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Saturday, October 30, 2010

Offences on public transport- Offences against Public Order

A person who does not leave a public passenger vehicle as quickly as possible after being asked to do so is guilty of an offence carrying a penalty of a fine of up to $750 [Summary Offences Act 1953 s.58A(1)]. The driver or conductor of the vehicle or a police officer can ask the person to leave the vehicle if:
·         before or at the time of entering the vehicle, the person was told by the driver or conductor that it was fully loaded with passengers
·         the person is drunk and is annoying, or is likely to annoy, a passenger
·         the person or the person's clothing soils or damages, or is likely to soil or damage, a part of the vehicle or the clothing or belongings of a passenger
·         the person acts in a noisy, violent or abusive manner, uses obscene or indecent language or drinks intoxicating liquor in the vehicle after having been asked to stop.
The driver, conductor or a police officer can remove the person from the vehicle and ask for the person's name and address and if these are not given, the person commits a further offence that has maximum fine of $750. Proof of the name and address can also be demanded and failure to provide this evidence or giving false evidence is a further offence punishable by a fine of up to $750.


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