including State Highways. It includes all road safety activities carried out in the Eastern Bay including education and promotion, enforcement activities and engineering programmes. It coordinates these programmes and activities with regional and national road safety programmes and initiatives.

EBRSC will seek to give effect to the New Zealand road safety strategy, Safer Journeys, and the Eastern Bay Road Safety Implementation Plan when determining its local focus and priorities.

EBRSC’s role is essentially to provide an interagency response to local, regional and national road safety strategies, and in particular, will seek to achieve the Eastern Bay’s road safety objective. The Committee will meet at least quarterly. Meetings will be held at times Meetings and and in places set out in an agreed schedule. Process The Committee may need to hold additional workshops, information sessions involving group members or other interested parties.

The Chief Executive, or the Chief Executive’s representative, of each partner council shall attend meetings and will act as advisors to the EBRSC. Meetings may be attended by further staff support as considered appropriate by their Chief Executive. The quorum at a meeting of EBRSC is half of the members if the number of members (including vacancies) is even, or a majority of members if the number of members (including vacancies) is odd

The Chairperson will have a deliberative vote. In the case of equality of votes, the Chairperson of EBRSC does not have a casting vote and the status quo is preserved. The EBRSC has the ability to set up sub-committees to carry out specific directions of the Committee. These terms of reference are in force until amended in writing by the Performance partner Councils. Consultation with all Committee member organisations will precede any amendments to the Terms of Reference.

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9 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 5 Presentation

5 Presentation

D Cox (Area Executive - Road Transport Association)

Mr Cox attended a career expo on 15-16 February 2019 and presented on Road Transport Industry as a career choice.

10 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 6 Confirmation of Minutes

6 Confirmation of Minutes 6.1 Minutes Eastern Bay Road Safety Committee 26 November 2018

Details of EASTERN BAY ROAD SAFETY COMMITTEE MEETING HELD Meeting: IN THE COUNCIL CHAMBERS, WHAKATANE DISTRICT COUNCIL, CIVIC CENTRE, COMMERCE STREET, WHAKATĀNE ON MONDAY, 26 NOVEMBER 2018 COMMENCING AT 1:00 PM

Present: Councillor H McRoberts (Ōpōtiki District Council (Chairperson)), Councillor A R Silcock (Whakatāne District Council), Councillor R Savage (Kawerau District Council), M Davison (New Zealand Transport Agency, J Davis (ACC) and Sergeant R Wylie (New Zealand Police)

In Attendance: P Bedford (NZAA), C Ball (Manager Strategy and Community Development), M Taylor (Manager Transportation, WDC), A Erickson (Engineering and Services Group Manager, Ōpōtiki District Council), H van der Merwe (KDC) Councillor G van Beek and S French (Governance Support Advisor, WDC)

Apologies: Apologies were received and sustained on behalf of: D Cox (Road Transport Association NZ), Councillor B Clark (Bay of Plenty Regional Council) and J Mack (Bay of Plenty Regional Council)

R Hamer (Bluelight Whakatāne), Sergeant H Hay, M Drayton Visitors: (TrackSAFE NZ), K Simpson (Safer Roads Alliance) and J Rae (Safer Roads Alliance)

Chairperson McRoberts opened the meeting with a Karakia.

1. APOLOGIES

RESOLVED

THAT the Eastern Bay Road Safety Committee accept the apologies from D Cox, Councillor B Clark and J Mack.

Silcock/Savage CARRIED

2. CONFLICT OF INTEREST

No conflict of interests were declared.

Attendance: J Davis entered the meeting at 1:02 pm.

11 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 6.1 Minutes Eastern Bay Road Safety Committee 26 November 2018 (Cont.)

3. ANNOUNCEMENTS

Chairperson McRoberts welcomed to the presenters to the meeting and noted that a video clip would be played during the TrackSAFE NZ presentation.

4. PRESENTATION

Refer to pages 10 of the agenda.

4.1. Bluelight Bike Ready – R Hamer and H Hay

Refer also to pages 10a-b of the tabled items.

Bluelight Whakatāne was a charity organisation that worked in partnership with NZ Police to deliver programmes and activities to youth. BikeReady Cycle Skills Training was a new national programme run by New Zealand Transport Association and Whakatāne Bluelight was contracted to deliver the programme, with assistance of police officers, to local schools in the Eastern Bay. Mr Hamer stated he had been involved with Road Safety for eleven years and became a co-ordinator for Blue Light in 2014 and that his passion for cycling helped to successfully deliver the BikeReady Cycle Skills training programme.

Resulting from a central government policy group investigating cycling accidents, Mr Hamer reported that a number of strategies and a nationwide coordinated approach to road and cycle safety (based on international models) had been established.

Mr Hamer advised that qualified instructors delivered the graded BikeReady programme and that the programme included both classroom learning using BikeReady curriculum resources and practical bike training. He explained that grade one was to prepare school children for off-road cycling and the children learnt to ride safely within the school grounds. Grade two introduced school children to on-road riding; which included road rules and mechanisms to ride safely on the roads.

Parents needed to feel their children were safe to cycle to school and Mr Hamer said that what was taught through the BikeReady programme was a life skill, which followed through when the youth started to drive as they would treat cyclists with respect.

Bluelight Whakatāne had a contracted target for the 2018-2019 period and this included to deliver the programme to 800 young people, complete professional development for 15 teachers, priority to be given to schools that run a Bikes in Schools programme and to participate in an inter-school cycle challenge.

Mr Hamer noted that Bluelight Whakatāne were also involved in the Whānau on Wheels programme where donated bikes were repaired, recycled and given to families.

The Accident Compensation Corporation (ACC) were acknowledged for their funding assistance to the BikeReady programme; over three years ACC would contribute $25,000 per year to the delivery of BikeReady in the Eastern Bay.

In response to a question regarding compliance of wearing helmets, Mr Hamer said that compliance was high during school times, however it was outside of school hours where there was more of an issue.

Attendance: R Hamer and Sergeant H Hays left the meeting at 1:25 pm.

12 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 6.1 Minutes Eastern Bay Road Safety Committee 26 November 2018 (Cont.)

4.2. TrackSAFE New Zealand – M Drayton

Refer also to pages 10c-e of the tabled items.

The presentation began with a video clip that gave an insight to the life of a locomotive engineer.

TrackSAFE New Zealand was a not for profit organisation, established in 2006 and their aim was to raise awareness and to be an advocate for rail safety in New Zealand. Ms Drayton said they shared resources with TrackSAFE Australia and they worked collaboratively with a number of stakeholders groups.

Ms Drayton noted TrackSAFE were looking at situations more holistically to aid improvements required at level crossings and their focus was pedestrians in urban areas, regional motorist (including heavy vehicles) and vulnerable users. She added that programme of learning in schools could also be an effective tool for educating youth.

The presentation included collision and near collision statistics for the Eastern Bay and that this data was used during risk assessments. It was noted that perhaps not all incidents were reported. Ms Drayton advised members that Rail Safety Week 2019 would be run during 12-18 August and that TrackSAFE would support stakeholders that wanted to play a role in promoting rail safety.

Ms Drayton reported that the Transport Accident Investigation Commission (TAIC) currently had a focus on rail level crossings and that TrackSAFE had completed research on experiences of heavy vehicle drivers around level crossings. She said KiwiRail had run trials around the issue of short stacking (depending on length of the heavy vehicle detected, level crossing warning lights could activate earlier). Ms Drayton was interested in the type of safety campaign that would resonate with the Heavy Vehicle drivers and would be happy to look to promote results of any research.

In response to a query regarding if there was an expectation from NZTA to realign local roads, Ms Drayton said that discussions needed to be held with Councils throughout the country.

When asked how Councils’ Road Safety programme could assist, Ms Drayton proposed the promotion of, and education during, Rail Safety week and a local level crossing awareness campaign.

It was suggested that Council and TrackSAFE could work collaboratively regarding cameras at some local level crossings.

4.3. Safer Roads Alliance – K Simpson and J Rae

Refer also to pages 10f-i of the tabled items.

Ms Simpson and Mr Rae spoke to their PowerPoint presentation on the preferred improvement options on the State Highway 2/Wainui Road to Ōpōtiki roading corridor. Members were advised that the Business Case was in the process of being finalised and Ms Simpson noted that the improvements were more significant than what had been projected two years previously.

The objectives of the Safer Roads Alliance project was as to reduce death and serious injury crashes and to make the corridor more resilient resulting in a reduction of instances when road access is lost due to flooding.

Ms Simpson reviewed the identified problems and the preferred option for each of the four sections of the roading corridor:

13 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 6.1 Minutes Eastern Bay Road Safety Committee 26 November 2018 (Cont.)

Wainui Road, from Ōhope to State Highway 2 State Highway 2, from Wainui Road to Ōpōtiki Wainui Road/State Highway 2 intersection at Matekerepu Ōhiwa Beach Road and Waiotahe Valley Back Road intersections with State Highway 2

Ms Simpson reported the $33-38 million cost for the improvements to the roading corridor was endorsed by the appropriate stakeholders and the New Zealand Transport Authority (NZTA) in July 2018. She said the next steps were due diligence, economical peer reviews and road safety audits and that it was hoped to submit the Business Case before the end of 2018. This work would be carried out in parallel with funding approval tasks. She reported that it was expected detailed design work would commence mid-2019.

Considerations for cycle ways, edge protection fall away and of the sports cyclists were raised. Council staff expressed an interest to be included in the detailed design stage to ensure Council projects could be retrofitted and to work collaboratively and economically regarding common earth works.

Attendance: M Drayton, K Simpson and J Rae left the meeting at 2:31 pm.

5. CONFIRMATION OF MINUTES

Refer to pages 11-15 of the agenda.

Addition: Item 5.1 - Members were asked to forward information to Ms Davis regarding any driving instructors who delivered programmes to groups.

RESOLVED:

THAT, subject to the foregoing addition, the minutes of the Eastern Bay Road Safety Committee meeting held on Monday, 27 August 2018 be confirmed as a true and correct record.

Savage/Silcock CARRIED

6. REPORTS

6.1. Eastern Bay Road Safety Activity Report 1 July to 30 September 2018

Refer to pages 17-23 of the agenda.

Ms Ball highlighted the following points from the Activity report:

Community engagement was occurring, via the Active Whakatāne project, to survey the needs and safety requirements of a wide variety of travellers and that the results would contribute to the Council’s Cycling and Walking Strategy. The Repeat Drink and Drive programme was a finalist in the 2018 Cedric Rogers Road Safety award.

14 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 6.1 Minutes Eastern Bay Road Safety Committee 26 November 2018 (Cont.)

RESOLVED:

THAT the Eastern Bay Road Safety Activity Report 1 July to 30 September 2018 report be received.

Wylie/Silcock CARRIED

6.2. NZTA Report – November 2018

Refer to pages 24-28 of the agenda.

Ms Davison referred members to the Road Safety Outcome reports on the NZTA website to view the quarterly statistical summaries and trends for areas of concern in New Zealand’s road safety programme.

Regarding washouts on State Highway 35, concern was raised that the temporary traffic lights did not always operate. Manager Transportation added he had been advised by NZTA that their staff would be on call at all times. Ms Davison advised she would investigate and identify if the washout sites would be manned over the Christmas period.

RESOLVED:

THAT the NZTA Report – November 2018 be received.

Davis/Silcock CARRIED

6.3. BOPRC – Regional Road Safety Action Plan Update and Delivery as at 30 September 2018

Refer to pages 29-35 of the agenda.

RESOLVED:

THAT the BOPRC – Regional Road Safety Action Plan Update and Delivery Report as at 30 September 2018 be received.

Davis/Savage CARRIED

Attendance: M Davison left the meeting at 2:42 pm.

6.4. Heavy Motor Vehicle Improved Driving Habits Report

Refer to pages 36-37 of the agenda.

RESOLVED:

THAT the Heavy Motor Vehicle Improved Driving Habits Report be received.

Wylie/Silcock CARRIED

15 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 6.1 Minutes Eastern Bay Road Safety Committee 26 November 2018 (Cont.)

6.5. POLICE REPORT

Refer to page 38 of the agenda and pages 38a-b of the tabled items.

Sergeant Wylie spoke to his tabled report and reported that the Eastern Bay of Plenty Police had attended seven fatal crashes this calendar year and advised that in five of these crashes the drivers were not restrained and impairment was a factor in all but one. He said that provisional results showed overall crash numbers for the 2018 winter period (3 May to 3 October) had reduced by 33 crashes compared to the same period in 2017.

Sergeant Wylie reported the Police continued to focus on RIDS (Restraints, Impaired drivers, Distractions and Speed) and advised that multiple campaigns had be held at Landing Road Bridge and one at Ōhope Road, to target this behaviour.

A number of checkpoints were held throughout the district. The August checkpoint in Edgecumbe targeted safe vehicles and their occupants and Sergeant Wylie acknowledged the Bay of Plenty Regional Council for the TWIRL packs (tyre, windscreen wipers, mirrors, indicators, rust and lights) and tread depth gauges that were distributed at this checkpoint. September checkpoints at various locations in the district focused on school holiday road users and motorcycles and overall 109 notices were issued.

An Eastern Bay of Plenty wide child restraint campaign was held in October and involved the following road safety partners: EBOP Road Safety Group, REAP and Iwi partners. A number of concerns were identified including children not restrained, twisted and loose straps, and incorrect restraint sizes.

Sergeant Wylie said a number of infringements were issue during the November campaign targeting poor driver behaviour at the roundabouts on State Highway 30/Gateway Drive. He said there appeared to be some ignorance regarding blocking of intersections and had emailed NZTA regarding painting areas of the roundabouts where blocking occurred.

Sergeant Wylie concluded that planning had been completed for the summer period.

RESOLVED:

THAT the verbal Police Report be received.

Davis/Silcock CARRIED

The chairperson closed the meeting with a Karakia at 2:50 pm.

Confirmed this day of

CHAIRPERSON

16 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7 Reports

7 Reports 7.1 Eastern Bay Road Safety Activity Report 1 October to 31 December 2018

EASTERN BAY ROAD SAFETY ACTIVITY REPORT Subject: 1 OCTOBER TO 31 DECEMBER 2018 To: EASTERN BAY ROAD SAFETY COMMITTEE Meeting Date: MONDAY, 25 FEBRUARY 2019 Written by: COMMUNITY DEVELOPMENT ADVISOR File Reference: A1462828

1. REASON FOR THE REPORT

This report provides an update on the implementation of the Eastern Bay Road Safety Programme, including reporting against the activities undertaken for the second quarter of 2018/19 and those being carried out during the third quarter of 2018/19.

2. ROAD SAFETY ACTIVITY QUARTER 2 - 1 OCTOBER TO 31 DECEMBER 2018

Table One shows activities either completed or initiated for the period 1 October to 31 December 2018 and Table Two shows the Speed Indicator Device use.

2.1. Programme Activity 1 October to 31 December 2018

Activity List Description Lead agency Month Third quarter progress focus Young Drivers Community Eastbay REAP 2018-19 Meetings held with REAP and ODC Driver ODC about funding 2 cohorts of 30 Mentoring young people achieving their Programme restricted licence Speed Speed Indicator OPUS ongoing The Speed Indicator Device has Device been delivered as scheduled. See Table 2 below Regional Sharing of WDC Ongoing Meeting held on 22 November Road Safety programmes & LDC 2018 to discuss regional projects Coordinator identify TDC Meeting opportunities BOPRC to collaborate Restraints Car Restraint Police August Programme was delivered in Checks REAP Kaweru & Te Teko on 18 October Whakatōhea 2018 and Ōpōtiki & Whakatāne on Te Puna Ora 19 October 2018

17 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.1 Eastern Bay Road Safety Activity Report 1 October to 31 December 2018 (Cont.)

Activity List Description Lead agency Month Third quarter progress focus Distractions Mobile BOPRC Ongoing Working with MOSH Social Media telephones RLC company to design and implement TDC a pilot distraction campaign Fatigue Fatigue Stop Matatā Ongoing Discussions about the Fatigue Stop Bluelight on 1 January 2019 Cycling Safe Ways to Transport October - A Safe Ways to School student and School Project Ki Mua December whānau engagement programme 2018 was delivered through Whakatāne schools which included school audits, an online survey (and paper-based where requested), and a classroom based activity. This was followed up with a Principal’s hui led by John Lieswyr (Via Strada) to evaluate school-specific feedback from the engagement and explore future strategies to increase active travel to and from schools. A pool party was also held to celebrate top class participation rates amongst all the primary and intermediate schools. Project Whānau Whakatāne Ongoing A process for vulnerable whānau on Wheels Bluelight to be identified through a referral process was developed. Whānau BikeBarn can benefit from a either a new or recycled bicycle, helmet, lock and two hour BikeReady session in cycle skills

2.2. Programme Activity - more information 2.2.1. Protect Our Pepi Campaign

The Protect our Pepi programme was implemented across the Eastern Bay of Plenty in conjunction with Eastern Bay Road Safety, Police, Plunket, Te Pou Oranga o Whakatohea, Eastbay REAP, the Bay of Plenty Regional Council, and the Whakatāne, Ōpōtiki and Kawerau District Councils. Programmes were delivered in Kaweru & Te Teko on 18 October 2018 and Ōpōtiki & Whakatāne.

2.2.2. Repeat Drink/Drug Programme

The 2-day marae based programme for repeat drink and drug (recidivist) offenders is to be held 12-13 February 2019 offenders. 22 are currently on the list with Probations. Evaluations indicate that Tamati Paul, presenter hit by a drunk driver 20 years ago, and the visit to the funeral parlour has the most impact. This successful programme is a collaborative effort by Police, Corrections, EBRSP and NASH (Ngāti Awa) has taken on the programme coordination role.

18 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.1 Eastern Bay Road Safety Activity Report 1 October to 31 December 2018 (Cont.)

2.2.3. Regional Road Safety Expo

Working with Whakatāne Bluelight in the schools. Both staff will be attending this year to determine whether we continue this regionally or start something local

2.2.4. Cycling

Cycling is a relatively new area for the Road Safety Programme and planning programmes for the year relate to programmes, promotions and community events that will encourage more people cycling and improve cycle skills as well as contributing to Whakatāne District Council’s ‘Active Whakatāne’ Strategy Review. Engagement will be a significant component of these programmes to ensure community awareness and buy-in to increased alternative modes of transport. BikeReady is a core component of the cycling program. Funded by NZTA/ACC, and focussed on cycle skills training in schools.

2.2.5. Social Media – General

The Eastern Bay of Plenty Road Safety Programme’s social media presence has been maintained with key campaigns and great engagement over the Winter Pit Stops. With the Communications role still vacant, the Community Development Advisor is coordinating campaigns and promotions. Social media is being coordinated by Katee Shanks, an experienced journalist. Instagram is being used, where appropriate.

On Facebook currently there are 2,377 followers (171 increase since last report). Instagram has 99 followers.

2.3. Speed Indicator Device Use and Recommendation: 1 October to 31 December 2018

The Speed Indicator Device (SID) tool is owned and used by the Eastern Road Safety Programme as part of its speed management activity. SID is an electronic speed warning sign that measures, displays and records a vehicle’s speed when they approach the sign. SID is mounted to a trailer and is used to target high risk speed areas. Speed is identified as a high concern for the Ōpōtiki District and a medium concern for both Whakatāne and Kawerau Districts (and more recently as a high risk only in Ōpōtiki). Opus is engaged to analyse surveyed data and to undertake the setting out of SID over the past quarter, with assistance from Whakatāne, Kawerau and Ōpōtiki District Councils.

% vehicles > 10 km/h Period Mean Max 85%ile over speed Ending Location Speed Limit Speed Speed Speed limit 5/10/18 Bridget Street 50 48 79 54 2.5% 12/10/18 Eivers Road 50 43 78 49 0.3% 19/10/18 Souters Ave 50 35 62 43 0.08% 26/10/18 SH2, Waiotahe 100 97 124 103 0.22% 1/11/18 Hillcrest Road 50 58 93 67 39.5% 9/11/18 SH2, Bridge Street 50 50 92 57 8.01% 16/11/18 Hukutaia Road 50 46 79 73 4.3%

19 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.1 Eastern Bay Road Safety Activity Report 1 October to 31 December 2018 (Cont.)

23/11/18 SH2 (St John St) 50 51 107 59 11.04% 30/11/18 Woodlands Road 50 44 83 54 4.34% 7/12/18 SH35 (St John St) 50 49 83 56 5.55% 14/12/18 Muruwai Drive 50 38 59 46 0% 21/12/18 Wainui Road 100 87 123 95 0.02%

3. QUARTER THREE 2018-2019 ACTIVITY OVERVIEW

Activity to be delivered in Quarter Three January to March 2019 is summarised in the table below.

Programmes Promotions and Campaigns Alcohol and drugs

Community Driver Mentoring Programme agreement for Speed campaign two cohorts in Ōpōtiki/Coast February to May 2019 Summer Driving Cycle skills events in Murupara, Opotiki & Whakatāne Long Weekend ACC Bikeready Delivery in schools for 2019 is planned to Cycling start mid-February. Motorcyclists SASTA national committee meeting 20-21 February 2019 Regional Road Safety Coordinator meeting in March Active Whakatāne community engagement 6 February at Awatapu and 7 February at Mataatua Reserve Extensive Summer campaign Whānau on Wheels Programme final round Repeat drink/drug programme planning for February programme Further development on 2018-2019 Action Plan A mobile wallet with ‘get your hands off it’ is being created as part of a Distractions campaign

20 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.1 Eastern Bay Road Safety Activity Report 1 October to 31 December 2018 (Cont.)

4. FINANCIALS TO QUARTER TWO (TO 31 DECEMBER 2018)

There has been a period of catch-ups on invoicing. Additional resource if required for Safe Ways to School. Current surplus of $69,252

Actual YTD Budget YTD Variance Full year Comments 31/12/18 31/12/18 31/12/18 revised budget Income 335,141 217,205 117,936 421,413 Catch up on TIO Expenditure 265,597 216,913 (148,684) 431,962 Safe Ways to School not budgeted for

5. COMMUNICATION ACTIVITY

There is consistent communication activity happening for road safety in the Eastern Bay. A list of activity is attached as Appendix 1.

6. ROAD SAFETY OPERATIONS GROUP

The Operations Group meeting is scheduled for Monday 25 February 2019 at 11am.

RECOMMENDATION:

THAT the Eastern Bay Road Safety Activity Report 1 October to 31 December 2018 report be received.

Attachments to the report:

Appendix 1 – Communications Activity Report for Eastern Bay Road Safety Committee 1 October to 31 December 2018

Report Authorisation Report writer: Lorreen Hartley Community Development Advisor First Approval: Catherine Ball Manager Strategy & Community Development Final Approval: Julie Gardyne General Manager Strategy and Economic Development

21 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.1.1 Appendix 1 Communications Activity Report for EBRSC – 1 October to 31 December 2018

7.1.1 Appendix 1 Communications Activity Report for EBRSC – 1 October to 31 December 2018

1. Social Media

Date Theme Facebook Total reach Comments, Likes + post clicks

October Big Bike Check Up Event 8 + 37 50 2018 ProRider (motorcyclists) 5 + 41 686

November Launch of summer campaign competition 102 + 95 2954 2018 Carseat competition 136 + 1036 5529 Cycling map social 1 + 20 315 Summer campaign competition prize 228 + 565 1892

December Summer campaign competition prize 82 + 278 1247 2018 Bike Distraction video 4 + 284 1126

2. Other Communications Activity

Outlet Details Focus Date PRINT ACTIVITY Eastern Bay Life Alcohol & Drugs December 2018 Fatigue Distractions Plenty Project Whānau on Wheels October 2018 RADIO ACTIVITY 1XX & Sun FM Alcohol & Drugs December 2018 Fatigue Distractions

22 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.2 NZTA Report - February 2019

7.2 NZTA Report - February 2019

23 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.2 NZTA Report - February 2019 (Cont.)

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24 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.2 NZTA Report - February 2019 (Cont.)

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25 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.2 NZTA Report - February 2019 (Cont.)

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The month-long workplace Aotearoa Bike Challenge, takes place in February, encourages New Zealanders to hop on their bikes and log rides to be in to win some great prizes valued at more than $11,000.

The Challenge is part of the NZ Transport Agency’s commitment to encouraging people to get around by bike, especially in areas where there are connected cycling networks as part of a wider transport system.

Participating in the Challenge is easy, you only need to ride 10 minutes to participate.

Sign up at www.aotearoa.bike

Feel more, ride more

The ‘Feel more, ride more’ advertising campaign was run again this month as part of the NZ Transport Agency’s cycling programme. The campaign aims to motivate recreational riders who enjoy the ‘feel good’ factor to experience these good feelings more often, by riding their bike more frequently for everyday trips.

The Transport Agency wants to encourage and motivate riders to use their bikes more often for this purpose.

https://www.nzta.govt.nz/safety/our-advertising/our-current-advertising/cycling-advertising/feel-more- ride-more/

26 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.3 Whakatāne District Council Road Safety Report

7.3 Whakatāne District Council Road Safety Report

Subject: Whakatāne Road Safety Report

To: Eastern Bay of Plenty Road Safety Committee

Meeting Date: 25 February 2019

Written by: Manager Transportation, Whakatāne DC

File Reference: A1472282

1. REASON FOR THE REPORT

To update the Eastern Bay of Plenty Road Safety Committee on road safety matters within the Whakatane District

2. GENERAL

2.1. TAIC Report on Road/Rail Fatality – Lambert Road

The Transport Accident Investigation Commission (TAIC) has published its final report following their investigation into the fatal crash on Lambert Road in October 2017, when a Waste Management truck was struck by a train.

2.1.1. Executive Summary from TAIC Report

Shortly before midday on Friday 6 October 2017, a Waste Management NZ Limited truck was servicing domestic waste bins along the no-exit Lambert Road, near Kawerau. There was a railway level crossing where the Murupara Branch railway line crossed Lambert Road. The level crossing was protected by stop signs, which required all road users to stop and look for trains before proceeding over the crossing.

The truck had reached the end of Lambert Road and turned around, and was stopping periodically to service bins on the other side of the road. When the truck entered the level crossing, it was struck by an empty log train that was travelling from Kawerau towards Murupara.

The train struck the left side of the truck at a speed of about 63 kilometres per hour. The truck driver was thrown clear of the truck and was fatally injured. The truck was significantly damaged.

The Transport Accident Investigation Commission (Commission) found that it was very likely the truck did not stop and was travelling at about 48 kilometres per hour as it entered the level crossing. There were no technical issues found with the truck that could have contributed to the accident.

The Commission found no issues with the manner in which the train was being driven that could have contributed to the accident, and the level crossing was well signposted in accordance with the required rail and road standards.

Notwithstanding the likelihood that the truck did not stop, the Commission found that even if it had, the driver would not have had sufficient view lines for the truck to clear the level crossing from a stop if a train had been just out of view.

27 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.3 Whakatāne District Council Road Safety Report (Cont.)

The Commission also found that the legislation needs to be clearer on the allocation of responsibility between licensed rail access providers and road controlling authorities for ensuring the safety of rail users and road users at public road level crossings.

The Commission identified two safety issues:

The legislation is not clear on the allocation of responsibility between licensed rail access providers and road controlling authorities for ensuring the safety of road and rail users at public road level crossings Sight distances for road users at level crossings are one of the factors used to determine the appropriate level of protection required, yet the growth in vegetation around railway level crossings can change sighting distances in a relatively short time and render the level crossings unsafe.

The Commission made two recommendations to the Chief Executive of the NZ Transport Agency, one recommendation to the Chief Executive of KiwiRail Holdings Limited and one recommendation to the Chief Executive of Local Government New Zealand to address these issues.

The key lessons identified arising from the inquiry into this occurrence are:

road users must always approach railway level crossings with extreme care, particularly those level crossings that have passive protection only in the form of Give Way or Stop signage wearing seatbelts will increase the chances of people surviving accidents.

2.1.2. Comments

In their report the Commission identified that the local authority (WDC) is responsible for the signs and marking leading up to a rail crossing point and the rail authority is responsible for the signs at the crossing, which is in accordance with the Land Transport Rule: Traffic Control devices 2006, and part 9 of the NZTA Traffic Control Devices Manual (TCDC Pt 9).

The report noted that these signs and markings were all compliant at the time of the accident.

The investigation also noted that ‘New Zealand legislation was unclear on the responsibilities of licensed rail access providers and road controlling authorities for ensuring the safety of road and rail users at public road level crossings.’

However Appendix E of TCDC Pt 9 clearly states who is responsible, as the excerpt below shows;

28 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.3 Whakatāne District Council Road Safety Report (Cont.)

In this situation the road corridor was clear of vegetation, and the rail corridor was reasonably clear, but the vegetation that obscured the crash victim was located in the adjacent private property.

The issue is that whilst the TCDC suggests the landowner is responsible for the vegetation it its property, it is difficult to expect a landowner to have to assess whether their vegetation is meeting the technical specifications for sight distance without input from the rail corridor owner or perhaps the road controlling authority. This is where the lack of clarity currently lies.

For this reason the TAIC made its recommendations focused on the long term need to clarify the legislation on responsibility for sight lines in the rail corridor; and the short term need for licensed rail access providers and road controlling authorities to work together to ensure good sight lines at level crossings.

Since the accident Kiwirail has jointly assessed all rail crossings across Council roads and State Highways, jointly with Council and NZTA staff, and as a result all parties are satisfied that there is no similar risk at any other crossings.

Whakatāne District Council will continue to work together with Kiwirail to jointly manage these crossings as recommended by TAIC.

2.2. Safe Roads Alliance Update

The Road Safety Alliance project for safety improvements along the route between Ōhope and Ōpōtiki is progressing. The Business Case has been completed and is with NZTA for assessment and funding approval. It may be helpful if the Road safety Committee were to provide a letter to NZTA in support of the Safe Roads Alliance project.

The project has identified a total of $33M in safety improvements, including one project on the Ōpōtiki DC section of Wainui Rd ($1.07M), and six sites on the Whakatāne DC section of Wainui rd ($6.05M). If approved, the improvements on the state highway will be undertaken through the State highway programme, but the Wainui Road projects will need to be undertaken within each respective councils local roads programme. To enable NZTA to fund the local road projects a variation to the Regional Land Transport plan is required. This variation is currently being progressed through the Regional Transport Committee.

2.3. WDC Road Safety Improvements Programme

The following projects are included in Whakatāne Dc’s 2018-19 road safety improvements programme

Project name Description Cost Proposed Estimate Start Simpkins Street Road Widen to accommodate two traffic $356,000 Mar 2019 Widening lanes and parking both sides of the road Harbour Rd / Port Ohope Intersection improvements associated $120,000 Sep 2018 Intersection improvements with the Port Ōhope upgrade Black Road / Galatea Rd Provision of a right turn bay and various $200,000 Mar 2019 Intersection Improvements sight line improvements SH2 / Waimana Rd West Improving intersection definition with $50,000 Jan 2019 Intersection kerb and channel

29 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.3.1 Appendix 1 - TAIC Report on Road/Rail Fatality - Lambert Road

Contribution to Horizon Power undergrounding between James $60,000 Feb 2019 Energy’s Power Street between King St and Hinemoa St Undergrounding programme Fire Station Red Light Traffic Installation of Red Light Traffic Signals $80,000 Mar 2019 Signals for Whakatāne Fire station Stock Underpass Contribution to two stock underpasses, $60000 May 2019 Contributions one on Troutbeck Rd and one on Te Rahu Rd Wainui Rd School Bus Bays Installation of bus pull-over bays at $40,000 Apr 2019 school bust stop sites Ōhope Pedestrian Crossings Installation of new pedestrian crossings $180,000 Apr 2019 on Pohutukawa Ave and Harbour Rd Murupara School crossings Active Warning Signs and crossing $60,000 Apr 2019 improvements

RECOMMENDATIONS:

1. THAT the Whakatāne Road Safety Report be received; and 2. THAT the appended Transport Accident Investigation Commission Report on the Lambert Road road/rail crash be received; and 3. THAT the Eastern Bay of Plenty Road Safety Committee provide a letter to the NZ Transport Agency, advising its full support for the proposed safety improvements along the route between Ōhope and Ōpōtiki, as identified and recommended by the Safe Roads Alliance

Attached to this report:

Appendix 1: TAIC Report on Road/Rail fatality – Lambert Road

Report Authorisation

Report writer: Martin Taylor Manager Transportation Final Approval: Martin Taylor Manager Transportation

7.3.1 Appendix 1 - TAIC Report on Road/Rail Fatality - Lambert Road

30 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.3.1 Appendix 1 - TAIC Report on Road/Rail Fatality - Lambert Road (Cont.)

The Transport Accident Investigation Commission is an independent Crown entity established to determine the circumstances and causes of accidents and incidents with a view to avoiding similar occurrences in the future. Accordingly it is inappropriate that reports should be used to assign fault or blame or determine liability, since neither the investigation nor the reporting process has been undertaken for that purpose.

The Commission may make recommendations to improve transport safety. The cost of implementing any recommendation must always be balanced against its benefits. Such analysis is a matter for the regulator and the industry.

These reports may be reprinted in whole or in part without charge, providing acknowledgement is made to the Transport Accident Investigation Commission.

31 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.3.1 Appendix 1 - TAIC Report on Road/Rail Fatality - Lambert Road (Cont.)

Final Report Rail inquiry RO-2017-105 Collision between freight Train 353 and heavy motor vehicle Lambert Road level crossing, near Kawerau

6 October 2017

Approved for publication: December 2018

32 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.3.1 Appendix 1 - TAIC Report on Road/Rail Fatality - Lambert Road (Cont.)

Transport Accident Investigation Commission

About the Transport Accident Investigation Commission

The Transport Accident Investigation Commission (Commission) is a standing commission of inquiry and an independent Crown entity responsible for inquiring into maritime, aviation and rail accidents and incidents for New Zealand, and co-ordinating and co-operating with other accident investigation organisations overseas. The principal purpose of its inquiries is to determine the circumstances and causes of occurrences with a view to avoiding similar occurrences in the future. Its purpose is not to ascribe blame to any person or agency or to pursue (or to assist an agency to pursue) criminal, civil or regulatory action against a person or agency. The Commission carries out its purpose by informing members of the transport sector and the public, both domestically and internationally, of the lessons that can be learnt from transport accidents and incidents.

Commissioners

Chief Commissioner Jane Meares

Deputy Chief Commissioner Peter McKenzie, QC (until 31 October 2018)

Deputy Chief Commissioner Stephen Davies Howard

Commissioner Richard Marchant

Commissioner Paula Rose, QSO

Key Commission personnel

Chief Executive Lois Hutchinson

Chief Investigator of Accidents Captain Tim Burfoot

Investigator in Charge Peter Miskell

General Counsel Cathryn Bridge

Email [email protected]

Web www.taic.org.nz

Telephone + 64 4 473 3112 (24 hrs) or 0800 188 926

Fax + 64 4 499 1510

Address Level 16, 80 The Terrace, PO Box 10 323, Wellington 6143, New Zealand

33 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.3.1 Appendix 1 - TAIC Report on Road/Rail Fatality - Lambert Road (Cont.)

Important notes

Nature of the final report

This final report has not been prepared for the purpose of supporting any criminal, civil or regulatory action against any person or agency. The Transport Accident Investigation Commission Act 1990 makes this final report inadmissible as evidence in any proceedings with the exception of a Coroner’s inquest.

Ownership of report

This report remains the intellectual property of the Transport Accident Investigation Commission.

This report may be reprinted in whole or in part without charge, provided that acknowledgement is made to the Transport Accident Investigation Commission.

Citations and referencing

Information derived from interviews during the Commission’s inquiry into the occurrence is not cited in this final report. Documents that would normally be accessible to industry participants only and not discoverable under the Official Information Act 1982 have been referenced as footnotes only. Other documents referred to during the Commission’s inquiry that are publicly available are cited.

Photographs, diagrams, pictures

Unless otherwise specified, photographs, diagrams and pictures included in this final report are provided by, and owned by, the Commission.

Verbal probability expressions

The expressions listed in the following table are used in this report to describe the degree of probability (or likelihood) that an event happened or a condition existed in support of a hypothesis.

Terminology Likelihood of the Equivalent terms occurrence/outcome (Adopted from the Intergovernmental Panel on Climate Change)

Virtually certain > 99% probability of occurrence Almost certain

Very likely > 90% probability Highly likely, very probable

Likely > 66% probability Probable

About as likely as not 33% to 66% probability More or less likely

Unlikely < 33% probability Improbable

Very unlikely < 10% probability Highly unlikely

Exceptionally unlikely < 1% probability

34 .. pedx1-TI eoto odRi aaiy-LmetRa (Cont.) Road Lambert - Fatality Road/Rail on Report TAIC - 1 Appendix 7.3.1 AGENDA - Committee Safety Road Bay Eastern COUNCIL DISTRICT WHAKATĀNE

ODY 5FBUR 2019 FEBRUARY 25 MONDAY,

Location of accident 35 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.3.1 Appendix 1 - TAIC Report on Road/Rail Fatality - Lambert Road (Cont.)

Contents

Abbreviations ...... ii Glossary ...... iii Data summary ...... iv 1. Executive summary ...... 1 2. Conduct of the inquiry ...... 2 3. Factual information ...... 3 3.1. Narrative ...... 3 3.2. Road and level crossing information ...... 5 3.3. The truck ...... 7 3.4. Rail operating information ...... 8 3.5. Personnel ...... 9 The driver of the train ...... 9 The driver of the truck ...... 9 4. Analysis ...... 11 4.1. Introduction ...... 11 4.2. What happened ...... 11 4.3. Survivability ...... 14 4.4. Sighting distance at the level crossing ...... 14 4.5. Responsibility for maintaining sighting distances at public road level crossings ...... 17 5. Findings ...... 18 6. Safety issue ...... 19 7. Safety actions ...... 20 General ...... 20 Safety actions addressing safety issues identified during an inquiry ...... 20 Safety actions taken to address other safety issues ...... 20 8. Recommendations ...... 21 General ...... 21 Recommendations made to the NZ Transport Agency ...... 21 Recommendation made to KiwiRail ...... 22 Recommendation made to Local Government New Zealand ...... 22 Notice of recommendations to the Secretary for Transport ...... 22 Notice of recommendations to Local Government New Zealand ...... 22 Notice of recommendations to the NZ Transport Agency ...... 23 9. Key lessons ...... 24 Appendix 1: NZ Transport Agency’s Traffic Control Devices Manual, Part 9, Level crossings, Appendix B – Sight distances at level crossings ...... 25

36 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.3.1 Appendix 1 - TAIC Report on Road/Rail Fatality - Lambert Road (Cont.)

37 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.3.1 Appendix 1 - TAIC Report on Road/Rail Fatality - Lambert Road (Cont.)

Figures

Figure 1 The location of Lambert Road ...... 3 Figure 2 The damaged truck ...... 4 Figure 3 The STOP sign assembly for the northbound approach to the Lambert Road level crossing 5 Figure 4 The warning sign for the northbound approach to the Lambert Road level crossing ...... 6 Figure 5 The warning sign and road markings for the northbound approach to the Lambert Road level crossing...... 6 Figure 6 The road markings for the northbound approach to the Lambert Road level crossing ...... 7 Figure 7 A Hino 500 heavy motor vehicle configured similar to the accident truck ...... 8 Figure 8 Diagram showing truck stopping times on Lambert Road ...... 12 Figure 9 The truck instrument panel after the collision ...... 13 Figure 10 The view looking east towards Kawerau when stopped at the yellow limit line ...... 16 Figure 11 The view from a truck looking towards Kawerau after the vegetation was cleared ...... 16

Final Report RO-2017-105 | Page i

38 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.3.1 Appendix 1 - TAIC Report on Road/Rail Fatality - Lambert Road (Cont.)

Abbreviations

ALCAM Australian Level Crossing Assessment Model

Commission Transport Accident Investigation Commission

Council Whakatāne District Council

KiwiRail KiwiRail Holdings Limited

the level crossing Lambert Road public road level crossing

the Manual the NZ Transport Agency’s Traffic Control Devices Manual, Part 9, Level crossings, second edition, amendment 1, effective December 2012

the truck Hino 500 series heavy motor vehicle

Waste Management Waste Management NZ Limited

Page ii | Final Report RO-2017-105

39 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.3.1 Appendix 1 - TAIC Report on Road/Rail Fatality - Lambert Road (Cont.)

Glossary

e-ruc system a management tool that records the times and locations of vehicle events, such as when a vehicle’s ignition is turned on and off, the vehicle enters and/or exits a geo-fenced site, the vehicle turns or the vehicle is stopped, and the vehicle’s speed and global positioning system (GPS) location, at predetermined time intervals. The system determines that the vehicle has stopped when its speed falls to less than four kilometres per hour

passive controls signs that control the movements of vehicles across a railway level crossing, requiring road users to comply with those signs and detect approaching trains by direct observation

sighting distance the minimum distance to an approaching train from the centre of a level crossing, when a road vehicle driver must first see an approaching train in order to clear the level crossing safely ahead of that train

Final Report RO-2017-105 | Page iii

40 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.3.1 Appendix 1 - TAIC Report on Road/Rail Fatality - Lambert Road (Cont.)

Data summary

Vehicle particulars

Train type and number: freight Train 353 consisting of a DL-class locomotive hauling 29 empty log-carrying wagons

Train length: 433 metres

Train weight: 572 tonnes (including the locomotive)

Train operator: KiwiRail Holdings Limited

Heavy motor vehicle: Hino 500 series heavy motor vehicle converted to service waste wheelie bins (first registered 19 August 2016)

Vehicle operator: Waste Management NZ Limited

Licensed rail access KiwiRail Holdings Limited provider:

Date and time 6 October 2017 at about 11311

Lambert Road, near Kawerau, 3.42 kilometres2 Murupara Location Branch line

Persons involved two: the train driver and the heavy motor vehicle driver

Injuries one: heavy motor vehicle driver (fatal)

Damage moderate to the locomotive, extensive to the heavy motor vehicle

1 Times in this report are New Zealand Daylight Savings Times (universal co-ordinated time + 13 hours) and are expressed in the 24-hour mode. 2 The location of the level crossing is the distance from a reference point at Kawerau.

Page iv | Final Report RO-2017-105

41 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.3.1 Appendix 1 - TAIC Report on Road/Rail Fatality - Lambert Road (Cont.)

1. Executive summary

1.1. Shortly before midday on Friday 6 October 2017, a Waste Management NZ Limited truck was servicing domestic waste bins along the no-exit Lambert Road, near Kawerau. There was a railway level crossing where the Murupara Branch railway line crossed Lambert Road. The level crossing was protected by stop signs, which required all road users to stop and look for trains before proceeding over the crossing.

1.2. The truck had reached the end of Lambert Road and turned around, and was stopping periodically to service bins on the other side of the road. When the truck entered the level crossing it was struck by an empty log train that was travelling from Kawerau towards Murupara.

1.3. The train struck the left side of the truck at a speed of about 63 kilometres per hour. The truck driver was thrown clear of the truck and was fatally injured. The truck was significantly damaged.

1.4. The Transport Accident Investigation Commission (Commission) found that it was very likely the truck did not stop and was travelling at about 48 kilometres per hour as it entered the level crossing. There were no technical issues found with the truck that could have contributed to the accident.

1.5. The Commission found no issues with the manner in which the train was being driven that could have contributed to the accident, and the level crossing was well signposted in accordance with the required rail and road standards.

1.6. Notwithstanding the likelihood that the truck did not stop, the Commission found that even if it had, the driver would not have had sufficient view lines for the truck to clear the level crossing from a stop if a train had been just out of view.

1.7. The Commission also found that the legislation needs to be clearer on the allocation of responsibility between licensed rail access providers and road controlling authorities for ensuring the safety of rail users and road users at public road level crossings.

1.8. The Commission identified two safety issues:  the legislation is not clear on the allocation of responsibility between licensed rail access providers and road controlling authorities for ensuring the safety of road and rail users at public road level crossings  sighting distances for road users at level crossings are one of the factors used to determine the appropriate level of protection required, yet the growth in vegetation around railway level crossings can change sighting distances3 in a relatively short time and render the level crossings unsafe.

1.9. The Commission made two recommendations to the Chief Executive of the NZ Transport Agency, one recommendation to the Chief Executive of KiwiRail Holdings Limited and one recommendation to the Chief Executive of Local Government New Zealand to address these issues.

1.10. The key lessons identified arising from the inquiry into this occurrence are:  road users must always approach railway level crossings with extreme care, particularly those level crossings that have passive protection only in the form of Give Way or Stop signage  wearing seatbelts will increase the chances of people surviving accidents.

3 The sighting distance is the minimum distance to an approaching train from the centre of a level crossing, when a road vehicle driver must first see an approaching train in order to clear the level crossing safely ahead of that train.

Final Report RO-2017-105 | Page 1

42 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.3.1 Appendix 1 - TAIC Report on Road/Rail Fatality - Lambert Road (Cont.)

2. Conduct of the inquiry

2.1. The accident occurred at 1131 on Friday 6 October 2017. The NZ Transport Agency notified the Transport Accident Investigation Commission (Commission) soon after the accident occurred. The Commission opened an inquiry under section 13(1) of the Transport Accident Investigation Commission Act 1990, and appointed an investigator in charge.

2.2. Commission investigators liaised with on-site personnel from the New Zealand Police Serious Crash Unit to ensure that volatile evidence was photographed and recorded. The Commission investigators travelled to the Lambert Road public road level crossing (the level crossing) on Tuesday 10 October to conduct a site examination.

2.3. The Commission’s investigators interviewed a New Zealand Police Serious Crash Unit investigator, the next of kin of the driver of the Hino 500 series heavy motor vehicle (the truck), Waste Management NZ Limited (Waste Management) personnel, the driver of the train, the resident who made the first phone call to the emergency services, and an engineer from the road controlling authority, Whakatāne District Council (Council).

2.4. The Commission engaged an authorised crash vehicle inspector from Vehicle Testing New Zealand Limited to assist with the examination of the truck wreckage.

2.5. The Commission obtained the following records and documents for analysis:  the data downloaded from the train’s event recorder  the train control diagram  the train controller’s voice recordings  the train driver’s training records and timesheets  the data downloaded from the truck’s management system  the truck driver’s training records, safety observation reports and results of random drug and alcohol tests  the level crossing site survey data.

2.6. On 18 July 2018 the Commissioners considered the draft report and approved it to be sent to interested persons for consultation.

2.7. Four written submissions were received. As a result of those submissions further investigation work was undertaken.

2.8. On 24 October 2018 the Commission approved a revised draft report for consultation with four interested persons.

2.9. Three written submissions were received. The Commission considered the submissions, and changes as a result of those submissions have been included in the final report.

2.10. On 12 December 2018 the Commission approved the final report for publication.

Page 2 | Final Report RO-2017-105

43 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.3.1 Appendix 1 - TAIC Report on Road/Rail Fatality - Lambert Road (Cont.)

3. Factual information

3.1. Narrative 3.1.1. On Friday 6 October 2017, the truck was servicing roadside ‘wheelie’ bins in the Kawerau area. At 11234 the truck turned left from State Highway 34 to Lambert Road (see Figure 1). The truck had been set up as a dual-control vehicle5. The driver was operating the truck from the left-hand controls (the kerb side of the vehicle).

Figure 1 The location of Lambert Road

4 Vehicle times were taken from a download of the truck’s global positioning system-based road-user-charge system that recorded speed against time and recorded when the truck stopped (slowed to less than four kilometres per hour). 5 A vehicle that can be driven from either side of the driving cab – the left side when servicing roadside waste bins.

Final Report RO-2017-105 | Page 3

44 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.3.1 Appendix 1 - TAIC Report on Road/Rail Fatality - Lambert Road (Cont.)

3.1.2. The truck stopped twice to service bins before it passed over the level crossing in a southbound direction at about 1125. The level crossing was where the Murupara Branch railway line crossed Lambert Road and was protected by ‘passive’ compulsory stop signs. The truck did not stop at the level crossing.

3.1.3. The truck continued southbound, servicing the bins along Lambert Road. It turned at the end of the road and travelled back towards the state highway, servicing bins on the other side of the road.

3.1.4. It was daylight but the was sky was overcast and light drizzle was falling.

3.1.5. The truck stopped at five more locations to service bins, the last of which was 126 metres before reaching the level crossing. The last recorded stop was at 1131:02.

3.1.6. Meanwhile a freight train, comprising a single locomotive hauling empty log wagons, had departed from Kawerau travelling towards Murupara and was approaching the level crossing.

3.1.7. At 1131:256, when the train was about 140 metres from the level crossing, the driver sounded the train whistle as a standard warning to road users.

3.1.8. The first time the train driver saw the truck was when it appeared close in front of the train travelling from right to left. The train was travelling at about 63 kilometres per hour when it struck the left-hand door of the truck at 1131:33, rotating it nearly 270 degrees and rolling it onto its left-hand side (see Figure 2). The truck driver was ejected from the driving position and was fatally injured.

3.1.9. The front of the train was 323 metres past the level crossing when it stopped. The locomotive and the wagons stayed on the track.

Figure 2 The damaged truck (photograph provided by New Zealand Police)

6 Train times were taken from the download data of the train’s event recorder system.

Page 4 | Final Report RO-2017-105

45 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.3.1 Appendix 1 - TAIC Report on Road/Rail Fatality - Lambert Road (Cont.)

3.2. Road and level crossing information 3.2.1. Lambert Road was a sealed, two-way, no-exit public road providing access to 16 properties. The road was 1,329 metres long7, running in a southerly direction from the state highway. The northbound approach to the level crossing8 was straight for about 900 metres. The road was 5.5 metres wide at the level crossing. A December 2013 road survey carried out by the Council reported 36 vehicles per day passing over the level crossing.

3.2.2. Lambert Road had no posted speed limits. The Council confirmed that the maximum authorised road speed was 100 kilometres per hour.

3.2.3. The Lambert Road level crossing was protected with passive controls9 in accordance with the NZ Transport Agency’s Traffic Control Devices Manual, Part 9, Level crossings, second edition, amendment 1, effective December 201210 (the Manual).

3.2.4. KiwiRail Holdings Limited (KiwiRail) was the licensed rail access provider and was responsible for all signage within the rail corridor. Signage was located on the left-hand side of the crossing in the direction the truck was travelling at the time. It was the standard pole- mounted STOP assembly consisting of a crossbuck ‘RAILWAY CROSSING’ mounted above a ‘STOP’ sign, and the optional ‘LOOK FOR TRAINS’ sign (see Figure 3). The signage was in good condition.

Figure 3 The STOP sign assembly for the northbound approach to the Lambert Road level crossing

3.2.5. The Council was responsible for installing and maintaining signage in advance of a level crossing. A ‘Level Crossing Ahead’ warning sign in the form of a symbolised steam locomotive was installed on the left-hand side of the road on the northbound approach, 174 metres back from the level crossing (see Figure 4).

7 The information was provided by Whakatāne District Council. 8 The direction in which the truck was travelling when it was struck. 9 Signs that control the movements of vehicles across a railway level crossing, requiring road users to comply with those signs and detect approaching trains by direct observation. 10 Traffic Control Devices Manual, Part 9, Level crossings, second edition, amendment 1, effective from December 2012.

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Figure 4 The warning sign for the northbound approach to the Lambert Road level crossing

3.2.6. An advisory sign was positioned on the left-hand side of the road, a few metres past where the truck last stopped to service a waste bin. The sign advised that a compulsory stop sign was 120 metres ahead (see Figure 5). The sign assembly was positioned correctly and was in good condition.

Figure 5 The warning sign and road markings for the northbound approach to the Lambert Road level crossing (photograph provided by New Zealand Police)

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3.2.7. The Manual required the Council to install and maintain the road markings. When approaching the level crossing northbound, the word ‘RAIL’ and the letter ‘X’ were painted on the road before and after the railway level crossing warning sign (see Figure 5). The road markings at the level crossing included a yellow limit line, a centreline and the word STOP (see Figure 6).

3.2.8. The yellow line was 4.3 metres from the nearest rail when measured along the road centreline. The Manual required the limit line to be not less than 2.4 metres from the nearest rail.

3.2.9. Records provided by the Council showed that there had been a non-injury accident in 2010. A car had stopped too close to the rail tracks and had been clipped by a passing train.

Figure 6 The road markings for the northbound approach to the Lambert Road level crossing

3.3. The truck 3.3.1. The truck was a special-purpose, dual-steering, automatic Hino 500 series vehicle that had been converted for the purpose of emptying bins. It was fitted with a large container on the rear and a hydraulic arm on the left side of the truck behind the cab (see Figure 7). The truck had a single steering axle at the front and two axles at the rear. Records showed that the most recent certificate of fitness inspection had been carried out on 17 August 2017, and that the certificate was due to expire on 22 February 2018. The truck had undergone three certificate of fitness inspections since first entering service.

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Figure 7 A Hino 500 heavy motor vehicle configured similar to the accident truck (photograph provided by New Zealand Police)

3.3.2. The truck was subjected to a regular maintenance regime. An ‘A’ maintenance service was required every 150 hours or 5,000 kilometres and a ‘B’ maintenance service every 300 hours or 10,000 kilometres. A comprehensive brake check was carried out during the ‘B’ service because of the frequent stop/start activity that the truck performed. The maintenance services were contracted out to a third party.

3.3.3. The most recent ‘A’ service had been carried out on 19 August 2017 with 28,823 kilometres recorded on the odometer. The most recent ‘B’ maintenance service had been carried out on 16 September 2017, 20 days before the accident. The truck had travelled 2,733 kilometres between service checks and accumulated 190 engine running hours. There was nothing of significance recorded on the most recent ‘B’ maintenance service sheet.

3.3.4. A post-accident examination was conducted of the truck11. The examination confirmed that the dual control was in the left-hand-drive position. There was no evidence of pre-existing mechanical faults on the truck.

3.4. Rail operating information 3.4.1. The movements of rail vehicles and track access on the 58-kilometre-long Murupara Branch line were managed from the National Train Control Centre in Wellington using a track warrant control operating system. A train could not enter any part of the main line without the driver holding the authority of a track warrant. In this case the train driver held a valid track warrant to occupy the section of track that crossed the Lambert Road level crossing.

3.4.2. The train operating schedule allowed for 12 planned freight train movements per day on the Murupara Branch line: six return movements between Kawerau and Murupara. The trains conveyed empty log wagons from Kawerau and returned loaded with logs. The number of daily train movements varied depending on commercial requirements. On average there were eight train movements per day. The trains did not operate to a strict timetable.

11 The Commission engaged an authorised crash vehicle inspector from Vehicle Testing New Zealand to assist with conducting the examination.

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3.4.3. Freight trains operating on the Murupara Branch line were restricted to a maximum authorised line speed of 65 kilometres per hour.

3.5. Personnel

The driver of the train

3.5.1. The Kawerau-based train driver’s certification was current. The train driver had 43 years’ driving experience and had worked out of the Kawerau depot for the previous 39 years.

3.5.2. The driver had worked three shifts from 0315 to 1035 on consecutive days starting on Saturday 30 September and finishing on Monday 2 October. The driver had been rostered off duty on Tuesday 3 October and Wednesday 4 October and was on annual leave on Thursday 5 October. The train driver started work at 0705 on Friday 6 October 2017. At the time of the accident the train driver was on their second and final return trip between Kawerau and Murupara.

3.5.3. The train driver was not asked to submit to post-incident drug and alcohol testing. Clause 3.2.2 of KiwiRail’s Drug and Alcohol Policy stated in part: Employees will not be tested after

level crossing and trespass fatalities.

3.5.4. KiwiRail advised that the train driver was not tested because of the right-of-way provisions contained in section 80 of the Railways Act 2005, which stated in part: 80 Rail vehicles have right of way

(a) the train driver is entitled to assume, for the purposes of determining at which it is reasonable for [their] rail vehicle to travel past a level crossing… that all persons, animals, and vehicles not using the railway line will keep clear of the railway line.

The driver of the truck

3.5.5. The driver of the truck had been employed by Waste Management, Whakatāne, since 2012.

3.5.6. The truck driver held a current driver licence with endorsement for classes 1F, 2F and 4F, appropriate for the truck being driven. The class 4 endorsement allowed a driver to operate a rigid vehicle with a gross laden weight in excess of 18,000 kilograms. The vehicle had a gross mass of 22,000 kilograms.

3.5.7. The driver of the truck was familiar with the route, having last driven it on Friday 22 September 2017. The driver had been on annual leave from Wednesday 26 September until Tuesday 3 October inclusive, followed by one day of sick leave before returning to work at 0700 on Thursday 5 October 2017. The driver’s logbook showed the work period finished at 1730 that day.

3.5.8. The truck driver did not make an entry in the logbook on 6 October 2017. The vehicle trip recorder showed that the truck exited the depot at 0710:59.

3.5.9. There was no activity on the truck driver’s mobile phone at the time of the collision. Toxicological samples were obtained and tested. There was no evidence of alcohol or performance-impairing substances in the driver’s system.

3.5.10. Waste Management had a policy of conducting random drug and alcohol tests of at least 10% of its staff every month. The truck driver had been tested nine times while employed by Waste Management and had always returned a zero reading for alcohol and negative results for performance-impairing substances.

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3.5.11. The driver had undergone three in-cab driving assessments while working for Waste Management. On 13 January 2015 the assessor had identified two critical errors, one of which related to not stopping at a compulsory stop sign. The assessor had stated in part: … (did not come to a complete stop) at compulsory stop sign when turning left from McGarvey Road onto Peace Road.

3.5.12. The most recent driver assessment had been carried out on 26 October 2016. No critical operational or driving errors had been identified and the assessor’s comments had been positive.

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4. Analysis

4.1. Introduction 4.1.1. The data from the train’s event recorder confirmed that the train driver had the train complying with all applicable rail system requirements as it approached the level crossing, including the authorised line speed.

4.1.2. An examination of the truck following the accident did not identify any pre-existing mechanical fault that could have contributed to the accident. However, the extent of the damage to the truck meant that the possibility could not be excluded.

4.1.3. The Commission concluded that it was very likely that the truck did not stop before proceeding over the level crossing. However, even if it had done so, there would have been an insufficient sighting distance available to the driver to clear the level crossing had the train been just out of view. This conclusion and safety issue are discussed in more detail in the following analysis.

4.2. What happened 4.2.1. Data downloaded from the truck’s global positioning system (GPS)-based road-user-charge system (e-ruc)12 showed that the truck entered Lambert Road from the state highway at 1123:44 and travelled southbound, stopping periodically to service waste bins.

4.2.2. Figure 8 shows the locations at which the truck’s speed dropped to less than four kilometres per hour (recorded as the truck having stopped). Each of these stoppages corresponded to an address where a waste bin had been positioned on the roadside. The data showed that the truck stopped to service bins either side of the level crossing, but did not stop at the level crossing, which was protected by a compulsory stop sign.

4.2.3. The truck continued south to the end of Lambert Road, turned around and proceeded northbound, stopping to service bins positioned on the other side of the road. The last recorded stop was made at 1131:02, when the truck was 126 metres from the level crossing.

12 A management tool that records the times and locations of vehicle events. such as when a vehicle’s ignition is turned on and off, the vehicle enters and/or exits a geo-fenced site, the vehicle turns or the vehicle is stopped, and the vehicle’s speed and GPS location, at predetermined time intervals. The system determines that the vehicle has stopped when its speed falls to less than four kilometres per hour.

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Figure 8 Diagram showing truck stopping times on Lambert Road (underlying imagery courtesy of Land Information New Zealand13)

13 Bay of Plenty 0.25 metre Rural Aerial Photos 2011-2012.

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4.2.4. The train and the truck collided at 1131:33 according to the train event recorder, about 31 seconds after the truck had last stopped14. The post-accident examination of the truck instrument panel identified that the speedometer had ‘captured’ the speed at about 48 kilometres per hour and the tachometer similarly ‘captured’ the revs at 1,700 revolutions per minute (see Figure 9). The speed and rev counter readings were likely to have been the readings when power was lost to the instrument panel as a result of the collision. Therefore, the truck was likely to have been travelling at close to 48 kilometres per hour at the time of impact.

Figure 9 The truck instrument panel after the collision (photograph courtesy of New Zealand Police)

4.2.5. The data downloaded from the train’s event recorder showed that it was travelling at about 63 kilometres per hour when the train driver sounded the locomotive whistle at 1131:25, warning road users of the train’s approach. The train was about 141 metres from the level crossing when the driver activated the whistle.

4.2.6. The driver of the train said that the truck was first seen when it was just about to enter the level crossing directly in front of the train. There was no time to drop down into the ‘safe position’ between the brake pedestal and the rear wall of the locomotive cab15 or to take any other preventive action.

4.2.7. Similarly, there was no evidence in the form of skid marks to suggest that the truck driver became aware of the train in time to take preventive action.

4.2.8. It was very unlikely that the truck stopped before entering the level crossing because of the following factors:  the speed at which the truck appeared in front of the train driver  the truck speed and engine revs captured on the truck’s instrument panel

14 It was not possible to validate with absolute accuracy the times obtained from the train event recorder against those obtained from the truck e-ruc system. 15 Drivers are taught to place themselves into this position in the event of an imminent collision.

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 the fact that, shortly beforehand, the truck had not stopped before entering the same level crossing when travelling southbound on Lambert Road.

4.2.9. It was virtually certain that the truck driver was aware of the level crossing. The various warning signposts and paint markings on the road were in good condition and in accordance with the railway and road authority standards. Also, the truck driver had worked Lambert Road many times before, so would have been well aware of the level crossing’s presence.

4.2.10. The Commission considered other possible reasons for the truck driver not stopping at the level crossing.

4.2.11. The toxicology results showed that there was no impairment. It was unlikely that the truck driver was fatigued because the work involved day shifts only, and the driver had only recently returned to work from having been on leave. The driver was frequently starting and stopping the truck with the high degree of precision required to service the waste bins. This suggested that the driver was alert at the time and unlikely to have fallen asleep.

4.2.12. Mobile phones are known to be common sources of distraction. However, the driver’s phone was recovered and the phone records established that the phone was not being used at the time of the accident.

4.2.13. The Commission could only conclude that the driver did not consistently stop at the level crossing. One explanation for the driver not stopping was a low expectation of encountering a train at the level crossing.

4.2.14. With an average eight trains each day, the frequency of trains travelling through the level crossing was not high. At the time of day that the driver would normally have been working Lambert Road, the KiwiRail master train control plan had two trains passing through the area, with a possible 55 minutes between trains. It is not known if the truck driver had ever previously encountered a train at the level crossing while working along Lambert Road or was aware of the train running times.

4.2.15. Freight trains do not run to strict schedules and road users must expect trains at any time. On the day of the accident, train services on the Murupara Branch line were running about 30 minutes ahead of the train control plan.

4.3. Survivability 4.3.1. The dual-control truck was being operated from the left-hand seat at the time of the collision, which was where the train first hit the truck. Waste Management’s Safe Driving Policy required seatbelts to be worn at all times. After the accident the seatbelt was found to be unlocked. It was therefore unlikely that the driver was wearing a seatbelt at the time of impact.

4.3.2. It could not be determined whether the driver would have survived had a seatbelt been worn. Nevertheless, wearing a seatbelt will generally increase the chances of a person surviving an accident, which is a lesson arising from this inquiry.

4.4. Sighting distance at the level crossing

Safety issue – Sighting distances for road users at level crossings are one of the factors used to determine the appropriate level of protection required, yet the growth in vegetation around railway level crossings can change sighting distances in a relatively short time and render the level crossings unsafe.

4.4.1. Level crossings are different from roads in that the overall risk profile is skewed towards a low- probability but high-consequence event. As such, level crossings are protected through the use of appropriate traffic control devices. The devices installed are dependent on a range of factors including:

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 the level crossing type  the volume and speed of rail and road traffic  the mix of road and rail traffic using the level crossing  the alignment of the road approach to the level crossing  other physical attributes of the level crossing and its surrounds.

4.4.2. There are 1,388 public road level crossings on the national rail network. Of those public road level crossings, 715 (52%) have active protection. There are 419 crossings protected by flashing lights and bells and 296 have half-arm barriers and flashing lights and bells. The other 673 public road level crossings are all protected with passive signs, either ‘Give Way’ or ‘Stop’ signs. The Lambert Road public road level crossing is one of 393 protected with ‘Stop’ signage.

4.4.3. The Australian Level Crossing Assessment Model (ALCAM) is an assessment tool adopted by New Zealand that is used to identify key potential risks at all level crossings and to assist in the prioritisation of level crossings for upgrade. The ALCAM process involves collecting data by way of level crossing site surveys, and collecting both train and road data from the respective rail and road authorities. The ALCAM assessment output data showed that the Lambert Road public road level crossing presented a relatively low risk; it rated 965 out of 1,388 public road level crossings on the rail network.

4.4.4. Passive controls are generally used where there are low volumes of both road and rail traffic, which make the likelihood of a collision low. The Lambert Road public road level crossing met the requirement for passive controls, having six to eight daily rail movements and an average of 36 vehicle movements passing over the level crossing each day. Stop signs are used at those level crossings where the road user has insufficient time to sight an approaching train and stop before reaching the level crossing limit line.

4.4.5. The most recent ALCAM site survey at the Lambert Road level crossing had been carried out on 18 June 2011. The survey had reviewed the road traffic control measures in place and recorded various parameters that included the:  width of the road  maximum distance between the limit line and the closest rail  angle between the roadway and the railway track  road approach gradient  maximum sighting distance available from the road user’s eye position, taken from one and a half metres behind the limit line.

4.4.6. The survey data was then used to calculate the minimum sighting distance that a road user required to clear the level crossing safely ahead of an approaching train. The measured and calculated sighting distances were compared to determine what, if any, corrective action was required. Appendix 1 sets out the procedure for calculating sighting distances at level crossings.

4.4.7. For the northbound approach to the level crossing, the calculated minimum re-start sighting distance required for a truck of the type involved in this accident was 183 metres. That distance compared favourably with the 423 metres of available sighting distance recorded at the time of the ALCAM survey.

4.4.8. During the seven years since the ALCAM survey, vegetation on the boundary of a private property adjacent to the level crossing had grown to a height of about two metres. As a result, the maximum sighting distance available to the truck driver had been reduced from 423 metres to 83 metres (see Figure 10). This meant that even if the truck had stopped at the yellow limit line, the truck driver would not have had sufficient time to clear the level crossing safely in the event of a train approaching from just out of the driver’s view.

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4.4.9. Furthermore, even if the driver had tried to look for trains as the truck approached the level crossing, the train would have been obscured by a high hedge that ran parallel to the road.

Figure 10 The view looking east towards Kawerau when stopped at the yellow limit line

Figure 11 The view from a truck looking towards Kawerau after the vegetation was cleared (photograph courtesy of New Zealand Police)

4.4.10. Subsequent to the accident KiwiRail worked with the owner of the adjacent property to improve the sighting distance (see Figure 11).

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4.4.11. Maintaining sighting distances at level crossings is critical for the safety of road users. While most of the factors that are considered when deciding on the level of protection to give a level crossing are unlikely to change significantly over time, vegetation growth can relatively quickly render a level crossing unsafe.

4.5. Responsibility for maintaining sighting distances at public road level crossings

Safety issue –The legislation is not clear on the allocation of responsibility between licensed rail access providers and road controlling authorities for ensuring the safety of road and rail users at public road level crossings.

4.5.1. As the main rail access provider, KiwiRail maintained a programme for controlling vegetation around the public road level crossings within its rail corridor. However, the mechanisms for controlling road traffic at level crossings are diverse. In this example, one or more of the following mechanisms could have been used to ensure the safety of road vehicles and rail vehicles at the Lambert Road level crossing:  remove the vegetation to improve the sighting distance at the level crossing  improve the view lines for vehicles approaching the level crossing so that a ‘Give Way’ sign could be used instead of a ‘Stop’ sign  reduce the speed of trains over the level crossing to allow long vehicles stopped at the level crossing sufficient time to cross safely  install active level crossing protection.

4.5.2. Level crossings are the intersection of two jurisdictions: the rail access provider and the road controlling authority. Relevant legislation16 is not clear about what entity or entities have ultimate responsibility for ensuring the safety of both rail users and road users at public road level crossings.

4.5.3. The Commission has raised a similar issue in its watchlist item ‘Safety for pedestrians and vehicles using level crossings’, which highlights that the safety of pedestrians and vehicles using level crossings has been compromised because of ambiguities in the responsibilities of road and rail authorities.

4.5.4. The Commission is recommending that, in the long term, the NZ Transport Agency take action to clarify the responsibilities of licensed rail access providers and road controlling authorities for safety at rail level crossings, and is also recommending that the NZ Transport Agency work with licensed rail access providers and road controlling authorities to ensure that the safety of rail users and road users is not compromised by the growth of vegetation around level crossings.

4.5.5. The Commission is also recommending that, in the short term, where KiwiRail becomes aware of vegetation affecting the sighting distances at level crossings for which it is the licensed access provider, it work with the relevant road controlling authority to remove or control that vegetation.

4.5.6. The Commission is also recommending to Local Government New Zealand that, in the short term, where road controlling authorities become aware of vegetation affecting the sighting distances at level crossings, they work with the relevant licensed access providers to remove or control that vegetation.

16 Railways Act 2015 and Local Government Act 1974.

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5. Findings

5.1. There was no mechanical issue with the train or any issue with the manner in which it was driven that would likely to have contributed to the accident.

5.2. There was no pre-existing mechanical issue found with the truck that contributed to the accident. However, the extent to which it was damaged in the collision meant the possibility could not be excluded.

5.3. There was adequate compliant signage warning road users of the rail level crossing, and it is virtually certain that the driver of the truck was aware of its presence.

5.4. It is very likely that the driver of the truck did not stop at the compulsory stop limit line before entering the Lambert Road public road level crossing in front of the train.

5.5. It is very likely that the driver of the truck was not wearing the fitted seatbelt at the time of the collision. Although this was a safety issue, it was not possible to determine whether it was a factor contributing to the fatality.

5.6. The sighting distance for road users of the Lambert Road level crossing did not meet the minimum standard as set out in the NZ Transport Agency’s Traffic Control Devices Manual. It was possible that drivers of long motor vehicles that did stop at the stop sign would not have had sufficient time to clear the level crossing if a train were just out of view.

5.7. The legislation needs to be clearer on the allocation of responsibility between licensed rail access providers and road controlling authorities for ensuring the safety of rail users and road users at public level crossings.

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6. Safety issue

6.1. Sighting distances for road users at level crossings are one of the factors used to determine the appropriate level of protection required, yet the growth in vegetation around railway level crossings can change sighting distances in a relatively short time and render the level crossings unsafe.

6.2. The legislation is not clear on the allocation of responsibility between licensed rail access providers and road controlling authorities for ensuring the safety of rail users and road users at public road level crossings.

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7. Safety actions

General 7.1. The Commission classifies safety actions by two types:

(a) safety actions taken by the regulator or an operator to address safety issues identified by the Commission during an inquiry that would otherwise result in the Commission issuing a recommendation (b) safety actions taken by the regulator or an operator to address other safety issues that would not normally result in the Commission issuing a recommendation.

Safety actions addressing safety issues identified during an inquiry 7.2. KiwiRail worked with the adjacent land owner to improve the sighting distance at the Lambert Road public road level crossing.

Safety actions taken to address other safety issues 7.3. Whakatāne District Council surveyed all its level crossings for compliance with signage and sighting distance standards and found no issues to address.

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8. Recommendations

General 8.1. The Commission may issue, or give notice of, recommendations to any person or organisation that it considers the most appropriate to address the identified safety issues, depending on whether these safety issues are applicable to a single operator only or to the wider transport sector. In this case, recommendations have been issued to the NZ Transport Agency to address the long-term solution and to the major rail access provider, KiwiRail, to address the short-term solution.

8.2. In the interests of transport safety, it is important that these recommendations are implemented without delay to help prevent similar accidents or incidents occurring in the future.

Recommendations made to the NZ Transport Agency 8.3. The sighting distance for road users at the Lambert Road level crossing did not meet the minimum standard as set out in the Manual. It was possible that drivers who did stop at the stop sign would not have had sufficient time to clear the level crossing if a train was just out of view.

Maintaining sighting distances at level crossings is critical for the safety of road users. While most of the factors that are considered when deciding on the level of protection to give a level crossing are unlikely to change significantly over time, vegetation growth can relatively quickly render a level crossing unsafe.

The legislation is not clear on the allocation of responsibility between rail access providers and road controlling authorities for ensuring the safety of rail and road users at public road level crossings.

On 13 December 2018 the Commission recommended that the Chief Executive of the NZ Transport Agency take the necessary action to clarify the allocation of responsibilities between licensed rail access providers and road controlling authorities for maintaining sighting distances at public road level crossings. (031/18)

On 13 December 2018 the Commission recommended that the Chief Executive of the NZ Transport Agency work with licensed rail access providers and road controlling authorities to ensure that they meet their responsibilities for maintaining sighting distances at public road level crossings. (032/18)

On 17 January 2019, the Chief Executive of New Zealand Transport Agency replied, in part: The NZ Transport Agency has accepted these recommendations. In order to comply with these recommendations and enhance its regulatory oversight of the industry the Transport Agency is currently recruiting more personnel into the rail regulatory space.

The full-time positions will not be entirely dedicated to level crossing safety, but they are expected to help provide a system approach to evaluating the critical risk and system assurances across the country. The work will be complementary to the current ALCAM assessments (which deal with the assessments of level crossing safety on an individual basis) and other level crossing work in progress. It is not intended to deter from the efforts of those processes.

The Transport Agency (Rail Regulator) intends to apply a holistic approach to the road rail interface. The complexities of relationships between local authorities and the rail access providers in managing level crossing is to be more centralised in order to maintain a consistent approach to construction, regulation and safety.

While significant progress has been made it is accepted that as the rail industry grows, particularly in the suburban areas, the management of level crossing construction and protection will require greater scrutiny, primarily for the reasons of

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increased train frequencies and the number of incidents of damage to rail protection systems.

Recommendation made to KiwiRail 8.4. Until the responsibilities for the maintenance of sighting distances at public road level crossings have been clarified, it is important for the safety of rail users and road users that there are effective programmes to control vegetation growth around public road level crossings.

On 13 December 2018 the Commission recommended to the Chief Executive of KiwiRail that, until the NZ Transport Agency has clarified the responsibilities for maintaining sighting distances at public road level crossings, where KiwiRail becomes aware of vegetation affecting the sighting distances at level crossings for which it is the licensed access provider, it work with the relevant road controlling authority to remove or control the vegetation. (033/18)

On 18 December 2018, the Acting Chief Executive of KiwiRail replied: KiwiRail accepts the recommendation as presented and will ensure that, where it is brought to KiwiRail’s attention that vegetation is affecting sighting distances at particular public read level crossings for which it is access provider, it works with the relevant road controlling authorities to manage that vegetation. KiwiRail will also liaise with the NZ Transport Agency as required in order for the Agency to clarify the legal responsibilities for maintaining sighting distances at public read level crossings.

Recommendation made to Local Government New Zealand 8.5. Until the responsibilities for the maintenance of sighting distances at public road level crossings have been clarified, it is important for the safety of rail users and road users that there are effective programmes to control vegetation growth around public road level crossings.

On 13 December 2018 the Commission recommended to the Chief Executive of Local Government New Zealand that, until the NZ Transport Agency has clarified the responsibilities for maintaining sighting distances at public road level crossings, where road controlling authorities become aware of vegetation affecting the sighting distances at level crossings, they work with the relevant licensed access providers to remove or control the vegetation. (034/18)

On 17 January 2019, the Chief Executive of Local Government New Zealand replied: Local Government has no comment on the [recommendations] and will await discussions on the recommendations with NZTA in due course.

Notice of recommendations to the Secretary for Transport 8.6. On 13 December 2018 the Commission gave notice to the Secretary for Transport of the recommendations made to the NZ Transport Agency that it:

take the necessary action to clarify the allocation of responsibilities between rail access providers and road controlling authorities for maintaining sighting distances at public road level crossings (031/18)

work with all rail access providers and road controlling authorities to ensure that they meet their responsibilities for maintaining sighting distances at public road level crossings. (032/18)

Notice of recommendations to Local Government New Zealand 8.7. On 13 December 2018 the Commission gave notice to the Chief Executive of Local Government New Zealand of the recommendations made to the NZ Transport Agency that it:

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take the necessary action to clarify the allocation of responsibilities between rail access providers and road controlling authorities for maintaining sighting distances at public road level crossings (X031/18)

work with all rail access providers and road controlling authorities to ensure that they meet their responsibilities for maintaining sighting distances at public road level crossings. (032/18)

Notice of recommendations to the NZ Transport Agency 8.8. On 13 December 2018 the Commission gave notice to the Chief Executive of the NZ Transport Agency of the recommendations made to KiwiRail and Local Government New Zealand:

that until the NZ Transport Agency has clarified the responsibilities for maintaining sighting distances at public road level crossings, where KiwiRail becomes aware of vegetation affecting the sighting distances at level crossings for which it is the licensed access provider, it work with the relevant road controlling authority to remove or control the vegetation. (033/18)

that until the NZ Transport Agency has clarified the responsibilities for maintaining sighting distances at public road level crossings, where road controlling authorities become aware of vegetation affecting the sighting distances at level crossings, they work with the relevant licensed access providers to remove or control the vegetation. (034/18)

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9. Key lessons

9.1. Road users must always approach railway level crossings with extreme care, particularly those level crossings that have passive protection only in the form of Give Way or Stop signage.

9.2. Wearing seatbelts will increase the chances of people surviving accidents.

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Appendix 1: NZ Transport Agency’s Traffic Control Devices Manual, Part 9, Level crossings, Appendix B – Sight distances at level crossings

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Recent railway occurrence reports published by the Transport Accident Investigation Commission (most recent at top of list)

RO-2017-101 Signal Passed at Danger ‘A’ at compulsory stop boards protected worksite, Pongakawa, Bay of Plenty, 7 February 2017

RO-2017-103 Potential collision between passenger trains, Wellington Railway Station, 15 May 2017

RO-2017-102 Signalling irregularity, Wellington Railway Station, 3 April 2017

RO-2016-101 Signal passed at danger leading to near collision, Wellington Railway Station, 28 May 2016

RO-2016-102 Train 140 passed Signal 10R at ‘Stop’, Mission Bush Branch line, Paerata, 25 October 2016

RO-2015-103 Track occupation irregularity, leading to near collision, between Manunui and Taumarunui, 15 December 2015

RO-2014-105 Near collision between train and hi-rail excavator, Wairarapa Line near Featherston, 11 August 2014

RO-2013-101 Derailment of freight Train 345, Mission Bush Branch line, 9 January 2013

RO-2015-102 Electric locomotive fire at Palmerston North Terminal, 24 November 2015

RO-2014-104 Express freight train striking hi-rail excavator, within a protected work area, Raurimu Spiral, North Island Main Trunk line, 17 June 2014

RO-2013-103 Passenger train collisions with Melling Station stop block, 15 April 2013 and and RO-2014- 27 May 2014 103 RO-2015-101 Pedestrian fatality, Morningside Drive pedestrian level crossing, West Auckland, 29 January 2015

RO-2014-101 Collision between heavy road vehicle and the Northern Explorer passenger train, Te Onetea Road level crossing, Rangiriri, 27 February 2014

RO-2012-103 Derailment of freight Train 229, Rangitawa-Maewa, North Island Main Trunk, 3 May 2012

RO-2012-105 Unsafe recovery from wrong-route, at Wiri Junction, 31 August 2012

74 WHAKATĀNE DISTRICT COUNCIL MONDAY, 25 FEBRUARY 2019 Eastern Bay Road Safety Committee - AGENDA 7.4 Police Report

7.4 Police Report

1. Verbal Update Report

Sergeant Ray Wylie will give a verbal Police Report at the meeting.

2. Key Issues over Summer Period

Sergeant Ray Wylie will speak to the key issues the Police faced in the Eastern Bay of Plenty over the summer holiday period.

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