Author: Ophelia Hollway
Practice area: Driving Offences
Ophelia is a Senior Associate and LIV Accredited Criminal Law Specialist at Doogue + George, appearing regularly as a solicitor advocate across Victorian courts and having practised exclusively in criminal law since admission. Her depth of experience in this area means clients receive accurate, considered advice.
View full profile →Ophelia authored this content and last revised it for accuracy on 5th August 2026.
What is the offence of Entering a Level Crossing When a Train or Tram is Approaching?
This offence under section 68B of the Road Safety Act 1986 concerns a driver’s conduct at a level crossing where a train or tram is approaching. It applies when a motor vehicle is driven into a crossing in circumstances involving deliberate or reckless behaviour.
Key points
- Nature of the conduct: Driving a motor vehicle into a level crossing while a train or tram is approaching.
- Fault element: The conduct must be deliberate or reckless.
- Court: Heard in the Magistrates Court.
The maximum penalty for Entering a Level Crossing When a Train or Tram is Approaching is a fine of 30 penalty units ($6,273.00 — as at 2026–27).
Common defences may include lack of deliberate or reckless conduct, issues with the level crossing, or lack of awareness that a train or tram was approaching.
Have you been accused of his offence?
Police Interview
Before speaking with the Police or offering any information, we recommend you contact our office to discuss the implications of a police interview. It is crucial you understand your rights and what you are not compelled to answer. A Police interview is not the time or place where you explain your side of the story and hope they won’t charge you with Entering a Level Crossing When a Train or Tram is Approaching.
Police want to conduct an interview with you about the charge only because they suspect you have committed the offence. They hope you will make admissions which will assist in an investigation or prosecution of the charge against you. They are not on your side despite how friendly they may appear.
Pleading Not Guilty
We have significant experience in representing people in contested hearings. We assist our clients in building a case that will show they are not guilty of the offence. We are able to navigate the sophisticated process and represent you with skill. Our lawyers will look for evidence the police may have missed such as cctv or dash-cam footage.
Pleading Guilty
If you are choosing to plead guilty to this offence, we will assist you in securing the most favourable outcome in the circumstances. We will gather all relevant and useful material, such as references and reports, to persuade the court to impose a sentence that is just, fair and appropriate. Our lawyers work hard to ensure clients are informed and supported throughout each stage of a court hearing.
Examples of Entering 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.
Defences
- You did not deliberately or recklessly enter a crossing.
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.
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 charge
The maximum penalty for this offence s68B of the Road Safety Act 1986) is a fine of 30 penalty units ($6,273.00 — as at 2026–27).
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 can you be sentenced to for this charge?
You will be disqualified from driving for at least 3 months if you are found guilty. You are also likely to receive a fine.
Legislation
The section that covers this offence is section 68B of the Road Safety Act 1986.
What is the legal definition?
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?
