Since 1990, three hundred and six level crossings, approved by an arm of Government that did not have the legal power to do so, have as a consequence been erected illegally. Drivers who have been fined and had their licences endorsed with penalty points after being caught going through red lights at these crossings will now be able to challenge their convictions as they had not in fact committed any offence.

The Government is unlikely to disclose the location of these illegal rail crossings.  According to Dipesh Gadher of The Sunday Times, a Government source has said:

“We will try to make it as difficult and as expensive as possible for anyone to challenge us in the courts. Even though these drivers might have been wrongly penalised due to a technicality, we would use the moral argument that they were potentially endangering lives by ignoring a red light.”

Government has bungled.  It has not acted within the Law.  No matter how undeserving the appellants, they were not breaking the Law.  The Government should come clean and publish details of the "illegal" crossings so that the motorists involved can lodge appeals against their convictions.  In applying laws, rules and regulations approved by Parliament, Government owes us a duty to comply itself with those very prescriptions - to comply with the Rule of Law.  Relying upon "moral argument" when the Law is against you is a slippery slope.  The Government should do the right thing.