Greetings,
There are rules and legislation which are intended to protect us from harm, but what good are these rules and legislation if they are not enforced in some measure? Laws are only as strong as those people who are willing to enforce the laws, even if they do not believe in the laws. It is not their job to believe in the laws, it is their job to enforce them. A prime candidate for this one is in Queensland, Australia, in regard to the wearing of masks on public transport, no doubt soon to be repealed as restrictions soften.
The Rule
On the Queensland Government website it is still stated that:
"Public Transport and ride share: must wear a mask including while waiting for the transport in a public space such as a bus stop, taxi rank or train station."
(https://www.covid19.qld.gov.au/government-actions/roadmap-to-easing-queenslands-restrictions)
Indeed, if you go to a Translink (Queensland Transport/Queensland Rail) railway station you will find a sign which looks something like this:
The sign clearly states that wearing a mask is "mandatory on public transport". A person travelling on public transport must therefore wear a face mask to travel, or face some penalty. This would be the logical reading of this wouldn't it? People who do not, should be stopped and either forced to wear one or have some sort of penalty imposed, yes? Why is it then that we see so many people who happily travel, and have travelled on public transport without a face mask?
First, some of these individuals have exemptions, this is understood. But by and large the ones who do not do not have these exemptions. Yet, these individuals walk past officials of all kinds without being stopped. I would put it down to that they have no consideration for their fellow man. You do not wear a face mask in a pandemic only for your benefit, but also for the benefit of those around you. These individuals are simply showing how selfish they are. Moving back to the point of the matter.
These unmasked individuals walk past a variety of officials unchallenged. I would ask, who has the authority to enforce this rule? What penalty is there for not wearing a mask on a train or other form of public transport, with this legislation in place? Some of this will be answered. Some of this will fall into some very "grey" areas.
Definitions
1. Face mask
"Face mask means a flat surgical mask, P2/N95 mask or a cloth face mask with three layers that covers the nose and mouth (but does not include a face shield).
Going by the definition from the Queensland Government documentation, there are lots of alternative "masks" which do not qualify. Wrapping a piece of cloth about your face, or sticking your nose and mouth beneath your shirt do not qualify. Neither, does it seem, do many of the home-made masks which have been produced and worn in their thousands... according to the definition, some only have two layers. One big "grey area" that people like to ignore when quoting the rules and regulations. It would seem that this definition has been relaxed a bit with the shortage of commercially available masks, without having been re-written from its original.
A lot could be said about the proper wearing of the mask. How
some people think that having it under your chin is sufficient, because they
are "wearing" it. For some others having their nose pointing out
above it is also alright. The mask must cover your mouth and your nose to
do the job properly. You might as well not be wearing it at all. It is like
having safety glasses worn on your elbow while working; or leaving your kitchen
mitts in your pocket while you pick up the hot tray out of the oven; or your
hard-hat hanging on your belt, none of which will protect you. I think this is
sufficient on this subject... at least for now.
2. Emergency Officer
"Emergency officer (public health) means an emergency officer appointed under the Public Health Act 2005.
Note: Emergency officers appointed under the Public Health Act 2005
include public health officers and police."
From the same document as the previous as would be clear, because the definitions should all be drawn from the same document. This will impact on who is able to impose the penalty which is detailed below. The definition states that officers are appointed under the Act, and include public health officers and police. There is no mention of public transport personnel, who are thus prevented from acting. So, they can make a rule, but not enforce the rule; a tiger with no teeth, and no claws, it would seem. If a public transport officer were inclined, they could detain an individual, but I surely have not seen it. Police patrol trains, but not as often as unmasked individuals are present, and they are mostly looking for train-jumpers, i.e. people not paying fares. More revenue-raising, at least speeding fines convince people to slow down; Queensland Transport is the only state transport reputedly to have made a profit, so it's not like they need the money. Speaking of fines...
Penalties
"PART 3 – PENALTIES
A person to whom the direction applies commits an offence if the person fails, without reasonable excuse, to comply with the direction.
Section 362D of the Public Health Act 2005 provides:
Failure to comply with public health directions
A person to whom a public health direction applies must comply with the direction unless the person has a reasonable excuse.
Maximum penalty—100 penalty units."
The penalty does not look particularly stiff, for those who have no idea what a "penalty unit" consists. This requires further research to ascertain how much such a penalty is worth. So I did some digging, to be as forthcoming with the information as possible.
According to the Penalties and Sentences Regulation 2015, the prescribed value of a penalty unit is $137.85, meaning the maximum penalty is $13,785. Obviously this would not be imposed for a person simply not wearing a mask, but could be imposed for other breaches of the same Public Health Act 2005. A person, resisting arrest, spitting on an officer, while not wearing a mask, while in the process of a legal detention could be up for a quite severe penalty, for example.
What's the Point?
Rules and regulations, we like to think and hope, that they are written for our benefit. In the case of the COVID-19 pandemic, the increase in restrictions on certain activities and additional requirements has been to prevent its spread. Some will claim it has been to restrict our freedoms.
Here is a counter-point argument to the restriction of freedoms argument, especially one for all the conspiracy types out there. For years the governments have been trying to get into our lives to identify us; They have installed cameras on buildings and in public transport to identify us. Now they are asking us to wear masks which cover up half our faces, which make it harder to identify us, and its a conspiracy to restrict our freedoms. I would think that the mask mandates would be embraced. Now you have a reason to walk into places you could never have before with a mask on and no one will bat an eyelid. You're talking about waking people up, how about you actually do something for other people and fulfil your identity-defeating dreams, and wear a mask.
If a rule is made then it should be enforceable and it should be enforced. In the case of those not wearing masks on public transport: they should be removed at the next stop in the case of trains, denied entry, if they try to board buses; and fined and if they are caught by police. Only enforcement, and public notification of this enforcement; let people know that people are being fined, or removed from public transport, will cause certain people to stop and actually consider following the rules put in place.
There is a certain portion of the community who will follow legislation and rules because they know its purpose; to keep people healthy and safe. These are not the people that are being described here. These people are happy to comply, more than willing to do so, concerned for their own standing, if not good citizens concerned for other's welfare.
If not all public transport personnel, then at least the Transit Officers should, at least for the period of the pandemic, have the power as well as their usual duties, the power to enforce public health mandates as well. There needs to be more enforcement of this rule to have any effect on those members of the public who have not realised its import, and need to be reminded that if being a "good citizen" is not enough, there is always the "other" way, which will cost them more than the price of a mask.
Cheers,
Henry.
