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.

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.

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.

1. Factual dispute.

2. Lack of intent.

Magistrates' Court.