Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015 (Vic)
Version No. 009
Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015
S.R. No. 72/2015
Version incorporating amendments as at
17 June 2025
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provisions
3Commencement
4Revocations
5Definitions
6Liability for offences
Part 2—Conduct affecting safety
Division 1—General conduct offences
7Conveying or bringing things likely to injure or endanger
8Protruding part of body or object
9Throwing or dropping things
10Creating obstructions
11Carriage of bicycles
12Riding bicycles etc. on public transport vehicles
13Driving, riding or parking a vehicle on public transport premises
14Unauthorised entering and leaving vehicles and premises
15Travelling in, or mounting of, places not intended for travel
Division 2—Interfering with equipment or property offences
16Interference with gates and doors
17Operating bus or equipment
18Applying brake or emergency device on bus
19Prescribed equipment
20Damage to property
21Fires on public transport vehicles and public transport premises
Division 3—Crossing railway and tramway tracks offences
22Crossing railway tracks or designated tramway tracks by pedestrians
23Driving or riding across railway or designated tramway tracks
24Stopping or standing on crossings between boom gates
25Entering a pit between platforms or entering onto railway or tramway tracks
Division 4—Face coverings
25AWearing a face covering on public transport if required by a pandemic order
Part 3—Conduct affecting amenity
26Indecent, obscene, etc. language and behaviour
27Committing a nuisance or conveying things likely to annoy etc.
28Musical instruments on public transport vehicles or premises
29Sound equipment on public transport vehicles or premises
30Selling and busking etc. on public transport vehicles or premises
31Drinking liquor or possessing an open container of liquor on public transport vehicles or premises
32Smoking on public transport vehicles or premises
33Littering on public transport vehicles or premises
34Spitting
35Feet on seats or other furniture
36Placing luggage as directed
37Graffiti
38Scratching or burning
39Animals on public transport vehicles or premises
40Animals on seats
41Animals not to stray
Part 4—Seating on public transport vehicles
42Definition—Part 4
43Person must vacate designated special needs seat for person with special needs
44Person must vacate seat for person with special needs
45Person must vacate area designated for persons in a wheelchair
46Occupying unreserved seats
47Unauthorised travel and seating
Part 6—Miscellaneous
65Prosecution or infringement for more than one offence
66Request to leave vehicle or premises
Schedule 2—Prescribed equipment
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 009
Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015
S.R. No. 72/2015
Version incorporating amendments as at
17 June 2025
PART 1—PRELIMINARY
1Objectives
The objectives of these Regulations are—
(a)to regulate the conduct of persons on, and in relation to, trains, trams, buses and public transport premises having regard to safety, fairness and community standards; and
(b)to facilitate comfortable and convenient travel for passengers on public transport; and
(c)to require persons crossing railway tracks or tramway tracks or otherwise interacting with tracks to do so in a safe manner; and
(d)to require persons travelling in or on trains, trams and buses or being on public transport premises—
(i)to behave safely and in a way that does not cause harm, or is not likely to cause harm, to themselves or others; and
(ii)to behave in a way that does not unnecessarily disturb others; and
(iii)to use public transport equipment in a way that does not cause harm, or is not likely to cause harm, to themselves or others; and
(iv)to not damage property.
* * * * *
2Authorising provisions
These Regulations are made under sections 56, 249B and 256 of the Transport (Compliance and Miscellaneous) Act 1983.
3Commencement
These Regulations commence on 27 June 2015.
4Revocations
(1)The Transport (Conduct) Regulations 2005[1] are revoked.
(2)The Transport (Passenger Vehicles) Regulations 2005[2] are revoked.
5Definitions
(1)In these Regulations—
appropriate written authorisation means written authorisation from—
(a)in relation to a public transport vehicle, the passenger transport company, rail freight operator or bus company that operates the public transport vehicle; or
(b)in relation to public transport premises, the owner or occupier of the public transport premises;
authorised officer has the same meaning as in section 208 of the Act;
authorised person (conduct) 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, or the operation of, a passenger vehicle; or
(e)any other person appointed in writing by a passenger transport company or bus company or rail freight operator, Rail Track, or the Secretary, the Head, Transport for Victoria for the purposes of these Regulations; or
(f)if a bus company is a natural person, that person;
bicycle has the same meaning as in the Road Rules;
bus premises has the same meaning as in the Transport (Safety Schemes Compliance and Enforcement) Act 2014;
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;
compulsory ticket area has the same meaning as in the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017;
* * * * *
* * * * *
designated special needs seat means a seat designated for use by a person with special needs;
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;
* * * * *
face covering means a fitted face mask which covers a person's nose and mouth to provide that person with protection against infection but does not include a face shield;
level crossing means—
(a)an area where a road and a railway meet 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 meet at substantially the same level and that has a level crossing sign on the road at each entrance to the area.
Diagram 1: Level crossing sign
Diagram 2: Level crossing sign
metropolitan train means a train—
(a)powered by electricity that operates on the metropolitan rail network; or
(b)operated for the purpose of a rail service running between the Frankston railway station and the Stony Point railway station;
motor vehicle has the same meaning as in the Road Safety Act 1986;
pandemic order means an order made under section 165AI of the Public Health and Wellbeing Act 2008;
park has the same meaning as in Part 12 of the Road Rules;
passenger vehicle has the same meaning as in the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017;
pedestrianincludes—
(a)a person in a motorised wheelchair that cannot travel at a speed of more than 10 kilometres 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;
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 that person has a need for the carer's continuing or immediate assistance;
protective services officer has the same meaning as in the Victoria Police Act 2013;
* * * * *
public transport premises means—
(a)railway premises; or
(b)bus premises;
public transport vehicle means a train, a tram or a bus operated by a passenger transport company, a rail freight operator or a bus company;
railway 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; or
(d)the Head, Transport for Victoria in connection with its functions in relation to passenger services;
railwaytrack 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;
Road Rulesmeans the Road Safety Road Rules 2017;
stophas the same meaning as in Part 12 of the Road Rules;
the Act means the Transport (Compliance and Miscellaneous) Act 1983;
ticket has the same meaning as in the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017;
* * * * *
trainincludes a single carriage (whether powered or not) which does not form part of a set or series of carriages;
tram stop platform means a tram stop that has a raised platform other than where the platform forms part of a road;
tram stop shelter means a place where passengers wait to catch a tram that—
(a)is covered by a shelter or other structure; and
(b)is public transport property;
tramway track has the same meaning as in section 221U of the Act;
valid ticket means a ticket that was valid, in accordance with the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017, for the whole of a person's travel in a passenger vehicle;
vehiclemeans a conveyance that is designed to be propelled or drawn by any means, whether or not it is capable of being so propelled or drawn, and includes—
(a)a motor vehicle;
(b)a trailer;
(c)a bicycle;
(d)an air-cushion vehicle;
(e)an animal that is being ridden or that is drawing a vehicle;
(f)a combination of vehicles consisting of a motor vehicle connected to one or more vehicles—
but does not include—
(g)a wheelchair other than a motorised wheelchair capable of a speed of 10 kilometres per hour or more; or
(h)a wheeled recreational device; or
(i)a wheeled toy;
wheelchair has the same meaning as in the Road Rules;
wheeled recreational device has the same meaning as in the Road Rules;
wheeled toy has the same meaning as in the Road Rules.
(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)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.
6Liability for offences
An authorised person (conduct) or an employee, contractor or agent of a passenger transport company, a rail freight operator, a bus company or Rail Track is not liable for an offence under these Regulations for anything reasonably done in the course of their duties.
PART 2—CONDUCT AFFECTING SAFETY
Division 1—General conduct offences
7Conveying or bringing things likely to injure or endanger
(1)A person in or on a public transport vehicle or public transport premises must not convey or bring, or attempt to convey or bring, any thing that is likely to injure or endanger another person or damage property.
Penalty:10 penalty units.
Example
An example of a thing which may be a thing that is likely to injure or endanger any person or likely to damage property is an explosive device or petrol contained in a fuel tank.
(2)A person must not convey or bring, or attempt to convey or bring, any thing into or onto a public transport vehicle or public transport premises if an employee of a passenger transport company, a rail freight operator, Rail Track or a bus company has, in the course of the employee's duties, informed the person that the thing is likely to injure or endanger any person or likely to damage the public transport vehicle or any property if it is conveyed or brought into or onto the public transport vehicle or public transport premises.
Penalty:15 penalty units.
8Protruding part of body or object
A person in a public transport vehicle that is in motion must not protrude or cause to protrude, from a door, window or hatch of the vehicle any, or any part, of the following—
(a)the person's body;
(b)another person's body;
(c)an object.
Penalty:10 penalty units.
9Throwing or dropping things
A person must not, without reasonable excuse—
(a)throw any thing from or at a public transport vehicle or public transport premises; or
(b)drop any thing from a public transport vehicle or public transport premises.
Penalty:10 penalty units.
10Creating obstructions
(1)A person in or on a public transport vehicle or public transport premises must not create an obstruction without reasonable excuse.
Penalty:10 penalty units.
(2)A person in or on a public transport vehicle or public transport premises must not do anything which is likely to cause an obstruction without reasonable excuse.
Penalty:10 penalty units.
11Carriage of bicycles
(1)A person must not bring a bicycle into a metropolitan train through the first door of the first carriage of that train.
Penalty:10 penalty units.
(2)A person must not be in possession of a bicycle near the first door inside the first carriage of a metropolitan train.
Penalty:10 penalty units.
(3)A person must not bring a bicycle, other than a folding bicycle—
(a)into or onto a tram; or
(b)onto a tram stop platform.
Penalty:10 penalty units.
(4)Subject to subregulation (5), a person must not bring a bicycle, other than a folding bicycle, into or onto a bus that is a public transport vehicle.
Penalty:10 penalty units.
(5)Subregulation (4) does not apply to—
(a)a bus on which a V/Line name or logo is affixed or displayed and that is equipped to carry bicycles; or
(b)a bus that is being used to replace a V/line passenger service.
(6)In this regulation, a folding bicycle means a bicycle that can be folded.
12Riding bicycles etc. on public transport vehicles
A person must not ride a bicycle, wheeled recreational device or wheeled toy in or on a public transport vehicle.
Penalty:10 penalty units.
13Driving, riding or parking a vehicle on public transport premises
(1)A person must not drive, ride or park a vehicle on any part of public transport premises that is not designated for the use of vehicles of that type.
Penalty:10 penalty units.
(2)A person who drives, rides or parks a vehicle on public transport premises must obey all parking control signs that apply to the premises.
Penalty:10 penalty units.
(3)A person who drives or rides a vehicle or wheeled recreational device on public transport premises must obey all traffic control devices that apply to the premises.
Penalty:10 penalty units.
(4)A person must not drive or ride a vehicle or a wheeled recreational device on public transport premises in a manner likely to cause injury to or to endanger any person or to damage property.
Penalty:10 penalty units.
(5)A person must not park a vehicle on public transport premises in a manner likely to cause an obstruction.
Penalty:10 penalty units.
(6)A person must comply with any direction (whether given orally, in writing or otherwise) about driving, riding, stopping, removing or parking of vehicles or wheeled recreational devices given to the person by an authorised person (conduct) while the person is driving or riding a vehicle or riding a wheeled recreational device on public transport premises.
Penalty:10 penalty units.
Example
An example of a direction given other than orally or in writing is a direction given by means of a hand signal.
(7)In this regulation—
parking control sign has the same meaning as in the Road Rules;
traffic control device has the same meaning as in the Road Rules.
14Unauthorised entering and leaving vehicles and premises
(1)A person must not, without reasonable excuse, enter or leave, or attempt to enter or leave a public transport vehicle while the vehicle is in motion.
Penalty:10 penalty units.
(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 train or tram that stops next to a platform other than by a doorway next to the platform unless such a doorway is unavailable.
Penalty:10 penalty units.
(3)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 public transport vehicle, public transport premises or a compulsory ticket area other than through an entrance or exit provided for passengers or the public.
Penalty:10 penalty units.
(4)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 public transport vehicle, public transport premises or a compulsory ticket area through an emergency exit other than in an emergency.
Penalty:10 penalty units.
(5)A person must not, without reasonable excuse or the permission of an authorised person (conduct), jump or climb over any barrier on public transport premises.
Penalty:10 penalty units.
(6)A person must not, without reasonable excuse or the permission of an authorised person (conduct), enter or attempt to enter a public transport vehicle if the vehicle has stopped only for passengers to leave.
Penalty:10 penalty units.
(7)A person must not, without reasonable excuse or the permission of an authorised person (conduct), leave or attempt to leave a public transport vehicle if the vehicle has stopped only for passengers to enter.
Penalty:10 penalty units.
15Travelling in, or mounting of, places not intended for travel
(1)This regulation applies to a bus that is a public transport vehicle.
(2)A person must not, without reasonable excuse, travel or attempt to travel on a part of a bus not intended for the purpose of travel.
Penalty:20 penalty units.
Note
It is an offence against section 221ZE(1) of the Act to travel on a part of a train or tram not intended for travel.
(3)A person must not, without reasonable excuse, mount or attempt to mount any part of a bus not intended for the purpose of travel by passengers.
Penalty:15 penalty units.
Note
It is an offence against section 221ZD(1) of the Act to mount any part of a train or tram not intended for travel.
(4)A person must not, without reasonable excuse, step, stand, sit, kneel or lie on or hold onto an exterior part of a public transport vehicle while the vehicle is in motion.
Penalty:10 penalty units.
(5)A rider of a bicycle or a person in or on a wheeled recreational device or wheeled toy must not attach or attempt to attach himself or herself or another person or the bicycle, wheeled recreational device or wheeled toy to the exterior of a bus for any purpose.
Penalty:20 penalty units.
Note
It is an offence against section 221ZE(2) of the Act for a person to attach themselves or a bicycle, wheeled recreational device or wheeled toy to a train or tram.
(6)Subregulation (5) does not apply to a person who secures a bicycle to a bicycle rack or other similar fixture attached to the exterior of a bus with the permission of the bus driver.
Division 2—Interfering with equipment or property offences
16Interference with gates and doors
A person in or on any public transport vehicle or on public transport premises must not, without reasonable excuse—
(a)unlock a lock or open a locked door; or
(b)lock any unlocked door; or
(c)open or interfere with any locked gate or door; or
(d)close or interfere with any unlocked or opened gate or door; or
(e)prevent or attempt to prevent an automatic door from opening or closing; or
(f)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
(g)make use of the door in a manner likely to cause damage to the release or closing mechanism connected to the door; or
(h)open or hold open any door on any public transport vehicle while the vehicle is in motion if the door provides access to the outside of the vehicle.
Penalty:20 penalty units.
17Operating bus or equipment
A person must not, without reasonable excuse—
(a)move or attempt to move; or
(b)interfere or attempt to interfere with; or
(c)tamper or attempt to tamper with; or
(d)operate or attempt to operate—
a bus that is a public transport vehicle or any equipment on or in that bus.
Penalty:20 penalty units.
Note
It is an offence against section 221ZH(1) of the Act for a person to move, interfere with, tamper or operate, or attempt to do any of these things to a train or tram or equipment on the train or tram.
18Applying brake or emergency device on bus
A person must not, without reasonable excuse, apply any brake or make use of any emergency device fitted to a bus that is a public transport vehicle.
Penalty:20 penalty units.
Note
It is an offence against section 221ZF of the Act for a person to apply any brake or make use of any emergency device fitted to a train or tram.
19Prescribed equipment
The equipment set out in Schedule 2 is prescribed equipment for the purposes of section 222B(1) of the Act.
20Damage to property
A person must not destroy, damage or deface any property belonging to, occupied by, leased by or otherwise under the control of a passenger transport company, a rail freight operator, Rail Track or a bus company.
Penalty:20 penalty units.
21Fires on public transport vehicles and public transport premises
(1)A person must not light a fire in or on a public transport vehicle.
Penalty:20 penalty units.
(2)A person must not light a fire in or on public transport premises without appropriate written authorisation.
Penalty:20 penalty units.
(3)A person must not leave a fire that has been lit by that person in or on public transport premises until the fire is completely extinguished.
Penalty:20 penalty units.
(4)A person must not bring any burning substance into or onto a public transport vehicle, or by any act or omission, cause a burning substance to be brought into or onto a public transport vehicle.
Penalty:20 penalty units.
(5)A person must not bring any burning substance into or onto public transport premises, or by any act or omission, cause a burning substance to be brought into or on to public transport premises, in circumstances likely to cause injury to or to endanger any person or to damage any property.
Penalty:20 penalty units.
(6)A person must not throw or drop any burning substance onto or from any public transport vehicle or public transport premises.
Penalty:20 penalty units.
(7)A person must not by any act or omission cause a burning substance to be thrown or dropped onto or from any public transport vehicle or public transport premises.
Penalty:20 penalty units.
(8)A person must not throw any burning substance at a public transport vehicle or public transport premises.
Penalty:20 penalty units.
(9)In this regulation, burning substance includes a cigarette or cigar or any part of a cigarette or cigar.
Division 3—Crossing railway and tramway tracks offences
22Crossing railway tracks or designated tramway tracks by pedestrians
(1)A pedestrian must not cross or attempt to cross railway tracks or designated tramway tracks other than at a place provided for crossing by pedestrians unless directed to do so by an authorised person (conduct).
Penalty:10 penalty units.
(2)A pedestrian must not cross or attempt to cross railway tracks or designated tramway tracks at a place provided for crossing by pedestrians if—
(a)gates at the crossing or at an adjacent vehicle crossing are closed or locked; or
(b)warning signals or devices are operating at the crossing or at an adjacent vehicle crossing; or
(c)a train or tram can be seen or heard approaching and there is a danger of a collision with the train or tram if the pedestrian enters the crossing; or
(d)a train or tram is on or entering the crossing; or
(e)the crossing or the path beyond the crossing is blocked; or
(f)the pedestrian is directed not to do so by an authorised person (conduct).
Penalty:10 penalty units.
23Driving or riding across railway or designated tramway tracks
(1)A person must not drive or ride or attempt to drive or ride a vehicle or wheeled recreational device across railway tracks or designated tramway tracks at a place other than a level crossing.
Penalty:20 penalty units.
(2)A person must not drive or ride or attempt to drive or ride a vehicle or wheeled recreational device across railway tracks or designated tramway tracks at a level crossing if—
(a)warning signals or devices are operating at the crossing; or
(b)gates at the crossing are closed or locked; or
(c)a train or tram can be seen or heard approaching and there is a danger of a collision with the train or tram if the driver or rider enters the crossing; or
(d)the crossing or the road beyond the crossing is blocked; or
(e)a train or tram is on or entering the crossing; or
(f)the person is directed not to do so by an authorised person (conduct).
Penalty:20 penalty units.
24Stopping or standing on crossings between boom gates
(1)A person who drives or rides a vehicle or wheeled recreational device across railway tracks or designated tramway tracks must not stop the vehicle or wheeled recreational device on a level crossing between boom gates.
Penalty:20 penalty units.
(2)A pedestrian must not stop on a level crossing between boom gates or enter an area between boom gates if—
(a)the boom gates are closed; or
(b)the pedestrian is directed not to do so by an authorised person (conduct).
Penalty:20 penalty units.
25Entering a pit between platforms or entering onto railway or tramway tracks
(1)A person must not, without reasonable excuse, enter a place between 2 platforms in which there is a railway track other than at a place provided for crossing by pedestrians.
Penalty:20 penalty units.
(2)A person must not, without reasonable excuse, enter a place between 2 platforms in which there is a tramway track other than at a place provided for crossing by pedestrians.
Penalty:20 penalty units.
(3)A person must not, without reasonable excuse, descend from a platform onto a railway track or designated tramway track other than at a place provided for crossing by pedestrians.
Penalty:20 penalty units.
(4)A person must not, without reasonable excuse, enter onto a railway track or designated tramway track other than at a place provided for crossing by pedestrians.
Penalty:20 penalty units.
Division 4—Face coverings
25AWearing a face covering on public transport if required by a pandemic order
(1)A person must not, without reasonable excuse, enter or travel in a passenger vehicle without wearing a face covering if a pandemic order is in force that requires a person to wear a face covering in that circumstance.
Penalty:20 penalty units.
(2)A person must not, without reasonable excuse, be in or on the following without wearing a face covering if a pandemic order is in force that requires a person to wear a face covering—
(a)a railway station, including—
(i)a train platform; and
(ii)any compulsory ticket area that is not a train platform;
(b)a tram stop shelter or bus stop shelter;
(c)a tram stop platform.
Penalty:20 penalty units.
(3)For the purposes of subregulations (1) and (2), reasonable excuse includes, but is not limited to, if the person is exempted from wearing a face covering in accordance with the pandemic order.
PART 3—CONDUCT AFFECTING AMENITY
26Indecent, obscene, etc. language and behaviour
A person in or on a public transport vehicle or public transport premises must not—
(a)use indecent, obscene, offensive or threatening language; or
(b)behave in an indecent, obscene, offensive, threatening, disorderly or riotous manner.
Penalty:10 penalty units.
27Committing a nuisance or conveying things likely to annoy etc.
(1)A person in or on a public transport vehicle or public transport premises must not convey, bring or attempt to convey or bring any thing that is likely to annoy or disturb another person.
Penalty:5 penalty units.
(2)A person in or on a public transport vehicle or public transport premises must not commit a nuisance or act in a way that is likely to interfere with the comfort of another person.
Penalty:10 penalty units.
28Musical instruments on public transport vehicles or premises
A person must not play a musical instrument in or on a public transport vehicle or public transport premises without appropriate written authorisation.
Penalty:5 penalty units.
29Sound equipment on public transport vehicles or premises
(1)A person must not operate any sound equipment in or on a public transport vehicle or public transport premises unless—
(a)the sound from the equipment is contained by the use of headphones; or
(b)is otherwise inaudible to other persons in or on the vehicle or premises; or
(c)the person has appropriate written authorisation.
Penalty:5 penalty units.
(2)In this regulation, sound equipment means a radio, cassette player, compact disc player, smart phone, tablet, television, MP3 player, a video camera or camera capable of producing video, DVD player or any other device capable of producing sound, but does not include a mobile telephone being used to make or receive telephone calls without the use of a speaker.
30Selling and busking etc. on public transport vehicles or premises
(1)A person in or on a public transport vehicle or public transport premises must not, without appropriate written authorisation—
(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.
Penalty:5 penalty units.
(2)A person in or on a public transport vehicle or public transport premises must not, without appropriate written authorisation—
(a)distribute handbills; or
(b)solicit money or goods from any person; or
(c)busk.
Penalty:5 penalty units.
31Drinking liquor or possessing an open container of liquor on public transport vehicles or premises
(1)A person in or on a public transport vehicle or on public transport premises must not drink from a container that contains, or purports to contain, liquor 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, a bus company or Rail Track as a place where liquor may be consumed.
Penalty:5 penalty units.
(2)A person in or on a public transport vehicle or on public transport premises must not possess an open container that contains, or purports to contain, liquor 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, a bus company or Rail Track as a place where liquor may be consumed.
Penalty:5 penalty units.
(3)In this regulation, liquor has the same meaning as it has in the Liquor Control Reform Act 1998.
32Smoking on public transport vehicles or premises
(1)A person must not smoke in or on any of the following—
(a)a public transport vehicle;
(b)a tram stop shelter or bus stop shelter;
(c)a train platform;
(d)a compulsory ticket area other than a train platform;
(e)a tram stop platform;
(f)any other public transport premises or part of public transport premises where a notice is displayed that smoking on that property or part is prohibited.
Penalty:5 penalty units.
(2)A passenger transport company or a bus company must ensure, so far as is reasonably practicable, that acceptable no smoking signs are displayed in a public transport vehicle in places where a person on that vehicle is reasonably likely to see one or more of the signs.
Penalty:5 penalty units.
(3)An occupier or owner of public transport premises must ensure, so far as is reasonably practicable, that acceptable no smoking signs are displayed at tram stop shelters, bus stop shelters, train platforms, compulsory ticket areas other than train platforms, tram stop platforms or other public transport premises where smoking is prohibited 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, train platform, compulsory ticket area other than a train platform or tram stop platform; or
(b)when in or on the tram stop shelter, bus stop shelter or compulsory ticket area other than a train platform; or
(c)when on the train platform or tram stop platform; or
(d)when in, on or entering the public transport premises.
Penalty:5 penalty units.
(4)In this regulation—
acceptable no smoking sign has the same meaning as in the Tobacco Act 1987;
* * * * *
e-cigarette has the same meaning as in the Tobacco Act 1987;
occupier means—
(a)in relation to a tram stop shelter or bus stop shelter, the infrastructure manager within the meaning of the Road Management Act 2004 of the stop; or
(b)in relation to a train platform, compulsory ticket area other than a train platform, or tram stop platform, the relevant passenger transport company that occupies the area or platform;
smoke means—
(a)smoke, hold or otherwise have control over, an ignited or heated tobacco product; or
(b)use an e-cigarette to generate or release an aerosol or vapour; or
(c)smoke any other substance;
tobacco product has the same meaning as in the Tobacco Act 1987;
* * * * *
33Littering on public transport vehicles or premises
(1)A person must not leave or deposit litter in or on a public transport vehicle or public transport premises except in a receptacle provided for that purpose.
Penalty:5 penalty units.
(2)A person must not leave or deposit any thing in or on a public transport vehicle or public transport premises that may endanger any person or property except in a receptacle provided for that purpose.
Penalty:10 penalty units.
Example
An example of a thing that may endanger a person or property is a broken glass bottle.
(3)In this regulation, litter has the same meaning as it has in section 4(1) of the Environment Protection Act 1970.
34Spitting
(1)A person must not spit in, on or at a public transport vehicle or on public transport premises.
Penalty:10 penalty units.
(2)A person who is in or on a public transport vehicle or on public transport premises must not spit at or on another person.
Penalty:15 penalty units.
35Feet on seats or other furniture
(1)A person must not, without reasonable excuse, place his or her feet on any part of a public transport vehicle other than—
(a)the floor; or
(b)a part of the vehicle specifically designed for the placing of feet.
Penalty:5 penalty units.
(2)A person must not, without reasonable excuse, place his or her feet on any part of the furniture of a passenger transport company or bus company other than furniture or a part of furniture specifically designed for the placing of feet.
Penalty:5 penalty units.
36Placing luggage as directed
A passenger on a public transport vehicle must place luggage carried by that passenger as directed by an authorised person (conduct).
Penalty:5 penalty units.
37Graffiti
A person must not, in or on any public transport vehicle or public transport premises, without appropriate written authorisation—
(a)write or draw any word, representation or character; or
(b)affix any poster.
Penalty:20 penalty units.
38Scratching or burning
A person must not scratch or burn a public transport vehicle or public transport premises.
Penalty:10 penalty units.
39Animals on public transport vehicles or premises
(1)A person must not take any animal onto or into a public transport vehicle or public transport premises.
Penalty:5 penalty units.
(2)Subregulation (1) does not apply if the animal is—
(a)a guide dog, a hearing dog or a guide dog or hearing dog in training for a person with a sight or hearing impairment; or
(b)an assistance animal; or
(c)a small animal that is placed in a suitable container; or
(d)in the case of a metropolitan train or public transport premises, a dog that is restrained by the person by a lead or harness and prevented from biting by a muzzle.
(3)A person who takes an animal onto or into a public transport vehicle or onto public transport premises must remove any matter emanating from the animal or its container from the vehicle or premises before leaving the premises or vehicle.
Penalty:5 penalty units.
(4)An authorised person (conduct) may ask a person in charge of an animal being carried in a public transport vehicle or on public transport premises to remove the animal from the vehicle or premises if, in the opinion of the authorised person (conduct), the animal is causing a disturbance or acting in a manner that poses a risk to the safety of any person.
(5)A person must remove an animal immediately after being asked to do so under subregulation (4).
Penalty:5 penalty units.
(6)In this regulation—
assistance animal has the same meaning as it has in the Disability Discrimination Act 1992 of the Commonwealth;
suitable container means a container that is designed specifically for the carriage of animals and is suitable for the animal being carried in the particular circumstances.
40Animals on seats
A person who takes an animal onto a public transport vehicle must not allow the animal or its container to occupy a seat or be placed in a way that prevents another person from using a seat.
Penalty:5 penalty units.
41Animals not to stray
A person must not allow an animal to stray or wander onto or into a public transport vehicle or onto public transport premises.
Penalty:5 penalty units.
PART 4—SEATING ON PUBLIC TRANSPORT VEHICLES
42Definition—Part 4
In this Part, reserved, in relation to a seat, means reserved on a V/Line passenger service.
43Person must vacate designated special needs seat for person with special needs
If a person who is not a person with special needs is sitting in a designated special needs seat on a public transport vehicle or on public transport premises and is requested to vacate the seat by or on behalf of a special needs person or by an authorised person (conduct) to enable a person with special needs to occupy the seat, that person must vacate the designated special needs seat.
Penalty:5 penalty units.
44Person must vacate seat for person with special needs
(1)If a person who is not a person with special needs is sitting in a seat other than a designated special needs seat on a public transport vehicle or on public transport premises and is requested to vacate the seat by or on behalf of a person with special needs or by an authorised person (conduct) to enable the person with special needs to occupy the seat, that person must vacate the seat.
Penalty:5 penalty units.
(2)This regulation—
(a)does not apply to a person who occupies a seat that is reserved;
(b)does not apply to a person with special needs who occupies any seat on a public transport vehicle or on public transport premises;
(c)applies if all designated special needs seats to which a person with special needs has reasonable access in the bus, tram, carriage of a train or premises are already occupied by persons with special needs.
45Person must vacate area designated for persons in a wheelchair
If a person who is not a person in a wheelchair is occupying an area in a public transport vehicle or on public transport premises designated for use by a person in a wheelchair, and is requested to vacate the area by or on behalf of a person in a wheelchair or by an authorised person (conduct) to enable the area to be occupied by the person in the wheelchair, that person must vacate the area.
Penalty:5 penalty units.
46Occupying unreserved seats
If a person is using a seat that is not reserved on a public transport vehicle in addition to the seat on which that person is sitting and is requested by another person to make the seat available for the other person to sit in, the person must make the seat available.
Example
An example of a person using a seat in addition to the seat on which the person is sitting is that person placing a bag on an unoccupied seat.
Penalty:5 penalty units.
47Unauthorised travel and seating
(1)A person must not, without obtaining permission from an authorised person (conduct), occupy a compartment, sleeping berth, seat or other place in a public transport vehicle contrary to—
(a)a condition determined by the Secretary under section 220D(1) of the Act; or
(b)a condition of travel specified in writing by the passenger transport company or the bus company.
Penalty:5 penalty units.
(2)An authorised person (conduct) may request a person to comply with a condition referred to in subregulation (1)(a) or (b).
(3)An authorised person (conduct) may, on reasonable grounds, request a person in a public transport vehicle to occupy a particular seat in that vehicle.
(4)A person must comply with a request made by an authorised person (conduct) under subregulation (2) or (3).
Penalty:5 penalty units.
* * * * *
PART 6—MISCELLANEOUS
65Prosecution or infringement for more than one offence
A person is not liable to be prosecuted or served with an infringement notice for an offence against regulation 25A(1) or (2) if, in relation to the same facts or circumstances, that person has been prosecuted or served with an infringement notice for an offence against section 165BN(1) of the Public Health and Wellbeing Act 2008.
66Request to leave vehicle or premises
(1)An authorised person (conduct) or a tram driver may ask a person to leave a public transport vehicle if—
(a)the public transport vehicle is fully loaded with passengers when the person enters the vehicle; or
(b)the person remains in a doorway, vestibule, corridor or gangway after being asked by an authorised person (conduct) or tram driver not to do so; or
(c)the person is behaving in a violent, noisy or offensive manner; or
(d)the person's clothing or luggage is reasonably believed by an authorised person (conduct) or tram driver to be likely to soil or damage any property of the passenger transport company, rail freight operator, Rail Track, or the bus company or the property of any other person; or
(e)the person enters, boards or attempts to enter or board or remain on board the public transport vehicle after being asked by an authorised person (conduct) or tram driver not to do so.
(2)An authorised person (conduct) may ask a person to leave public transport premises if—
(a)the person is behaving in a violent, noisy or offensive manner; or
(b)the person is reasonably believed by the authorised person (conduct) to be so affected by alcohol or other substances that the person is likely to behave in an offensive manner.
(3)An authorised person (conduct) may ask a person to leave a public transport vehicle or public transport premises if the authorised person (conduct) reasonably believes that—
(a)if the public transport vehicle is a passenger vehicle, the person has failed to comply with regulation 8(2) of the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017 in respect of travel in that passenger vehicle; or
(b)the person has failed to comply with regulation 7(2), 9(2) or 11(3) of the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017 in respect of an entry to a compulsory ticket area that is part of the public transport premises; or
(c)if the public transport vehicle is a passenger vehicle, the person has failed to comply with regulation 7(1) or 10(3) of the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017 in respect of travel in that passenger vehicle; or
(d)the person has committed an offence against the Act or these Regulations.
(4)A person who is asked to leave a public transport vehicle or public transport premises under subregulation (1), (2) or (3) must comply with the request immediately.
Penalty:10 penalty units.
* * * * *
SCHEDULE 2—PRESCRIBED EQUIPMENT
Regulation 19
Table
| Item | Equipment |
| 1. | A TTA: ACS Expert 900 Melbourne: CVM/AVM-s, also known as a myki machine (stationary). |
| 2. | A Parkeon (Wayfarer) TCON product Melbourne: Bus Driver Console BDC, also known as a Bus Driver Console. |
| 3. | A Parkeon (Wayfarer) TCON product Melbourne: Depot Card Management Console, also known as a Depot Card Management Console. |
| 4. | A Parkeon (Wayfarer) ICON Product Melbourne: Primary Tram Driver Console TDC, also known as a Tram Driver Console. |
| 5. | A Parkeon (Wayfarer) ICON Product Melbourne: Secondary Tram Driver Console TDC. |
| 6. | An ACS Product family EVD121 Melbourne: Standalone Enquiry Machine (SEM), also known as a myki check. |
| 7. | A Motorola MobileCompia (M3) MC6500S. |
| 8. | A Melbourne: Ticket Office Machine (Terminal) Fixed (TOM/TOT-F). |
| 9. | A Melbourne: Ticket Office Machine (Terminal) Mobile (TOM/TOT-M). |
| 10. | A Melbourne: Ticket Office Machine (Terminal) Smart Card Management Terminal (TOM SMT). |
| 11. | An ACS Product family EVD240 Melbourne: Fare Payment Device Mobile, including the housing for that equipment. |
| 12. | An ACS Product family EVD141 Melbourne: Fare Payment Device Stationary, including the housing for that equipment. |
| 13. | An ACS Product family EVD360 Melbourne: Fare Payment Device Mobile, including the housing for that equipment. |
| 14. | A PSION WORKABOUT PRO S Model 7527S-G2. |
| 15. | An ACS Electronic Validation Device EVD340, including the housing for that equipment. |
| 16. | An operator access card within the meaning of the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017. |
| 17. | A vehicle control unit within the meaning of the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017. |
| 18. | An ACS product family AGC100 Arcos Gate Controller, also known as a Gate Attendant Control, including the housing for that equipment. |
| 19. | An electronic gate kit, also known as an EGK. |
| 20. | An M3 Mobile M3 Orange. |
| 20A. | A ZEBRA Model TC77. |
| 21. | A Vix Product Family iVal CR6000 Fare Payment Device, including the housing for that equipment. |
| 22. | The central computer system within the meaning of the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017. |
| 23. | A ticket barrier within the meaning of the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017. |
| 24. | A Smartcard security access module within the meaning of the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017. |
| 25. | A Vix product family DC6000 Primary Tram Driver Console, also known as a TDC. |
| 26. | A Vix product family DC6000 Secondary Tram Driver Console, also known as a TDC. |
| 27. | A Vix product family DC6000 Bus Driver Console, also known as a BDC. |
| 28. | A Vix product Family iVal CP6500 Fare Payment Device, including the housing for that equipment. |
| 29. | A Vix product family PCP6100 Standalone Enquiry Machine, also known as an SEM or a myki check. |
| 30. | A Vix Gate Attendant Control, also known as a Gate Attendant Control, including the housing for that equipment. |
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015, S.R. No. 72/2015 were made on 23 June 2015 by the Governor in Council under sections 56, 249B and 256 of the Transport (Compliance and Miscellaneous) Act 1983, No. 9921/1983 and came into operation on 27 June 2015: regulation 3.
The Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015 will sunset on 22 December 2025: see Subordinate Legislation (Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015) Extension Regulations 2025, S.R. No. 57/2025.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015, S.R. No. 72/2015 (as amended by S.R. No. 49/2017)
Date of Making: 23.6.15 Date of Commencement: Reg. 64 on 27.6.15: reg. 3 Note: Reg. 64 provided that Pt 5 (regs 48–64) expired on 30.6.19
Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Amendment Regulations 2017, S.R. No. 49/2017
Date of Making: 14.6.17 Date of Commencement: Regs 6, 9, 12, 14 on 29.6.17: reg. 3(1); regs 5, 7, 8(2)(3)(5), 10, 11, 13, 15 on 1.7.17: reg. 3(2); reg. 8(1)(4) on 1.8.17: reg. 3(3)
Transport (Compliance and Miscellaneous) (Conduct on Public Transport) and (Ticketing) Amendment Regulations 2019, S.R. No. 57/2019
Date of Making: 25.6.19 Date of Commencement: Reg. 4 on 1.7.19: reg. 3
Transport (Compliance and Miscellaneous) (Conduct on Public Transport) and (Ticketing) Further Amendment Regulations 2019, S.R. No. 168/2019
Date of Making: 23.12.19 Date of Commencement: Reg. 4 on 1.1.20: reg. 3
Transport (Compliance and Miscellaneous) (Conduct on Public Transport) and (Infringements) (COVID-19 Response) Amendment Regulations 2022, S.R. No. 2/2022
Date of Making: 25.1.22 Date of Commencement: Regs 4–9 on 14.2.22: reg. 3
Transport (Compliance and Miscellaneous) (Conduct on Public Transport) and (Ticketing) Amendment (Prescribed Equipment and Processes) Regulations 2023, S.R. No. 48/2023
Date of Making: 6.6.23 Date of Commencement: Reg. 3 on 6.6.23
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] Reg. 4(1): S.R. No. 69/2005. Reprint No. 1 as at 14 July 2008. Reprinted to S.R. No. 73/2008. Subsequently amended by S.R. Nos 123/2008, 105/2011, 131/2011, 22/2012, 1/2014, 6/2014, 33/2014 and 149/2014.
[2] Reg. 4(2): S.R. No. 66/2005. Reprint No. 2 as at 17 May 2012. Reprinted to S.R. No. 22/2012. Subsequently amended by S.R. No. 64/2014.
——
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59 and for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
0
0
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