Entering a Level Crossing When a Train or Tram is Approaching

Deliberately or recklessly entering a level crossing when a 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 this charge 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.

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

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

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