Version No. 015
Transport (Passengers and Rail Freight) Regulations 1994
S.R. No. 90/1994
Version incorporating amendments as at 1 November 2004
table of provisions
Regulation Page
ii
Regulation Page
Part 1—Preliminary 1
101. Objective 1
102. Authorising provisions 1
103. Revoked 1
104. Definitions 1
Part 2—Tickets and Conditions of Travel 5
201. Ticket conditions 5
202. Expired ticket 5
203. Defaced ticket or concession card 6
204. Ticket not to be transferred 6
205. Surrender of ticket 6
206. Ticket to be validated 6
207. Give up seat 6
208. Reserved seat 7
209. Requirements relating to services which must be booked 7
210. Person not to remain in first class compartment without ticket
or consent 7
211. Unauthorised person to leave vehicle or premises 8
212. Stops only for boarding or alighting 8
213. Person not to assist fare evasion 8
Part 3—Offences on Vehicles or Premises 9
301. Behaviour offences 9
302. Not to operate equipment 12
303. Not to apply brake 12
304. Not to stop vehicle 12
305. Use of doors on vehicles and premises 13
306. Not to interfere with automatic door 13
307. Not to cross pit between platforms 14
308. Rail crossing places 14
309. No exit, entry, or travel except in proper place 15
310. No dangerous goods on vehicles or premises 16
311. No fuel in vehicle carried 16
312. No fires on premises 16
313, 314. Revoked 17
315. Not to cause obstruction 17
316. No spitting 18
317. No unauthorised drinking 18
318. No articles on seats 18
319. Not to drain onto rail premises 19
320. Not to drive or leave vehicle on premises 19
321. Compliance of driver with directions 19
322. Overdimensional vehicle on tracks 20
323. Animals on tracks 22
324. Request to leave vehicle 22
325. No selling or busking 23
326. Child in company of adult 24
327. Place luggage as directed 24
328. Revoked 24
Part 4—Revoked 24
401–405. Revoked 24
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SCHEDULE—Charges for crossing corporation track with
oversize vehicles etc. 25
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ENDNOTES 28
1. General Information 28
2. Table of Amendments 29
3. Explanatory Details 30
ii
Version No. 015
Transport (Passengers and Rail Freight) Regulations 1994
S.R. No. 90/1994
Version incorporating amendments as at 1 November 2004
29
Transport (Passengers and Rail Freight) Regulations 1994
S.R. No. 90/1994
Part 1—Preliminary
Reg. 101 amended by S.R. No. 171/1998 reg.5(2).
101. Objective
The objective of these Regulations is to provide for matters relating to the operation of the passenger services of passenger transport companies, the rail freight services of rail freight operators and the operations of Rail Track, including ticketing, travel conditions, behaviour of the public and passengers and conditions of carriage of passengers and freight.
Reg. 102 amended by S.R. No. 171/1998 reg.5(3).
102. Authorising provisions
These Regulations are made under sections 56, 249B and 256 of the Transport Act 1983.
Reg. 103 revoked by S.R. No. 171/1998 reg.5(4).
* * * * *
104. Definitions
In these Regulations—
"Act" means the Transport Act 1983;
Reg. 104 def. of "authorised person" substituted by S.R. No. 171/1998 reg.6(b).
"authorised person" means—
(a) a person employed by a passenger transport company who has duties in relation to the issue, inspection or collection of tickets for, or the operation of, a road or rail vehicle operated by the passenger transport company; or
(b) a member of the police force; or
(c) any other person appointed in writing by a passenger transport company, a rail freight operator, Rail Track or the Secretary for the purpose of these Regulations;
r. 104
Reg. 104
defs of "Corpora-tion", "Corpora-tion's premises" revoked by S.R. No. 171/1998 reg.6(g).
* * * * *
Reg. 104
def. of "designated area" substituted by S.R. No. 171/1998 reg.6(c).
"designated area" means an area within rail premises designated by the relevant passenger transport company by means of signs in or near the area as an area for being on which a ticket is required;
Reg. 104
def. of "empties" revoked by S.R. No. 171/1998 reg.6(g).
* * * * *
"goods" means any article, package, parcel, item of luggage, merchandise chattel or animal (whether dead or alive);
"periodical ticket" means a ticket valid for more than one day;
Reg. 104
def. of
"rail premises" inserted by S.R. No. 171/1998 reg.6(a).
"rail premises" means any land, building, premises or structure owned, occupied or leased by—
(a) a passenger transport company in connection with its capacity as a provider of a passenger service; or
(b) a rail freight operator in connection with its capacity as a provider of a rail freight service; or
(c) Rail Track;
Reg. 104 def.of
"rail vehicle" substituted by S.R. No. 171/1998 reg.6(d).
"rail vehicle" means a vehicle that operates on or uses a railway track for the carriage of passengers or freight and includes a train, carriage and wagon;
r. 104
Reg. 104
def. of "railway track" insertedby S.R. No. 171/1998 reg.6(a).
"railway track" means a railway track used by a passenger transport company or rail freight operator to operate a railway for the carriage of passengers or freight;
Reg. 104
def. of "roadvehicle" substituted by S.R. No. 171/1998 reg.6(e).
"road vehicle" means any vehicle propelled by any form of motive power that is used or intended for use by a passenger transport company or rail freight operator for the carriage of passengers or freight on any road and includes a tram and light rail vehicle that operates on or uses a tramway track;
"ticket" means a ticket, pass, symbol or other thing issued to a person entitling that person to travel on a rail or road vehicle or be in a designated area;
Reg. 104
def. of
"travel concession card" substituted by S.R. No. 171/1998 reg.6(f).
"travel concession card" means a non-transferable card—
(a) issued by a State or Commonwealth government department or a passenger transport company; and
r. 104
(b) accepted by a passenger transport company as entitling the holder to travel on rail or road vehicles at concessional rates fixed by that passenger transport company.
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Part 2—Tickets and Conditions of Travel
Reg. 201 substituted by S.R. No. 171/1998 reg.7.
201. Ticket conditions
r. 201
(1) A ticket issued by or on behalf of a passenger transport company is issued subject to any alteration that the company may make to the service to which the ticket relates during the currency of the ticket, including an alteration as to—
(a) the mode of transport used to carry passengers;
(b) the cancellation, wholly or in part, of the service;
(c) the point at which passengers will be picked up or set down.
(2) The holder of a periodical ticket may be required to pay the ordinary fare payable for a journey on a rail or road vehicle or for entry to a designated area, if the holder cannot produce the periodical ticket to an authorised person on request.
(3) A ticket issued by or on behalf of a passenger transport company remains the property of the company at all times.
202. Expired ticket
A person must not use or attempt to use a ticket where the time for the using of that ticket or travel concession card has either expired or has not arrived.
Penalty: 5 penalty units.
203. Defaced ticket or concession card
r. 203
A person must not, without reasonable excuse, tender to an authorised person a ticket or travel concession card which has been materially altered, defaced, mutilated or made illegible in any way.
Penalty: 10 penalty units.
204. Ticket not to be transferred
A person who has begun to use a ticket that has not yet expired must not transfer that ticket to another person unless authorised by an authorised person.
Penalty: 5 penalty units.
205. Surrender of ticket
The holder of a ticket must surrender that ticket to an authorised person at the end of the period or journey for which the ticket was issued or at any time after the start of that period or journey if asked to do so by the person.
Penalty: 3 penalty units.
206. Ticket to be validated
A person using a ticket which requires machine validation must validate that ticket on boarding a rail or road vehicle on which an operational ticket validating device is located or before entering a designated area.
Penalty: 5 penalty units.
207. Give up seat
(1) A person must vacate a seat which is designated for elderly or disabled passengers on a rail or road vehicle if asked to do so by an authorised person.
(2) The holder of a student concession ticket must vacate a seat on a rail or road vehicle on which there are no empty seats if asked to do so by an authorised person.
Penalty: 5 penalty units.
Reg. 208 amended by S.R. No. 171/1998 reg.8(1)(a) (i)(ii).
208. Reserved seat
r. 208
A person must not, after being asked by an authorised person to refrain from doing so, occupy or attempt to occupy in any rail or road vehicle operated by a passenger transport company, a seat or compartment which has been reserved by that passenger transport company for another person.
Penalty: 5 penalty units.
Reg. 209 amended by S.R. No. 171/1998 reg.8(1)(b).
209. Requirements relating to services which must be booked
If on a service provided by a passenger transport company, the passenger transport company specifies that it is compulsory to book a seat, sleeping berth or reserved standing room and permission has not been obtained from an authorised person, a person must not—
(a) travel or attempt to travel on that service without booking a seat, sleeping berth or standing room; or
(b) occupy or attempt to occupy any other seat, sleeping berth or standing room that has not been allocated to that person.
Penalty: 5 penalty units.
210. Person not to remain in first class compartment without ticket or consent
A person must not remain or travel in a first class compartment of any rail or road vehicle unless that person—
(a) possesses a first class ticket for travel in that compartment; or
(b) has obtained the consent of an authorised person to travel or remain in that compartment.
Penalty: 5 penalty units.
Reg. 211 amended by S.R. No. 171/1998 reg.8(1)(c).
211. Unauthorised person to leave vehicle or premises
r. 211
A person must not, unless in possession of a valid ticket authorising that person to do so, remain in or upon any rail or road vehicle or any rail premises after being asked by an authorised person to leave the vehicle or premises.
Penalty: 5 penalty units.
212. Stops only for boarding or alighting
A person must not—
(a) board a rail or road vehicle at a stop where the vehicle has stopped only to set down passengers; or
(b) alight from a rail or road vehicle at a stop where the vehicle has stopped only to pick up passengers.
Penalty: 5 penalty units.
Reg. 213 amended by S.R. No. 171/1998 reg.8(1)(d).
213. Person not to assist fare evasion
A person must not knowingly assist another person to evade payment of a fare, or do or omit to do anything which would be a breach of regulation 202, 203, 204 or 206.
Penalty: 10 penalty units.
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Part 3—Offences on Vehicles or Premises
Reg. 301(1) amended by S.R. No. 171/1998 reg.8(2)(a).
301. Behaviour offences
r. 301
(1) A person must not while in or on any rail or road vehicle or any rail premises—
(a) gamble, unless the vehicle or premises is licenced for gambling; or
(b) operate or play any musical instrument, radio, tape player or any other instrument or device capable of emitting sound, unless the sound is contained by the use of headphones; or
(c) throw down, drop or otherwise deposit, except in a receptacle provided for the purpose, any litter, tin, carton, package, paper, glass, food, refuse or other rubbish.
Penalty: 5 penalty units.
(2) A person must not—
Reg. 301(2)(a) amended by S.R. No. 171/1998 reg.8(2)(a).
(a) ride a bicycle, pedal cycle, scooter, moped, skate board, in-line skates, roller skates or similar device on any rail premises, in any rail or road vehicle or on any railway platform; or
Reg. 301(2)(b) amended by S.R. No. 171/1998 reg.8(2)(b) (i)(ii).
(b) drive, carry, ride or lead any animal (other than a dog) on, or allow any animal to stray onto, any rail premises; or
Reg. 301(2)(c) amended by S.R. No. 171/1998 reg.8(2)(c).
(c) bring any dog on to any rail premises unless the dog is properly restrained by a harness or by a lead attached to a collar or choker chain; or
Reg. 301(2)(d) substituted by S.R. No. 171/1998 reg.8(2)(d).
(d) convey or attempt to convey any animal in a rail or road vehicle, except in a compartment set aside for its carriage.
Penalty: 5 penalty units.
Reg. 301(3) amended by S.R. No. 171/1998 reg.8(2)(e).
(3) A person must not while in or on any rail or road vehicle or rail premises—
(a) use any indecent, insulting, obscene, offensive, or threatening language or gesture; or
(b) commit any nuisance or act in a way that is likely to interfere with the comfort of any other person; or
r. 301
(c) convey or attempt to convey any goods, substances or things which are likely to be a source of annoyance or discomfort to any other person or are liable to cause injury to or to endanger any person or to damage the road or rail vehicle or any property; or
Reg. 301(3)(d) amended by S.R. No. 171/1998 reg.8(2)(e).
(d) write, draw or affix any word representation, character or poster on or to any rail or road vehicle or rail premises.
Penalty: 10 penalty units.
Reg. 301(4) amended by S.R. No. 171/1998 reg.8(2)(f)(i).
(4) A person must not while in or upon any rail or road vehicle or rail premises—
(a) behave in a disorderly, indecent, offensive or riotous manner; or
Reg. 301(4)(b) amended by S.R. No. 171/1998 reg.8(2)(f)(ii).
(b) destroy, damage, deface, mutilate or injure any property of a passenger transport company, a rail freight operator or Rail Track; or