Victorian Consolidated Regulations

ROAD SAFETY ROAD RULES 2017 - REG 313B

    (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—

        (a)     it is not practicable for the driver to comply with the provision; and

        (b)     the driver is taking reasonable care; and

        (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 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).

    (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—

        (a)     it is not practicable for the driver to comply with the provision; and

        (b)     the driver is taking reasonable care; and

        (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 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).

    (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 ;

"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).

Division 1—General

Note

Traffic control device and traffic-related item are defined in the dictionary.