A change of level crossing legislation is needed in order to make them safer, according to the Law Commissions of Scotland and of England and Wales.

A consultation launched on Thursday aims to make it simpler to modernise and even close crossings in order to reduce safety risks.

The commissions say the operators of Britain’s 8,000 level crossings are forced to fight against outdated and complicated red tape.

Sir James Munby, the Chairman of the Law Commission, said: "It is no longer appropriate that the legal framework for level crossings should be based on 19th century private legislation. We need to find ways of bringing level crossing law into line with modern legislation."

Professor George Gretton of the Scottish Law Commission added: "The law of level crossings may be an obscure branch of the law, but level crossings cause very real problems both for the railways and for road users, vehicular and non-vehicular. Until now the law has never been subject to a general review. This gives us an opportunity to put the law into a satisfactory shape. We very much hope to hear the views of individuals and organisations about what the law should look like in the future."

Three elderly members of the same family were killed when their car was hit by a train at a level crossing in Halkirk last September.

Angus MacKay, 81, his wife Margaret, 81 and his brother Donnie, 66, from Caithness died at the scene.

The Commissions intend to look at all aspects of railway safety as part of the review which will conclude on November 30.

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