Not so long ago, there was no question about it. If there were too few seats on a bus, train, or tram, a child would stand so an adult – especially an elderly or infirm person – could sit.
Nowadays, it’s not uncommon to see seniors, pregnant women, even people with walking aids, standing on public transport while school students and other young people remain firmly seated.
The justifications for younger people surrendering their seat range from courtesy and respect to common sense and simple economics – children and students pay a reduced fare, so they are, arguably, less entitled to a comfortable ride.
Whatever the reason, what happens when someone refuses to give up their seat for a person in need?
The rules governing this differ from place to place, so Connect asked transport authorities across the country about their policies on the matter.
Here’s what they had to say:
Transport New South Wales advises, “When on board public transport, offer your seat to someone who needs it more than you. This includes people who are older, who have a disability or impaired mobility, who are pregnant or travelling with children.”
A spokesperson for Transport NSW told Connect, “In cases on the bus, the driver can ask passengers seated in the priority seating to move for people who need it more.”
While failing to offer a seat to somebody else is not an offence, to “wilfully interfere with the comfort of others” is against the law – along with such things as putting your feet on seats, smoking or consuming alcohol, blocking doors, and using offensive language.
A spokesperson for Translink in Queensland said, “There is a legislative requirement under the Disability Standards for Accessible Public Transport 2002 (Cth) for public transport conveyances to have priority seating, which Translink and its service delivery partners comply with.
“Priority seating is provided for passengers with disabilities and other groups in need of special assistance – for example, seniors, pregnant women and adults carrying children – to help make public transport services accessible for all.
“Customers are reminded that not all disabilities are visible, and they should be kind and courteous to others when travelling on public transport.
“As outlined in Translink’s Passenger Code of Conduct, passengers should leave priority seats free, and students who are travelling on a concession fare should let adults have their seat if a service is full.
“However, the request for students to offer their seat to adults is a matter of etiquette and there is no legislative requirement in Queensland – nor has there been previously – for students to vacate their seat for another person.”
In Victoria, a Department of Transport and Planning spokesperson said, “We want Victorians of all ages and abilities to be able to use public transport comfortably and easily, which is why we take a standardised approach to priority seating across all trains, trams, buses and regional public transport.”
Priority seats, usually covered in orange fabric, are intended for passengers with a disability, impairment, or additional needs, as well as pregnant women, the elderly, and parents with young children.
The department stipulates that priority seating should be made available upon request for use by any passengers with additional needs and those who require extra support while travelling.
If a passenger does not give up their seat on request, they can be fined by an Authorised Officer. Under Transport regulations, failure to vacate a designated special needs seat on request can lead to a fine of up to $288.
In Western Australia, Transperth spokesman David Hynes said, “While not committing any actual offences, common decency dictates that seated passengers should stand for someone who needs the seat more than they do, such as pregnant women, seniors, and those with a disability.
“Clearly marked signage on all our buses and trains supports this.
“As part of their student SmartRider concessions, young people are required to offer their seat when an adult – especially one with special needs – is standing.
“If a Transperth employee asks the student to get up and they refuse, their student fare entitlement can be suspended for 30 days.”
A South Australia Department for Infrastructure and Transport spokesperson said passengers on public transport are required to comply with all directions of staff and obey signage.
“According to the Passenger Transport Act 1994, a passenger must not occupy a prioritised space or seat if it prevents someone with a disability from accessing it,” the spokesperson said.
“This carries a maximum penalty of $750.”
Under its conditions of travel, the Metro Tasmania website notes that that it is an expectation that you “offer your seat to mobility impaired passengers”.
A fine not exceeding five penalty units applies to anyone who refuses to give up a seat to a person who appears to have a disability or injury; an elderly person; a woman who is visibly pregnant; a person accompanying a child less than five years of age; or any other person who appears to have special needs. A penalty unit is currently worth $195.
According to the Northern Territory Government website, “Seated passengers must, if asked by the driver, give up their seat for a passenger with special needs – e.g., a senior citizen, a disabled or mobility impaired person, pregnant woman or a parent with a small child.”
It adds, “If you don’t follow the rules the driver, a transit officer or a security officer may ask you not to board a bus or leave a bus. You could also receive a warning or be banned from using the bus.”
Transport Canberra advises passengers to “offer to give up your seat to pregnant, disabled or elderly passengers when sitting in a marked priority seating area”.
It continues, “Failure to comply with the code of conduct may lead to refusal of travel and the issuing of an infringement notice or other penalty.”
