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Version No. 013

Transport (Conduct) Regulations 2005S.R. No. 69/2005

Version incorporating amendments as at 28 November 2011

TABLE OF PROVISIONSRegulation Page

PART 1—PRELIMINARY 1

1 Objectives 12 Authorising provisions 23 Interpretation 24 Liability for offences 9

PART 2—CONDITIONS OF TRAVEL 10

5–10 Revoked 1011 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 1623 Revoked 1624 Drinking liquor and possessing an open container of liquor 1624A Smoking 1725 Littering 1826 Spitting 1927 Graffiti 1927A Scratching or burning 1927B Feet on furniture 19

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PART 4—GENERAL CONDUCT AFFECTING SAFETY 21

28 Prohibited language and behaviour 2129 Committing a nuisance etc. 2130 Conveying things likely to annoy, injure or endanger 2131 Protruding part of body or object 2232 Throwing things 2233 Creating an obstruction 2334 Entering and leaving 2334A Vehicle in motion 2435 Riding a bicycle etc. 2436 Driving or riding a vehicle on rail premises 2537, 38 Revoked 26

PART 5—RAILWAY AND TRAMWAY TRACKS 27

39 Crossing railway tracks by pedestrians 2740 Crossing tramway tracks by pedestrians 2841 Entering a pit between platforms and entering onto railway or

designated tramway tracks 2942 Crossing railway and tramway tracks 2943 Stopping or standing on crossings between boom gates 3044, 45 Revoked 31

PART 6—INTERFERING WITH EQUIPMENT OR PROPERTY 32

46 Operating doors 3247 Operating automatic doors 3248 Damage 3349 Fire 3350–53 Revoked 34

PART 7—POWERS 35

54 Request to leave vehicle and power to remove 35

PART 8—Revoked 36

55 Revoked 36__________________

SCHEDULE—Revoked 37

═══════════════

2

ENDNOTES 38

1. General Information 38

2. Table of Amendments 39

3. Explanatory Details 40

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Version No. 013


Version incorporating amendments as at 28 November 2011

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;

1

Reg. 1(a)(b) revoked by S.R. No. 86/2006 reg. 4(Sch. item 1.2).

(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 Director 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. No. 131/2011 reg. 4(a).

bicycle means a vehicle with one or more wheels that is built to be propelled by human power through a belt, chain or gears (whether or not it has an auxiliary motor), and—

(a) includes a pedicab, penny-farthing, scooter, tricycle and unicycle;

(b) does not include a wheelchair, wheeled recreational device, wheeled toy, or any vehicle with an auxiliary motor capable of generating a power output over 200 watts (whether or not the motor is operating);

r. 3Reg. 3(1) def. of designated area revoked by S.R. No. 86/2006 reg. 4(Sch. item 1.3).

* * * * *

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;

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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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r. 3

(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 vehicle means any vehicle propelled by any form of motive power that is used or intended for use by a passenger transport company or rail freight operator for the carriage of passengers or freight on any road and includes a tram that operates on or uses a tramway track;

* * * * *

6

Reg. 3(1) def. of protective services officer inserted by S.R. No. 131/2011 reg. 4(b).

r. 3

Reg. 3(1) def. of ticket revoked by S.R. No. 86/2006 reg. 4(Sch. item 1.4).

* * * * *

* * * * *

* * * * *

tramway track means a tramway track used by a passenger transport company to operate a tramway for the carriage of passengers;

* * * * *

vehicle means a conveyance that is designed to be propelled or drawn by any means, whether or

7

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).

r. 3

Reg. 3(1) def. of travel concession card revoked by S.R. No. 86/2006 reg. 4(Sch. item 1.4).

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 means a wheeled device, built to transport a person, propelled by human power or gravity, and ordinarily used for recreation or play, and—

(a) includes rollerblades, rollerskates, a skateboard or similar wheeled device;

(b) does not include a golf buggy, pram, stroller or trolley, or a bicycle, wheelchair or wheeled toy;

wheeled toy means a child's pedal car, scooter or tricycle or a similar toy.

(2) Any diagrams used in these Regulations are for illustrative purposes only and are not intended to

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r. 3

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.

__________________

9

Reg. 4 amended by S.R. No. 86/2006 reg. 4(Sch. item 1.5).

r. 4

PART 2—CONDITIONS OF TRAVEL

* * * * *

11 Vacating seats for persons with special needsr. 11

Reg. 11(1) amended by S.R. No. 86/2006 reg. 4(Sch. item 1.5).

(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

Pt 2 (Heading) amended by S.R. No. 86/2006 reg. 4(Sch. item 1.8).

Regs 5–10 revoked by S.R. No. 86/2006 reg. 4(Sch. item 1.9).

Part 3—Conduct Affecting Amenity


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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).


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.


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).




r. 12




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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).


__________________



r. 14




12

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).


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.


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.



r. 15Part 3—Conduct Affecting Amenity


13

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.


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.


(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.




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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.


(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 by the Director under section 220D(1) of the Act.Note

The conditions determined by the Director 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.


Reg. 20 substituted by S.R. No. 73/2008 reg. 6.



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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.


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.


* * * * *

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.


(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.


r. 21

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 covered area of a train platform.


(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.


(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.


(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 and covered areas of train platforms, as the case requires, in a manner in which a person is reasonably likely to see one or more of the signs—

(a) when entering the tram stop shelter, bus stop shelter, or covered area of the train platform; or

Reg. 24A inserted by S.R. No. 73/2008 reg. 8.

r. 24APart 3—Conduct Affecting Amenity


17

(b) from within the tram stop shelter, bus stop shelter or covered area of the train platform.



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—

(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, the relevant passenger transport company that occupies the area;

rolling stock has the same meaning as in the Rail Safety Act 2006;

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.




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(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 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.


(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.


27A Scratching or burning

A person must not scratch or burn a rail vehicle or road vehicle or rail premises.


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

r. 26


Reg. 27B inserted by S.R. No. 73/2008 reg. 9.



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(b) a part of vehicle specifically designed for the placing of feet.


(2) A person must not, without reasonable excuse, place his or her feet on any part of the furniture of a passenger transport company other than furniture or a part of furniture specifically designed for the placing of feet.


__________________

r. 27BPart 3—Conduct Affecting Amenity


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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.


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.


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.


(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.




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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.


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.


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.


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.

34 Entering and leaving r. 33


(1) A person must not, without reasonable excuse or permission from an authorised person (conduct)—

(a) enter or attempt to enter a rail vehicle or road vehicle if the vehicle has only stopped for passengers to leave; or

(b) leave or attempt to leave a rail vehicle or road vehicle if the vehicle has only stopped for passengers to enter.


(2) A person must not, without reasonable excuse or the permission of an authorised person (conduct), enter or leave or attempt to enter or leave—

(a) a rail vehicle or road vehicle except by a doorway next to the platform if such a doorway is available; or

(b) a road vehicle except through the entrance or exit on the left hand side of the vehicle in the direction of travel; or




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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.


(3) A person must not, without reasonable excuse or permission of an authorised person (conduct), jump or climb over any barrier on rail premises.


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.


(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.


(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.


35 Riding a bicycle etc.

A person must not ride a bicycle, wheeled recreational device or wheeled toy in or on a rail vehicle, road vehicle or rail premises.




r. 34APart 3—Conduct Affecting Amenity


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36 Driving or riding a vehicle on rail premises

(1) A person must not drive, ride or park a vehicle on any part of rail premises that is not set aside for the use of vehicles by the passenger transport company or the rail freight operator that is responsible for the premises or, if Rail Track is responsible for the premises, from Rail Track.


(2) A person who drives or rides a vehicle on rail premises must obey all parking control signs displayed or erected on the premises.


(2A) A person who drives or rides a vehicle on rail premises must obey all traffic control devices displayed or erected on the premises.


(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.


(4) A person who drives or rides a vehicle on rail premises must not park the vehicle so as to cause an obstruction.


(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

r. 36

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.

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).



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otherwise) about driving, riding or parking of vehicles from an authorised person (conduct).


An oral or written direction to a person not to park or stop, or to park only in defined bays.


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;

Road Rules has the same meaning as in the Road Safety (Road Rules) Regulations 1999;

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.

* * * * *

__________________

Reg. 36(6) substituted by S.R. No. 73/2008 reg. 12(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).


(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).


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(1)(e) amended by S.R. No. 86/2006 reg. 4(Sch. item 1.5).

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).


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.


(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).


Reg. 39(3) inserted by S.R. No. 73/2008 reg. 13(2).

r. 40

Reg. 40(2)(f) amended by S.R. No. 86/2006 reg. 4(Sch. item 1.5).



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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.


(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.


(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.


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.


(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).


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.


(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).


r. 43

Reg. 42(2)(f) amended by S.R. No. 86/2006 reg. 4(Sch. item 1.5).

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.




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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.


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

r. 46

Reg. 47(b) amended by S.R. No. 86/2006 reg. 4(Sch. item 1.6).



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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.


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.


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.


* * * * *

* * * * *

* * * * *

__________________

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.




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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

Reg. 54(1)(b) substituted by S.R. No. 86/2006 reg. 4(Sch. item 1.10).

Reg. 54(1)(ba) inserted by S.R. No. 86/2006 reg. 4(Sch. item 1.10).

Reg. 54(1)(c) amended by S.R. No. 86/2006 reg. 4(Sch. item 1.7).

Reg. 54(1)(d) amended by S.R. No. 86/2006 reg. 4(Sch. item 1.7).



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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.


(3) An authorised person (conduct) may remove from rail premises any person who fails to comply with a request made under subregulation (1).

__________________

* * * * *

__________________

Reg. 54(1)(e) amended by S.R. No. 86/2006 reg. 4(Sch. item 1.7).


r. 54

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.

Sch. Part 3—Conduct Affecting Amenity


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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.

EndnotesPart 3—Conduct Affecting Amenity


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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.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Transport (Ticketing and Conduct) (Amendment) Regulations 2005, S.R. No. 144/2005

Date of Making: 22.11.05Date of Commencement: 22.11.05

Transport (Ticketing) Regulations 2006, S.R. No. 86/2006Date of Making: 4.7.06Date of Commencement: 31.7.06: reg. 3

Transport (Conduct) (Amendment) Regulations 2006, S.R. No. 139/2006Date of Making: 10.10.06Date of Commencement: 1.1.07: reg. 3

Transport (Conduct) (Amendment) Regulations 2008, S.R. No. 73/2008Date of Making: 24.6.08Date of Commencement: 29.6.08: reg. 3

Transport (Conduct and Infringements) Amendment Regulations 2008, S.R. No. 123/2008

Date of Making: 14.10.08Date of Commencement: Reg. 3 on 14.10.08

Transport (Conduct) and (Infringements) Amendment Regulations 2011, S.R. No. 105/2011

Date of Making: 27.9.11Date of Commencement: Reg. 3 on 27.9.11

Transport (Conduct) and (Ticketing) Amendment (Protective Services Officers) Regulations 2011, S.R. No. 131/2011

Date of Making: 22.11.11Date of Commencement: Reg. 4 on 28.11.11: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––



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3. Explanatory DetailsNo entries at date of publication.



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