Untitled document

Transport (Conduct) (Amendment) Regulations 2008

S.R. No. 73/2008

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Authorised person (conduct)

6New regulation 20 substituted

20Dogs and other animals on vehicles or rail premises

7Regulation 23 revoked

8New regulation 24A inserted

24ASmoking

9New regulations 27A and 27B inserted

27AScratching or burning

27BFeet on furniture

10New regulation 31 substituted

31Protruding part of body or object

11New regulation 34A inserted

34AVehicle in motion

12Driving or riding a vehicle on rail premises

13Crossing railway tracks by pedestrians

14New regulation 41 substituted

41Entering a pit between platforms and entering onto railway or designated tramway tracks

15New regulation 43 inserted

43Stopping or standing on crossings between boom
gates

16Part 8 revoked

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ENDNOTES

STATUTORY RULES 2008

S.R. No. 73/2008

Transport Act 1983

Transport (Conduct) (Amendment) Regulations 2008

The Administrator of the State of Victoria as the Governor's deputy with the advice of the Executive Council, makes the following Regulations:

Dated: 24 June 2008

Responsible Minister:

LYNNE KOSKY
Minister for Public Transport

RYAN HEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Transport (Conduct) Regulations 2005 to—

(a)ban smoking in, on or around public transport and places where passengers wait for public transport;

(b)regulate the conduct of persons and vehicles on or in relation to public transport where that conduct may affect safety;

(c)prohibit certain other conduct; and

(d)remove the 3 year expiry date.

2Authorising provisions

These Regulations are made under sections 56, 162, 249B and 256 of the Transport Act1983.

3Commencement

These Regulations come into operation on 29 June 2008.

4Principal Regulations

In these Regulations the Transport (Conduct) Regulations 2005[1] are called the Principal Regulations.

5Authorised person (conduct)

In regulation 3(1) of the Principal Regulations, for the definition of authorised person (conduct) substitute—

"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;".

6New regulation 20 substituted

For regulation 20 of the Principal Regulations substitute—

"20   Dogs and other animals on vehicles or rail premises

(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 220D of 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.".

7Regulation 23 revoked

Regulation 23 of the Principal Regulations is revoked.

8New regulation 24A inserted

After regulation 24 of the Principal Regulations insert—

"24A   Smoking

(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 stop shelter, 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 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;

occupier means—

(a)in relation to a tram stop shelter or bus stop shelter, the infrastructure manager (as defined in section 3(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 place where passengers wait to catch a tram that—

(a)is covered by a shelter or other structure; and

(b)is public transport property.".

9New regulations 27A and 27B inserted

After regulation 27 of the Principal Regulations insert—

"27A   Scratching or burning

A person must not scratch or burn a rail vehicle or road vehicle or rail premises.

Penalty:10 penalty units.

27BFeet on furniture

(1)A person must not, without reasonable excuse, place his or her feet on any part of a road vehicle or rail vehicle other than—

(a)the floor; or

(b)a part of 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 other than furniture or a part of furniture specifically designed for the placing of feet.

Penalty:5 penalty units.".

10New regulation 31 substituted

For regulation 31 of the Principal Regulations substitute—

"31   Protruding part of body or object

A person in a rail vehicle or road vehicle that is in motion must not protrude or cause to protrude, from a door or window of the vehicle any part of the following—

(a)the person's body;

(b)another person's body;

(c)an object.

Penalty:5 penalty units.".

11New regulation 34A inserted

After regulation 34 of the Principal Regulations insert—

"34A   Vehicle in motion

(1)A person must not, without reasonable excuse, enter or leave, or attempt to enter or leave a road vehicle or rail vehicle while the vehicle is in motion.

Penalty:10 penalty units.

(2)A person must not, without reasonable excuse, step, stand, sit, kneel or lie on or hold onto an exterior part of a rail vehicle while the vehicle is in motion.

Penalty:10 penalty units.

(3)A person must not, without reasonable excuse, enter onto a part of a rail vehicle not designed for the purpose of carriage while the vehicle is in motion.

Penalty:10 penalty units.".

12Driving or riding a vehicle on rail premises

(1)For regulation 36(2) of the Principal Regulations, substitute—

"(2)A person who drives or rides a vehicle on rail premises must obey all traffic control devices and parking control signs displayed on the premises.

Penalty:10 penalty units.

Example

A no parking sign, or a permissive parking sign.".

(2)For regulation 36(5) of the Principal Regulations, substitute—

"(5)   A person who drives or rides a vehicle on rail premises must comply with any direction (whether given orally, in writing, by signage or otherwise) about driving, riding or parking of vehicles from an authorised person (conduct).

Penalty:10 penalty units.

Example

An oral or written direction to a person not to park or stop, or to park only in defined bays.".

(3)For regulation 36(6) of the Principal Regulations, substitute—

"(6)In this regulation—

park includes stopping and allowing a vehicle to stay (whether or not the driver leaves the vehicle);

parking control sign has the same meaning as in the Road Rules;

Road Rules has the same meaning as in the Road Safety (Road Rules) Regulations 1999;

traffic control device has the same meaning as in the Road Rules.".

13Crossing railway tracks by pedestrians

(1)After regulation 39(a) of the Principal Regulations insert—

"(ab)when warning signals or devices are operating at the pedestrian crossing or at an adjacent vehicle crossing; or".

(2)At the end of regulation 39 of the Principal Regulations insert—

"(2)A pedestrian must not cross railway tracks other than at a place provided as a crossing place unless directed to do so by an authorised person (conduct).

Penalty:5 penalty units.

(3)A pedestrian must not attempt to cross railway tracks other than at a place provided as a crossing place unless directed to do so by an authorised person (conduct).

Penalty:5 penalty units.".

14New regulation 41 substituted

For regulation 41 of the Principal Regulations substitute—

"41   Entering a pit between platforms and entering onto railway or designated tramway tracks

(1)A person must not, without the permission of an authorised person (conduct), enter a place between two platforms where there is a railway or tramway track other than at a place provided for crossing by pedestrians.

Penalty:15 penalty units.

(2)A person must not, without the permission of an authorised person (conduct), descend from a platform onto a railway or designated tramway track other than at a place provided for crossing by pedestrians.

Penalty:15 penalty units.

(3)A person must not, without the permission of an authorised person (conduct) enter onto a railway or designated tramway track other than at a place provided for crossing by pedestrians.

Penalty:15 penalty units.".

15New regulation 43 inserted

After regulation 42 of the Principal Regulations insert—

"43   Stopping or standing on crossings between boom gates

(1)A person who drives or rides a vehicle must not stop the vehicle on a level crossing between boom gates.

Penalty:5 penalty units.

(2)A pedestrian must not stand on a level crossing between boom gates or walk through an area between boom gates—

(a)when the boom gates are closed; or

(b)when directed not to do so by an authorised person (conduct).

Penalty:5 penalty units.".

16Part 8 revoked

Part 8 of the Principal Regulations is revoked.

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ENDNOTES

[1] Reg. 4: S.R. No. 69/2005 as amended by S.R. Nos 144/2005, 86/2006 and 139/2006.