What the Law states - Entering a level crossing when a train or tram is approaching
Road Safety Act 1986 - SECT 68B
Deliberately or recklessly entering a level crossing when a train or tram is approaching etc.68B. Deliberately or recklessly entering a level crossing when a train or tram is approaching etc.
(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.
Maximum Penalty for the charge of Entering a level crossing when a train or tram is approaching
30 penalty units
The court must if the offender holds a driver licence or permit, suspend the licence or permit for a period of not less than 3 months; or if the offender does not hold a driver licence or permit, disqualify the offender from obtaining one for a period of not less than 3 months.
What the Prosecution must prove - Entering a level crossing when a train or tram is approaching
1. The accused was the driver of a motor vehicle
2. That the accused deliberately or recklessly entered a level crossing when a train or tram was approaching.
Possible Defences - Entering a level crossing when a train or tram is approaching
1. Factual dispute.
2. Lack of intent.
Which court will hear the charge of Entering a level crossing when a train or tram is approaching
Magistrates' Court.
