Reg. 2 amended by S.R. Nos 95/2010 reg. 3, 114/2011 reg. 3. 2 Authorising provisions 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. Reg. 4 revoked by S.R. No. 114/2011 reg. 4. * * * * * 5 Definitions and reference provision (1) In these Regulations— Reg. 5(1) def. of authorised officer amended by S.R. No. 114/2011 reg. 5(1). authorised officer has the same meaning as in section 208 of the Act; Reg. 5(1) def. of authorised person (ticketing) amended by S.R. Nos 131/2011 reg. 5(a), 22/2012 reg. 7(a). 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
(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; Reg. 5(1) def. of protective services officer inserted by S.R. No. 131/2011 reg. 5(b). protective services officer means a protective services officer appointed under section 118B(l) of the Police Regulation Act 1958; Reg. 5(1) def. of public commercial passenger vehicle amended by S.R. No. 114/2011 reg. 5(1). public commercial passenger vehicle has the same meaning as in section 86(1) of the Act; Reg. 5(1) def. of regular passenger service inserted by S.R. No. 74/2015 reg. 3. regular passenger service has the same meaning as in the Bus Services Act 1995; 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. retail agent means a person (other than a passenger transport company or a bus company) engaged by the Public Transport 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;
part of a railway station that is a designated area; Reg. 5(1) def. of ticket validating machine amended by S.R. No. 84/2009 reg. 4(f). 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; Reg. 5(1) def. of train amended by S.R. No. 114/2011 reg. 6(3). train includes a single carriage (whether powered or not) which does not form part of a set or series of carriages; Reg. 5(1) def. of vehicle control unit inserted by S.R. No. 114/2011 reg. 6(2). 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 transferring or copying such information to prescribed devices installed on the bus or tram;
(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. Division 1—Obligations 6 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. 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. 5 penalty units. Note 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—
Reg. 14B inserted by S.R. No. 66/2014 reg. 6. 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). Reg. 14C inserted by S.R. No. 66/2014 reg. 6, substituted by S.R. No. 69/2016 reg. 3. 14C On-the-spot penalty fare amount The amount prescribed for an on-the-spot penalty ticket is $75. 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. 14F Records in relation to the issuing of onthespot penalty tickets and the receipt of onthespot 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 (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
(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 Reg. 22(c)(ii) amended by S.R. No. 22/2012 reg. 9(1). (ii) the Secretary or the Public Transport Development Authority; Reg. 22(d) amended by S.R. No. 22/2012 reg. 9(2). (d) a person who— (i) is travelling in a passenger vehicle; or (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 Tram Service. Reg. 23 inserted by S.R. No. 95/2010 reg. 5, substituted by S.R. No. 75/2015 reg. 3. 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.
(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; (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). 17 The process containing the steps set out in the following paragraphs— (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 Melbourne: Ticket Office Machine (Terminal) Fixed (TOM/TOT-F); (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). 18 The process containing the steps set out in the following paragraphs— (a) either or both of the following— (i) copying or transferring, between a Melbourne: Ticket Office Machine