313BExemptions for drivers of railway incident response vehicles

313B Exemptions for drivers of railway incident response vehicles

(1) A provision mentioned in subrule (2) does not apply to the driver of a railway incident response vehicle engaged in accessing or responding to a railway accident or incident if—

(c) the railway incident response vehicle is—

(i) at the scene of a railway accident or incident; and

(ii) displaying flashing amber lights (whether or not it is also displaying other lights).

(2) For the purposes of subrule (1), the provisions are as follows—

• rule 56 (Stopping for a red traffic light or arrow);

• rule 57 (Stopping for a yellow traffic light or arrow);

• rule 121 (Stopping and giving way at a stop sign at a level crossing);

• rule 122 (Giving way at a give way sign or give way line at a level crossing);

• rule 123 (Entering a level crossing when a train or tram is approaching etc.);

• rule 124 (Leaving a level crossing);

(3) A provision mentioned in subrule (4) does not apply to the driver of a railway incident response vehicle engaged in accessing or responding to a railway accident or incident if—

(c) the railway incident response vehicle is—

(i) approaching the scene of the railway accident or incident; and

(ii) in congested traffic that would prohibit access to the railway accident or incident; and

(iii) displaying flashing amber lights (whether or not it is also displaying other lights).

(4) For the purposes of subrule (3), the provisions are as follows—

• Division 1 (Left turns at intersections) of Part 4 (Making turns);

• rule 88 (Left turn signs);

• rule 89 (Right turn signs);

• rule 90 (No turns signs);

• rule 92 (Traffic lane arrows);

• rule 99 (Keep left and keep right signs);

• the following Divisions of Part 11 (Keeping left, overtaking and other driving rules) provided the vehicle does not exceed 20 kilometres per hour—Division 2 (Keeping to the left), Division 3 (Overtaking), Division 6 (Driving in marked lanes designated for special purposes) and Division 7 (Passing trams and safety zones);

(5) In this Rule—

rail infrastructure has the same meaning as it has in the Rail Safety National Law (Victoria);

rail transport operator means Metro Trains Melbourne Pty Ltd (ACN 136 429 948) or the V/Line Corporation as continued under section 128 of the Transport Integration Act 2010;