Entering a Level Crossing When a Train or Tram is Approaching
– section 68B of the Road Safety Act 1986
This offence occurs when you are driving a vehicle and enter a level crossing when a train or tram is approaching.
- A man is driving a truck and as the gate is closing for a train crossing, he drives through the crossing.
- A woman is driving a truck and as a tram is entering the crossing, drives the truck in front of the tram.
- You did not deliberately or recklessly enter a crossing.
Questions in cases like this
- Were there problems with the crossing itself?
- Did you enter a level crossing while you were driving?
- Did you know a tram or train was approaching when you entered the level crossing?
Maximum penalty and court that deals with this chargeThe maximum penalty for this offence is a fine of 30 penalty units.
Deliberately or recklessly entering a level crossing when a train or tram is approaching is the sort of charge heard in the Magistrates Court.
What is the legal definition of Entering a Level Crossing When a Train or Tram is Approaching?The Prosecution must prove that you drove a motor vehicle and at the time deliberately or recklessly entered a level crossing when a train or tram was approaching.
“Did you enter a level crossing when a tram or train was approaching?”