Driving – Other Traffic Offences – VIC
Welcome to the VIC Entering a level crossing when a train or tram is approaching article page. Everything you need to know about Entering a level crossing when a train or tram is approaching according to VIC law.
What the Law States according to VIC Law for Entering a level crossing when a train or tram is approaching
According to VIC Law for the charge of 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.
The Maximum Penalty – Entering a level crossing when a train or tram is approaching
According to VIC Law 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 Police must prove according to VIC Law for 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 under VIC Law – Entering a level crossing when a train or tram is approaching
1. Factual dispute
2. Lack intent
In VIC which court will hear the matter – Entering a level crossing when a train or tram is approaching
Magistrates’ Court
Date: 09/01/2009