Transport (Conduct) Regulations 2005
Version No. 010
Transport (Conduct) Regulations 2005
S.R. No. 69/2005
Version incorporating amendments as at 14 July 2008
table of provisions
RegulationPage
1
RegulationPage
Part 1—Preliminary
1Objectives
2Authorising provisions
3Interpretation
4Liability for offences
Part 2—Conditions of Travel
5–10Revoked
11Vacating seats for persons with special needs
12Students to vacate seats
13Occupying unreserved seats
14Unauthorised travel and seating
Part 3—Conduct Affecting Amenity
15Placing luggage as directed
16Playing a musical instrument
17Operating sound equipment
18Gambling
19Selling and busking etc.
20Dogs and other animals on vehicles or rail premises
21Dogs not to occupy seats
22Animals not to stray
23Revoked
24Drinking liquor and possessing an open container of liquor
24ASmoking
25Littering
26Spitting
27Graffiti
27AScratching or burning
27BFeet on furniture
Part 4—General Conduct Affecting Safety
28Prohibited language and behaviour
29Committing a nuisance etc.
30Conveying things likely to annoy, injure or endanger
31Protruding part of body or object
32Throwing things
33Creating an obstruction
34Entering and leaving
34AVehicle in motion
35Riding a bicycle etc.
36Driving or riding a vehicle on rail premises
37, 38Revoked26
Part 5—Railway and Tramway Tracks
39Crossing railway tracks by pedestrians
40Crossing tramway tracksby pedestrians
41Entering a pit between platforms and entering onto railway or designated tramway tracks
42Crossing railway and tramway tracks
43Stopping or standing on crossings between boom gates
44, 45Revoked31
Part 6—Interfering with Equipment or Property
46Operating doors
47Operating automatic doors
48Damage
49Fire
50–53Revoked34
Part 7—Powers
54Request to leave vehicle and power to remove
Part 8—Revoked36
55Revoked36
______
SCHEDULE—Revoked37
═══════════════
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 010
Transport (Conduct) Regulations 2005
S.R. No. 69/2005
Version incorporating amendments as at 14 July 2008
1
Transport (Conduct) Regulations 2005
S.R. No. 69/2005
Part 1—Preliminary
1Objectives
The objectives of these Regulations are to—
Reg. 1(a)(b) revoked by S.R. No. 86/2006 reg.4(Sch. item1.2).
*****
(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.
2Authorising provisions
r. 2
These Regulations are made under sections 56, 162, 249B and 256 of the Transport Act 1983.
3Interpretation
(1)In these Regulations—
Reg.3(1) def.of authorised person amendedby S.R. No. 144/2005 reg.3, substituted as authorised person (conduct) by S.R. Nos86/2006 reg.4(Sch. item1.3), 73/2008 reg.5.
authorised person (conduct) means—
(a)an authorised officer; or
(b)a member of the police force; 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;
bicyclemeans 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 200watts (whether or not the motor is operating);
r. 3
Reg.3(1) def.of designated area revokedby S.R. No. 86/2006 reg.4(Sch. item1.3).
*****
designated tramway tracks means—
(a)the tramway tracks that run from the Whiteman Street tram stop to the StKilda Station tram stop; or
(b)the tramway tracks that run from the Whiteman Street tram stop to the Port Melbourne tram stop;
Diagram 3:Designated tramway tracks
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
r. 3
(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;
pedestrianincludes—
(a)a person driving a motorised wheelchair that cannot travel at over 10kilometres per hour (on level ground); and
(b)a person in a non-motorised wheelchair; and
(c)a person pushing a motorised or non-motorised wheelchair;
rail premises means any land, building, premises or structure owned, occupied or leased by—
r. 3
(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 trackmeans 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 vehiclemeans 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;
Reg.3(1) def.of
ticket revokedby S.R. No. 86/2006 reg.4(Sch. item1.4).
*****
Reg.3(1) def.of
ticket barrier revokedby S.R. No. 86/2006 reg.4(Sch. item1.4).
*****
Reg.3(1) def.of
ticket validating device revokedby S.R. No. 86/2006 reg.4(Sch. item1.4).
*****
Reg.3(1) def.of
ticket validating machine revokedby S.R. No. 86/2006 reg.4(Sch. item1.4).
*****
r. 3
tramway trackmeans a tramway track used by a passenger transport company to operate a tramway for the carriage of passengers;
Reg.3(1) def.of
travel concession card revokedby S.R. No. 86/2006 reg.4(Sch. item1.4).
*****
vehiclemeans 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—
r. 3
(i)a wheelchair other than a motorised wheelchair capable of a speed of 10kilometres per hour or more; or
(j)a wheeled recreational device; or
(k)a wheeled toy;
wheeled recreational devicemeans 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 toymeans 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 be a comprehensive depiction of the situation they illustrate or to extend the meaning of the regulation to which they relate.
Reg.4 amended by S.R. No. 86/2006 reg.4(Sch. item1.5).
4Liability for offences
r. 4
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.
______
Pt 2
(Heading) amended by S.R. No. 86/2006 reg.4(Sch. item1.8).
Part 2—Conditions of Travel
Regs 5–10 revoked by S.R. No. 86/2006 reg.4(Sch. item1.9).
*****
11Vacating seats for persons with special needs
r. 11
Reg.11(1) amended by S.R. No. 86/2006 reg.4(Sch. item1.5).
(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
(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.
12Students to vacate seats
Reg.12(1) amended by S.R. No. 86/2006 reg.4(Sch. item1.5).
(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.
Reg.13 amended by S.R. No. 86/2006 reg.4(Sch. item1.5).
13Occupying unreserved seats
r. 12
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.
14Unauthorised travel and seating
Reg.14(1) amended by S.R. No. 86/2006 reg.4(Sch. item1.5).
(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).
Penalty:5 penalty units.
Reg.14(2) amended by S.R. No. 86/2006 reg.4(Sch. item1.5).
(2)An authorised person (conduct) may request a person to comply with any conditions of travel referred to in subregulation (1).
Reg.14(3) amended by S.R. No. 86/2006 reg.4(Sch. item1.5).
(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.
r. 14
Reg.14(4) amended by S.R. No. 86/2006 reg.4(Sch. item1.5).
(4)A person must comply with a request by an authorised person (conduct) under subregulation (2) or (3).
Penalty:5 penalty units.
______
Part 3—Conduct Affecting Amenity
Reg.15 amended by S.R. No. 86/2006 reg.4(Sch. item1.5).
15Placing luggage as directed
r. 15
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.
16Playing 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.
17Operating 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.
Penalty:5 penalty units.
18Gambling
r. 18
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.
19Selling 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.
Reg.20 substitutedby S.R. No.73/2008 reg.6.
20Dogs and other animals on vehicles or rail premises
r. 20
(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 by the Director under section 220D(1) of the Act.
Note
The conditions determined by the Director under section 220Dof 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.
21Dogs not to occupy seats
r. 21
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.
22Animals 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.
Reg.23 revoked by S.R. No. 73/2008 reg.7.
*****
24Drinking 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.
(3)In this regulation liquor has the same meaning at it has in section 3 of the Liquor Control Reform Act 1998.
Reg.24A inserted by S.R. No.73/2008 reg.8.
24ASmoking
r. 24A
(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.
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.
(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 stopshelter, bus stop shelter, or covered area of the train platform; or
(b)from within the tram stop shelter, bus stop shelter or covered area of the train platform.
Penalty:5 penalty units.
(5)In this regulation—
acceptable no smoking sign has the same meaning as in the Tobacco Act 1987;
bus stopshelter 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 section3(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 placewhere passengers wait to catch a tram that—
(a)is covered by a shelter or other structure; and
(b)is public transport property.
25Littering
r. 25
(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 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.
26Spitting
r. 26
(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.
27Graffiti
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.