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Contents (2017 - 473)
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Passenger Transport (General) Regulation 2017
Current version for 21 December 2018 to date (accessed 6 December 2019 at 09:35)
Part 5 Division 2
Division 2 Conduct generally
50   No offensive behaviour or language
A person must not, in or on a public passenger vehicle or train or in a public area:
(a)  behave in an offensive manner, or
(b)  use any offensive language, or
(c)  wilfully interfere with the comfort or safety of other persons, or
(d)  put any of the person’s feet on a seat, or
(e)  spit.
Maximum penalty: 10 penalty units.
51   No smoking
(1)  A person must not smoke in or on any public passenger vehicle or train or in any public area.
Maximum penalty: 5 penalty units.
(2)  This clause does not apply to a part of a public area in or on which smoking is permitted by signs displayed by or with the authority of the operator of the public passenger service or the rail transport operator concerned.
(3)  In this clause, smoke has the same meaning as in the Smoke-free Environment Act 2000.
52   Limitation on eating and drinking in certain public passenger vehicles and trains
(1)    (Repealed)
(2)  A person must not drink any alcohol on any bus, ferry or train or in any public area.
Maximum penalty: 10 penalty units.
(3)  Subclause (2) does not apply if the alcohol was supplied by, or with the permission of, the operator of the bus or ferry or the rail transport operator of the train concerned.
(4)  A passenger must not eat or drink on any bus, ferry or train (or part of a bus, ferry or train) in which eating and drinking is prohibited by signs displayed, by or with the authority of the operator of the bus or ferry or the rail transport operator concerned, in the bus, ferry or train (or part), except with the written permission of the operator or the permission of an authorised officer.
Maximum penalty: 5 penalty units.
(5)  However, nothing in this clause prohibits a person from drinking water, or from eating or drinking for medical reasons, in or on a public passenger vehicle or train.
(6)  In this clause, drink, in relation to alcohol, includes be in possession of an opened container of alcohol.
53   Control of animals
(1)  A person must not take into or on any public passenger vehicle or any train intended for the conveyance of passengers any dog, cat, bird or other animal:
(a)  in the case of a public passenger vehicle—unless the animal is suitably confined in a box, basket or other container, and
(b)  in the case of a train—except under the conditions imposed by the rail transport operator of the relevant railway for the conveyance of the animal.
Maximum penalty: 5 penalty units.
(2)  A person must not allow an animal under the person’s care or control on, or to stray onto, railway premises unless the animal is being taken onto or from a train in accordance with the conditions referred to in subclause (1).
Maximum penalty: 5 penalty units.
(3)  Subclauses (1) and (2) do not apply in respect of an assistance animal or an assistance animal in training.
(4)  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 the person’s 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.
54   Conveyance of petrol and things containing petrol and things intended for vandalism
(1)  A person must not have any of the following in the person’s possession on any public passenger vehicle, train or any part of railway premises:
(a)  any petrol or substance containing petrol,
(b)  any vehicle, article or other thing that contains petrol or a substance containing petrol.
Maximum penalty: 10 penalty units.
(2)  Subclause (1) does not apply to:
(a)  an employee of the operator of a public passenger service or a rail transport operator in the execution of the employee’s duty, or
(b)  a person authorised by the operator of a public passenger service or a rail transport operator.
(3)  A person must not, without reasonable excuse, have in the person’s possession on any public passenger vehicle, train or any part of railway premises any thing intended for use in damaging property.
Maximum penalty: 10 penalty units.
55   Direction to leave public passenger vehicle, train or railway premises
(1)  A driver of a public passenger vehicle or train or an authorised officer may direct a person to leave, or not to enter, a public passenger vehicle or train if the driver or authorised officer is of the opinion that:
(a)  the person’s body, clothing or luggage (or any other thing on or carried by the person):
(i)  may soil or damage the public passenger vehicle or train or the clothing or luggage of other passengers, or
(ii)  is of such a size or has such dimensions that it cannot be accommodated in the public passenger vehicle or train without inconvenience or danger to other passengers or to the driver, or
(b)  the person is otherwise causing, or is likely to cause, inconvenience to other passengers or to the driver of the public passenger vehicle or train (whether because the person is under the influence of alcohol or another drug, or for any other reason), or
(c)  the person is committing an offence under this Regulation in or on the public passenger vehicle or train, or
(d)  the person is committing an offence under section 4 of the Graffiti Control Act 2008 in relation to the public passenger vehicle or train.
(2)  An authorised officer may direct a person to leave, or not to enter, railway premises if the authorised officer is of the opinion that:
(a)  the person is causing, or is likely to cause, inconvenience to other persons on those railway premises (whether because the person is under the influence of alcohol or another drug, or for any other reason), or
(b)  the person is committing an offence under this Regulation in or on those railway premises, or
(c)  the person is committing an offence under section 4 of the Graffiti Control Act 2008 in relation to any part of the infrastructure of a railway or any property on those railway premises.
(3)  A person who is given a direction under subclause (1) or (2) must comply with it.
Maximum penalty: 10 penalty units.
(4)  A person who has been directed to leave a public passenger vehicle, train or railway premises must not, without a reasonable excuse, re-enter the public passenger vehicle, train or railway premises within 2 hours of the direction being given.
Maximum penalty: 10 penalty units.
(5)  A person who refuses or fails to comply with a direction given under this clause may be removed from the relevant public passenger vehicle, train or railway premises by an authorised officer.
56   Lost property
(1)  A person who finds any article that appears to be lost in or on a public passenger vehicle must:
(a)  return the article to its owner, or
(b)  give it to the driver of the public passenger vehicle, an employee of the operator of the public passenger service concerned or an authorised officer.
Maximum penalty: 5 penalty units.
(2)  A person who finds any article that appears to be lost in a train or any public area must:
(a)  return it to its owner, or
(b)  give it, or report its location, to an employee of the relevant rail transport operator or an authorised officer.
Maximum penalty: 5 penalty units.
(3)  A rail transport operator must develop and implement procedures that comply with this clause for dealing with any lost property that is found in a train or any public area for which the operator is responsible.
Maximum penalty: 5 penalty units.
(4)  Those procedures are to include (but are not limited to) procedures involving:
(a)  the keeping of registers of:
(i)  lost property that is found, and
(ii)  enquiries as to lost property, and
(b)  the keeping of written records as to when and how lost property, when found, is to be returned or disposed of.
(5)  Those procedures must be capable of being audited.
57   No interference with equipment of, or damage to, vehicle
A person must not:
(a)  without reasonable excuse, interfere with any equipment attached to, or forming part of, a public passenger vehicle or train, or
(b)  wilfully damage any part of a public passenger vehicle or train.
Maximum penalty: 50 penalty units.
58   No removal of property
A person (other than the owner of the property concerned) must not, without reasonable excuse, remove from any public passenger vehicle or train any property of the driver or operator of the vehicle or train or of the crew of the vehicle or train.
Maximum penalty: 10 penalty units.
59   No littering
(1)  A person must not in or on any public passenger vehicle or train or in any public area:
(a)  deposit any litter otherwise than in a receptacle provided for that purpose, or
(b)  deposit any thing that may endanger any person or property.
Maximum penalty: 10 penalty units.
(2)  A person must not abandon any building material on any train, any part of a railway or any railway premises.
Maximum penalty: 10 penalty units.
60   No throwing
A person must not, without reasonable excuse:
(a)  throw any thing in or from a public passenger vehicle or train or any station, light rail stop or any other part of the rail infrastructure, or
(b)  throw any thing at a public passenger vehicle or train or any station, light rail stop or any other part of the rail infrastructure, or
(c)  drop any thing on or towards a public passenger vehicle or train or any station, light rail stop or any other part of the rail infrastructure.
Maximum penalty: 20 penalty units.
61   Vandalism
A person must not destroy or damage any public passenger vehicle or train, any rail infrastructure or any property on railway premises.
Maximum penalty: 20 penalty units.
Note.
 Offences relating to graffiti are contained in Part 2 of the Graffiti Control Act 2008.
62   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 public passenger vehicle or train, any part of a railway or any railway premises.
Maximum penalty: 10 penalty units.
63   Driver to take action in relation to dangerous conduct
The driver of a public passenger vehicle must take such action as is appropriate (for example, contacting the operator or the police for help) if the driver believes on reasonable grounds that the conduct of a passenger is endangering the safety of any person.