Victorian Numbered Regulations

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TRANSPORT (TICKETING AND CONDUCT) REGULATIONS 2005 (SR NO 69 OF 2005) - REG 3

Interpretation

    (1)     In these Regulations—

"authorised person" means—

        (a)     a person employed by a passenger transport company who has duties in relation to the issue, inspection or collection of tickets for, or the operation of, a road vehicle or a rail vehicle operated by the passenger transport company; or

        (b)     a member of the police force; or

        (c)     any other person appointed in writing by a passenger transport company, a rail freight operator, Rail Track or the Secretary for the purposes of these Regulations;

"bicycle" means a vehicle with one or more wheels that is built to be propelled by human power through a belt, chain or gears (whether or not it has an auxiliary motor), and—

        (a)     includes a pedicab, penny-farthing, scooter, tricycle and unicycle;

        (b)     does not include a wheelchair, wheeled recreational device, wheeled toy, or any vehicle with an auxiliary motor capable of generating a power output over 200 watts (whether or not the motor is operating);

"designated area" means—

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

        (b)     if a railway station is specified by the Secretary in a notice published in the Government Gazette—

              (i)     a platform at that station; and

              (ii)     a waiting room or area adjoining a platform if access to the platform from the room or area is not gained past one or more ticket validating machines or one or more ticket barriers; and

              (iii)     an area between a platform and any ticket validating machine or ticket barrier past which access is gained to the platform;

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

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

"designated tramway tracks" means—

        (a)     the tramway tracks that run from the Whiteman Street tram stop to the St Kilda Station tram stop; or

        (b)     the tramway tracks that run from the Whiteman Street tram stop to the Port Melbourne tram stop;

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Diagram 3:     Designated tramway tracks

"level crossing" means—

        (a)     an area where a road and railway tracks cross at substantially the same level, whether or not there is a level crossing sign on the road at all or any of the entrances to the area; or

        (b)     an area where a road and tramway tracks cross at substantially the same level and that has a level crossing sign on the road at each entrance to the area;

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Diagram 4:     Level crossing sign

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Diagram 5:     Level crossing sign

"passenger service" has the same meaning as it has in section 3 of the Rail Corporations Act 1996 ;

"pedestrian" includes—

        (a)     a person driving a motorised wheelchair that cannot travel at over 10 kilometres per hour (on level ground); and

        (b)     a person in a non-motorised wheelchair; and

        (c)     a person pushing a motorised or non-motorised wheelchair;

"rail premises" means any land, building, premises or structure owned, occupied or leased by—

        (a)     a passenger transport company in connection with its capacity as a provider of a passenger service; or

        (b)     a rail freight operator in connection with its capacity as a provider of a rail freight service; or

        (c)     Rail Track;

"railway track" means a railway track used by a passenger transport company or rail freight operator to operate a railway for the carriage of passengers or freight;

"rail vehicle" means a vehicle that operates on or uses a railway track for the carriage of passengers or freight and includes a train, carriage and wagon;

"road vehicle" means any vehicle propelled by any form of motive power that is used or intended for use by a passenger transport company or rail freight operator for the carriage of passengers or freight on any road and includes a tram that operates on or uses a tramway track;

"ticket" means a ticket, pass, symbol or other thing issued to a person entitling that person to travel on a rail vehicle or a road vehicle or to be in a designated area;

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

"ticket validating device" means—

        (a)     a ticket validating machine; or

        (b)     an electronic ticket barrier which includes the facility to electronically validate tickets when a ticket is inserted into the barrier or presented to the barrier for scanning;

"ticket validating machine" means a machine which is designed and intended to be used to electronically validate tickets when a ticket is inserted into the machine or presented to the machine for scanning;

"tramway track" means a tramway track used by a passenger transport company to operate a tramway for the carriage of passengers;

"travel concession card" means a card—

        (a)     issued by a State or Commonwealth government department or a passenger transport company or a bus company; and

        (b)     accepted by a passenger transport company as entitling the holder to travel on rail vehicles or road vehicles at concessional rates;

"vehicle" means a conveyance that is designed to be propelled or drawn by any means, whether or not capable of being so propelled or drawn, and includes—

        (a)     a motor vehicle;

        (b)     a trailer;

        (c)     a tram;

        (d)     a train;

        (e)     a bicycle;

        (f)     an air-cushion vehicle;

        (g)     an animal that is being ridden or is drawing a vehicle;

        (h)     a combination of motor vehicles consisting of a motor vehicle connected to one or more vehicles

but does not include—

              (i)     a wheelchair other than a motorised wheelchair capable of a speed of 10 kilometres per hour or more; or

        (j)     a wheeled recreational device; or

        (k)     a wheeled toy;

"wheeled recreational device" means a wheeled device, built to transport a person, propelled by human power or gravity, and ordinarily used for recreation or play, and—

        (a)     includes rollerblades, rollerskates, a skateboard or similar wheeled device;

        (b)     does not include a golf buggy, pram, stroller or trolley, or a bicycle, wheelchair or wheeled toy;

"wheeled toy" means a child's pedal car, scooter or tricycle or a similar toy.

    (2)     Any diagrams used in these Regulations are for illustrative purposes only and are not intended to be a comprehensive depiction of the situation they illustrate or to extend the meaning of the regulation to which they relate.



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