Transport (Infringements) Regulations 1999
i
Transport (Infringements) Regulations 1999
S.R. No. 112/1999
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
101. Objectives 1
102. Authorising provisions 1
103. Revocation 2
104. Definitions 2
PART 2—INFRINGEMENTS 3
201. Ticket infringements 3
202. Transport infringements 4
203. Safety work infringement 9
204. Service of infringement notices 10
205. Form of infringement notices 10
206. Service of notice of withdrawal of infringement notices 12
207. Form of notice of withdrawal of infringement notices 12
208. Payment of penalty 13
209. Proof of prior convictions 13
PART 3—MINOR AMENDMENT TO RELATED REGULATIONS 15
301. Transport (Passengers and Rail Freight) Regulations 1994 15
__________________
SCHEDULE 16
SCHEDULE 1—Revoked Regulations 16
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NOTES 17
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1
STATUTORY RULES 1999
S.R. No. 112/1999
Transport Act 1983
Transport (Infringements) Regulations 1999
The Lieutenant-Governor as the Governor's Deputy with the
advice of the Executive Council makes the following
Regulations:
Dated: 24 August 1999
Responsible Minister:
ROBIN COOPER
Minister for Transport
STACEY ROBERTSON
Acting Clerk of the Executive Council
PART 1—PRELIMINARY
101. Objectives
The main objectives of these Regulations are to
prescribe—
(a) ticket and transport infringements; and
(b) a penalty for a safety work infringement; and
(c) the form of infringement notices; and
(d) the method and form of service and
withdrawal of infringement notices; and
(e) the method of payment of penalties.
102. Authorising provisions
These Regulations are made under sections 56,
215, 215G and 249B of the Transport Act 1983.
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103. Revocation
The Regulations listed in Schedule 1 are revoked.
104. Definitions
In these Regulations—
"Act" or "T.A." means the Transport Act 1983;
"authorised officer", in relation to a ticket
infringement or a transport infringement, has
the same meaning as in Division 2 of Part
VII of the Act;
"infringement notice" means a ticket
infringement notice, a transport infringement
notice or a safety work infringement notice
for a safety work infringement referred to in
regulation 203;
"PRFR" means the Transport (Passengers and
Rail Freight) Regulations 1994.
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PART 2—INFRINGEMENTS
201. Ticket infringements
(1) For the purposes of Part VII of the Act, the ticket
offences set out in Column 3 of the following
Table are prescribed as ticket infringements.
(2) For the purposes of section 212(5) of the Act, the
penalty prescribed for a ticket infringement is the
amount set out in Column 4 of the following
Table opposite the prescribed ticket offence set
out in Column 3 of that Table.
(3) A description of a ticket offence set out in
Column 2 opposite a provision set out in
Column 3 is for convenience of reference only
and is not to be taken to affect the nature or
elements of the offence to which such a
description refers or the operation of these
Regulations.
TABLE
TICKET INFRINGEMENTS
Column 1
Code
Column 2
Short Description
of Offence
Column 3
Reference
Column 4
Penalty
$
3100 Fail to produce
evidence of
concession
T.A.
s. 221(4A)
100
3102 Expired ticket PRFR r. 202 100
3103 Transfer ticket to
another person
PRFR r. 204 100
3104 Make journey
without valid
ticket
T.A. s. 221(3) 100
r. 201
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Column 1
Code
Column 2
Short Description
of Offence
Column 3
Reference
Column 4
Penalty
$
3105 Remain in
vehicle or on
premises without
ticket having
been requested to
leave
PRFR
r. 324(2)
100
3106 Unable to
produce valid
ticket while
making journey
T.A. s. 221(4) 100
202. Transport infringements
(1) For the purposes of Part VII of the Act, the
offences set out in Column 3 of the following
Table are prescribed as transport infringements.
(2) For the purposes of section 212(5) of the Act, the
penalty prescribed for a transport infringement is
the amount set out in Column 4 of the following
Table opposite the prescribed offence set out in
Column 3 of that Table.
(3) A description of an offence set out in Column 2
opposite a provision set out in Column 3 is for
convenience of reference only and is not to be
taken to affect the nature or elements of the
offence to which such a description refers or the
operation of these Regulations.
r. 202
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TABLE
TRANSPORT INFRINGEMENTS
Column 1
Code
Column 2
Short Description
of Offence
Column 3
Reference
Column 4
Penalty
$
Behaviour Offences
3120 Distribute hand
bills, busk, or
solicit money
PRFR
r. 325(c), (d)
or (e)
100
3121 Play a musical
instrument or
radio
PRFR
r. 301(1)(b)
100
3122 Trespass T.A. s. 223 135
3123 Fail to give
correct name and
address
T.A.
s. 218B(4)(b)
or (c)
100
3124 Refuse to give
name and address
T.A.
s. 218B(4)(a)
100
3125 Unauthorised
operation of
equipment or
vehicle
PRFR r. 302(a) 50
3126 Failure to place
luggage or goods
as directed by
employee
PRFR r. 327 50
3127 Unauthorised
hawking, selling,
touting or
soliciting
PRFR r. 325(a)
or (b)
100
3128 Ride bicycle,
skateboard or
skates on vehicle,
platform or other
property
PRFR
r. 301(2)(a)
100
r. 202
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Column 1
Code
Column 2
Short Description
of Offence
Column 3
Reference
Column 4
Penalty
$
Offensive Behaviour
3140 Smoke in
carriage or on
premises
T.A. s. 222(1) 100
3141 Open lock or
locked door of
vehicle
PRFR r. 305(a) 100
3142 Lock unlocked
door of vehicle
PRFR
r. 305(b)
100
3143 Cause vehicle to
be stopped
PRFR r. 304 75
3144 Drink
intoxicating
liquor
PRFR r. 317 200
3146 Create
obstruction
PRFR r. 315 50
3147 Indecent/
offensive
language or
gesture
PRFR
r. 301(3)(a)
100
3149 Unauthorised
exit/entry
PRFR
r. 309(1)(a) or
(c)
100
3150 Interfere with
gates or doors on
premises
PRFR r. 305(c) 100
3151 Light/extinguish
lamps
PRFR
r. 302(b)
100
3152 Spit PRFR r. 316 50
3153 Driver fail to
obey reasonable
direction
PRFR r. 321(a) 50
3154 Offender refuse
to leave
PRFR
r. 324(2)
50
r. 202
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Column 1
Code
Column 2
Short Description
of Offence
Column 3
Reference
Column 4
Penalty
$
3155 Consign motor
vehicle etc. not
drained of fuel
PRFR r. 311 50
3156 Litter PRFR
r. 301(1)(c)
100
3157 Adult allow child
to offend
PRFR r. 326 25
3158 Articles on seats
which prevent
another from
using seat
PRFR r. 318 25
Offences Causing Danger
3170 Travel on part of
vehicle not meant
for travel
PRFR
r. 309(2)
100
3171 Apply brake or
emergency
device
PRFR r. 303 100
3173 Drive in a
dangerous
manner
PRFR r. 321(c) 100
3175 Speed while
driving
PRFR
r. 321(b)
100
3176 Explosives and
other dangerous
articles
PRFR
r. 310(1) or (2)
50
3178 Disorderly or
offensive
behaviour
PRFR
r. 301(4)(a)
100
3179 Interfere with
doors of vehicle
PRFR r. 306 100
3180 Interfere with
equipment
PRFR r. 302(a) 100
3181 Cross lines while
gates closed
PRFR
r. 308(1)(a)
200
r. 202
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Column 1
Code
Column 2
Short Description
of Offence
Column 3
Reference
Column 4
Penalty
$
3182 Cross against
signals
T.A.
s. 222(3)(ca)
200
3183 Cross against
employees
direction
PRFR
r. 308(1)(c)
200
3184 Heavy vehicle
cross tracks
PRFR
r. 322(1)(a) or
(b)
100
3185 Vehicle likely to
cause obstruction
PRFR
r. 322(1)(c)
100
3186 Board or leave
carriage in
motion or attempt
T.A.
s. 222(3)(a)
135
3187 Protrude part of
body from
carriage in
motion
T.A.
s. 222(3)(b)
135
3188 Cross line other
than at crossing
place or attempt
to cross
T.A.
s. 222(3)(c)
200
3189 Pedestrian cross
line or attempt
when warning
device in
operation
T.A.
s. 222(3)(d)
200
3190 Enter or leave
wrong side of
road vehicle
PRFR
r. 309(1)(b)
50
3191 Cross pit between
platforms
PRFR r. 307 200
Column 1 Column 2 Column 3 Column 4
r. 202
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Code
Short Description
of Offence Reference
Penalty
$
Offences Causing Damage
3200 Write or draw on
vehicle or
premises
PRFR
r. 301(3)(d)
100
3201 Damage property PRFR
r. 301(4)(b)
100
3202 Light fire PRFR r. 312(a) 100
3203 Bring burning
substance onto
vehicle or
premises
PRFR r. 312(c) 100
3204 Throw burning
substance
PRFR
r. 312(d)
100
3205 Feet on furniture
or other part of
carriage or
premises other
than the floor
T.A.
s. 222(3)(e)
100
3206 Over dimensional
vehicle cross
tracks
PRFR
r. 322(2)
100
203. Safety work infringement
(1) In this regulation—
"safety work infringement" means an offence
under section 94(1)(a) of the Act in the
circumstances referred to in paragraphs (a)
and (b) of the definition of "safety work
infringement" in section 208 of the Act.
(2) For the purposes of section 215B(5) of the Act,
the penalty prescribed for the safety work
infringement set out in Column 3 of the following
Table is the amount set out in Column 4 opposite
that safety work infringement.
r. 203
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(3) A description of the offence in Column 2 of the
following Table opposite the safety work
infringement set out in Column 3 is for
convenience of reference only and is not to be
taken to affect the nature or elements of the
offence to which the description refers or the
operation of these Regulations.
TABLE
SAFETY WORK INFRINGEMENT
Column 1
Code
Column 2
Short Description
of Offence
Column 3
Reference
Column 4
Penalty
$
3220 Carry out safety
work with
unlawful blood
alcohol level
T.A.
s. 94(1)(a)
240
204. Service of infringement notices
An infringement notice may be served—
(a) by personally serving the notice upon the
alleged offender; or
(b) by sending the notice by post addressed to
the alleged offender at his or her last known
place of residence or business.
205. Form of infringement notices
(1) An infringement notice is in the prescribed form if
it refers to the fact that it is an infringement notice
in relation to—
(a) a ticket infringement; or
(b) an offence against the Act or regulations
made under the Act that constitutes a
transport infringement; or
(c) an offence against section 94(1)(a) that
constitutes a safety work infringement—
r. 204
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(as the case requires).
(2) The particulars that an infringement notice must
contain are—
(a) the date on which the notice is issued;
(b) the number of the notice;
(c) the name and address of the person alleged
to have committed the infringement;
(d) the date and approximate time and place of
commission of the infringement;
(e) if the infringement arises out of the operation
or being in charge of a motor vehicle, the
registered number or other identification of
the vehicle;
(f) a brief description of the kind of
infringement alleged to have been
committed;
(g) a code by which the infringement may be
identified, being the code set out in Column
1 of the Table in regulation 201, 202 or 203
(as the case requires) opposite the
infringement set out in Column 3 of the
relevant Table;
(h) the amount of the penalty prescribed in
respect of that infringement;
(i) a statement to the effect that if the amount of
the penalty is paid on time, the matter will
not be brought before a court unless, before
the expiration of the period specified in the
notice as the time for payment of the penalty,
a member of the police force or an
authorised officer (as the case requires) gives
notice that the ticket infringement notice,
transport infringement notice or safety work
r. 205
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infringement notice (as the case requires) has
been withdrawn;
(j) the signature of the member of the police
force or authorised officer (as the case
requires) by whom the notice was issued.
206. Service of notice of withdrawal of infringement
notices
A notice of withdrawal of an infringement notice
may be served—
(a) by personally serving the notice upon the
alleged offender; or
(b) by sending the notice by post addressed to
the alleged offender at his or her last known
place of residence or business.
207. Form of notice of withdrawal of infringement notices
A notice of withdrawal of an infringement notice
is in the prescribed form if it is signed by a
member of the police force or an authorised
officer (as the case requires) and includes—
(a) the name and address of the person on whom
the infringement notice was served;
(b) the number and date of issue of the
infringement notice;
(c) a statement that the infringement notice has
been withdrawn;
(d) if it is intended that court proceedings may
be instituted against the person in respect of
the alleged infringement, a statement to that
effect;
(e) if payment has been made in respect of the
infringement penalty, a statement as to the
refund of the amount paid.
r. 206
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208. Payment of penalty
Payment of a penalty under section 213 or
215B(6) of the Act may be made by sending the
amount of the penalty by post or delivering it to
the address specified in the notice as the address
for payment of the penalty.
209. Proof of prior convictions
(1) A document setting out particulars of alleged prior
convictions or findings of guilt served under
section 214 or section 215F of the Act is in the
prescribed form if it sets out—
(a) the name and address of the person to whom
it applies; and
(b) in respect of each alleged prior conviction or
finding of guilt—
(i) a statement of the court at which the
person is alleged to have been
convicted or found guilty; and
(ii) the date of the alleged conviction or
finding; and
(iii) a short description of the alleged
offence; and
(iv) a short description of the alleged
penalty imposed.
(2) A notice which is required to be endorsed on a
document served under section 214(2) or
section 215F(2) of the Act must state that if the
person does not appear in answer to the summons
served with the notice and if the person is
convicted or found guilty of the infringement
alleged in the summons, the document will be
admissible as evidence that the person has been
convicted or found guilty previously as alleged.
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r. 208
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r. 209
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PART 3—MINOR AMENDMENT TO RELATED
REGULATIONS
301. Transport (Passengers and Rail Freight)
Regulations 1994
In regulation 321 of the Transport (Passengers and
Rail Freight) Regulations 19941 , at the end of
paragraphs (a), (b), (c), for "and" substitute "or".
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r. 301
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SCHEDULE
SCHEDULE 1
Regulation 103
REVOKED REGULATIONS
S.R. No. Title
197/1990 Transport (Infringements) Regulations 1990
106/1992 Transport (Infringements) (Amendment) Regulations 1992
91/1994 Transport (Infringements) (Amendment) Regulations 1994
221/1994 Transport (Infringements) (Safety Work Infringement)
Regulations 1994
189/1995 Transport (Infringements) (Amendment) Regulations 1995
171/1998 Transport (Public Transport Corporation) (Amendment)
Regulations 1998
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Sch. 1
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NOTES
1 Reg. 301: S.R. No. 90/1994. Reprint No. 1 as at 1 January 1999.
Further amended by S.R. No. 30/1999.
Notes
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