A person who does not leave a public passenger vehicle as quickly as possible after being asked to do so is guilty of an offence.
Maximum penalty: $750
The driver or conductor of the vehicle or a police officer can ask the person to leave the vehicle if:
- before or at the time of entering the vehicle, the person was told by the driver or conductor that it was fully loaded with passengers;
- the person is drunk and is annoying, or is likely to annoy, a passenger;
- the person or the person's clothing soils or damages, or is likely to soil or damage, a part of the vehicle or the clothing or belongings of a passenger;
- the person acts in a noisy, violent or abusive manner, uses obscene or indecent language or drinks intoxicating liquor in the vehicle after having been asked to stop.
The driver, conductor or a police officer can remove the person from the vehicle and ask for the person's name and address and if these are not given, the person commits a further offence that has maximum fine of $750. Proof of the name and address can also be demanded and failure to provide this evidence or giving false evidence is a further offence punishable by a fine of up to $750.
[Summary Offences Act 1953 s 58A]
Assaults on passenger transport workers
Where an assault is committed on a transport worker whilst they are performing their duties this is an aggravated offence under section 5AA(1)(k) of the Criminal Law Consolidation Act 1935 (SA) consistent with offences committed against police officers, hospital and emergency workers. Penalties for aggravated offences are far harsher so, for example, an aggravated charge of assault causing harm can result in a maxium sentence of 5 years. For more serious charges of assault such as causing harm with the intent to cause harm the upper limit can be 25 years imprisonment.
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