Entering a Level Crossing When a Train or Tram is Approaching

– section 68B of the Road Safety Act 1986

Entering a Level Crossing When a Train or Tram is Approaching

 

This offence occurs when you are driving a vehicle and enter a level crossing when a train or tram is approaching.

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.
What are some of the possible defences to a charge of Entering a Level Crossing When a Train or Tram is Approaching?
  • 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 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.

“Did you enter a level crossing when a tram or train was approaching?”
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.

Legislation

The section that covers this offence is section 68B of the Road Safety Act 1986.1

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.

Other Important Resources

 


[1] Road Safety Act 1986 – Section 68B

(1) A driver of a vehicle must not, deliberately or recklessly, enter a level crossing if—
(a) warning lights (for example, twin red lights or rotating red lights) are operating or warning bells are ringing; or
(b) a gate, boom or barrier at the crossing is closed or is opening or closing; or
(c) a train or tram is on or entering the crossing; or
(d) a train or tram approaching the crossing can be seen from the crossing, or is sounding a warning, and there would be a danger of a collision with the train or tram if the driver entered the crossing; or
(e) the driver cannot drive through the crossing because the crossing, or a road beyond the crossing, is blocked.
Penalty: 30 penalty units.
(2) On convicting a person, or finding a person guilty, of an offence under subsection (1), the court must—
(a) if the offender holds a driver licence or learner permit, suspend the licence or permit for a period of not less than 3 months; or
(b) if the offender does not hold a driver licence or learner permit, disqualify the offender from obtaining one for a period of not less than 3 months