Version No. 017 Transport (Conduct) Regulations 2005 S.R. No. 69/2005 Version incorporating amendments as at 19 May 2014 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objectives 1 2 Authorising provisions 2 3 Interpretation 2 4 Liability for offences 9 PART 2—CONDITIONS OF TRAVEL 10 11 Vacating seats for persons with special needs 10 12 Students to vacate seats 11 13 Occupying unreserved seats 11 14 Unauthorised travel and seating 11 PART 3—CONDUCT AFFECTING AMENITY 13 15 Placing luggage as directed 13 16 Playing a musical instrument 13 17 Operating sound equipment 13 18 Gambling 14 19 Selling and busking etc. 14 20 Dogs and other animals on vehicles or rail premises 15 21 Dogs not to occupy seats 16 22 Animals not to stray 16 1
Transcript
Version No. 017
Transport (Conduct) Regulations 2005S.R. No. 69/2005
11 Vacating seats for persons with special needs 1012 Students to vacate seats 1113 Occupying unreserved seats 1114 Unauthorised travel and seating 11
PART 3—CONDUCT AFFECTING AMENITY 13
15 Placing luggage as directed 1316 Playing a musical instrument 1317 Operating sound equipment 1318 Gambling 1419 Selling and busking etc. 1420 Dogs and other animals on vehicles or rail premises 1521 Dogs not to occupy seats 1622 Animals not to stray 1624 Drinking liquor and possessing an open container of liquor 1624A Smoking 1725 Littering 1926 Spitting 2027 Graffiti 2027A Scratching or burning 2027B Feet on furniture 20
1
PART 4—GENERAL CONDUCT AFFECTING SAFETY 22
28 Prohibited language and behaviour 2229 Committing a nuisance etc. 2230 Conveying things likely to annoy, injure or endanger 2231 Protruding part of body or object 2332 Throwing things 2333 Creating an obstruction 2434 Entering and leaving 2434A Vehicle in motion 2535 Riding a bicycle etc. 2536 Driving or riding a vehicle on rail premises 26
PART 5—RAILWAY AND TRAMWAY TRACKS 28
39 Crossing railway tracks by pedestrians 2840 Crossing tramway tracks by pedestrians 2941 Entering a pit between platforms and entering onto railway or
designated tramway tracks 3042 Crossing railway and tramway tracks 3043 Stopping or standing on crossings between boom gates 31
54 Request to leave vehicle and power to remove 36═══════════════
ENDNOTES 39
1. General Information 39
2. Table of Amendments 40
3. Explanatory Details 42
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Version No. 017
Transport (Conduct) Regulations 2005S.R. No. 69/2005
Version incorporating amendments as at19 May 2014
PART 1—PRELIMINARY
1 Objectives
The objectives of these Regulations are to—
* * * * *
(c) regulate the use of seating and other accommodation on public transport vehicles having regard to fairness and community standards;
(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 (Compliance and Miscellaneous) Act 1983.
3 Interpretation
(1) In these Regulations—
authorised person (conduct) means—
(a) an authorised officer; or
(b) a member of the police force; or
(ba) a protective services officer; or
(c) 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
(d) any other person appointed in writing by a passenger transport company, a bus company or a rail freight operator, Rail Track, or the Secretary or the Public Transport Development Authority for the purposes of these Regulations;
2
Reg. 2 amended by S.R. No. 105/2011 reg. 3.
r. 2
Reg. 3(1) def. of authorised person amended by S.R. No. 144/2005 reg. 3, substituted as authorised person (conduct) by S.R. No. 86/2006 reg. 4(Sch. item 1.3), substituted by S.R. No. 73/2008 reg. 5, amended by S.R. Nos 131/2011 reg. 4(a), 22/2012 reg. 4.
bicycle has the same meaning as in the Road Safety Road Rules 2009;
r. 3Reg. 3(1) def. of designated area revoked by S.R. No. 86/2006 reg. 4(Sch. item 1.3), new def. of designated area inserted by S.R. No. 1/2014 reg. 4.
designated area has the same meaning as it has in the Transport (Ticketing) Regulations 2006;
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;
3
Reg. 3(1) def. of bicycle substituted by S.R. No. 6/2014 reg. 5(a).
Diagram 3: Designated tramway tracks
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r. 3
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
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(c) a person pushing a motorised or non-motorised wheelchair;
protective services officer means a protective services officer appointed under section 118B(1) of the Police Regulation Act 1958;
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 Rules means the Road Safety Road Rules 2009;
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
6
Reg. 3(1) def. of protective services officer inserted by S.R. No. 131/2011 reg. 4(b).
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Reg. 3(1) def. of Road Rules inserted by S.R. No. 6/2014 reg. 5(b).
carriage of passengers or freight on any road and includes a tram that operates on or uses a tramway track;
* * * * *
* * * * *
* * * * *
* * * * *
tramway track means a tramway track used by a passenger transport company to operate a tramway for the carriage of passengers;
* * * * *
7
Reg. 3(1) def. of ticket revoked by S.R. No. 86/2006 reg. 4(Sch. item 1.4).
Reg. 3(1) def. of ticket barrier revoked by S.R. No. 86/2006 reg. 4(Sch. item 1.4).
Reg. 3(1) def. of ticket validating device revoked by S.R. No. 86/2006 reg. 4(Sch. item 1.4).
Reg. 3(1) def. of ticket validating machine revoked by S.R. No. 86/2006 reg. 4(Sch. item 1.4).
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Reg. 3(1) def. of travel concession card revoked by S.R. No. 86/2006 reg. 4(Sch. item 1.4).
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;
(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 has the same meaning as in the Road Rules;
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r. 3
Reg. 3(1) def. of wheeled recreational device substituted by S.R. No. 6/2014 reg. 5(c).
wheeled toy has the same meaning as in the Road Rules.
(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.
4 Liability for offences
An authorised person (conduct) and an employee, contractor or agent of a passenger transport company, a rail freight operator or Rail Track are not liable for an offence under these Regulations for anything done in the course of duty by that person.
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Reg. 3(1) def. of wheeled toy substituted by S.R. No. 6/2014 reg. 5(d).
(1) A person with special needs or another person on that person's behalf or an authorised person (conduct) 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 subregulation (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
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(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 (conduct) 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 subregulation (1).
Penalty: 5 penalty units.
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 (conduct) 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 (conduct).
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(2) An authorised person (conduct) may request a person to comply with any conditions of travel referred to in subregulation (1).
(3) An authorised person (conduct) 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 (conduct) under subregulation (2) or (3).
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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 (conduct).
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.
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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.
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20 Dogs and other animals on vehicles or rail premises
(1) A person must not take a dog, or other animal, onto or into a rail vehicle, a road vehicle or rail premises.
Penalty: 5 penalty units.
(2) Subregulation (1) does not apply to—
(a) a guide dog or a guide dog in training for a person with a sight or hearing impairment; or
(b) in the case of a rail vehicle (other than a rail vehicle operated by V/Line Passenger Corporation), road vehicle or rail premises, a small dog or other small animal that is placed in a closed container; or
(c) in the case of a rail vehicle (other than a rail vehicle operated by V/Line Passenger Corporation) or rail premises, a dog that is restrained by the person by a lead or harness and prevented from biting by a muzzle.
(3) Subregulation (1) does not apply to a dog or other animal taken onto or into a public transport service provided by a passenger transport company in accordance with the conditions determined under section 220D(1) of the Act.Note
The conditions determined under section 220D of the Act must be published in the Government Gazette.
(4) A person who takes a dog, or other animal, onto or into a rail vehicle, road vehicle or rail premises must remove any matter emanating from the dog or animal or its container from the vehicle or premises before leaving.
Penalty: 5 penalty units.
Reg. 20 substituted by S.R. No. 73/2008 reg. 6.
r. 20
Reg. 20(3) amended by S.R. No. 22/2012 reg. 5(1).
Note to reg. 20(3) amended by S.R. No. 22/2012 reg. 5(2).
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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.
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.
* * * * *
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.
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Reg. 23 revoked by S.R. No. 73/2008 reg. 7.
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(3) In this regulation liquor has the same meaning at it has in section 3 of the Liquor Control Reform Act 1998.
24A Smoking
(1) A person must not smoke tobacco or any other substance in or on any of the following—
(a) rolling stock;
(b) a tram stop shelter or bus stop shelter;
(c) a train platform;
(d) a designated area other than a train platform;
(e) a tram stop platform.
Penalty: 5 penalty units.
(2) A person must not smoke tobacco or any other substance in or on any other public transport property or part of public transport property where a notice is displayed that smoking on that property or part is prohibited.
Penalty: 5 penalty units.
(3) A passenger transport company must ensure, so far as is reasonably practicable, that acceptable no smoking signs are displayed in rolling stock in places where a person is reasonably likely to see one or more of the signs.
Penalty: 5 penalty units.
Reg. 24A inserted by S.R. No. 73/2008 reg. 8.
r. 24A
Reg. 24A(1)(c) substituted by S.R. No. 1/2014 reg. 5(1).Reg. 24A(1)(d) inserted by S.R. No. 1/2014 reg. 5(1).Reg. 24A(1)(e) inserted by S.R. No. 1/2014 reg. 5(1).
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(4) An occupier or owner of public transport property must ensure, so far as is reasonably practicable, that acceptable no smoking signs are displayed at tram stop shelters, bus stop shelters, train platforms, designated areas other than train platforms, and tram stop platforms, as the case requires, in a manner in which a person is reasonably likely to see one or more of the signs—
r. 24AReg. 24A(4)(a) amended by S.R. No. 1/2014 reg. 5(3).
(a) when entering the tram stop shelter, bus stop shelter, train platform, designated area other than a train platform, or tram stop platform; or
(b) from within the tram stop shelter, bus stop shelter or designated area other than a train platform; or
(c) on the train platform or tram stop platform.
Penalty: 5 penalty units.
(5) In this regulation—
acceptable no smoking sign has the same meaning as in the Tobacco Act 1987;
bus stop shelter means a place where passengers wait to catch a bus that—
(a) is covered by a shelter or other structure; and
(b) is public transport property;
occupier means—
Reg. 24A(4) amended by S.R. No. 1/2014 reg. 5(2).
Reg. 24A(4)(b) amended by S.R. No. 1/2014 reg. 5(4).
Reg. 24A(4)(c) inserted by S.R. No. 1/2014 reg. 5(5).
Reg. 24A(5) def. of occupier amended by S.R. No. 1/2014 reg. 5(6)(a).
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(a) in relation to a tram stop shelter or bus stop shelter, the infrastructure manager (as defined in section 3(1) of the Road Management Act 2004) of the stop;
(b) in relation to a train platform, designated area other than a train platform, or tram stop platform, the relevant passenger transport company that occupies the area;
rolling stock has the same meaning as in the Rail Safety (Local Operations) Act 2006 or the Rail Safety National Law (Victoria);
tram stop platform means a tram stop which has a raised platform other than where the platform forms part of a road;
tram stop shelter means a place where passengers wait to catch a tram that—
(a) is covered by a shelter or other structure; and
(b) is public transport property.
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.
(3) A person must not leave or deposit any thing in or on a rail vehicle, road vehicle or rail premises that
Reg. 24A(5) def. of rolling stock amended by S.R. No. 33/2014 reg. 4.Reg. 24A(5) def. of tram stop platform inserted by S.R. No. 1/2014 reg. 5(6)(b).
r. 25Part 3—Conduct Affecting Amenity
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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.
27A Scratching or burning
A person must not scratch or burn a rail vehicle or road vehicle or rail premises.
Penalty:10 penalty units.
27B Feet on furniture
(1) A person must not, without reasonable excuse, place his or her feet on any part of a road vehicle or rail vehicle other than—
(a) the floor; or
(b) a part of vehicle specifically designed for the placing of feet.
Penalty: 5 penalty units.
(2) A person must not, without reasonable excuse, place his or her feet on any part of the furniture of
r. 26
Reg. 27A inserted by S.R. No. 73/2008 reg. 9.
Reg. 27B inserted by S.R. No. 73/2008 reg. 9.
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a passenger transport company other than furniture or a part of furniture specifically designed for the placing of feet.
Penalty: 5 penalty units.
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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.
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(3) A person must not do anything referred to in subregulation (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 protrude or cause to protrude, from a door or window of the vehicle any part of the following—
(a) the person's body;
(b) another person's body;
(c) an object.
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.
Reg. 31 substituted by S.R. No. 73/2008 reg. 10.
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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.
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(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 (conduct), jump or climb over any barrier on rail premises.
Penalty:10 penalty units.
34A Vehicle in motion
(1) A person must not, without reasonable excuse, enter or leave, or attempt to enter or leave a road vehicle or rail vehicle while the vehicle is in motion.
Penalty:10 penalty units.
(2) A person must not, without reasonable excuse, step, stand, sit, kneel or lie on or hold onto an exterior part of a rail vehicle while the vehicle is in motion.
Penalty:10 penalty units.
(3) A person must not, without reasonable excuse, enter onto a part of a rail vehicle not designed for the purpose of carriage while the vehicle is in motion.
Penalty:10 penalty units.
35 Riding a bicycle etc.
(1) A person must not ride a bicycle, wheeled recreational device or wheeled toy in or on a rail vehicle, road vehicle or rail premises.
Reg. 35 amended by S.R. No. 6/2014 reg. 6 (ILA s. 39B(2)).
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(2) Subregulation (1) does not apply to a person riding a bicycle, wheeled recreational device or wheeled toy on rail premises or part of rail premises set aside for the use of vehicles.Example
A bicycle path located on rail premises is an example of part of rail premises set aside for the use of vehicles.
36 Driving or riding a vehicle on rail premisesr. 36
Reg. 36(1) amended by S.R. No. 6/2014 reg. 7(1).
(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.
Example
A car park located on rail premises is an example of part of rail premises set aside for the use of vehicles.
Penalty:10 penalty units.
(2) A person who drives or rides a vehicle on rail premises must obey all parking control signs displayed or erected on the premises.
Penalty:10 penalty units.
(2A) A person who drives or rides a vehicle on rail premises must obey all traffic control devices displayed or erected 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.
Reg. 35(2) inserted by S.R. No. 6/2014 reg. 6.
Example to reg. 36(1) inserted by S.R. No. 6/2014 reg. 7(2).
Reg. 36(2) substituted by S.R. Nos 73/2008 reg. 12(1), 123/2008 reg. 3.
Reg. 36(2A) inserted by S.R. No. 123/2008 reg. 3.
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(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 any direction (whether given orally, in writing, by signage or otherwise) about driving, riding or parking of vehicles from an authorised person (conduct).
Penalty:10 penalty units.Example
An oral or written direction to a person not to park or stop, or to park only in defined bays.
(6) In this regulation—
park includes stopping and allowing a vehicle to stay (whether or not the driver leaves the vehicle);
parking control sign has the same meaning as in the Road Rules;
* * * * *
traffic control device has the same meaning as in the Road Rules.
r. 36Regs 37, 38 revoked by S.R. No. 139/2006 reg. 4.
* * * * *
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Reg. 36(5) amended by S.R. No. 86/2006 reg. 4(Sch. item 1.5), substituted by S.R. No. 73/2008 reg. 12(2).
Reg. 36(6) substituted by S.R. No. 73/2008 reg. 12(3).
Reg. 36(6) def. of Road Rules revoked by S.R. No. 6/2014 reg. 7(3).
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PART 5—RAILWAY AND TRAMWAY TRACKS
39 Crossing railway tracks by pedestrians
(1) 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
(ab) when warning signals or devices are operating at the pedestrian crossing or at an adjacent vehicle crossing; 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 (conduct).
Penalty: 5 penalty units.
(2) A pedestrian must not cross railway tracks other than at a place provided as a crossing place unless directed to do so by an authorised person (conduct).
Penalty: 5 penalty units.
Reg. 39 amended by S.R. No. 73/2008 reg. 13(2) (ILA s. 39B(2)).
r. 39
Reg. 39(1)(ab) inserted by S.R. No. 73/2008 reg. 13(1).
Reg. 39(2) inserted by S.R. No. 73/2008 reg. 13(2).
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(3) A pedestrian must not attempt to cross railway tracks other than at a place provided as a crossing place unless directed to do so by an authorised person (conduct).
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
(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 (conduct).
Penalty: 5 penalty units.
Reg. 39(3) inserted by S.R. No. 73/2008 reg. 13(2).
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41 Entering a pit between platforms and entering onto railway or designated tramway tracks
(1) A person must not, without the permission of an authorised person (conduct), enter a place between two platforms where there is a railway or tramway track other than at a place provided for crossing by pedestrians.
Penalty:15 penalty units.
(2) A person must not, without the permission of an authorised person (conduct), descend from a platform onto a railway or designated tramway track other than at a place provided for crossing by pedestrians.
Penalty:15 penalty units.
(3) A person must not, without the permission of an authorised person (conduct) enter onto a railway or designated tramway track other than at a place provided for crossing by pedestrians.
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
Reg. 41 amended by S.R. No. 86/2006 reg. 4(Sch. item 1.5), substituted by S.R. No. 73/2008 reg. 14.
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(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 (conduct).
Penalty:10 penalty units.
43 Stopping or standing on crossings between boom gates
(1) A person who drives or rides a vehicle must not stop the vehicle on a level crossing between boom gates.
Penalty: 5 penalty units.
(2) A pedestrian must not stand on a level crossing between boom gates or walk through an area between boom gates—
(a) when the boom gates are closed; or
(b) when directed not to do so by an authorised person (conduct).
Reg. 43 amended by S.R. No. 144/2005 reg. 4, revoked by S.R. No. 139/2006 reg. 4, new reg. 43 inserted by S.R. No. 73/2008 reg. 15.
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Reg. 44 amended by S.R. No. 86/2006 reg. 4(Sch. item 1.5), revoked by S.R. No. 139/2006 reg. 4.
Reg. 45 revoked by S.R. No. 139/2006 reg. 4.
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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 (conduct), open or attempt to open the automatic door before the release mechanism is operated by the authorised person (conduct); or
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(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.
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
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(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.
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r. 49
Regs 50, 51 revoked by S.R. No. 139/2006 reg. 4.
Reg. 52 amended by S.R. No. 86/2006 reg. 4(Sch. item 1.5), revoked by S.R. No. 139/2006 reg. 4.
Reg. 53 revoked by S.R. No. 139/2006 reg. 4.
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PART 7—POWERS
54 Request to leave vehicle and power to remover. 54
(1) An authorised person (conduct) 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 rail vehicle or road vehicle is a passenger vehicle within the meaning of the Transport (Ticketing) Regulations 2006 and the person fails to comply with regulation 6(1), 7(2) or 9(3) of those Regulations in respect of travel in that passenger vehicle; or
(ba) the person fails to comply with regulation 6(2), 8(2) or 10(3) of the Transport (Ticketing) Regulations 2006 in respect of an entry to a designated area within the meaning of those Regulations that is part of the rail premises; or
(c) the person remains in a doorway, vestibule, corridor or gangway after being asked by an authorised person (conduct) to refrain from doing so; or
(d) the person's clothing or luggage is reasonably believed by an authorised person (conduct) 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
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(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 (conduct) 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 subregulation (1) must comply with the request immediately.
Penalty:10 penalty units.
(3) An authorised person (conduct) may remove from rail premises any person who fails to comply with a request made under subregulation (1).
Pt 8 (Heading and reg. 55) revoked by S.R. No. 73/2008 reg. 16.
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Sch. revoked by S.R. No. 139/2006 reg. 5.
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ENDNOTES
1. General InformationThe Transport (Ticketing and Conduct) Regulations 2005, S.R. No. 69/2005 were made on 28 June 2005 by the Governor in Council under sections 56, 162, 249B and 256 of the Transport Act 1983, No. 9921/1983 and came into operation on 28 June 2005.
The Transport (Ticketing and Conduct) Regulations 2005 will sunset 10 years after the day of making on 28 June 2015 (see section 5 of the Subordinate Legislation Act 1994).
The title of these Regulations was changed from the Transport (Ticketing and Conduct) Regulations 2005 to the Transport (Conduct) Regulations 2005 by regulation 4(Schedule item 1.1) of the Transport (Ticketing) Regulations 2006, S.R. No. 86/2006.
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2. Table of AmendmentsThis Version incorporates amendments made to the Transport (Conduct) Regulations 2005 by statutory rules, subordinate instruments and Acts.
