Untitled document

Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Amendment Regulations 2017

S.R. No. 49/2017

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6Carriage of bicycles

7Unauthorised entering and leaving vehicles and premises

8Smoking on public transport vehicles or premises

9Graffiti

10Exception—using public transport without valid ticket but taking all reasonable steps—regulation 54

11Exception—using public transport without valid ticket but taking all reasonable steps—regulation 61

12Parking at designated park and ride facilities

13Request to leave vehicle or premises

14Designated park and ride facilities

15Prescribed equipment

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Endnotes

STATUTORY RULES 2017

S.R. No. 49/2017

Transport (Compliance and Miscellaneous) Act 1983

Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Amendment Regulations 2017

The Governor in Council makes the following Regulations:

Dated: 14 June 2017

Responsible Minister:

JACINTA ALLAN
Minister for Public Transport

ANDREW ROBINSON

Clerk of the Executive Council

1Objectives

The objectives of these Regulations are to amend the Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015—

(a)to prohibit the use of e-cigarettes on public transport vehicles and premises; and

(b)to extend the operation of Part 5 of those Regulations, which would otherwise expire on 30 June 2017, and prescribe new designated park and ride facilities; and

(c)to make consequential changes to those Regulations to reflect changes made to the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017; and

(d)to make other minor amendments to improve the operation of the Regulations.

2Authorising provision

These Regulations are made under sections 56, 215, 221AA, 230AH, 249B and 256 of the Transport (Compliance and Miscellaneous) Act 1983.

3Commencement

(1)Subject to subregulations (2) and (3), these Regulations come into operation on 29 June 2017.

(2)Regulations 5, 7, 8(2), (3) and (5), 10, 11, 13 and 15 come into operation on 1 July 2017.

(3)Regulation 8(1) and (4) come into operation on 1 August 2017.

4Principal Regulations

In these Regulations, the Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015[1] are called the Principal Regulations.

5Definitions

In regulation 5 of the Principal Regulations—

(a)insert the following definition—

"compulsory ticket area has the same meaning as in the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017;";

(b)omit the definition of designated area;

(c)for the definition of passenger vehicle substitute—

"passenger vehicle has the same meaning as in the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017;";

(d)for the definition of ticket substitute—

"ticket has the same meaning as in the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017;";

(e)for the definition of valid ticket substitute—

"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;".

6Carriage of bicycles

For regulation 11(5) of the Principal Regulations substitute—

"(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.".

7Unauthorised entering and leaving vehicles and premises

In regulation 14(3) and (4) of the Principal Regulations, for "designated area" substitute "compulsory ticket area".

8Smoking on public transport vehicles or premises

(1)In regulation 32(1) of the Principal Regulations, for "smoke tobacco or any other substance" substitute "smoke".

(2)In regulation 32(1)(d) of the Principal Regulations, for "designated area" substitute "compulsory ticket area".

(3)In regulation 32(3) of the Principal Regulations—

(a)for "designated areas other than train platforms and tram stop platforms" substitute "compulsory ticket areas other than train platforms, tram stop platforms";

(b)in paragraphs (a) and (b), for "designated area" substitute "compulsory ticket area".

(4)In regulation 32(4) of the Principal Regulations insert the following definitions—

"e-cigarette has the same meaning as in the Tobacco Act 1987;

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;".

(5)In regulation 32(4) of the Principal Regulations, in paragraph (b) of the definition of occupier, for "designated area" substitute "compulsory ticket area".

9Graffiti

For regulation 37 of the Principal Regulations substitute—

"37   Graffiti

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.".

10Exception—using public transport without valid ticket but taking all reasonable steps—regulation 54

In regulation 54(1) of the Principal Regulations—

(a)for "12 and 14 of the Transport (Ticketing) Regulations 2006" substitute "13, 15

and 16 of the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017"; and

(b)in paragraph (a), for "6(1) or 7(2) of the Transport (Ticketing) Regulations 2006" substitute "7(1) or 8(2) of the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017".

11Exception—using public transport without valid ticket but taking all reasonable steps—regulation 61

In regulation 61(1) of the Principal Regulations—

(a)for "12 and 14 of the Transport (Ticketing) Regulations 2006" substitute "13, 15

and 16 of the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017"; and

(b)in paragraph (a), for "6(1) or 7(2) of the Transport (Ticketing) Regulations 2006" substitute "7(1) or 8(2) of the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017".

12Parking at designated park and ride facilities

In regulation 64 of the Principal Regulations, for "30 June 2017" substitute "30 June 2019".

13Request to leave vehicle or premises

For regulation 66(3) of the Principal Regulations substitute—

"(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.".

14Designated park and ride facilities

For Schedule 1 to the Principal Regulations substitute—

"Schedule 1—Designated park and ride facilities

Regulation 5(1)

1.Box Hill Railway Station.

2.Camberwell Railway Station.

3.Heidelberg Railway Station.

4.Geelong Railway Station.".

15Prescribed equipment

In items 16, 17, 22, 23 and 24 of Schedule 2 to the Principal Regulations, for "Transport (Ticketing) Regulations 2006" substitute "Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017".

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Endnotes

[1] Reg. 4: S.R. No. 72/2015.