can you be fined for swearing on rail prop? overheard this

[cat1]

[quote="auntys_eyes"]Many Transperth services (buses and trains) display posters outlining Transperth Regulations for using Public Transport. One of these regulations is (and i paraphrase) "Offensive behaviour is not permitted" or "Offensive behaviour will not be tolerated". It would come down to interpretation of "offensive behaviour", but personally i am often offended by the over use of foul and obnoxious language on our trains and buses, and wish someone was around to deal with these individuals.[/quote]

I agree with you auntys eyes , I don't like some of the language I hear I was travelling on a rail replacement on a certain train line last week... enough said.

the interpretation is what it comes down to though, of the job and what constitutes to them what's offensive and what isn't. I have seen heaps of times behavior is ignored because it's thurday night or it's "pension day".

[cat1]

[quote="robbage"][quote="cat1"]I think that if he's willing to go to court over a 50 fine to dispute he didn't use such language towards a female security officer then that's actually shows some guts. How many 18 , 19 year old males woud do that? lol I think I am showing my age but 18 to me is a kid[/quote]

Or foolhardy... if he loses, he pays the fine and court costs. If he wins, he still loses for wasting half a day over $50[/quote]

Hi robbage,
yes very true , but I personally would have no problem wasting half a day if I was accused of something I didn't do by an authority figure. I feel it's more about integrity. LOL it's an idealistic arguement I guess, I am hoping this kid doesn't read the forum and post into say he's a repeat swearer or something

[Fireguard]

This would most likely have been regulation the infringement would have been issued against.

Public Transport Authority Regulations 2003

13. Nuisance
A person who acts in such a way as to cause a nuisance or annoyance to persons in or on a conveyance or a facility commits an offence.
Modified penalty: $50.


Infringement is the simplist option to deal with this offence, but there is also other options available, including removing the person from the bus/train or in some cases they could even be arrested for Disorderly Behaviour in public


Criminal Code

74A. Disorderly behaviour in public
(1) In this section —
“behave in a disorderly mannerâ€

[cat1]

thanks fireguard for clearing that up I was going to ask about the 2003 act. I think the problem is that the people who get into trouble don't think lol

[cat1]

So what else can they do under the act? is it like police or just similar?

[woobla1]

well he swore, I doubt he will get off it. The law is very clear. The pta may come down hard on people, get in their face. But if it makes peoples train journies just that little bit more pleasant, than I am all for it.

Life is all about lessons, and if he learns to choose his words a bit more carefully next time then he can avoid the pain .

I am all for him getting a fine.

[Fireguard]

So what else can they do under the act? is it like police or just similar?

have a look at http://www.slp.wa.gov.au and currents acts and regulations, TO's have access to all or part of these acts:

Public Transport Authority Act
Public Transport authority regulations
Government Railways Act
Weapons Act
Young Offenders Act
Criminal Investigations (Identifing Peoples) Act
Criminal Code
Rail Safety Act
Protective Custody Act

[cat1]

does this mean they use the rule of evidence? it's on the transit website but I wasn't really sure what the rules of evidence were. Is this a court term or something?

[woobla1]

does this mean they use the rule of evidence? it's on the transit website but I wasn't really sure what the rules of evidence were. Is this a court term or something?

why dont you head down to the local law courts, they are open to the public and go and watch some proceedings in action. If your in the city try courts 33-36 from 11am to about 4pm. It is the best way to get a feel for what does what, and who does what etc.. good way to learn.

Just remember to bow as you walk in.

[cat1]

thanks woobla, I work a nine to fiver but it does sound interesting. I have never been to a court before no idea how they work! I still don't understand what the rules of evidence are, is there one international rule that everybody follows. My cousin wants to be a transit so I contacted the website for her she didn't understand what they were and neither did I. They never really said what it was.

[cat1]

and vote on the poll !

[htfuc]

At the end of the day, any behaviour that is not "Orderly" is "Disorderly" and falls under the Criminal Code for Disorderly Behaviour. Time, Place and Circumstance come into play when deciding if a person should be dealt with by way of a fine, summons, or arrest. Transit Officers have authority under the Criminal Code, which stems from the Public Transport Authority Act to act if they beleive a person commits an offence under Sect 74A(2)(a) of the Criminal Code, Disorderly Conduct. However there are other regulations under the Public Transport Authority Regulations, such as Reg 13, Act in manner to cause Nuisance, where a Transit Officer may issue an on the spot fine for a modified penalty.

So if this particular offender was deemed to have "Acted in a manner to cause a nuisance" by swearing, he can be issued a fine. If his behaviour was deemed to be "Disorderly" he could have been arrested.

Hope this clears up the issue.