Untitled document

Transport (Ticketing) Amendment (Mykis and Other Smartcards) Regulations 2009

S.R. No. 84/2009

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provisions

3Principal Regulations

4Definitions

5Travel in a passenger vehicle

6Evidence of entitlement to rely on a concession ticket for travel

7Evidence of entitlement to rely on a concession ticket for entry
to a designated area

8Defence in relation to travel

9Defence in relation to entry to a designated area

10New regulation 20 substituted

20Additional requirements for buses etc.

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ENDNOTES

STATUTORY RULES 2009

S.R. No. 84/2009

Transport Act 1983

Transport (Ticketing) Amendment (Mykis and Other Smartcards) Regulations 2009

The Governor in Council makes the following Regulations:

Dated: 21 July 2009

Responsible Minister:

LYNNE KOSKY
Minister for Public Transport

TOBY HALLIGAN

Clerk of the Executive Council

1Objectives

The objectives of these Regulations are to amend the Transport (Ticketing) Regulations 2006 to—

(a)clarify how those Regulations will apply to and support the new smartcard ticketing system for Victoria's public transport and to clarify the operation of those Regulations in certain other respects; and

(b)revoke a redundant offence in relation to travel on a bus.

2Authorising provisions

These Regulations are made under sections 162 and 221AA of the Transport Act 1983.

3Principal Regulations

In these Regulations, the Transport (Ticketing) Regulations 2006[1] are called the Principal Regulations.

4Definitions

In regulation 5(1) of the Principal Regulations—

(a)in paragraph (b)(ii) of the definition of designated area, after "ticket validating machine" insert ", a smartcard reader";

(b)in paragraph (b)(iii) of the definition of designated area, for "or ticket barrier," substitute "smartcard reader or ticket barrier";

(c)before the definition of passenger transport company insert—

"myki means a ticket that is a smartcard capable of—

(a)recording the details of travel in a passenger vehicle or entry to a designated area for which payment has been made; and

(b)when money has been paid into an account associated with the smartcard—

(i)recording the value of that money; and

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

(iii)recording that value as so modified;

Note

smartcard is defined in section 208 of the Transport Act 1983.";

(d)after the definition of public commercial passenger vehicle insert—

"smartcard reader means a machine that is designed and intended to—

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

(b)perform related functions—

when the smartcard is scanned by the machine as part of the actions necessary for the smartcard to be made valid for travel in a passenger vehicle or entry to a designated area regardless of whether or not at any particular time the machine is in working order;";

(e)in the definition of ticket, for "issued for" substitute "issued, or which may be used, for the purpose of authorising";

(f)in the definition of ticket validating machine, after "about a ticket" insert "(other than a ticket that is a smartcard)".

5Travel in a passenger vehicle

After regulation 5(3) of the Principal Regulations insert—

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

(a)begins—

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

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

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

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

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

6Evidence of entitlement to rely on a concession ticket for travel

(1)In regulation 9(2) of the Principal Regulations, for "The" substitute "Subject to subregulation (2A), the".

(2)After regulation 9(2) of the Principal Regulations insert—

"(2A)A request must not be made under subregulation (2) if the concession ticket itself constitutes or contains evidence referred to in that subregulation.".

7Evidence of entitlement to rely on a concession ticket for entry to a designated area

(1)In regulation 10(2) of the Principal Regulations, for "The" substitute "Subject to subregulation (2A), the".

(2)After regulation 10(2) of the Principal Regulations insert—

"(2A)A request must not be made under subregulation (2) if the concession ticket itself constitutes or contains evidence referred to in that subregulation.".

8Defence in relation to travel

(1)For regulation 12(1)(a) of the Principal Regulations substitute—

"(a)before commencing the travel, took all reasonable steps that were available—

(i)to carry out a relevant action in relation to a ticket for the whole of the travel; and

(ii)to carry out any additional actions necessary for the ticket to be made valid for the whole of the travel; and".

(2)In regulation 12(1)(b)(i) of the Principal Regulations, for "to purchase a ticket" substitute "to carry out a relevant action in relation to a ticket".

(3)In regulation 12(1)(c)(i) of the Principal Regulations, for "to purchase a ticket" substitute "to carry out a relevant action in relation to a ticket".

(4)In regulation 12(2)(a) of the Principal Regulations, for "purchased a ticket" substitute "carried out a relevant action in relation to a ticket".

(5)After the example at the foot of regulation 12(2) of the Principal Regulations insert—

"(3)In this regulation, to carry out a relevant action in relation to a ticket for the whole of the travel means—

(a)in the case of a myki—

(i)to pay for travel in a passenger vehicle that consists of or includes the whole of the travel and have the details of the whole of the travel recorded on the myki; or

(ii)to have recorded on the myki sufficient value to pay for the whole of the travel; or

(iii)to—

(A)pay for travel in a passenger vehicle that consists of or includes part of the travel and have the details of that part of the travel recorded on the myki; and

(B)have recorded on the myki sufficient value to pay for the balance of the travel; or

(b)in the case of a ticket other than a myki, to purchase a ticket for the whole of the travel.

(4)Subregulations (1)(b)(ii) and (1)(c)(ii) apply in the case of a myki only if the myki has recorded on it—

(a)details of travel in a passenger vehicle for which payment has been made and which consists of or includes the whole of the travel referred to in those paragraphs; or

(b)sufficient value to pay for the whole of the travel referred to in those paragraphs; or

(c)details of travel in a passenger vehicle for which payment has been made and which consists of or includes part of the travel referred to in those paragraphs and sufficient value to pay for the balance of that travel.".

9Defence in relation to entry to a designated area

(1)For regulation 13(1)(a)(i) of the Principal Regulations substitute—

"(i)to carry out a relevant action in relation to a ticket for that entry to the designated area; and".

(2)In regulation 13(1)(b)(i) of the Principal Regulations, for "to purchase a ticket" substitute "to carry out a relevant action in relation to a ticket".

(3)In regulation 13(1)(c)(i) of the Principal Regulations, for "to purchase a ticket" substitute "to carry out a relevant action in relation to a ticket".

(4)In regulation 13(2)(a) of the Principal Regulations, for "purchased a ticket" substitute "carried out a relevant action in relation to a ticket".

(5)After the example at the foot of regulation 13(2) of the Principal Regulations insert—

"(3)In this regulation, to carry out a relevant action in relation to a ticket for that entry to the designated area means—

(a)in the case of a myki—

(i)to pay for entry to a designated area that consists of or includes that entry to the designated area and have the details of that entry recorded on the myki; or

(ii)to have recorded on the myki sufficient value to pay for the entry to the designated area; or

(b)in the case of a ticket other than a myki, to purchase a ticket for the entry to the designated area.

(4)Subregulations (1)(b)(ii) and (1)(c)(ii) apply in the case of a myki only if the myki has recorded on it—

(a)details of entry to a designated area for which payment has been made and which consists of or includes the entry to the designated area referred to in those paragraphs; or

(b)sufficient value to pay for the entry to the designated area referred to in those paragraphs.".

10New regulation 20 substituted

For regulation 20 of the Principal Regulations substitute—

"20   Additional requirements for buses etc.

(1)A person who—

(a)boards a bus or public commercial passenger vehicle for travel in respect of which a ticket is required; and

(b)requests from the driver a concession ticket for that travel—

must, at the same time as requesting the ticket, show the driver evidence of the person's entitlement to rely on the concession ticket for that travel.

Penalty:5 penalty units.

(2)Subregulation (1) does not apply unless a sign stating that evidence of a person's entitlement to rely on a concession ticket must be shown to the driver when such a ticket is requested from the driver is placed in the bus or public commercial passenger vehicle so that it is clearly visible by a person who requests a ticket from the driver.".

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ENDNOTES

[1] Reg. 3: S.R. No. 86/2006.