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TRANSPORT (TICKETING AND CONDUCT) REGULATIONS 2005 (SR NO 69 OF 2005) - REG 43

Overdimensional vehicles crossing tracks

r. 43

    (1)     A person must not drive or attempt to drive or convey across a railway track

        (a)     a vehicle with a mass limit that exceeds a mass limit for that vehicle under the Road Safety (Vehicles) Regulations 1999; or

        (b)     a vehicle which, either by itself or in combination with any load carried by it, is more than 4·9 metres high (when measured from the highest surface of the track to be crossed), 3 metres wide or 25 metres long; or

        (c)     a vehicle which may obstruct, displace or interfere with—

              (i)     the track to be crossed; or

              (ii)     any overhead power line of a passenger transport company, a rail freight operator or Rail Track in the vicinity of the track—

without the written permission of the Director.

Penalty:     20 penalty units.

    (2)     A person must not drive or attempt to drive or convey across a tramway track

        (a)     a vehicle with a mass limit that exceeds a mass limit for that vehicle under the Road Safety (Vehicles) Regulations 1999; or

        (b)     a vehicle which, either by itself or in combination with any load carried by it, exceeds 4·3 metres high (when measured from the uppermost surface of the track to be crossed) or 3 metres wide or 25 metres long; or

        (c)     a vehicle which may obstruct, displace or interfere with the track to be crossed or with any overhead power line or support wires of a passenger transport company, a rail freight operator or Rail Track in the vicinity of the track—

without the written permission of the Director.

Penalty:     20 penalty units.    

    (3)     The Director may grant permission under sub-regulation (1) or (2) and may impose conditions on that permission.

    (4)     A person must comply with any conditions imposed by the Director in granting permission under sub-regulation (1) or (2).

Penalty:     20 penalty units.

    (5)     An operator of a vehicle is also liable for any offence under sub-regulation (1), (2) or (4).

    (6)     The fee for the granting of permission under sub-regulation (1) or (2) is 1·6 fee units.

    (7)     If, in the Director's opinion, one or more of the Department's employees or passenger transport company, rail freight operator or Rail Track employees or agents must, in the interests of safety, be present when the vehicle crosses the railway track or the tramway track the Director may, in addition to the fee referred to in sub-regulation (5) impose—

        (a)     the charges set out in the Schedule; and

        (b)     a charge determined by the Director for vehicles used by the Department's employees in attendance.

    (8)     In this regulation "operator" has the same meaning as it has in section 106 of the Road Safety Act 1986 .



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