Entering a Level Crossing When a Train or Tram is Approaching

Deliberately or recklessly entering a level crossing when train or tram is approaching is the sort of charge often heard in the Magistrates Court.

Apart from fine, if the person holds a drivers licence or permit, the court must suspend the licence or permit for a period of not less than 3 months; or if the person does not hold a drivers licence or permit, disqualify the person from obtaining one for a period of not less than 3 months.

This charge is laid in situations where a person driving a motor vehicle deliberately or recklessly enters a level crossing when a train or tram is approaching as listed in the section.

In essence, to prove a charge of Entering a Level Crossing When a Train or Tram is Approaching, the police must prove that the accused drove a motor vehicle and at the time deliberately or recklessly entered a level crossing when a train or tram was approaching.

Defences to this can include a factual dispute or lack of intent.

If an accused is proven guilty, the court may imposed a fine of 30 penalty units and a mandatory license suspension/disqualification for 3 months.

You should ring us and discuss your case if you have been charged with Entering a Level Crossing When a Train or Tram is Approaching.

Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.

This is legislation that comes from section 68B of the Road Safety Act 1986.

Possible Defences

  • Factual Dispute and Concept of Beyond Reasonable Doubt
  • Charges are Statute Barred
  • Intoxication
  • Sudden or Extraordinary Emergency

Penalties for Entering a Level Crossing When a Train or Tram is Approaching

  • Deferral of Sentencing
  • Diversion
  • Without Conviction Order
  • Adjournment of the Charges on Undertaking (Good Behaviour Bond)
  • Fine
  • Community Corrections Order
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