Subpart 2—Interaction of rail and road

80 Rail vehicles have right of way

(1)

Except as provided in subsection (2),—

(a)

any rail operator (and any person responsible for the driving or control of a rail vehicle) is entitled to assume, for the purposes of determining the speed at which it is reasonable for a rail vehicle to travel past a station, level crossing, or elsewhere on a railway line, that all persons, animals, and vehicles not using the railway line will keep clear of the railway line; and

(b)

neither a rail operator nor any other person is to be regarded as negligent merely because that rail operator or person acts on that assumption for that purpose.

(2)

If a rail operator (or a person responsible for the driving or control of a rail vehicle) has reason to believe, or by the exercise of reasonable care would have reason to believe, that a collision is likely to occur between a rail vehicle and a person, animal, or vehicle not using the railway line, the rail operator (or person responsible) must take all reasonable steps to prevent the collision.

(3)

For the purposes of this section,—

rail vehicle does not include a light rail vehicle

railway line does not include a railway line operated solely for the use of light rail vehicles.