Victorian Consolidated Legislation

Rail Corporations Act 1996 - SECT 67

Power to stop traffic

67. Power to stop traffic





(1) Subject to the Road Management Act 2004, a person to which this section
applies, subject to the agreement, lease or licence relating to, or connected
with, its provision of a service or to a lease of rail infrastructure or tram
infrastructure (being an agreement, lease or licence between that person and
Rail Track or that person and the Crown)-

   (a)  may stop traffic in circumstances where it is reasonably necessary to
        do so;



   (b)  in an emergency, may stop traffic.

(2) In exercising a power under subsection (1), a person to which this section
applies-

   (a)  must act reasonably; and

   (b)  must comply with any directions given by the Director in relation to
        the exercise of that power.

(2A) A direction given by the Director under this section must not be
inconsistent with the Road Management Act 2004.

(2B) A direction has no effect to the extent of any inconsistency under
subsection (2A).





(3) This section applies to-



* * * * *



* * * * *



   (c)  Rail Track;

   (d)  V/Line Passenger Corporation;









* * * * *





   (f)  train operators;

   (g)  tram operators;

   (h)  a person specified in an Order under subsection (4), subject to any
        terms and conditions specified in that Order;

        (i)    a person authorised, in accordance with the agreement, lease or
               licence referred to in subsection (1), by a person referred to
               in paragraph (c), (d), (f), (g) or (h) to exercise a power
               conferred on the authorising person by this section, subject to
               any terms and conditions specified in the authorisation.

(4) The Governor in Council, by Order published in the Government Gazette, may
declare that this section applies, on and from a date specified in the Order
and subject to any terms and conditions specified in the Order, to a person
specified in the Order that-

   (a)  is a party to a contract with the Secretary or the Director acting on
        behalf of the Crown for the provision by that person of a passenger
        service; or

   (b)  is a party to a lease with Rail Track or the Secretary or the Director
        acting on behalf of the Crown in relation to any rail infrastructure
        or tram infrastructure owned by Rail Track or the Crown.

Division 2-Provisions applying to certain agreements