Commonwealth Numbered Regulations

1991 No. 329 EXPLOSIVES REGULATIONS - REG 38

38. (1) The driver of a road vehicle being used to transport Commonwealth
explosives must not drive the vehicle across a railway level crossing unless:

   (a)  if the crossing is a controlled crossing, the crossing is open to road
        traffic; or

   (b)  if the crossing is not a controlled crossing:

        (i)    the driver has first satisfied himself or herself that it is
               safe to drive the vehicle across the crossing; or

        (ii)   where the driver is not satisfied that it is safe to drive the
               vehicle across the crossing, the driver, after stopping the
               vehicle before reaching the crossing, has been informed by the
               supervisor of the transportation that it is safe to drive the
               vehicle across the crossing.

(2) The driver of a road vehicle being used to transport Commonwealth
explosives must not drive the vehicle onto a railway level crossing if it is
likely that the driver may be required to stop the vehicle on the crossing.

(3) The driver of a road vehicle being used to transport Commonwealth
explosives, not being a vehicle having automatic transmission, must not, so
far as practicable, while driving the vehicle across a railway level crossing,
change the gear in which the vehicle is being driven.
(4) In subregulation (1), "controlled crossing" means a railway level crossing
at which there are gates, barriers, lights, bells, signals or other means
under the control of the railway authority by which the crossing may be closed
to road traffic for the passage of railway traffic through the crossing.