Patience is being put to the test
The level crossing barrier on my daily commute had just started to come down, but as I was running late, I sped up to carry on my journey. An officer stopped me on the other side and told me I’d been fined. Yet I hadn’t seen any train, the track was clear, and I’d crossed in a matter of seconds. Is it really against the law to drive through a barrier that’s only just starting to come down, even if there’s no real danger?
T, Vaud
Yes, it’s forbidden, and the fact that there’s no train doesn’t change that.
Article 24 of the Road Traffic Regulations (OCR) prohibits opening a level crossing barrier, going round it, or passing over or under it, whether it is a full barrier or a half-barrier. It makes no difference whether you are a pedestrian, a cyclist or a motorist: the law applies to all road users, without distinction. The Road Signage Ordinance (OSR) specifies that a barrier that is closed or in the process of lowering requires you to stop, just as a red light or an audible warning signal does. The moment you acted – when the barrier was just beginning to come down – is therefore clearly covered by this prohibition.
The penalty depends on the seriousness of the offence. A simple breach of the traffic regulations is punishable by a fine under the Road Traffic Act (LCR). If it poses a serious danger to others, it is punishable by a custodial sentence of up to three years or a financial penalty. In the most serious cases, under Article 237 of the Criminal Code (CP), knowingly endangering the life or physical integrity of others by disrupting rail traffic can lead to a prison sentence of up to ten years!
The fact that the track was actually clear will not save you from a fine. The rule is specifically designed to prevent people from having to judge for themselves, in a fraction of a second and under pressure, whether or not a train is coming. This is precisely the risk that the law refuses to allow, as a single misjudgement is enough to turn a routine action into a tragedy.
There is therefore little room for manoeuvre. The amount of the fine may be contested if it appears disproportionate, but not the very nature of the offence itself. You should also be aware that a repeat offence will result in a harsher response from the authorities than a first instance of careless behaviour. On the other hand, provided that no train has had to brake and no passenger has been put at risk, it should remain a simple fine.
It’s true that some level crossings close very early, and it can really test your patience when no train turns up whilst you’re pressed for time. Perhaps that’s why Swiss trains still have a reputation for being (almost) always on time!
