Exemptions for drivers of railway incident response vehicles
313B Exemptions for drivers of railway incident response vehicles
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—
it is not practicable for the driver to comply with the provision; and
the driver is taking reasonable care; and
the railway incident response vehicle is—
at the scene of a railway accident or incident; and
displaying flashing amber lights (whether or not it is also displaying other lights).
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 100 (No entry signs);
• Part 9 (Roundabouts);
• 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);
• Part 12 (Restrictions on stopping and parking).
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—
it is not practicable for the driver to comply with the provision; and
the driver is taking reasonable care; and
the railway incident response vehicle is—
approaching the scene of the railway accident or incident; and
in congested traffic that would prohibit access to the railway accident or incident; and
displaying flashing amber lights (whether or not it is also displaying other lights).
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 91 (No left turn and no right turn 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);
• Part 12 (Restrictions on stopping and parking).
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;
railway incident response vehicle means a motor vehicle which is marked "incident response" and operated by or on behalf of a rail transport operator for the purpose of responding to incidents that involve rail infrastructure or rolling stock over which the rail transport operator has effective control and management;
rolling stock has the same meaning as it has in the Rail Safety National Law (Victoria).
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