Boy films brothers death skylarking on train

 

News article: Boy films brothers death skylarking on train

A TEENAGER has died in front of his younger brother after leaning out of a moving train in Melbourne’s southeast.

  Gwiwer Rt Hon Gentleman and Ghost of Oliver Bulleid

Location: Loitering in darkest Somewhere
Which police state do you live in?

The one in which I have been responsible for preparing some of the paperwork I referred to above. Trespassing on the railway is regarded as a serious offence under the Transport Act.

The maximum fine which can be imposed when an offence of trespass is reported by an Authorised Officer is $283 for a first offence; that increases for second or subsequent offences.

If the matter is brought by the police or by the rail operator, or the AO hands the offender once detained to the police, rather than simply being reported as a behavioural offence by an AO then one of the following might apply:

Either of the two following have a maximum fine of $1440.20 which is imposed by a court.

Committing a nuisance etc. - A person in or on a rail vehicle, road vehicle or rail premises must not commit a nuisance or act in a way that is likely to interfere with the comfort of another person.

Driving or riding a vehicle on rail premises - A person who drives or rides a vehicle on rail premises must notdrive in a manner likely to cause injury to or to endanger any person or to damage property.

Transport Act 1983 further states that :

222B Interference with prescribed equipment

(1) A person must not—
(a) move or attempt to move; or
(b) interfere with or attempt to interfere with; or

(c) tamper or attempt to tamper with—

any prescribed equipment or equipment in a prescribed class of equipment owned by the Public Transport Ticketing Body or operated by or on behalf of the Public Transport Ticketing Body.

Penalty: 20 penalty units.

223 Offence to trespass on land or premises of RoadsCorporation or Rail Track

A person must not wilfully trespass on any land orpremises owned or occupied by the Roads Corporation or Rail Track.

Penalty: 20 penalty units.


20 Penalty Units is currently a fine of $2887.20 and will rise with annual indexation on 30th June 2014. Again that is for a first offence.

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  ZH836301 Chief Commissioner

Location: BleakCity
That supposed 'serious offence' has a fine smaller than littering.

Again, I don't know which parallel universe you live in, but here police will generally not pursue petty offences like trespass, littering, affray, etc. unless there is a major risk or as part of a 'tack on every charge under the Sun' type arrangement.

Examples would include trespass adjunct to B&E or criminal damage, littering where there is a risk of fire or upon failure of the attitude test, or affray where the peace is sufficiently broken and bystanders are put at risk.
  Bullucked Assistant Commissioner

No one has taken reasonable steps to prevent it from happening. It should be absolutely IMPOSSIBLE for unauthorised people to access the cab and it is not unreasonable to expect this, it can easily be done with modern technology.

Braddo

What a stupid post. The freight trains running around could have people hanging off the sides of them, not unlike what's happened in this incident. Should the freight companies be enclosing the end platforms, maybe having self re-tracting ladders or boxing in the entire length of the train? Dumb, dumb, dumb.
Stupid is as stupid does.
  woodford Chief Commissioner

That supposed 'serious offence' has a fine smaller than littering.

Again, I don't know which parallel universe you live in, but here police will generally not pursue petty offences like trespass, littering, affray, etc. unless there is a major risk or as part of a 'tack on every charge under the Sun' type arrangement.

Examples would include trespass adjunct to B&E or criminal damage, littering where there is a risk of fire or upon failure of the attitude test, or affray where the peace is sufficiently broken and bystanders are put at risk.
ZH836301

I have to disagree, I know a good number of police and have worked with some of them for many years. What happens on a "minor " report such as trespass or some one making a nuisance will depend on if staff is availible to respond. But they will normal respond if 1: the report comes from a known reliable source eg VLIne staff on a service, or 2: the report clearly indicates someone or some property is in danger.

One thing thats worth keeping in mind is that the police in metro areas are well and truly overloaded, particularly on the days between thursday and monday morning (Note 1) and are much less likely to respond to "minor" offences at these times.

Note 1: The majority of alcohol and drug related offences occuring during this period, particuarly road and violence related incedents.

woodford
  Braddo Deputy Commissioner

Location: Narre Warren
What a stupid post. The freight trains running around could have people hanging off the sides of them, not unlike what's happened in this incident. Should the freight companies be enclosing the end platforms, maybe having self re-tracting ladders or boxing in the entire length of the train? Dumb, dumb, dumb.
Stupid is as stupid does.
Bullucked

Not as stupid as people like you who don't see anything wrong with unauthorised people entering the cab and potentially putting hundreds of peoples lives at risk.

Would you have the same attitude if planes had a cockpit at each end and passengers were accessing one of the cockpits & playing around with the controls while the plane was in flight?
  KRviator Moderator

Location: Up the front
Not as stupid as people like you who don't see anything wrong with unauthorised people entering the cab and potentially putting hundreds of peoples lives at risk.

Would you have the same attitude if planes had a cockpit at each end and passengers were accessing one of the cockpits & playing around with the controls while the plane was in flight?
Braddo

Show me one person here who doesn't think there is anything wrong with people entering the rear cab?

Your logic that it should be IMPOSSIBLE "with modern technology" to unlawfully gain entry into the rear cab is a noble, though IMPOSSIBLE, goal.

All the technology in the world will not stop a determined person entering wherever they choose and nothing is foolproof to a sufficiently talented fool. Don't believe me? Look at MH370. A modern airliner with more radios, transponders, datalinks and navigation sources than you can poke a stick at has disappeared. POOF! Gone! But to have a 777 simply disappear and remain gone should be impossible, right?

So....given you've made the claim it is possible, how would you provide this Driver's-access-only to the cabs?
  Bullucked Assistant Commissioner

Not as stupid as people like you who don't see anything wrong with unauthorised people entering the cab and potentially putting hundreds of peoples lives at risk.

Would you have the same attitude if planes had a cockpit at each end and passengers were accessing one of the cockpits & playing around with the controls while the plane was in flight?
Braddo

You are missing the point. I do see problems with unauthorised people being where they shouldn't be. You original post said   it should be absolutely IMPOSSIBLE for unauthorised people to access the cab . The point I was making is unauthorised people shouldn't be entering anywhere they're not supposed to be and if you do, if caught, you suffer the consequences.
Now, I'll bet you've never been anywhere unlawfully you good law abiding citizen you. Never climbed over or passed through a hole in a fence, or walked down the line from a crossing, just a little bit, to get a picture of your precious twains?

Re. your analogy, valid, but then so was mine. Did you even consider it?

Just in case you're not sure what an analogy is:
a·nal·o·gy
 [uh-nal-uh-jee] Show IPA

noun, plural a·nal·o·gies.1.a similarity between like features of two things, on [color=#333333]which a comparison may be based:[/color]

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