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Transport (Passenger Rail Corporations) Regulations 1998

Legislation · Victoria · 2020
i Transport (Passenger Rail Corporations) Regulations 1998 S.R. No. 86/1998 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 101. Objectives 1 102. Authorising provisions 1 103. Commencement 2 104. Definitions 2 PART 2—TICKETS AND CONDITIONS OF TRAVEL 5 201. Ticket conditions 5 202. Expired ticket 5 203. Defaced ticket or concession card 6 204. Ticket not to be transferred 6 205. Surrender of ticket 6 206. Ticket to be validated 6 207. Give up seat 6 208. Reserved seat 7 209. Requirements relating to services which must be booked 7 210. Person not to remain in first class compartment without ticket or consent 7 211. Unauthorised person to leave vehicle or premises 8 212. Stops only for boarding or alighting 8 213. Person not to assist fare evasion 8 PART 3—OFFENCES ON VEHICLES OR PREMISES 9 301. Behaviour offences 9 302. Not to operate equipment 11 303. Not to apply brake 12 304. Not to stop vehicle 12 305. Use of doors on vehicles and premises 12 306. Not to interfere with automatic door 13 307. Not to cross pit between platforms 13 308. Rail crossing places 13 309. No exit, entry, or travel except in proper place 14 -- 1 of 36 -- Regulation Page ii 310. No dangerous goods on vehicles or premises 15 311. No fuel in vehicle carried 16 312. No fires on premises 16 313. Not to cause obstruction 17 314. No spitting 17 315. No unauthorised drinking 17 316. No articles on seats 17 317. Not to drive or leave vehicle on premises 17 318. Compliance of driver with directions 18 319. Overdimensional vehicle on tracks 18 320. Animals on tracks 20 321. Request to leave vehicle 20 322. No selling or busking 21 323. Child in company of adult 22 324. Place luggage as directed 22 325. Dangerous goods not to be consigned without prior arrangement 22 PART 4—CONSEQUENTIAL AMENDMENTS 23 401. Amendment of definitions in Transport (Infringements) Regulations 1990 23 402. New Table substituted in regulation 202 of Transport (Infringements) Regulations 1990 23 PART 5—EXPIRY OF REGULATIONS 30 501. Expiry 30 __________________ SCHEDULE 31 SCHEDULE 1—Charges for crossing track with oversize vehicles etc. 31 ═══════════════ NOTES 34 -- 2 of 36 -- 1 STATUTORY RULES 1998 S.R. No. 86/1998 Transport Act 1983 Transport (Passenger Rail Corporations) Regulations 1998 The Governor in Council makes the following Regulations: Dated: 30 June 1998 Responsible Minister: ROBIN COOPER Minister for Transport SHARNE BRYAN Clerk of the Executive Council PART 1—PRELIMINARY 101. Objectives The objectives of these Regulations are to— (a) provide for matters relating to the operation of railways and tramways by corporations other than the Public Transport Corporation; and (b) amend the Transport (Infringements) Regulations 1990 to include certain offences against these Regulations. 102. Authorising provisions These Regulations are made under sections 56, 215, 215G and 249B of the Transport Act 1983. -- 3 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 2 103. Commencement These Regulations come into operation on 1 July 1998. 104. Definitions In these Regulations— "Act" means Transport Act 1983; "authorised person" means— (a) a person employed by a passenger rail corporation or the PTC who has duties in relation to the issue, inspection or collection of tickets for, or the operation of, a rail or road vehicle operated by a passenger rail corporation; (b) a member of the police force of Victoria; (c) any other person appointed in writing by a passenger rail corporation or the Secretary for the purpose of these Regulations; "designated area" means an area within rail premises designated by the relevant passenger rail corporation by means of signs in or near the area as an area for being on which a ticket is required; "goods" means any article, package, parcel, item of luggage, merchandise, chattel or animal (whether dead or alive); "passenger rail corporation" means Met Train 1, Met Train 2, Met Tram 1, Met Tram 2 or V/Line Passenger Corporation; "periodical ticket" means a ticket valid for more than one day; r. 103 -- 4 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 3 "PTC" means Public Transport Corporation; "rail premises" means any land, building, premises or structure owned, occupied or leased by a passenger rail corporation; "rail vehicle" means a vehicle that operates on or uses a railway track and includes a train, carriage and wagon; "railway track" means railway track used by a passenger rail corporation to operate a railway; "road" includes any place open to or used by the public for passage with vehicles and every carriageway, footpath, traffic island, nature strip and any area provided to separate vehicular traffic on a road; "road vehicle" means any vehicle propelled by any form of motive power which is used or intended for use by a passenger rail corporation for the carriage of passengers or freight on any road and includes a tram and light rail vehicle 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 or road vehicle or be in a designated area; "tramway track" means tramway track used by a passenger rail corporation to operate a tramway; "travel concession card" means a non- transferable concession card issued by a State or Commonwealth Government Department, a passenger rail corporation or the PTC and accepted by a passenger rail corporation as entitling the holder to travel at r. 104 -- 5 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 4 concessional fares on rail or road vehicles operated by that corporation. _______________ r. 104 -- 6 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 5 PART 2—TICKETS AND CONDITIONS OF TRAVEL 201. Ticket conditions (1) A ticket issued by or on behalf of a passenger rail corporation is issued subject to any alteration which the corporation 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) The holder of a periodical ticket may be required to pay the ordinary fare payable for a journey on a rail or road vehicle or for entry to a designated area, if the holder cannot produce the periodical ticket to an authorised person on request. (3) A ticket issued by or on behalf of a passenger rail corporation remains the property of that corporation at all times. 202. Expired ticket A person must not use or attempt to use a ticket or travel concession card where the time for the using of that ticket or card has either expired or has not arrived. Penalty: 5 penalty units. r. 201 -- 7 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 6 203. Defaced ticket or concession card A person must not, without reasonable excuse, tender to an authorised person a ticket or travel concession card which has been materially altered, defaced, mutilated or made illegible in any way. Penalty: 10 penalty units. 204. Ticket not to be transferred A person who has begun to use a ticket that has not yet expired must not transfer that ticket to another person unless authorised by an authorised person. Penalty: 5 penalty units. 205. Surrender of ticket The holder of a ticket must surrender that ticket to an authorised person at the end of the period or journey for which the ticket was issued or at any time after the start of that period or journey if asked to do so by the authorised person. Penalty: 3 penalty units. 206. 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. 207. Give up seat (1) A person must vacate a seat which is designated for elderly or disabled passengers on a rail or road vehicle if asked to do so by an authorised person. Penalty: 5 penalty units. r. 203 -- 8 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 7 (2) The holder of a student concession ticket must vacate a seat on a rail or road vehicle on which there are no empty seats if asked to do so by an authorised person. Penalty: 5 penalty units. 208. Reserved seat A person must not, after being asked by an authorised person to refrain from doing so, occupy or attempt to occupy in any rail or road vehicle operated by a passenger rail corporation, a seat or compartment which has been reserved by that corporation for another person. Penalty: 5 penalty units. 209. Requirements relating to services which must be booked If a service provided by a passenger rail corporation is one on which that corporation specifies that it is compulsory to book a seat, sleeping berth or reserved standing room, a person must not, except with the permission of an authorised person— (a) travel or attempt to travel on that service without booking a seat, sleeping berth or standing room; or (b) occupy or attempt to occupy a seat, sleeping berth or standing room that has not been allocated to that person. Penalty: 5 penalty units. 210. Person not to remain in first class compartment without ticket or consent A person must not remain or travel in a first class compartment of any rail or road vehicle unless that person— r. 208 -- 9 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 8 (a) possesses a first class ticket for travel in that compartment; or (b) has obtained the consent of an authorised person to travel or remain in that compartment. Penalty: 5 penalty units. 211. Unauthorised person to leave vehicle or premises A person must not, unless in possession of a valid ticket authorising that person to do so, remain in or on any rail or road vehicle or any rail premises after being asked by an authorised person to leave the vehicle or premises. Penalty: 5 penalty units. 212. Stops only for boarding or alighting A person must not— (a) board a rail or road vehicle at a stop where the vehicle has stopped only to set down passengers; or (b) alight from a rail or road vehicle at a stop where the vehicle has stopped only to pick up passengers. Penalty: 5 penalty units. 213. Person not to assist fare evasion A person must not knowingly assist another person to evade payment of a fare or do or omit to do anything which would be a breach of regulation 202, 203, 204 or 206. Penalty: 10 penalty units. _______________ r. 211 -- 10 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 9 PART 3—OFFENCES ON VEHICLES OR PREMISES 301. Behaviour offences (1) A person must not while in or on any rail or road vehicle or rail premises— (a) gamble, unless the vehicle or premises is licensed for gambling; or (b) operate or play any musical instrument, radio, tape player or any other instrument or device capable of emitting sound, unless the sound is contained by the use of headphones; or (c) throw down, drop or otherwise deposit, except in a receptacle provided for the purpose, any litter, tin, carton, package, paper, glass, food, refuse or other rubbish. Penalty: 5 penalty units. (2) A person must not— (a) ride a bicycle, pedal cycle, scooter, moped, skate board, in-line skates, roller skates or similar device on rail premises or in any rail or road vehicle or on any railway platform; or (b) drive, carry, ride or lead any animal (other than a dog) on, or allow any such animal to stray onto, rail premises; or (c) bring any dog onto rail premises unless the dog is properly restrained by a harness or by a lead attached to a collar or chocker chain; or (d) convey or attempt to convey any animal in a rail or road vehicle, except in a compartment set aside for its carriage. r. 301 -- 11 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 10 Penalty: 5 penalty units. (3) A person must not while in or on any rail or road vehicle or rail premises— (a) use any indecent, insulting, obscene, offensive, or threatening language or gesture; or (b) commit any nuisance or act in a way that is likely to interfere with the comfort of any other person; or (c) convey or attempt to convey any goods, substances or things which are likely to be a source of annoyance or discomfort to any other person or are liable to cause injury to or to endanger any person or to damage the road or rail vehicle or any property; or (d) write, draw or affix any word representation, character or poster on or to a rail or road vehicle or rail premises. Penalty: 10 penalty units. (4) A person must not while in or on any rail or road vehicle or rail premises— (a) behave in a disorderly, indecent, offensive or riotous manner; or (b) destroy, damage, deface, mutilate or injure any property of a passenger rail corporation; or (c) throw any thing at any vehicle, premises or other property whether or not that vehicle, premises or property is owned or occupied by a passenger rail corporation. Penalty: 15 penalty units. r. 301 -- 12 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 11 (5) A person must not while in a rail or road vehicle in motion protrude any object from a door or window. Penalty: 10 penalty units. (6) A person must not place any thing on any railway track or tramway track. Penalty: 20 penalty units. (7) Sub-regulations (2)(b), (c) and (d) do not apply to— (a) a blind person accompanied by a guide dog; or (b) a person accompanied by a guide dog in training; or (c) a person whose hearing is impaired and who is accompanied by a guide dog; or (d) a person conveying an animal which is contained in a suitable receptacle of a type approved by the relevant passenger rail corporation unless directed otherwise by an authorised person. (8) This regulation does not apply to anything done or omitted to be done in the course of his or her duties by a member of the police force or a person employed by a passenger rail corporation or the PTC. 302. Not to operate equipment A person must not without the permission of an authorised person— (a) move, interfere with, tamper with, operate or attempt to operate any equipment, rail or road vehicle or any apparatus or device owned or operated by a passenger rail corporation; or r. 302 -- 13 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 12 (b) light or extinguish or operate any lamp, light or signal owned or operated by a passenger rail corporation. Penalty: 20 penalty units. 303. Not to apply brake A person must not, without reasonable excuse, apply any brake or make use of any emergency device fitted to a rail or road vehicle. Penalty: 20 penalty units. 304. Not to stop vehicle A person must not, without reasonable excuse, cause or attempt to cause a rail or road vehicle in motion to be stopped. Penalty: 20 penalty units. 305. Use of doors on vehicles and premises A person must not without reasonable excuse— (a) unlock a lock or open a locked door on any rail or road vehicle; or (b) lock any unlocked door on any rail or road vehicle; or (c) open or interfere with any locked gate or door on any rail premises; or (d) close or interfere with any gate or door on any rail premises, which has been unlocked or opened by an authorised person or an employee of a passenger rail corporation or of the PTC; or (e) open or hold open on any rail or road vehicle which is in motion any door which provides access to the outside of the rail or road vehicle. Penalty: 10 penalty units. r. 303 -- 14 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 13 306. Not to interfere with automatic door If an automatic door is fitted to any rail or road vehicle, a person must not— (a) prevent or attempt to prevent the door from opening or closing; or (b) open or attempt to open the door before the release mechanism is operated by an 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. 307. Not to cross pit between platforms A person must not, without the permission of an authorised person, enter any place between 2 platforms where it is necessary for that person to descend from one of the platforms and cross over the railway track to gain access to the other. Penalty: 20 penalty units. 308. Rail crossing places (1) A person must not cross or attempt to cross over on the level any railway track— (a) at a place provided as a crossing place at which gates are located unless the gates are opened or unlocked to permit vehicular or foot traffic; or (b) if a train in motion is in sight and is approaching; or r. 306 -- 15 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 14 (c) at any place provided as a crossing place if asked by a member of the police force or an employee of a passenger rail corporation to refrain from so doing. Penalty: 20 penalty units. (2) The driver of a motor vehicle must, when approaching a railway level crossing, stop the vehicle so that the point of the vehicle is on the approach side of, and safely clear of, the nearest rail and of any gate, boom or barrier at the crossing unless the driver can proceed through the crossing without stopping before the rear of the vehicle is on the departure side of and safely clear of the furtherest rail and of any gate, boom or barrier at the crossing. Penalty: 20 penalty units. 309. No exit, entry, or travel except in proper place (1) A person who does not have either a reasonable excuse or the permission of an authorised person must not— (a) enter or leave a station, platform or other part of any rail premises other than by means of an entrance or exit provided for passengers or the public; or (b) enter or leave a road vehicle other than by means of an exit or entrance for passengers on the left hand side of the vehicle in the direction of travel; or (c) enter or leave or attempt to enter or leave a rail vehicle by means other than a doorway which adjoins a platform. Penalty: 15 penalty units. (2) A person must not without reasonable excuse— r. 309 -- 16 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 15 (a) travel on or attempt to travel on a locomotive or on the roof of a rail or road vehicle or a coupling or communicating platform between rail or road vehicles or on or in any part of a rail or road vehicle other than a part intended for the carriage of passengers; or (b) mount or attempt to mount a locomotive or the roof of a rail or road vehicle or a coupling or communicating platform between rail or road vehicles or on or in any part of a rail or road vehicle other than a part intended for the carriage of passengers; or (c) mount, climb or walk on a part of any rail premises or any structure on those premises not intended for use by passengers or the public. Penalty: 20 penalty units. 310. No dangerous goods on vehicles or premises (1) A person must not take into or onto, or attempt to take into or onto, any rail or road vehicle any explosives or inflammable liquid or any thing which may project beyond the rail or road vehicle. Penalty: 15 penalty units. (2) A person must not take into or onto, or attempt to take into or onto, any rail premises any explosives or inflammable liquid. Penalty: 15 penalty units. (3) A person must not take into or onto, or attempt to take into or onto, any rail or road vehicle or rail premises any thing that an employee of the relevant passenger rail corporation or of the PTC has told the person is liable to cause injury to, or to endanger, any person or to damage the rail or road vehicle or any property. r. 310 -- 17 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 16 Penalty: 15 penalty units. 311. No fuel in vehicle carried A person must not consign for carriage by a passenger rail corporation a motor vehicle or motor cycle from which the fuel has not been drained. Penalty: 15 penalty units. 312. No fires on premises A person must not— (a) light a fire on any rail premises or on any rail or road vehicle, unless authorised in writing by the relevant passenger rail corporation; or (b) leave a fire which has been lit by that person on any rail premises or on any rail or road vehicle until such fire is completely extinguished; or (c) bring any burning substance into or onto any rail or road vehicle or rail premises or by any act or omission cause a burning substance to be brought into or onto any such vehicle or premises in circumstances likely to cause injury to, or to endanger, any person or to damage the rail or road vehicle or any property; or (d) throw or drop any burning substance onto or from any rail or road vehicle or rail premises or by any act or omission cause it to happen that a burning substance, including a cigarette, is thrown or dropped onto 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. 311 -- 18 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 17 313. Not to cause obstruction A person must not create an obstruction in or about any rail or road vehicle or rail premises. Penalty: 10 penalty units. 314. No spitting A person must not spit on any part of any rail or road vehicle or rail premises or at or on any other person on any rail or road vehicle or rail premises. Penalty: 5 penalty units. 315. No unauthorised drinking A person must not drink any intoxicating liquor in or on any rail or road vehicle or rail premises unless the liquor has been purchased from, and is consumed at, a place that has been authorised by the relevant passenger rail corporation for that purpose. Penalty: 10 penalty units. 316. No articles on seats A person must not, without reasonable excuse, prevent another person from occupying a seat in a rail or road vehicle in the vicinity of the seat he or she is occupying by placing a part of his or her body or any article of any kind on that seat and refusing to move the article or part of his or her body when asked. Penalty: 5 penalty units. 317. Not to drive or leave vehicle on premises A person must not drive, ride, park or leave standing any motor vehicle on any part of rail premises that is not set aside by the relevant r. 313 r. 317 -- 19 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 18 passenger rail corporation for the use of motor vehicles. Penalty: 5 penalty units. 318. Compliance of driver with directions A person who drives or rides a motor vehicle on any rail premises must— (a) comply with all reasonable directions of an authorised person; and (b) obey all relevant speed restrictions, traffic control signs and parking control signs displayed on the premises; and (c) not drive in a manner which is likely to cause injury to, or to endanger, any person or to damage any property; and (d) not leave the vehicle standing so as to cause an obstruction. Penalty: 5 penalty units. 319. Overdimensional vehicle on tracks (1) A person must not drive or attempt to drive or convey across any railway track— (a) any motor vehicle, machine, trailer or contrivance the mass limit of which exceeds the mass limit prescribed in Division 2 of Part 7 of the Road Safety (Vehicles) Regulations 1988 except under and in accordance with a permit or notice issued under Division 4 of that Part; or (b) any motor vehicle, machine, trailer or contrivance which, either by itself or in combination with any load carried by it, exceeds 4·9 metres in height (when measured from the uppermost surface of the -- 20 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 19 track to be crossed) or 3 metres in breadth; or (c) any motor vehicle, machine, trailer or contrivance which may obstruct, displace or interfere with the track to be crossed or with any overhead power line of a passenger rail corporation in the vicinity of the track— without the written permission of the relevant passenger rail corporation obtained at least 2 clear working days before then. Penalty: 20 penalty units. (2) A person must not drive or attempt to drive or convey across any tramway track— (a) any motor vehicle, machine, trailer or contrivance the mass limit of which exceeds the mass limit prescribed in Division 2 of Part 7 of the Road Safety (Vehicles) Regulations 1988 except under and in accordance with a permit or notice issued under Division 4 of that Part; or (b) any motor vehicle, machine, trailer or contrivance which, either by itself or in combination with any load carried by it, exceeds 4·3 metres in height (when measured from the uppermost surface of the track to be crossed) or 6 metres in breadth; or (c) any motor vehicle, machine, trailer or contrivance which may obstruct, displace or interfere with the track to be crossed or with any overhead power line or support wires of a passenger rail corporation in the vicinity of the track— r. 319 -- 21 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 20 without the written permission of the relevant passenger rail corporation obtained at least 2 clear working days before then. Penalty: 20 penalty units. (3) A person must comply with any conditions imposed by a passenger rail corporation in granting permission under sub-regulation (1) or (2). Penalty: 20 penalty units. (4) The fee for the granting of permission under sub- regulation (1) or (2) is $34. (5) In addition to this fee, a passenger rail corporation may impose the charges set out in Schedule 1 if, in the opinion of that passenger rail corporation, the presence of one or more of its employees or agents is necessary in the interests of safety when the vehicle, machine, trailer or contrivance crosses the railway track or tramway track. 320. Animals on tracks A person must not ride, lead or drive or attempt to ride, lead or drive an animal across any railway level crossing— (a) when a train in motion is in sight and is approaching the crossing; or (b) when warned by means of a warning device or sign that a train is approaching the crossing; or (c) when asked by an employee of a passenger rail corporation to refrain from so doing. Penalty: 20 penalty units. 321. Request to leave vehicle (1) An authorised person may ask a person to leave a rail or road vehicle or rail premises if— r. 320 r. 321 -- 22 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 21 (a) when the person entered the rail or road vehicle it was fully loaded with passengers; 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 may, in the opinion of an authorised person, soil or damage any property of that passenger rail corporation 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 having been asked by an authorised person to refrain from doing so; or (f) the person commits an offence against the Act or these Regulations. (2) A person who has been asked to leave a rail or road vehicle or premises under sub-regulation (1) must comply with the request immediately. Penalty: 10 penalty units. (3) An authorised person may remove from a vehicle or premises any person who fails to comply with a request made under sub-regulation (1). 322. No selling or busking A person must not while on any rail or road vehicle or rail premises, unless authorised in writing by the relevant passenger rail corporation to do so— -- 23 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 22 (a) hawk, sell, hire, offer or expose for sale or for hire any articles or goods of any description; or (b) tout, solicit or ply for custom, hire or employment of any description; or (c) distribute hand bills; or (d) solicit money or goods; or (e) busk. Penalty: 5 penalty units. 323. Child in company of adult If a child, under the age of 10 years, is accompanied by an adult in a rail or road vehicle or on rail premises, the adult must take all reasonable steps to prevent the child from acting contrary to these Regulations. Penalty: 5 penalty units. 324. Place luggage as directed A passenger on a rail or road vehicle must place personal or other luggage carried by that passenger as directed by an authorised person. Penalty: 2 penalty units. 325. Dangerous goods not to be consigned without prior arrangement A person must not consign or deliver to a passenger rail corporation for carriage any dangerous goods (whether within the meaning of the Dangerous Goods Act 1985 or otherwise) without making a prior arrangement with that passenger rail corporation for the carriage of the goods. Penalty: 20 penalty units. _______________ r. 323 -- 24 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 23 PART 4—CONSEQUENTIAL AMENDMENTS 401. Amendment of definitions in Transport (Infringements) Regulations 1990 In regulation 201 of the Transport (Infringements) Regulations 1990 1 insert the following definition— ' "PRCR" means the Transport (Passenger Rail Corporations) Regulations 1998.'. 402. New Table substituted in regulation 202 of Transport (Infringements) Regulations 1990 For the Table in regulation 202 of the Transport (Infringements) Regulations 1990 substitute— 'TABLE LIST OF INFRINGEMENTS Column 1 Code Column 2 Short Description of Offence Column 3 Reference Column 4 Penalty Ticket Offences 3100 Fail to produce evidence of concession T.A. s. 221(4A) 100 3102 Expired ticket PTCR r. 202, PRCR r. 202 100 3103 Transfer ticket to another person PTCR r. 204, PRCR r. 204 100 3104 Make journey without valid ticket T.A. s. 221(3) 100 3105 Remain in vehicle or on premises without ticket having been requested to leave PTCR r. 324(2), PRCR r. 321(2) 100 r. 401 -- 25 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 24 Column 1 Code Column 2 Short Description of Offence Column 3 Reference Column 4 Penalty 3106 Unable to produce valid ticket while making journey T.A. s. 221(4) 100 Behaviour Offences 3120 Distribute hand bills, busk, or solicit money PTCR r.325(c)(d)(e), PRCR r. 325(c)(d)(e) 100 3121 Play a musical instrument or radio PTCR r.301(1)(b), PRCR 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)(a) 100 3124 Refuse to give name and address T.A. s. 218B(4)(a) 100 3125 Unauthorised operation of equipment or vehicle PTCR r. 302(a), PRCR r. 302(a) 50 3126 Failure to place luggage or goods as directed by employee PTCR r. 327, PRCR r. 324 50 3127 Unauthorised hawking, selling, touting or soliciting PTCR r. 325(a)(b), PRCR r. 322(a)(b) 100 Column 1 Column 2 Column 3 Column 4 r. 402 -- 26 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 25 Code Short Description of Offence Reference Penalty 3128 Ride bicycle, skateboard or skates on vehicle, platform or other property PTCR r. 301(2)(a), PRCR r. 301(2)(a) 100 Offensive Behaviour 3140 Smoke in carriage or on premises T.A. s. 222(1) 100 3141 Open lock or locked door of vehicle PTCR r. 305(a), PRCR r. 305(a) 100 3142 Lock unlocked door of vehicle PTCR r. 305(b), PRCR r. 305(b) 100 3143 Cause vehicle to be stopped PTCR r. 304, PRCR r. 304 75 3144 Drink intoxicating liquor PTCR r. 317, PRCR r. 315 200 3146 Create obstruction PTCR r. 315, PRCR r. 313 50 3147 Indecent/offensiv e language or gesture PTCR r. 301(3)(a), PRCR r. 301(3)(a) 100 3149 Unauthorised exit/entry PTCR r. 309(1)(a)(c), PRCR r. 309(1)(a)(c) 100 3150 Interfere with gates or doors on premises PTCR r. 305(c), PRCR r. 305(c) 100 Column 1 Column 2 Short Description Column 3 Column 4 r. 402 -- 27 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 26 Code of Offence Reference Penalty 3151 Light/extinguish lamps PTCR r. 302(b), PRCR r. 302(b) 100 3152 Spit PTCR r. 316, PRCR r. 314 50 3153 Driver fail to obey reasonable direction PTCR r. 321(a), PRCR r. 318(a) 50 3154 Offender refuse to leave PTCR r. 324(2), PRCR r. 321(2) 50 3155 Consign motor vehicle etc. not drained of fuel PTCR r. 311, PRCR r. 311 50 3156 Litter PTCR r. 301(1)(c), PRCR r. 301(1)(c) 100 3157 Adult allow child to offend PTCR r. 326, PRCR r. 323 25 3158 Articles on seats which prevent another from using seat PTCR r. 318, PRCR r. 316 25 Offences Causing Danger 3170 Travel on part of vehicle not meant for travel PTCR r. 309(2), PRCR r. 309(2) 100 3171 Apply brake or emergency device PTCR r. 303, PRCR r. 303 100 Column 1 Column 2 Short Description Column 3 Column 4 r. 402 -- 28 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 27 Code of Offence Reference Penalty 3173 Drive in a dangerous manner PTCR r. 321(c), PRCR r. 318(c) 100 3175 Speed while driving PTCR r. 321(b), PRCR r. 318(b) 100 3176 Explosives and other dangerous articles PTCR r. 310(1), PRCR r. 310(1)(2) 50 3178 Disorderly or offensive behaviour PTCR r. 301(4)(a), PRCR r. 301(4)(a) 100 3179 Interfere with doors of vehicle PTCR r. 306, PRCR r. 306 100 3180 Interfere with equipment PTCR r. 302(a), PRCR r. 302(a) 100 3181 Cross lines while gates closed PTCR r. 308(1)(a), PRCR r. 308(1)(a) 200 3182 Cross against signals T.A. s. 222(3)(ca) 200 3183 Cross against employees direction PTCR r. 308(1)(c), PRCR r. 308(1)(c) 200 3184 Heavy vehicle cross tracks PTCR r. 322(1)(a)(b), PRCR r. 319(1)(a)(b) 100 Column 1 Code Column 2 Short Description of Offence Column 3 Reference Column 4 Penalty r. 402 -- 29 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 28 3185 Vehicle likely to cause obstruction PTCR r. 322(1)(c), PRCR r. 319(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 PTCR r. 309(1)(b), PRCR r. 309(1)(b) 50 3191 Cross pit between platforms PTCR r. 307, PRCR r. 307 200 Offences Causing Damage 3200 Write or draw on vehicle or premises PTCR r. 301(3)(d), PRCR r. 301(3)(d) 100 3201 Damage property PTCR r. 301(4)(b), PRCR r. 301(4)(b) 100 Column 1 Code Column 2 Short Description of Offence Column 3 Reference Column 4 Penalty 3202 Light fire PTCR r. 312(a), 100 r. 402 -- 30 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 29 PRCR r. 312(a) 3203 Bring burning substance onto vehicle or premises PTCR r. 312(c), PRCR r. 312(c) 100 3204 Throw burning substance PTCR r. 312(d), PRCR 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 PTCR r. 322(2), PRCR r. 319(2) 100 Safety Work Offence 3220 Carry out safety work with unlawful blood alcohol level T.A. s. 94(1)(a) 240'. _______________ r. 402 -- 31 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 30 PART 5—EXPIRY OF REGULATIONS 501. Expiry These Regulations expire on 31 December 1998. __________________ r. 501 -- 32 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 31 SCHEDULE SCHEDULE 1 CHARGES FOR CROSSING TRACK WITH OVERSIZE VEHICLES ETC. 1. The following are charges for the attendance of passenger rail corporation employees or agents in connection with the crossing of a railway or tramway track by a motor vehicle, machine, trailer or contrivance in accordance with a permission granted under regulation 319(1) or (2) (regardless of the number of employees or agents attending)— (a) suburban railway track crossing— (i) on a weekday— (A) if overhead power lines and aerial signal lines are involved—$524 plus $262 per hour for each hour after the first 2 hours; (B) if overhead power lines are involved but aerial signal lines are not—$460 plus $230 per hour for each hour after the first 2 hours; (C) if aerial signal lines are involved but overhead power lines are not—$214 plus $107 per hour for each hour after the first 2 hours; (D) in all other cases—$150 plus $75 per hour for each hour after the first 2 hours; (ii) at the weekend or on a public holiday— (A) if overhead power lines and aerial signal lines are involved—$598 plus $299 per hour for each hour after the first 2 hours; (B) if overhead power lines are involved but aerial signal lines are not—$526 plus $263 per hour for each hour after the first 2 hours; (C) if aerial signal lines are involved but overhead power lines are not—$244 plus $122 per hour for each hour after the first 2 hours; (D) in all other cases—$172 plus $86 per hour for each hour after the first 2 hours; Sch. 1 -- 33 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 32 (b) country railway track crossing— (i) on a weekday— (A) if aerial signal lines are involved—$64 plus $32 per hour for each hour after the first 2 hours; (B) in all other cases—$52 plus $26 per hour for each hour after the first 2 hours; (ii) at the weekend or on a public holiday— (A) if aerial signal lines are involved—$72 plus $36 per hour for each hour after the first 2 hours; (B) in all other cases—$58 plus $29 per hour for each hour after the first 2 hours; (c) tramway track crossing— (i) on a weekday— (A) if overhead power lines are involved—$358 plus $179 per hour for each hour after the first 2 hours; (B) in all other cases—$150 plus $75 per hour for each hour after the first 2 hours; (ii) at the weekend or on a public holiday— (A) if overhead power lines are involved—$408 plus $204 per hour for each hour after the first 2 hours; (B) in all other cases—$172 plus $86 per hour for each hour after the first 2 hours. 2. The following are charges for vehicles used by passenger rail corporation employees or agents in attending at a crossing site in the circumstances referred to in paragraph 1— (1) Car (Sedan or station wagon)—10·30 cents per kilometre; (2) 4 wheel drive—14·74 cents per kilometre; (3) Van—15·63 cents per kilometre; (4) Utility—15·61 cents per kilometre; (5) Truck—25·41 cents per kilometre. The kilometre distance is the sum of— Sch. 1 -- 34 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 33 (a) the distance from the relevant depot on the previous work site of the vehicle to the crossing site (whichever is the shorter distance); and (b) the distance from the crossing site to the relevant depot on the next work site of the vehicle (whichever is the shorter distance). ═══════════════ Sch. 1 -- 35 of 36 -- S.R. No. 86/1998 Transport (Passenger Rail Corporations) Regulations 1998 34 NOTES 1 Reg. 401: S.R. No. 197/1990. Notes -- 36 of 36 --