Victorian Consolidated Regulations

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TRANSPORT (COMPLIANCE AND MISCELLANEOUS) (CONDUCT ON PUBLIC TRANSPORT) REGULATIONS 2015 - REG 5

Definitions

    (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;

Reg. 5(1) def. of authorised person (conduct) amended by S.R. Nos 57/2019 reg. 4, 168/2019 reg. 4(a).

"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 ;

Reg. 5(1) def. of bus stop shelter inserted by S.R. No. 2/2022 reg. 5(a).

"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;

Reg. 5(1)
def. of compulsory ticket area inserted by S.R. No. 49/2017 reg. 5(a).

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

Reg. 5(1)
def. of designated area
revoked by S.R. No. 49/2017 reg. 5(b).

    *     *     *     *     *

Reg. 5(1) def. of designated park and ride facility revoked by S.R. No. 2/2022 reg. 5(c).

    *     *     *     *     *

"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;

Reg. 5(1) def. of exempt vehicle revoked by S.R. No. 2/2022 reg. 5(c).

    *     *     *     *     *

Reg. 5(1) def. of face covering inserted by S.R. No. 2/2022 reg. 5(a).

"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.

15-72sr00800.jpg

    Diagram 1:     Level crossing sign

15-72sr00801.jpg

    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 ;

Reg. 5(1) def. of pandemic order inserted by S.R. No. 2/2022 reg. 5(a).

"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;

Reg. 5(1)
def. of passenger vehicle substituted by S.R. No. 49/2017 reg. 5(c)

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

"pedestrian" includes—

        (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 ;

Reg. 5(1) def. of public transport parking area revoked by S.R. No. 2/2022 reg. 5(c).

    *     *     *     *     *

"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;

Reg. 5(1) def. of railway premises amended by S.R. No. 168/2019 reg. 4(b).

"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;

"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;

Reg. 5(1) def. of Road Rules amended by S.R. No. 2/2022 reg. 5(b).

"Road Rules" means the Road Safety Road Rules 2017 ;

"stop "has the same meaning as in Part 12 of the Road Rules;

"the Act" means the Transport (Compliance and Miscellaneous) Act 1983 ;

Reg. 5(1)
def. of ticket substituted by S.R. No. 49/2017 reg. 5(d).

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

Reg. 5(1) def. of tow truck revoked by S.R. No. 2/2022 reg. 5(c).

    *     *     *     *     *

"train "includes 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;

Reg. 5(1) def. of tram stop shelter inserted by S.R. No. 2/2022 reg. 5(a).

"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;

Reg. 5(1) def. of valid ticket substituted by S.R. No. 49/2017 reg. 5(e).

"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;

"vehicle" means 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.



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