Transport (Public Transport Corporation) (Amendment) Regulations 1998

i Transport (Public Transport Corporation) (Amendment) Regulations 1998 S.R. No. 171/1998 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Regulations 1 5. Change of name, objective and authorising provisions of Principal Regulations 2 6. Definitions 2 7. Ticket conditions 5 201. Ticket conditions 5 8. Amendment of Public Transport Corporation references 5 9. New regulation 310 substituted 8 310. No dangerous goods on vehicles or premises 8 10. Further amendment of Public Transport Corporation references and revocation of obsolete regulations 8 11. Consequential amendment of Transport (Infringements) Regulations 1990 12 ═══════════════ NOTES 13 -- 1 of 14 -- 1 STATUTORY RULES 1998 S.R. No. 171/1998 Transport Act 1983 Transport (Public Transport Corporation) (Amendment) Regulations 1998 The Governor in Council makes the following Regulations: Dated: 15 December 1998 Responsible Minister: ROBIN COOPER Minister for Transport SHARNE BRYAN Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to amend and change the name of the Transport (Public Transport Corporation) Regulations 1994 as a consequence of the reorganisation of passenger and rail freight services. 2. Authorising provisions These Regulations are made under sections 56, 249B and 256 of the Transport Act 1983. 3. Commencement These Regulations come into operation on 1 January 1999. 4. Principal Regulations -- 2 of 14 -- S.R. No. 171/1998 Transport (Public Transport Corporation) (Amendment) Regulations 1998 2 In these Regulations the Transport (Public Transport Corporation) Regulations 19941 are called the Principal Regulations. 5. Change of name, objective and authorising provisions of Principal Regulations (1) In the title of the Principal Regulations for "Public Transport Corporation" substitute "Passengers and Rail Freight". (2) In regulation 101 of the Principal Regulations for "the public transport system of the Public Transport Corporation" substitute "the passenger services of passenger transport companies, the rail freight services of rail freight operators and the operations of Rail Track,". (3) In regulation 102 of the Principal Regulations for "section 56" substitute "sections 56, 249B and 256". (4) Regulation 103 of the Principal Regulations is revoked. 6. Definitions In regulation 104 of the Principal Regulations— (a) insert the following definitions— ' "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 -- 3 of 14 -- S.R. No. 171/1998 Transport (Public Transport Corporation) (Amendment) Regulations 1998 3 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;'; (b) for the definition of "authorised person" substitute— ' "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 or rail vehicle operated by the passenger transport company; or (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 purpose of these Regulations;'; (c) for the definition of "designated area" substitute— ' "designated area" means an area within rail premises designated by the relevant passenger transport company by means of signs in or near the area as an area for being on which a ticket is required;'; (d) for the definition of "rail vehicle" substitute— r. 6 -- 4 of 14 -- S.R. No. 171/1998 Transport (Public Transport Corporation) (Amendment) Regulations 1998 4 ' "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;'; (e) for the definition of "road vehicle" substitute— ' "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 and light rail vehicle that operates on or uses a tramway track;'; (f) for the definition of "travel concession card" substitute— ' "travel concession card" means a non- transferable card— (a) issued by a State or Commonwealth government department or a passenger transport company; and (b) accepted by a passenger transport company as entitling the holder to travel on rail or road vehicles at concessional rates fixed by that passenger transport company;'; (g) the definitions of "Corporation", "Corporation's premises" and "empties" are revoked. r. 6 -- 5 of 14 -- S.R. No. 171/1998 Transport (Public Transport Corporation) (Amendment) Regulations 1998 5 7. Ticket conditions For regulation 201 of the Principal Regulations substitute— "201. 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) 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 transport company remains the property of the company at all times.". 8. Amendment of Public Transport Corporation references (1) In the Principal Regulations— (a) in regulation 208— (i) after "vehicle" insert "operated by a passenger transport company"; (ii) for "the Corporation" substitute "that passenger transport company"; r. 7 -- 6 of 14 -- S.R. No. 171/1998 Transport (Public Transport Corporation) (Amendment) Regulations 1998 6 (b) in regulation 209 for "the Corporation, the Corporation" substitute "a passenger transport company, the passenger transport company"; (c) in regulation 211 for "the Corporation's premises" substitute "any rail premises"; (d) in regulation 213 omit "or to defraud the Corporation,". (2) In regulation 301— (a) in sub-regulations (1) and (2)(a) for "the Corporation's premises" substitute "any rail premises"; (b) in sub-regulation (2)(b)— (i) for "the Corporation's premises" substitute "any rail premises"; (ii) after "animal" (where first occurring) insert "(other than a dog)"; (c) in sub-regulation (2)(c) for "the Corporation's premises" substitute "any rail premises"; (d) in sub-regulation (2) for paragraph (d) substitute— "(d) convey or attempt to convey any animal in a rail or road vehicle, except in a compartment set aside for its carriage."; (e) in sub-regulation (3) for "the Corporation's premises" (where twice occurring) substitute "rail premises"; (f) in sub-regulation (4)— r. 8 -- 7 of 14 -- S.R. No. 171/1998 Transport (Public Transport Corporation) (Amendment) Regulations 1998 7 (i) for "the Corporation's premises" substitute "rail premises"; (ii) for "the Corporation" (where twice occurring) substitute "a passenger transport company, a rail freight operator or Rail Track"; (g) in sub-regulation (7)(d) for "the Corporation" substitute "the relevant passenger transport company or rail freight operator"; (h) in sub-regulation (8) for "the Corporation" substitute "a passenger transport company, a rail freight operator or Rail Track". (3) In the Principal Regulations— (a) in regulation 302 for "by the Corporation" (where twice occurring) substitute "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"; (b) in regulation 305(c) for "the Corporation's premises" substitute "any rail premises"; (c) in regulation 305 for paragraph (d) substitute— "(d) close or interfere with any gate or door on any rail premises that has been unlocked or opened by an authorised person or an employee of a passenger transport company, a rail freight operator or Rail Track; or"; (d) in regulation 308(1)(c) for "police officer or Corporation employee" substitute "member of the police force or an employee of a passenger transport company, a rail freight operator or Rail Track"; r. 8 -- 8 of 14 -- S.R. No. 171/1998 Transport (Public Transport Corporation) (Amendment) Regulations 1998 8 (e) in regulation 309(1)(a) and 309(2)(c) for "the Corporation's premises" substitute "any rail premises". 9. New regulation 310 substituted For regulation 310 of the Principal Regulations substitute— "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 anything that 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 anything that an employee of a passenger transport company, a rail freight operator or Rail Track 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 in or on the rail or road vehicle or rail premises. Penalty: 15 penalty units.". 10. Further amendment of Public Transport Corporation references and revocation of obsolete regulations r. 9 -- 9 of 14 -- S.R. No. 171/1998 Transport (Public Transport Corporation) (Amendment) Regulations 1998 9 (1) In the Principal Regulations— (a) in regulation 311 for "the Corporation" substitute "a passenger transport company or rail freight operator"; (b) in regulation 312— (i) for "the Corporation's premises" (wherever occurring) substitute "any rail premises"; (ii) in paragraph (a) for "the Corporation" substitute "a passenger transport company, a rail freight operator or Rail Track"; (c) regulations 313 and 314 are revoked; (d) in regulations 315 and 316 for "the Corporation's premises" (wherever occurring) substitute "any rail premises"; (e) in regulation 317— (i) for "the Corporation's premises" substitute "any rail premises"; (ii) for "the Corporation" substitute "a passenger transport company, a rail freight operator or Rail Track"; (f) in regulation 319 for "the Corporation's premises" substitute "any rail premises"; (g) in regulation 320— (i) for "the Corporation's premises" substitute "any rail premises"; (ii) for "the Corporation" substitute "a passenger transport company, a rail freight operator or Rail Track"; (h) in regulation 321 for "the Corporation's premises" substitute "any rail premises". -- 10 of 14 -- S.R. No. 171/1998 Transport (Public Transport Corporation) (Amendment) Regulations 1998 10 (2) In regulation 322 of the Principal Regulations— (a) in sub-regulation (1)— (i) in paragraph (c) for "the Corporation" substitute "a passenger transport company, a rail freight operator or Rail Track"; (ii) for "Corporation" (where secondly occurring) substitute "relevant passenger transport company or rail freight operator or Rail Track"; (b) in sub-regulation (2)— (i) in paragraph (c) for "the Corporation" substitute "a passenger transport company, a rail freight operator or Rail Track"; (ii) for "Corporation" (where secondly occurring) substitute "relevant passenger transport company or rail freight operator or Rail Track"; (c) in sub-regulation (3) for "the Corporation" substitute "a passenger transport company, a rail freight operator or Rail Track". (3) In regulation 322 of the Principal Regulations for sub-regulation (5) substitute— "(5) In addition to this fee, a passenger transport company, a rail freight operator or Rail Track may impose the charges set out in Schedule 1 if, in its opinion, 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.". (4) In the Principal Regulations— r. 10 -- 11 of 14 -- S.R. No. 171/1998 Transport (Public Transport Corporation) (Amendment) Regulations 1998 11 (a) in regulation 323(c) for "a Corporation employee" substitute "an employee of a passenger transport company, a rail freight operator or Rail Track"; (b) in regulation 324(1)— (i) for "the Corporation's premises" substitute "rail premises"; (ii) in paragraph (d) for "Corporation" substitute "passenger transport company, rail freight operator or Rail Track"; (c) in regulation 325— (i) for "the Corporation's premises" substitute "any rail premises"; (ii) for "Corporation" substitute "relevant passenger transport company or rail freight operator or Rail Track"; (d) in regulation 326 for "the Corporation's premises" substitute "any rail premises"; (e) regulation 328 is revoked; (f) Part 4 is revoked; (g) in the Schedule— (i) in clause 1 for "Charges for the Attendance of Corporation Officers or Agents (regardless of the number of Officers or Agents attending)" substitute "Charges for the attendance of passenger transport company, rail freight operator or Rail Track employees or agents for the purposes of regulation 322(5) (regardless of the number of employees or agents)—"; r. 10 -- 12 of 14 -- S.R. No. 171/1998 Transport (Public Transport Corporation) (Amendment) Regulations 1998 12 (ii) in clause 2 for "Charges for Vehicles used by the Corporation Officers or Agents at Crossing Site" substitute "Charges for vehicles used by passenger transport company, rail freight operator or Rail Track employees or agents in attendance". 11. Consequential amendment of Transport (Infringements) Regulations 1990 In regulation 201 of the Transport (Infringements) Regulations 1990 2 , in the definition of "PTCR" for "Public Transport Corporation" substitute "Passengers and Rail Freight". ═══════════════ r. 11 -- 13 of 14 -- S.R. No. 171/1998 Transport (Public Transport Corporation) (Amendment) Regulations 1998 13 NOTES 1 Reg. 4: S.R. No. 90/1994. 2 Reg. 11: S.R. No. 197/1990. Reprint No. 2 as at 9 October 1997. Further amended by S.R. No. 86/1998. Notes -- 14 of 14 --