Subdiv 2Provisions applying in relation to regular passenger services

Subdivision 2—Provisions applying in relation to regular passenger services 106—Payment of fares and charges (1) A person must not travel or attempt to travel on a regular passenger service vehicle without paying the appropriate fare or charge. (2) In proceedings for an offence against subregulation (1), it is a defence to prove that the defendant did not have a reasonable opportunity to pay the appropriate fare or charge. (3) A person who boards a regular passenger service vehicle without a ticket must immediately purchase a ticket. (4) In proceedings for an offence against subregulation (3), it is a defence to prove that the defendant was unable to comply with that subregulation because of a disability. (5) A person must not— (a) fail to leave a regular passenger service vehicle on arriving at the point to which the person has paid the fare or charge to which a ticket applies; or (b) use a ticket, student identification card, travel concession card or pass that the person is not entitled to use (or not entitled to use in that case), or that is no longer valid. (6) In proceedings for an offence against subregulation (3) or (5), it is a defence to prove that the act or omission constituting the offence was attributable to an honest and reasonable mistake on the defendant's part. (7) This regulation does not apply to a person who is authorised by the Minister, the regular passenger service operator or an authorised person to travel without a ticket. (8) In subregulation (7)— 107—Validation of tickets (1) A person who holds a ticket must validate their ticket each time they board a regular passenger service vehicle in which a ticket validator is installed. (2) In proceedings for an offence against subregulation (1), it is a defence to prove that— (a) the defendant did not have a reasonable opportunity to validate the ticket; or (b) the failure to validate the ticket was attributable to an honest and reasonable mistake on the defendant's part; or (c) the defendant was unable to comply with that subregulation because of a disability. (3) A person must not use a ticket that has been validated by another person until the period for which it was last validated has expired. (4) This regulation does not apply to a person who is authorised by the Minister, the regular passenger service operator or an authorised person to travel without a ticket. (5) In subregulation (4)— 108—Inspection or surrender of tickets (1) A person— (a) who has boarded a regular passenger service vehicle; or (b) who is at a passenger station and apparently intends to board a regular passenger service vehicle, must immediately allow an authorised person access to their ticket, student identification card, travel concession card or pass for inspection or validation, when requested to do so by the authorised person. (2) The holder of a ticket must, as directed by a sign displayed by a regular passenger service operator or at the request of an authorised person, surrender the ticket at the end of the journey or period for which the ticket was issued. (3) In proceedings for an offence against subregulation (2), it is a defence to prove that the defendant did not comply with the subregulation because of a disability. 109—Possession of concession cards A person must not travel on a regular passenger service vehicle using a concessional ticket unless— (a) they are a student personally in possession of a valid student identification card; or (b) they are personally in possession of a valid travel concession card. 110—Special provision for declared areas (1) In this regulation— declared area means— (a) the paid concourse or platform area of the Adelaide Railway Station; or (b) that part of the concourse, platform or other public area of a passenger station where a regular passenger service operator has, under an arrangement with the Minister, established an area for the purposes of this regulation; or (c) an area determined by the Minister, by notice in the Gazette, to be a declared area for the purposes of this regulation. (2) A declared area may be established for the purposes of this regulation— (a) as a special area where a person must not enter or remain without a ticket or pass (a special declared area); or (b) as a general declared area. (3) A person must not enter or remain in a declared area unless— (a) the person holds a ticket or pass; or (b) in the case of a general declared area— (i) the person intends to purchase a ticket from a facility located in the declared area; or (ii) if it is not possible to purchase a ticket in the declared area—the person is intending to board a regular passenger service vehicle stopping at the declared area. (4) If— (a) a person enters a declared area (other than a special declared area) without a ticket or pass; and (b) it is possible to purchase a ticket from a facility located in the declared area, the person must immediately purchase a ticket. (5) If an authorised person has reason to believe that a person who is present in a declared area does not intend to board a regular passenger service vehicle stopping at the declared area within a reasonable time, the authorised person may request the person to leave the declared area. (6) A person who, without reasonable excuse, fails to comply immediately with a request under subregulation (5) is guilty of an offence. (7) Subregulations (3) and (4) do not apply to a person who is authorised by the Minister, a regular passenger service operator or an authorised person to be in a declared area without a ticket or pass. (8) In subregulation (7)— (9) A person who is in a declared area must immediately allow an authorised person access to their ticket, student identification card, travel concession card or pass, or access to evidence of an entitlement to travel free of charge, for inspection, when requested to do so by the authorised person. (10) Subregulation (9) does not apply to a person in a general declared area where it is not possible to purchase a ticket. (11) A regular passenger service operator must, by notice in the Gazette and in such other manner as the Minister may determine, give notice of the establishment of a declared area by the operator under this regulation. 111—Surrender of invalid ticket or card (1) If an authorised person suspects on reasonable grounds— (a) that a person has presented an invalid ticket, student identification card or travel concession card for inspection; or (b) that a person is using a ticket, student identification card or travel concession card that has not been issued for their use; or (c) that a person is subject to a transit barring order, the authorised person may require that person to surrender their ticket or card immediately. (2) The authorised person may retain possession of a ticket or card surrendered under subregulation (1), but if— (a) proceedings are not instituted against the relevant person for an offence against the Act or these regulations within 3 months; or (b) proceedings are instituted within that period but the relevant person is not subsequently found guilty of an offence, the person is entitled to the return of the ticket or card or, if it has expired, to be issued a substitute ticket or card. (3) A person who fails to comply with a requirement under subregulation (1) is guilty of an offence. (4) In this regulation— invalid ticket means a ticket— (a) not issued or approved by the Minister; or (b) in respect of which a person does not hold a valid student identification card or valid travel concession card; or (c) that has not been validated; or (d) that is a stolen ticket. 112—Nuisances and annoyances (1) A person must not, while in a regular passenger service vehicle or at prescribed premises, commit a nuisance or act in a way that is likely to interfere with the comfort of, or disturb or annoy, another person. (2) A person must not, without the permission of an authorised person, take into a regular passenger service vehicle or onto prescribed premises an article that is likely to cause obstruction or annoyance. (3) A person must not, without the permission of an authorised person, play a musical instrument onboard a regular passenger service vehicle or on prescribed premises. (4) A person must not, without the permission of an authorised person, use a personal audio or visual device onboard a regular passenger vehicle or on prescribed premises unless the person ensures that they do not allow any sound from the device to disturb or annoy another person. (5) A person must not, while in a regular passenger service vehicle or at prescribed premises— (a) conduct themself in an offensive manner; or (b) use offensive language. personal audio or visual device means— (a) a radio (including a radio in a mobile phone or other device); or (b) a device designed to play digital files; or (c) any other device or equipment capable of emitting sound. 113—Alcohol at prescribed premises (1) A person must not, without the permission of the Minister— (a) consume alcohol at prescribed premises under the control of a rail operator; or (b) carry, hold or otherwise possess alcohol in an open container at prescribed premises under the control of a rail operator, except in an area specifically set apart for that purpose by the operator. (2) A person must not, at prescribed premises under the control of a regular passenger service operator (other than a rail operator)— (a) consume alcohol; or (b) carry, hold or otherwise possess alcohol in an open container, (other than in an area specifically set apart for that purpose by the operator) except with the express permission of the operator. 114—Unoccupied seats A person must not prevent or deter another person from occupying an unoccupied seat in a regular passenger service vehicle or at prescribed premises. 115—Occupying non‑carriage areas in vehicle (1) A person must not occupy a stairway, step, entrance platform or exit platform, or part of a regular passenger service vehicle designated by a regular passenger service operator as a prohibited area— (a) while the vehicle is in motion; or (b) contrary to stipulations contained in a notice affixed on or near the relevant part of the vehicle. (2) In proceedings for an offence against subregulation (1)(b), it is a defence to prove that the defendant did not see the relevant notice because of a disability. 116—Obstruction of passengers etc A person must not obstruct the entrance or exit of passengers from a regular passenger service vehicle, or refuse to move, when requested to do so by an authorised person. 117—Objects etc protruding from vehicle A person must not allow a part of their body, or an object, to protrude from a window, door or other opening of a regular passenger service vehicle. 118—Interference with equipment etc A person must not, without lawful authority— (a) interfere with the controls of, or equipment installed in, or attached to, a regular passenger service vehicle; or (b) interfere with any ticket validator. 119—Throwing of objects from vehicle etc (1) A person must not throw or catapult an object while in a regular passenger service vehicle or at prescribed premises. (2) A person must not throw or catapult an object from a regular passenger service vehicle, or at a regular passenger service vehicle. 120—Unlawful boarding of vehicle A person must not, except in an emergency or with lawful authority— (a) board or alight from a regular passenger service vehicle through a window; or (b) board or alight from a train through a door that is not immediately facing a platform; or (c) board a bus through any doors marked as "EXIT ONLY" doors; or (d) open a locked door of a regular passenger service vehicle. 121—Prohibition of animals in vehicle (1) Subject to subregulation (2), a person must not, without the permission of an authorised person, bring an animal on board a regular passenger service vehicle. (2) This regulation does not apply in relation to a working animal accompanying a person with a disability. 122—Carriage of bicycles and surfboards (1) Subject to subregulation (2), a person must not bring a bicycle or surfboard onboard a regular passenger service vehicle. (2) A bicycle or surfboard may be brought onboard a regular passenger service vehicle if— (a) the Minister has determined that the vehicle is of a kind in which it is suitable to carry such items; and (b) space permits; and (c) the appropriate fee or fare (if any) has been paid. 123—Carriage of dangerous objects etc on vehicle (1) A person must not, without the permission of an authorised person— (a) carry a dangerous or offensive object or substance on a regular passenger service vehicle; or (b) cause a dangerous or offensive object or substance to be carried on a regular passenger service vehicle. (2) If an authorised person has reasonable cause to suspect that a parcel or bag that is being, or is to be, transported on a regular passenger service vehicle may contain a dangerous or offensive object or substance, the authorised person may— (a) require the person in possession of the parcel or bag to open the parcel or bag for examination of its contents; or (b) open the parcel or bag and examine its contents. (3) A person to whom a requirement is addressed under subregulation (2) must comply with the requirement. 124—Reserved seat or space A person who does not have a disability that makes it preferable or necessary to be seated must not, while in a regular passenger service vehicle or at prescribed premises, take or continue to occupy a seat or space that is reserved for persons who do have a disability that makes it preferable or necessary to be seated, if to do so would prevent a person who has a disability from occupying the seat or space. 125—Abandoned goods A person who takes possession of goods left in a regular passenger service vehicle or at the premises of a regular passenger service operator must immediately deliver the goods to the operator. 126—Removal of goods A person must not, without lawful authority, remove from a regular passenger service vehicle or prescribed premises goods entrusted to a regular passenger service operator for carriage. 127—Motor vehicles etc (1) A person must not drive, ride, park or leave standing a motor vehicle on prescribed premises except in an area that is set aside for that purpose. (2) A person who drives or rides a motor vehicle on prescribed premises must— (a) comply with a reasonable direction of an authorised person; and (b) obey any speed restriction, traffic control sign or parking control sign displayed on the premises. 128—Pedal cycles, skateboards etc (1) A person must not— (a) ride a bicycle, scooter, skateboard, roller‑skates, roller‑blades or similar device; or (b) ride, lead or tether an animal, on prescribed premises. (2) Subregulation (1) does not apply to a device used to assist a person with a physical impairment. 129—Pedestrians A pedestrian must not, without the permission of an authorised person, enter or remain on any part of prescribed premises that is not set aside for use by pedestrians. 130—Duty of pedestrians at pedestrian crossings (1) A pedestrian must not enter or remain on a pedestrian crossing— (a) if a vehicle with which they may collide is approaching along the busway, railway or tramway, or is on the crossing; or (b) if warned not to do so by an authorised person; or (c) while a warning device at or near the crossing is activated or while the crossing is closed against traffic by gates or barriers, unless they are directed by an authorised person to proceed across the crossing. (2) A pedestrian must not remain within the limits of a pedestrian crossing any longer than is reasonably necessary for the purpose of passing over the crossing. (3) If a pedestrian crossing is controlled by traffic lights, a pedestrian must comply with any instructions applicable to the pedestrian that are indicated by the traffic lights or any sign exhibited with the traffic lights. (4) In this regulation— pedestrian crossing means a place designated by the Minister as a place where pedestrians may pass over a busway, railway or tramway; traffic lights means signals for controlling traffic by means of illuminated signs. 131—Duty to comply with directions and obey signs (1) A person who is in a regular passenger service vehicle or at prescribed premises must— (a) comply with a reasonable direction of an authorised person; and (b) obey any sign displayed in the vehicle or in or on the premises. (2) In proceedings for an offence against subregulation (1), it is a defence to prove that the defendant was unaware of the direction or sign, or unable to comply with the direction or sign, because of a disability. 132—Rubbish and other abandoned property (1) A person must not, on prescribed premises— (a) deposit or set fire to garden refuse; or (b) deposit rubbish (other than in receptacles provided for that purpose); or (c) set fire to rubbish. (2) A person must not abandon any other property (not being a motor vehicle) on a regular passenger service vehicle or on prescribed premises. Maximum penalty: $250. Expiation fee: $80. (3) Subject to subregulation (6), if property (other than rubbish or a motor vehicle) is found on a regular passenger service vehicle or at prescribed premises, the regular passenger service operator must hold the property for at least 2 months. (4) Property held under subregulation (3) will be handed over to a person— (a) who supplies proof of ownership that is satisfactory to an authorised person; and (b) who pays such fees as may be determined by the Minister from time to time. (5) Property that is not claimed within 2 months may be sold by the regular passenger service operator and the proceeds applied as follows: (a) firstly, in payment of the costs of, and incidental to, the sale; (b) secondly, in payment of the costs of, and incidental to, the custody of the property; (c) thirdly, in payment of the balance to the Crown or, if the Minister so determines, to the operator. (6) Perishable goods left or abandoned on a regular passenger service vehicle or at prescribed premises may be disposed of by the regular passenger service operator as the operator thinks fit. 133—Abandoned vehicles (1) A person must not leave a motor vehicle unattended on prescribed premises except in an area set aside for the parking of motor vehicles. (2) A person must not abandon a motor vehicle on prescribed premises. (3) An authorised officer may remove a motor vehicle left or abandoned in contravention of this regulation and, for that purpose, may enter the vehicle (using such force as is reasonable in the circumstances) and drive it, or arrange for it to be towed, driven or taken, to a convenient place. (4) As soon as practicable after removal of a motor vehicle, the authorised officer must give the owner of the vehicle notice of the removal and of the place to which the vehicle was removed. (5) The notice may be given— (a) by post; or (b) if the identity or whereabouts of the owner is unknown—by publication in a newspaper circulating generally in the State. (6) If the owner of the motor vehicle does not, within 1 month after such a notice is given, pay all expenses in connection with the removal or custody of the vehicle and of proceedings under this regulation, the Minister may sell it by public auction and apply the proceeds as follows: (a) firstly, in payment of the costs of, and incidental to, the sale; (b) secondly, in payment of the costs of, and incidental to, the removal and custody of the vehicle and of proceedings under this regulation; (c) thirdly, in payment of the balance to the owner. (7) If, after reasonable inquiry, the owner cannot be found, the balance must be paid to the Treasurer as unclaimed money. 134—Graffiti A person must not, without the permission of the Minister, write, draw, paint or affix a word, representation, character or poster on or to a regular passenger service vehicle, part of a regular passenger service vehicle, part of prescribed premises, or anything situated at prescribed premises. 135—Commercial activities A person must not, without the permission of the Minister— (a) sell or hire, or offer for sale or hire, an article or thing in a regular passenger service vehicle or on prescribed premises; or (b) distribute handbills to, or solicit money from, another person in a regular passenger service vehicle or on prescribed premises. 136—Behaviour of children in company of adults If a child is accompanied by an adult in a regular passenger service vehicle or at prescribed premises, that adult must take reasonable steps to prevent the child from acting contrary to these regulations. 137—Exclusion or removal of persons by authorised persons (1) An authorised person may direct a person not to board or enter a regular passenger service vehicle or prescribed premises, or to leave a regular passenger service vehicle or prescribed premises— (a) if the authorised person has reason to believe— (i) that the person may, if permitted to board or remain on the vehicle or to enter or remain on the premises, commit an offence against the Act or these regulations (including by refusing or failing to pay the appropriate fare or charge); or (ii) that the person has, while on the vehicle or premises, committed an offence against the Act or these regulations; or (b) if the person appears to be intoxicated or under the influence of a drug and the authorised person believes that, because of this condition, the person is likely to be offensive or to cause discomfort or embarrassment to another person; or (c) if the person acts in a threatening or abusive manner; or (d) if the person is not properly dressed, or the condition of the person or the person's clothing or the nature or condition of anything carried by the person is such as would cause justified offence to another person or is likely to soil a part of the vehicle or premises; or (e) in the case of a regular passenger service vehicle, if the vehicle is displaying a "FULL" sign or is fully loaded with passengers or, when the person entered the vehicle, it displayed a "FULL" sign or was fully loaded with passengers; or (f) if the authorised person has reason to believe that the person is not entitled to be on the vehicle or premises due to the terms of a transit barring order that applies to the person (2) An authorised person may direct a person to leave a regular passenger service vehicle if the person refuses or fails to pay the appropriate fare or charge. (3) A person who fails to comply immediately with a direction under this regulation is guilty of an offence. (4) If a person fails to comply with a direction under this regulation, a member of the police force or a person who is authorised by the Minister to exercise powers under section 56(8) of the Act may exercise reasonable force to remove the person from the relevant vehicle or premises. (5) A person removed from a vehicle or premises pursuant to this regulation is not entitled to a refund of a fare or charge.