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Public transport passenger offences

A person who does not leave a bus, train or other public passenger vehicle as quickly as possible after being asked to do so is guilty of an offence [Summary Offences Act 1953 (SA) s 58A].

The driver or conductor of the vehicle or a police officer may ask a passenger to leave the vehicle if:

  • before or at the time of entering the vehicle the passenger was told that it was full
  • the passenger is drunk and is annoying, or is likely to annoy, another passenger
  • the passenger or their clothing soils or damages, or is likely to soil or damage, a part of the vehicle or the clothing or belongings of another passenger
  • the passenger is noisy, violent or abusive, uses obscene or indecent language or drinks alcohol after having been asked to stop.

The driver, conductor or a police officer may remove the person from the vehicle and ask for the person's name and address. It is an offence to fail to give or prove personal details, or to give false details, when requested.

The maximum penalty for an offence against s 58A is a fine of up to $750.

Other offences that apply to passengers on public transport can be found in the Passenger Transport Regulations 2009 (SA).

Some of the more common offences include

  • Failing to pay the correct fare [reg 100]

    Maximum penalty: $1,250

    Expiation fee: $160
  • Failing to validate ticket [reg 101]

    Maximum penalty: $1,250

    Expiation fee: $160
  • Refusing to show ticket, concession or identity card for inspection [reg 102]

    Maximum penalty: $1,250

    Expiation fee: $160
  • Causing nuisance or annoyance [reg 106]

    Maximum penalty: $1,250

    Expiation fee: $160
  • Graffiti or bill posting [reg 128]

    Maximum penalty: $2,500

    Expiation fee: $210

Assaults on public transport workers

An offence against the person, such as assault, committed against a public transport worker performing their duties is aggravated [Criminal Law Consolidation Act 1935 (SA) s 5AA(1)(ka)]. This means the law treats it as a more serious offence and the penalties are higher. The maximum penalty for a basic assault, for example, would usually be 2 years imprisonment, but is 5 years if committed against a public transport worker.

Public transport passenger offences  :  Last Revised: Tue Jul 16th 2024
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.