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Entering a Level Crossing When a Train or Tram is Approaching

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.

  • 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.
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 Entering a Level Crossing When a Train or Tram is Approaching (s68B of the Road Safety Act 1986) 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.

The section that covers this offence is section 68B of the Road Safety Act 1986.

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?”
 
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.