Section 17
Road crossings
Wherever a railway track is constructed across an existing road on the level (such crossing not being an “occupation crossing” within the meaning of section 19), the Director shall cause good and efficient gates or barriers to be erected and maintained at the point where the railway track crosses the road, and shall employ proper persons to open and shut such gates or barriers and
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such gates or barriers shall be kept closed against the road when rolling-stock is crossing the road.
(2)
The Director may, at any time, declare that subsection (1) shall not apply to such crossings as are specified in the declaration.
(3)
Where any such any declaration has been made under subsection (2), the Director shall erect warning boards alongside the road and whistle-signals alongside the railway track at suitable distances from such level crossing, and the driver of every engine or other motive vehicle shall sound the whistle of his engine or other motive vehicle in accordance with such signals before the engine or other motive vehicle crosses the road.
(4)
The Director shall not be liable for any damage caused to any person or property by the passage of any engine, other motive vehicle or any other rolling-stock attached to it across the road at any crossing specified in a declaration under subsection (2) unless it is proved that the driver of the engine, motive vehicle or rolling-stock did not sound the whistle of his engine, motive vehicle or rolling-stock in accordance with the signals.
(5)
Where a Government Entity or any other person constructs a road across an existing railway track, the Government Entity or any other person charged with the responsibility for the maintenance of such road shall be liable to pay to Director the cost of the construction of any gate or barrier erected at the point where the road crosses the railway track and an annual rent for the maintenance thereof.