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A MARONG man who caused a V/Line train to derail by getting his four-wheel-drive stuck on the train tracks at Kangaroo Flat has avoided a conviction in court.
The 130 km/h crash – caused when the 18-year-old got his vehicle stuck on the train line – caused $2 million damage to the track and train, which was carrying 64 people at the time.
The man pleaded guilty in the Bendigo Magistrates’ Court on Monday to one charge of unlawfully and negligently obstructing a railway carriage.
The court heard he was driving his four-wheel-drive on bush tracks near Kangaroo Gully Road at 1pm on February 15 when he became lost without a correct GPS reading.
He attempted to accelerate over the train line at a non-designated crossing off Apeline Track, with visibility blocked by trees in both directions.
The man’s 1999 Nissan Patrol failed to clear the track and became stuck. He attempted to use a branch to free the vehicle, but was unsuccessful.
He called his father who immediately called 000 while the man walked to the nearby Phillis Street bridge in an attempt to determine his location.
The message failed to reach the driver in time, who spotted the man and the vehicle on the tracks and used the emergency brakes.
The train hit the four-wheel-drive at just under 130 km/h. The front carriage derailed and pushed the vehicle 65 metres on the track before it fell into an embankment, while the train travelled a further 640 metres.
Approximate location of the collision below, with train travelling north:
The driver suffered an ankle injury, two passengers suffered minor physical injuries and another passenger can no longer travel by train due to the trauma. Buses replaced trains on the line for 24 hours.
More than 1100 concrete sleepers needed to be replaced, with total costs to V/Line at more than $2 million.
Defence counsel Peter Ward said there was no criminal intent, and the man had simply “done a very stupid thing”.
He said community work could help to repay the damage caused.
“Clearly there was negligence, coupled with inexperience, coupled with naivety. His moral culpability is at the low end,” he said.
“But the consequences were quite horrendous.
“At least by doing community work… it would demonstrate that he would be making some contribution.”
Prosecutor Senior Constable Karl Mannes said the man’s behaviour “beggars belief”, and it was concerning that he called his father before attempting to call emergency services.
His family supported him in court, along with his employer. A large number of character references were submitted to the court.
Magistrate Sarah Leighfield said the references were “very impressive”, and it was clear the man did not “think it through” on the day in question.
She noted he looked like he was about to “burst into tears” during the proceedings.
“Obviously this is a serious charge, and one that has caused a lot of concern in the community,” Ms Leighfield said.
“At the same time, I’m dealing with a young person who did not place his vehicle on the tracks on purpose.
“He made a poor decision while driving.
“What you’ve done falls short of what the community expects as an adult. I have no doubt whatsoever that you will not be finding yourself back in court in the future.”
The man avoided conviction and was placed on a 12-month community corrections order, with 150 hours of unpaid community work.
He must also complete a road safety awareness course.