Re: [VIC] PA Announcements at Hillside stations.

[Vaughan Williams <ender2000@my-deja.com>]

Thankyou, I hadn't seen that one; I'd only looked at the act and the
infringement regulations.

I would argue for the first interpretation, and not just because it
avoids the irritation of having to re-validate. However, the intention
of Parliament when making the reg was probably to require people to
constantly revalidate (certainly thats what Cooper would have had in
mind). Then, it could be argued that having to revalidate it all the
time is an absurdity. Oh the joys of statutory interpretation.

Another possible line of reasoning is, whats the purpose of validation?
Answer: To print a date on the back of the ticket so people can see
when it expires, that is, to indicate that time has started to run.

This would suggest that validation is only necessary to determine the
validity of the ticket, not to assist the bean counters with their
market research (which it doesn't do anyway, they have to hire people
to do patronage counts)

A nitpick:
Questions of law on appeal from the Magies Ct go straight to the
Supreme Ct, at least in Victoria
THe County Ct decisions AFAIK aren't reported and its very hard to use
them as binding precedents. I may be wrong on this latter point
however, though I've never seen a County Ct decision used to argue a
principle of law.

Is there any authority relating to the regulation? I would assume not;
it hasn't been in force long enough for anything on it to come to
fruition.

A further point:
The section refers to "a rail or road vehicle on which an operational
ticket validating device is located", but then merely makes reference
to a "designated area". Does this mean if theres not a working
validator in the designated area, too bad?

"designated area" means an area within rail premises designated by the
relevant passenger transport company by means of signs in or near the
area as an area for being on which a ticket is required.

Most suburban platforms don't have signs saying anything to the effect
of "you need a ticket to be on the platform". You might be there
meeting someone.

Does this mean that a suburban platform isn't a designated area (in the
absence of signs saying it is)? A suburban train isn't "a rail or road
vehicle on which an operational ticket validating device is located".
This would suggest you don't always have to validate your ticket before
catching trains, but that you do on trams provided the validator is
working. This assumes, of course, that my interpretation of the reg is
wrong and so presumably was the magistrate's on the occasion I
mentioned.

Vaughan

http://www.austlii.edu.au/au/legis/vic/consol_reg/tarfr1994493/s206.html
>
> This could be argued in two ways. The first way (which is what you
guys
> would like) is that the phrase "a ticket which requires machine
validation"
> is an unvalidated ticket, i.e. does not have a date on it. This would
> therefore mean that an already validated ticket does not require
further
> validation.
>
> The second way (which is the way the companies would like) is that "a
ticket
> which requires machine validation" means any Metcard, and the section
> clearly states that you then need to validate it EVERY time.
>
> What we need is for a magistrate to go with the second version, so
that it
> can go to the County Court on appeal. Once a judge makes a decision,
it will
> be binding on all magistrates (until they change the wording),
otherwise,
> magistrates will be free to do what they like.
>
> Dave
>
>


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