17-229 C.M.R. ch. 501, § 06 - EXEMPTIONS

A. Nothing herein shall be construed as to prevent the movement of materials or equipment over tracks when such materials or equipment is necessary in the construction and maintenance of such tracks, nor in the movement of special work equipment used in the construction, maintenance or operation of the railroad, provided such movements shall be carried on under such conditions as are necessary to provide for the safety of all concerned.

B. No restricted clearance prescribed herein shall apply to temporary construction made necessary on any construction project or temporary emergency conditions caused by derailments, washouts or other unavoidable disasters.

C. If, in any particular case, exemption from any of the requirements herein is deemed necessary by the railroad company or by the State Highway Commission, the Commission will consider the application of such railroad company, or the State Highway Commission, for such exemption when accompanied by a full statement of the conditions existing and the reasons for asking for such exemption. Any exemption so granted will be limited to the particular case covered by the application.

D. The clearances provided in this order shall not apply to railroad engine houses, shops or engine house facilities.

E. The Commission reserves the right to modify any of the provisions of these Rules and Regulations in specific cases when, in the Commission's opinion, public safety, convenience or necessity would be served better by so doing.

Notes

17-229 C.M.R. ch. 501, § 06