381Exemption for railway employee

381 Exemption for railway employee

(1)  A provision mentioned in subrule (2) does not apply to a railway employee acting in the course of his or her employment to the extent provided for in that subrule if, in the circumstances –

(a) the railway employee is taking reasonable care; and

(b) it is reasonable that the provision should not apply.

Note

Railway employee is defined in the dictionary.

(2)  Subrule (1) applies to the following provisions:

(a) Part 10 (Level crossings) – if the railway employee is driving a vehicle;

(b) Rule 235 (Crossing a level crossing) – if the railway employee is a pedestrian.