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Entering a Level Crossing When a Train or Tram is Approaching

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

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