Part 1 Preliminary

1   Name of Regulation

This Regulation is the Rail Safety Regulation 1999.

2   Commencement

This Regulation commences on 1 September 1999.

3   (Repealed)

4   Definitions

(1)  In this Regulation:

accredited operator, in relation to a railway, means a person who is accredited under Part 2 of the Act as an operator for the railway.

accredited owner, in relation to a railway, means a person who is accredited under Part 2 of the Act as an owner for the railway.

assistance animal means an animal referred to in section 9 (Disability discrimination—guide dogs, hearing assistance dogs and trained animals) of the Disability Discrimination Act 1992 of the Commonwealth.

concession ticket means a ticket issued free or at a reduced fare.

disability has the same meaning as it has in the Disability Discrimination Act 1992 of the Commonwealth.

drive includes ride or draw (in relation to a vehicle) and ride or lead (in relation to an animal).

hold, in relation to a ticket or reservation, means be able to produce the ticket or reservation on request.

light rail stop means any place designated for the picking up or setting down of passengers on a route declared, under section 104N (2) of the Transport Administration Act 1988, to be the route of a light rail system.

light rail system has the same meaning as in section 104N of the Transport Administration Act 1988.

monorail works means any station, platform, monorail running line or supporting column associated with a monorail transport system.

railway land means:

(a)  land vested in, or under the control of, an accredited owner or operator for a railway and used in connection with the railway (other than land of which the accredited owner or operator is the lessor), and

(b)  land over which a light rail system operates (whether by way of easements or otherwise).

restricted area of a station means the platform and all other parts of the station between the platform and the ticket barrier.

station means:

(a)  a monorail station (whether or not on railway land), and

(b)  any other station on railway land,

      and includes any place (other than a light rail stop) designated for the picking up and setting down of passengers on a railway.

the Act means the Rail Safety Act 1993.

ticket includes a pass or other thing issued to a person, by or on behalf of the accredited operator for a railway, for the purpose of authorising the person to travel on a train on the railway.

train has the same meaning as in section 79A of the Act.

valid ticket means a ticket that meets the requirements for validity set out in clause 6.

vehicle includes a bicycle.

Note. Section 5 of the Rail Safety Act 1993 defines the infrastructure of a railway as “those facilities that are necessary to enable a railway to operate safely”. The section provides that the infrastructure includes, but is not limited to, railway track, associated track structures, over track structures, tunnels, bridges, stations, platforms, signalling systems, train control systems, communication systems, overhead electrical power supply systems, buildings, workshops and associated plant, machinery and equipment.

(2)  The class of trains operated by an accredited operator for a railway is prescribed for the purposes of the definition of train in section 79A of the Act.

5   Notes

The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.

Part 2 Tickets

6   Validity of tickets

(1)  A ticket is valid for travel only:

(a)  between the stations or light rail stops (or within the zone or area) specified on it, and

(b)  on the issue date specified on it (or, if an expiry date or time is specified, until and including that date or until that time), and

(c)  between the times (if any) specified on it, and

(d)  in the case of a single or return ticket—if the ticket has not previously been used to authorise the travel concerned, and

(e)  in the case of a ticket showing the name of the person to whom it was issued—by that person.

(2)  A ticket transferred in contravention of clause 7 is not a valid ticket.

(3)  A ticket is not valid unless:

(a)  the number of the ticket, and

(b)  the issue date or the expiry date (or both) of the ticket, and

(c)  the names of stations or light rail stops between which (or the zone or area within which) the ticket authorises travel, and

(d)  the name (if shown) of the person to whom the ticket was issued,

      are legible on the ticket, and the ticket is not defaced, mutilated or altered.

(4)  However, an illegible, defaced, mutilated or altered ticket is valid if the illegibility, defacing, mutilation or alteration occurred as the result of the ordinary use of the ticket.

7   Tickets not transferable

(1)  A person who is issued with a ticket must not transfer (or offer to transfer) the ticket, or a portion of the ticket, to another person.

Maximum penalty: 5 penalty units.

(2)  This clause does not apply if:

(a)  the ticket was bought on behalf of that other person, or

(b)  the transfer is authorised by an accredited operator for the railway to which the ticket relates.

8   Valid ticket required for travel

(1)  A person must not, without reasonable excuse, travel on a train without holding a valid ticket for the travel concerned.

Maximum penalty: 5 penalty units.

(2)  Subclause (1) does not apply to a person who is travelling with another person who holds a valid ticket or tickets authorising, for both persons, the travel concerned.

Note. Clause 4 (1) defines hold, in relation to a ticket, as meaning “be able to produce the ticket on request”.

(3)  It is not a defence to a prosecution under this clause for a person to prove:

(a)  that the time taken or likely to have been taken in obtaining a valid ticket before travelling on the train would or may have caused the person to have been unable to so travel, or

(b)  that the person intended to obtain a valid ticket while travelling or on arriving at a particular place.

(4)  However, it is a defence to such a prosecution if the person proves:

(a)  that it appeared to the person, after reasonable investigation, that no facilities were available at the station or stop at which the person got on the train to enable the person to obtain a valid ticket before getting on the train, or

(b)  that the person:

(i)  had arrived at that station or stop within such period of time before getting on the train as would, in the circumstances ordinarily existing at that time of the day and on that day of the week, have enabled the person to have obtained a valid ticket before getting on the train, and

(ii)  diligently took all reasonable steps necessary to obtain a valid ticket, but that the person was unable, due to circumstances beyond his or her control, to obtain a valid ticket.

(5)  A person is not liable to be punished under both this clause and section 79A of the Act in respect of the same travel.

9   Concession tickets

(1)  A person must not travel on a train on the authority of a concession ticket unless the person is, by reason of his or her age, occupation or status, entitled to the concession ticket.

Maximum penalty: 5 penalty units.

(2)  An authorised officer may require a person:

(a)  who is travelling on a train on the authority of a concession ticket, or

(b)  who makes a concession ticket available for inspection under clause 10, or

(c)  who offers a concession ticket for collection or processing under clause 11 or 12,

      to produce to the authorised officer evidence (for example, the person’s pensioner or student concession card) that the person is entitled to the concession ticket.

(3)  A person must comply with a requirement made under subclause (2).

Maximum penalty: 5 penalty units.

(4)  A person must not:

(a)  in or in connection with an application for a concession ticket, or

(b)  in purported compliance with a requirement made under this clause,

      knowingly give any information or tender any document that contains a false or misleading particular with respect to the age, occupation or status of the person to whom the application or direction relates.

Maximum penalty: 5 penalty units.

10   Inspection of tickets

A person who is on a train or a platform must make his or her ticket available for inspection or processing by an authorised officer on that officer’s request. In the case of a return ticket, this requirement extends to making the return portion of the ticket available on the forward journey, if an authorised officer so requests.

Maximum penalty: 5 penalty units.

11   Entry to restricted area of station

(1)  A person must not, without reasonable excuse, enter the restricted area of a station (otherwise than by getting off a train) without offering the person’s ticket for processing in accordance with this clause.

Maximum penalty: 5 penalty units.

(2)  For the purposes of this clause, a person offers a ticket for processing:

(a)  by putting it into an automatic gate or other equipment provided to read or record any details on the ticket, or

(b)  by showing the ticket to an authorised officer on that officer’s request.

(3)  A person must offer his or her ticket for processing in the manner specified in subclause (2) (a), unless:

(a)  the person’s ticket is not designed for insertion in automatic equipment, or

(b)  the station concerned is not supplied with automatic equipment, or

(c)  the person has a reasonable excuse for not using the automatic equipment (for example, the equipment is not operating or the person is accompanied by luggage that would make use of the equipment difficult).

12   Leaving restricted area of station

(1)  A person must not, without reasonable excuse, leave the restricted area of a station (otherwise than by getting on a train) without offering the person’s ticket for collection or processing in accordance with this clause.

Maximum penalty: 5 penalty units.

(2)  For the purposes of this clause, a person offers a ticket for collection or processing:

(a)  by putting it into an automatic gate or other equipment provided to accept the ticket (or part of the ticket) or to read or record any details on the ticket, or

(b)  by giving (or, in the case of a ticket of continuing validity, showing) the ticket to an authorised officer on that officer’s request.

(3)  A person must offer his or her ticket for collection or processing in the manner specified in subclause (2) (a), unless:

(a)  the person’s ticket is not designed for insertion in automatic equipment, or

(b)  the station concerned is not supplied with automatic equipment, or

(c)  the person has a reasonable excuse for not using the automatic equipment (for example, the equipment is not operating or the person is accompanied by luggage that would make use of the equipment difficult).

Part 3 Conduct on trains and railway land

13   Conduct generally

A person must not on any train, on any railway land or on any part of the monorail works wilfully:

(a)  use offensive language, or

(b)  behave offensively, or

(c)  put his or her feet on seats, or

(d)  spit.

Maximum penalty: 5 penalty units.

14   Luggage and soiled clothing

(1)  If, in the opinion of an authorised officer, a person’s clothing or luggage (or any other thing that the person has, or appears to intend to take, on a train):

(a)  may soil or damage the train or the clothing or luggage of other passengers, or

(b)  has such dimensions that it cannot be accommodated in the train without inconvenience to other passengers,

      the authorised officer may direct the person to leave, or not to enter, the train.

(2)  A person must comply with a direction given under subclause (1).

Maximum penalty: 5 penalty units.

15   Smoking generally prohibited

(1)  A person must not smoke on any train or on any part of railway land or any part of the monorail works that is roofed or otherwise covered.

Maximum penalty: 5 penalty units.

(2)  This clause does not apply to a part of a train, railway land or monorail works in or on which smoking is permitted by the display of signs.

(3)  In this clause, smoke includes be in possession of a lighted cigarette, cigar, pipe or similar article.

16   Eating and drinking on trains

(1)  A person must not eat or drink on any train in which eating and drinking is prohibited by signs displayed in the train, except with the permission of an authorised officer.

Maximum penalty: 5 penalty units.

(2)  This clause does not apply to a person who is eating or drinking on a train for medical reasons.

17   Drinking of alcohol generally prohibited

(1)  A person must not drink any intoxicating liquor on any train, any railway land or any part of the monorail works.

Maximum penalty: 5 penalty units.

(2)  This clause does not apply if the liquor that is drunk was supplied on the train, railway land or monorail works concerned by, or with the permission of, the accredited operator or the accredited owner for the railway.

(3)  In this clause, drink includes be in possession of an opened container of intoxicating liquor.

18   Passengers who are intoxicated

(1)  If, in the opinion of an authorised officer, a person on a station or a train, or at a light rail stop:

(a)  is under the influence of intoxicating liquor or another drug, and

(b)  is causing, or is likely to cause, a nuisance or annoyance to other persons on the station or train or at the light rail stop,

      the authorised officer may direct the person to leave the station, train or light rail stop.

(2)  A person must comply with a direction given under subclause (1).

Maximum penalty: 5 penalty units.

19   No unauthorised commercial activities

(1)  A person must not carry on a commercial activity on any train, on any railway land or on any part of the monorail works without the written permission of the accredited operator or the accredited owner for the relevant railway.

Maximum penalty: 5 penalty units.

(2)  For the purposes of this clause, a commercial activity means any one or more of the following:

(a)  the sale or hire (or the offer of sale or hire) of any thing otherwise than by means of a mobile phone call to a person who is not present on the train, railway land or monorail works concerned,

(b)  the touting or soliciting for custom, hire or employment otherwise than by means of a mobile phone call to a person who is not present on the train, railway land or monorail works concerned,

(c)  the distribution of handbills to any person,

(d)  the soliciting of money from any person (whether by way of busking or otherwise).

20   Entry to and exit from railway premises

A person must not, without reasonable excuse, enter or leave a station, platform or other work or premises connected with a railway otherwise than by a place designated by the accredited operator or the accredited owner for the railway for entry or exit.

Maximum penalty: 5 penalty units.

21   Entry to and exit from trains

A person must not, without reasonable excuse, enter or leave a train:

(a)  while the train is moving, or

(b)  by getting through a window, or

(c)  in the case of a train operated on a railway other than a light rail system—except at the side of the train adjoining the platform or other place designated by the accredited operator for the railway for persons to enter or leave the train, or

(d)  in the case of a train operated on a railway that is a light rail system—except at the side of the train adjoining the light rail stop designated by the accredited operator of that system for persons to enter or leave the train.

Maximum penalty: 5 penalty units.

21A   Passengers to remain wholly within trains

A person who is on a train must not, without reasonable excuse:

(a)  protrude any part of the person’s body from an open door or window of the train, or

(b)  touch, or attempt to touch, any building, structure or other object outside the train.

Maximum penalty: 5 penalty units.

22   Certain unauthorised travel on trains

(1)  A person must not board a train, for the purpose of travelling on it, at a station at which the train is not scheduled to pick up passengers, except with the permission of an authorised officer.

Maximum penalty: 5 penalty units.

(2)  A person must not leave a train at a station at which the train is not scheduled to set down passengers, except with the permission of an authorised officer.

Maximum penalty: 5 penalty units.

23   Compulsory reservation of sleeping berths or seats

(1)  A person must not, except with the permission of an authorised officer, travel on a train on which booking is compulsory without holding:

(a)  both a valid ticket for the travel concerned. and a reservation for a sleeping berth or seat, or

(b)  a combined travel and reservation ticket.

Maximum penalty: 5 penalty units.

(2)  Subclause (1) does not apply to a person who is travelling with another person who holds a valid ticket and reservation, or a combined ticket and reservation (or tickets and reservations, or combined tickets and reservations) authorising, for both persons, travel on the train concerned.

Note. Clause 4 (1) defines hold, in relation to a ticket or reservation, as meaning “be able to produce the ticket or reservation on request”.

(3)  A person is not liable to be punished under both this clause and section 79A of the Act in respect of the same travel.

24   Unauthorised occupation of reserved seats

(1)  The accredited operator for a railway may, by an appropriate notice attached to (or in the vicinity of) a seat in a train used on the railway, reserve the seat for a passenger.

(2)  An authorised officer may direct a person to leave a seat reserved for another person if the authorised officer is not satisfied that the person is occupying the seat with the permission of either the person for whom it is reserved or an authorised officer.

(3)  A person must comply with a direction given under subclause (2).

Maximum penalty: 5 penalty units.

25   Unauthorised occupation of sleeping berths

(1)  A person must not, except with the permission of an authorised officer, occupy a sleeping berth on a train:

(a)  other than the berth allotted to the person, or

(b)  without holding or having delivered up on the train a sleeping berth ticket or other receipt for the fare for the berth.

Maximum penalty: 5 penalty units.

(2)  An authorised officer may direct a person contravening subclause (1) to leave the berth.

(3)  A person must comply with a direction given under subclause (2).

Maximum penalty: 5 penalty units.

26   Unauthorised occupation of seats for aged persons or persons with a disability

(1)  The accredited operator for a railway may, by appropriate notice attached to (or in the vicinity of) seating in a train used on the railway, set aside that seating for persons who are aged or have a disability.

(2)  A person who is not aged and does not have a disability must not continue to occupy a seat set aside for the aged and persons with disabilities if an aged person or a person with a disability wanting to use the seat (or a person on behalf of that person) asks the person to vacate it.

Maximum penalty: 5 penalty units.

27   No interference with train doors

A person must not, without reasonable excuse:

(a)  block a train door, or

(b)  open a locked train door at any time, or

(c)  open an unlocked train door (other than an internal door or a door between carriages) while the train is moving, or

(d)  in any way interfere with an automatically operated train door.

Maximum penalty: 5 penalty units.

28   No entry to crew compartment of train

(1)  A person must not:

(a)  enter any crew compartment of a train without the permission of an authorised officer, or

(b)  remain in the crew compartment of a train after having been requested to leave the compartment by an authorised officer.

Maximum penalty: 5 penalty units.

(2)  This clause does not apply to an authorised officer in the execution of his or her duty.

29   Travel not allowed on certain parts of train

(1)  A person must not, without reasonable excuse, travel on any part of a train not intended for the conveyance of passengers.

Maximum penalty: 5 penalty units.

(2)  Without limiting subclause (1), parts of a train not intended for the conveyance of passengers include the following:

(a)  the engine or locomotive,

(b)  the roof, steps and footboard,

(c)  the stairs of a double-decker train.

30   Unauthorised use of certain equipment

(1)  A person must not, without reasonable excuse, do any of the following:

(a)  use the public address system of a train or on a station or at a light rail stop,

(b)  use any other communications system or information system of a train or on a station or at a light rail stop or on any other part of the infrastructure of a railway for a purpose other than the purpose for which it is provided,

(c)  apply or release any brake on a train,

(d)  use or interfere with any emergency or safety equipment on a train or on a station or at a light rail stop or on any other part of the infrastructure of a railway,

(e)  operate or otherwise interfere with any electrical or mechanical apparatus or device that is on railway land or is attached to, or forms part of, any train or any part of the monorail works, or

(f)  throw any article or thing at or towards, or otherwise interfere with, any electricity supply line or any electrical or mechanical apparatus on railway land or situated on or about, or attached to, any part of the monorail works.

Maximum penalty: 5 penalty units.

(2)  In this clause, emergency or safety equipment includes emergency breakdown equipment, alarms, stretchers, fire extinguishers and the like.

31   No obstruction or hindrance

(1)  A person must not, without reasonable excuse:

(a)  obstruct any facility on railway land or the monorail works, or

(b)  hinder (whether by obstruction or by any other means) another person’s use of any facility on railway land or the monorail works.

Maximum penalty: 5 penalty units.

(2)  Without limiting subclause (1), a facility on railway land or the monorail works includes the following:

(a)  the entrance to a station or light rail stop,

(b)  the exit from a station or light rail stop,

(c)  stairways and escalators at a station or light rail stop.

31A   Pedestrians

A person must not, while proceeding on foot on any railway land or on any part of the monorail works, proceed at a pace or in a manner that may cause injury or damage or that may endanger any person or property.

Maximum penalty: 5 penalty units.

32   Use of escalators and lifts

(1)  A person must not:

(a)  ride on a travelling handrail of an escalator, or

(b)  without reasonable excuse, move while on an escalator in a direction opposite to that in which it is travelling, or

(c)  without reasonable excuse, convey any goods on an escalator or in a lift, or

(d)  without reasonable excuse, interfere in any manner with an escalator or lift or the working of an escalator or lift.

Maximum penalty: 5 penalty units.

(2)  In this clause:

(a)  goods does not include the following:

(i)  shopping,

(ii)  strollers and prams,

(iii)  bicycles,

(iv)  luggage, and

(b)  a reference to an escalator or a lift is a reference to an escalator or a lift on railway land or the monorail works.

33   Railway property not to be removed

(1)  A person must not remove any property belonging to an accredited operator or an accredited owner for a railway from any train, any railway land or any part of the monorail works.

Maximum penalty: 5 penalty units.

(2)  This clause does not apply to an authorised officer or other person in the execution of the officer’s or person’s duty.

34   Graffiti and vandalism

(1)  A person must not:

(a)  write, draw or affix any word, representation, character or poster on or to, or

(b)  destroy, damage or deface,

      any train, any part of the infrastructure of a railway or any property on railway land or the monorail works.

Maximum penalty: 5 penalty units.

(2)  A person must not, without reasonable excuse, have in his or her possession on any train, any part of a railway, on any railway land or on any part of the monorail works any thing intended for use in damaging property.

Maximum penalty: 5 penalty units.

(3)  This clause does not apply to an authorised officer in the execution of his or her duty.

35   No littering

(1)  A person must not on any train, any part of a railway, on any railway land or on any part of the monorail works:

(a)  deposit any litter, or

(b)  deposit any thing that may endanger any person or property,

      otherwise than in a receptacle provided for that purpose.

Maximum penalty: 5 penalty units.

(2)  A person must not abandon any building material on any train, any part of a railway, on any railway land or on any part of the monorail works.

Maximum penalty: 5 penalty units.

35A   Lighting fires

A person must not:

(a)  light a fire on, or

(b)  bring any burning substance into or onto, or cause a burning substance to be brought into or onto, or

(c)  throw or drop any burning substance on or from, or cause any burning substance to be thrown or dropped on or from,

any train, any part of a railway, any railway land or the monorail works.

Maximum penalty: 5 penalty units.

36   Direction to leave train or premises

(1)  If, in the opinion of an authorised officer, a person is committing an offence under this Part, the authorised officer may direct the person to leave the train, railway land or part of the monorail works concerned.

(2)  A person must comply with a direction given under subclause (1).

Maximum penalty: 5 penalty units.

Part 4 Crossing running lines

37   Definitions

In this Part:

level crossing does not include any crossing over the running lines of the light rail system in a road or road related area.

road and road related area have the same meanings as in the Road Transport (General) Act 1999.

38   Crossing running lines—generally

(1)  A person must not cross or drive a vehicle over a running line except by means of a level crossing, bridge or subway constructed for that purpose.

Maximum penalty: 5 penalty units.

(2)  This clause does not apply to or in respect of:

(a)  an authorised officer or other person in the execution of his or her duty, or

(b)  a person who takes any action referred to in this clause at the request or direction of an authorised officer or other person in the execution of the officer’s or person’s duty, or

(c)  a running line used in a road or road related area for the purpose of a light rail system.

39   Pedestrians crossing running line

(1)  A person on foot (unless in charge of an animal) must not, without reasonable excuse, cross over a running line at ground level at a level crossing if a bridge or subway is provided at the crossing.

Maximum penalty: 5 penalty units.

(2)  A person on foot must not cross over a running line at a level crossing:

(a)  if warned not to do so by an authorised officer, or

(b)  contrary to a warning displayed at the level crossing.

Maximum penalty: 5 penalty units.

(3)  A person on foot must not cross over a running line at a level crossing at which are installed barriers or a bell, alarm, red light or other warning device:

(a)  if barriers are installed—while those barriers are in any position other than the fully open position, or

(b)  whether or not barriers are installed—while any bell, alarm, red light or other warning device is operating.

Maximum penalty: 5 penalty units.

(4)  This clause does not apply to:

(a)  an authorised officer or other person in the execution of the officer’s or person’s duty, or

(b)  a person who takes any action referred to in this clause at the request or direction of an authorised officer or other person in the execution of the officer’s or person’s duty.

40   Certain vehicles crossing running line at level crossing

(1)  A person must not drive a vehicle across a level crossing:

(a)–(c)  (Repealed)

(d)  if the vehicle is carrying a load that is likely to cause any damage to railway property or to cause an obstruction, or

(e)  contrary to a sign displayed at the level crossing, or

(f)  if directed not to do so by an authorised officer.

Maximum penalty: 5 penalty units.

(2)  Subclause (1) (d) does not apply if the vehicle and load comply with the relevant regulations under the Roads Act 1993 (or are the subject of a relevant permit under that Act).

(3)  (Repealed)

41   Driving animals across running line at ground level

A person (with or without a vehicle) must not, at ground level, drive an animal across a running line at a level crossing:

(a)  if warned not to do so by an authorised officer, or

(b)  if a train is in sight and moving towards the level crossing, or

(c)  if warning of the approach of a train has been given by a whistle or other device.

Maximum penalty: 5 penalty units.

Part 5 Animals and vehicles

42   Control of dogs on stations

A person must not, without the permission of an authorised officer, take a dog onto any part of a station, or have a dog in his or her charge on a station, unless the dog is under the person’s direct physical control by means of a lead, chain or frame (such as those used to control assistance animals) or otherwise.

Maximum penalty: 5 penalty units.

43   Animals on trains

(1)  A person must not take an animal onto a train intended for the conveyance of passengers, or have an animal in his or her charge on such a train, except under the conditions imposed by the accredited operator for the relevant railway for the conveyance of the animal.

Maximum penalty: 5 penalty units.

(2)  This clause does not apply to:

(a)  an assistance animal accompanying a person with a disability, or

(b)  an assistance animal in training.

44   Person not to drive or ride in certain areas

(1)  A person must not:

(a)  drive a vehicle or an animal (other than a dog controlled in accordance with clause 42 or an animal referred to in clause 43 (2)), or

(b)  use a skateboard, roller skates or rollerblades,

      on or along a platform or a pathway, subway or other way on railway land or any part of the monorail works used in connection with a station and set apart for the exclusive use of pedestrians.

Maximum penalty: 5 penalty units.

(2)  This clause does not apply:

(a)  to vehicles designed to carry persons unable to walk (such as invalid carriages), or

(b)  to a motorised trolley being used by an authorised officer in the execution of his or her duty, or

(c)  in respect of:

(i)  an animal being taken onto or from a train in accordance with the conditions referred to in clause 43 (1), or

(ii)  an animal referred to in clause 43 (2).

45   Restrictions on vehicles driven on certain railway structures

(1)  The accredited owner for a railway may by notice exhibited conspicuously on or near a railway road bridge or other railway structure, fix a vehicle’s maximum loaded mass, maximum axle load or other load limit in respect of the bridge or structure.

(2)  A person must not drive on or over a railway road bridge or other railway structure a vehicle whose loaded mass, axle load or other load exceeds the maximum limit so fixed and notified unless:

(a)  the person has obtained the written permission of the accredited owner for the railway concerned to do so, and

(b)  the vehicle is driven in conformity with any conditions determined by the accredited owner in respect of it.

Maximum penalty: 5 penalty units.

(3)  In this clause, a reference to a railway road bridge or other railway structure is a reference to a bridge or other structure that is provided for the purpose of enabling vehicles to cross a running line.

46   Bicycles not to be left in certain areas

A person must not leave a bicycle on railway land or any part of the monorail works or chained or otherwise attached to any building, fence or other railway installation on railway land or any part of the monorail works, except in a cloak room, parcels office or other place designated by the accredited owner for the relevant railway for that purpose.

Maximum penalty: 5 penalty units.

Part 6 Miscellaneous

47   Gates to be closed

A person who uses a gate at a level crossing, or any other gate set up at the side of the railway, must shut and securely fasten the gate immediately after use.

Maximum penalty: 5 penalty units.

48   Unauthorised use of reservoirs or tanks on railway land

(1)  A person must not bathe in, or pollute, the water in a reservoir or tank on railway land.

Maximum penalty: 5 penalty units.

(2)  A person must not fish in, or shoot over or on, a reservoir or tank referred to in subclause (1), except with the written permission of the accredited owner for the railway concerned.

Maximum penalty: 5 penalty units.

49   Throwing things

A person must not, without reasonable excuse, throw any thing at or from a train, a station, a light rail stop or any other part of the infrastructure of a railway.

Maximum penalty: 5 penalty units.

50   No trespassing

(1)  A person must not, without reasonable excuse, go onto or into, or remain on or in:

(a)  the restricted area of a station, or

(b)  any running lines or associated part of the infrastructure of a railway, or

(c)  any workshops forming part of the infrastructure of a railway, or

(d)  any offices or administrative areas of a railway, or

(e)  any other railway land or any part of the monorail works.

Maximum penalty: 5 penalty units.

(2)  Subclause (1) does not apply to:

(a)  an authorised officer in the execution of his or her duty, or

(b)  a person who has the permission of the accredited owner or operator of the railway to enter the railway land or part of the monorail works concerned.

(3)  An authorised officer who has reason to believe that a person is committing an offence under subclause (1) may direct the person to leave the restricted area of the station, running lines, associated part of the infrastructure of the railway, workshop, office or administrative area concerned.

(4)  A person must comply with a direction given under subclause (3).

Maximum penalty: 5 penalty units.

51   No placing of objects on running lines

(1)  A person must not leave any object on a running line.

Maximum penalty: 5 penalty units.

(2)  Subclause (1) does not apply to an authorised officer in the execution of his or her duty.

52   Attempt to do prohibited act

A person who attempts to do any thing that is prohibited by a provision of this Regulation is taken to have committed an offence under that provision and is punishable accordingly.

53   Removal of persons

A person who fails to comply with a direction given under this Regulation to leave any train or railway land or part of the monorail works may be removed from the train or land or part of the monorail works by an authorised officer.

54   Lost property

(1)  A person who finds any article in or on a train or railway land or part of the monorail works:

(a)  must return it to its owner, or

(b)  must give it, or report its location, to an authorised officer.

Maximum penalty: 5 penalty units.

(2)  An article that is given to an authorised officer under this clause is to be dealt with in accordance with directions given by the Director-General (which may, if the Director-General thinks it appropriate, include directions for the disposal of the article).

54A   Protection of monorail works

(1)  A person must not enter the monorail envelope, or cause or permit anything to enter the monorail envelope, otherwise than:

(a)  for the purpose of entering or leaving or travelling in a monorail train, or

(b)  in accordance with an approval granted by an authorised person.

Maximum penalty: 5 penalty units.

(2)  In this clause:

monorail envelope means the space around the Darling Harbour monorail, being the rectangular space within 2 metres on either side of, 4.5 metres above and 1 metre below an imaginary line running along the centre of the bottom surface of the monorail beam.

55   Penalty notice offences

For the purposes of section 88 of the Act:

(a)  each offence created by a provision specified in Column 1 of Schedule 1 is declared to be a penalty notice offence, and

(b)  the prescribed penalty for such an offence is:

(i)  the amount specified in Column 3 of Schedule 1, or

(ii)  if the person alleged to have committed the offence is under the age of 18 years, and if a lesser amount is specified in Column 4 of Schedule 1, that lesser amount.

56   Short descriptions

(1)  For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision specified in Column 1 of Schedule 1 is:

(a)  the expression specified in Column 2 of that Schedule, or

(b)  if a choice of words is indicated in that expression, the words remaining after the omission of the words irrelevant to the offence.

(2)  For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule 1, the prescribed expression for the offence is taken to relate to the offence created by the provision, as the provision was in force when the offence is alleged to have been committed.

(3)  The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used, and any such document continues to have effect as if that expression had not been amended or repealed.

(4)  Subclause (3) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.

57   Delegation

The Chief Executive Officer of the State Rail Authority is prescribed as a person to whom the Director-General may, in accordance with section 93 (2) of the Act, delegate functions under the Act.

58   Repeal

(1)  The Rail Safety (Offences) Regulation 1997 is repealed.

(2)  Any act, matter or thing that, immediately before the repeal of the Rail Safety (Offences) Regulation 1997 had effect under (or was done for the purposes of) that Regulation continues to have effect under (or is taken to have been done for the purposes of) this Regulation.

(3)  The Darling Harbour (Monorail) Regulation 1995 is repealed.

(4)  Any act, matter or thing that, immediately before the repeal of the Darling Harbour (Monorail) Regulation 1995 had effect under (or was done for the purposes of) that Regulation continues to have effect under (or is taken to have been done for the purposes of) this Regulation.

Schedule 1 Penalty notice offences

(Clauses 55 and 56)

Part 1 Offences under the Rail Safety Act 1993

Part 2 Offences under the Rail Safety Regulation 1999

Historical notes

The following abbreviations are used in the Historical notes:

Table of amending instruments

Rail Safety Regulation 1999 published in Gazette No 98 of 27.8.1999, p 7374 and amended as follows:
Rail Safety Amendment (Monorail) Regulation 2001 (GG No 37 of 9.2.2001, p 568)
Statute Law (Miscellaneous Provisions) Act (No 2) 2002 No 112. Assented to 29.11.2002. Date of commencement of Sch 2.19, assent, sec 2 (3).

Table of amendments