20.95.02.02

.02 Exemptions.

A. Nothing in this chapter shall be construed as preventing the movement or distribution of material over tracks when that material is necessary in the construction or maintenance of the tracks, nor in the movement of special work equipment used in the construction, maintenance, or operation of the railroad, provided those movements shall be carried on under conditions reasonably necessary to provide for the safety of all concerned.

B. If, in any particular case, exemption from any of the requirements of these regulations is deemed necessary by the carrier concerned, the Commission will consider the application of the carrier for the exemption when accompanied by a full statement of the conditions existing and the reason why the exemption is asked. An exemption so granted will be limited to the particular case covered by the application.

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