Key Takeaways
- Public transport in Victoria is governed by strict regulations that ensure fairness, safety, and order.
- Passengers are mandated to carry valid tickets and concession cards; failure to comply can result in penalties.
- Behavioural offences include using indecent language and engaging in disorderly conduct on public transport.
- There are defined processes to dispute public transport fines, including internal reviews and appeals in court.
- Legal resources and support are available through organisations like Victoria Legal Aid and the Public Transport Ombudsman.
Public transport plays a vital role in Victoria’s daily life, and strict regulations exist to ensure fairness, safety, and order. Violating these rules can lead to fines, legal consequences, or even court appearances. This guide outlines public transport regulations, common offences, penalties, and legal support options for resolving disputes effectively.
Common Public Transport Offences and Compliance
Ticketing and Concession Violations
- Holding and Presenting a Valid Ticket
Passengers must carry a valid ticket while using public transport. If an authorised officer or police officer requests to see a ticket and the passenger cannot or refuses to produce one, they may face a penalty. This applies even after exiting the designated ticketed area.
- Providing Evidence of Concession
Passengers using a concession ticket must carry an approved concession card. Acceptable cards include:
- Health Care Card
- Pensioner Concession Card
- Victorian Public Transport Student Concession Card
- Victorian Seniors Card
- Department of Veterans’ Affairs Gold or White Card
Claiming to have a concession card but failing to present it is not a valid excuse. Student identification cards are not considered sufficient proof unless they are official Victorian Public Transport Student Concession Cards.
- Providing Name and Address When Requested
If an authorised officer or police officer suspects a passenger has committed an offence, they can request the person’s name and address. It is an offence to:
- Refuse to provide these details.
- Provide false or misleading information.
Even if the person later complies, the magistrate may still find them guilty if they initially refuse.
Behavioural Offences on Public Transport
- Prohibited Language and Conduct
Passengers must behave respectfully while on public transport. It is an offence to:
- Use indecent, obscene, offensive, or threatening language.
- Engage in disorderly, riotous, or offensive behaviour.
The determination of whether conduct is offensive depends on whether an ordinary member of the public would find it so.
- Respecting Public Transport Property
Passengers must not place their feet on any part of a seat or other transport furniture. This rule applies even if the shoes do not touch the fabric portion of the seat.
- Smoking Restrictions in Transport Areas
Smoking is prohibited:
- Inside a train, tram, or bus.
- In covered areas of a train station, bus shelter, or tram stop.
Violating these rules may result in fines and other penalties.
How to Dispute a Public Transport Fine
If you receive a fine or infringement notice, several options are available to contest or resolve the issue:
- Request an Internal Review: You may apply for an internal review through Fines Victoria if you believe the fine was unfairly issued.
- Appeal Through the Magistrates’ Court: If you believe you have a valid defence, you can challenge the fine in court.
- Seek Assistance from the Public Transport Ombudsman: The Public Transport Ombudsman Victoria can mediate disputes between passengers and transport operators.
- Seek Legal Representation: If your case escalates or requires a court appearance, legal advice can help you explore your options.
Key Legislation
Public transport offences in Victoria are governed by:
- Transport (Compliance and Miscellaneous) Act 1983: Establishes public transport compliance rules, including ticketing and behavioural standards.
- Transport (Ticketing) Regulations 2023: Defines fare evasion offences and concession requirements.
- Infringements Act 2006: Provides the legal framework for handling fines and penalties issued for public transport offences.
- Summary Offences Act 1966: Covers offences such as disorderly conduct and offensive behaviour on public transport.
Resources and Support
For further assistance regarding public transport offences, consider these resources:
Legal Advice and Support
- Victoria Legal Aid: Free legal assistance for public transport fines.
Dispute Resolution and Ombudsman Services
- Public Transport Ombudsman Victoria: Mediates complaints and disputes with transport operators.
- Magistrates’ Court of Victoria: Handles legal proceedings related to public transport offences.
Government Resources for Compliance and Fines
- Fines Victoria: Information on fines, payments, and disputes.
- Victorian Department of Transport and Planning: Provides updates on public transport rules and compliance.
Conclusion
Following public transport regulations ensures a fair, safe, and efficient experience for all commuters. However, if you have been issued with an infringement or believe a charge has been unfairly imposed, understanding your legal options is essential. Seeking legal guidance can help you navigate the dispute resolution process and protect your rights.
At Pentana Stanton Lawyers, we specialise in handling public transport offences, offering expert legal advice and representation to individuals contesting fines or clarifying their obligations under Victorian law. Our team provides tailored legal solutions through negotiation, mediation, or court representation.
For assistance with a public transport-related legal matter, contact us today for professional support and guidance.
