70Appointment of bus stops

70 Appointment of bus stops (1) Bus stops may be appointed by— (a) the road transport authority; or (b) the accredited operator of a bus service in accordance with the prior written approval of the road transport authority. (2) A bus stop appointed under subsection (1) must be indicated by a sign (a bus stop sign) erected or displayed with the authority’s approval and on which the words ‘bus stop’, ‘bus stand’ or ‘bus zone’, or some suitable pictorial representation, appear. (3) If times are stated on a bus stop sign, the sign operates only during those times. (4) If a bus service operated by a particular accredited operator is stated on a bus stop sign, the sign operates only in relation to a bus service operated by the accredited operator. 70AA Definitions—pt 3AA.1 light rail driver means the driver of a light rail vehicle. light rail driving assessor means a person who assesses a light rail driver’s suitability to be a driver of a light rail vehicle. light rail driving instructor means a person who instructs a person about how to drive a light rail vehicle. 70AB Notifiable occurrence involving light rail vehicle (b) the light rail service is involved in a notifiable occurrence; and (c) the person gives the Office of the National Rail Safety Regulator a report under the Rail Safety National Law (ACT), section 121, about a notifiable occurrence; and (d) the person fails to give the road transport authority a copy of the report at the same time as giving the report to the Office of the National Rail Safety Regulator. notifiable occurrence—see the Rail Safety National Law (ACT), section 4. 70AC Light rail driver etc to hold driver licence (b) does not take reasonable steps to ensure that each of the following people holds a full car licence or a licence of a higher class: (i) a light rail driver for the service; (ii) a light rail driving assessor for the service; (iii) a light rail driving instructor for the service. Note A person who drives a light rail vehicle must hold a full car licence (see Road Transport (Driver Licensing) Regulation 2000, s 98A). full car licence means a full car licence within the meaning of the Road Transport (Driver Licensing) Regulation 2000. 70AD Light rail driver records (i) keep a light rail driver record for each light rail driver for the service; or (ii) take reasonable steps to ensure each light rail driver record is up-to-date. (b) does not keep each light rail driver record for at least 2 years after the last date on which the driver drove a light rail vehicle for the service. (b) does not provide a light rail driver record, on request, to— light rail driver record means a record of the following details for a light rail driver: (a) the light rail driver’s full name, home address and date of birth; (b) the light rail driver’s driver licence number and expiry date; (c) the days and times when a light rail vehicle was driven by the light rail driver. 70AE Light rail driving instructor records (i) keep a light rail driving instructor record for each light rail driving instructor for the service; or (ii) take reasonable steps to ensure each light rail driving instructor record is up-to-date. (b) does not keep each light rail driving instructor record for at least 2 years after the last date on which an instructor for the operator instructed a driver for the service. (b) does not provide a light rail driving instructor record, on request, to— light rail driving instructor record means a record of the following details for a light rail driving instructor: (a) the light rail driving instructor’s full name, home address and date of birth; (b) the light rail driving instructor’s driver licence number and expiry date; (c) the days and times when a light rail driver was instructed by the light rail driving instructor. 70AF Light rail driving assessor records (i) keep a light rail driving assessor record for each light rail driving assessor for the service; or (ii) take reasonable steps to ensure each light rail driving assessor record is up-to-date. (b) does not keep each light rail driving assessor record for at least 2 years after the last date on which a light rail driving assessor for the operator assessed a driver for the service. (b) does not provide a light rail driving assessor record, on request, to— light rail driving assessor record means a record of the following details for a light rail driving assessor: (a) the light rail driving assessor’s full name, home address and date of birth; (b) the light rail driving assessor’s driver licence number and expiry date; (c) the days and times when a light rail driver was assessed by the light rail driving assessor. 70AG Road transport authority to share information (1) If a light rail service operator has given the road transport authority a light rail driver record, the road transport authority must tell the light rail service operator about any suspension or cancellation of a driver licence held by the driver. (2) If a light rail service operator has given the road transport authority a light rail driving instructor record, the road transport authority must tell the light rail service operator about any suspension or cancellation of a driver licence held by the light rail driving instructor. (3) If a light rail service operator has given the road transport authority a light rail driving assessor record, the road transport authority must tell the light rail service operator about any suspension or cancellation of a driver licence held by the light rail driving assessor. light rail driving assessor record—see section 70AF (5). light rail driver record—see section 70AD (5). light rail driving instructor record—see section 70AE (5). 70AH Signs about security cameras in light rail vehicles and at light rail stops (b) a light rail vehicle for the service is fitted with a security camera; and (i) there is a sign inside the light rail vehicle telling people they may be under video surveillance while in or near the light rail vehicle; and (ii) the sign is located in a place that can be easily seen by a person who may be under video surveillance. Note In collecting personal information, a light rail service operator may also have to comply with the Australian Privacy Principles under the Privacy Act 1988 (Cwlth) or the Territory privacy principles under the (b) a light rail stop is fitted with a security camera; and (i) there is a sign on the light rail stop telling people they may be under video surveillance while on or near the light rail stop; and (ii) the sign is located in a place that can be easily seen by a person who may be under video surveillance. 70AI Lost property in light rail vehicles and at light rail stops (b) does not ensure that each item of lost property found in a light rail vehicle or at a light rail stop is— (i) given to its owner; or (ii) if the owner cannot be identified— (A) held for a reasonable time at an office of the light rail service operator; and (B) made available for collection by the owner during ordinary business hours. 70AJ Meaning of light rail ticket—pt 3AA.2 light rail ticket means anything issued by or on behalf of the road transport authority authorising a person to travel in a light rail vehicle operated for a light rail service. 70AK Validity of light rail tickets (1) A light rail ticket is valid for travel only for a journey— (a) for which it is issued; and (b) if a passenger is required to assign a journey to a ticket—to which it is assigned. (2) If a passenger is required to use a device to assign a journey to a ticket, the passenger must use the device in accordance with any instructions provided by the road transport authority. (3) A light rail ticket transferred in contravention of section 70AM is not a valid ticket. 70AL Valid light rail ticket required for travel (b) does not hold a valid light rail ticket for the travel. 70AM Light rail ticket not transferable (a) holds a valid light rail ticket for a journey; and (b) before the journey ends— (i) transfers the ticket to someone else; or (ii) offers to transfer the ticket to someone else. (3) This section does not apply if— (b) the transfer is authorised by the road transport authority. 70AN Damaged or changed light rail ticket not to be used (b) holds a valid light rail ticket for the travel; and (c) the ticket is damaged, defaced or changed. 70AO Entitlement to use concession light rail ticket A person is entitled to use a light rail ticket issued free or at a concession fare (a concession light rail ticket) for travel on a light rail service if the road transport authority has authorised the person to use the concession light rail ticket. 70AP Application for concession light rail ticket (a) the person applies to the road transport authority for a concession light rail ticket; and (b) the application includes information; and (3) A person must not be prosecuted for an offence against both this section and section 50A (Application for concession bus ticket) in relation to the same ticket. 70AQ Use concession light rail ticket when not entitled (b) uses a concession light rail ticket for the travel; and (c) is not entitled to use the concession light rail ticket. (2) A police officer or authorised person may require a person who uses or attempts to use a concession light rail ticket to travel on a light rail service to produce evidence that the person is entitled to use the ticket to travel on the light rail service. Examples—evidence student card, pensioner card, concession card (a) is required to produce evidence under subsection (2); and (b) does not comply with the requirement. and (b) the person produces evidence containing information; and and (b) the person makes a statement containing information to the police officer or authorised person; and (7) A person must not be prosecuted for an offence against more than 1 of the following provisions for a single journey: (a) subsection (1); (b) subsection (3); (c) subsection (4); (d) subsection (5); (e) section 50B (1) (Use concession bus ticket when not entitled); (f) section 50B (3); (g) section 50B (4); (h) section 50B (5). (8) In this section: single journey means a journey for which a single fare is payable. a single fare payment that allows a person to travel on multiple public passenger vehicles within a 90 minute period 70AR Inspection of light rail ticket (1) A police officer or authorised person may require a person to produce the person’s light rail ticket for inspection if the person— (a) is in a light rail vehicle; or (b) has just got off a light rail vehicle; or (c) is at a light rail stop and the police officer or authorised person believes on reasonable grounds that the person is at the light rail stop because the person has got off a light rail vehicle; or (d) is at a place declared under section 70AS in circumstances in which a valid light rail ticket is required. (a) is required to produce the person’s light rail ticket under subsection (1); and (b) does not produce the ticket as required. 70AS Minister may declare light rail ticket required at certain place (1) The Minister may declare a place, connected to a light rail service, where a person is required to have a valid light rail ticket for travel on the light rail service. (2) The declaration must state— (a) a description of the place; and (b) the circumstances in which the valid light rail ticket is required; and (c) the reason for the declaration; and (d) the period when the declaration is to operate. (3) A declaration is a notifiable instrument. Part 3AA.3 Light rail passengers and people at light rail stops 70AT Behaviour that interferes with comfort or safety (a) the person is in a light rail vehicle; and (i) puts a foot on a light rail vehicle seat; or (ii) obstructs a light rail vehicle seat. Note A person is not allowed to smoke in a light rail vehicle (see Smoke-Free (i) spits; or (ii) uses a wheeled recreational device. (i) uses offensive language; or (ii) behaves in an offensive way; or (b) the person unreasonably interferes with the comfort or safety of (5) An offence against subsection (1), (2) or (3) is a strict liability offence. 70AU Inconvenient or dangerous items in light rail vehicle (1) An authorised person or police officer may direct a passenger who brings an inconvenient or dangerous item into a light rail vehicle to— (a) place the item in a storage area in the light rail vehicle; or (b) remove the item from the light rail vehicle. (4) This section does not apply to anything assisting a person with storage area, in a light rail vehicle, means an area identified by a sign indicating that the area is for the storage of goods. inconvenient or dangerous item means an item that, because of its size or nature, cannot be carried in a light rail vehicle without inconvenience or danger to someone else. item containing petrol 70AV Obstructing light rail vehicle door (1) A person commits an offence if the person obstructs a light rail vehicle door. 70AW Getting on and off light rail vehicle (1) A person commits an offence if the person gets on or off a light rail vehicle— (a) while the light rail vehicle is moving; or (b) at a place that is not a light rail stop; or (c) through an emergency exit or roof hatch. 70AX Passenger not allowed on certain parts of light rail (a) is a passenger in a light rail vehicle; and (b) enters the driver’s cab of the light rail vehicle. (a) the person is a passenger in a light rail vehicle; and (b) the light rail vehicle is moving; and (i) in a part of the light rail vehicle not designed to carry passengers; or (ii) travelling in a part of the light rail vehicle other than in the way for which that part of the light rail vehicle is designed. (4) Without limiting subsection (2), the parts of a light rail vehicle not designed to carry passengers include the roof, steps, footboard and exterior surfaces of the vehicle. 70AY Throwing objects in or from light rail vehicle (1) A person commits an offence if the person throws anything— (a) in a light rail vehicle; or (b) from a light rail vehicle. Note Intentionally throwing an object at, dropping an object on, or placing an object in the path of, a light rail vehicle is also an offence (see Crimes Act 1900, s 28A). 70AZ Vacating designated seats in light rail vehicle (a) a sign in a light rail vehicle indicates— (i) that a seat is set aside for designated people; and (ii) the designated people who may use the seat; and (b) a designated person travelling in the light rail vehicle— (i) is standing; or (ii) indicates that they wish to use the seat; and (c) the person sits, or continues to sit, in the seat. (3) This section does not apply to a designated person. designated people include seniors, people with disability and pregnant people. 70AAA Liquor in light rail vehicle or at light rail stop (a) consumes liquor or low-alcohol liquor— (ii) at a light rail stop; or (b) possesses an open container of liquor or low-alcohol liquor— (ii) at a light rail stop. Note It is also an offence to consume or possess an open container of liquor at a light rail stop (see Liquor Act 2010, s 199 and s 200). (3) In a prosecution for an offence against this section, unless there is evidence to the contrary, a substance is presumed to be liquor or low- alcohol liquor if— (a) the substance is in a container; and (b) a label or other mark on the container describes the contents as liquor or low-alcohol liquor. Examples—label or mark that describes container contents as liquor 1 ‘2.6% Alc/Vol’ printed on a can 2 ‘14% Alc/Vol’ printed on the label of a bottle Note A person rebutting the presumption in s (2) has an evidential burden in relation to the rebuttal (see Criminal Code, s 58). 70AAB Seizure of liquor in light rail vehicle or at light rail stop (1) This section applies if an authorised person or police officer suspects on reasonable grounds that— (a) person (the possessor) is in possession of liquor or low-alcohol liquor; and (b) the liquor or low-alcohol liquor is connected with the commission of an offence against section 70AAA. (2) An authorised person or police officer may seize the liquor or low-alcohol liquor from the possessor if the authorised person or police officer has told the possessor— (a) that the authorised person or police officer suspects the liquor or low-alcohol liquor is connected with the commission of an offence against section 70AAA; and (b) the grounds for the suspicion. (3) If an authorised person or police officer seizes liquor or low-alcohol liquor under subsection (2), the authorised person or police officer may dispose of the liquor or low-alcohol liquor. (4) However, the authorised person or police officer must not dispose of the liquor or low-alcohol liquor under subsection (3) if the possessor indicates in any way that the possessor believes the authorised person’s or police officer’s grounds for the suspicion are incorrect. (5) If an authorised person or police officer disposes of liquor or low-alcohol liquor under subsection (3)— (a) the person must not be prosecuted for an offence in relation to the liquor or low-alcohol liquor; and (b) a caution must not be issued to the possessor in relation to any act done in relation to the liquor or low-alcohol liquor. 70AAC Eating or drinking in light rail vehicle (a) a sign in a light rail vehicle indicates that a person must not eat or drink in the light rail vehicle; and (b) the person eats or drinks in the light rail vehicle. (3) This section does not apply if the person eats or drinks in the light rail vehicle for a medical reason. 70AAD Animal in light rail vehicle (1) The Minister may determine— (a) circumstances in which a light rail service operator must or must not allow an animal to be in a light rail vehicle; and (b) ways in which an animal must or must not be carried in a light rail vehicle. (a) the person travels with an animal in a light rail vehicle; and (b) the animal is not— (i) confined in a box, basket or other container; or (ii) carried in a way allowed under the determination. (5) This section does not apply if the animal is— mentioned in s (5) (see Criminal Code, s 58). 70AAE Lost property found on light rail vehicle or at light rail stop (a) finds something that appears to be lost— (b) fails to give the thing to— (i) its owner; or (ii) the light rail service operator; or (iii) a police officer; or (iv) an authorised person. 70AAF Removing light rail property (a) removes property belonging to a light rail service operator from— (i) a light rail vehicle; or (ii) a light rail stop; and (b) does not have the light rail operator’s consent to remove the property. Note Theft and minor theft are also offences against the Criminal Code, s 308 and s 321. (a) removes property belonging to the Territory from— (i) a light rail vehicle; or (ii) a light rail stop; and (b) does not have the Territory’s consent to remove the property. Note Dishonestly taking or retaining territory property are also offences against the Criminal Code, s 319 and s 320. property includes equipment, infrastructure, furniture, signs and fittings. 70AAG Damaging light rail property (a) the person damages property; and (b) the property is light rail property; and (c) the property belongs to a light rail service operator; and (d) the person does not have the light rail operator’s consent to damage the property. Note Damaging property is also an offence against the Criminal Code, s 403. (a) the person damages property; and (b) the property is light rail property; and (c) the property belongs to the Territory; and (d) the person does not have the Territory’s consent to damage the property. light rail property includes— (a) infrastructure forming part of light rail; and Note Light rail includes tracks, catenaries, supports for tracks and catenaries, stops, pedestrian access to stops, signalling facilities and signalling equipment (see Road Transport (General) Act 1999, dict). (b) devices and equipment used in relation to issuing and assigning light rail tickets; and (c) signs, furniture and fittings made available for light rail service passengers. 70AAH Interfering with security camera or recording (1) A person commits an offence if the person interferes with a security camera that is— (a) fitted to a light rail vehicle; or (b) located at a light rail stop. (a) a recording is made by a security camera— (i) fitted to a light rail vehicle; or (ii) located at a light rail stop; and Note In collecting personal information, a light rail service operator may also have to comply with the Australian Privacy Principles under the Privacy Act 1988 (Cwlth) or the Territory privacy principles under the 70AAI Interfering with emergency equipment (a) applies an emergency brake on a light rail vehicle; or (b) uses another emergency device fitted to a light rail vehicle. (a) the person uses an emergency device at a light rail stop; and (b) the device belongs to the Territory or the light rail operator. (3) A person commits an offence if the person interferes with— (a) an emergency device at a light rail stop; or (b) the correct operation of an emergency device at a light rail stop. emergency device includes an emergency door open handle, an emergency help point, an emergency glass breakage device or a fire extinguisher. 70AAJ Interfering with light rail vehicle equipment (a) equipment attached to, or forming part of, a light rail vehicle; or (b) the correct operation of equipment attached to, or forming part of, a light rail vehicle. 70AAK Littering (a) the person deposits litter— (b) the litter is not deposited in a container provided for the collection of litter. (2) A person commits an offence if the person deposits anything that may endanger a person or property— (a) in a light rail vehicle; or (b) at a light rail stop. person deposits an item containing petrol litter—see the Litter Act 2004, section 7. 70AAL Police officer or authorised person—power to direct person to get off, or not get on, light rail vehicle (1) A police officer or authorised person may direct a person to get off, or not get on, a light rail vehicle if the police officer or authorised person believes on reasonable grounds that— (i) part 3AA.2 (Light rail tickets); or (ii) part 3AA.3 (Light rail passengers and people at light rail stops); or (b) the person’s clothing or anything carried by the person may soil or damage the light rail vehicle or the clothing or goods of someone else on the light rail vehicle; or (c) any of the person’s goods cannot, because of their size or nature, be carried in the light rail vehicle without inconvenience or danger to someone else on the light rail vehicle; or (d) the person is— (ii) causing, or is likely to cause, a nuisance or an annoyance to someone else. (2) Subsection (1) (c) does not apply to anything assisting a person with 70AAM Police officer—power to remove person from light rail A police officer may remove a person from a light rail vehicle if the (a) is given a direction under section 70AAL; and 70AAN Police officer or authorised person—power to direct person to leave light rail stop (1) A police officer or authorised person may direct a person to leave a light rail stop if the police officer or authorised person believes on reasonable grounds that— (i) section 70AT (Behaviour that interferes with comfort or safety); or (ii) section 70AAA (Liquor in light rail vehicle or at light rail stop); or (iii) section 70AAF (Removing light rail property); or (iv) section 70AAG (Damaging light rail property); or (v) section 70AAH (Interfering with security camera or recording); or (vi) section 70AAI (Interfering with emergency equipment); or (vii) section 70AAK (Littering); or (b) the person is— (ii) causing, or likely to cause, a nuisance or an annoyance to 70AAO Police officer—power to remove person from light rail stop A police officer may remove a person from a light rail stop if the (a) is given a direction under section 70AAN; and Transport booking services—generally Division 3A.1.1