27 CAR § 97-106 – General conditions

(a) Exemptions.
1. (1) Exemptions from any of the requirements contained herein will be considered by the State Highway Commission upon proper application from the:
  1. (A) Carriers;
  2. (B) Industries; or
  3. (C) Other interested persons.
2. (2) A request for such exemption must be accompanied by a full statement of the conditions existing and the reasons why such exemption is asked.
3. (3) Any exemption so granted shall be limited to the particular case covered by the application.
(b) Emergencies. No restricted clearance set out herein shall apply to falsework, shoo-fly tracks, or other temporary emergency conditions caused by:
1. (1) Derailments;
2. (2) Washouts;
3. (3) Slides; or
4. (4) Other unavoidable disasters.
(c) Construction materials. No restricted clearances set out herein shall apply to ballast, track material, or construction material unloaded on and adjacent to tracks for contemplated use thereon or in the immediate vicinity, nor shall they apply to falsework or temporary construction necessary on any construction project.
(d) Modifications. The commission reserves the right to modify, after public hearing, any of the provisions of this part when, in the opinion of the commission, public interest would be served by so doing.