Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Amendment Regulations 2017

Authorised by the Chief Parliamentary Counsel Authorised Version i Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Amendment Regulations 2017 S.R. No. 49/2017 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 2 3 Commencement 2 4 Principal Regulations 2 5 Definitions 2 6 Carriage of bicycles 3 7 Unauthorised entering and leaving vehicles and premises 3 8 Smoking on public transport vehicles or premises 4 9 Graffiti 5 10 Exception—using public transport without valid ticket but taking all reasonable steps—regulation 54 5 11 Exception—using public transport without valid ticket but taking all reasonable steps—regulation 61 5 12 Parking at designated park and ride facilities 6 13 Request to leave vehicle or premises 6 14 Designated park and ride facilities 7 15 Prescribed equipment 7 ═════════════ Endnotes 8 -- 1 of 9 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2017 S.R. No. 49/2017 Transport (Compliance and Miscellaneous) Act 1983 Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Amendment Regulations 2017 The Governor in Council makes the following Regulations: Dated: 14 June 2017 Responsible Minister: JACINTA ALLAN Minister for Public Transport ANDREW ROBINSON Clerk of the Executive Council 1 Objectives The objectives of these Regulations are to amend the Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015— (a) to prohibit the use of e-cigarettes on public transport vehicles and premises; and (b) to extend the operation of Part 5 of those Regulations, which would otherwise expire on 30 June 2017, and prescribe new designated park and ride facilities; and -- 2 of 9 -- Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Amendment Regulations 2017 S.R. No. 49/2017 2 Authorised by the Chief Parliamentary Counsel (c) to make consequential changes to those Regulations to reflect changes made to the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017; and (d) to make other minor amendments to improve the operation of the Regulations. 2 Authorising provision These Regulations are made under sections 56, 215, 221AA, 230AH, 249B and 256 of the Transport (Compliance and Miscellaneous) Act 1983. 3 Commencement (1) Subject to subregulations (2) and (3), these Regulations come into operation on 29 June 2017. (2) Regulations 5, 7, 8(2), (3) and (5), 10, 11, 13 and 15 come into operation on 1 July 2017. (3) Regulation 8(1) and (4) come into operation on 1 August 2017. 4 Principal Regulations In these Regulations, the Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015 1 are called the Principal Regulations. 5 Definitions In regulation 5 of the Principal Regulations— (a) insert the following definition— "compulsory ticket area has the same meaning as in the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017;"; (b) omit the definition of designated area; -- 3 of 9 -- Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Amendment Regulations 2017 S.R. No. 49/2017 3 Authorised by the Chief Parliamentary Counsel (c) for the definition of passenger vehicle substitute— "passenger vehicle has the same meaning as in the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017;"; (d) for the definition of ticket substitute— "ticket has the same meaning as in the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017;"; (e) for the definition of valid ticket substitute— "valid ticket means a ticket that was valid, in accordance with the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017, for the whole of a person's travel in a passenger vehicle;". 6 Carriage of bicycles For regulation 11(5) of the Principal Regulations substitute— "(5) Subregulation (4) does not apply to— (a) a bus on which a V/Line name or logo is affixed or displayed and that is equipped to carry bicycles; or (b) a bus that is being used to replace a V/line passenger service.". 7 Unauthorised entering and leaving vehicles and premises In regulation 14(3) and (4) of the Principal Regulations, for "designated area" substitute "compulsory ticket area". -- 4 of 9 -- Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Amendment Regulations 2017 S.R. No. 49/2017 4 Authorised by the Chief Parliamentary Counsel 8 Smoking on public transport vehicles or premises (1) In regulation 32(1) of the Principal Regulations, for "smoke tobacco or any other substance" substitute "smoke". (2) In regulation 32(1)(d) of the Principal Regulations, for "designated area" substitute "compulsory ticket area". (3) In regulation 32(3) of the Principal Regulations— (a) for "designated areas other than train platforms and tram stop platforms" substitute "compulsory ticket areas other than train platforms, tram stop platforms"; (b) in paragraphs (a) and (b), for "designated area" substitute "compulsory ticket area". (4) In regulation 32(4) of the Principal Regulations insert the following definitions— "e-cigarette has the same meaning as in the Tobacco Act 1987; smoke means— (a) smoke, hold or otherwise have control over, an ignited or heated tobacco product; or (b) use an e-cigarette to generate or release an aerosol or vapour; or (c) smoke any other substance; tobacco product has the same meaning as in the Tobacco Act 1987;". (5) In regulation 32(4) of the Principal Regulations, in paragraph (b) of the definition of occupier, for "designated area" substitute "compulsory ticket area". -- 5 of 9 -- Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Amendment Regulations 2017 S.R. No. 49/2017 5 Authorised by the Chief Parliamentary Counsel 9 Graffiti For regulation 37 of the Principal Regulations substitute— "37 Graffiti A person must not, in or on any public transport vehicle or public transport premises, without appropriate written authorisation— (a) write or draw any word, representation or character; or (b) affix any poster. Penalty: 20 penalty units.". 10 Exception—using public transport without valid ticket but taking all reasonable steps—regulation 54 In regulation 54(1) of the Principal Regulations— (a) for "12 and 14 of the Transport (Ticketing) Regulations 2006" substitute "13, 15 and 16 of the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017"; and (b) in paragraph (a), for "6(1) or 7(2) of the Transport (Ticketing) Regulations 2006" substitute "7(1) or 8(2) of the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017". 11 Exception—using public transport without valid ticket but taking all reasonable steps—regulation 61 In regulation 61(1) of the Principal Regulations— (a) for "12 and 14 of the Transport (Ticketing) Regulations 2006" substitute "13, 15 and 16 of the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017"; and -- 6 of 9 -- Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Amendment Regulations 2017 S.R. No. 49/2017 6 Authorised by the Chief Parliamentary Counsel (b) in paragraph (a), for "6(1) or 7(2) of the Transport (Ticketing) Regulations 2006" substitute "7(1) or 8(2) of the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017". 12 Parking at designated park and ride facilities In regulation 64 of the Principal Regulations, for "30 June 2017" substitute "30 June 2019". 13 Request to leave vehicle or premises For regulation 66(3) of the Principal Regulations substitute— "(3) An authorised person (conduct) may ask a person to leave a public transport vehicle or public transport premises if the authorised person (conduct) reasonably believes that— (a) if the public transport vehicle is a passenger vehicle, the person has failed to comply with regulation 8(2) of the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017 in respect of travel in that passenger vehicle; or (b) the person has failed to comply with regulation 7(2), 9(2) or 11(3) of the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017 in respect of an entry to a compulsory ticket area that is part of the public transport premises; or -- 7 of 9 -- Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Amendment Regulations 2017 S.R. No. 49/2017 7 Authorised by the Chief Parliamentary Counsel (c) if the public transport vehicle is a passenger vehicle, the person has failed to comply with regulation 7(1) or 10(3) of the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017 in respect of travel in that passenger vehicle; or (d) the person has committed an offence against the Act or these Regulations.". 14 Designated park and ride facilities For Schedule 1 to the Principal Regulations substitute— "Schedule 1—Designated park and ride facilities Regulation 5(1) 1. Box Hill Railway Station. 2. Camberwell Railway Station. 3. Heidelberg Railway Station. 4. Geelong Railway Station.". 15 Prescribed equipment In items 16, 17, 22, 23 and 24 of Schedule 2 to the Principal Regulations, for "Transport (Ticketing) Regulations 2006" substitute "Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017". ═════════════ -- 8 of 9 -- Endnotes Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Amendment Regulations 2017 S.R. No. 49/2017 8 Authorised by the Chief Parliamentary Counsel Endnotes 1 Reg. 4: S.R. No. 72/2015. -- 9 of 9 --