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(Conduct on Public Transport) Regulations 2015 Regulatory Impact Statement

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(Conduct on Public Transport) Regulations 2015 Regulatory Impact Statement Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015 Regulatory Impact Statement Table of contents 1 Executive Summary ........................................................................................................ 3 2 Background .................................................................................................................. 15 2.1 Regulating conduct on public transport .................................................................... 15 2.2 Requirements of the Subordinate Legislation Act 1994 ............................................... 17 2.3 Structure of the RIS ............................................................................................... 18 2.4 How you can have your say .................................................................................... 18 3 Nature and extent of the problem ................................................................................... 19 3.2 Identifying the drivers of satisfaction with public transport services ............................. 21 3.3 Dangerous and unsafe conduct on public transport ................................................... 22 3.4 Passenger amenity on public transport..................................................................... 35 3.5 Damage to public transport property ....................................................................... 44 3.6 Indicative effects of delays to the transport system ................................................... 45 3.7 Non-commuter parking at ‘park and ride’ facilities ..................................................... 46 3.8 Summary ............................................................................................................. 47 4 Objectives .................................................................................................................... 48 5 Options ........................................................................................................................ 49 5.1 Types of interventions ........................................................................................... 49 5.2 Identifying fit for purpose solutions ......................................................................... 51 5.3 Consideration of intervention types ......................................................................... 52 5.4 Controlling non-commuter parking at ‘park and ride’ facilities ..................................... 52 6 Assessment of options ................................................................................................... 54 6.1 Methodology ......................................................................................................... 54 6.2 Identification of costs and benefits .......................................................................... 58 6.3 Consideration of options to address the identified problems ....................................... 61 7 Preferred option ............................................................................................................ 84 7.1 Impact on small business ....................................................................................... 84 7.2 Competition assessment......................................................................................... 85 8 Implementation plan...................................................................................................... 86 8.1 Compliance monitoring and enforcement strategy ..................................................... 86 8.2 Current enforcement procedures ............................................................................. 86 9 Evaluation strategy ........................................................................................................ 89 9.1 Objectives of the regulatory proposal....................................................................... 89 9.2 Baseline data for evaluation .................................................................................... 89 9.3 Key Performance Indicators .................................................................................... 89 9.4 Trial of regulations to control non-commuter car parking ........................................... 90 10 Consultation ................................................................................................................. 91 Department of Economic Development, Jobs, Transport and Resources Appendix A Comparison of major changes.......................................................................... 93 2 of 97 Department of Economic Development, Jobs, Transport and Resources 1 Executive Summary Name of Department Department of Economic Development, Jobs, Transport and Resources Name of Proposal Transport (Compliance and Miscellaneous)(Conduct on Public Transport) Regulations 2015 Form of Regulatory Change Proposed in this Regulatory Impact Statement (RIS): Replacement of sunsetting regulations Has VCEC assessed the RIS as meeting the Victorian Guide to Regulation requirements? Yes Is small business (<20 staff) specifically affected? No Are regional areas specifically adversely affected? No The actions and behaviours of passengers on public transport may have a significant effect and impact on other passengers and the transport system. As a result, governments have made regulations controlling the conduct of persons on public transport to limit undesirable passenger behaviour in line with community expectations. The Transport (Compliance and Miscellaneous) Act 1983 provides the Minister for Public Transport with the power to recommend that the Governor in Council make regulations that prohibit unsafe conduct and conduct that negatively impacts on the amenity of other public transport users. The purpose of these regulations is to support the efficient operation of transport networks by avoiding safety incidents that cause disruption and harm. The regulations also seek to maximise the attractiveness of public transport to prospective users with a view to encouraging the use of public transport, and in turn, reducing pressures and demands on other parts of the transport system. The Department has prepared this Regulatory Impact Statement (RIS) to inform consideration of the exposure draft of the regulations that are proposed to replace two sets of regulations that expire on 28 June 2015 (refer to Section 2.1). The release of the exposure draft of the proposed regulations and this RIS is intended to provide public transport users and other stakeholders with the opportunity to have their say. You are invited to make written submissions to the Department by email or by post (refer to Section 2.4 for details). The public comment period closes on 1 June 2015. Why are regulations needed? The regulations can be grouped into broad categories relating to the outcomes the regulations aim to achieve: improving safety; preserving and enhancing amenity; and avoiding damage to public transport property, equipment and vehicles that are needed to provide public transport services. There are two reasons that help explain (and justify) why regulation has been needed to support the achievement of these outcomes: imperfect information and negative externalities. Imperfect information 3 of 97 Department of Economic Development, Jobs, Transport and Resources The level of information public transport users hold in relation to the risks and safety characteristics of choices available to them may not always be complete (i.e. “imperfect”). Accordingly, people may make decisions that they would not otherwise make if they were fully aware of the risks and potential outcomes. An example is when a passenger protrudes a body part or an object from a passenger vehicle. A passenger may not be fully informed about the likely hazards and may underestimate the likelihood of injury caused to either themselves (e.g. from hitting an oncoming object or vehicle while the passenger vehicle is in motion) or injury caused to third parties (e.g. from a protruding object striking a person waiting on the platform at a train station). Externalities An “externality” may arise when the unsafe behaviour of a passenger imposes economic costs on others, such as public transport operators, drivers or users. The individual, when making the decision to engage in the conduct, does not take into account the potential negative impact (“externality”) his or her behaviour could have on others. For example, a person wishing to catch a train takes a risk and crosses train tracks in front of an oncoming train while the boom gates are down. The train driver brakes as a preventative nature and this causes some of the passengers of the train to bump into each or fall over. The train and all its passengers experience a minor delay while the incident is reported. In the example, the person crossing the tracks is driven by his or her own self-interest and is not accountable for the consequences he or she causes. Give the same situation, the person would most likely repeat the misconduct unless there is reason to rethink his or her behaviour. The presence of externalities and the effects of imperfect information have been used to justify the use of regulation to address unsafe and antisocial conduct. In most cases, regulation is used to complement other measures such as education campaigns and engineering controls. The key issue considered in this RIS is whether there continues to be a need to regulate, and if so, what type of regulation will be most effective in
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