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Public transport inspectors

Travelling without a valid ticket

The law says you have to have a valid ticket to travel on public transport.

You can travel without a valid ticket if:

  • before and after your journey, you take ‘all reasonable steps’ to buy a ticket
  • you have ‘no reasonable opportunity’ to buy a ticket while making your journey, such as when the ticket machine is not working.

There is no definition of ‘reasonable steps’ or ‘reasonable opportunity’. It depends on your circumstances.

Examples where it may be reasonable to travel without a valid ticket include:

  • where ticket machines are not working at the start of your journey and you are denied an opportunity to purchase a ticket during or after your journey
  • where you need an exact fare for the ticket machine and you don’t have exact change
  • where you have a pre-purchased ticket but the ‘validators’ are not working or your ticket is faulty and will not validate
  • where an inspector approaches you while you are queuing to use the ticket machine having just got on a tram
  • where a tram is so crowded that you can’t get to the ticket machine or validator.

An inspector may take your ticket if you don’t validate the ticket for your trip. The inspector should offer you a ‘travel permit’ so you can finish your trip. You can apply to have your ticket returned, like if it was a weekly ticket that you could use later.

Name and address

Inspectors can only ask for your name and address if they believe ‘on reasonable grounds’ that you have committed or are about to commit an offence related to your use of public transport. This may include travelling without a valid ticket. The inspector must tell you why they believe this, so that you understand what the offence is.

If you refuse to give your name and address, or give false information, you may be charged with an offence and can be arrested.

Inspectors can ask you to prove that your name and address is correct if they believe on reasonable grounds that the details are false.

You can ask the inspector for their name and where they work. You can ask for this in writing. An inspector can be fined for not giving you this information.

The inspector must show you their identity card if you ask to see it.

Powers of detention and arrest

Inspectors can only detain or arrest you without warrant if they believe on ‘reasonable grounds’ that it is necessary, like to make sure you go to court.

Inspectors must use no more force than is reasonable to detain you. What is reasonable depends on the circumstances.

Inspectors must hand you over to the police as soon as possible.

If you are fined

If you get a fine and you disagree that you committed the offence, get legal advice before paying the fine. You can choose to have the case heard by the Children's Court if you were under 18 when the offence happened.

The Children’s Court has introduced a new process called the Children and Young Persons Infringement Notice System (CAYPINS) for infringements. CAYPINS can be used if the agency that fined you agrees and you don’t want to argue against the fine. Instead of having to appear before a magistrate you can meet with a CAYPINS court registrar to try to come to an agreement about how you can pay the fine, such as an instalment plan.

See ‘Children’s Court’ (link below) for more information about fines and CAYPINS.

More information

Children’s Court

Getting around

Legal help for young people

Young people & the police

Related publications

Am I old enough?

Fines: your options for dealing with fines

Just in case

How we can help

Call VLA’s Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

To find out more about any of our legal services see What we do.

Who else can help?

Metlink

Metlink handles complaints about tram, bus and train travel. See the Metlink website (new window) for details about the complaints process or call them on 131 638 between 6 am and 10 pm, seven days a week.

Pulic Transport Ombudsman

If you can’t resolve your complaint through Metlink’s process, or you aren’t satisfied with the response, you can contact the Public Transport Ombudsman (new window). There is no cost for the ombudsman investigating the complaint.

Youthlaw

Youthlaw is a community legal centre for young people up to the age of 25 who can help with:

  • confidential legal advice, information and casework services
  • information about your legal rights and responsibilities.

See the Youthlaw website (new window), call them on (03) 9611 2412 or email info@youthlaw.asn.au