Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Transport (Compliance and Miscellaneous)
(Conduct on Public Transport) Regulations 2015
S.R. No. 72/2015
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary 1
1 Objectives 1
2 Authorising provisions 2
3 Commencement 2
4 Revocations 2
5 Definitions 2
6 Liability for offences 9
Part 2—Conduct affecting safety 10
Division 1—General conduct offences 10
7 Conveying or bringing things likely to injure or endanger 10
8 Protruding part of body or object 10
9 Throwing or dropping things 11
10 Creating obstructions 11
11 Carriage of bicycles 11
12 Riding bicycles etc. on public transport vehicles 12
13 Driving, riding or parking a vehicle on public transport
premises 12
14 Unauthorised entering and leaving vehicles and premises 14
15 Travelling in, or mounting of, places not intended for travel 15
Division 2—Interfering with equipment or property offences 16
16 Interference with gates and doors 16
17 Operating bus or equipment 17
18 Applying brake or emergency device on bus 18
19 Prescribed equipment 18
20 Damage to property 18
21 Fires on public transport vehicles and public transport
premises 18
Division 3—Crossing railway and tramway tracks offences 20
22 Crossing railway tracks or designated tramway tracks by
pedestrians 20
23 Driving or riding across railway or designated tramway tracks 21
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24 Stopping or standing on crossings between boom gates 21
25 Entering a pit between platforms or entering onto railway or
tramway tracks 22
Part 3—Conduct affecting amenity 23
26 Indecent, obscene, etc. language and behaviour 23
27 Committing a nuisance or conveying things likely to annoy
etc. 23
28 Musical instruments on public transport vehicles or premises 23
29 Sound equipment on public transport vehicles or premises 24
30 Selling and busking etc. on public transport vehicles or
premises 24
31 Drinking liquor or possessing an open container of liquor on
public transport vehicles or premises 25
32 Smoking on public transport vehicles or premises 26
33 Littering on public transport vehicles or premises 28
34 Spitting 28
35 Feet on seats or other furniture 29
36 Placing luggage as directed 29
37 Graffiti 29
38 Scratching or burning 29
39 Animals on public transport vehicles or premises 30
40 Animals on seats 31
41 Animals not to stray 31
Part 4—Seating on public transport vehicles 32
42 Definition—Part 4 32
43 Person must vacate designated special needs seat for person
with special needs 32
44 Person must vacate seat for person with special needs 32
45 Person must vacate area designated for persons in a
wheelchair 33
46 Occupying unreserved seats 33
47 Unauthorised travel and seating 33
Part 5—Parking at designated park and ride facilities 35
Division 1—Preliminary 35
48 Purpose of Part 35
49 Meaning of driver 35
Division 2—Parking in public transport parking area 35
50 Application of Division 35
51 Person who leaves motor vehicle parked must use public
transport 36
52 Exception—person who does not leave park and ride facility 37
53 Exception—emergencies and other Road Rules matters 38
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54 Exception—using public transport without valid ticket but
taking all reasonable steps 39
Division 3—Removing a motor vehicle parked at a public
transport parking area 40
55 Application of Division 40
56 Person removing motor vehicle must have valid ticket 41
57 Request to produce valid ticket 42
58 Exception—person who does not leave park and ride facility 43
59 Exception—use of public transport by certain other persons 43
60 Exception—emergencies and other Road Rules matters 44
61 Exception—using public transport without valid ticket but
taking all reasonable steps 45
Division 4—Miscellaneous 46
62 Authorisation to park, leave parked and remove a motor
vehicle 46
63 Directions in relation to parking at designated park and ride
facility 47
64 Expiry of Part 48
Part 6—Miscellaneous 49
65 Prosecution for more than one offence 49
66 Request to leave vehicle or premises 50
Schedule 1—Designated park and ride facilities 52
Schedule 2—Prescribed equipment 53
═══════════════
Endnotes 55
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STATUTORY RULES 2015
S.R. No. 72/2015
Transport (Compliance and Miscellaneous) Act 1983
Transport (Compliance and Miscellaneous)
(Conduct on Public Transport) Regulations 2015
The Governor in Council makes the following Regulations:
Dated: 23 June 2015
Responsible Minister:
JACINTA ALLAN
Minister for Public Transport
YVETTE CARISBROOKE
Clerk of the Executive Council
Part 1—Preliminary
1 Objectives
The objectives of these Regulations are—
(a) to regulate the conduct of persons on, and in
relation to, trains, trams, buses and public
transport premises having regard to safety,
fairness and community standards; and
(b) to facilitate comfortable and convenient
travel for passengers on public transport; and
(c) to require persons crossing railway tracks or
tramway tracks or otherwise interacting with
tracks to do so in a safe manner; and
(d) to require persons travelling in or on trains,
trams and buses or being on public transport
premises—
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(i) to behave safely and in a way that does
not cause harm, or is not likely to cause
harm, to themselves or others; and
(ii) to behave in a way that does not
unnecessarily disturb others; and
(iii) to use public transport equipment in a
way that does not cause harm, or is not
likely to cause harm, to themselves or
others; and
(iv) to not damage property; and
(e) to regulate the parking of motor vehicles at
designated park and ride facilities.
2 Authorising provisions
These Regulations are made under sections 56,
249B and 256 of the Transport (Compliance
and Miscellaneous) Act 1983.
3 Commencement
These Regulations commence on 27 June 2015.
4 Revocations
(1) The Transport (Conduct) Regulations 20051 are
revoked.
(2) The Transport (Passenger Vehicles) Regulations
2005 2 are revoked.
5 Definitions
(1) In these Regulations—
appropriate written authorisation means written
authorisation from—
(a) in relation to a public transport vehicle,
the passenger transport company, rail
freight operator or bus company that
operates the public transport vehicle; or
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(b) in relation to public transport premises,
the owner or occupier of the public
transport premises;
authorised officer has the same meaning as in
section 208 of the Act;
authorised person (conduct) means—
(a) an authorised officer; or
(b) a police officer; or
(c) a protective services officer; or
(d) a person employed by a passenger
transport company or a bus company
who has duties in relation to the issue,
inspection or collection of tickets for
travel in, or the operation of, a
passenger vehicle; or
(e) any other person appointed in writing
by a passenger transport company or
bus company or rail freight operator,
Rail Track, or the Secretary or the
Public Transport Development
Authority for the purposes of these
Regulations; or
(f) if a bus company is a natural person,
that person;
bicycle has the same meaning as in the Road
Rules;
bus premises has the same meaning as in the
Transport (Safety Schemes Compliance
and Enforcement) Act 2014;
designated area has the same meaning as in the
Transport (Ticketing) Regulations 2006;
designated park and ride facility means a park
and ride facility within the meaning of the
Road Safety Act 1986 that is located at or
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adjacent to a railway station specified in
Schedule 1;
designated special needs seat means a seat
designated for use by a person with special
needs;
designated tramway tracks means—
(a) the tramway tracks that run from the
Whiteman Street tram stop to the
St Kilda Station tram stop; or
(b) the tramway tracks that run from the
Whiteman Street tram stop to the Port
Melbourne tram stop;
exempt vehicle means—
(a) a taxi-cab within the meaning of
section 86(1) of the Act; or
(b) a hire car within the meaning of
section 86(1) of the Act; or
(c) an emergency vehicle within the
meaning of the Road Rules; or
(d) an enforcement vehicle within the
meaning of the Road Rules; or
(e) an escort vehicle within the meaning of
the Road Safety (Vehicles) Regulations
2009; or
(f) a public bus within the meaning of the
Road Rules;
level crossing means—
(a) an area where a road and a railway
meet 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 meet at substantially the same
level and that has a level crossing sign
on the road at each entrance to the area.
Diagram 1: Level crossing sign
Diagram 2: Level crossing sign
metropolitan train means a train—
(a) powered by electricity that operates on
the metropolitan rail network; or
(b) operated for the purpose of a rail
service running between the Frankston
railway station and the Stony Point
railway station;
motor vehicle has the same meaning as in the
Road Safety Act 1986;
park has the same meaning as in Part 12 of the
Road Rules;
passenger vehicle has the same meaning as in the
Transport (Ticketing) Regulations 2006;
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pedestrian includes—
(a) a person in a motorised wheelchair that
cannot travel at a speed of more than
10 kilometres 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;
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 that person has a need
for the carer's continuing or immediate
assistance;
protective services officer has the same meaning
as in the Victoria Police Act 2013;
public transport parking area means the area of a
designated park and ride facility other than
any area of the facility to which any of the
following parking control signs applies at
any time—
(a) a bus zone sign within the meaning of
the Road Rules;
(b) a permit zone sign within the meaning
of the Road Rules;
(c) a taxi zone sign within the meaning of
the Road Rules;
public transport premises means —
(a) railway premises; or
(b) bus premises;
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public transport vehicle means a train, a tram or a
bus operated by a passenger transport
company, a rail freight operator or a bus
company;
railway 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; or
(d) Public Transport Development
Authority;
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;
Road Rules means the Road Safety Road
Rules 2009;
stop has the same meaning as in Part 12 of the
Road Rules;
the Act means the Transport (Compliance and
Miscellaneous) Act 1983;
ticket has the same meaning as in the Transport
(Ticketing) Regulations 2006;
tow truck has the same meaning as in the
Accident Towing Services Act 2007;
train includes a single carriage (whether powered
or not) which does not form part of a set or
series of carriages;
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tram stop platform means a tram stop that has a
raised platform other than where the
platform forms part of a road;
tramway track has the same meaning as in
section 221U of the Act;
valid ticket means a ticket that was valid, in
accordance with the Transport (Ticketing)
Regulations 2006, for the whole of a person's
travel in a passenger vehicle;
vehicle means a conveyance that is designed to be
propelled or drawn by any means, whether or
not it is capable of being so propelled or
drawn, and includes—
(a) a motor vehicle;
(b) a trailer;
(c) a bicycle;
(d) an air-cushion vehicle;
(e) an animal that is being ridden or that is
drawing a vehicle;
(f) a combination of vehicles consisting of
a motor vehicle connected to one or
more vehicles—
but does not include—
(g) a wheelchair other than a motorised
wheelchair capable of a speed of
10 kilometres per hour or more; or
(h) a wheeled recreational device; or
(i) a wheeled toy;
wheelchair has the same meaning as in the Road
Rules;
wheeled recreational device has the same
meaning as in the Road Rules;
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wheeled toy has the same meaning as in the Road
Rules.
(2) For the purposes of these Regulations, the fact that
a tramway is not laid entirely in public streets or
roads does not prevent a vehicle running on that
tramway from being characterised as a tram.
(3) 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.
6 Liability for offences
An authorised person (conduct) or an employee,
contractor or agent of a passenger transport
company, a rail freight operator, a bus company or
Rail Track is not liable for an offence under these
Regulations for anything reasonably done in the
course of their duties.
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Part 2—Conduct affecting safety
Division 1—General conduct offences
7 Conveying or bringing things likely to injure or
endanger
(1) A person in or on a public transport vehicle or
public transport premises must not convey or
bring, or attempt to convey or bring, any thing that
is likely to injure or endanger another person or
damage property.
Penalty: 10 penalty units.
Example
An example of a thing which may be a thing that is likely to
injure or endanger any person or likely to damage property
is an explosive device or petrol contained in a fuel tank.
(2) A person must not convey or bring, or attempt to
convey or bring, any thing into or onto a public
transport vehicle or public transport premises if an
employee of a passenger transport company, a rail
freight operator, Rail Track or a bus company has,
in the course of the employee's duties, informed
the person that the thing is likely to injure or
endanger any person or likely to damage the
public transport vehicle or any property if it is
conveyed or brought into or onto the public
transport vehicle or public transport premises.
Penalty: 15 penalty units.
8 Protruding part of body or object
A person in a public transport vehicle that is in
motion must not protrude or cause to protrude,
from a door, window or hatch of the vehicle any,
or any part, of the following—
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(a) the person's body;
(b) another person's body;
(c) an object.
Penalty: 10 penalty units.
9 Throwing or dropping things
A person must not, without reasonable excuse—
(a) throw any thing from or at a public transport
vehicle or public transport premises; or
(b) drop any thing from a public transport
vehicle or public transport premises.
Penalty: 10 penalty units.
10 Creating obstructions
(1) A person in or on a public transport vehicle or
public transport premises must not create an
obstruction without reasonable excuse.
Penalty: 10 penalty units.
(2) A person in or on a public transport vehicle or
public transport premises must not do anything
which is likely to cause an obstruction without
reasonable excuse.
Penalty: 10 penalty units.
11 Carriage of bicycles
(1) A person must not bring a bicycle into a
metropolitan train through the first door of the
first carriage of that train.
Penalty: 10 penalty units.
(2) A person must not be in possession of a bicycle
near the first door inside the first carriage of a
metropolitan train.
Penalty: 10 penalty units.
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(3) A person must not bring a bicycle, other than a
folding bicycle—
(a) into or onto a tram; or
(b) onto a tram stop platform.
Penalty: 10 penalty units.
(4) Subject to subregulation (5), a person must not
bring a bicycle, other than a folding bicycle, into
or onto a bus that is a public transport vehicle.
Penalty: 10 penalty units.
(5) Subregulation (4) does not apply to a bus
equipped to carry bicycles that is being used to
replace a V/Line passenger service.
(6) In this regulation, a folding bicycle means a
bicycle that can be folded.
12 Riding bicycles etc. on public transport vehicles
A person must not ride a bicycle, wheeled
recreational device or wheeled toy in or on a
public transport vehicle.
Penalty: 10 penalty units.
13 Driving, riding or parking a vehicle on public
transport premises
(1) A person must not drive, ride or park a vehicle on
any part of public transport premises that is not
designated for the use of vehicles of that type.
Penalty: 10 penalty units.
(2) A person who drives, rides or parks a vehicle on
public transport premises must obey all parking
control signs that apply to the premises.
Penalty: 10 penalty units.
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(3) A person who drives or rides a vehicle or wheeled
recreational device on public transport premises
must obey all traffic control devices that apply to
the premises.
Penalty: 10 penalty units.
(4) A person must not drive or ride a vehicle or a
wheeled recreational device on public transport
premises in a manner likely to cause injury to or
to endanger any person or to damage property.
Penalty: 10 penalty units.
(5) A person must not park a vehicle on public
transport premises in a manner likely to cause an
obstruction.
Penalty: 10 penalty units.
(6) A person must comply with any direction
(whether given orally, in writing or otherwise)
about driving, riding, stopping, removing or
parking of vehicles or wheeled recreational
devices given to the person by an authorised
person (conduct) while the person is driving or
riding a vehicle or riding a wheeled recreational
device on public transport premises.
Penalty: 10 penalty units.
Example
An example of a direction given other than orally or in
writing is a direction given by means of a hand signal.
(7) In this regulation—
parking control sign has the same meaning as in
the Road Rules;
traffic control device has the same meaning as in
the Road Rules.
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14 Unauthorised entering and leaving vehicles and
premises
(1) A person must not, without reasonable excuse,
enter or leave, or attempt to enter or leave a public
transport vehicle while the vehicle is in motion.
Penalty: 10 penalty units.
(2) A person must not, without reasonable excuse or
the permission of an authorised person (conduct),
enter or leave or attempt to enter or leave a train
or tram that stops next to a platform other than by
a doorway next to the platform unless such a
doorway is unavailable.
Penalty: 10 penalty units.
(3) A person must not, without reasonable excuse or
the permission of an authorised person (conduct),
enter or leave or attempt to enter or leave a public
transport vehicle, public transport premises or a
designated area other than through an entrance or
exit provided for passengers or the public.
Penalty: 10 penalty units.
(4) A person must not, without reasonable excuse or
the permission of an authorised person (conduct),
enter or leave or attempt to enter or leave a public
transport vehicle, public transport premises or a
designated area through an emergency exit other
than in an emergency.
Penalty: 10 penalty units.
(5) A person must not, without reasonable excuse or
the permission of an authorised person (conduct),
jump or climb over any barrier on public transport
premises.
Penalty: 10 penalty units.
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(6) A person must not, without reasonable excuse or
the permission of an authorised person (conduct),
enter or attempt to enter a public transport vehicle
if the vehicle has stopped only for passengers to
leave.
Penalty: 10 penalty units.
(7) A person must not, without reasonable excuse or
the permission of an authorised person (conduct),
leave or attempt to leave a public transport vehicle
if the vehicle has stopped only for passengers to
enter.
Penalty: 10 penalty units.
15 Travelling in, or mounting of, places not intended
for travel
(1) This regulation applies to a bus that is a public
transport vehicle.
(2) A person must not, without reasonable excuse,
travel or attempt to travel on a part of a bus not
intended for the purpose of travel.
Penalty: 20 penalty units.
Note
It is an offence against section 221ZE(1) of the Act to travel
on a part of a train or tram not intended for travel.
(3) A person must not, without reasonable excuse,
mount or attempt to mount any part of a bus not
intended for the purpose of travel by passengers.
Penalty: 15 penalty units.
Note
It is an offence against section 221ZD(1) of the Act to
mount any part of a train or tram not intended for travel.
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(4) A person must not, without reasonable excuse,
step, stand, sit, kneel or lie on or hold onto an
exterior part of a public transport vehicle while
the vehicle is in motion.
Penalty: 10 penalty units.
(5) A rider of a bicycle or a person in or on a wheeled
recreational device or wheeled toy must not attach
or attempt to attach himself or herself or another
person or the bicycle, wheeled recreational device
or wheeled toy to the exterior of a bus for any
purpose.
Penalty: 20 penalty units.
Note
It is an offence against section 221ZE(2) of the Act for a
person to attach themselves or a bicycle, wheeled
recreational device or wheeled toy to a train or tram.
(6) Subregulation (5) does not apply to a person who
secures a bicycle to a bicycle rack or other similar
fixture attached to the exterior of a bus with the
permission of the bus driver.
Division 2—Interfering with equipment or property
offences
16 Interference with gates and doors
A person in or on any public transport vehicle or
on public transport premises must not, without
reasonable excuse—
(a) unlock a lock or open a locked door; or
(b) lock any unlocked door; or
(c) open or interfere with any locked gate or
door; or
(d) close or interfere with any unlocked or
opened gate or door; or
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(e) prevent or attempt to prevent an automatic
door from opening or closing; or
(f) if the release mechanism of an automatic
door is operated by an authorised person
(conduct), open or attempt to open the
automatic door before the release mechanism
is operated by the authorised person
(conduct); or
(g) make use of the door in a manner likely to
cause damage to the release or closing
mechanism connected to the door; or
(h) open or hold open any door on any public
transport vehicle while the vehicle is in
motion if the door provides access to the
outside of the vehicle.
Penalty: 20 penalty units.
17 Operating bus or equipment
A person must not, without reasonable excuse—
(a) move or attempt to move; or
(b) interfere or attempt to interfere with; or
(c) tamper or attempt to tamper with; or
(d) operate or attempt to operate—
a bus that is a public transport vehicle or any
equipment on or in that bus.
Penalty: 20 penalty units.
Note
It is an offence against section 221ZH(1) of the Act for a
person to move, interfere with, tamper or operate, or attempt
to do any of these things to a train or tram or equipment on
the train or tram.
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18 Applying brake or emergency device on bus
A person must not, without reasonable excuse,
apply any brake or make use of any emergency
device fitted to a bus that is a public transport
vehicle.
Penalty: 20 penalty units.
Note
It is an offence against section 221ZF of the Act for a person
to apply any brake or make use of any emergency device
fitted to a train or tram.
19 Prescribed equipment
The equipment set out in Schedule 2 is prescribed
equipment for the purposes of section 222B(1) of
the Act.
20 Damage to property
A person must not destroy, damage or deface any
property belonging to, occupied by, leased by or
otherwise under the control of a passenger
transport company, a rail freight operator, Rail
Track or a bus company.
Penalty: 20 penalty units.
21 Fires on public transport vehicles and public
transport premises
(1) A person must not light a fire in or on a public
transport vehicle.
Penalty: 20 penalty units.
(2) A person must not light a fire in or on public
transport premises without appropriate written
authorisation.
Penalty: 20 penalty units.
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(3) A person must not leave a fire that has been lit by
that person in or on public transport premises until
the fire is completely extinguished.
Penalty: 20 penalty units.
(4) A person must not bring any burning substance
into or onto a public transport vehicle, or by any
act or omission, cause a burning substance to be
brought into or onto a public transport vehicle.
Penalty: 20 penalty units.
(5) A person must not bring any burning substance
into or onto public transport premises, or by any
act or omission, cause a burning substance to be
brought into or on to public transport premises, in
circumstances likely to cause injury to or to
endanger any person or to damage any property.
Penalty: 20 penalty units.
(6) A person must not throw or drop any burning
substance onto or from any public transport
vehicle or public transport premises.
Penalty: 20 penalty units.
(7) A person must not by any act or omission cause a
burning substance to be thrown or dropped onto or
from any public transport vehicle or public
transport premises.
Penalty: 20 penalty units.
(8) A person must not throw any burning substance at
a public transport vehicle or public transport
premises.
Penalty: 20 penalty units.
(9) In this regulation, burning substance includes a
cigarette or cigar or any part of a cigarette or
cigar.
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Division 3—Crossing railway and tramway tracks
offences
22 Crossing railway tracks or designated tramway
tracks by pedestrians
(1) A pedestrian must not cross or attempt to cross
railway tracks or designated tramway tracks other
than at a place provided for crossing by
pedestrians unless directed to do so by an
authorised person (conduct).
Penalty: 10 penalty units.
(2) A pedestrian must not cross or attempt to cross
railway tracks or designated tramway tracks at a
place provided for crossing by pedestrians if—
(a) gates at the crossing or at an adjacent vehicle
crossing are closed or locked; or
(b) warning signals or devices are operating at
the crossing or at an adjacent vehicle
crossing; or
(c) a train or tram can be seen or heard
approaching and there is a danger of a
collision with the train or tram if the
pedestrian enters the crossing; or
(d) a train or tram is on or entering the crossing;
or
(e) the crossing or the path beyond the crossing
is blocked; or
(f) the pedestrian is directed not to do so by an
authorised person (conduct).
Penalty: 10 penalty units.
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23 Driving or riding across railway or designated
tramway tracks
(1) A person must not drive or ride or attempt to drive
or ride a vehicle or wheeled recreational device
across railway tracks or designated tramway
tracks at a place other than a level crossing.
Penalty: 20 penalty units.
(2) A person must not drive or ride or attempt to drive
or ride a vehicle or wheeled recreational device
across railway tracks or designated tramway
tracks at a level crossing if—
(a) warning signals or devices are operating at
the crossing; or
(b) gates at the crossing are closed or locked; or
(c) a train or tram can be seen or heard
approaching and there is a danger of a
collision with the train or tram if the driver
or rider enters the crossing; or
(d) the crossing or the road beyond the crossing
is blocked; or
(e) a train or tram is on or entering the crossing;
or
(f) the person is directed not to do so by an
authorised person (conduct).
Penalty: 20 penalty units.
24 Stopping or standing on crossings between boom
gates
(1) A person who drives or rides a vehicle or wheeled
recreational device across railway tracks or
designated tramway tracks must not stop the
vehicle or wheeled recreational device on a level
crossing between boom gates.
Penalty: 20 penalty units.
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(2) A pedestrian must not stop on a level crossing
between boom gates or enter an area between
boom gates if—
(a) the boom gates are closed; or
(b) the pedestrian is directed not to do so by an
authorised person (conduct).
Penalty: 20 penalty units.
25 Entering a pit between platforms or entering onto
railway or tramway tracks
(1) A person must not, without reasonable excuse,
enter a place between 2 platforms in which there
is a railway track other than at a place provided
for crossing by pedestrians.
Penalty: 20 penalty units.
(2) A person must not, without reasonable excuse,
enter a place between 2 platforms in which there
is a tramway track other than at a place provided
for crossing by pedestrians.
Penalty: 20 penalty units.
(3) A person must not, without reasonable excuse,
descend from a platform onto a railway track or
designated tramway track other than at a place
provided for crossing by pedestrians.
Penalty: 20 penalty units.
(4) A person must not, without reasonable excuse,
enter onto a railway track or designated tramway
track other than at a place provided for crossing
by pedestrians.
Penalty: 20 penalty units.
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Part 3—Conduct affecting amenity
26 Indecent, obscene, etc. language and behaviour
A person in or on a public transport vehicle or
public transport premises must not—
(a) use indecent, obscene, offensive or
threatening language; or
(b) behave in an indecent, obscene, offensive,
threatening, disorderly or riotous manner.
Penalty: 10 penalty units.
27 Committing a nuisance or conveying things likely to
annoy etc.
(1) A person in or on a public transport vehicle or
public transport premises must not convey, bring
or attempt to convey or bring any thing that is
likely to annoy or disturb another person.
Penalty: 5 penalty units.
(2) A person in or on a public transport vehicle or
public transport premises must not commit a
nuisance or act in a way that is likely to interfere
with the comfort of another person.
Penalty: 10 penalty units.
28 Musical instruments on public transport vehicles or
premises
A person must not play a musical instrument in or
on a public transport vehicle or public transport
premises without appropriate written
authorisation.
Penalty: 5 penalty units.
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29 Sound equipment on public transport vehicles or
premises
(1) A person must not operate any sound equipment
in or on a public transport vehicle or public
transport premises unless—
(a) the sound from the equipment is contained
by the use of headphones; or
(b) is otherwise inaudible to other persons in or
on the vehicle or premises; or
(c) the person has appropriate written
authorisation.
Penalty: 5 penalty units.
(2) In this regulation, sound equipment means a
radio, cassette player, compact disc player, smart
phone, tablet, television, MP3 player, a video
camera or camera capable of producing video,
DVD player or any other device capable of
producing sound, but does not include a mobile
telephone being used to make or receive telephone
calls without the use of a speaker.
30 Selling and busking etc. on public transport vehicles
or premises
(1) A person in or on a public transport vehicle or
public transport premises must not, without
appropriate written authorisation—
(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.
Penalty: 5 penalty units.
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(2) A person in or on a public transport vehicle or
public transport premises must not, without
appropriate written authorisation—
(a) distribute handbills; or
(b) solicit money or goods from any person; or
(c) busk.
Penalty: 5 penalty units.
31 Drinking liquor or possessing an open container of
liquor on public transport vehicles or premises
(1) A person in or on a public transport vehicle or on
public transport premises must not drink from a
container that contains, or purports to contain,
liquor unless the liquor has been purchased from,
and is consumed at, a place that has been
authorised by the relevant passenger transport
company, a rail freight operator, a bus company or
Rail Track as a place where liquor may be
consumed.
Penalty: 5 penalty units.
(2) A person in or on a public transport vehicle or on
public transport premises must not possess an
open container that contains, or purports to
contain, liquor unless the liquor has been
purchased from, and is consumed at, a place that
has been authorised by the relevant passenger
transport company, a rail freight operator, a bus
company or Rail Track as a place where liquor
may be consumed.
Penalty: 5 penalty units.
(3) In this regulation, liquor has the same meaning as
it has in the Liquor Control Reform Act 1998.
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32 Smoking on public transport vehicles or premises
(1) A person must not smoke tobacco or any other
substance in or on any of the following—
(a) a public transport vehicle;
(b) a tram stop shelter or bus stop shelter;
(c) a train platform;
(d) a designated area other than a train platform;
(e) a tram stop platform;
(f) any other public transport premises or part of
public transport premises where a notice is
displayed that smoking on that property or
part is prohibited.
Penalty: 5 penalty units.
(2) A passenger transport company or a bus company
must ensure, so far as is reasonably practicable,
that acceptable no smoking signs are displayed in
a public transport vehicle in places where a person
on that vehicle is reasonably likely to see one or
more of the signs.
Penalty: 5 penalty units.
(3) An occupier or owner of public transport premises
must ensure, so far as is reasonably practicable,
that acceptable no smoking signs are displayed at
tram stop shelters, bus stop shelters, train
platforms, designated areas other than train
platforms and tram stop platforms or other public
transport premises where smoking is prohibited in
a manner in which a person is reasonably likely to
see one or more of the signs—
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(a) when entering the tram stop shelter, bus stop
shelter, train platform, designated area other
than a train platform or tram stop platform;
or
(b) when in or on the tram stop shelter, bus stop
shelter or designated area other than a train
platform; or
(c) when on the train platform or tram stop
platform; or
(d) when in, on or entering the public transport
premises.
Penalty: 5 penalty units.
(4) In this regulation—
acceptable no smoking sign has the same
meaning as in the Tobacco Act 1987;
bus stop shelter means a place where passengers
wait to catch a bus that—
(a) is covered by a shelter or other
structure; and
(b) is public transport property;
occupier means—
(a) in relation to a tram stop shelter or bus
stop shelter, the infrastructure manager
within the meaning of the Road
Management Act 2004 of the stop; or
(b) in relation to a train platform,
designated area other than a train
platform, or tram stop platform, the
relevant passenger transport company
that occupies the area or platform;
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tram stop shelter means a place where passengers
wait to catch a tram that—
(a) is covered by a shelter or other
structure; and
(b) is public transport property.
33 Littering on public transport vehicles or premises
(1) A person must not leave or deposit litter in or on a
public transport vehicle or public transport
premises except in a receptacle provided for that
purpose.
Penalty: 5 penalty units.
(2) A person must not leave or deposit any thing in or
on a public transport vehicle or public transport
premises that may endanger any person or
property except in a receptacle provided for that
purpose.
Penalty: 10 penalty units.
Example
An example of a thing that may endanger a person or
property is a broken glass bottle.
(3) In this regulation, litter has the same meaning as it
has in section 4(1) of the Environment
Protection Act 1970.
34 Spitting
(1) A person must not spit in, on or at a public
transport vehicle or on public transport premises.
Penalty: 10 penalty units.
(2) A person who is in or on a public transport vehicle
or on public transport premises must not spit at or
on another person.
Penalty: 15 penalty units.
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35 Feet on seats or other furniture
(1) A person must not, without reasonable excuse,
place his or her feet on any part of a public
transport vehicle other than—
(a) the floor; or
(b) a part of the vehicle specifically designed for
the placing of feet.
Penalty: 5 penalty units.
(2) A person must not, without reasonable excuse,
place his or her feet on any part of the furniture of
a passenger transport company or bus company
other than furniture or a part of furniture
specifically designed for the placing of feet.
Penalty: 5 penalty units.
36 Placing luggage as directed
A passenger on a public transport vehicle must
place luggage carried by that passenger as directed
by an authorised person (conduct).
Penalty: 5 penalty units.
37 Graffiti
A person must not, without appropriate written
authorisation, write, draw any word,
representation, character, or affix any poster on
any public transport vehicle or public transport
premises.
Penalty: 20 penalty units.
38 Scratching or burning
A person must not scratch or burn a public
transport vehicle or public transport premises.
Penalty: 10 penalty units.
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39 Animals on public transport vehicles or premises
(1) A person must not take any animal onto or into a
public transport vehicle or public transport
premises.
Penalty: 5 penalty units.
(2) Subregulation (1) does not apply if the animal
is—
(a) a guide dog, a hearing dog or a guide dog or
hearing dog in training for a person with a
sight or hearing impairment; or
(b) an assistance animal; or
(c) a small animal that is placed in a suitable
container; or
(d) in the case of a metropolitan train or public
transport premises, a dog that is restrained by
the person by a lead or harness and
prevented from biting by a muzzle.
(3) A person who takes an animal onto or into a
public transport vehicle or onto public transport
premises must remove any matter emanating from
the animal or its container from the vehicle or
premises before leaving the premises or vehicle.
Penalty: 5 penalty units.
(4) An authorised person (conduct) may ask a person
in charge of an animal being carried in a public
transport vehicle or on public transport premises
to remove the animal from the vehicle or premises
if, in the opinion of the authorised person
(conduct), the animal is causing a disturbance or
acting in a manner that poses a risk to the safety of
any person.
(5) A person must remove an animal immediately
after being asked to do so under subregulation (4).
Penalty: 5 penalty units.
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(6) In this regulation—
assistance animal has the same meaning as it has
in the Disability Discrimination Act 1992 of
the Commonwealth;
suitable container means a container that is
designed specifically for the carriage of
animals and is suitable for the animal being
carried in the particular circumstances.
40 Animals on seats
A person who takes an animal onto a public
transport vehicle must not allow the animal or its
container to occupy a seat or be placed in a way
that prevents another person from using a seat.
Penalty: 5 penalty units.
41 Animals not to stray
A person must not allow an animal to stray or
wander onto or into a public transport vehicle or
onto public transport premises.
Penalty: 5 penalty units.
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Part 4—Seating on public transport vehicles
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Part 4—Seating on public transport vehicles
42 Definition—Part 4
In this Part, reserved, in relation to a seat, means
reserved on a V/Line passenger service.
43 Person must vacate designated special needs seat for
person with special needs
If a person who is not a person with special needs
is sitting in a designated special needs seat on a
public transport vehicle or on public transport
premises and is requested to vacate the seat by or
on behalf of a special needs person or by an
authorised person (conduct) to enable a person
with special needs to occupy the seat, that person
must vacate the designated special needs seat.
Penalty: 5 penalty units.
44 Person must vacate seat for person with special
needs
(1) If a person who is not a person with special needs
is sitting in a seat other than a designated special
needs seat on a public transport vehicle or on
public transport premises and is requested to
vacate the seat by or on behalf of a person with
special needs or by an authorised person (conduct)
to enable the person with special needs to occupy
the seat, that person must vacate the seat.
Penalty: 5 penalty units.
(2) This regulation—
(a) does not apply to a person who occupies a
seat that is reserved;
(b) does not apply to a person with special needs
who occupies any seat on a public transport
vehicle or on public transport premises;
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(c) applies if all designated special needs seats
to which a person with special needs has
reasonable access in the bus, tram, carriage
of a train or premises are already occupied
by persons with special needs.
45 Person must vacate area designated for persons in a
wheelchair
If a person who is not a person in a wheelchair is
occupying an area in a public transport vehicle
or on public transport premises designated for use
by a person in a wheelchair, and is requested to
vacate the area by or on behalf of a person in a
wheelchair or by an authorised person (conduct)
to enable the area to be occupied by the person in
the wheelchair, that person must vacate the area.
Penalty: 5 penalty units.
46 Occupying unreserved seats
If a person is using a seat that is not reserved on a
public transport vehicle in addition to the seat on
which that person is sitting and is requested by
another person to make the seat available for the
other person to sit in, the person must make the
seat available.
Example
An example of a person using a seat in addition to the seat
on which the person is sitting is that person placing a bag on
an unoccupied seat.
Penalty: 5 penalty units.
47 Unauthorised travel and seating
(1) A person must not, without obtaining permission
from an authorised person (conduct), occupy a
compartment, sleeping berth, seat or other place in
a public transport vehicle contrary to—
(a) a condition determined by the Secretary
under section 220D(1) of the Act; or
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(b) a condition of travel specified in writing by
the passenger transport company or the bus
company.
Penalty: 5 penalty units.
(2) An authorised person (conduct) may request a
person to comply with a condition referred to in
subregulation (1)(a) or (b).
(3) An authorised person (conduct) may, on
reasonable grounds, request a person in a public
transport vehicle to occupy a particular seat in that
vehicle.
(4) A person must comply with a request made by
an authorised person (conduct) under
subregulation (2) or (3).
Penalty: 5 penalty units.
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Part 5—Parking at designated park and ride facilities
Transport (Compliance and Miscellaneous) (Conduct on Public Transport)
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Part 5—Parking at designated park and ride
facilities
Division 1—Preliminary
48 Purpose of Part
The purpose of this Part is to regulate the parking
of motor vehicles at designated park and ride
facilities so that parking bays at those facilities are
available for users of public transport at times
when those facilities are most used.
49 Meaning of driver
In this Part, driver means a person who is driving,
riding, or otherwise in control of a motor vehicle.
Division 2—Parking in public transport parking
area
50 Application of Division
This Division does not apply to—
(a) a person leaving an exempt vehicle parked in
the course of the person's duty as the driver
of an exempt vehicle; or
(b) a person leaving a motor vehicle parked in
the course of the person's duty as the sheriff,
the deputy sheriff or a sheriff's officer
(within the meaning of the Sheriff Act
2009); or
(c) a person leaving a motor vehicle parked in a
public transport parking area if the person—
(i) has been authorised to do so under
regulation 62 in respect of the
designated park and ride facility at
which the area is located; and
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(ii) complies with the conditions, if any, to
which the authorisation is subject; or
(d) a person leaving a motor vehicle parked in
compliance with a direction given under
regulation 63(1); or
(e) a person leaving a tow truck parked while
the person is engaged in loading, towing
or connecting to a vehicle referred to in
rule 312(3) of the Road Rules if—
(i) the tow truck displayed a flashing light
while it was left parked; and
(ii) the person acted safely while the tow
truck was left parked; and
(iii) the person left the tow truck parked for
no longer than was necessary to engage
in loading, towing or connecting to the
other vehicle.
Note
Regulation 6 provides that an authorised person (conduct)
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.
51 Person who leaves motor vehicle parked must use
public transport
(1) A person must not leave a motor vehicle parked in
a public transport parking area at any time
between 6 a.m. and 7 p.m. on a business day
unless—
(a) any of the following persons validly uses
public transport at any time between 12 a.m.
on that day and 2 a.m. on the next day while
the motor vehicle remains parked—
(i) the person who parks the motor vehicle;
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(ii) a person who is a passenger in the
motor vehicle when it is parked;
(iii) a person who removes the motor
vehicle from the designated park and
ride facility at which the public
transport parking area is located;
(iv) a person who is a passenger in the
motor vehicle when it is removed from
the designated park and ride facility at
which the public transport parking area
is located; or
(b) regulation 52, 53 or 54 applies.
Penalty: 3 penalty units.
(2) If a person leaves a motor vehicle parked in
contravention of subregulation (1) for longer than
one day—
(a) only one criminal proceeding in respect of an
offence against subregulation (1) may be
commenced in respect of those
circumstances; and
(b) only one infringement notice in respect of an
offence against subregulation (1) may be
issued in respect of those circumstances.
Note
An infringement notice served in respect of the offence in
subregulation (1) is a parking infringement and the operator
onus provisions in Part 6AA of the Road Safety Act 1986
apply.
52 Exception—person who does not leave park and
ride facility
A person does not contravene regulation 51(1)
if—
(a) the motor vehicle is parked for no longer
than one hour; and
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(b) while the motor vehicle is parked, the person
does not leave the designated park and ride
facility containing the public transport
parking area at which the motor vehicle is
parked.
Examples
1 A person may park in a public transport parking area
at 8 a.m. on a business day and, without leaving the
designated park and ride facility, drop off a passenger at
the railway station at which the area is located.
2 A person may park in a public transport parking area
at 5.30 p.m. on a business day and, without leaving the
designated park and ride facility, collect a passenger
from the railway station at which the area is located.
53 Exception—emergencies and other Road Rules
matters
A person does not contravene regulation 51(1)
if—
(a) the person leaves the motor vehicle parked in
the public transport parking area because the
vehicle is disabled, and the person leaves the
vehicle parked for no longer than is
necessary for the vehicle to be moved safely
to a place where the person is permitted to
park the vehicle under the Road Rules; or
(b) the person leaves the motor vehicle parked in
the public transport parking area to deal with
a medical or other emergency, or to assist a
disabled vehicle, and the person leaves the
vehicle parked for no longer than is
necessary in the circumstances; or
(c) the person leaves the motor vehicle parked in
the public transport parking area because the
condition of the person, a passenger or the
vehicle makes it necessary for the person to
leave the vehicle parked in the interests of
safety, and the person leaves the vehicle
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parked for no longer than is necessary in the
circumstances; or
(d) the person leaves the motor vehicle parked in
the public transport parking area to comply
with a provision of the Road Rules, and the
person leaves the vehicle parked for no
longer than is necessary to comply with the
provision.
54 Exception—using public transport without valid
ticket but taking all reasonable steps
(1) Regulations 12 and 14 of the Transport
(Ticketing) Regulations 2006 apply to the
prosecution of a person for an offence against
regulation 51(1) as if—
(a) a reference to a charge under regulation 6(1)
or 7(2) of the Transport (Ticketing)
Regulations 2006 were a reference to
a charge for an offence against
regulation 51(1) of these Regulations; and
(b) a reference to the person charged were a
reference to any of the following persons
who, at any relevant time, travelled in a
passenger vehicle without being in
possession of a valid ticket for that travel—
(i) the person who parked the motor
vehicle;
(ii) a person who was a passenger in the
motor vehicle when it was parked;
(iii) the person who removed the motor
vehicle from the designated park and
ride facility at which the public
transport parking area is located;
(iv) a person who was a passenger in the
motor vehicle when it was removed
from the designated park and ride
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facility at which the public transport
parking area is located.
(2) In this regulation—
relevant time means a time—
(a) between 12 a.m. on the day on which
the offence is alleged to have been
committed and 2 a.m. on the next day;
and
(b) during which the motor vehicle
remained parked in the public transport
parking area.
Division 3—Removing a motor vehicle parked at a
public transport parking area
55 Application of Division
This Division does not apply in relation to—
(a) the removal of an exempt vehicle by a
person in the course of the person's duty as
the driver of an exempt vehicle; or
(b) the removal of a motor vehicle by a person in
the course of the person's duty as the sheriff,
the deputy sheriff or a sheriff's officer
(within the meaning of the Sheriff Act
2009); or
(c) the removal of a motor vehicle from a
designated park and ride facility by a person
who—
(i) has been authorised to do so under
regulation 62 in respect of the facility;
and
(ii) complies with the conditions, if any, to
which the permission is subject; or
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(d) the removal of a motor vehicle in
compliance with a direction given under
regulation 63(1); or
(e) the removal of a motor vehicle that was
parked in compliance with a direction given
under regulation 63(1); or
(f) the removal of a tow truck that is loaded with
or towing, or connected to, a vehicle referred
to in rule 312(3) of the Road Rules.
Note
Regulation 6 provides that an authorised person (conduct)
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.
56 Person removing motor vehicle must have valid
ticket
(1) A person who removes from a designated park
and ride facility a motor vehicle that was parked
in a public transport parking area at the facility at
any time between 6 a.m. and 7 p.m. on a business
day (the relevant day) must, unless regulation 58,
59, 60 or 61 applies, have in the person's
possession, or be accompanied by a passenger
who has in that person's possession, a valid ticket
for travel at a relevant time.
Penalty: 3 penalty units.
(2) In this regulation—
relevant time means a time—
(a) between 12 a.m. on the relevant day
and 2 a.m. on the next day; and
(b) during which the motor vehicle remains
parked in the public transport parking
area.
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(3) The offence in subregulation (1) is an operator
onus offence for the purposes of Part 6AA of the
Road Safety Act 1986.
57 Request to produce valid ticket
(1) This regulation applies if—
(a) a motor vehicle was parked in a public
transport parking area at any time between
6 a.m. and 7 p.m. on a business day
(the relevant day); and
(b) a person (the driver)—
(i) is removing the motor vehicle from the
designated park and ride facility at
which the public transport parking area
is located; or
(ii) is driving or riding the motor vehicle in
the designated park and ride facility
towards an exit of the facility for the
purpose of exiting the facility; or
(iii) has just driven or ridden the motor
vehicle from the designated park and
ride facility.
(2) An authorised officer may, at or in the immediate
vicinity of the designated park and ride facility,
request the driver to produce for inspection, from
the possession of the driver or from a passenger in
the motor vehicle, a valid ticket for travel at any
time—
(a) between 12 a.m. on the relevant day and
2 a.m. on the next day; and
(b) during which the motor vehicle remained
parked in the public transport parking area.
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(3) A person must comply with a request made under
subregulation (2) unless regulation 58, 59, 60
or 61 applies.
Penalty: 3 penalty units.
(4) The offence in subregulation (3) is an operator
onus offence for the purposes of Part 6AA of the
Road Safety Act 1986.
58 Exception—person who does not leave park and
ride facility
A person does not contravene regulation 56(1)
or 57(3) if—
(a) the motor vehicle is parked for no longer
than one hour; and
(b) while the motor vehicle is parked, the person
does not leave the designated park and ride
facility containing the public transport
parking area at which the vehicle is parked.
Examples
1 A person may park in a public transport parking
area at 8 a.m. on a business day and, without
leaving the designated park and ride facility,
drop off a passenger at the railway station at
which the area is located, and then remove the
motor vehicle without producing a ticket referred
to in regulation 57(2).
2 A person may park in a public transport parking
area at 5.30 p.m. on a business day and, without
leaving the designated park and ride facility,
collect a passenger from the railway station at
which the area is located, and then remove the
motor vehicle without producing a ticket referred
to in regulation 57(2).
59 Exception—use of public transport by certain other
persons
(1) A person does not contravene regulation 56(1)
or 57(3) if any of the following persons validly
used public transport at a relevant time—
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(a) the person who parked the motor vehicle in
the public transport parking area;
(b) a person who was a passenger in the motor
vehicle when it was parked in the public
transport parking area.
(2) In this regulation—
relevant time means a time—
(a) between 12 a.m. on the business day in
relation to which the offence is alleged
to have been committed and 2 a.m. on
the next day; and
(b) during which the motor vehicle remains
parked in the public transport parking
area.
60 Exception—emergencies and other Road Rules
matters
A person does not contravene regulation 56(1)
or 57(3) if—
(a) the motor vehicle is parked in the public
transport parking area because the vehicle is
disabled, and the vehicle is left parked for no
longer than is necessary for the vehicle to be
moved safely to a place where it is permitted
to park the vehicle under the Road Rules; or
(b) the motor vehicle is parked in the public
transport parking area to deal with a medical
or other emergency, or to assist a disabled
vehicle, and the vehicle is left parked for no
longer than is necessary in the
circumstances; or
(c) the motor vehicle is parked in the public
transport parking area because the condition
of the driver, a passenger or the vehicle
makes it necessary to park the vehicle in the
interests of safety, and the vehicle is left
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parked for no longer than is necessary in the
circumstances; or
(d) the motor vehicle is parked in the public
transport parking area to comply with a
provision of the Road Rules, and the vehicle
is left parked for no longer than is necessary
to comply with the provision.
61 Exception—using public transport without valid
ticket but taking all reasonable steps
(1) Regulations 12 and 14 of the Transport
(Ticketing) Regulations 2006 apply to the
prosecution of a person for an offence against
regulation 56(1) or 57(3) as if—
(a) a reference to a charge under regulation 6(1)
or 7(2) of the Transport (Ticketing)
Regulations 2006 were a reference to a
charge for an offence against
regulation 56(1) or 57(3) of these
Regulations; and
(b) a reference to the person charged were a
reference to any of the following persons
who, at any relevant time, travelled in a
passenger vehicle without being in
possession of a valid ticket for that travel—
(i) the person who parked the motor
vehicle;
(ii) a person who was a passenger in the
motor vehicle when it was parked;
(iii) the person who removed the motor
vehicle from the designated park and
ride facility at which the public
transport parking area is located;
(iv) a person who was a passenger in the
motor vehicle when it was removed
from the designated park and ride
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facility at which the public transport
parking area is located.
(2) In this regulation, relevant time has the same
meaning as it has in regulation 59.
Division 4—Miscellaneous
62 Authorisation to park, leave parked and remove a
motor vehicle
(1) A relevant body may authorise a person to do the
following things without complying with
regulations 51(1), 56(1) and 57(3)—
(a) park a motor vehicle in a public transport
parking area at the designated park and ride
facility that is specified in the authorisation;
and
(b) leave the motor vehicle parked in the area
referred to in paragraph (a); and
(c) remove the motor vehicle from the facility
referred to in paragraph (a).
(2) An authorisation issued by a relevant body that is
a passenger transport company may be issued only
in relation to a designated park and ride facility
that belongs to or is under the control of the
passenger transport company.
(3) An authorisation—
(a) must be in writing; and
(b) may be subject to any conditions specified in
the authorisation, including a condition
stating that the authorisation is given in
relation to a specified period of time.
(4) In this regulation—
relevant body means—
(a) a passenger transport company; or
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(b) the Public Transport Development
Authority; or
(c) Rail Track.
63 Directions in relation to parking at designated park
and ride facility
(1) An authorised officer may give a direction to the
owner or driver of a motor vehicle in relation to
the parking of the motor vehicle at, or the removal
of the motor vehicle from, a designated park and
ride facility.
(2) Subject to subregulation (5), a direction under
subregulation (1) may be given orally or in
writing.
(3) Without limiting subregulation (1), a direction
under that subregulation may—
(a) direct that the motor vehicle not be parked at
the designated park and ride facility; or
(b) direct that the motor vehicle be removed
from the designated park and ride facility; or
(c) direct that a motor vehicle that has just left
the designated park and ride facility must
stop.
(4) A direction under subregulation (1) may be
given—
(a) regardless of whether the owner or driver is
in the motor vehicle; and
(b) regardless of where the authorised officer is
at the time the direction is given; and
(c) regardless of whether the motor vehicle is at
or has just left the designated park and ride
facility.
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(5) A direction under subregulation (1) that directs
that a motor vehicle not be parked at the
designated park and ride facility—
(a) must be given in writing; and
(b) may prohibit the parking of the motor
vehicle on days or at times that are specified
in the direction.
(6) A person to whom a direction is given under
subregulation (1) must comply with the direction.
Penalty: 5 penalty units.
64 Expiry of Part
This Part expires on 30 June 2017.
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Part 6—Miscellaneous
65 Prosecution for more than one offence
(1) A person is not liable to be prosecuted or served
with an infringement notice for more than one of
the following offences in relation to a single
instance of a motor vehicle being left in and
subsequently removed from a public transport
parking area—
(a) an offence against regulation 51(1) in
relation to a motor vehicle being left parked
at a public transport parking area for a period
of time;
(b) an offence against regulation 56(1) in
relation to the motor vehicle being removed
at the end of that period from the designated
park and ride facility at which the area is
located;
(c) an offence against regulation 57(3) in
relation to a request made under
regulation 57(2) to the person who is
removing the motor vehicle as described in
paragraph (b).
(2) A person is not liable to be prosecuted or served
with an infringement notice for more than one of
the following offences in relation to the same facts
or circumstances—
(a) an offence against regulation 13(6) in
relation to a direction about the driving,
riding, stopping, removing or parking of a
motor vehicle or wheeled recreational device
while the person is on public transport
premises;
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(b) an offence against regulation 63(6) in
relation to a direction about the parking of a
motor vehicle at, or the removal of a motor
vehicle from, a designated park and ride
facility.
66 Request to leave vehicle or premises
(1) An authorised person (conduct) or a tram driver
may ask a person to leave a public transport
vehicle if—
(a) the public transport vehicle is fully loaded
with passengers when the person enters the
vehicle; or
(b) the person remains in a doorway, vestibule,
corridor or gangway after being asked by an
authorised person (conduct) or tram driver
not to do so; or
(c) the person is behaving in a violent, noisy or
offensive manner; or
(d) the person's clothing or luggage is
reasonably believed by an authorised person
(conduct) or tram driver to be likely to soil or
damage any property of the passenger
transport company, rail freight operator, Rail
Track, or the bus company or the property of
any other person; or
(e) the person enters, boards or attempts to enter
or board or remain on board the public
transport vehicle after being asked by an
authorised person (conduct) or tram driver
not to do so.
(2) An authorised person (conduct) may ask a person
to leave public transport premises if—
(a) the person is behaving in a violent, noisy or
offensive manner; or
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(b) the person is reasonably believed by the
authorised person (conduct) to be so affected
by alcohol or other substances that the
person is likely to behave in an offensive
manner.
(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 7(2) of the Transport (Ticketing)
Regulations 2006 in respect of travel in that
passenger vehicle; or
(b) the person has failed to comply with
regulation 6(2), 8(2) or 10(3) of the
Transport (Ticketing) Regulations 2006 in
respect of an entry to a designated area that
is part of the public transport premises; or
(c) if the public transport vehicle is a passenger
vehicle, the person has failed to comply with
regulation 6(1) or 9(3) of the Transport
(Ticketing) Regulations 2006 in respect of
travel in that passenger vehicle; or
(d) the person has committed an offence against
the Act or these Regulations.
(4) A person who is asked to leave a public transport
vehicle or public transport premises under
subregulation (1), (2) or (3) must comply with the
request immediately.
Penalty: 10 penalty units.
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Schedule 1—Designated park and ride facilities
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Schedule 1—Designated park and ride
facilities
Regulation 5(1)
1. Box Hill Railway Station.
2. Burwood Railway Station.
3. Camberwell Railway Station.
4. Heidelberg Railway Station.
5. Highett Railway Station.
6. Murrumbeena Railway Station.
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Schedule 2—Prescribed equipment
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Schedule 2—Prescribed equipment
Regulation 19
Table
Item Equipment
1. A TTA: ACS Expert 900 Melbourne: CVM/AVM-s, also
known as a myki machine (stationary).
2. A Parkeon (Wayfarer) TCON product Melbourne: Bus Driver
Console BDC, also known as a Bus Driver Console.
3. A Parkeon (Wayfarer) TCON product Melbourne: Depot
Card Management Console, also known as a Depot Card
Management Console.
4. A Parkeon (Wayfarer) ICON Product Melbourne: Primary
Tram Driver Console TDC, also known as a Tram Driver
Console.
5. A Parkeon (Wayfarer) ICON Product Melbourne: Secondary
Tram Driver Console TDC.
6. An ACS Product family EVD121 Melbourne: Standalone
Enquiry Machine (SEM), also known as a myki check.
7. A Motorola MobileCompia (M3) MC6500S.
8. A Melbourne: Ticket Office Machine (Terminal) Fixed
(TOM/TOT-F).
9. A Melbourne: Ticket Office Machine (Terminal) Mobile
(TOM/TOT-M).
10. A Melbourne: Ticket Office Machine (Terminal) Smart Card
Management Terminal (TOM SMT).
11. An ACS Product family EVD240 Melbourne: Fare Payment
Device Mobile, including the housing for that equipment.
12. An ACS Product family EVD141 Melbourne: Fare Payment
Device Stationary, including the housing for that equipment.
13. An ACS Product family EVD360 Melbourne: Fare Payment
Device Mobile, including the housing for that equipment.
14. A PSION WORKABOUT PRO S Model 7527S-G2.
15. An ACS Electronic Validation Device EVD340, including the
housing for that equipment.
16. An operator access card within the meaning of the Transport
(Ticketing) Regulations 2006.
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Item Equipment
17. A vehicle control unit within the meaning of the Transport
(Ticketing) Regulations 2006.
18. An ACS product family AGC100 Arcos Gate Controller, also
known as a Gate Attendant Control, including the housing for
that equipment.
19. An electronic gate kit, also known as an EGK.
20. An M3 Mobile M3 Orange.
21. A Vix Product Family iVal CR6000 Fare Payment Device,
including the housing for that equipment.
22. The central computer system within the meaning of the
Transport (Ticketing) Regulations 2006.
23. A ticket barrier within the meaning of the Transport
(Ticketing) Regulations 2006.
24. A Smartcard security access module within the meaning of
the Transport (Ticketing) Regulations 2006.
25. A Vix product family DC6000 Primary Tram Driver Console,
also known as a TDC.
26. A Vix product family DC6000 Secondary Tram Driver
Console, also known as a TDC.
27. A Vix product family DC6000 Bus Driver Console, also
known as a BDC.
28. A Vix product Family iVal CP6500 Fare Payment Device,
including the housing for that equipment.
29. A Vix product family PCP6100 Standalone Enquiry Machine,
also known as an SEM or a myki check.
30. A Vix Gate Attendant Control, also known as a Gate
Attendant Control, including the housing for that equipment.
═══════════════
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Endnotes
Transport (Compliance and Miscellaneous) (Conduct on Public Transport)
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Endnotes
1 Reg. 4(1): S.R. No. 69/2005. Reprint No. 1 as at 14 July 2008. Reprinted to
S.R. No. 73/2008. Subsequently amended by S.R. Nos 123/2008,
105/2011, 131/2011, 22/2012, 1/2014, 6/2014, 33/2014 and 149/2014.
2 Reg. 4(2): S.R. No. 66/2005. Reprint No. 2 as at 17 May 2012. Reprinted to
S.R. No. 22/2012. Subsequently amended by S.R. No. 64/2014.
——
Penalty Units
These Regulations provide for penalties by reference to penalty units within
the meaning of section 110 of the Sentencing Act 1991. The amount of the
penalty is to be calculated, in accordance with section 7 of the Monetary
Units Act 2004, by multiplying the number of penalty units applicable by the
value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2014 is
$147.61.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the
Treasurer under section 5 of the Monetary Units Act 2004. The value of a
penalty unit for a financial year must be published in the Government Gazette
and a Victorian newspaper before 1 June in the preceding financial year.
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