Transport (Ticketing and Conduct) Regulations 2005

i Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objectives 1 2. Authorising provisions 2 3. Interpretation 2 4. Liability for offences 11 PART 2—TICKETS AND CONDITIONS OF TRAVEL 12 5. Entry into designated areas 12 6. Ticket conditions 12 7. Defaced ticket or concession card 12 8. Ticket not to be transferred 13 9. Inspection etc. of ticket 13 10. Ticket to be validated 13 11. Vacating seats for persons with special needs 14 12. Students to vacate seats 14 13. Occupying unreserved seats 15 14. Unauthorised travel and seating 15 PART 3—CONDUCT AFFECTING AMENITY 16 15. Placing luggage as directed 16 16. Playing a musical instrument 16 17. Operating sound equipment 16 18. Gambling 17 19. Selling and busking etc. 17 20. Dogs on vehicles or rail premises 18 21. Dogs not to occupy seats 19 22. Animals not to stray 20 23. Animals other than dogs 20 24. Drinking liquor and possessing an open container of liquor 21 25. Littering 21 26. Spitting 22 27. Graffiti 22 -- 1 of 47 -- Regulation Page ii PART 4—GENERAL CONDUCT AFFECTING SAFETY 23 28. Prohibited language and behaviour 23 29. Committing a nuisance etc. 23 30. Conveying things likely to annoy, injure or endanger 23 31. Protruding part of body or object 24 32. Throwing things 24 33. Creating an obstruction 24 34. Entering and leaving 25 35. Riding a bicycle etc. 26 36. Driving or riding a vehicle on rail premises 26 37. Mounting a place not intended for travel etc. 27 38. Travelling in a place not intended for travel etc. 27 PART 5—RAILWAY AND TRAMWAY TRACKS 29 39. Crossing railway tracks by pedestrians 29 40. Crossing tramway tracks by pedestrians 29 41. Entering a pit between platforms 30 42. Crossing railway and tramway tracks 30 43. Overdimensional vehicles crossing tracks 31 44. Animals on railway tracks 33 45. Placing things on tracks 34 PART 6—INTERFERING WITH EQUIPMENT OR PROPERTY 35 46. Operating doors 35 47. Operating automatic doors 35 48. Damage 36 49. Fire 36 50. Applying brake or emergency device 37 51. Stopping a rail vehicle or road vehicle 37 52. Operating equipment 37 53. Permitting drainage 38 PART 7—POWERS 39 54. Request to leave vehicle and power to remove 39 PART 8—EXPIRY OF REGULATIONS 41 55. Expiry 41 __________________ -- 2 of 47 -- Regulation Page iii SCHEDULE—Charges for Crossing Railway and Tramway Tracks with Overdimensional Vehicles etc. 42 ═══════════════ ENDNOTES 44 -- 3 of 47 -- 1 STATUTORY RULES 2005 S.R. No. 69/2005 Transport Act 1983 Transport (Ticketing and Conduct) Regulations 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; -- 4 of 47 -- Part 1—Preliminary Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 2 (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 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 r. 2 -- 5 of 47 -- Part 1—Preliminary Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 3 (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; "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 200 watts (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 r. 3 -- 6 of 47 -- Part 1—Preliminary Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 4 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; Diagram 1: A designated area at a specified railway station with an island platform r. 3 -- 7 of 47 -- Part 1—Preliminary Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 5 Diagram 2: A designated area at a specified railway station with side platforms "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; r. 3 -- 8 of 47 -- Part 1—Preliminary Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 6 Street Diagram 3: Designated tramway tracks r. 3 -- 9 of 47 -- Part 1—Preliminary Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 7 "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 (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 10 kilometres per hour (on level ground); and (b) a person in a non-motorised wheelchair; and r. 3 -- 10 of 47 -- Part 1—Preliminary Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 8 (c) a person pushing a motorised or non- motorised wheelchair; "rail premises" means any land, building, premises or structure owned, occupied or leased by— (a) a passenger transport company in connection with its capacity as a provider of a passenger service; or (b) a rail freight operator in connection with its capacity as a provider of a rail freight service; or (c) Rail Track; "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; r. 3 -- 11 of 47 -- Part 1—Preliminary Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 9 "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; "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; r. 3 -- 12 of 47 -- Part 1—Preliminary Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 10 (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— (i) a wheelchair other than a motorised wheelchair capable of a speed of 10 kilometres 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. r. 3 -- 13 of 47 -- Part 1—Preliminary Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 11 4. Liability for offences 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. __________________ r. 4 -- 14 of 47 -- Part 2—Tickets and Conditions of Travel Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 12 PART 2—TICKETS AND CONDITIONS OF TRAVEL 5. Entry into designated areas 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 as to— (a) the mode of transport used to carry passengers; (b) the cancellation, wholly or in part, of the service; (c) the point at which passengers will be picked up or set down. (2) 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 r. 5 -- 15 of 47 -- Part 2—Tickets and Conditions of Travel Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 13 (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 (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. r. 8 -- 16 of 47 -- Part 2—Tickets and Conditions of Travel Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 14 11. Vacating seats for persons with special needs (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. r. 11 -- 17 of 47 -- Part 2—Tickets and Conditions of Travel Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 15 13. Occupying unreserved seats 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. __________________ r. 13 -- 18 of 47 -- Part 3—Conduct Affecting Amenity Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 16 PART 3—CONDUCT AFFECTING AMENITY 15. Placing luggage as directed 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. r. 15 -- 19 of 47 -- Part 3—Conduct Affecting Amenity Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 17 18. Gambling 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. r. 18 -- 20 of 47 -- Part 3—Conduct Affecting Amenity Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 18 20. Dogs on vehicles or rail premises (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. r. 20 -- 21 of 47 -- Part 3—Conduct Affecting Amenity Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 19 (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. Penalty: 5 penalty units. (7) In this regulation— "dangerous dog" means a dog that has been so declared under the Domestic (Feral and Nuisance) Animals Act 1994; "menacing dog" means a dog that has been so declared according to the Domestic (Feral and Nuisance) Animals Act 1994; "restricted breed dog" means a dog of a breed whose importation into Australia is prohibited under the Customs (Prohibited Imports) Regulations 1956 of the Commonwealth. 21. Dogs not to occupy seats A person who takes a dog on a rail vehicle or road vehicle must not allow the dog to occupy a seat or be placed in a way that prevents another person from using a seat. Penalty: 5 penalty units. r. 21 -- 22 of 47 -- Part 3—Conduct Affecting Amenity Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 20 22. Animals not to stray A person must not allow an animal to stray or wander onto or into a rail vehicle, road vehicle or rail premises. Penalty: 5 penalty units. 23. Animals other than dogs (1) A person must not take an animal onto or into a rail vehicle, road vehicle or rail premises unless the animal is in a closed container. Penalty: 5 penalty units. (2) A person must not take an animal onto a rail vehicle operated by V/Line Passenger Corporation unless— (a) the animal is in a goods van on a locomotive hauled service; and (b) is in a closed container. Penalty: 5 penalty units. (3) A person in possession of an animal on a rail vehicle, road vehicle or rail premises must remove any matter emanating from the animal or from the container if the animal is in a container. Penalty: 5 penalty units. (4) Nothing in this regulation applies to a dog. r. 22 -- 23 of 47 -- Part 3—Conduct Affecting Amenity Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 21 24. Drinking liquor and possessing an open container of liquor (1) A person must not drink from a container that contains liquor or purports to contain liquor in or on any rail or road vehicle or any rail premises 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 or Rail Track for that purpose. Penalty: 5 penalty units. (2) A person must not possess an open container that contains liquor or purports to contain liquor in or on any rail or road vehicle or any rail premises 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 or Rail Track for that purpose. Penalty: 5 penalty units. (3) In this regulation "liquor" has the same meaning at it has in section 3 of the Liquor Control Reform Act 1998. 25. Littering (1) A person must not leave or deposit litter in or on a rail vehicle, road vehicle or rail premises except in a receptacle provided for the purpose. Penalty: 5 penalty units. (2) In this regulation "litter" has the same meaning as it has in section 4 of the Environment Protection Act 1970. r. 24 -- 24 of 47 -- Part 3—Conduct Affecting Amenity Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 22 (3) A person must not leave or deposit any thing in or on a rail vehicle, road vehicle or rail premises that may endanger any person or property except in a receptacle provided for the purpose. Penalty: 10 penalty units. Example A broken bottle left on a rail vehicle. 26. Spitting (1) A person must not spit in, on or at a rail vehicle, road vehicle or rail premises. Penalty: 5 penalty units. (2) A person must not spit at or on another person in or on a rail vehicle, road vehicle or rail premises. Penalty: 10 penalty units. 27. Graffiti A person must not write, draw or affix any word representation, character or poster on any rail vehicle, road vehicle or rail premises. Penalty: 10 penalty units. __________________ r. 26 -- 25 of 47 -- Part 4—General Conduct Affecting Safety Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 23 PART 4—GENERAL CONDUCT AFFECTING SAFETY 28. Prohibited language and behaviour A person in or on a rail vehicle, road vehicle or rail premises must not— (a) use indecent, obscene, offensive or threatening language; or (b) behave in an obscene, offensive, threatening, disorderly or riotous manner. Penalty: 10 penalty units. 29. Committing a nuisance etc. A person in or on a rail vehicle, road vehicle or rail 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. 30. Conveying things likely to annoy, injure or endanger (1) A person in or on a rail vehicle, road vehicle or rail 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 rail vehicle, road vehicle or rail premises must not convey, 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. r. 28 -- 26 of 47 -- Part 4—General Conduct Affecting Safety Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 24 (3) A person must not do anything referred to in sub-regulation (1) or (2) that an employee of a passenger transport company, a rail freight operator or Rail Track has informed the person is likely to annoy, disturb, injure, or endanger, any person or to damage the rail vehicle, road vehicle or any property in or on the rail vehicle, road vehicle or rail premises. Penalty: 15 penalty units. Example An explosive, improperly contained inflammable liquid or petrol contained in a fuel tank. 31. Protruding part of body or object A person in a rail vehicle or road vehicle that is in motion must not, without reasonable excuse, protrude a part of another person's body or cause to protrude any object from a door or window. Penalty: 5 penalty units. 32. Throwing things A person must not, without reasonable excuse— (a) throw any thing from or at a rail vehicle, road vehicle or rail premises; or (b) drop any thing from a rail vehicle, road vehicle or rail premises. Penalty: 10 penalty units. 33. Creating an obstruction A person in or on a rail vehicle, road vehicle or rail premises must not create an obstruction without reasonable excuse. Penalty: 10 penalty units. Example Placing a bicycle so as to block an exit and not moving it when asked without reasonable excuse. r. 31 -- 27 of 47 -- Part 4—General Conduct Affecting Safety Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 25 34. Entering and leaving (1) A person must not, without reasonable excuse or permission from an authorised person— (a) enter or attempt to enter a rail vehicle or road vehicle if the vehicle has only stopped for passengers to leave; or (b) leave or attempt to leave a rail vehicle or road vehicle if the vehicle has only stopped for passengers to enter. Penalty: 10 penalty units. (2) A person must not, without reasonable excuse or the permission of an authorised person, enter or leave or attempt to enter or leave— (a) a rail vehicle or road vehicle except by a doorway next to the platform if such a doorway is available; or (b) a road vehicle except through the entrance or exit on the left hand side of the vehicle in the direction of travel; or (c) a rail vehicle, road vehicle, rail premises or a designated area except through an entrance or exit provided for passengers or the public; or (d) through an emergency exit if there is no emergency. Penalty: 10 penalty units. (3) A person must not, without reasonable excuse or permission of an authorised person, jump or climb over any barrier on rail premises. Penalty: 10 penalty units. r. 34 -- 28 of 47 -- Part 4—General Conduct Affecting Safety Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 26 35. Riding a bicycle etc. A person must not ride a bicycle, wheeled recreational device or wheeled toy in or on a rail vehicle, road vehicle or rail premises. Penalty: 10 penalty units. 36. Driving or riding a vehicle on rail premises (1) A person must not drive, ride or park a vehicle on any part of rail premises that is not set aside for the use of vehicles by the passenger transport company or the rail freight operator that is responsible for the premises or, if Rail Track is responsible for the premises, from Rail Track. Penalty: 10 penalty units. (2) A person who drives or rides a vehicle on rail premises must obey all speed restrictions, traffic control signs and parking control signs displayed on the premises. Penalty: 10 penalty units. (3) A person who drives or rides a vehicle on rail premises must not drive in a manner likely to cause injury to or to endanger any person or to damage property. Penalty: 10 penalty units. (4) A person who drives or rides a vehicle on rail premises must not park the vehicle so as to cause an obstruction. Penalty: 10 penalty units. (5) A person who drives or rides a vehicle on rail premises must comply with directions about driving, riding or parking of vehicles from an authorised person. Penalty: 10 penalty units. r. 35 -- 29 of 47 -- Part 4—General Conduct Affecting Safety Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 27 (6) In this regulation "park" includes stopping and allowing a vehicle to stay (whether or not the driver leaves the vehicle). 37. Mounting a place not intended for travel etc. (1) A person must not, without reasonable excuse, mount or attempt to mount a part of a locomotive, rail vehicle or road vehicle not intended for the purpose of travel by passengers. Penalty: 15 penalty units. Example Mounting roof of rail vehicle or road vehicle, leading brake van of a rail vehicle, brake van of a rail vehicle, driver's cabin of a road vehicle, coupling or communication platform of a rail vehicle. (2) A person must not, without reasonable excuse, walk or climb on any part of rail premises not intended for use by passengers or the public. Penalty: 15 penalty units. 38. Travelling in a place not intended for travel etc. (1) A person must not, without reasonable excuse, travel or attempt to travel on a part of a locomotive, rail vehicle or road vehicle not intended for the purpose of travel. Penalty: 20 penalty units. Example Travelling on the roof of a rail vehicle or road vehicle, leading brake van of rail vehicle, brake van of rail vehicle, driver's cabin of a road vehicle, coupling or communication platform of a rail vehicle. r. 37 -- 30 of 47 -- Part 4—General Conduct Affecting Safety Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 28 (2) 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 rail vehicle or road vehicle for any purpose. Penalty: 20 penalty units. Example A bicycle rider attached to a tram to enable the rider and the bicycle to be pulled along behind the tram. __________________ r. 38 -- 31 of 47 -- Part 5—Railway and Tramway Tracks Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 29 PART 5—RAILWAY AND TRAMWAY TRACKS 39. Crossing railway tracks by pedestrians A pedestrian must not cross or attempt to cross railway tracks at a place provided for crossing by pedestrians— (a) when gates at the crossing or at an adjacent vehicle crossing are closed or locked; or (b) when a rail vehicle can be seen or heard approaching and there would be a danger of a collision with the rail vehicle if the pedestrian entered the crossing; or (c) when a rail vehicle is on or entering the crossing; or (d) if the crossing or the path beyond the crossing is blocked; or (e) when directed not to do so by an authorised person. Penalty: 5 penalty units. 40. Crossing tramway tracks by pedestrians (1) A pedestrian must not cross or attempt to cross designated tramway tracks at a place other than a place provided for crossing by pedestrians. Penalty: 5 penalty units. (2) A pedestrian must not cross or attempt to cross designated tramway tracks at a place provided for crossing by pedestrians— (a) when warning signals or devices are operating at the pedestrian crossing or at an adjacent vehicle crossing; or (b) when gates at the crossing or at an adjacent vehicle crossing are closed or locked; or r. 39 -- 32 of 47 -- Part 5—Railway and Tramway Tracks Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 30 (c) when a road vehicle can be seen or heard approaching and there would be a danger of a collision with the road vehicle if the pedestrian entered the crossing; or (d) when a road vehicle is on or entering the crossing; or (e) if the crossing or the path beyond the crossing is blocked; or (f) when directed not to do so by an authorised person. Penalty: 5 penalty units. 41. Entering a pit between platforms A person must not, without the permission of an authorised person, enter a place between two platforms where there is a railway or tramway and where the person would need to descend from one platform and cross the railway tracks or tramway tracks to gain access to the other platform. Penalty: 15 penalty units. 42. Crossing railway and tramway tracks (1) A person must not drive or ride or attempt to drive or ride across railway tracks or designated tramway tracks at a place other than a level crossing. Penalty: 10 penalty units. (2) A person must not drive or ride or attempt to drive or ride across railway tracks or designated tramway tracks at a level crossing— (a) when warning signals or devices are operating at the crossing; or (b) when gates at the crossing are closed or locked; or r. 41 -- 33 of 47 -- Part 5—Railway and Tramway Tracks Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 31 (c) when a rail vehicle or road vehicle can be seen or heard approaching and there would be a danger of a collision with the rail vehicle or road vehicle if the driver or rider entered the crossing; or (d) if the crossing or the road beyond the crossing is blocked; or (e) when a rail vehicle or road vehicle is on or entering the crossing; or (f) when so directed not to do so by an authorised person. Penalty: 10 penalty units. 43. Overdimensional vehicles crossing tracks (1) A person must not drive or attempt to drive or convey across a railway track— (a) a vehicle with a mass limit that exceeds a mass limit for that vehicle under the Road Safety (Vehicles) Regulations 1999; or (b) a vehicle which, either by itself or in combination with any load carried by it, is more than 4⋅9 metres high (when measured from the highest surface of the track to be crossed), 3 metres wide or 25 metres long; or (c) a vehicle which may obstruct, displace or interfere with— (i) the track to be crossed; or (ii) any overhead power line of a passenger transport company, a rail freight operator or Rail Track in the vicinity of the track— without the written permission of the Director. Penalty: 20 penalty units. r. 43 -- 34 of 47 -- Part 5—Railway and Tramway Tracks Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 32 (2) A person must not drive or attempt to drive or convey across a tramway track— (a) a vehicle with a mass limit that exceeds a mass limit for that vehicle under the Road Safety (Vehicles) Regulations 1999; or (b) a vehicle which, either by itself or in combination with any load carried by it, exceeds 4⋅3 metres high (when measured from the uppermost surface of the track to be crossed) or 3 metres wide or 25 metres long; or (c) a vehicle which may obstruct, displace or interfere with the track to be crossed or with any overhead power line or support wires of a passenger transport company, a rail freight operator or Rail Track in the vicinity of the track— without the written permission of the Director. Penalty: 20 penalty units. (3) The Director may grant permission under sub- regulation (1) or (2) and may impose conditions on that permission. (4) A person must comply with any conditions imposed by the Director in granting permission under sub-regulation (1) or (2). Penalty: 20 penalty units. (5) An operator of a vehicle is also liable for any offence under sub-regulation (1), (2) or (4). (6) The fee for the granting of permission under sub- regulation (1) or (2) is 1⋅6 fee units. r. 43 -- 35 of 47 -- Part 5—Railway and Tramway Tracks Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 33 (7) If, in the Director's opinion, one or more of the Department's employees or passenger transport company, rail freight operator or Rail Track employees or agents must, in the interests of safety, be present when the vehicle crosses the railway track or the tramway track the Director may, in addition to the fee referred to in sub- regulation (5) impose— (a) the charges set out in the Schedule; and (b) a charge determined by the Director for vehicles used by the Department's employees in attendance. (8) In this regulation "operator" has the same meaning as it has in section 106 of the Road Safety Act 1986. 44. Animals on railway tracks A person must not take or attempt to take an animal across railway tracks at a pedestrian or level crossing— (a) when warning signals or devices are operating at the crossing; or (b) when gates at the crossing are closed or locked; or (c) when a rail vehicle is entering the crossing; or (d) when a rail vehicle can be seen or heard approaching and there would be a danger of a collision with the animal if it entered the crossing; or (e) if the crossing or the path beyond the crossing is blocked; or r. 44 -- 36 of 47 -- Part 5—Railway and Tramway Tracks Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 34 (f) when directed not to do so by an authorised person or an employee of a passenger transport company, a rail freight operator or Rail Track. Penalty: 5 penalty units. 45. Placing things on tracks A person must not place any thing on a railway track or a tramway track unless the person is driving a vehicle and places the vehicle on a railway track or tramway track in the normal course of driving. Penalty: 20 penalty units. __________________ r. 45 -- 37 of 47 -- Part 6—Interfering with Equipment or Property Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 35 PART 6—INTERFERING WITH EQUIPMENT OR PROPERTY 46. Operating doors A person must not, without reasonable excuse— (a) unlock a lock or open a locked door on any rail vehicle or road vehicle; or (b) lock any unlocked door on any rail vehicle or road vehicle; or (c) open or interfere with any locked gate or door on rail premises; or (d) close or interfere with any unlocked or opened gate or door on rail premises; or (e) open or hold open any door on any rail vehicle or road vehicle while the vehicle is in motion if the door provides access to the outside of the vehicle. Penalty: 10 penalty units. 47. Operating automatic doors A person in or on a rail vehicle, road vehicle or rail premises must not, without reasonable excuse— (a) prevent or attempt to prevent an automatic door from opening or closing; or (b) if the release mechanism of an automatic door is operated by an authorised person, open or attempt to open the automatic door before the release mechanism is operated by the authorised person; or (c) make use of the door in a manner likely to cause damage to the release or closing mechanism connected to the door. Penalty: 10 penalty units. r. 46 -- 38 of 47 -- Part 6—Interfering with Equipment or Property Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 36 48. Damage A person must not destroy, damage or deface any property belonging to a passenger transport company, a rail freight operator or Rail Track. Penalty: 15 penalty units. 49. Fire A person must not— (a) light a fire in or on a rail vehicle, road vehicle or rail premises 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; or (b) leave a fire that has been lit by that person in or on a rail vehicle, road vehicle or rail premises until the fire is completely extinguished; or (c) bring any burning substance into or on to a rail vehicle, road vehicle or rail premises or by any act or omission cause a burning substance to be brought into or upon a vehicle or premises in circumstances likely to cause injury to or to endanger any person or to damage any property; or (d) throw or drop any burning substance on to or from any rail vehicle, road vehicle or rail premises or by any act or omission cause a cigarette or any other burning substance to be thrown or dropped on to or from any such vehicle or premises; or (e) throw any burning substance at a rail or road vehicle or rail premises. Penalty: 15 penalty units. r. 48 -- 39 of 47 -- Part 6—Interfering with Equipment or Property Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 37 50. Applying brake or emergency device A person must not, without reasonable excuse— (a) apply any brake or make use of any emergency device fitted to a rail vehicle or road vehicle; or (b) make use of any emergency device on rail premises. Penalty: 20 penalty units. Example Emergency devices include an emergency button on a station communication board or on an escalator. 51. Stopping a rail vehicle or road vehicle A person must not, without reasonable excuse, cause or attempt to cause a rail vehicle or road vehicle in motion to be stopped. Penalty: 20 penalty units. 52. Operating equipment A person must not, without the permission of an authorised person— (a) move or attempt to move; (b) interfere or attempt to interfere with; (c) tamper or attempt to tamper with; (d) operate or attempt to operate— any equipment, rail vehicle or road vehicle, owned or operated by a passenger transport company in connection with its passenger service, by a rail freight operator in connection with its rail freight service or by Rail Track. Penalty: 20 penalty units. r. 50 -- 40 of 47 -- Part 6—Interfering with Equipment or Property Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 38 53. Permitting drainage A person must not cause or permit drainage or sewage to flow or empty from any premises occupied by the person onto land or premises the property of Rail Track. Penalty: 20 penalty units. __________________ r. 53 -- 41 of 47 -- Part 7—Powers Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 39 PART 7—POWERS 54. Request to leave vehicle and power to remove (1) An authorised person may ask a person to leave a rail vehicle, road vehicle or rail premises if— (a) the rail or road vehicle was fully loaded with passengers when the person entered that vehicle; or (b) the person refuses, or is unable, to pay the appropriate fare or charge; or (c) the person remains in a doorway, vestibule, corridor or gangway after being asked by an authorised person to refrain from doing so; or (d) the person's clothing or luggage is reasonably believed by an authorised person to be likely to soil or damage any property of the passenger transport company, rail freight operator or Rail Track or the property of any other person; or (e) the person enters, boards or attempts to enter or board or remain on board the rail or road vehicle after being asked by an authorised person to refrain from doing so; or (f) the person allegedly commits an offence against the Act or these Regulations. (2) A person who has been asked to leave a rail vehicle, road vehicle or rail premises under sub-regulation (1) must comply with the request immediately. Penalty: 10 penalty units. r. 54 -- 42 of 47 -- Part 7—Powers Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 40 (3) An authorised person may remove from rail premises any person who fails to comply with a request made under sub-regulation (1). __________________ r. 54 -- 43 of 47 -- Part 8—Expiry of Regulations Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 41 PART 8—EXPIRY OF REGULATIONS 55. Expiry These Regulations cease to have any force or effect on 30 June 2008. __________________ r. 55 -- 44 of 47 -- Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 42 SCHEDULE CHARGES FOR CROSSING RAILWAY AND TRAMWAY TRACKS WITH OVERDIMENSIONAL VEHICLES ETC. 1. Charges for the attendance of passenger transport company, rail freight operator or Rail Track employees or agents for the purposes of regulation 43— (a) Suburban railway track crossing if overhead power lines are involved— (i) on a weekday from 7 a.m. to 3 p.m.—71⋅1 fee units plus 35⋅6 fee units per hour for each hour after the first 2 hours; (ii) on a weekday from 3 p.m. to 7 a.m. or Saturday— 94 fee units plus 47 fee units per hour for each hour after the first 2 hours; (iii) on a Sunday—110⋅2 fee units plus 55⋅1 fee units per hour for each hour after the first 2 hours; and (iv) on a public holiday—123⋅7 fee units plus 61⋅9 fee units per hour for each hour after the first 2 hours. (b) Tramway track crossing if overhead power lines are involved— (i) on a weekday from 7 a.m. to 3 p.m.—36 fee units plus 18 fee units per hour for each hour after the first 2 hours; (ii) on a weekday from 3 p.m. to 11 p.m. if the standard crew is available—40⋅7 fee units plus 20⋅3 fee units per hour for each hour after the first 2 hours; (iii) on a weekday from 3 p.m. to 11 p.m. if the standard crew is unavailable and an additional crew is required—81⋅3 fee units plus 20⋅3 fee units per hour for each hour after the first 4 hours; (iv) on a weekday from 11 p.m. to 7 a.m. or at the weekend or on a public holiday if the standard crew is available—50⋅1 fee units plus 25 fee units per hour for each hour after the first 2 hours; and Sch. -- 45 of 47 -- Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 43 (v) on a weekday from 11 p.m. to 7 a.m. or at the weekend or on a public holiday if the standard crew is unavailable and an additional crew is required— 100⋅1 fee units plus 25 fee units per hour for each hour after the first 4 hours. 2. Charges for the attendance of Department employees for the purposes of regulation 43, where required— (a) on a weekday from 6 a.m. to 8 p.m.—9⋅3 fee units plus 4⋅6 fee units per hour for each hour after the first 2 hours; (b) on a weekday from 8 p.m. to 6 a.m.—10⋅6 fee units plus 5⋅3 fee units per hour for each hour after the first 2 hours; (c) on a Saturday—13⋅9 fee units plus 7 fee units per hour for each hour after the first 2 hours; (d) on a Sunday—18⋅6 fee units plus 9⋅3 fee units per hour for each hour after the first 2 hours; and (e) on a public holiday—23⋅2 fee units plus 11⋅6 fee units per hour for each hour after the first 2 hours. ═══════════════ Sch. -- 46 of 47 -- Transport (Ticketing and Conduct) Regulations 2005 S.R. No. 69/2005 44 ENDNOTES Fee Units These Regulations provide for fees by reference to fee units established under the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit. The value of a fee unit for the financial year commencing 1 July 2005, is $10.49. The amount of the calculated fee may be rounded to the nearest 10 cents. The value of a fee 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 fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Endnotes -- 47 of 47 --