Transport (Ticketing) Regulations 2006FILE/06-86sr014.docx · Web viewOCPC Victoria, Word 2007,...

Version No. 014

Transport (Ticketing) Regulations 2006S.R. No. 86/2006

Version incorporating amendments as at21 June 2016

TABLE OF PROVISIONSRegulation Page

Part 1—Preliminary 1

1 Objectives 12 Authorising provisions 23 Commencement 25 Definitions and reference provision 2

Part 2—Fare evasion 13

Division 1—Obligations 13

6 Obligation to hold valid ticket 137 Obligation to produce a ticket valid for travel 148 Obligation to produce a ticket valid for entry to a designated

area 149 Obligation to produce evidence of entitlement to rely on a

concession ticket for travel 1510 Obligation to produce evidence of entitlement to rely on a

concession ticket for an entry to a designated area 1611 Application of regulations 7 to 10 where a person's ticket is

held by another person 16

Division 2—Defences 17

12 Defence in relation to travel 1713 Defence in relation to entry to a designated area 1914 Insufficient time not a defence in certain circumstances 2214A Non-acceptance or withdrawal of offer of an opportunity to

pay an on-the-spot penalty fare 22

Part 2A—On-the-spot penalty fares 24

14B On-the-spot penalty ticket offences 2414C On-the-spot penalty fare amount 2414F Records in relation to the issuing of on-the-spot penalty tickets

and the receipt of on-the-spot penalty fares 24

1

14G Form and manner of the records in relation to the issuing of on-the-spot penalty tickets and the receipt of on-the-spot penalty fares 25

Part 3—Ticket contracts and conditions 26

15 Ticket contracts 2616 Ticket conditions 27

Part 4—General 28

17 Ticket not to be transferred 2818 Inspection etc. of ticket 2819 Ticket to be surrendered 2820 Additional requirements for buses etc. 2920A Bus drivers' ticketing obligations 3020B Bus drivers' myki ticketing obligations 3020C Obligation to produce a ticket valid for travel 3121 Convictions or findings of guilt for certain offences 3222 Exemptions 3223 Prescribed kinds of portable device 3324 Prescribed devices 3325 Prescribed processes 33

Schedule 1—Prescribed devices 34

Schedule 2—Prescribed processes 36

═══════════════

Endnotes 75

1 General information 75

2 Table of Amendments 77

3 Amendments Not in Operation 79

4 Explanatory details 80

2

Version No. 014


Version incorporating amendments as at21 June 2016

Part 1—Preliminary1 Objectives

The objectives of these Regulations are to—

(a) require and regulate the use of tickets for Victoria's public transport system with the intention of supporting the collection of revenue for that system and reducing fare evasion and the consequential revenue losses incurred by public transport operators and the State; and

(b) clarify contractual arrangements in relation to certain tickets; and

(c) prescribe certain conditions and enforcement powers in relation to tickets; and

(d) make related amendments to the Transport (Ticketing and Conduct) Regulations 2005, the Transport (Passenger Vehicles) Regulations 2005 and the Transport (Infringements) Regulations 1999; and

(e) make a further minor amendment to the Transport (Passenger Vehicles) Regulations 2005 to clarify the scope of the offences in Division 2 of Part 5 of those Regulations.

2 Authorising provisions

1

Reg. 2 amended by S.R. Nos 95/2010 reg. 3, 114/2011 reg. 3.

These Regulations are made under sections 56, 162, 215, 221AA, 230AH and 256 of the Transport (Compliance and Miscellaneous) Act 1983.

3 Commencement

These Regulations come into operation on 31 July 2006.

* * * * *

5 Definitions and reference provision

(1) In these Regulations—

authorised officer has the same meaning as in section 208 of the Act;

authorised person (ticketing) means—

(a) an authorised officer; or

(b) a member of the police force; or

(ba) a protective services officer; or

(c) 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 a passenger vehicle or for entry to a designated area; or

(d) a person (other than a person referred to in paragraph (a) or (c)) appointed in writing by a passenger transport company or a bus company or the Secretary or the Public Transport

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Reg. 4 revoked by S.R. No. 114/2011 reg. 4.

Reg. 5(1) def. of authorised officer amended by S.R. No. 114/2011 reg. 5(1).

Reg. 5(1) def. of authorised person (ticketing) amended by S.R. Nos 131/2011 reg. 5(a), 22/2012 reg. 7(a).

Development Authority for the purposes of these Regulations; or

(e) if a bus company is a natural person, that person;

bus has the same meaning as in section 3(1) of the Bus Safety Act 2009;

bus company has the same meaning as in section 2(1) of the Act;

central computer system means the central servers, computers, networks, other electronic data systems and other devices operated and maintained by or on behalf of the Public Transport Development Authority to—

(a) collect, manage, process, summarise and store information; and

(b) settle financial transactions—

relating to smartcards and other prescribed devices;

concession ticket means a ticket that, in accordance with conditions determined and published under section 220D of the Act—

(a) authorises a holder of the ticket to travel in a passenger vehicle, or to enter a designated area, at a price less than the full price to travel in the passenger vehicle or to enter the designated area; or

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Reg. 5(1) def. of bus amended by S.R. No. 114/2011 reg. 6(1).

Reg. 5(1) def. of bus company amended by S.R. No. 114/2011 reg. 5(1).

Reg. 5(1) def. of central computer system inserted by S.R. No. 114/2011 reg. 6(2), amended by S.R. No. 95/2013 reg. 3.

Reg. 5(1) def. of concession ticket amended by S.R. No. 114/2011 reg. 5(1).

(b) authorises a holder of the ticket, or a person accompanying the holder of the ticket, to free travel in a passenger vehicle or free entry to a designated area;

designated area means—

(a) an area of land or an area within premises owned or occupied by a passenger transport company that is designated by the passenger transport company by means of signs in or near the area as an area for entry to which a ticket valid for that entry is required; or

(b) if a railway station is specified by the Secretary in a notice published in the Government Gazette as a station to which this paragraph applies—

(i) a platform at that station;

(ii) a waiting room or area adjoining a platform from which the platform can be accessed without the need to pass a ticket validating machine, a smartcard reader or a ticket barrier;

(iii) an area between a platform and any ticket validating machine, smartcard reader or ticket barrier

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Reg. 5(1) def. of designated area amended by S.R. Nos 84/2009 reg. 4(a)(b), 22/2012 reg. 7(b).

that it is necessary to pass to gain access to the platform;

Note

The following diagrams are illustrative of designated areas at a railway station.

Diagram 1: A designated area at a specified railway station with an island platform

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Diagram 2: A designated area at a specified railway station with side platforms

Handheld Retail means a PSION WORKABOUT PRO S Model 7527S-G2 that is being used by or on behalf of a retail agent in the course of that retail agent's activities as a retail agent;

Handheld V/Line means a Motorola MobileCompia (M3) MC6500S that is being used by a V/Line conductor in the course of his or her duties as a conductor;

myki means a ticket that is a smartcard capable of—

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Reg. 5(1) def. of Handheld Retail inserted by S.R. No. 114/2011 reg. 6(2).

Reg. 5(1) def. of Handheld V/Line inserted by S.R. No. 114/2011 reg. 6(2).

Reg. 5(1) def. of myki inserted by S.R. No. 84/2009 reg. 4(c), amended by S.R. No. 114/2011 reg. 5(2).

(a) recording the details of travel in a passenger vehicle or entry to a designated area for which payment has been made; and

(b) when money has been paid into an account associated with the smartcard—

(i) recording the value of that money; and

(ii) transferring information to other electronic devices so as to effect modifications to that value to reflect payment for travel in a passenger vehicle or entry to a designated area; and

(iii) recording that value as so modified;

Note

smartcard is defined in section 208 of the Act.

myki ticketing equipment means equipment installed on a bus that enables a myki to be used to authorise travel in that bus;

operator access card means a plastic card that—

(a) contains an imbedded computer microchip capable of receiving, storing, processing and transferring information; and

(b) is used to identify the holder of the card to another prescribed device and enable the holder to operate the device;

passenger transport company has the same meaning as in section 2(1) of the Act;

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Reg. 5(1) def. of myki ticketing equipment inserted by S.R. No. 74/2015 reg. 3.

Reg. 5(1) def. of operator access card inserted by S.R. No. 114/2011 reg. 6(2).

Reg. 5(1) def. of passenger transport company amended by S.R. No. 114/2011 reg. 5(1).

passenger vehicle means—

(a) a passenger train;

(b) a tram;

(c) a bus;

(d) a public commercial passenger vehicle—

operated by or on behalf of a passenger transport company or a bus company;

protective services officer means a protective services officer appointed under section 118B(l) of the Police Regulation Act 1958;

public commercial passenger vehicle has the same meaning as in section 86(1) of the Act;

regular passenger service has the same meaning as in the Bus Services Act 1995;

retail agent means a person (other than a passenger transport company or a bus company) engaged by the Public Transport

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Reg. 5(1) def. of protective services officer inserted by S.R. No. 131/2011 reg. 5(b).

Reg. 5(1) def. of public commercial passenger vehicle amended by S.R. No. 114/2011 reg. 5(1).

Reg. 5(1) def. of regular passenger service inserted by S.R. No. 74/2015 reg. 3.Reg. 5(1) def. of retail agent inserted by S.R. No. 114/2011 reg. 6(2), amended by S.R. No. 95/2013 reg. 3.

Development Authority to act as its agent in relation to the sale of smartcards and payment for travel in a passenger vehicle or entry to a designated area;

smartcard reader means a machine that is designed and intended to—

(a) be used to electronically record and process information from a ticket that is a smartcard; and

(b) perform related functions—

when the smartcard is scanned by the machine as part of the actions necessary for the smartcard to be made valid for travel in a passenger vehicle or entry to a designated area regardless of whether or not at any particular time the machine is in working order;

smartcard security access module means a computer microchip that stores security authentication and encryption keys that ensure that a prescribed device, when fitted with the smartcard security access module, is authorised to copy and transfer information between the prescribed device and—

(a) a smartcard; and

(b) the central computer system;

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

ticket means a ticket, pass, card, permit, authority, device, symbol or other thing issued, or which may be used, for the purpose of

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Reg. 5(1) def. of smartcard reader inserted by S.R. No. 84/2009 reg. 4(d).

Reg. 5(1) def. of smartcard security access module inserted by S.R. No. 114/2011 reg. 6(2).

Reg. 5(1) def. of the Act inserted by S.R. No. 95/2010 reg. 4.

Reg. 5(1) def. of ticket amended by S.R. Nos 84/2009 reg. 4(e), 66/2014 reg. 4.

authorising travel in a passenger vehicle or entry to a designated area, and includes an on-the-spot penalty ticket;

ticket barrier means a barrier which is intended to be used to regulate access to or egress from a part of a railway station that is a designated area;

ticket validating machine means a machine which is designed and intended to be used to electronically record information about a ticket (other than a ticket that is a smartcard) when the ticket is inserted into the machine, or presented to the machine for scanning, regardless of whether or not at any particular time the machine is in working order;

train includes a single carriage (whether powered or not) which does not form part of a set or series of carriages;

vehicle control unit means a device installed on a bus or a tram that is capable of—

(a) transferring or copying information stored by the device between prescribed devices installed on the bus or tram; and

(b) transferring or copying information stored by the device between a prescribed device installed on the bus or tram and the central computer system; and

(c) receiving information from a global positioning system and generating and storing information relating to the location of the bus or tram and

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Reg. 5(1) def. of ticket validating machine amended by S.R. No. 84/2009 reg. 4(f).

Reg. 5(1) def. of train amended by S.R. No. 114/2011 reg. 6(3).

Reg. 5(1) def. of vehicle control unit inserted by S.R. No. 114/2011 reg. 6(2).

transferring or copying such information to prescribed devices installed on the bus or tram;

V/Line conductor means a person employed by V/Line Pty Ltd (ACN 087 425 269) to perform duties as a conductor on trains operated by or on behalf of that company.

(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) For the purposes of these Regulations—

(a) a ticket is valid for the whole of a person's travel in a passenger vehicle if the ticket authorises the whole of that travel; and

(b) a ticket is not valid for the whole of a person's travel in a passenger vehicle if any part of that travel is not authorised by the ticket; and

(c) a ticket is valid for a person's entry to a designated area if the ticket authorises that entry to the designated area.

(4) For the purposes of these Regulations, a person's travel in a passenger vehicle—

(a) begins—

(i) in the case of a bus, on the earlier of—

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Reg. 5(1) def. of V/Line conductor inserted by S.R. No. 114/2011 reg. 6(2).

Reg. 5(4) inserted by S.R. No. 84/2009 reg. 5.

(A) when the person, after boarding the bus, first moves past the driver's seat towards the back of the bus; or

(B) when the bus first starts to move after the person has boarded the bus; or

(ii) in all other cases, when the passenger vehicle first starts to move after the person has boarded the vehicle; and

(b) ends when the person leaves the passenger vehicle.

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Part 2—Fare evasion

Division 1—Obligations6 Obligation to hold valid ticket

(1) A person who is travelling in a passenger vehicle must have in his or her possession a ticket that is valid for the whole of the person's travel in that passenger vehicle.

Penalty: 5 penalty units.Note

Regulation 12 sets out various defences that may apply in respect of this subregulation.

(2) A person who is in a designated area must have in his or her possession a ticket that is valid for that entry to the designated area.


Regulation 13 sets out a defence that may apply in respect of this subregulation.

(3) For the purposes of this regulation, a person has a ticket in his or her possession only if—

(a) the person holds the ticket on or about his or her person; or

(b) the person is accompanied by another person and that other person holds the ticket on or about his or her person on behalf of the first mentioned person.Examples for subregulation (3)(b):

Examples of another person holding a ticket on a person's behalf—

A parent holding a ticket on behalf of a child.

The holder of a ticket authorising group travel.

Part 1—Preliminary


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Note

What constitutes a ticket that is valid for travel or for an entry to a designated area is specified in the conditions to which the ticket is subject. For most tickets, these are conditions determined and published in the Government Gazette under section 220D of the Act.

7 Obligation to produce a ticket valid for travel

(1) An authorised person (ticketing) may ask a person who—

(a) is travelling in; or

(b) has just left—

a passenger vehicle to produce for inspection a ticket that is or was (as the case requires) valid for the whole of the person's travel in that passenger vehicle.

(2) A person must without delay comply with a request made under subregulation (1).


Regulation 12 sets out various defences that may apply in respect of this subregulation.

8 Obligation to produce a ticket valid for entry to a designated area

(1) An authorised person (ticketing) may ask a person who—

(a) is in; or


a designated area, to produce for inspection a ticket that is or was (as the case requires) valid for that entry to the designated area.

Note to reg. 6 amended by S.R. No. 114/2011 reg. 5(3).



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Regulation 13 sets out a defence that may apply in respect of this subregulation.

9 Obligation to produce evidence of entitlement to rely on a concession ticket for travel

(1) This regulation applies to a person if he or she—

(a) is travelling in; or


a passenger vehicle and it appears to an authorised person (ticketing) that the person relies, or has relied, (as the case requires) for the person's travel in that passenger vehicle, on a concession ticket.

(2) Subject to subregulation (2A), the authorised person (ticketing) may ask the person referred to in subregulation (1) to produce for inspection evidence of the person's entitlement to rely on the concession ticket for the person's travel in that passenger vehicle.

(2A) A request must not be made under subregulation (2) if the concession ticket itself constitutes or contains evidence referred to in that subregulation.


Penalty: 5 penalty units.

Reg. 9(2) amended by S.R. No. 84/2009 reg. 6(1).

Reg. 9(2A) inserted by S.R. No. 84/2009 reg. 6(2).



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10 Obligation to produce evidence of entitlement to rely on a concession ticket for an entry to a designated area

(1) This regulation applies to a person if he or she—

(a) is in; or


a designated area and it appears to an authorised person (ticketing) that the person relies, or has relied, (as the case requires) for that entry to the designated area, on a concession ticket.

(2) Subject to subregulation (2A), the authorised person (ticketing) may ask the person referred to in subregulation (1) to produce for inspection evidence of the person's entitlement to rely on the concession ticket.

(2A) A request must not be made under subregulation (2) if the concession ticket itself constitutes or contains evidence referred to in that subregulation.



11 Application of regulations 7 to 10 where a person's ticket is held by another person

For the purposes of regulations 7(2), 8(2), 9(3) and 10(3), a person is deemed to have complied with a request made under, respectively, regulation 7(1), 8(1), 9(2) or 10(2) if, at the time the request is made, another person, who is accompanying the person and is holding the relevant ticket or evidence on behalf of the person, produces the ticket or evidence for inspection by the authorised person (ticketing).


Reg. 10(2A) inserted by S.R. No. 84/2009 reg. 7(2).



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Division 2—Defences12 Defence in relation to travel

(1) It is a defence to a charge under regulation 6(1) or 7(2) that the person charged—

(a) before commencing the travel, took all reasonable steps that were available—

(i) to carry out a relevant action in relation to a ticket for the whole of the travel; and

(ii) to carry out any additional actions necessary for the ticket to be made valid for the whole of the travel; and

(b) while undertaking the travel, had no reasonable opportunity—

(i) to carry out a relevant action in relation to a ticket for the whole of the travel and, if any additional actions were necessary for the ticket to be made valid for the whole of the travel, to carry out those actions; or

(ii) to carry out any additional actions necessary for a ticket in the possession of the person on boarding the passenger vehicle to be made valid for the whole of the travel; and

(c) on completion of the travel, without delay took all reasonable steps that were available—

(i) to carry out a relevant action in relation to a ticket for the whole of the travel and, if any additional actions were necessary for the ticket to be made valid for the whole of the travel, to carry out those actions; or

Reg. 12(1)(a) substituted by S.R. No. 84/2009 reg. 8(1).

Reg. 12(1)(b)(i) amended by S.R. No. 84/2009 reg. 8(2).

Reg. 12(1)(c)(i) amended by S.R. No. 84/2009 reg. 8(3).



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(ii) to carry out any additional actions necessary for a ticket in the possession of the person to be made valid for the whole of the travel.

(2) For the purposes of subregulation (1), if a person, while undertaking the travel referred to in that subregulation, at the first reasonable opportunity—

(a) carried out a relevant action in relation to a ticket for the whole of the travel and, if any additional actions were necessary for the ticket to be made valid for the whole of the travel, carried out those actions; or

(b) carried out any additional actions necessary for a ticket in the possession of the person on boarding the passenger vehicle to be made valid for the whole of the travel—

the requirements of paragraphs (b) and (c) of that subregulation are deemed to have been satisfied.

Example for regulation 12:

An example of an additional action necessary for a ticket that is a myki to be made valid for travel is to have the myki scanned by a smartcard reader and made valid.

(3) In this regulation, to carry out a relevant action in relation to a ticket for the whole of the travel means—

(a) in the case of a myki—

(i) to pay for travel in a passenger vehicle that consists of or includes the whole of the travel and have the details of the whole of the travel recorded on the myki; or

(ii) to have recorded on the myki sufficient value to pay for the whole of the travel; or

Reg. 12(2)(a) amended by S.R. No. 84/2009 reg. 8(4).

Example to reg. 12 substituted by S.R. No. 95/2013 reg. 4.Reg. 12(3) inserted by S.R. No. 84/2009 reg. 8(5).



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(iii) to—

(A) pay for travel in a passenger vehicle that consists of or includes part of the travel and have the details of that part of the travel recorded on the myki; and

(B) have recorded on the myki sufficient value to pay for the balance of the travel; or

(b) in the case of a ticket other than a myki, to purchase a ticket for the whole of the travel.

(4) Subregulations (1)(b)(ii) and (1)(c)(ii) apply in the case of a myki only if the myki has recorded on it—

(a) details of travel in a passenger vehicle for which payment has been made and which consists of or includes the whole of the travel referred to in those paragraphs; or

(b) sufficient value to pay for the whole of the travel referred to in those paragraphs; or

(c) details of travel in a passenger vehicle for which payment has been made and which consists of or includes part of the travel referred to in those paragraphs and sufficient value to pay for the balance of that travel.

13 Defence in relation to entry to a designated area

(1) It is a defence to a charge under regulation 6(2) or 8(2) that the person charged—

(a) before entering the designated area, took all reasonable steps that were available—

(i) to carry out a relevant action in relation to a ticket for that entry to the designated area; and

Reg. 12(4) inserted by S.R. No. 84/2009 reg. 8(5).

Reg. 13(1)(a)(i) substituted by S.R. No. 84/2009 reg. 9(1).



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(ii) to carry out any additional actions necessary for the ticket to be made valid for that entry; and

(b) while being in the designated area, had no reasonable opportunity—

(i) to carry out a relevant action in relation to a ticket for that entry to the designated area and, if any additional actions were necessary for the ticket to be made valid for that entry, to carry out those actions; or

(ii) to carry out any additional actions necessary for a ticket in the possession of the person to be made valid for that entry to the designated area; and

(c) on leaving the designated area, without delay took all reasonable steps that were available—

(i) to carry out a relevant action in relation to a ticket for that entry to the designated area and, if any additional actions were necessary for the ticket to be made valid for that entry, to carry out those actions; or

(ii) to carry out any additional actions necessary for a ticket in the possession of the person to be made valid for that entry to the designated area.

(2) For the purposes of subregulation (1), if a person, while being in a designated area referred to in that subregulation, at the first reasonable opportunity—

(a) carried out a relevant action in relation to a ticket for that entry to the designated area and, if any additional actions were necessary

Reg. 13(1)(b)(i) amended by S.R. No. 84/2009 reg. 9(2).

Reg. 13(1)(c)(i) amended by S.R. No. 84/2009 reg. 9(3).

Reg. 13(2)(a) amended by S.R. No. 84/2009 reg. 9(4).



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for the ticket to be made valid for that entry, carried out those actions; or

(b) carried out any additional actions necessary for a ticket in the possession of the person to be made valid for that entry to the designated area—

the requirements of paragraphs (b) and (c) of that subregulation are deemed to have been satisfied.

Example for regulation 13:

An example of an additional action necessary for a ticket that is a myki to be made valid for an entry to a designated area is to have the myki scanned by a smartcard reader and made valid.

(3) In this regulation, to carry out a relevant action in relation to a ticket for that entry to the designated area means—

(a) in the case of a myki—

(i) to pay for entry to a designated area that consists of or includes that entry to the designated area and have the details of that entry recorded on the myki; or

(ii) to have recorded on the myki sufficient value to pay for the entry to the designated area; or

(b) in the case of a ticket other than a myki, to purchase a ticket for the entry to the designated area.

(4) Subregulations (1)(b)(ii) and (1)(c)(ii) apply in the case of a myki only if the myki has recorded on it—

(a) details of entry to a designated area for which payment has been made and which consists of or includes the entry to the designated area referred to in those paragraphs; or

Example to reg. 13 substituted by S.R. No. 95/2013 reg. 5.Reg. 13(3) inserted by S.R. No. 84/2009 reg. 9(5).

Reg. 13(4) inserted by S.R. No. 84/2009 reg. 9(5).



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(b) sufficient value to pay for the entry to the designated area referred to in those paragraphs.

14 Insufficient time not a defence in certain circumstances

Without limiting the generality of regulations 12 and 13, for the purposes of those regulations, a person did not take all reasonable steps that were available to carry out a relevant action in relation to a ticket and, if required, carry out any additional actions referred to in those regulations before—

(a) commencing travel in a passenger train on which tickets are not normally available for purchase; or

(b) entering a designated area—

if the primary reason why the person did not carry out a relevant action in relation to a ticket or carry out the additional actions was because there was insufficient time to carry out a relevant action in relation to the ticket or carry out those additional actions.

14A Non-acceptance or withdrawal of offer of an opportunity to pay an on-the-spot penalty fare

(1) This regulation applies if—

(a) an opportunity to pay an on-the-spot penalty fare is offered to a person under section 212AA(1) of the Act; and

(b) either—

(i) the offer is not accepted under section 212AA(3) of the Act; or

(ii) the offer is withdrawn under section 212AA(4) of the Act.

Reg. 14 amended by S.R. No. 95/2013 reg. 6.

Reg. 14A inserted by S.R. No. 66/2014 reg. 5.



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(2) Regulations 12, 13 and 14 apply in relation to a relevant charge as if the offer of an opportunity to pay an on-the-spot penalty fare had not been made.

(3) In this regulation—

relevant charge means a charge in relation to—

(a) the ticket offence to which the offer of an opportunity to pay an on-the-spot penalty fare relates; or

(b) any other on-the-spot penalty ticket offence in respect of the same use of public transport services.



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Part 2A—On-the-spot penalty fares

14B On-the-spot penalty ticket offences

The offences against these regulations that are prescribed as on-the-spot penalty ticket offences are the offences against regulations 6(1), 6(2), 7(2), 8(2), 9(3) and 10(3).

14C On-the-spot penalty fare amount

The amount prescribed for an on-the-spot penalty ticket is $75.

* * * * *

14F Records in relation to the issuing of on-the-spot penalty tickets and the receipt of on-the-spot penalty fares

(1) The Public Transport Development Authority must assign a unique identifying number to each on-the-spot penalty ticket.

(2) For the purposes of section 220DE(1) of the Act, the prescribed records are—

(a) the number of on-the-spot penalty fares paid during each public transport day; and

Pt 2A (Heading and regs 14B–14G inserted by S.R. No. 66/2014 reg. 6.

Reg. 14B inserted by S.R. No. 66/2014 reg. 6.

Reg. 14C inserted by S.R. No. 66/2014 reg. 6, substituted by S.R. No. 69/2016 reg. 3.Regs 14D, 14E inserted by S.R. No. 66/2014 reg. 6, revoked by S.R. No. 69/2016 reg. 4.Reg. 14F inserted by S.R. No. 66/2014 reg. 6.



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(b) the receipt of those on-the-spot penalty fares by the Public Transport Development Authority.

(3) For the purposes of section 220DE(2) of the Act, the prescribed records are the unique identifying numbers of the on-the-spot penalty tickets issued, or caused to be issued, during each public transport day by authorised officers employed or engaged by the passenger transport company, the bus company or Bus Association Victoria.

(4) A record referred to in subregulation (2) or subregulation (3) must be kept for a period of 7 years commencing on the date the record was created.

(5) In this regulation, public transport day means the period beginning at 3.00 a.m. on a day and ending at 3.00 a.m. on the following day.

14G Form and manner of the records in relation to the issuing of on-the-spot penalty tickets and the receipt of on-the-spot penalty fares

(1) For the purposes of section 220DE(1) of the Act, the prescribed form and manner is to keep the records—

(a) in, or so as to be able to be read or reproduced in, the English language; and

(b) either in writing or electronically.

(2) For the purposes of section 220DE(2) of the Act, the prescribed form and manner is to keep the records—

(a) in, or so as to be able to be read or reproduced in, the English language; and

(b) either in writing or electronically; and

(c) otherwise to the satisfaction of the Public Transport Development Authority.

Reg. 14G inserted by S.R. No. 66/2014 reg. 6.



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26

Part 3—Ticket contracts and conditions15 Ticket contracts

(1) This regulation applies if a passenger transport company or a bus company is obliged under a contract with the Crown, or the Secretary on behalf of the Crown or the Public Transport Development Authority, to accept for travel in the company's passenger vehicles or entry to the company's designated areas a ticket that has not been issued by or on behalf of the company.

(2) If a person enters one of the company's passenger vehicles or designated areas in reliance on a ticket referred to in subregulation (1), on that entry, there is deemed to come into existence a contract between the company and the person for the travel in the passenger vehicle or entry to the designated area (as the case requires).

(3) If a person purchases a ticket referred to in subregulation (1) on one of the company's passenger vehicles for use in that vehicle, on that purchase, there is deemed to come into existence a contract between the company and the person for the travel in the passenger vehicle.

(4) The terms of a contract referred to in subregulation (2) or (3) are deemed to be all of the conditions to which the ticket is subject that are relevant to the travel in the passenger vehicle or entry to the designated area, as the case may be.

(5) A reference in this regulation—

(a) to the company's passenger vehicles is a reference to any passenger vehicle operated by, or on behalf of, the company; and

Reg. 15(1) amended by S.R. No. 22/2012 reg. 8.



27

(b) to the company's designated areas is a reference to any designated area that is owned or occupied by the company.

16 Ticket conditions

A ticket is subject to the condition that the passenger transport company or bus company providing the service to which the ticket relates may alter the service during the currency of the ticket, including for example—

(a) altering the mode of transport used to carry passengers;

(b) cancelling the service, wholly or in part;

(c) altering the point at which passengers will be picked up or set down.



28

Part 4—General17 Ticket not to be transferred

(1) A person who has begun to use a ticket that has not yet expired must not transfer that ticket to another person unless the conditions under which the ticket has been issued permit the transfer.


(2) A ticket is valid for travel in a passenger vehicle, or for entry to a designated area, only by the person who has begun to use it or a person to whom it may be transferred in accordance with subregulation (1).

18 Inspection etc. of ticket

If a ticket is produced for inspection under regulation 7 or 8, the authorised person (ticketing) may electronically test or read the ticket at the place where the inspection is being made.

19 Ticket to be surrendered

(1) An authorised officer, a member of the police force or a protective services officer may request the holder of a ticket or a purported ticket to surrender the ticket or purported ticket to the officer or member if the officer or member believes on reasonable grounds that the ticket or purported ticket may be required as evidence or that its surrender is otherwise necessary for the enforcement of the Act or these Regulations.

(2) The holder of a ticket or a purported ticket must without delay comply with a request made under subregulation (1).


Reg. 19(1) amended by S.R. Nos 114/2011 reg. 5(4), 131/2011 reg. 6(1).



29

(3) An authorised officer, a member of the police force or a protective services officer to whom a ticket or a purported ticket has been surrendered under subregulation (1) must, at the time of the surrender, give to the holder of the ticket or purported ticket a receipt for the ticket or purported ticket.

(4) A request must not be made under subregulation (1) for the surrender of a ticket unless conditions have been determined and published under section 220D of the Act which specify whether or not, if such a ticket is surrendered, the ticket will be replaced or a refund will be made, to the extent of the whole or part of any unused value remaining on the ticket at the time of surrender.

20 Additional requirements for buses etc.

(1) A person who—

(a) boards a bus or public commercial passenger vehicle for travel in respect of which a ticket is required; and

(b) requests from the driver a concession ticket for that travel—

must, at the same time as requesting the ticket, show the driver evidence of the person's entitlement to rely on the concession ticket for that travel.


(2) Subregulation (1) does not apply unless a sign stating that evidence of a person's entitlement to rely on a concession ticket must be shown to the driver when such a ticket is requested from the driver is placed in the bus or public commercial passenger vehicle so that it is clearly visible by a person who requests a ticket from the driver.

20A Bus drivers' ticketing obligations



Reg. 20 substituted by S.R. No. 84/2009 reg. 10.

Reg. 20A inserted by S.R. No. 74/2015 reg. 4.



30

(1) This regulation applies to the driver of a bus operated for the purpose of a regular passenger service if myki ticketing equipment is not installed on that bus.

(2) If a person who boards a bus does not hold a ticket that is valid for the whole of that person's travel in the bus, the driver must, unless there is a reasonable excuse for the driver not to do so—

(a) request that the person pay the correct fare for the whole of the person's travel in the bus, unless the person has already paid the correct fare; and

(b) on payment of the correct fare for the whole of the person's travel in the bus, issue the person with a ticket authorising that travel.


(3) If a person referred to in subregulation (2) does not take a ticket issued under subregulation (2)(b), the driver must, unless there is a reasonable excuse for the driver not to do so, immediately tear the ticket in half and ensure that the pieces of the ticket are left in the tray beside the driver that is used for the exchange of cash, tickets and other items between the driver and passengers until the person's travel in the bus ends.


20B Bus drivers' myki ticketing obligations

(1) This regulation applies to the driver of a bus operated for the purpose of a regular passenger service if myki ticketing equipment is installed on that bus and is operational.

(2) If a person who boards a bus requests the driver to sell the person a myki and gives the driver sufficient money, the driver must, unless there is

Reg. 20B inserted by S.R. No. 74/2015 reg. 4.



31

a reasonable excuse for the driver not to do so, issue a myki to the person.


(3) If a person who boards a bus requests the driver to accept money and have the value of that money recorded on a myki, the driver must, unless there is a reasonable excuse for the driver not to do so, comply with that request.


(4) If it appears to the driver that a person who boards a bus holds a myki, but has not had the myki scanned by a smartcard reader, the driver must, unless there is a reasonable excuse for the driver not to do so, request the person to have the myki scanned.


(5) If it appears to the driver that a person who boards a bus does not hold a ticket or that the ticket the person holds is not a myki, the driver must, unless there is a reasonable excuse for the driver not to do so, request the person to produce for inspection a ticket that is valid for the whole of the person's travel in the bus.


20C Obligation to produce a ticket valid for travel

A person must not, without reasonable excuse, fail to comply with a request made under regulation 20B(5).


21 Convictions or findings of guilt for certain offences

Reg. 20C inserted by S.R. No. 74/2015 reg. 4.



32

(1) If a person commits an offence against more than one of regulation 6(1), 7(2), 9(3) or 20(1) in respect of the same travel in a passenger vehicle, the person must not be convicted or found guilty of more than one of those offences.

(2) If a person commits an offence against more than one of regulation 6(2), 8(2) or 10(3) in respect of the same entry to a designated area, the person must not be convicted or found guilty of more than one of those offences.

22 Exemptions

Regulations 6, 7, 8 and 20 do not apply in relation to anything done or omitted to be done by—

(a) a member of the police force, a protective services officer or an authorised officer acting in the course of his or her duties;

(b) a person employed by a passenger transport company or a bus company acting in the course of his or her duties;

(c) a person (other than a person referred to in paragraph (a) or (b)) who is authorised in writing to do or not do the thing by—

(i) a passenger transport company or a bus company in respect of that company's passenger vehicles or designated areas owned or occupied by that company; or

(ii) the Secretary or the Public Transport Development Authority;

(d) a person who—

(i) is travelling in a passenger vehicle; or

Reg. 21(1) amended by S.R. No. 95/2013 reg. 7.

Reg. 22(a) amended by S.R. No. 131/2011 reg. 7.

Reg. 22(c)(ii) amended by S.R. No. 22/2012 reg. 9(1).

Reg. 22(d) amended by S.R. No. 22/2012 reg. 9(2).



33

(ii) is in a designated area—

if the passenger transport company or bus company or the Secretary or the Public Transport Development Authority has determined that a ticket is not required for that travel or that entry to the designated area.Examples for paragraph (d):

Free travel to a major event.

The Heritage City Circle Tram Service.

23 Prescribed kinds of portable device

For the purposes of the definition of hand held reader in section 208 of the Act, each of the following is a prescribed kind of portable device—

(a) the Motorola MobileCompia (M3) MC6500S;

(b) the M3 Mobile M3 Orange.

24 Prescribed devices

The devices set out in the Table in Schedule 1 are prescribed devices for the purposes of sections 230AB, 230AD and 230AE of the Act.

25 Prescribed processes

(1) The processes set out in Schedule 2 are prescribed processes for the purposes of Division 5 of Part VII of the Act.

(2) For the purposes of a process referred to in subregulation (1), the central computer system is a prescribed computer system.

Reg. 23 inserted by S.R. No. 95/2010 reg. 5, substituted by S.R. No. 75/2015 reg. 3.

Reg. 24 inserted by S.R. No. 114/2011 reg. 7.

Reg. 25 inserted by S.R. No. 114/2011 reg. 7.



34

Schedule 1—Prescribed devicesRegulation 24

Table

Item Device

1 The device known as a TTA: ACS Expert 900 Melbourne: CVM/AVM-s, also known as a myki machine (stationary), if fitted with an operational smartcard security access module.

2 The device known as a Parkeon (Wayfarer) TCON product Melbourne: Bus Driver Console BDC, also known as a Bus Driver Console, if fitted with an operational smartcard security access module.

3 The device known as a Parkeon (Wayfarer) TCON product Melbourne: Depot Card Management Console, also known as a Depot Card Management Console, if fitted with an operational smartcard security access module.

4 The device known as a Parkeon (Wayfarer) ICON Product Melbourne: Primary Tram Driver Console TDC, also known as a Tram Driver Console, if fitted with an operational smartcard security access module.

5 The device known as a Parkeon (Wayfarer) ICON Product Melbourne: Secondary Tram Driver Console TDC, if fitted with an operational smartcard security access module.

6 The device known as an ACS Product family EVD121 Melbourne: Standalone Enquiry Machine (SEM), also known as a myki check, if fitted with an operational smartcard security access module.

7 The device known as a Melbourne: Ticket Office Machine (Terminal) Fixed (TOM/TOT-F), if fitted with an operational smartcard security access module.

8 The device known as a Melbourne: Ticket Office Machine (Terminal) Mobile (TOM/TOT-M), if fitted with an operational smartcard security access module.

9 The device known as a Melbourne: Ticket Office Machine (Terminal) Smart Card Management Terminal (TOM SMT), if fitted with an operational smartcard security access module.

Sch. substituted as Sch. 1 by S.R. No. 114/2011 reg. 8, amended by S.R. Nos 75/2015 reg. 4, 35/2016 reg. 3.



35

Item Device

10 The device known as an ACS Product family EVD240 Melbourne: Fare Payment Device Mobile, also known as a myki reader, if fitted with an operational smartcard security access module.

11 The device known as an ACS Product family EVD141 Melbourne: Fare Payment Device Stationary, also known as a myki reader, if fitted with an operational smartcard security access module.

12 The device known as an ACS Product family EVD360 Melbourne: Fare Payment Device Mobile, also known as a myki reader, if fitted with an operational smartcard security access module.

13 The device known as a PSION WORKABOUT PRO S Model 7527S-G2, if fitted with an operational smartcard security access module.

14 The device known as an ACS Electronic Validation Device EVD340, also known as a myki reader, if fitted with an operational smartcard security access module.

15 An operator access card.

16 A vehicle control unit.

17 The device known as a Vix Product family iVal CR6000 Fare Payment Device, also known as a myki reader, if fitted with an operational smartcard security access module.

18 The device known as a Vix Product family iVal CP6500 Fare Payment Device, also known as a myki reader, if fitted with an operational smartcard security access module.

19 The device known as a Vix Product family DC6000 Primary Tram Driver Console, also known as a TDC, if fitted with an operational smartcard security access module.

20 The device known as a Vix Product family DC6000 Secondary Tram Driver Console, also known as a TDC, if fitted with an operational smartcard security access module.



36

Schedule 2—Prescribed processesRegulation 25

Information transferred etc. to and from myki machines

1 The process containing the steps set out in the following paragraphs—

(a) either or both of the following—

(i) copying or transferring, between a TTA: ACS Expert 900 Melbourne: CVM/AVM-s and a smartcard, information relating to one or a combination of the following—

(A) that smartcard;

(B) the use of that smartcard;

(C) entitlements to use a public transport service;

(ii) loading onto a TTA: ACS Expert 900 Melbourne: CVM/AVM-s information relating to one or a combination of the following—

(A) smartcards;

(B) the sale and use of smartcards;


(b) storing information copied, transferred or loaded as described in paragraph (a) by a TTA: ACS Expert 900 Melbourne: CVM/AVM-s;

(c) transferring or copying information stored as described in paragraph (b) by means of either or both a wired or wireless network to the central computer system;

Sch. 2 inserted by S.R. No. 114/2011 reg. 8.



37

(d) storing information transferred or copied as described in paragraph (c) by the central computer system;

(e) producing a printed record of information stored as described in paragraph (d).


(a) loading onto the central computer system information relating to one or a combination of the following—

(i) smartcards;

(ii) the use of smartcards;

(iii) entitlements to use a public transport service;

(b) storing the information loaded as described in paragraph (a) by the central computer system;

(c) copying information stored as described in paragraph (b) by means of either or both a wired or wireless network to a TTA: ACS Expert 900 Melbourne: CVM/AVM-s;

(d) storing by the central computer system information relating to the copying of the information copied as described in paragraph (c);

(e) producing a printed record of information stored as described in paragraph (b) or (d).

Information transferred etc. to and from bus driver consoles


(a) loading onto a Parkeon (Wayfarer) TCON product Melbourne: Bus Driver Console BDC installed on a bus one or a combination of the following—

(i) information relating to the vehicle identification of that bus;



38

(ii) information relating to the route of that bus;

(iii) information from a global positioning system relevant to determining the location of that bus;

(b) storing by that Parkeon (Wayfarer) TCON product Melbourne: Bus Driver Console BDC either or both of the following—

(i) information loaded as described in paragraph (a);

(ii) information generated by that Parkeon (Wayfarer) TCON product Melbourne: Bus Driver Console BDC relating to the location of that bus;

(c) copying information stored as described in paragraph (b) to an ACS Product family EVD240 Melbourne: Fare Payment Device Mobile installed on that bus.


(a) loading onto a Parkeon (Wayfarer) TCON product Melbourne: Bus Driver Console BDC installed on a bus information relating to either or both of the following—

(i) the vehicle identification of that bus;

(ii) the route of that bus;

(b) storing information loaded as described in paragraph (a) by that Parkeon (Wayfarer) TCON product Melbourne: Bus Driver Console BDC;

(c) transferring or copying the information stored as described in paragraph (b) to a vehicle control unit installed on that bus;

(d) storing information transferred or copied as described in paragraph (c) by that vehicle control unit;



39

(e) transferring or copying the information stored as described in paragraph (d) to an ACS Product family EVD240 Melbourne: Fare Payment Device Mobile installed on that bus.


(a) loading onto a Parkeon (Wayfarer) TCON product Melbourne: Bus Driver Console BDC installed on a bus one or a combination of the following—

(i) information relating to the vehicle identification of that bus;

(ii) information relating to the route of that bus;

(iii) information from a global positioning system relevant to determining the location of that bus;

(b) storing by that Parkeon (Wayfarer) TCON product Melbourne: Bus Driver Console BDC either or both of the following—

(i) information loaded as described in paragraph (a)(i) and (ii);

(ii) information generated by that Parkeon (Wayfarer) TCON product Melbourne: Bus Driver Console BDC relating to the location of that bus;

(c) either or both of the following—

(i) copying or transferring between that Parkeon (Wayfarer) TCON product Melbourne: Bus Driver Console BDC and a smartcard information relating to one or a combination of the following—

(A) that smartcard;




40


(ii) loading onto that Parkeon (Wayfarer) TCON product Melbourne: Bus Driver Console BDC information relating to one or a combination of the following—

(A) smartcards;



(d) storing information copied, transferred or loaded as described in paragraph (c) by that Parkeon (Wayfarer) TCON product Melbourne: Bus Driver Console BDC;

(e) transferring or copying information stored as described in paragraph (b) or (d) by means of either or both a wired or wireless network to the central computer system;

(f) storing information transferred or copied as described in paragraph (e) by the central computer system;

(g) producing a printed record of information stored as described in paragraph (f).


(a) one or a combination of the following—

(i) loading onto a Parkeon (Wayfarer) TCON product Melbourne: Bus Driver Console BDC installed on a bus information relating to one or a combination of the following—

(A) the vehicle identification of that bus;

(B) the route of that bus;

(C) the location of that bus;



41

(ii) copying or transferring, between a Parkeon (Wayfarer) TCON product Melbourne: Bus Driver Console BDC installed on a bus and a smartcard, information relating to one or a combination of the following—

(A) that smartcard;



(iii) loading onto a Parkeon (Wayfarer) TCON product Melbourne: Bus Driver Console BDC information relating to one or a combination of the following—

(A) smartcards;



(b) storing information loaded, copied or transferred as described in paragraph (a) by that Parkeon (Wayfarer) TCON product Melbourne: Bus Driver Console BDC;

(c) transferring or copying information stored as described in paragraph (b) to a vehicle control unit installed on that bus;

(d) storing the information transferred or copied as described in paragraph (c) by that vehicle control unit;

(e) transferring or copying information stored as described in paragraph (d) by means of either or both a wired or wireless network to the central computer system;




42




(i) smartcards;




(c) copying information stored as described in paragraph (b) by means of either or both a wired or wireless network to a Parkeon (Wayfarer) TCON product Melbourne: Bus Driver Console BDC installed on a bus;





(i) smartcards;






43

(c) copying information stored as described in paragraph (b) by means of either or both a wired or wireless network to a vehicle control unit installed on a bus;

(d) storing information copied as described in paragraph (c) by that vehicle control unit;

(e) transferring or copying information stored as described in paragraph (d) to a Parkeon (Wayfarer) TCON product Melbourne: Bus Driver Console BDC installed on that bus;

(f) storing by the central computer system information relating to the copying of the information copied as described in paragraph (c);

(g) producing a printed record of information stored as described in paragraph (b) or (f).

Information transferred etc. to and from a vehicle control unit installed on a bus


(a) loading onto a vehicle control unit installed on a bus information from a global positioning system relevant to determining the location of that bus;

(b) storing by that vehicle control unit information generated by that vehicle control unit relating to the location of that bus;

(c) transferring or copying the information stored as described in paragraph (b) to a Parkeon (Wayfarer) TCON product Melbourne: Bus Driver Console BDC installed on that bus or to an ACS Product family EVD240 Melbourne: Fare Payment Device Mobile installed on that bus.



44

Information transferred etc. to and from an operator access card


(a) loading information relating to the unique identifying number assigned to an authorised officer or the driver of a bus or a tram onto a Parkeon (Wayfarer) TCON product Melbourne: Depot Card Management Console;

(b) transferring or copying the information loaded as described in paragraph (a) to an operator access card;

(c) storing the information transferred or copied as described in paragraph (b) by that operator access card;

(d) copying the information stored as described in paragraph (c) between that operator access card and another prescribed device so as to give the authorised officer or driver access to that other prescribed device;

(e) storing the information copied as described in paragraph (d) by the other prescribed device referred to in paragraph (d);

(f) transferring or copying information stored as described in paragraph (e) by means of either or both a wired or wireless network to the central computer system;

(g) storing information transferred or copied as described in paragraph (f) by the central computer system;

(h) producing a printed record of information stored as described in paragraph (g).



45

Information transferred etc. to and from primary tram driver consoles


(a) loading onto a Parkeon (Wayfarer) ICON Product Melbourne: Primary Tram Driver Console TDC installed on a tram one or a combination of the following—

(i) information relating to the vehicle identification of that tram;

(ii) information relating to the route of that tram;

(iii) information from a global positioning system relevant to determining the location of that tram;

(b) storing by that Parkeon (Wayfarer) ICON Product Melbourne: Primary Tram Driver Console TDC either or both of the following—


(ii) information generated by that Parkeon (Wayfarer) ICON Product Melbourne: Primary Tram Driver Console TDC relating to the location of that tram;

(c) copying information stored as described in paragraph (b) to an ACS Product family EVD240 Melbourne: Fare Payment Device Mobile installed on that tram.


(a) loading onto a Parkeon (Wayfarer) ICON Product Melbourne: Primary Tram Driver Console TDC installed on a tram information relating to either or both of the following—



46

(i) the vehicle identification of that tram;

(ii) the route of that tram;

(b) storing information loaded as described in paragraph (a) by that Parkeon (Wayfarer) ICON Product Melbourne: Primary Tram Driver Console TDC;

(c) transferring or copying information stored as described in paragraph (b) to a vehicle control unit installed on that tram;


(e) transferring or copying the information stored as described in paragraph (d) to an ACS Product family EVD240 Melbourne: Fare Payment Device Mobile installed on that tram.









47















48

14A The process containing the steps set out in the following paragraphs—

(a) loading onto a Vix Product family DC6000 Primary Tram Driver Console installed on a tram one or a combination of the following—

(i) information relating to the vehicle identification of that tram;

(ii) information relating to the route of that tram;

(iii) information from a global positioning system relevant to determining the location of that tram;

(b) storing by that Vix Product family DC6000 Primary Tram Driver Console either or both of the following—


(ii) information generated by that Vix Product family DC6000 Primary Tram Driver Console relating to the location of that tram;

(c) copying information stored as described in paragraph (b) to a Vix Product family iVal CP6500 Fare Payment Device installed on that tram.

14B The process containing the steps set out in the following paragraphs—

(a) loading onto a Vix Product family DC6000 Primary Tram Driver Console installed on a tram information relating to either or both of the following—



Sch. 2 item 14A inserted by S.R. No. 35/2016 reg. 4(1).

Sch. 2 item 14B inserted by S.R. No. 35/2016 reg. 4(1).



49

(b) storing information loaded as described in paragraph (a) by that Vix Product family DC6000 Primary Tram Driver Console;




Information transferred etc. to and from a vehicle control unit installed on a tram


(a) loading onto a vehicle control unit installed on a tram information from a global positioning system relevant to determining the location of that tram;

(b) storing by that vehicle control unit information generated by that vehicle control unit relating to the location of that tram;

(c) transferring or copying the information stored as described in paragraph (b) to an ACS Product family EVD240 Melbourne: Fare Payment Device Mobile installed on that tram.

Information transferred etc. to and from ticket office machines



(i) copying or transferring, between a Melbourne: Ticket Office Machine (Terminal) Fixed (TOM/TOT-F) and a



50

smartcard, information relating to one or a combination of the following—

(A) that smartcard;



(ii) loading onto a Melbourne: Ticket Office Machine (Terminal) Fixed (TOM/TOT-F) information relating to one or a combination of the following—

(A) smartcards;



(b) storing information copied, transferred or loaded as described in paragraph (a) by a Melbourne: Ticket Office Machine (Terminal) Fixed (TOM/TOT-F);






(i) smartcards;



51




(c) copying information stored as described in paragraph (b) by means of either or both a wired or wireless network to a Melbourne: Ticket Office Machine (Terminal) Fixed (TOM/TOT-F);





(i) copying or transferring, between a Melbourne: Ticket Office Machine (Terminal) Mobile (TOM/TOT-M) and a smartcard, information relating to one or a combination of the following—

(A) that smartcard;



(ii) loading onto a Melbourne: Ticket Office Machine (Terminal) Mobile (TOM/TOT-M) information relating to one or a combination of the following—

(A) smartcards;




52


(b) storing information copied, transferred or loaded as described in paragraph (a) by a Melbourne: Ticket Office Machine (Terminal) Mobile (TOM/TOT-M);






(i) smartcards;




(c) copying information stored as described in paragraph (b) by means of either or both a wired or wireless network to a Melbourne: Ticket Office Machine (Terminal) Mobile (TOM/TOT-M);




53




(i) copying or transferring, between a Melbourne: Ticket Office Machine (Terminal) Smart Card Management Terminal (TOM SMT) and a smartcard, information relating to one or a combination of the following—

(A) that smartcard;



(ii) loading onto a Melbourne: Ticket Office Machine (Terminal) Smart Card Management Terminal (TOM SMT) information relating to one or a combination of the following—

(A) smartcards;



(b) storing information copied, transferred or loaded as described in paragraph (a) by a Melbourne: Ticket Office Machine (Terminal) Smart Card Management Terminal (TOM SMT);




54





(i) smartcards;




(c) copying information stored as described in paragraph (b) by means of either or both a wired or wireless network to a Melbourne: Ticket Office Machine (Terminal) Smart Card Management Terminal (TOM SMT);



Information transferred etc. to and from myki readers


(a) copying or transferring, between an ACS Product family EVD240 Melbourne: Fare Payment Device Mobile installed on a bus and a smartcard,



55

information relating to one or a combination of the following—



(iii) the location of that bus;

(iv) that smartcard;

(v) the use of that smartcard;

(vi) entitlements to use a public transport service;

(b) storing by an ACS Product family EVD240 Melbourne: Fare Payment Device Mobile installed on a bus information relating to one or a combination of the following—




(iv) smartcards;

(v) the use of smartcards;







56


(a) copying or transferring, between an ACS Product family EVD240 Melbourne: Fare Payment Device Mobile installed on a bus and a smartcard, information relating to one or a combination of the following—







(b) storing by an ACS Product family EVD240 Melbourne: Fare Payment Device Mobile installed on a bus information relating to one or a combination of the following—




(iv) smartcards;



(c) transferring or copying information stored as described in paragraph (b) to a vehicle control unit installed on that bus;




57





(a) copying or transferring, between an ACS Product family EVD240 Melbourne: Fare Payment Device Mobile installed on a tram and a smartcard, information relating to one or a combination of the following—



(iii) the location of that tram;




(b) storing by an ACS Product family EVD240 Melbourne: Fare Payment Device Mobile installed on a tram information relating to one or a combination of the following—




(iv) smartcards;





58





(a) copying or transferring, between an ACS Product family EVD240 Melbourne: Fare Payment Device Mobile installed on a tram and a smartcard, information relating to one or a combination of the following—







(b) storing by an ACS Product family EVD240 Melbourne: Fare Payment Device Mobile installed on a tram information relating to one or a combination of the following—




(iv) smartcards;





59








(i) smartcards;




(c) copying information stored as described in paragraph (b) by means of either or both a wired or wireless network to an ACS Product family EVD240 Melbourne: Fare Payment Device Mobile;



60





(i) smartcards;




(c) copying information stored as described in paragraph (b) by means of either or both a wired or wireless network to a vehicle control unit installed on a bus or a tram;

(d) storing the information copied as described in paragraph (c) by that vehicle control unit;

(e) transferring the information stored as described in paragraph (d) to an ACS Product family EVD240 Melbourne: Fare Payment Device Mobile installed on the bus or the tram (as the case may be);

(f) storing by the central computer system information relating to the copying of the information copied as described in paragraph (c);

(g) producing a printed record of information stored as described in paragraph (b) or (f).

27AThe process containing the steps set out in the following paragraphs—

Sch. 2 item 27A inserted by S.R. No. 35/2016 reg. 4(2).



61

(a) copying or transferring, between a Vix Product family iVal CP6500 Fare Payment Device installed on a tram and a smartcard, information relating to one or a combination of the following—







(b) storing by a Vix Product family iVal CP6500 Fare Payment Device installed on a tram information relating to one or a combination of the following—




(iv) smartcards;







Sch. 2 item 27B inserted by S.R. No. 35/2016 reg. 4(2).



62


(i) smartcards;




(c) copying information stored as described in paragraph (b) by means of either or both a wired or wireless network to a Vix Product family iVal CP6500 Fare Payment Device;




(a) copying or transferring, between an ACS Product family EVD141 Melbourne: Fare Payment Device Stationary and a smartcard, information relating to one or a combination of the following—

(i) that smartcard;

(ii) the use of that smartcard;


(iv) the location of that ACS Product family EVD141 Melbourne: Fare Payment Device Stationary;

(b) storing by an ACS Product family EVD141 Melbourne: Fare Payment Device Stationary information relating to one or a combination of the following—



63

(i) smartcards;



(iv) the location of that ACS Product family EVD141 Melbourne: Fare Payment Device Stationary;






(i) smartcards;




(c) copying information stored as described in paragraph (b) by means of either or both a wired or wireless network to an ACS Product family EVD141 Melbourne: Fare Payment Device Stationary;




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(a) copying or transferring, between an ACS Product family EVD360 Melbourne: Fare Payment Device Mobile and a smartcard, information relating to one or a combination of the following—

(i) that smartcard;



(iv) the location of that ACS Product family EVD360 Melbourne: Fare Payment Device Mobile;

(b) storing by an ACS Product family EVD360 Melbourne: Fare Payment Device Mobile information relating to one or a combination of the following—

(i) smartcards;



(iv) the location of that ACS Product family EVD360 Melbourne: Fare Payment Device Mobile;






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(i) smartcards;




(c) copying information stored as described in paragraph (b) by means of either or both a wired or wireless network to an ACS Product family EVD360 Melbourne: Fare Payment Device Mobile;




(a) copying or transferring, between an ACS Electronic Validation Device EVD340 and a smartcard, information relating to one or a combination of the following—

(i) that smartcard;



(iv) the location of that ACS Electronic Validation Device EVD340;



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(b) storing by an ACS Electronic Validation Device EVD340 information relating to one or a combination of the following—

(i) smartcards;



(iv) the location of that ACS Electronic Validation Device EVD340;






(i) smartcards;




(c) copying information stored as described in paragraph (b) by means of either or both a wired or wireless network to an ACS Electronic Validation Device EVD340;



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33A The process containing the steps set out in the following paragraphs—

(a) copying or transferring, between a Vix Product family iVal CR6000 Fare Payment Device and a smartcard, information relating to one or a combination of the following—

(i) that smartcard;



(iv) the location of that Vix Product family iVal CR6000 Fare Payment Device;

(b) storing by a Vix Product family iVal CR6000 Fare Payment Device information relating to one or a combination of the following—

(i) smartcards;



(iv) the location of that Vix Product family iVal CR6000 Fare Payment Device;



Sch. 2 item 33A inserted by S.R. No. 75/2015 reg. 5.



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(i) smartcards;




(c) copying information stored as described in paragraph (b) by means of either or both a wired or wireless network to a Vix Product family iVal CR6000 Fare Payment Device;



Information transferred etc. to and from hand held devices



(i) copying or transferring, between a Handheld Retail and a smartcard, information relating to one or a combination of the following—

(A) that smartcard;



Sch. 2 item 33B inserted by S.R. No. 75/2015 reg. 5.



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(ii) loading onto a Handheld Retail information relating to one or a combination of the following—

(A) smartcards;



(b) storing information copied, transferred or loaded as described in paragraph (a) by a Handheld Retail;






(i) smartcards;




(c) copying information stored as described in paragraph (b) by means of either or both a wired or wireless network to a Handheld Retail;



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(i) copying or transferring, between a Handheld V/Line and a smartcard, information relating to one or a combination of the following—

(A) the vehicle identification of a train;

(B) the route of that train;

(C) the location of that train;

(D) that smartcard;

(E) the use of that smartcard;

(F) entitlements to use a public transport service;

(ii) loading onto a Handheld V/Line information relating to one or a combination of the following—

(A) the vehicle identification of a train;

(B) the route of that train;

(C) the location of that train;

(D) smartcards;

(E) the sale and use of smartcards;

(F) entitlements to use a public transport service;

(b) storing information copied, transferred or loaded as described in paragraph (a) by a Handheld V/Line;



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(i) smartcards;




(c) copying information stored as described in paragraph (b) by means of either or both a wired or wireless network to a Handheld V/Line;






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(a) copying from a smartcard produced to an authorised officer for inspection to a hand held reader being used by that authorised officer for the purposes of that inspection information relating to one or a combination of the following—

(i) that smartcard;



(iv) the vehicle identification of a train, tram or bus;

(v) the route of a train, tram or bus;

(vi) the location of a train, tram or bus;

(vii) the location of a prescribed device (other than that smartcard or that hand held reader);

(b) storing information copied as described in paragraph (a) by that hand held reader;





(a) copying from a smartcard produced to an authorised officer for inspection to a hand held reader being used by that authorised officer for the purposes of that inspection information relating to one or a combination of the following—

(i) that smartcard;



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(iv) the vehicle identification of a train, tram or bus;

(v) the route of a train, tram or bus;

(vi) the location of a train, tram or bus;

(vii) the location of a prescribed device (other than that smartcard or that hand held reader);

(b) storing information copied as described in paragraph (a) by that hand held reader;

(c) producing a printed record of information stored as described in paragraph (b).

Transfer etc. of information relating to the operation of prescribed devices


(a) transferring information relating to the operation of a prescribed device (other than a smartcard) from that prescribed device by means of either or both a wired or wireless network to the central computer system;

(b) storing information transferred as described in paragraph (a) by the central computer system;

(c) producing a printed record of information stored as described in paragraph (b).


(a) storing by the central computer system information generated by the central computer



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system relating to the operation of a prescribed device (other than a smartcard);

(b) producing a printed record of information stored as described in paragraph (a).

═══════════════



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Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

The Transport (Ticketing) Regulations 2006, S.R. No. 86/2006 were made on 4 July 2006 by the Governor in Council under sections 56, 162, 215 and 221AA of the Transport Act 1983, No. 9921/1983 and came into operation on 31 July 2006: regulation 3.

The Transport (Ticketing) Regulations 2006 will sunset on 2 July 2017: see the Subordinate Legislation (Transport (Ticketing) Regulations 2006) Extension Regulations 2016, S.R. No. 66/2016.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A)(2B).



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http://www.legislation.vic.gov.au/

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after 1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after 1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).



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2 Table of AmendmentsThis publication incorporates amendments made to the Transport (Ticketing) Regulations 2006 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Transport (Ticketing) Amendment (Mykis and Other Smartcards) Regulations 2009, S.R. No. 84/2009

Date of Making: 21.7.09Date of Commencement: 21.7.09

Transport (Ticketing) Amendment (Portable Devices) Regulations 2010, S.R. No. 95/2010


Transport (Compliance and Miscellaneous) (Ticketing) Amendment Regulations 2011, S.R. No. 114/2011


Transport (Conduct) and (Ticketing) Amendment (Protective Services Officers) Regulations 2011, S.R. No. 131/2011

Date of Making: 22.11.11Date of Commencement: Regs 5–7 on 28.11.11: reg. 3

Transport (Conduct), (Passenger Vehicles) and (Ticketing) Amendment (Public Transport Development Authority) Regulations 2012, S.R. No. 22/2012

Date of Making: 27.3.12Date of Commencement: 2.4.12: reg. 3

Transport (Ticketing) Amendment Regulations 2013, S.R. No. 95/2013Date of Making: 2.7.13Date of Commencement: 2.7.13

Transport (Ticketing) Amendment (On-the-Spot Penalty Fares) Regulations 2014, S.R. No. 66/2014

Date of Making: 17.6.14Date of Commencement: Regs 4–6 on 1.7.14: reg. 3

Transport (Ticketing) Amendment (Bus Drivers' Obligations) Regulations 2015, S.R. No. 74/2015


Transport (Ticketing) Amendment (Prescribed Devices and Processes) Regulations 2015, S.R. No. 75/2015




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Transport (Ticketing) Amendment (Prescribed Devices and Processes) Regulations 2016, S.R. No. 35/2016






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3 Amendments Not in OperationThere are no amendments which were Not in Operation at the date of this publication.



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4 Explanatory details

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2015 is $151.67.

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.



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Transport (Ticketing) Regulations 2006FILE/06-86sr014.docx · Web viewOCPC Victoria, Word 2007,...

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Transcript of Transport (Ticketing) Regulations 2006FILE/06-86sr014.docx · Web viewOCPC Victoria, Word 2007,...