I have been summoned to appear at Bridlington Magistrates' Court on Monday 3 March to answer a charge of going through flashing red lights at Carnaby Level Crossing on 2 October 2007. The lights are said to have been flashing for 1.24 seconds. I intend submitting a plea of not guilty and understand that I need not appear on that day as proceedings will be referred to a later date.
The facts are that as I was approaching this crossing I suddenly observed that the amber light of the signal was showing a very dull burgundy colour. The signal was constant and barely visible. It had not been preceeded by flashing amber lights or flashing red lights and appeared without warning. I was almost up to the lights when my passenger and I noticed the signal and was too close to perform an emergency stop. I accelerated to clear the crossing and looked in my rear-view mirror when I was 50 metres or more on the other side and saw the barriers start to lower. There were no flashing signals on this side of the crossing. I was aware that the crossing was monitored by CCTV and assumed that this would have been recorded as a signal failure.
I was shocked to receive a Summons from British Transport Police on 14 January 2008 which gives a totally inaccurate account of the signal operation.
I have given a full and accurate account of the incident to BT Police and Network Rail and expected the charge to be withdrawn but to no avail.
I stopped to take pictures of the traffic signs at Carnaby Crossing on 29 January 2008 and whilst on site the crossing signals were activated but there were no flashing amber lights. Only the red flashing lights came on.
When returning to York late afternoon on the same day I parked off road and observed the same thing again i.e. no advance warning amber lights. I informed BT Police about this and was told it was not relevant to the Summons I had received. In my opinion it is relevant because it suggests that when the signal lights malfunction it is not bei