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Contents (2017 - 473)
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Passenger Transport (General) Regulation 2017
Current version for 13 December 2019 to date (accessed 23 February 2020 at 22:22)
Part 6 Division 4
Division 4 General provisions
77A   Valid ticket required for travel
(1)  A person must not travel, or attempt to travel, on a public passenger vehicle or train unless the person (or someone accompanying the person) holds a valid ticket for the person’s travel.
Maximum penalty—5 penalty units.
(2)  This clause does not apply in the case of a person who does not hold a ticket if the person—
(a)  boards a bus at a bus stop, a ferry at a ferry wharf or a train at a station where, at all relevant times before the person boarded, there were no facilities available for the issue of an appropriate ticket, or
(b)  the person is a child of or under 3 years of age.
(2A)  Subclause (2)(a) does not apply if the appropriate ticket is a smartcard.
(3)  In this clause, hold a ticket means be able to produce the ticket on request.
77B   Other offences in relation to fares and tickets
(1)  A person who is travelling on a train or ferry without having paid the correct fare for the travel concerned must not, without reasonable excuse, fail to pay the correct fare—
(a)  on demand made by an authorised officer, or
(b)  if no such demand has been made, as soon as facilities are available to pay the fare, whether on the train or ferry or at the station, stop or wharf at which the person’s travel on the train or ferry is completed.
Maximum penalty—5 penalty units.
(2)  A person must not, knowingly and without reasonable excuse, travel on a train in a carriage or compartment of a class to which the person’s ticket does not apply.
Maximum penalty—5 penalty units.
(3)  In this clause, train includes any other form of transport (such as a bus) provided by the rail transport operator in substitution for a train.
(4)  This clause does not apply in relation to travel on a route or railway line for which a smartcard may be used.
77C   Concession tickets
(1)  A person must not travel, or attempt to travel, on a public passenger vehicle or train on the authority of a concession ticket unless the person is entitled to the concession ticket.
Maximum penalty—5 penalty units.
(2)  The driver of a public passenger vehicle or an authorised officer may direct a person—
(a)  who is travelling in a public passenger vehicle or train on the authority of a concession ticket, or
(b)  who processes a concession ticket under this Division, or
(c)  who makes a concession ticket available for inspection under this Division,
to produce to the driver or 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 who is given such a direction must immediately comply with it.
Maximum penalty—5 penalty units.
(4)  A person may not be prosecuted for offences under both subclause (1) and subclause (3) in relation to the same travel.
(5)  A person must not—
(a)  in or in connection with an application for a concession ticket or the issue or purchase of a concession ticket, or
(b)  in purported compliance with a direction 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.
(6)  For the purposes of this Regulation, a person is entitled to a concession ticket if the person is of a class of persons determined by TfNSW as being entitled to the type of concession ticket concerned.
77D   Tickets to be processed
(1)  A person must not, without reasonable excuse, do any of the following without processing (or without someone accompanying the person processing) a valid ticket for the person in accordance with this clause—
(a)  board a bus,
(b)  enter (otherwise than by getting off a train), or leave, the restricted area of a station,
(c)  enter (otherwise than by getting off a ferry), or leave, the paid area of a ferry wharf used for the purposes of, or in connection with, a regular ferry service,
(d)  if there is no paid area of the ferry wharf—board or leave a ferry.
Maximum penalty—5 penalty units.
(1A)  It is not a reasonable excuse for the purposes of subclause (1) that there were no facilities available for the issue or topping-up of a smartcard.
(2)  For the purposes of this clause, a person processes a ticket—
(a)  in the case of a smartcard—by scanning it at an appropriate smartcard reader, and
(b)  in the case of a ticket other than a smartcard—
(i)  by automatic processing, that is, by putting it into automatic processing equipment provided to read or record any details on the ticket, or
(ii)  by providing the ticket for inspection by an authorised officer on request or an employee of the operator of the public passenger service or rail passenger service concerned, or
(iii)  by allowing the ticket to be processed manually by an authorised officer or an employee of the operator of the public passenger service or rail passenger service concerned.
(3)  Subclause (1)(a) does not apply to a person who on boarding a bus buys a valid ticket from the driver of the bus.
(4)  A ticket (other than a smartcard) that is designed to be processed by automatic processing must not be processed by any other method unless—
(a)  the bus, ferry, ferry wharf or station concerned is not supplied with automatic processing equipment or the automatic processing equipment is not functioning, or
(b)  the person has a reasonable excuse for not using the automatic processing equipment.
(5)  The operator of a bus that is being used to provide a regular bus service must ensure that the driver of the bus is provided with facilities that enable the driver to sell tickets for journeys on the bus, unless the bus—
(a)  is clearly designated as a bus on which only pre-paid tickets may be used, or
(b)  is used to provide a free service.
Maximum penalty—5 penalty units.
(6)  The driver of a bus that is being used to provide a regular bus service must (unless the driver has a reasonable excuse for not doing so) ensure that tickets for journeys on the bus are processed in accordance with this clause.
Maximum penalty—5 penalty units.
77E   Inspection of tickets
(1)  A person must make the person’s ticket available for inspection by an authorised officer on that officer’s request if the person—
(a)  is on, or has just left, a public passenger vehicle, or
(b)  is in or has just left the paid area of a ferry wharf used for the purposes of, or in connection with, a regular ferry service, or
(c)  is on a train or is in or has just left the restricted area of a station.
Maximum penalty—5 penalty units.
(2)  A person who has just left the paid area of a ferry wharf used for the purposes of, or in connection with, a regular ferry service or the restricted area of a station does not commit an offence under this clause if the person’s ticket has been—
(a)  captured by an automatic gate or other equipment provided to read or record any details on the ticket, or
(b)  given to an authorised officer or employee of the operator of the ferry service or the rail passenger service concerned.