It is expected that Gurney will appear in person at his next court date.
The endurance athlete previously pleaded guilty to the charge, and spoke of his "disappointment" that he was being taken to court for what was simply a "mistake" and a "blur".
Gurney was lucky to walk away with only minor injuries when his Subaru Outback 4WD crashed into an early-morning passenger train at a railway crossing near Rangiora on September 20 last year.
The train driver and passengers escaped uninjured.
There were no warning bells, lights or barriers at the crossing. But there is a stop sign and warning saying, 'Look for trains'.
The decision to offer Gurney diversion last month angered the Rail and Maritime Transport Union, which represents train drivers.
Union secretary Wayne Butson said there were 14 level crossing collisions between vehicles and trains in 2011.
Some train drivers suffered "such severe mental trauma" that they had to give up a vocation they loved. Train drivers were the "silent victims" in all cases.
Mr Butson said: "The public need a greater respect for the rail corridor and level crossings.
"The offer of police diversion to Steve Gurney doesn't seem at all appropriate to locomotive engineers in the circumstance."