250Use of codes of practice in proceedings

250 Use of codes of practice in proceedings

250 Use of codes of practice in proceedings

(1) This section applies in a proceeding for an offence against this Law.

(2) An approved code of practice is admissible in the proceeding as evidence of whether or not a duty or obligation under this Law has been complied with.

(3) The court may—

(a) have regard to the code as evidence of what is known about a hazard or risk, risk assessment or risk control to which the code relates; and

(b) rely on the code in determining what is reasonably practicable in the circumstances to which the code relates.

Note.

See section 47 for the meaning of reasonably practicable.

(4) Nothing in this section prevents a person from introducing evidence of compliance with this Law in a manner that is different from the code but provides a standard of rail work safety that is equivalent to or higher than the standard required in the code.