Transport (Infringements) Regulations 2010
S.R. No. 4/2010
table of provisions
Regulation Page
Regulation Page
PART 1—PRELIMINARY 1
1 Objectives 1
2 Authorising provisions 2
3 Commencement 2
4 Revocation 2
5 Definitions 2
PART 2—INFRINGEMENTS 4
6 Ticket infringements 4
7 Transport infringements 5
8 Lower penalties for children 5
9 Safety work infringements 6
10 Infringement notices 6
11 Administrative costs payable in respect of certain ticket infringements 7
12 Proof of prior convictions 7
______
SCHEDULES 9
SCHEDULE 1—Revoked Regulations 9
SCHEDULE 2—Ticket Infringements 10
SCHEDULE 3—Transport Infringements 11
TABLE 1—General (Name and Address) 11
TABLE 2—General Conduct Affecting Amenity 12
TABLE 3—General Conduct Affecting Safety 16
TABLE 4—General Conduct Affecting Safety (Overdimensional Vehicles) 19
TABLE 5—General Conduct Affecting Safety (Railway Tracks and Crossings) 21
TABLE 6—General Conduct Affecting Safety (Equipment and Property) 26
TABLE 7—Commercial Passenger Vehicles and Private Bus
Services 29
TABLE 8—Taxi-Cabs 34
TABLE 9—Passenger Vehicles 44
TABLE 10—Offences under the Public Transport Competition Act1995 53
═══════════════
ENDNOTES 54
ii
Transport (Infringements) Regulations 2010
S.R. No. 4/2010
statutory rules 2010
S.R. No. 4/2010
53
Transport (Infringements) Regulations 2010
S.R. No. 4/2010
Transport Act 1983
53
Transport (Infringements) Regulations 2010
S.R. No. 4/2010
Transport (Infringements) Regulations 2010
53
Transport (Infringements) Regulations 2010
S.R. No. 4/2010
The Governor in Council makes the following Regulations:
Dated: 27 January 2010
Responsible Minister:
MARTIN PAKULA
Minister for Public Transport
toby halligan
Clerk of the Executive Council
Part 1—Preliminary
1 Objectives
The objectives of these Regulations are to—
(a) ensure that users of public transport services fairly contribute to the cost of services and behave safely and responsibly, by prescribing ticket and transport infringements including infringements for offences relating to—
(i) fare evasion;
(ii) conduct;
(iii) safe and fair use of public transport services and facilities;
(iv) taxi-cabs and commercial passenger vehicles;
(v) over-dimensional vehicles;
(vi) driver and industry accreditation; and
(vii) other transport infringements;
(b) align public transport penalties for children with the principles of fairness underlying the youth justice system by recognising that children should be treated differently from adults and prescribing different penalties for children;
(c) prescribe penalties for safety work infringements;
(d) prescribe information to appear in infringement notices;
(e) prescribe the method of payment of penalties; and
(f) prescribe other matters required, permitted or necessary to be prescribed by the Transport Act 1983.
2 Authorising provisions
r. 2
These Regulations are made under sections 215 and 215G of the Transport Act 1983.
3 Commencement
These Regulations come into operation on 1February 2010.
4 Revocation
The Regulations listed in Schedule 1 are revoked.
5 Definitions
In these Regulations—
child in the case of a person who is alleged to have committed an offence, means a person who at the time of the alleged commission of the offence was under the age of 18 years;
infringement notice means a ticket infringement notice, a transport infringement notice, or a safety work infringement notice for a safety work infringement;
safety work infringement means an offence under section 76(1)(a) of the Rail Safety Act 2006 in the circumstances referred to in paragraphs (a) and (b) of the definition of safety work infringement in section 208 of the Act;
the Act means the Transport Act 1983.
r. 5
______
Part 2—Infringements
6 Ticket infringements
r. 6
(1) For the purposes of Part VII of the Act, a ticket offence set out in Column 2 of the Table in Schedule 2 is prescribed as a ticket infringement.
(2) If a person is alleged to have committed an offence against more than one of regulation 6(1), 7(2) or 9(3) of the Transport (Ticketing) Regulations 2006[1] in respect of the same travel in a passenger vehicle within the meaning of those Regulations, for the purposes of subregulation (1) only one of those offences may be the subject of a ticket infringement notice.
(3) If a person is alleged to have committed an offence against more than one of regulation 6(2), 8(2) or 10(3) of the Transport (Ticketing) Regulations 2006 in respect of the same entry to a designated area within the meaning of those Regulations, for the purposes of subregulation (1) only one of those offences may be the subject of a ticket infringement notice.
(4) Subject to regulation 8, for the purposes of section 212(5) of the Act, the amount prescribed for a ticket infringement penalty is the amount set out in Column 4 of the Table in Schedule 2 opposite the corresponding prescribed ticket offence set out in Column 2 of that Table.
(5) A description of a ticket offence set out in Column3 of the Table in Schedule 2 opposite an offence set out in Column2 of that Table is for convenience of reference only and does not affect the nature or elements of the offence to which a description refers or the operation of these Regulations.
7 Transport infringements
r. 7
(1) For the purposes of Part VII of the Act, an offence set out in Column 2 of a Table in Schedule 3 is prescribed as a transport infringement.
(2) Subject to regulation 8, for the purposes of section 212(5) of the Act, the amount prescribed for a transport infringement penalty is the amount set out in Column 4 of a Table in Schedule3 opposite the corresponding prescribed offence set out in Column 2 of that Table.
(3) A description of an offence set out in Column 3 of a Table in Schedule 3 opposite an offence set out in Column2 of that Table is for convenience of reference only and does not affect the nature or elements of the offence to which such a description refers or the operation of these Regulations.
8 Lower penalties for children
(1) This regulation applies if—
(a) a child is alleged to have committed a transport infringement or ticket infringement; and
(b) an infringement penalty is prescribed for that transport infringement or ticket infringement in Column 5 of a Table in Schedule 2 or Schedule 3.
(2) For the purposes of section 212(5) of the Act, the penalty prescribed if subregulation (1) applies is the corresponding penalty set out in Column 5 of a Table in Schedule 2 or Schedule 3 despite any corresponding penalty set out in Column 4.
9 Safety work infringements
r. 9
For the purposes of section 215B(5) of the Act, the amount prescribed for the penalty for the safety work infringement in section 76(1)(a) of the Rail Safety Act 2006 (Code 3220) is 3 penalty units.
10 Infringement notices
(1) In addition to the requirements of section 13 of the Infringements Act 2006, an infringement notice must state whether it is an infringement notice in relation to—
(a) a ticket infringement; or
(b) a transport infringement; or
(c) a safety work infringement—
as the case requires.
(2) If—
(a) an infringement notice contains a code by which the infringement offence may be identified; and
(b) a code exists by which the infringement offence may be identified for the purpose of regulation 8—
nothing in these Regulations prevents—
(c) the application of the penalty in Column 4 of a Table in Schedule 2 or Schedule 3 (as the case requires) to that infringement offence if the offence is committed by a person who is not a child, whether or not the infringement offence is identified by the code for the infringement to which regulation 8 applies; or
(d) the application of the penalty in Column 5 of a Table in Schedule 2 or Schedule 3 (as the case requires) to that infringement offence if the offence is committed by a child, whether or not the infringement offence is identified by the code for the infringement to which regulation 8 applies.
Note
The requirement for infringement notices prescribed in regulation10(1) is in addition to those prescribed for the purpose of section 13 of the Infringements Act 2006 by the Infringements (Reporting and Prescribed Details and Forms) Regulations 2006[2]. The Infringements (Reporting and Prescribed Details and Forms) Regulations 2006 also prescribe the form of official warnings and form of withdrawal notice.
11 Administrative costs payable in respect of certain ticket infringements
r. 11
For the purposes of section 213A of the Act—
(a) administrative costs may be paid to passenger transport and bus companies in respect of relevant ticket infringements; and
(b) the administrative costs permitted to be paid to a passenger transport or bus company are $30 for each infringement notice issued for a relevant ticket infringement that relates to a carriage operated by or on behalf of the company or land or premises owned, occupied or controlled by the company.
12 Proof of prior convictions
(1) For the purposes of sections 214(1) and 215F(1) of the Act, the prescribed form is a document that sets out—
(a) the name and address of the person on whom the document is served; and
(b) in respect of each alleged prior conviction or finding of guilt—
(i) a statement of the court at which the person is alleged to have been convicted or found guilty; and
(ii) the date of the alleged conviction or finding; and
(iii) a short description of the alleged offence; and
(iv) a short description of the penalty imposed.
Note
Sections 214(1) and 215F of the Act require this form to be signed by the informant.
(2) For the purposes of sections 214(2) and 215F(2) of the Act, the prescribed form of notice is a document that states that if a person is served with a document setting out particulars of alleged prior convictions or findings of guilt, that document is admissible as evidence of those convictions and findings of guilt if—
(a) the person does not appear in answer to the summons for an infringement served with that document; and
r. 12
(b) the person is convicted or found guilty of the infringement alleged in the summons.
______
SCHEDULES
SCHEDULE 1
Sch. 1
Regulation 4
Revoked Regulations
S.R. No. / Title112/1999 / Transport (Infringements) Regulations 1999
28/2004 / Transport (Infringements) (Amendment) Regulations 2004
90/2004 / Transport (Infringements) (Penalties) Regulations 2004
19/2005 / Transport (Infringements) (Amendment) Regulations 2005
137/2005 / Transport (Infringements) (Tow Truck) Regulations 2005
10/2006 / Transport (Infringements) (Amendment) Regulations 2006
138/2006 / Transport (Infringements) (Further Amendment) Regulations 2006
20/2007 / Transport (Infringements) (Penalties) Regulations 2007
70/2007 / Transport (Infringements) (Amendment) Regulations 2007
72/2008 / Transport (Infringements) (Amendment) Regulations 2008
134/2008 / Transport (Infringements) Amendment (Obsolete Offences) Regulations 2008
______
SCHEDULE 2
Sch. 2
Regulations 6, 8 and 10
Ticket Infringements
Column 1Item / Column 2
Prescribed offence / Column 3
Short description of offence / Column 4
Infringement penalty / Column 5
Infringement penalty (child) / Column 6
Code
Transport (Ticketing) Regulations 2006
1 / reg. 6(1), reg.6(2) / Failing to hold valid ticket / 1×47 penalty units / 0×5 penalty units / 3104 (adult)
3275 (child)
2 / reg. 7(2), reg.8(2) / Failing to produce valid ticket / 1×47 penalty units / 0×5 penalty units / 3106 (adult)
3276 (child)
3 / reg. 9(3), reg.10(3) / Failing to produce evidence of concession / 1×47 penalty units / 0×5 penalty units / 3100 (adult)
3277 (child)
4 / reg. 17(1) / Transferring ticket to another person / 1×47 penalty units / 0×5 penalty units / 3103 (adult)
3278 (child)
5 / reg. 19(2) / Failing to surrender ticket / 1 penalty unit / 0×5 penalty units / 3279 (adult)
3280 (child)
______
SCHEDULE 3
Sch. 3
Regulations 7, 8 and 10
Transport Infringements
TABLE 1
General (Name and Address)
Column 1Item / Column 2
Prescribed offence / Column 3
Short description of offence / Column 4
Infringement penalty / Column 5
Infringement penalty (child) / Column 6
Code
Transport Act 1983
6 / s.218B(4)(a) / Failing or refusing to give name and address / 1×47 penalty units / 0×5 penalty units / 3124 (adult)
3281 (child)
7 / s.218B(4)(b), s.218B(4)(c) / Stating incorrect name or address / 1×47 penalty units / 0×5 penalty units / 3123 (adult)
3282 (child)
8 / s. 218B(6B) / Failing to provide evidence of name and address, without reasonable excuse / 1 penalty unit / 0×5 penalty units / 3283 (adult)
3284 (child)
TABLE 2
Sch. 3
General Conduct Affecting Amenity
Column 1Item / Column 2
Prescribed offence / Column 3
Short description of offence / Column 4
Infringement penalty / Column 5
Infringement penalty (child) / Column 6
Code
Transport Act 1983
9 / s. 223 / Trespassing / 1×96 penalty units / 0×5 penalty units / 3122 (adult)
8223 (child)
Transport (Conduct) Regulations 2005[3]
10 / reg. 11(2) / Failing to vacate a seat to enable it to be occupied by a person with special needs / 1 penalty unit / 0×5 penalty units / 3285 (adult)
8224 (child)
11 / reg. 12(2) / Student failing to vacate seat when requested to do so / 0×5 penalty units / 0×5 penalty units / 3286
12 / reg. 13 / Continuing to occupy unreserved seat when requested to make seat available / 0×98 penalty units / 0×5 penalty units / 3158 (adult)
8225 (child)
13 / reg. 14(1) / Travelling in a rail or road vehicle contrary to any conditions of travel unless permission is obtained / 1 penalty unit / 0×5 penalty units / 3287 (adult)
8226 (child)
14 / reg. 15 / Failing to place luggage as directed by authorised person / 0×5 penalty units / 0×5 penalty units / 3126 (adult)
8227 (child)
15 / reg. 16
reg. 17(3) / Playing a musical instrument or sound equipment / 1×47 penalty units / 0×5 penalty units / 3121 (adult)
8228 (child)
Column 1
Item / Column 2
Prescribed offence / Column 3
Short description of offence / Column 4
Infringement penalty / Column 5
Infringement penalty (child) / Column 6
Code
16 / reg. 18 / Gambling in unlicensed vehicle / 1 penalty unit / 0×5 penalty units / 3288 (adult)
8229 (child)
17 / reg. 19(1) / Selling, offering for hire or touting / 1×47 penalty units / 0×5 penalty units / 3127 (adult)
8230 (child)
18 / reg.19(2) / Distributing handbills, soliciting money or goods or busking / 1×47 penalty units / 0×5 penalty units / 3120 (adult)
8231 (child)
19 / reg. 20(1) / Taking animal onto or into a rail or road vehicle or rail premises / 1×47 penalty units / 0×5 penalty units / 3236 (adult)
8232 (child)
20 / reg. 20(4) / Failing to remove matter emanating from dog or other animal or from the animal's container / 1×47 penalty units / 0×5 penalty units / 3237 (adult)
8233 (child)
21 / reg. 21 / Allowing dog to occupy seat or preventing another person from using the seat / 1 penalty unit / 0×5 penalty units / 3289 (adult)
8234 (child)
22 / reg. 24(1) / Drinking liquor on any vehicle or premises / 2×45 penalty units / 0×5 penalty units / 3144 (adult)
8235 (child)
23 / reg. 24(2) / Possessing open container of liquor / 1×47 penalty units / 0×5 penalty units / 3223 (adult)
8236 (child)
24 / reg. 24A(1) / Smoking in or on rolling stock, a tram stop shelter or bus stop shelter, or a covered train platform / 1×47 penalty units / 0×5 penalty units / 3140 (adult)
8237 (child)
Sch. 3