VersionNo. 001

Transport (Compliance and Miscellaneous) (Ticketing) Regulations2017

S.R. No. 48/2017

Version as at
1 July 2017

TABLE OF PROVISIONS

RegulationPage

1

RegulationPage

Part 1—Preliminary

1Objectives

2Authorising provisions

3Commencement

4Revocation of Regulations

5Definitions and reference provisions

6Validity for travel or entry

Part 2—Valid ticket must be heldandpresented

Division 1—Obligations

7Obligation to hold valid ticket

8Obligation to produce a ticket valid for travel

9Obligation to produce a ticket valid for entry to a compulsory ticket area

10Obligation to produce evidence of entitlement to rely on a concession ticket for travel

11Obligation to produce evidence of entitlement to rely on a concession ticket for entry to a compulsory ticket area

12Application of regulations 8 to 11 if a person's ticket or evidence of entitlement is held by another person

Division 2—Defences

13Defence in relation to travel

14Defence in relation to entry to a compulsory ticket area

15Insufficient time not a defence

16Insufficient care not a defence

Part 3—Ticket contracts and conditions

17Ticket contracts

18Ticket conditions

Part 4—General

19Ticket must not be transferred

20Testing of ticket

21Ticket must be surrendered

22Additional ticketing requirements for buses

23Bus drivers' ticketing obligations

24Bus drivers' myki ticketing obligations

25Obligation to produce a ticket valid for travel

26Convictions or findings of guilt for certain offences

27Exemptions

Part 5—Prescribed devices and processes

28Prescribed kinds of portable device

29Prescribed devices

30Prescribed processes

Schedule 1—Prescribed devices

Schedule 2—Prescribed processes

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Endnotes

1General information

2Table of Amendments

3Amendments Not in Operation

4Explanatory details

1

VersionNo. 001

Transport (Compliance and Miscellaneous) (Ticketing) Regulations2017

S.R. No. 48/2017

Version as at
1 July 2017

1

Part 1—Preliminary

Transport (Compliance and Miscellaneous) (Ticketing) Regulations2017

S.R. No. 48/2017

Part 1—Preliminary

1Objectives

The objectives of these Regulations are—

(a)to require and regulate the use of tickets for Victoria's public transport system; and

(b)to support the collection of revenue for that system and reduce fare evasion and the consequential revenue losses incurred by public transport operators and the State; and

(c)to clarify contractual arrangements in relation to certain tickets; and

(d)to prescribe certain conditions and enforcement powers in relation to tickets; and

(e)to specify the defences applying to ticketrelated offences; and

(f)to prescribe other matters required, permitted ornecessary to be prescribed by or under theTransport (Compliance and Miscellaneous) Act 1983.

2Authorising provisions

These Regulations are made under sections56, 221AA and 230AH of the Transport (Compliance and Miscellaneous)Act 1983.

3Commencement

These Regulations come into operation on 1 July 2017.

4Revocation of Regulations

The following regulations are revoked—

(a)the Transport (Ticketing) Regulations 2006[1];

(b)the Transport (Ticketing) Amendment (Mykis and Other Smartcards) Regulations2009[2];

(c)the Transport (Ticketing) Amendment (Portable Devices) Regulations 2010[3];

(d)the Transport (Compliance and Miscellaneous) (Ticketing) Amendment
Regulations 2011[4];

(e)the Transport (Conduct) and (Ticketing) Amendment (Protective Services Officers) Regulations 2011[5];

(f)the Transport (Conduct), (Passenger Vehicles) and (Ticketing) Amendment (Public Transport Development Authority) Regulations 2012[6];

(g)the Transport (Ticketing) Amendment Regulations 2013[7];

(h)the Transport (Ticketing) Amendment (Onthe-Spot Penalty Fares) Regulations 2014[8];

(i)the Transport (Ticketing) Amendment (BusDrivers' Obligations) Regulations 2015[9];

(j)the Transport (Ticketing) Amendment (Prescribed Devices and Processes) Regulations 2015[10];

(k)the Transport (Ticketing) Amendment (Prescribed Devices and Processes) Regulations2016[11];

(l)the Transport (Ticketing) Amendment (Onthe-Spot Penalty Fare Amount) Regulations2016[12];

(m)the Transport (Ticketing) Further Amendment (Prescribed Devices and Processes) Regulations 2016[13];

(n)the Transport (Ticketing) Amendment (Onthe-Spot Penalty Fares Revocation) Regulations 2016[14].

5Definitions and reference provisions

(1)In these Regulations—

authorised officerhas the same meaning as in section 208 of the Act;

authorised person (ticketing) means—

(a)an authorised officer; or

(b)a police officer; or

(c)a protective services officer; or

(d)a person employed by a passenger transport company or a bus company who has duties in relation to the issue, inspection or collection of tickets for travel in a passenger vehicle or for entry to a compulsory ticket area; or

(e)a person (other than a person referred toin paragraph (a) or (d)) appointed inwriting by a passenger transport company or a bus company or the Secretary, the Head, Transport for Victoria or the Public Transport Development Authority for the purposes of these Regulations; or

(f)if a bus company is a natural person, that person;

central computer systemmeans the central servers, computers, networks, other electronic data systems and other devices operated and maintained by or on behalf ofthe Public Transport Development Authority to—

(a)collect, manage, process, summarise and store information; and

(b)settle financial transactions—

relating to smartcards and other prescribed devices;

compulsory ticket area means—

(a)an area of land or an area within premises owned or occupied by a passenger transport company that is designated by the passenger transport company by means of signs in or near the area as an area for entry to which a ticketvalid for that entry is required; or

(b)if a railway station is specified by the Secretary in a notice published in the Government Gazette as a station to which this paragraph applies—

(i)a platform at that station; and

(ii)a waiting room or area adjoining a platform from which the platform can be accessed without the need to pass a smartcard reader or a ticket barrier; and

(iii)an area between a platform and any smartcard reader or ticket barrier that it is necessary to passto gain access to the platform;

concession ticketmeans a ticket that, in accordance with conditions determined under section 220D of the Act—

(a)authorises free travel, or travel at aprice less than the full fare, in a passenger vehicle; or

(b)authorises free entry, or entry at a priceless than the full price for entry, to a compulsory ticket area;

Handheld Retail means a PSION WORKABOUT PRO S Model 7527S-G2 that is being used by or on behalf of a retail agent in the course of that retail agent's activities as a retail agent;

Handheld V/Line means aM3 Mobile M3 Orange that is being used by a V/Line conductor in the course of that conductor's duties as a conductor;

myki means a ticket that is a smartcard, as defined in section 208 of the Act, capable of—

(a)recording a myki product or myki money; and

(b)in respect of myki money—

(i)recording the value of that myki money; and

(ii)transferring information to other electronic devices so as to effect modifications to that value to reflect payment for travel in a passenger vehicle or entry to a compulsory ticket area; and

(iii)recording that value as so modified;

myki bus ticketing equipment means equipment installed on a bus that enables a myki to be used to authorise travel in that bus;

myki money means a dollar amountpaid to the Public Transport Development Authority andrecorded as value on a myki;

myki product means a pre-purchased or free entitlement, recorded on a myki, to travel in a passenger vehicle or to enter a compulsory ticket area in accordance with conditions determined under section 220D of the Act;

operator access card means a plastic card that—

(a)contains an imbedded computer microchip capable of receiving, storing,processing and transferring information; and

(b)is used to identify the holder of the cardto another prescribed device and enable the holder to operate the device;

passenger vehicle means any of the following that is operated by or on behalf of a passenger transport company or a bus company—

(a)a passenger train;

(b)a tram;

(c)a bus;

protective services officerhas the same meaning as in the Victoria Police Act 2013;

regular passenger servicehas the same meaning as in the Bus Services Act 1995;

retail agent means a person (other than a passenger transport company or a buscompany) engaged by the Public Transport Development Authority to
act as its agent in relation to the sale of smartcards and payment for travel in a passenger vehicle or entry to a compulsory ticket area;

smartcard reader means a machine that, when thesmartcard is scanned by the machine aspart of the actions necessary for the smartcard to be made valid for travel in a passenger vehicle or entry to a compulsory ticket area regardless of whether or not atany particular time the machine is in workingorder, is designed and intended—

(a)to electronically record and process information from a ticket that is a smartcard; and

(b)to perform related functions;

smartcard security access module means a computer microchip that stores security authentication and encryption keys that ensure that a prescribed device, when fittedwith the smartcardsecurity access module, is authorised to copy and transfer information betweenthe prescribed device and—

(a)a smartcard; and

(b)the central computer system;

the Act means the Transport (Compliance and Miscellaneous) Act1983;

ticketmeans a ticket, pass, card (including a debitor credit card), permit, authority, device,software application, symbolor otherthing issued, or which may be used, forthe purpose of authorisingtravel in a passenger vehicle or entry to a compulsory ticket area;

ticket barrier means a barrier that is intended tobe used to regulate access to or egress from a part of a railway station that is a compulsory ticket area;

train includes a single carriage (whether powered or not) that does not form part of a set or series of carriages;

vehicle control unit means a device installed on a bus or a tram that is capable of—

(a)transferring or copying information stored by the device between prescribed devices installed on the bus or tram; and

(b)transferring or copying information stored by the device between a prescribed device installed on the busor tram and the central computer system; and

(c)receiving information from a global positioning system and generating andstoring information relating to thelocation of the bus or tram and transferring or copying such information to prescribed devices installed on the bus or tram;

V/Line conductor means a person employed byV/Line Pty Ltd (ACN 087 425 269) toperform duties as a conductor on trains operated by or on behalf of that company.

(2)For the purposes of these Regulations, the fact that a tramway is not laid entirely in public streets or roads does not prevent a vehicle running on that tramway from being characterised as a tram.

(3)For the purposes of these Regulations, a person's travel in a passenger vehicle—

(a)begins—

(i)in the case of a bus, on the earlier of—

(A)when the person, after boarding the bus, first moves past the driver's seat towards the back ofthe bus; or

(B)when the bus first starts to move after the person has boarded the bus; or

(ii)in all other cases, when the passenger vehicle first starts to move after the person has boarded the vehicle; and

(b)ends when the person leaves the passenger vehicle.

6Validity for travel or entry

For the purposes of these Regulations—

(a)a ticket is valid for the whole of a person's travel in a passenger vehicle if the ticket authorises the whole of that travel; and

(b)a ticket is valid for a person's entry to acompulsory ticket area if the ticket authorises that entry to the compulsory ticketarea; and

(c)a ticket is not valid for the whole of a person's travel in a passenger vehicle if anypart of that travel is not authorised bytheticket.

Examples

For the purposes of Division 2 of Part 2, examples of reasonable steps that may be available to make a ticket valid for travel include—

  • in the case of a myki, to have recorded on themyki a myki product or myki money of sufficient value to pay for the whole of the travelor entry to a compulsory ticket area and have the whole of the travel recorded on the myki; and
  • in the case of a ticket other than a myki, to purchase a ticket for the whole of the travel or entry to a compulsory ticket area; and
  • in the case of a myki, to have the myki scanned by a smartcard reader and made valid for travel or entry to a compulsory ticket area before commencing travel or, if travelling on a tram or a bus, on commencing travel or entering a compulsory ticket area.

Part 2—Valid ticket must be heldandpresented

Division 1—Obligations

7Obligation to hold valid ticket

(1)A person who is travelling in a passenger vehicle must have in the person's possession a ticket that is valid for the whole of the person's travel in that passenger vehicle.

Penalty:10 penalty units.

Note

Regulation 13 sets out the defence that may apply in respect of a charge under this subregulation.

(2)A person who is in a compulsory ticket areamusthave in the person's possession a ticket that is valid for that entry to the compulsory ticket area.

Penalty:10 penalty units.

Note

Regulation 14 sets out the defence that may apply in respect of a charge under this subregulation.

(3)For the purposes of this regulation, a person has a ticket in the person's possession only if—

(a)the person holds the ticket on or about their person; or

(b)the person is accompanied by another personand that other person holds the ticketon or about their person on behalf ofthe firstmentioned person.

Examples

For the purposes of subregulation (3)(b), examples of another person holding a ticket on a person's behalf are—

  • a parent, foster carer or person who is granted guardianship of a child holding a ticket on behalf of a child; and
  • the holder of a ticket authorising group travel.

Note

See regulation 6, which explains the meaning of valid for travel or valid for entry to a compulsory ticket area.

8Obligation to produce a ticket valid for travel

(1)An authorised person (ticketing) may ask a person who is travelling in, or has just left, a passenger vehicle to produce for inspection a ticket that is or was (as the case requires) valid for the whole of the person's travel in that passenger vehicle.

(2)A person must without delay comply with a request made under subregulation (1).

Penalty:10 penalty units.

Note

Regulation 13 sets out the defence that may apply in respect of a charge under this subregulation.

9Obligation to produce a ticket valid for entry to a compulsory ticket area

(1)An authorised person (ticketing) may ask a person who is in, or has just left, a compulsory ticket area, to produce for inspection a ticket that is or was (as the case requires) valid for that entry to the compulsory ticket area.

(2)A person must without delay comply with a request made under subregulation (1).

Penalty:10 penalty units.

Note

Regulation 14 sets out the defence that may apply in respect of a charge under this subregulation.

10Obligation to produce evidence of entitlement to rely on a concession ticket for travel

(1)If it appears to an authorised person (ticketing) that a person who is travelling in, or has just left, a passenger vehicle relies, or has relied(as the case requires), on a concession ticket for the person's travel, the authorised person (ticketing) may ask the person to produce for inspection evidence of the person's entitlement to rely on the concession ticket for the person's travel in that passenger vehicle.

(2)Subregulation (1) does not apply if the concession ticket itself constitutes or contains evidence of the person's entitlement to rely on the concession ticket.

(3)A person must without delay comply with a request made under subregulation (1).

Penalty:5 penalty units.

11Obligation to produce evidence of entitlement to rely on a concession ticket for entry to a compulsory ticket area

(1)If it appears to an authorised person (ticketing) that a person who is in, or has just left, a compulsory ticket area relies or has relied
(as the case requires) on a concession ticket for the person's entry to the compulsory ticket area, the authorised person (ticketing) may ask the person to produce for inspection evidence of the person's entitlement to rely on the concession ticket.

(2)Subregulation (1) does not apply if the concession ticket itself constitutes or contains evidence of the person's entitlement to rely on the concession ticket.

(3)A person must without delay comply with a request made under subregulation (1).

Penalty:5 penalty units.

12Application of regulations 8 to 11if a person's ticket or evidence of entitlement is held by another person

For the purposes of regulations 8(2), 9(2), 10(3) and 11(3), a person is taken to have complied with a request made under, respectively, regulation 8(1), 9(1), 10(1) or 11(1) if, at the timethe request is made, another person, who isaccompanying the person and is holding the relevant ticket or evidence on behalf of the person,produces the ticket or evidence for inspection by the authorised person (ticketing).

Division 2—Defences

13Defence in relation to travel

It is a defence to a charge under regulation 7(1) or8(2) that the person charged took all reasonable steps to have in the person's possession or to produce for inspection (as the case requires) a ticket that was valid for the whole of the person's travel that were available—

(a)before commencing the travel; and

(b)while undertaking the travel.

14Defence in relation to entry to a compulsory ticket area

It is a defence to a charge under regulation7(2) or9(2) that the person charged took all reasonable steps to have inthe person's possession or to produce forinspection (as the case requires) a ticketthat was valid for the entry that wereavailable—

(a)before entering the compulsory ticket area; and

(b)while the person was in the compulsory ticket area.

15Insufficient time not a defence

Without limiting the generality of regulations13 and 14, for the purposes of those regulations, if the primary reason that the person did not possess or produce for inspection a ticket valid for the travel or entry (as the case requires) was because there was insufficient time to havesuch a ticket in the person's possession, the person did not take all reasonable steps that were available.

16Insufficient care not a defence

Without limiting the generality of regulations13 and 14, for the purposes of those regulations, if theprimary reason that the person did not possess or produce for inspection a ticket valid for the travel or entry (as the case requires) was because the person took insufficient care to ensure that theperson had such a ticket in the person's possession, the person did not take all reasonable steps that were available.

Part 3—Ticket contracts and conditions

17Ticket contracts

(1)This regulation applies if a passenger transport company or a bus company is obliged under a contract with the Crown, orthe Secretary on behalf of the Crown or the Public Transport Development Authority, to accept for travel in thecompany's passenger vehicles or entry to thecompany's compulsory ticket areas a ticket that has not been issued by or on behalf of the company.

(2)If a person enters one of the company's passenger vehicles or compulsory ticket areas in reliance ona ticket referred to in subregulation (1), on thatentry there is taken to come into existence a contract between the company and the person for the travel in the passenger vehicle or entry to the compulsory ticket area (as the case requires).

(3)If a person purchases a ticket referred to in subregulation (1) on one of the company's passenger vehicles for use in that vehicle, onthatpurchase there is taken to come into existencea contract between the company andtheperson for the travel in the passenger vehicle.

(4)The terms of a contract referred to in subregulation (2) or (3) are taken to be all oftheconditions to which the ticket is subject thatare relevant to the travel in the passenger vehicle or entry to the compulsory ticket area, asthe case may be.