Transport (Ticketing and Conduct) Regulations 2005
S.R. No. 69/2005
table of provisions
RegulationPage
RegulationPage
Part 1—Preliminary
1.Objectives
2.Authorising provisions
3.Interpretation
4.Liability for offences
Part 2—Tickets and Conditions of Travel
5.Entry into designated areas
6.Ticket conditions
7.Defaced ticket or concession card
8.Ticket not to be transferred
9.Inspection etc. of ticket
10.Ticket to be validated
11.Vacating seats for persons with special needs
12.Students to vacate seats
13.Occupying unreserved seats
14.Unauthorised travel and seating
Part 3—Conduct Affecting Amenity
15.Placing luggage as directed
16.Playing a musical instrument
17.Operating sound equipment
18.Gambling
19.Selling and busking etc.
20.Dogs on vehicles or rail premises
21.Dogs not to occupy seats
22.Animals not to stray
23.Animals other than dogs
24.Drinking liquor and possessing an open container of liquor
25.Littering
26.Spitting
27.Graffiti
Part 4—General Conduct Affecting Safety
28.Prohibited language and behaviour
29.Committing a nuisance etc.
30.Conveying things likely to annoy, injure or endanger
31.Protruding part of body or object
32.Throwing things
33.Creating an obstruction
34.Entering and leaving
35.Riding a bicycle etc.
36.Driving or riding a vehicle on rail premises
37.Mounting a place not intended for travel etc.
38.Travelling in a place not intended for travel etc.
Part 5—Railway and Tramway Tracks
39.Crossing railway tracks by pedestrians
40.Crossing tramway tracksby pedestrians
41.Entering a pit between platforms
42.Crossing railway and tramway tracks
43.Overdimensional vehicles crossing tracks
44.Animals on railway tracks
45.Placing things on tracks
Part 6—Interfering with Equipment or Property
46.Operating doors
47.Operating automatic doors
48.Damage
49.Fire
50.Applying brake or emergency device
51.Stopping a rail vehicle or road vehicle
52.Operating equipment
53.Permitting drainage
Part 7—Powers
54.Request to leave vehicle and power to remove
Part 8—Expiry of Regulations
55.Expiry
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SCHEDULE—Charges for Crossing Railway and Tramway
Tracks with Overdimensional Vehicles etc.
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ENDNOTES
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Transport (Ticketing and Conduct) Regulations 2005
S.R. No. 69/2005
statutory rules 2005
S.R. No. 69/2005
1
Transport (Ticketing and Conduct) Regulations 2005
S.R. No. 69/2005
Transport Act 1983
1
Transport (Ticketing and Conduct) Regulations 2005
S.R. No. 69/2005
Transport (Ticketing and Conduct) Regulations 2005
1
Transport (Ticketing and Conduct) Regulations 2005
S.R. No. 69/2005
The Governor in Council makes the following Regulations:
Dated: 28 June 2005
Responsible Minister:
PETER BATCHELOR
Minister for Transport
RUTH LEACH
Acting Clerk of the Executive Council
Part 1—Preliminary
1.Objectives
The objectives of these Regulations are to—
(a)prescribe ticket conditions in relation to the alteration of services;
(b)regulate the use of tickets and other behaviour with the intention of reducing fare evasion and minimising the consequential revenue losses incurred by public transport operators and the State;
(c)regulate the use of seating and other accommodation on public transport vehicles having regard to fairness and community standards;
(d)regulate the conduct of persons on and in relation to public transport vehicles and premises to oblige persons—
(i)travelling on public transport or being on public transport premises to behave in a way that does not unnecessarily disturb others;
(ii)travelling on public transport or being on public transport premises to behave safely and in a way that does not cause harm, or is not likely to cause harm, to themselves or others;
(iii)crossing railways or tramways or otherwise interacting with tracks to behave safely and in a way that does not cause harm, or is not likely to cause harm, to themselves or others;
(iv)to make use of public transport equipment in a way that does not cause harm, or is not likely to cause harm, to themselves or others, and not damage property.
2.Authorising provisions
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These Regulations are made under sections 56, 162, 249B and 256 of the Transport Act 1983.
3.Interpretation
(1)In these Regulations—
"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 vehicle or a 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 purposes of these Regulations;
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"bicycle"means a vehicle with one or more wheels that is built to be propelled by human power through a belt, chain or gears (whether or not it has an auxiliary motor), and—
(a)includes a pedicab, penny-farthing, scooter, tricycle and unicycle;
(b)does not include a wheelchair, wheeled recreational device, wheeled toy, or any vehicle with an auxiliary motor capable of generating a power output over 200watts (whether or not the motor is operating);
"designated area" means—
(a)an area of land or an area within premises owned or occupied by a passenger transport company that is designated by the passenger transport company by means of signs in or near the area as an area for entry to which a ticket is required; or
(b)if a railway station is specified by the Secretary in a notice published in the Government Gazette—
(i)a platform at that station; and
(ii)a waiting room or area adjoining a platform if access to the platform from the room or area is not gained past one or more ticket validating machines or one or more ticket barriers; and
(iii)an area between a platform and any ticket validating machine or ticket barrier past which access is gained to the platform;
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Diagram 1:A designated area at a specified railway station with an island platform
Diagram 2:A designated area at a specified railway station with side platforms
"designated tramway tracks" means—
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(a)the tramway tracks that run from the Whiteman Street tram stop to the StKilda Station tram stop; or
(b)the tramway tracks that run from the Whiteman Street tram stop to the Port Melbourne tram stop;
Diagram 3:Designated tramway tracks
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"level crossing" means—
(a)an area where a road and railway tracks cross at substantially the same level, whether or not there is a level crossing sign on the road at all or any of the entrances to the area; or
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(b)an area where a road and tramway tracks cross at substantially the same level and that has a level crossing sign on the road at each entrance to the area;
Diagram 4:Level crossing sign
Diagram 5:Level crossing sign
"passenger service" has the same meaning as it has in section 3 of the Rail Corporations Act 1996;
"pedestrian"includes—
(a)a person driving a motorised wheelchair that cannot travel at over 10kilometres per hour (on level ground); and
(b)a person in a non-motorised wheelchair; and
(c)a person pushing a motorised or non-motorised wheelchair;
"rail premises" means any land, building, premises or structure owned, occupied or leased by—
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(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;
"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;
"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;
"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 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 vehicle or a road vehicle or to be in a designated area;
"ticket barrier" means an electronic or other barrier which is intended to be used to regulate access to or egress from part of a railway station that is a designated area;
"ticket validating device" means—
(a)a ticket validating machine; or
(b)an electronic ticket barrier which includes the facility to electronically validate tickets when a ticket is inserted into the barrier or presented to the barrier for scanning;
"ticket validating machine" means a machine which is designed and intended to be used to electronically validate tickets when a ticket is inserted into the machine or presented to the machine for scanning;
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"tramway track"means a tramway track used by a passenger transport company to operate a tramway for the carriage of passengers;
"travel concession card" means a card—
(a)issued by a State or Commonwealth government department or a passenger transport company or a bus company; and
(b)accepted by a passenger transport company as entitling the holder to travel on rail vehicles or road vehicles at concessional rates;
"vehicle"means a conveyance that is designed to be propelled or drawn by any means, whether or not capable of being so propelled or drawn, and includes—
(a)a motor vehicle;
(b)a trailer;
(c)a tram;
(d)a train;
(e)a bicycle;
(f)an air-cushion vehicle;
(g)an animal that is being ridden or is drawing a vehicle;
(h)a combination of motor vehicles consisting of a motor vehicle connected to one or more vehicles—
but does not include—
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(i)a wheelchair other than a motorised wheelchair capable of a speed of 10kilometres per hour or more; or
(j)a wheeled recreational device; or
(k)a wheeled toy;
"wheeled recreational device"means a wheeled device, built to transport a person, propelled by human power or gravity, and ordinarily used for recreation or play, and—
(a)includes rollerblades, rollerskates, a skateboard or similar wheeled device;
(b)does not include a golf buggy, pram, stroller or trolley, or a bicycle, wheelchair or wheeled toy;
"wheeled toy"means a child's pedal car, scooter or tricycle or a similar toy.
(2)Any diagrams used in these Regulations are for illustrative purposes only and are not intended to be a comprehensive depiction of the situation they illustrate or to extend the meaning of the regulation to which they relate.
4.Liability for offences
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An authorised person and an employee, contractor or agent of a passenger transport company, a rail freight operator or Rail Track are not liable for an offence under these Regulations for anything done in the course of duty by that person.
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Part 2—Tickets and Conditions of Travel
5.Entry into designated areas
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A person must not enter a designated area unless the person holds a ticket authorising that entry.
6.Ticket conditions
(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 asto—
(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)A ticket issued by or on behalf of a passenger transport company remains the property of the company at all times.
7.Defaced ticket or concession card
A person must not, without reasonable excuse, use or tender to an authorised person—
(a)a ticket—
(i)that has been altered, defaced, mutilated or made illegible in any material particular; or
(ii)in or on which information stored in a magnetic stripe or electronic chip has been altered or destroyed or made inaccessible, in any material particular; or
(b)a travel concession card that has been altered, defaced, mutilated or made illegible in any material particular.
Penalty:10 penalty units.
8.Ticket not to be transferred
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(1)A person who has begun to use a ticket that has not yet expired must not transfer that ticket to another person unless—
(a)the conditions under which the ticket has been issued permit the transfer; or
(b)the transfer is authorised by an authorised person.
Penalty:5 penalty units.
(2)A ticket is valid for use only by the person who has begun to use it or a person to whom it may be transferred in accordance with sub-regulation (1).
9.Inspection etc. of ticket
An authorised person may request the holder of a ticket to give the ticket to the authorised person to enable the authorised person to—
(a)inspect; or
(b)physically examine—
the ticket at the place where the request is made.
10.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.
11.Vacating seats for persons with special needs
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(1)A person with special needs or another person on that person's behalf or an authorised person may request an occupant to vacate his or her seat to enable it to be occupied by the person with special needs.
(2)An occupant must comply with a request made under sub-regulation (1).
Penalty:5 penalty units.
(3)In this regulation—
"occupant" means a person on a rail vehicle or road vehicle (other than a person with special needs) who occupies a seat that has been designated as a seat for use by a person with special needs;
"person with special needs" means—
(a)a person who, because of age, disability, illness or pregnancy has a special need to travel in a seat; or
(b)the carer of a person referred to in paragraph (a), if the person has a need for that carer's continuing or immediate assistance.
12.Students to vacate seats
(1)An authorised person may request a primary or secondary school student who is using a concession ticket to vacate a seat on a rail vehicle or a road vehicle to enable the seat to be occupied by a person other than a primary or secondary school student if there are no empty seats on the vehicle to which the person has reasonable access.
(2)A student must comply with a request made under sub-regulation (1).
Penalty:5 penalty units.
13.Occupying unreserved seats
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A person must cease occupying an unreserved seat on a rail vehicle, road vehicle or rail premises in addition to the seat in which he or she is sitting if requested by another person or an authorised person to make the seat available for sitting.
Penalty:5 penalty units.
14.Unauthorised travel and seating
(1)A person must not travel in a rail vehicle or a road vehicle, or occupy a compartment, sleeping berth or seat in a rail vehicle or a road vehicle, contrary to any conditions of travel specified in writing by the passenger transport company unless permission is obtained from an authorised person.
Penalty:5 penalty units.
(2)An authorised person may request a person to comply with any conditions of travel referred to in sub-regulation (1).
(3)An authorised person may, on reasonable grounds, request a person in a rail vehicle or a road vehicle to occupy a particular seat in that vehicle.
(4)A person must comply with a request by an authorised person under sub-regulation (2) or (3).
Penalty:5 penalty units.
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Part 3—Conduct Affecting Amenity
15.Placing luggage as directed
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A passenger on a rail vehicle or road vehicle must place luggage carried by that passenger as directed by an authorised person.
Penalty:2 penalty units.
16.Playing a musical instrument
A person must not play a musical instrument in or on a rail vehicle, road vehicle or rail premises unless he or she has written authorisation from the passenger transport company or rail freight operator that operates the rail vehicle or road vehicle or is responsible for the premises or, if Rail Track is responsible for the premises, from Rail Track.
Penalty:5 penalty units.
17.Operating sound equipment
(1)In this regulation "sound equipment" means a radio, cassette player, compact disc player, television, MP3 player, DVD player and any other device capable of producing sound.
(2)Nothing in this regulation applies to a mobile telephone if the mobile telephone is being used to make or receive telephone calls and the calls are not being made using a speaker phone.
(3)A person must not operate any sound equipment in or on a rail vehicle, road vehicle or rail premises unless the sound is contained by the use of headphones or is otherwise inaudible to other people.
Penalty:5 penalty units.
18.Gambling
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A person must not gamble in or on a rail vehicle, road vehicle or rail premises unless the vehicle or premises is licensed for gambling.
Penalty:5 penalty units.
19.Selling and busking etc.
(1)A person must not while in or on a rail vehicle, road vehicle or rail premises—
(a)sell, offer to sell or expose for sale any thing; or
(b)hire or offer for hire any thing; or
(c)tout or ply for custom, hire or employment—
unless that conduct is solicited or he or she has written authorisation from the passenger transport company or the rail freight operator that operates the rail vehicle or road vehicle or is responsible for the premises or, if Rail Track is responsible for the premises, from Rail Track.
Penalty:5 penalty units.
(2)A person must not while in or on a rail vehicle, road vehicle or rail premises—
(a)distribute handbills; or
(b)solicit money or goods from any person; or
(c)busk—
unless he or she has written authorisation from the passenger transport company or the rail freight operator that operates the rail vehicle or road vehicle or is responsible for the premises or, if Rail Track is responsible for the premises, from Rail Track.
Penalty:5 penalty units.
20.Dogs on vehicles or rail premises
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(1)A person must not take a dog onto or into a rail vehicle or rail premises unless the dog is—
(a)in a closed container; or
(b)under the effective control of the person through a lead or harness; or
(c)a guide-dog or a guide-dog in training for a person with a sight or hearing impairment.
Penalty:5 penalty units.
(2)A person must not take a dog that has been declared to be a dangerous dog or a menacing dog or a dog that is a restricted breed dog onto or into a rail vehicle or rail premises unless the dog is under the effective control of the person through a lead or harness and it is muzzled in a way that is sufficient to prevent it causing injury by biting.
Penalty:5 penalty units.
(3)A person must not take a dog onto or into a road vehicle unless the dog is—
(a)in a closed container; or
(b)a guide-dog or a guide-dog in training for a person with a sight or hearing impairment.
Penalty:5 penalty units.
(4)A person must not take a dog that has been declared to be a dangerous dog or a menacing dog or a dog that is a restricted breed dog onto or into a road vehicle.
Penalty:5 penalty units.
(5)A person must not take a dog onto a rail vehicle operated by V/Line Passenger Corporation unless the dog is—
(a)in a goods van on a locomotive hauled service; and
(b)in a closed container.
Penalty:5 penalty units.
(6)A person in possession of a dog on a rail vehicle, road vehicle or rail premises must remove any matter emanating from the dog or from the container if the dog is in a container.