Transport (Public Transport Corporation) (Amendment) Regulations 1998 (Vic)

Transport (Public Transport Corporation)

(Amendment) Regulations 1998

S.R. No. 171/1998

TABLE OF PROVISIONS

Regulation Page

1.	Objectives	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Regulations	1
5.	Change of name, objective and authorising provisions of
Principal Regulations	2
6.	Definitions	2
7.	Ticket conditions	5

201. Ticket conditions 5

8.	Amendment of Public Transport Corporation references	5
9.	New regulation 310 substituted	8

310. No dangerous goods on vehicles or premises 8

10.      Further amendment of Public Transport Corporation references

and revocation of obsolete regulations 8

11.      Consequential amendment of Transport (Infringements)

Regulations 1990 12

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NOTES 13

i

STATUTORY RULES 1998

S.R. No. 171/1998

Transport Act 1983

Transport (Public Transport Corporation)

(Amendment) Regulations 1998

The Governor in Council makes the following Regulations:
Dated: 15 December 1998

Responsible Minister:

ROBIN COOPER

Minister for Transport

SHARNE BRYAN

Clerk of the Executive Council

1. Objectives

The objectives of these Regulations are to amend and change the name of the Transport (Public Transport Corporation) Regulations 1994 as a consequence of the reorganisation of passenger and rail freight services.

2. Authorising provisions

These Regulations are made under sections 56,

249B and 256 of the Transport Act 1983.

3. Commencement

These Regulations come into operation on

1 January 1999.

4. Principal Regulations

Transport (Public Transport Corporation) (Amendment)

Regulations 1998 S.R. No. 171/1998

In these Regulations the Transport (Public
Transport Corporation) Regulations 19941 are
called the Principal Regulations.

5.  Change of name, objective and authorising provisions of Principal Regulations

(1) In the title of the Principal Regulations for

"Public Transport Corporation" substitute

"Passengers and Rail Freight".

(2) In regulation 101 of the Principal Regulations for

"the public transport system of the Public
Transport Corporation" substitute "the passenger
services of passenger transport companies, the rail
freight services of rail freight operators and the

operations of Rail Track,".

(3) In regulation 102 of the Principal Regulations for

"section 56" substitute "sections 56, 249B and

256".

(4) Regulation 103 of the Principal Regulations is

revoked.

6. Definitions

In regulation 104 of the Principal Regulations—

(a) insert the following definitions—
' "rail premises" means any land, building,

premises or structure owned, occupied

or leased by—

(a)	a passenger transport company in connection with its capacity as a provider of a passenger service; or
(b)	a rail freight operator in connection with its capacity as a

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provider of a rail freight service;

or

(c) Rail Track;

"railway track" means a railway track used

by a passenger transport company or
rail freight operator to operate a railway
for the carriage of passengers or

freight;';

(b)

for the definition of "authorised person" ' "authorised person" means—

(a)	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 or rail vehicle
operated by the passenger transport company; or

(b) a member of the police force; or

(c) writing by a passenger transport
company, a rail freight operator,

any other person appointed in purpose of these Regulations;';

(c)

for the definition of "designated area" ' "designated area" means an area within

rail premises designated by the relevant passenger transport company by means of signs in or near the area as an area

for being on which a ticket is required;';

(d) for the definition of "rail vehicle" substitute—

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' "rail vehicle" means a vehicle that

operates on or uses a railway track for
the carriage of passengers or freight
and includes a train, carriage and

wagon;';

(e)

for the definition of "road vehicle" ' "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 and light rail vehicle
that operates on or uses a tramway

track;';

(f)

for the definition of "travel concession card" ' "travel concession card" means a non-

transferable card—

(a)	issued by a State or Commonwealth government department or a passenger transport company; and
(b)	accepted by a passenger transport company as entitling the holder to travel on rail or road vehicles at

concessional rates fixed by that passenger transport company;';

(g) the definitions of "Corporation",
"Corporation's premises" and "empties" are
revoked.

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7. Ticket conditions

For regulation 201 of the Principal Regulations substitute—

"201. Ticket conditions

(1) A ticket issued by or on behalf of a

passenger transport company is issued
subject to any alteration that the company
may make to the service to which the ticket
relates during the currency of the ticket,

including an alteration as to—

(a)	the mode of transport used to carry passengers;
(b)	the cancellation, wholly or in part, of the service;
(c)	the point at which passengers will be picked up or set down.

(2) The holder of a periodical ticket may be

required to pay the ordinary fare payable for
a journey on a rail or road vehicle or for
entry to a designated area, if the holder
cannot produce the periodical ticket to an
authorised person on request.

(3) A ticket issued by or on behalf of a

passenger transport company remains the

property of the company at all times.".

8. Amendment of Public Transport Corporation
references

(1) In the Principal Regulations—

(a) in regulation 208—

(i)  after "vehicle" insert "operated by a passenger transport company";

(ii)  for "the Corporation" substitute "that passenger transport company";

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(b) Corporation" substitute "a passenger

in regulation 209 for "the Corporation, the company";

(c)	in regulation 211 for "the Corporation's premises" substitute "any rail premises";
(d)	in regulation 213 omit "or to defraud the Corporation,".

(2) In regulation 301—

(a)

in sub-regulations (1) and (2)(a) for "the premises";

(b) in sub-regulation (2)(b)—

(i)	for "the Corporation's premises" substitute "any rail premises";
(ii)	after "animal" (where first occurring) insert "(other than a dog)";
(c)	in sub-regulation (2)(c) for "the Corporation's premises" substitute "any rail premises";
(d)	in sub-regulation (2) for paragraph (d) substitute—

"(d) convey or attempt to convey any animal

in a rail or road vehicle, except in a

compartment set aside for its carriage.";

(e)

in sub-regulation (3) for "the Corporation's substitute "rail premises";

(f) in sub-regulation (4)—
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(i) for "the Corporation's premises"
substitute "rail premises";

(ii)  for "the Corporation" (where twice occurring) substitute "a passenger transport company, a rail freight

operator or Rail Track";

(g)	in sub-regulation (7)(d) for "the Corporation" substitute "the relevant passenger transport company or rail freight operator";
(h)

in sub-regulation (8) for "the Corporation" rail freight operator or Rail Track".

(3) In the Principal Regulations—

(a) (where twice occurring) substitute "by a
passenger transport company in connection

in regulation 302 for "by the Corporation" operator in connection with its rail freight service or by Rail Track";

(b)	in regulation 305(c) for "the Corporation's premises" substitute "any rail premises";
(c)	in regulation 305 for paragraph (d) substitute—

"(d) close or interfere with any gate or door

on any rail premises that has been
unlocked or opened by an authorised
person or an employee of a passenger
transport company, a rail freight

operator or Rail Track; or";

(d)	in regulation 308(1)(c) for "police officer or Corporation employee" substitute "member of the police force or an employee of a
passenger transport company, a rail freight operator or Rail Track";

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(e)

in regulation 309(1)(a) and 309(2)(c) for "the premises".

9. New regulation 310 substituted

For regulation 310 of the Principal Regulations substitute—

"310. No dangerous goods on vehicles or

premises

(1) A person must not take into or onto, or

attempt to take into or onto, any rail or road
vehicle any explosives or inflammable liquid
or anything that may project beyond the rail
or road vehicle.

Penalty: 15 penalty units.

(2) A person must not take into or onto, or

attempt to take into or onto, any rail
premises any explosives or inflammable
liquid.

Penalty: 15 penalty units.

(3) A person must not take into or onto, or

attempt to take into or onto, any rail or road
vehicle or rail premises anything that an
employee of a passenger transport company,
a rail freight operator or Rail Track has told
the person is liable to cause injury to, or to
endanger, any person or to damage the rail or
road vehicle or any property in or on the rail
or road vehicle or rail premises.
Penalty: 15 penalty units.".

10.  Further amendment of Public Transport Corporation references and revocation of obsolete regulations

Transport (Public Transport Corporation) (Amendment)

Regulations 1998 S.R. No. 171/1998

(1) In the Principal Regulations—

(a)

in regulation 311 for "the Corporation" or rail freight operator";

(b) in regulation 312—

(i)	for "the Corporation's premises" (wherever occurring) substitute "any rail premises";
(ii)	substitute "a passenger transport

in paragraph (a) for "the Corporation" Track";

(c) regulations 313 and 314 are revoked;

(d) in regulations 315 and 316 for "the Corporation's premises" (wherever occurring) substitute "any rail premises";

(e) in regulation 317—

(i) for "the Corporation's premises"
substitute "any rail premises";

(ii)  for "the Corporation" substitute "a passenger transport company, a rail freight operator or Rail Track";

(f) in regulation 319 for "the Corporation's premises" substitute "any rail premises";

(g) in regulation 320—

(i) for "the Corporation's premises"
substitute "any rail premises";

(ii)  for "the Corporation" substitute "a passenger transport company, a rail freight operator or Rail Track";

(h) in regulation 321 for "the Corporation's premises" substitute "any rail premises".

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(2) In regulation 322 of the Principal Regulations—

(a) in sub-regulation (1)—

(i) substitute "a passenger transport

in paragraph (c) for "the Corporation" Track";

(ii) for "Corporation" (where secondly
occurring) substitute "relevant
passenger transport company or rail
freight operator or Rail Track";

(b) in sub-regulation (2)—

(i) substitute "a passenger transport

in paragraph (c) for "the Corporation" Track";

(ii)	for "Corporation" (where secondly occurring) substitute "relevant passenger transport company or rail freight operator or Rail Track";
(c)

in sub-regulation (3) for "the Corporation" rail freight operator or Rail Track".

(3) In regulation 322 of the Principal Regulations for

sub-regulation (5) substitute—

"(5) In addition to this fee, a passenger transport company, a rail freight operator or Rail Schedule 1 if, in its opinion, the presence of one or more of its employees or agents is necessary in the interests of safety when the vehicle, machine, trailer or contrivance crosses the railway track or tramway track.".

(4) In the Principal Regulations—

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(a) employee" substitute "an employee of a

in regulation 323(c) for "a Corporation operator or Rail Track";

(b) in regulation 324(1)—

(i)	for "the Corporation's premises" substitute "rail premises";
(ii)	in paragraph (d) for "Corporation" substitute "passenger transport company, rail freight operator or Rail Track";

(c) in regulation 325—

(i)	for "the Corporation's premises" substitute "any rail premises";
(ii)	for "Corporation" substitute "relevant passenger transport company or rail freight operator or Rail Track";
(d)	in regulation 326 for "the Corporation's premises" substitute "any rail premises";

(e) regulation 328 is revoked;

(f) Part 4 is revoked;

(g) in the Schedule—

(i) Attendance of Corporation Officers or
Agents (regardless of the number of
Officers or Agents attending)"
substitute "Charges for the attendance
of passenger transport company, rail
freight operator or Rail Track
employees or agents for the purposes of

in clause 1 for "Charges for the number of employees or agents)—";

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(ii) used by the Corporation Officers or
Agents at Crossing Site" substitute
"Charges for vehicles used by
passenger transport company, rail

in clause 2 for "Charges for Vehicles employees or agents in attendance".

11. Consequential amendment of Transport
(Infringements) Regulations 1990

In regulation 201 of the Transport (Infringements)
Regulations 19902, in the definition of "PTCR"
for "Public Transport Corporation" substitute

"Passengers and Rail Freight".

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Transport (Public Transport Corporation) (Amendment)

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NOTES

1 Reg. 4: S.R. No. 90/1994.

2 Reg. 11: S.R. No. 197/1990. Reprint No. 2 as at 9 October 1997. Further

amended by S.R. No. 86/1998.