Rights of way at level crossings
4 Rights of way at level crossings
The public right of way at a level crossing —
shall cease when and as often as any engine, truck or carriage on the line of a private railway that passes through the level crossing is approaching and within a distance of 400 metres from the level crossing; and
shall at all other times extend only to the right of crossing the line of railway at the level crossing with all convenient speed but not stopping or continuing thereon.
Subject to this Act, the owner of a private railway —
may carry on and conduct the working and management of that railway in accordance with the provisions of the agreement under which the railway is constructed, in every respect at or through a level crossing through which the line of that railway passes;
may erect, maintain and operate, for the protection of persons and property using or passing over the level crossing, gates and other obstructions on each side of the line of private railway where it passes through the level crossing and may keep the gates closed or obstructions erected, except where persons with or without animals or in vehicles or other conveyances have the right, under subsection (1), to cross the line of railway at the level crossing, and may safely do so.
[Section 4 amended: No. 83 of 1973 s. 3.]
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