Transport Infrastructure (Railways) Regulation 1994
TRANSPORT INFRASTRUCTURE (RAILWAYS) REGULATION 1994
QueenslandTransport
Infrastructure (Railways) Act 1991TRANSPORTINFRASTRUCTURE(RAILWAYS)REGULATION1994Reprinted as in force on 27 October
1994(Regulation not amended up to this
date)Reprint No. 1This reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
regulation is reprinted as at 27 October 1994.Minor editorial
changes allowed under the provisions of the Reprints Act 1992
havebeen made to omit provisions that are no
longer required (s 40).See Endnotes for information
about—•when provisions commenced•provisionsthathavenotcommencedandarenotincorporatedinthereprint.
s15s2Transport Infrastructure (Railways)
Regulation1994TRANSPORT INFRASTRUCTURE(RAILWAYS) REGULATION 1994[reprinted as in force on 27 October
19942]†PART
1—PRELIMINARY˙Short title1.ThisregulationmaybecitedastheTransportInfrastructure(Railways)
Regulation 19943–4.˙Definitions2.In
this regulation—“approved form”means a form
approved by the chief executive.“axlemass”hasthemeaninggivenbysection1.02oftheTransportInfrastructure (Roads) Regulation
1991.“BrisbaneSuburbanLine”means the
electrified railway line betweenBrisbane Central
station and a following place—(a)2 km
north of Caboolture station;(b)Acacia Ridge terminal;(c)Beenleigh station;(d)Cleveland station;(e)Eagle Farm station;(f)Exhibition station;(g)Ferny Grove station;(h)Ipswich station;(i)Moolabin terminal;
s36s4Transport Infrastructure (Railways)
Regulation1994(j)Shorncliffe
station.“carriage”means a railway
carriage.“drive”a vehicle
includes ride the vehicle.“employee”means a
Queensland Railways’ employee.“sign”meansasignerectedordisplayedby,orwiththeauthorityof,Queensland Railways.“vehicle”has
the meaning given by section 9 of theTraffic Act
1949andincludes a load on the vehicle.†PART 2—DANGEROUS GOODS˙Code prescribed—Act, s 88(1)3.The Australian Code for the Transport
of Dangerous Goods by RoadandRail(ADGCode)publishedbytheCommonwealthofAustraliaisprescribed as the Code.˙Explosives Code prescribed—Act, s
88(1)4.The Australian Code for the Transport
of Explosives by Road and Rail(Australian
Explosives Code) published by the Commonwealth of Australiais
prescribed as the Explosives Code.
s57s7Transport Infrastructure (Railways)
Regulation1994†PART 3—CONDUCT
ON RAILWAYS†Division 1—Permission for acts
otherwise prohibited˙Exemption of
persons with Queensland Railways’ permission5.ApersondoesnotcontraveneaprovisionofthisPart(otherthansection 6(1)) by an act or omission for which
the person has—(a)foranactoromissionprohibitedbyDivision5—QueenslandRailways’
written permission; or(b)otherwise—Queensland Railways’
permission.†Division 2—Tickets˙Concessions on tickets6.(1)A
person must not obtain a concession on a ticket by making a
falseor misleading statement.Maximum
penalty—20 penalty units.(2)Apersongivenaconcessionmustcomplywiththeconditionsonwhich
it is given.Maximum penalty—20 penalty units.˙Platform tickets7.A
person must not go onto platform 1, 2 or 10 at Roma Street
station,Brisbane, unless the person—(a)has a ticket for a journey on a train
about to leave the platform; or(b)hasjustobtainedaplatformticketandaccompaniesontotheplatform a person who has a ticket for
the journey.Maximum penalty—2 penalty units.
s
88s 10Transport
Infrastructure (Railways) Regulation1994˙Property in tickets8.A
ticket issued to a person stays the property of Queensland
Railwaysand cannot be validly transferred to someone
else.†Division 3—General conduct on
railways˙Alcohol9.Apersononrollingstockorarailwaymustnotconsumealcoholunless the alcohol is—(a)supplied by Queensland Railways; and(b)consumedataplacesetasidebyQueenslandRailwaysfordrinking alcohol.Maximum
penalty—10 penalty units.˙Animals10.(1)A person must
not—(a)bringananimalintoapassengercompartmentofacarriage,unless it is a
guide dog accompanying a blind or aurally deficientperson; or(b)allow an animal under the person’s control
to stray onto a railway;or(c)ride
or drive an animal across a railway line, other than by using
abridge, level crossing or road subway;
or(d)ride or drive an animal on a level
crossing if—(i)a warning signal given by Queensland
Railways is operating,sounding or has just sounded in the
vicinity of the crossing;or(ii)there is danger of a train striking the
animal or person; or(iii)the person is
told not to do so by an employee; or
s
119s 13Transport
Infrastructure (Railways) Regulation1994(e)bring an animal with an infectious
disease onto rolling stock or arailway.Maximum penalty—5 penalty units.(2)The person does not commit an offence
against subsection (1)(e) if,when the animal
is brought onto the rolling stock or railway—(a)thepersondoesnotbelievetheanimalissufferingfromaninfectious disease; and(b)there is no reasonable ground for
suspecting the animal has aninfectious
disease.˙Bulky luggage11.(1)A
person must not bring into a carriage anything of a size or
shapethat prevents it being put in an overhead
rack, designated storage area orunder a seat, of
the carriage.Maximum penalty—2 penalty units.(2)A person must not put anything in the
aisle of a carriage that is likelyto obstruct or
injure someone else.Maximum penalty—2 penalty units.˙Coloured lights12.A
person must not display a coloured light on a railway.Maximum penalty—20 penalty units.˙Conduct that could injure13.(1)A person must
not—(a)board or leave a carriage other than
through a proper entrance orexit; or(b)open a door of a moving carriage,
other than a door connectingcarriages;
or
s
1410s 16Transport
Infrastructure (Railways) Regulation1994(c)board or leave a moving carriage;
or(d)board rolling stock not designed for
passengers; or(e)ride on the outside of a train.Maximum penalty—20 penalty units.(2)A person must not put a part of the
person’s body out of a carriagewindow or a door
of a moving carriage.Maximum penalty—20 penalty
units.˙Crossing of railway lines by
pedestrians14.(1)Apersonmustnotcrossarailwaylineotherthanbyusingabridge, level crossing, pedestrian subway or
road subway.Maximum penalty—20 penalty units.(2)A person must not enter, or stay, on a
level crossing if—(a)awarningsignalgivenbyQueenslandRailwaysisoperating,sounding or has
just been sounded in the vicinity of the crossing;or(b)there is danger
of the train striking the person; or(c)the
person is told not to do so by an employee.Maximum
penalty—20 penalty units.˙Dirtying of
seats15.A person must not put anything on a
carriage seat that is likely todirty the seat,
including, for example, the person’s feet or shoes.Maximum penalty—5 penalty units.˙Consuming food or drink on certain
trains not allowed16.Apersonmustnotconsume,orleave,foodordrinkinatraintravelling from
Brisbane Central station to a following station—
s
1711s 19Transport
Infrastructure (Railways) Regulation1994(a)Beenleigh;(b)Caboolture;(c)Cleveland;(d)Ferny Grove;(e)Gympie North;(f)Ipswich;(g)Pinkenba;(h)Robina;(i)Rosewood;(j)Shorncliffe.Maximum penalty—5
penalty units.˙Gates17.A
person must close and secure a gate at a level crossing as soon
aspracticable after the person has opened
it.Maximum penalty—20 penalty units.˙Graffiti and posters18.A person must not draw, write or place
a poster, placard or othernotice on rolling stock or a
railway.Maximum penalty—5 penalty units.˙Interfering with railways19.A person must not move, operate, or
otherwise interfere with, rollingstockorabrake,lever,signal,switchorotherrailwayequipmentormachinery.Maximum
penalty—20 penalty units.
s
2012s 24Transport
Infrastructure (Railways) Regulation1994˙Litter20.A
person must not leave wastepaper or other rubbish on a railway
orin a carriage, other than in a container
supplied by Queensland Railways forthe
purpose.Maximum penalty—5 penalty units.˙Loitering21.Apersonmustnotobstructorinconveniencesomeoneelsebyloitering on a railway.Maximum penalty—5
penalty units.˙Misuse of emergency systems22.A person must not activate, or
interfere with, an emergency system ina carriage, other
than in an emergency.Maximum penalty—5 penalty units.˙Misuse of fire systems23.A person must not—(a)open, or interfere with, a fire exit door on
a railway, other than toallow a person to leave if there is a
fire or other emergency; or(b)activate, or interfere with, a fire
detection system on rolling stockor a
railway.Maximum penalty—20 penalty units.˙Objects propelled24.A
person on a railway or in a carriage must not propel
anything.Maximum penalty—20 penalty
units.
s
2513s 28Transport
Infrastructure (Railways) Regulation1994˙Polluting water25.(1)A
person must not pollute water on a railway or in a carriage.Maximum penalty—10 penalty units.(2)Subsection (1) does not apply
if—(a)the water is made available for public
use; and(b)thepollutionisnomorethanisnecessaryfortheparticularpurpose for
which the water is made available.˙Radios
and sound equipment26.(1)A person on a
railway or in a carriage must not operate a radio,tape
recorder or another device emitting sound.Maximum penalty—5
penalty units.(2)Subsection (1) does not apply if
earphones are attached to the deviceand the sound
level from the earphones is unlikely to be a nuisance.˙Sales and business27.A
person on a railway or in a carriage must not publicly sell
anythingor publicly seek business.Maximum penalty—2 penalty units.˙Sewage28.(1)Apersonmustnotleavesewageon,orcauseittoflowonto,rolling stock or
a railway.Maximum penalty—10 penalty units.(2)Subsection (1) does not apply to a
person using a toilet supplied byQueensland
Railways.
s
2914s 33Transport
Infrastructure (Railways) Regulation1994˙Smoking29.A
person must not smoke in a carriage, or in a part of a
railway,displaying a sign indicating that smoking is
not allowed in the carriage or inthe part of the
railway.Maximum penalty—5 penalty units.˙Spitting30.A
person on a railway or in a carriage must not spit.Maximum penalty—5 penalty units.˙Statistical surveys31.A
person on a railway or in a carriage must not publicly conduct
asurvey.Maximum penalty—2
penalty units.†Division 4—Vehicles generally˙Division does not apply to roads32.ThisDivisiondoesnotapplytoaroadwithinthemeaningofsection 9 of theTraffic Act
1949.˙Drivers to obey
directions and warning signals33.The
driver of a vehicle on a railway, including at a level
crossing1—(a)mustobeyanemployee’slawfuldirectionaboutdrivingthevehicle; and(b)must
obey a direction indicated on a sign erected on the railway
or1Under section 59(2) of the Act drivers
of vehicles and pedestrians must give wayto trains at
level crossings.
s
3415s 35Transport
Infrastructure (Railways) Regulation1994at
the level crossing; and(c)must not drive,
or allow the vehicle to stay, on the level crossingif—(i)a warning signal
given by Queensland Railways is operating,sounding or has
just sounded in the vicinity of the crossing;or(ii)there is danger
of a train striking the vehicle.Maximum penalty—5
penalty units.˙Parking of vehicles34.(1)Avehicle’sdrivermustcomplywithalawfuldirectionbyanemployee or a
direction indicated on a sign about parking a vehicle on arailway.Maximum penalty—5
penalty units.(2)A vehicle’s driver may only park the
vehicle on a railway—(a)to engage in
business with Queensland Railways; or(b)to
bring a passenger to a railway to board a train; or(c)to pick up a person who has arrived at
a railway by train; or(d)for transporting
the vehicle by rail.Maximum penalty—5 penalty units.˙Vehicles on pedestrian bridges and in
subways35.A person must not drive a vehicle
(other than a wheelchair) on abridgeorinasubwaydesignedforpedestriansthatison,orunder,arailway.Maximum penalty—5
penalty units.
s
3616s 38Transport
Infrastructure (Railways) Regulation1994˙Speed of vehicles36.A
person must not drive a vehicle on a railway at more than—(a)the speed indicated on a sign erected
on the railway; or(b)if no sign is erected—20 km per
hour.Maximum penalty—5 penalty units.†Division 5—Over-dimensional vehicles
and vehicles likely to damage orobstruct˙Heavy vehicles37.A
person must not drive on a level crossing or bridge over a
railwayline a vehicle for which—(a)the
total of all axle masses for the vehicle is over 105 t; or(b)the total of all axle masses for any 9
m of the vehicle’s length isover 48 t;
or(c)the axle mass for any single axle is
over 12 t.Maximum penalty—20 penalty units.˙High vehicles38.(1)A
person must not drive a vehicle on a bridge over a railway line
ifthe vehicle is higher than 5.2 m.Maximum penalty—20 penalty units.(2)A person must not drive a vehicle on a
level crossing—(a)on the Brisbane Suburban Line—if the
vehicle is higher than 5 m;or(b)on another line—if the vehicle is
higher than 5.2 m.Maximum penalty—20 penalty units.(3)A person must not drive a vehicle on a
level crossing—
s
3917s 40Transport
Infrastructure (Railways) Regulation1994(a)where the Brisbane Suburban Line
crosses an access road—if thevehicle is
higher than 4.1 m; or(b)whereanotherelectrifiedlinecrossesanaccessroad—ifthevehicle is higher than 4.3 m.Maximum penalty—20 penalty units.(4)A person must not drive a vehicle on a
level crossing if the vehicle ishigher than a
height barrier for the crossing.Maximum
penalty—20 penalty units.(5)In this
section—“access road”means a road
other than a road within the meaning of theTransport
Infrastructure (Roads) Act 1991.˙Long vehicles39.(1)A
person must not drive a vehicle longer than 35 m on a levelcrossing or bridge over a railway
line.Maximum penalty—20 penalty units.(2)However, subsection (1) does not apply
to a road train driven under apermit for the
road train under theTraffic Act 1949.˙Wide vehicles40.(1)A
person must not drive a vehicle wider than 5.5 m on a levelcrossing or bridge over a railway
line.Maximum penalty—20 penalty units.(2)A person must not drive a vehicle on a
level crossing if the vehicle iswiderthanthedistancebetweenthepostsofaheightbarrierforthecrossing.Maximum penalty—20 penalty
units.
s
4118s 43Transport
Infrastructure (Railways) Regulation1994˙Using vehicles in a way likely to
damage or obstruct41.A person must not use a vehicle in a
way likely to damage or obstructa level crossing
or bridge over a railway line.Maximum
penalty—20 penalty units.˙Written permission
to be obtained before acting contrary to Div 542.A
person must obtain Queensland Railways’ written permission
inthe approved form before doing an act or
making an omission contrary tothis
Division.˙Queensland Railways’ written permission
may be on conditions43.(1)Queensland
Railways may impose a relevant condition about thefollowing matters on the written
permission—(a)the time a permission may be
used;(b)raising, dismantling, taking away or
cutting power to QueenslandRailways’
overhead electricity lines;(c)repairing, replacing or
reconstructing—(i)Queensland Railways’ overhead
electricity lines; or(ii)other Queensland
Railways’ property; or(iii)the part of a
road surface Queensland Railways has a duty tomaintain in good
order and repair;(d)paying Queensland Railways an amount
for—(i)administration involved in the
application for permission; or(ii)facilitating the use of the level crossing
or bridge mentionedin this Division;(e)paying Queensland Railways’ costs or loss,
including repair ofdamage to its property, arising from the
permission.(2)For subsection (1)(d), Queensland
Railways may only fix an amount
s
4419s 46Transport
Infrastructure (Railways) Regulation1994itconsidersreasonableandthatisnotmorethanthereasonablecostofdoing a thing mentioned in subsection
(1)(d)(i) or (ii).†Division 6—Evidence˙Evidence44.Evidence that a sign was erected or
displayed at a place is evidencethesignwaserectedordisplayedwiththeauthorityofQueenslandRailways.†PART 4—DAMAGES˙Prescribed amounts—animals—Act, s 6945.Part 1 of the Schedule sets out the
prescribed amount for an animal.˙Prescribed amount—luggage—Act, s 7046.Part2oftheSchedulesetsouttheprescribedamountforapassengers’
luggage.
21Transport Infrastructure (Railways)
Regulation1994†ENDNOTES´1Index to
EndnotesPage2Date to which
amendments incorporated . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . 213List of legislation . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . 214List of annotations. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . 22´2Date
to which amendments incorporatedThis is the
reprint date mentioned in the Reprints Act 1992, section
5(c).However,noamendmentshavecommencedoperationonorbeforethatday.FutureamendmentsoftheTransportInfrastructure(Railways)Regulation1994maybemade in accordance
with this reprint under the Reprints Act 1992, section 49.´3List of
legislationTransport Infrastructure (Railways)
Regulation 1994 SL No. 371notfd Gaz 21 October 1994 pp
731–2commenced on date of
notification
22Transport Infrastructure (Railways)
Regulation1994´4List
of annotationsKey to abbreviations in list of
annotationsamdChcldefDivexphdginsomprecpresprev(prev)provPtR1RArenumSdivsub====================amendedChapterclausedefinitionDivisionexpires/expiredheadinginsertedomittedprecedingpresentpreviouspreviouslyprovisionPartReprint No. 1Reprints Act
1992renumberedSubdivisionsubstitutedProvisions not
included in reprint, or amended byamendments not
included in reprint, are underlinedPART
5—REPEALSPt 5 (s 47)om R1 (see RA s
40)
