Part 1 Preliminary
1 Name of Regulation
This Regulation is the Rail Safety (General) Regulation 2003.
2 Commencement
This Regulation commences on 8 February 2003.
3 Definitions
In this Regulation:assistance animal means an animal referred to in section 9 (Disability discrimination—guide dogs, hearing assistance dogs and trained animals) of the Disability Discrimination Act 1992 of the Commonwealth.concession ticket means a ticket issued free or at a reduced fare.disability has the same meaning as it has in the Disability Discrimination Act 1992 of the Commonwealth.drive includes ride or draw (in relation to a vehicle) and ride or lead (in relation to an animal).hold, in relation to a ticket or reservation, means be able to produce the ticket or reservation on request.light rail stop means any place designated for the picking up or setting down of passengers on a route declared, under section 104N (2) of the Transport Administration Act 1988, to be the route of a light rail system.light rail system has the same meaning as in section 104N of the Transport Administration Act 1988.monorail works means any station, platform, monorail running line or supporting column associated with a monorail transport system.railway land means:(a) land vested in, or under the control of, an accredited person for a railway and used in connection with the railway (other than land of which the accredited person is the lessor), and(b) land over which a light rail system operates (whether by way of easements or otherwise).restricted area of a station means:(a) if the station has no ticket barrier—the platform, and(b) if the station has a ticket barrier—the platform and all other parts of the station between the platform and the ticket barrier.station means:(a) a monorail station (whether or not on railway land), andand includes any place (other than a light rail stop) designated for the picking up and setting down of passengers on a railway.(b) any other station on railway land,the Act means the Rail Safety Act 2002.ticket includes a pass or other thing issued to a person, by or on behalf of the accredited person for a railway, for the purpose of authorising the person to travel on a train on the railway.train means:(a) a train operated by the State Rail Authority, or(b) a light rail vehicle operated on a light rail system, or(c) the class of trains operated by an accredited person.valid ticket means a ticket that meets the requirements for validity set out in clause 7.vehicle includes a bicycle.Note—Section 4 (1) of the Rail Safety Act 2002 defines the infrastructure of a railway as “those facilities that are necessary to enable a railway to operate safely”. The section provides that the infrastructure includes, but is not limited to, railway track, associated track structures, tunnels, bridges, stations, platforms, signalling systems, train control systems, communication systems, overhead electrical power supply systems, buildings (including buildings used for administrative purposes), workshops and associated plant, machinery and equipment.cl 3: Am 20.6.2003.
4 Notes
The notes in the text of this Regulation do not form part of this Regulation.
Part 2 Tickets and payment of fares
5 Fare to be paid and ticket to be held
(1) A person must not, without reasonable excuse, travel on a train unless:(a) the fare for the person’s travel has been paid, and(b) the person (or someone accompanying the person) holds a valid ticket for the person’s travel.Maximum penalty: 5 penalty units.Note—Clause 3 (1) defines hold, in relation to a ticket, as meaning “be able to produce the ticket on request”.(2) It is a defence to a prosecution under this clause if the person proves:(a) that it appeared to the person, after reasonable investigation, that no facilities were available, at the station or stop at which the person got on the train, to enable the person to pay the fare or obtain the ticket before getting on the train, or(b) that the person:(i) arrived at the station or stop at a time that should, in the circumstances ordinarily existing at that time of day and on that day of the week, have enabled the person to pay the fare or obtain the ticket before getting on the train, andbut was unable to pay the fare or obtain the ticket due to circumstances beyond the person’s control.(ii) diligently took all steps reasonably necessary to pay the fare or obtain the ticket,(3) Subject to subclause (2), it is not a defence to a prosecution under this clause for a person to prove:(a) that the time taken or likely to have been taken to pay the fare or obtain the ticket before getting on the train would have prevented the person from getting on the train, or(b) that the person intended to pay the fare or obtain the ticket while travelling or on arriving at a particular place.(4) In this clause, train includes any other form of transport (such as a bus) provided by the State Rail Authority in substitution for a train.
6 Other offences in relation to fares and tickets
(1) A person who is travelling on a train without having paid the fare for the travel concerned must not, without reasonable excuse, fail to pay the fare:(a) on demand made by an officer authorised in that regard by the accredited person for the train system, or(b) if the fare has not already been paid pursuant to such a demand, immediately on leaving the train at the station or stop at which the person’s travel is completed.Maximum penalty: 5 penalty units.(2) A person must not, knowingly and without reasonable excuse, travel on a train in a carriage or compartment of a class to which the person’s ticket does not apply.Maximum penalty: 5 penalty units.(3) In this clause, train includes any other form of transport (such as a bus) provided by the State Rail Authority in substitution for a train.
7 Validity of tickets
(1) A ticket is valid for travel only:(a) between the stations or light rail stops (or within the zone or area) specified on it, and(b) on the issue date specified on it (or, if an expiry date or time is specified, until and including that date or until that time), and(c) between the times (if any) specified on it, and(d) in the case of a single or return ticket—if the ticket has not previously been used to authorise the travel concerned, and(e) in the case of a ticket showing the name of the person to whom it was issued—by that person.(2) A ticket transferred in contravention of clause 8 is not a valid ticket.(3) A ticket is not valid unless:(a) the number of the ticket, and(b) the issue date or the expiry date (or both) of the ticket, and(c) the names of stations or light rail stops between which (or the zone or area within which) the ticket authorises travel, andare legible on the ticket, and the ticket is not defaced, mutilated or altered.(d) the name (if shown) of the person to whom the ticket was issued,(4) However, an illegible, defaced, mutilated or altered ticket is valid if the illegibility, defacing, mutilation or alteration occurred as the result of the ordinary use of the ticket.
8 Tickets not transferable
(1) A person who is issued with a ticket must not transfer (or offer to transfer) the ticket, or a portion of the ticket, to another person.Maximum penalty: 5 penalty units.(2) This clause does not apply if:(a) the ticket was bought on behalf of that other person, or(b) the transfer is authorised by an accredited person for the railway to which the ticket relates.
9 Concession tickets
(1) A person must not travel on a train on the authority of a concession ticket unless the person is, because his or her age, occupation or status, entitled to the concession ticket.Maximum penalty: 5 penalty units.(2) An authorised officer may require a person:(a) who is travelling on a train on the authority of a concession ticket, or(b) who makes a concession ticket available for inspection under clause 10, orto produce to the authorised officer evidence (for example, the person’s pensioner or student concession card) that the person is entitled to the concession ticket.(c) who offers a concession ticket for collection or processing under clause 11 or 12,(3) A person must comply with a requirement made under subclause (2).Maximum penalty: 5 penalty units.(4) A person must not:(a) in or in connection with an application for a concession ticket, orknowingly give any information or tender any document that contains a false or misleading particular with respect to the age, occupation or status of the person to whom the application or direction relates.(b) in purported compliance with a requirement made under this clause,Maximum penalty: 5 penalty units.
10 Inspection of tickets
(1) A person who:(a) is on a train, or(b) is in a restricted area of a station, ormust make his or her ticket available for inspection or processing by an authorised officer on that officer’s request.(c) has just left the restricted area of a station,Maximum penalty: 5 penalty units.(2) A person who has just left the restricted area of a station does not commit an offence under subclause (1) if the person’s ticket has been:(a) captured by an automatic gate or other equipment provided to read or record any details on the ticket, or(b) given to an authorised officer.cl 10: Subst 20.6.2003.
11 Entry to restricted area of station
(1) A person must not, without reasonable excuse, enter the restricted area of a station (otherwise than by getting off a train) without offering the person’s ticket for processing in accordance with this clause.Maximum penalty: 5 penalty units.(2) For the purposes of this clause, a person offers a ticket for processing:(a) if the station has an automatic gate or other equipment provided to read or record any details on the ticket—by putting the ticket into that gate or equipment and, if requested by an authorised officer, by also showing the ticket to the authorised officer, or(b) if the station does not have such a gate or equipment—by showing the ticket to an authorised officer on that officer’s request.(3) A person must offer his or her ticket for processing in the manner specified in subclause (2) (a), unless:(a) the person’s ticket is not designed for insertion in automatic equipment, or(b) the station concerned is not supplied with automatic equipment, or(c) the person has a reasonable excuse for not using the automatic equipment (for example, the equipment is not operating or the person is accompanied by luggage that would make use of the equipment difficult).cll 11: Am 20.6.2003.
12 Leaving restricted area of station
(1) A person must not, without reasonable excuse, leave the restricted area of a station (otherwise than by getting on a train) without offering the person’s ticket for collection or processing in accordance with this clause.Maximum penalty: 5 penalty units.(2) For the purposes of this clause, a person offers a ticket for processing:(a) if the station has an automatic gate or other equipment provided to read or record any details on the ticket—by putting the ticket into that gate or equipment and, if requested by an authorised officer, by also showing the ticket to the authorised officer (unless the ticket has been captured by the gate or equipment), or(b) if the station does not have such a gate or equipment—by giving or showing the ticket to an authorised officer on that officer’s request.(3) A person must offer his or her ticket for collection or processing in the manner specified in subclause (2) (a), unless:(a) the person’s ticket is not designed for insertion in or passing across automatic equipment, or(b) the station concerned is not supplied with automatic equipment, or(c) the person has a reasonable excuse for not using the automatic equipment (for example, the equipment is not operating or the person is accompanied by luggage that would make use of the equipment difficult).cll 12: Am 20.6.2003.
Part 3 Conduct on trains and railway land
13 Conduct generally
(1) A person must not on any train, on any railway land or on any part of monorail works wilfully:(a) use offensive language, or(b) behave offensively, or(c) (Repealed)(d) spit.Maximum penalty: 10 penalty units.(2) A person must not on any train, on any railway land or on any part of monorail works wilfully put his or her feet, or either of them, on a seat.Maximum penalty: 5 penalty units.cll 13: Am 29.8.2003.
14 Luggage and soiled clothing
(1) If, in the opinion of an authorised officer, a person’s clothing or luggage (or any other thing that the person has, or appears to intend to take, on a train):(a) may soil or damage the train or the clothing or luggage of other passengers, orthe authorised officer may direct the person to leave, or not to enter, the train.(b) has such dimensions that it cannot be accommodated in the train without inconvenience to other passengers,(2) A person must comply with a direction given under subclause (1).Maximum penalty: 5 penalty units.
15 Smoking generally prohibited
(1) A person must not smoke on any train or on any part of railway land or any part of monorail works that is roofed or otherwise covered.Maximum penalty: 10 penalty units.(2) This clause does not apply to a part of a train, railway land or monorail works in or on which smoking is permitted by the display of signs.(3) In this clause, smoke includes be in possession of a lighted cigarette, cigar, pipe or similar article.cll 15: Am 29.8.2003.
16 Eating and drinking on trains
(1) A person must not eat or drink on any train in which eating and drinking is prohibited by signs displayed in the train, except with the permission of an authorised officer.Maximum penalty: 5 penalty units.(2) This clause does not apply to a person who is eating or drinking on a train for medical reasons.
17 Drinking of alcohol generally prohibited
(1) A person must not drink any intoxicating liquor on any train, any railway land or any part of monorail works.Maximum penalty: 10 penalty units.(2) This clause does not apply if the liquor that is drunk was supplied on the train, railway land or monorail works concerned by, or with the permission of, the accredited person for the railway.(3) In this clause, drink includes be in possession of an opened container of intoxicating liquor.cll 17: Am 29.8.2003.
18 Passengers who are intoxicated
(1) If, in the opinion of an authorised officer, a person on a station or a train, or at a light rail stop:(a) is under the influence of intoxicating liquor or another drug, andthe authorised officer may direct the person to leave the station, train or light rail stop.(b) is causing, or is likely to cause, a nuisance or annoyance to other persons on the station or train or at the light rail stop,(2) A person must comply with a direction given under subclause (1).Maximum penalty: 10 penalty units.cll 18: Am 29.8.2003.
19 No unauthorised commercial activities
(1) A person must not carry on a commercial activity on any train, on any railway land or on any part of monorail works without the written permission of the accredited person for the relevant railway.Maximum penalty: 5 penalty units.(2) For the purposes of this clause, a commercial activity means any one or more of the following:(a) the sale or hire (or the offer of sale or hire) of any thing otherwise than by means of a mobile phone call to a person who is not present on the train, railway land or monorail works concerned,(b) the touting or soliciting for custom, hire or employment otherwise than by means of a mobile phone call to a person who is not present on the train, railway land or monorail works concerned,(c) the distribution of handbills to any person,(d) the soliciting of money from any person (whether by way of busking or otherwise).
20 Entry to and exit from railway premises
A person must not, without reasonable excuse, enter or leave a station, platform or other work or premises connected with a railway otherwise than by a place designated by the accredited person for the railway for entry or exit.Maximum penalty: 5 penalty units.
21 Entry to and exit from trains
A person must not, without reasonable excuse, enter or leave a train:(a) while the train is moving, or(b) by getting through a window, or(c) in the case of a train operated on a railway other than a light rail system—except at the side of the train adjoining the platform or other place designated by the accredited person for the railway for persons to enter or leave the train, or(d) in the case of a train operated on a railway that is a light rail system—except at the side of the train adjoining the light rail stop designated by the accredited person for persons to enter or leave the train.Maximum penalty: 5 penalty units.
22 Passengers to remain wholly within trains
A person who is on a train must not, without reasonable excuse:(a) protrude any part of the person’s body from an open door or window of the train, or(b) touch any building, structure or other object outside the train.Maximum penalty: 5 penalty units.
23 Certain unauthorised travel on trains
(1) A person must not board a train, for the purpose of travelling on it, at a station at which the train is not scheduled to pick up passengers, except with the permission of an authorised officer.Maximum penalty: 5 penalty units.(2) A person must not leave a train at a station at which the train is not scheduled to set down passengers, except with the permission of an authorised officer.Maximum penalty: 5 penalty units.
24 Compulsory reservation of sleeping berths or seats
(1) A person must not, except with the permission of an authorised officer, travel on a train on which booking is compulsory without holding:(a) both a valid ticket for the travel concerned and a reservation for a sleeping berth or seat, or(b) a combined travel and reservation ticket.Maximum penalty: 5 penalty units.(2) Subclause (1) does not apply to a person who is travelling with another person who holds a valid ticket and reservation, or a combined ticket and reservation (or tickets and reservations, or combined tickets and reservations) authorising, for both persons, travel on the train concerned.Note—Clause 3 (1) defines hold, in relation to a ticket or reservation, as meaning “be able to produce the ticket or reservation on request”.(3) A person is not liable to be punished under both this clause and clause 6 (2) in respect of the same travel.
25 Unauthorised occupation of reserved seats
(1) The accredited person for a railway may, by an appropriate notice attached to (or in the vicinity of) a seat in a train used on the railway, reserve the seat for a passenger.(2) An authorised officer may direct a person to leave a seat reserved for another person if the authorised officer is not satisfied that the person is occupying the seat with the permission of either the person for whom it is reserved or an authorised officer.(3) A person must comply with a direction given under subclause (2).Maximum penalty: 5 penalty units.
26 Unauthorised occupation of sleeping berths
(1) A person must not, except with the permission of an authorised officer, occupy a sleeping berth on a train:(a) other than the berth allotted to the person, or(b) without holding or having delivered up on the train a sleeping berth ticket or other receipt for the fare for the berth.Maximum penalty: 5 penalty units.(2) An authorised officer may direct a person contravening subclause (1) to leave the berth.(3) A person must comply with a direction given under subclause (2).Maximum penalty: 5 penalty units.
27 Unauthorised occupation of seats for aged persons or persons with a disability
(1) The accredited person for a railway may, by appropriate notice attached to (or in the vicinity of) seating in a train used on the railway, set aside that seating for persons who are aged or have a disability.(2) A person who is not aged and does not have a disability must not continue to occupy a seat set aside for the aged and persons with disabilities if an aged person or a person with a disability wanting to use the seat (or a person on behalf of that person) asks the person to vacate it.Maximum penalty: 5 penalty units.
28 No interference with train doors
A person must not, without reasonable excuse:(a) block a train door, or(b) open a locked train door at any time, or(c) open an unlocked train door (other than an internal door or a door between carriages) while the train is moving, or(d) in any way interfere with an automatically operated train door.Maximum penalty: 10 penalty units.cll 28: Am 29.8.2003.
29 No entry to crew compartment of train
(1) A person must not:(a) enter any crew compartment of a train without the permission of an authorised officer, or(b) remain in the crew compartment of a train after having been requested to leave the compartment by an authorised officer.Maximum penalty: 10 penalty units.(2) This clause does not apply to an authorised officer in the execution of his or her duty.cll 29: Am 29.8.2003.
30 Travel not allowed on certain parts of train
(1) A person must not, without reasonable excuse, travel on any part of a train not intended for the conveyance of passengers.Maximum penalty: 5 penalty units.(2) Without limiting subclause (1), parts of a train not intended for the conveyance of passengers include the following:(a) the engine or locomotive,(b) the roof, steps and footboard,(c) the stairs of a double-decker train.
31 Unauthorised use of certain equipment
(1) A person must not, without reasonable excuse, do any of the following:(a) use the public address system of a train or on a station or at a light rail stop,(b) use any other communications system or information system of a train or on a station or at a light rail stop or on any other part of the infrastructure of a railway, or any emergency help point for passengers, for a purpose other than the purpose for which it is provided,(c) apply or release any brake on a train,(d) use or interfere with any emergency or safety equipment on a train or on a station or at a light rail stop or on any other part of the infrastructure of a railway,(e) operate or otherwise interfere with any electrical or mechanical apparatus or device that is on railway land or is attached to, or forms part of, any train or any part of monorail works, or(f) throw any article or thing at or towards, or otherwise interfere with, any electricity supply line or any electrical or mechanical apparatus on railway land or situated on or about, or attached to, any part of monorail works.Maximum penalty: 50 penalty units.(2) In this clause, emergency or safety equipment includes closed circuit television cameras, emergency help points for passengers, emergency breakdown equipment, alarms, stretchers, fire extinguishers and the like.cll 31: Am 29.8.2003.
32 No obstruction or hindrance
(1) A person must not, without reasonable excuse:(a) obstruct any facility on railway land or monorail works, or(b) hinder (whether by obstruction or by any other means) another person’s use of any facility on railway land or monorail works.Maximum penalty: 10 penalty units.(2) Without limiting subclause (1), a facility on railway land or monorail works includes the following:(a) the entrance to a station or light rail stop,(b) the exit from a station or light rail stop,(c) stairways and escalators at a station or light rail stop.cll 32: Am 29.8.2003.
33 Pedestrians
A person must not, while proceeding on foot on any railway land or on any part of monorail works, proceed at a pace or in a manner that may cause injury or damage or that may endanger any person or property.Maximum penalty: 5 penalty units.
34 Use of escalators and lifts
(1) A person must not, while on railway land or monorail works:(a) ride on a travelling handrail of an escalator, or(b) without reasonable excuse, move while on an escalator in a direction opposite to that in which it is travelling, or(c) without reasonable excuse, convey any goods on an escalator or in a lift, or(d) without reasonable excuse, interfere in any manner with an escalator or lift or the working of an escalator or lift.Maximum penalty: 5 penalty units.(2) In this clause, goods does not include shopping, strollers, prams, bicycles, surfboards or luggage.
35 Railway property not to be removed
(1) A person must not remove any property belonging to an accredited person from any train, any railway land or any part of monorail works.Maximum penalty: 10 penalty units.(2) This clause does not apply to an authorised officer or other person in the execution of the officer’s or person’s duty.cll 35–39: Am 29.8.2003.
36 Graffiti and vandalism
(1) A person must not:(a) write, draw or affix any word, representation, character or poster on or to, orany train, any part of the infrastructure of a railway or any property on railway land or monorail works.(b) destroy, damage or deface,Maximum penalty: 20 penalty units.(2) A person must not, without reasonable excuse, have in his or her possession on any train, any part of a railway, on any railway land or on any part of monorail works any thing intended for use in damaging property.Maximum penalty: 10 penalty units.(3) This clause does not apply to an authorised officer in the execution of his or her duty.cll 35–39: Am 29.8.2003.
37 No littering
(1) A person must not on any train, any part of a railway, on any railway land or on any part of monorail works:(a) deposit any litter, orotherwise than in a receptacle provided for that purpose.(b) deposit any thing that may endanger any person or property,Maximum penalty: 10 penalty units.(2) A person must not abandon any building material on any train, any part of a railway, on any railway land or on any part of monorail works.Maximum penalty: 5 penalty units.cll 35–39: Am 29.8.2003.
38 Lighting fires
A person must not:(a) light a fire on, or(b) bring any burning substance into or onto, or cause a burning substance to be brought into or onto, orany train, any part of a railway, any railway land or monorail works.(c) throw or drop any burning substance on or from, or cause any burning substance to be thrown or dropped on or from,Maximum penalty: 10 penalty units.cll 35–39: Am 29.8.2003.
39 Direction to leave train or premises
(1) If, in the opinion of an authorised officer, a person is committing an offence under this Part, the authorised officer may direct the person to leave the train, railway land or part of the monorail works concerned.(2) A person must comply with a direction given under subclause (1).Maximum penalty: 10 penalty units.cll 35–39: Am 29.8.2003.
Part 4 Crossing running lines
40 Definitions
In this Part:level crossing does not include any crossing over the running lines of the light rail system in a road or road related area.road and have the same meanings as in the Road Transport (General) Act 1999.
41 Crossing running lines—generally
(1) A person must not cross or drive a vehicle over a running line except by means of a level crossing, bridge or subway constructed for that purpose.Maximum penalty: 10 penalty units.(2) This clause does not apply to or in respect of:(a) an authorised officer or other person in the execution of his or her duty, or(b) a person who takes any action referred to in this clause at the request or direction of an authorised officer or other person in the execution of the officer’s or person’s duty, or(c) a running line used in a road or road related area for the purpose of a light rail system.cll 41–44: Am 29.8.2003.
42 Pedestrians crossing running line
(1) A person on foot (unless in charge of an animal) must not, without reasonable excuse, cross over a running line at ground level at a level crossing if a bridge or subway is provided at the crossing.Maximum penalty: 10 penalty units.(2) A person on foot must not cross over a running line at a level crossing:(a) if warned not to do so by an authorised officer, or(b) contrary to a warning displayed at the level crossing.Maximum penalty: 10 penalty units.(3) A person on foot must not cross over a running line at a level crossing at which are installed barriers or a bell, alarm, red light or other warning device:(a) if barriers are installed—while those barriers are in any position other than the fully open position, or(b) whether or not barriers are installed—while any bell, alarm, red light or other warning device is operating.Maximum penalty: 10 penalty units.(4) This clause does not apply to:(a) an authorised officer or other person in the execution of the officer’s or person’s duty, or(b) a person who takes any action referred to in this clause at the request or direction of an authorised officer or other person in the execution of the officer’s or person’s duty.cll 41–44: Am 29.8.2003.
43 Certain vehicles crossing running line at level crossing
(1) A person must not drive a vehicle across a level crossing:(a) if the vehicle is carrying a load that is likely to cause any damage to railway property or to cause an obstruction, or(b) contrary to a sign displayed at the level crossing, or(c) if directed not to do so by an authorised officer.Maximum penalty: 10 penalty units.(2) Subclause (1) (a) does not apply if the vehicle and load comply with the relevant regulations under the Roads Act 1993 (or are the subject of a relevant permit under that Act).cll 41–44: Am 29.8.2003.
44 Driving animals across running line at ground level
A person (with or without a vehicle) must not, at ground level, drive an animal across a running line at a level crossing:(a) if warned not to do so by an authorised officer, or(b) if a train is in sight and moving towards the level crossing, or(c) if warning of the approach of a train has been given by a whistle or other device.Maximum penalty: 10 penalty units.cll 41–44: Am 29.8.2003.
Part 5 Animals and vehicles
45 Control of dogs on stations
A person must not, without the permission of an authorised officer, take a dog onto any part of a station, or have a dog in his or her charge on a station, unless the dog is under the person’s direct physical control by means of a lead, chain or frame (such as those used to control assistance animals) or otherwise.Maximum penalty: 5 penalty units.
46 Animals on trains or railway land
(1) A person must not take an animal onto a train intended for the conveyance of passengers, or have an animal in his or her charge on such a train, except under the conditions imposed by the accredited person for the relevant railway for the conveyance of the animal.Maximum penalty: 5 penalty units.(2) A person must not allow an animal under the person’s care or control on, or to stray onto, railway land, except as provided by subclause (1).Maximum penalty: 5 penalty units.(3) This clause does not apply to:(a) an assistance animal accompanying a person with a disability, or(b) an assistance animal in training.
47 Person not to drive or ride in certain areas
(1) A person must not:(a) drive a vehicle or an animal (other than a dog controlled in accordance with clause 45 or an animal referred to in clause 46 (3)), or(b) allow an animal under the person’s care or control to be, oron or along a platform or a pathway, subway or other way on railway land or any part of monorail works used in connection with a station and set apart for the exclusive use of pedestrians.(c) use a skateboard, roller skates or rollerblades,Maximum penalty: 5 penalty units.(2) This clause does not apply:(a) to vehicles designed to carry persons unable to walk (such as invalid carriages), or(b) to a motorised trolley being used by an authorised officer in the execution of his or her duty, or(c) in respect of:(i) an animal being taken onto or from a train in accordance with the conditions referred to in clause 46 (1), or(ii) an animal referred to in clause 46 (3).
48 Restrictions on vehicles driven on certain railway structures
(1) The accredited person for a railway may by notice exhibited conspicuously on or near a railway road bridge or other railway structure, fix a vehicle’s maximum loaded mass, maximum axle load or other load limit in respect of the bridge or structure.(2) A person must not drive on or over a railway road bridge or other railway structure a vehicle whose loaded mass, axle load or other load exceeds the maximum limit so fixed and notified unless:(a) the person has obtained the written permission of the accredited person for the railway concerned to do so, and(b) the vehicle is driven in conformity with any conditions determined by the accredited person in respect of it.Maximum penalty: 5 penalty units.(3) In this clause, a reference to a railway road bridge or other railway structure is a reference to a bridge or other structure that is provided for the purpose of enabling vehicles to cross a running line.
49 Bicycles not to be left in certain areas
A person must not leave a bicycle on railway land or any part of monorail works or chained or otherwise attached to any building, fence or other railway installation on railway land or any part of monorail works, except in a cloak room, parcels office or other place designated by the accredited person for the relevant railway for that purpose.Maximum penalty: 5 penalty units.
Part 6 Miscellaneous
50 Health and fitness of railway employees
(1) An accredited person must not employ a person as a railway employee unless the person meets any applicable standards.Maximum penalty:(a) in the case of a corporation—250 penalty units, or(b) in the case of an individual—50 penalty units.(2) The ITSRR may from time to time issue, amend or revoke guidelines containing standards for the employment of railway employees.(3) A guideline issued under this clause, or an amendment to or revocation of any such guideline, is to be published in the Gazette.(4) A guideline takes effect on the date of publication or any later date specified in the guideline.(5) In this clause, applicable standard means:(a) a standard approved by the ITSRR for the purposes of this clause that is contained in any industrial agreement or other agreement applicable to the employment of the person, or(b) a standard issued by the ITSRR for the purposes of this clause that is applicable to the employment of the person as such a railway employee.cll 50–52: Am 24.12.2003.
51 Network rules and operations
(1) The ITSRR may from time to time issue, amend or revoke guidelines as to the making of rules relating to railway network operations and operations of specified accredited persons.(2) A guideline issued under this clause, or an amendment to or revocation of any such guideline, is to be published in the Gazette.(3) A guideline takes effect on the date of publication or any later date specified in the guideline.(4) An accredited person that makes a rule relating to network operations or other operations of the accredited person must not fail to comply with any applicable guideline made under this clause.Maximum penalty:(a) in the case of a corporation—250 penalty units, or(b) in the case of an individual—50 penalty units.cll 50–52: Am 24.12.2003.
52 Fatigue management
(1) The following accredited persons are exempt from the condition of accreditation that an accredited person must provide conditions of work in accordance with Schedule 2 to the Act:(a) BHP (Port Kembla),(b) Perisher Blue Pty Ltd,(c) State Rail Authority, but only in relation to New Year’s Eve and Special Events,(d) CGEA Transportation Systems.(2) An accredited person must not permit or require a railway employee to work in a manner that does not comply with a guideline issued by the ITSRR under section 43 of the Act.Maximum penalty:(a) in the case of a corporation—250 penalty units, or(b) in the case of an individual—50 penalty units.cll 50–52: Am 24.12.2003.
53 Gates to be closed
A person who uses a gate at a level crossing, or any other gate set up at the side of the railway, must shut and securely fasten the gate immediately after use.Maximum penalty: 5 penalty units.
54 Throwing things
A person must not, without reasonable excuse, throw any thing at or from a train, a station, a light rail stop or any other part of the infrastructure of a railway.Maximum penalty: 20 penalty units.cll 54–56: Am 29.8.2003.
55 No trespassing
(1) A person must not, without reasonable excuse, go onto or into, or remain on or in:(a) the restricted area of a station, or(b) any running lines or associated part of the infrastructure of a railway, or(c) any workshops forming part of the infrastructure of a railway, or(d) any offices or administrative areas of a railway, or(e) any other railway land or any part of monorail works.Maximum penalty: 50 penalty units.(2) Subclause (1) does not apply to:(a) an authorised officer in the execution of his or her duty, or(b) a person who has the permission of the accredited person for the railway to enter the railway land or part of the monorail works concerned.(3) An authorised officer who has reason to believe that a person is committing an offence under subclause (1) may direct the person to leave the restricted area of the station, running lines, associated part of the infrastructure of the railway, workshop, office or administrative area concerned.(4) A person must comply with a direction given under subclause (3).Maximum penalty: 5 penalty units.cll 54–56: Am 29.8.2003.
56 No placing of objects on running lines
(1) A person must not leave any object on a running line.Maximum penalty: 50 penalty units.(2) Subclause (1) does not apply to an authorised officer in the execution of his or her duty.cll 54–56: Am 29.8.2003.
57 Attempt to do prohibited act
A person who attempts to do any thing that is prohibited by a provision of this Regulation is taken to have committed an offence under that provision and is punishable accordingly.
58 Removal of persons
A person who refuses or fails to comply with a direction given under this Regulation to leave any train or railway land or part of monorail works may be removed from the train or land or part of the monorail works by an authorised officer.
59 Lost property
(1) A person who finds any article in or on a train or railway land or part of monorail works:(a) must return it to its owner, or(b) must give it, or report its location, to an authorised officer.Maximum penalty: 5 penalty units.(2) An article that is given to an authorised officer under this clause is to be dealt with in accordance with directions given by the ITSRR (which may, if the ITSRR thinks it appropriate, include directions for the disposal of the article).cl 59: Am 24.12.2003.
60 Protection of monorail works
(1) A person must not enter the monorail envelope, or cause or permit anything to enter the monorail envelope, otherwise than:(a) for the purpose of entering or leaving or travelling in a monorail train, or(b) in accordance with an approval granted by an authorised person.Maximum penalty: 5 penalty units.(2) In this clause, monorail envelope means the space around the Darling Harbour monorail, being the rectangular space within 2 metres on either side of, 4.5 metres above and 1 metre below an imaginary line running along the centre of the bottom surface of the monorail beam.
61 Penalty notice offences
(1) For the purposes of section 105 of the Act:(a) each offence created by a provision specified in Column 1 of Schedule 1 is declared to be a penalty notice offence, and(b) subject to subclause (2), the prescribed penalty for such an offence is the amount specified in Column 2 of Schedule 1.(2) In the case of an offence arising under clause 5, 6, 8, 9, 10, 11 or 12 of this Regulation, the prescribed penalty for the offence is $50 if the person alleged to have committed the offence is under the age of 18 years.
62 (Repealed)
cl 62: Rep 24.12.2003.
62A Disclosure of train safety records
(1) For the purposes of section 72 (2) (c) of the Act, a train safety record (other than a train safety recording) may be disclosed or produced to the Commissioner of the Waterfall Special Commission of Inquiry, or a person assisting or acting on behalf of the Commissioner or that Special Commission, during or for the purposes of proceedings of that Special Commission.(2) For the purposes of section 73 (e) of the Act, a train safety recording, or any information obtained from a train safety recording, may be published or communicated:(a) to the Commissioner of the Waterfall Special Commission of Inquiry, or a person assisting or acting on behalf of the Commissioner or that Special Commission, during or for the purposes of proceedings of that Special Commission, and(b) by the Commissioner or any such person during or for the purposes of proceedings of the Waterfall Special Commission of Inquiry or in any report of the Commissioner related to that Special Commission.(3) In this clause:Waterfall Special Commission of Inquiry means the Special Commission of Inquiry established by letters patent on 3 February 2003 under the Special Commissions of Inquiry Act 1983 authorising the Honourable Peter Aloysius McInerney to inquire into certain matters.(4) In this clause, a reference to a train safety record or a train safety recording includes a reference to a part of any such record or recording.cl 62A: Ins 7.3.2003.
62B Disclosure of train safety records for monitoring and other purposes
(1) For the purposes of section 73 (e) of the Act, a train safety recording may be published or communicated by and to the persons set out in subclause (2), but only if the publication or communication is made for any of the following purposes:(a) the analysis or monitoring of railway operations or rail safety or related matters,(b) without limiting paragraph (a), the auditing of compliance by railway employees with any systems, procedures, instructions or orders relating to the carrying out of railway operations.(2) A train safety recording may be published or communicated:(a) by an accredited person or an employee or contractor of the accredited person to another accredited person or an employee or contractor of another accredited person, or(b) by an employee or contractor of an accredited person to the accredited person or another employee or contractor of the accredited person, or(c) by an accredited person to an employee or contractor of the accredited person.(3) For the purposes of section 73 (e) of the Act, a train safety recording may be published or communicated by or on behalf of an accredited person to the ITSRR.cl 62B: Ins 29.8.2003. Am 24.12.2003.
63 Repeal and savings
(1) The Rail Safety Regulation 1999 is repealed.(2) Any act, matter or thing that, immediately before the commencement of this Regulation, had effect under the Rail Safety Regulation 1999 continues to have effect under this Regulation.
Schedule 1 Penalty notice offences
(Clause 61)
Part 1 Offences under the Rail Safety Act 2002
Column 1 | Column 2 |
Offence | Penalty |
Section 96 (2) (a) | $100 |
Section 96 (2) (b) | $100 |
Section 97 | $200 |
Part 2 Offences under the Rail Safety (General) Regulation 2003
Column 1 | Column 2 |
Offence | Penalty |
Clause 5 (1) | $200 |
Clause 6 (1) (a) | $200 |
Clause 6 (1) (b) | $200 |
Clause 8 (1) | $200 |
Clause 9 (1) | $200 |
Clause 9 (3) | $200 |
Clause 9 (4) (a) | $200 |
Clause 9 (4) (b) | $200 |
Clause 10 | $200 |
Clause 11 (1) | $200 |
Clause 12 (1) | $200 |
Clause 13 (1) (a) | $400 |
Clause 13 (1) (b) | $400 |
Clause 13 (1) (d) | $400 |
Clause 13 (2) | $100 |
Clause 14 (2) | $100 |
Clause 15 (1) | $400 |
Clause 16 (1) | $100 |
Clause 17 (1) | $400 |
Clause 18 (2) | $400 |
Clause 19 (1) | $100 |
Clause 20 | $100 |
Clause 21 (a) | $200 |
Clause 21 (b) | $200 |
Clause 21 (c) | $200 |
Clause 21 (d) | $200 |
Clause 22 (a) | $200 |
Clause 22 (b) | $200 |
Clause 23 (1) | $100 |
Clause 23 (2) | $100 |
Clause 24 (1) | $100 |
Clause 25 (3) | $100 |
Clause 26 (1) (a) | $100 |
Clause 26 (1) (b) | $100 |
Clause 26 (3) | $100 |
Clause 27 (2) | $100 |
Clause 28 (a) | $400 |
Clause 28 (b) | $400 |
Clause 28 (c) | $400 |
Clause 28 (d) | $400 |
Clause 29 (1) (a) | $400 |
Clause 29 (1) (b) | $400 |
Clause 30 (1) | $200 |
Clause 31 (1) (a) | $400 |
Clause 31 (1) (b) | $400 |
Clause 31 (1) (c) | $400 |
Clause 31 (1) (d) | $400 |
Clause 31 (1) (e) | $400 |
Clause 31 (1) (f) | $400 |
Clause 32 (1) (a) | $200 |
Clause 32 (1) (b) | $200 |
Clause 33 | $200 |
Clause 34 (1) (a) | $200 |
Clause 34 (1) (b) | $200 |
Clause 34 (1) (c) | $100 |
Clause 34 (1) (d) | $100 |
Clause 35 (1) | $200 |
Clause 36 (1) (a) | $400 |
Clause 36 (1) (b) | $400 |
Clause 36 (2) | $200 |
Clause 37 (1) (a) | $200 |
Clause 37 (1) (b) | $400 |
Clause 37 (2) | $200 |
Clause 38 (a) | $400 |
Clause 38 (b) | $400 |
Clause 38 (c) | $400 |
Clause 39 (2) | $400 |
Clause 41 (1) | $400 |
Clause 42 (1) | $400 |
Clause 42 (2) (a) | $400 |
Clause 42 (2) (b) | $400 |
Clause 42 (3) (a) | $400 |
Clause 42 (3) (b) | $400 |
Clause 43 (1) (a) | $400 |
Clause 43 (1) (b) | $400 |
Clause 43 (1) (c) | $400 |
Clause 44 (a) | $400 |
Clause 44 (b) | $400 |
Clause 44 (c) | $400 |
Clause 45 | $100 |
Clause 46 (1) | $100 |
Clause 46 (2) | $100 |
Clause 47 (1) (a) | $100 |
Clause 47 (1) (b) | $100 |
Clause 47 (1) (c) | $100 |
Clause 48 (2) (a) | $200 |
Clause 48 (2) (b) | $200 |
Clause 49 | $100 |
Clause 53 | $200 |
Clause 54 | $400 |
Clause 55 (1) (a) | $400 |
Clause 55 (1) (b) | $400 |
Clause 55 (1) (c) | $400 |
Clause 55 (1) (d) | $400 |
Clause 55 (1) (e) | $400 |
Clause 55 (4) | $200 |
Clause 56 (1) | $400 |
Clause 59 (1) | $100 |
Clause 60 (1) | $100 |
sch 1: Am 29.8.2003.