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The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990

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PART IIE+W+S

InterpretationE+W+S

3.—(1) In this Part of the Regulations unless the context otherwise requires–

“the 1981 Act” means the Public Passenger Vehicles Act 1981;

“the 1985 Act” means the Transport Act 1985;

[F1[F2“the 1995 Act” means the Disability Discrimination Act 1995;]

[F2“the 2010 Act” means the Equality Act 2010;]

“the 1984 Regulations” means the Public Service Vehicles (Carrying Capacity) Regulations 1984;

“the 2000 Regulations” means the Public Service Vehicles Accessibility Regulations 2000;]

[F3[F4“assistance dog” means a dog which—

(a)

is trained by a specified charity to assist a disabled person with a physical impairment for the purpose of section 1 of the 1995 Act which—

(i)

consists of epilepsy; or

(ii)

otherwise affects his mobility, manual dexterity, physical coordination or ability to lift, carry or otherwise move everyday objects; and

(b)

at the time it is providing assistance to a disabled person, is wearing a jacket inscribed with the name of one of the following charities, that is to say—

(i)

“Dogs for the Disabled” registered with the Charity Commission under registration number 700454;

(ii)

“Support Dogs” registered with the Charity Commission under registration number 1017237; or

(iii)

“Canine Partners for Independence” registered with the Charity Commission under registration number 803680;]

[F4“assistance dog” means a dog which has been trained—

(a)

to guide a blind person;

(b)

to assist a deaf person;

(c)

by a specified charity to assist a person who has a disability for the purpose of section 6(1) of the 2010 Act that—

(i)

consists of epilepsy; or

(ii)

otherwise affects the person’s mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects;]

“boarding lift” means a lift fitted to a regulated public service vehicle for the purpose of allowing wheelchair users to board and alight from the vehicle;

“boarding ramp” means a ramp fitted to a regulated public service vehicle for the purpose of allowing wheelchair users to board and alight from the vehicle;

[F5“disabled person” has the same meaning as in section 1 of the 1995 Act;]

[F5“disabled person” means a person who is a disabled person within the meaning of section 6 of the 2010 Act;]

[F6“guide dog” has the same meaning as in section 37(11) of the 1995 Act;]

[F6“hearing dog” has the same meaning as in section 37(11) of the 1995 Act;]]

“licence” means a licence to drive a vehicle granted under section 22 of the 1981 Act;

[F3“local service” has the same meaning as in section 2 of the 1985 Ac

“maximum seating capacity” has the same meaning as in regulation 4 of the 1984 Regulations;

“maximum standing capacity” has the same meaning as in regulation 6 of the 1984 Regulations;

“portable ramp” means a ramp which is carried on a regulated public service vehicle for the purpose of allowing wheelchair users to board or alight from the vehicle;

“regulated public service vehicle” means a public service vehicle to which the 2000 Regulations apply;

“scheduled service” means a service, using one or more public service vehicles, for the carriage of passengers at separate fares—

(a)

along specified routes,

(b)

at specified times, and

(c)

with passengers being taken up and set down at pre-determined stopping points,

but does not include a tour service (being a service where a public service vehicle is used for or in conjunction with the carriage of passengers to a particular location, or particular locations, and back to their point of departure);]

[F7“specified charity” means each of the following charities—

(a)

“Dogs for the Disabled” registered with the Charity Commission under registration number 1092960;

(b)

“Dogs for the Disabled” registered with the Charity Commission under registration number 700454;

(c)

“Support Dogs” registered with the Charity Commission under registration number 1017237; and

(d)

“Canine Partners for Independence” registered with the Charity Commission under registration number 803680;]

[F8“ticket” means a document which, in accordance with the terms and conditions under which it has been issued, constitutes a valid authority to travel on a vehicle;]

“vehicle” means any vehicle used as a public service vehicle as defined in the 1981 Act but excluding any vehicle used under a permit granted by virtue of section 19 of the 1985 Act.

[F3“wheelchair restraint system” means a system which is designed to keep a wheelchair restrained within the wheelchair space;

“wheelchair space” means a space for a wheelchair with which a regulated public service vehicle is fitted in accordance with paragraph 2 of Schedule 1 to the 2000 Regulations;

“wheelchair user” means a disabled person using a wheelchair; and

“wheelchair user restraint” means a system which is designed to keep a wheelchair user restrained in the wheelchair.]

(2) For the purposes of this Part of the Regulations, a sum payable by a passenger on the vehicle shall not be regarded as a fare unless–

(a)it is computed in accordance with a fare table available on the vehicle; and

(b)the fare table contains sufficient information to enable the passenger to ascertain the fare for his journey or the manner in which it is computed.

(3) In this Part of the Regulations, in relation to a vehicle–

“conductor” means a person, not being the driver, who is authorised by the operator to act as a conductor on the vehicle, but does not include an inspector; and

“driver” means a person who is the holder of a licence and who is for the time being responsible for driving the vehicle.

(4) In this Part of the Regulations, any reference to a numbered regulation is a reference to the regulation bearing that number in this Part of the Regulations.

(5) In this Part of the Regulations, any reference to a numbered or lettered paragraph or sub-paragraph is a reference to the paragraph or sub-paragraph bearing that number or letter in the regulation or (in the case of a sub-paragraph) paragraph in which the reference appears.

Textual Amendments

Commencement Information

I1Reg. 3 in force at 1.6.1990, see reg. 1

The conduct of drivers, inspectors and conductorsE+W+S

4.—[F9(1) A driver shall not, when a vehicle is in motion, hold a microphone or any attachment thereto unless it is necessary for him, either in an emergency or on grounds of safety, to speak into the microphone.

(2) Subject to paragraph (3), a driver shall not, when a vehicle is in motion, speak to any person either directly or by means of a microphone.]

[F9(1) The driver of a vehicle in motion must not—

(a)subject to paragraph (3), speak directly to any person on board, or

(b)hold a microphone or anything attached to a microphone,

unless it is necessary for him to do so, either in an emergency or on grounds of safety.]

[F10(3) Nothing in paragraph (2) shall prevent–

(a)the driver of a vehicle from–

(i)speaking in circumstances when he is obliged to do so by reason of an emergency or on grounds of safety; or

(ii)speaking to a relevant person in relation to the operation of the vehicle provided that he can do so without being distracted from his driving of the vehicle; and

(b)the driver of a vehicle which is being used to provide a relevant service from making short statements from time to time limited to indicating the location of the vehicle or operational matters provided that he can do so without being distracted from his driving of the vehicle.]

[F10(3) The driver of a vehicle in motion may—

(a)speak to a relevant person in relation to the operation of the vehicle, or

(b)on a relevant service, make short statements from time to time indicating the location of the vehicle or relating to operational matters,

provided that the driver can do so without being distracted from driving the vehicle.]

(4) In this regulation–

(a)“relevant person” is a person fulfilling one of the following descriptions–

(i)an employee of the operator;

(ii)when the operator is a firm, a partner of the firm;

(iii)if the operator is an individual, that individual; or

(iv)if the operator is a company, a director; and

(b)“relevant service” is a service for the carriage of passengers for hire or reward at separate fares which is neither–

(i)an excursion or tour within the meaning of section 137(1) of the 1985 Act; nor

(ii)a service the primary purpose of which is sightseeing, not falling within sub-paragraph (i).

Textual Amendments

Commencement Information

I2Reg. 4 in force at 1.6.1990, see reg. 1

5.—(1) A driver and a conductor shall take all reasonable precautions to ensure the safety of passengers who are on, or who are entering or leaving, the vehicle.

(2) A driver, inspector and conductor shall take all reasonable steps to ensure that the provisions of these Regulations relating to the conduct of passengers are complied with.

[F11(3) A driver, inspector or conductor–

(a)shall, if so requested by a constable or other person having reasonable cause, give his name, the person by whom he is employed and, in the case of a driver, particulars of the licence by virtue of which he drives the vehicle; and

F12(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F11(3) A driver, inspector or conductor shall, if requested to do so by a constable or other person having reasonable cause, give his name and the name of the person by whom he is employed.]

F13(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A driver shall, when picking up or setting down passengers, stop the vehicle as close as is reasonably practicable to the left or near side of the road.

[F14(6) A conductor shall not, while the vehicle is in motion and without reasonable cause, distract the driver’s attention or obstruct his vision.]

[F15(7) A driver, inspector and a conductor shall not, subject to there being a suitable space available, prevent a disabled person accompanied by an assistance dog[F16, a guide dog or a hearing dog,] being allowed to board and travel in the vehicle with his dog.]

Textual Amendments

Commencement Information

I3Reg. 5 in force at 1.6.1990, see reg. 1

The conduct of passengersE+W+S

6.—(1) No passenger on a vehicle shall–

(a)where the vehicle has a door which passengers are by a notice informed is for a particular purpose, use that door for any other purpose, unless otherwise directed or authorised by a driver, inspector or conductor;

(b)put at risk or unreasonably impede or cause discomfort to any person travelling on or entering or leaving the vehicle, or a driver, inspector, conductor or employee of the operator when doing his work on the vehicle;

(c)throw or trail any article from the vehicle;

F17(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18(e)except with the permission of the operator, distribute any paper or other article for the purpose of giving or seeking information about or comment upon any matter;]

[F19(f)except with the permission of the operator, sell or offer for sale any article;]

[F20(g)speak to the driver whilst the vehicle is in motion except—

(i)in an emergency;

(ii)for reasons of safety; or

(iii)to give directions as to the stopping of the vehicle;]

(h)without reasonable cause distract the driver’s attention, obstruct his vision or give any signal which might reasonably be interpreted by the driver as a signal–

(i)to stop the vehicle in an emergency; or

(ii)to start the vehicle;

(j)travel on any part of the vehicle which is not provided for the carriage of passengers;

(k)remain on the vehicle, when directed to leave by the driver, inspector or conductor on the following grounds–

(i)that his remaining would result in the number of passengers exceeding the maximum seating capacity or the maximum standing capacity marked on the vehicle in accordance with the Public Service Vehicles (Carrying Capacity) Regulations 1984(1);

(ii)that he has been causing a nuisance; or

(iii)that his condition is such as would be likely to cause offence to a reasonable passenger or that the condition of his clothing is such that his remaining would be reasonably expected to soil the fittings of the vehicle or the clothing of other passengers;

(l)play or operate any musical instrument or sound reproducing equipment to the annoyance of any person on the vehicle or in a manner which is likely to cause annoyance to any person on the vehicle; or (m) intentionally interfere with any equipment with which the vehicle is fitted.

[F21(1A) Paragraph (1)(k)(ii) and (iii) shall not apply to a direction given by a driver, inspector or conductor solely on the grounds that a person is a disabled person.]

(2) Subject to paragraph (3), a passenger on a vehicle who has with him any article or substance mentioned in paragraph (4) or any animal–

(a)if directed by the driver, inspector or conductor to put it in a particular place on the vehicle, shall put it where directed; and

(b)if requested to move it from the vehicle by the driver, inspector or conductor, shall remove it.

[F22(3) Paragraph (2)(b) does not require the removal of an animal where the passenger is a disabled person and the animal is an assistance dog[F23, a guide dog or a hearing dog].]

[F24(3A) Without prejudice to regulation 5(7), a disabled person shall comply with any direction given by a driver, inspector or conductor to remove his assistance dog[F25, guide dog or hearing dog] from the gangway.]

(4) The article or substance referred to in paragraph (2) is–

(a)any bulky or cumbersome article;

(b)any article or substance which causes or is likely to cause annoyance to any person on the vehicle; or

(c)any article or substance which would be reasonably expected to constitute–

(i)a risk of injury to any person on the vehicle; or

(ii)a risk of damage to the property of any person on the vehicle or to the vehicle.

F26(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I4Reg. 6 in force at 1.6.1990, see reg. 1

7.—(1) No passenger on a vehicle being used for the carriage of passengers at separate fares shall use any [F27ticket] [F27travel mandate] which has–

(a)been altered or defaced;

(b)been issued for use by another person on terms that it is not transferable; or

(c)expired.

(2) Save as provided in paragraph (3), every passenger on a vehicle being used for the carriage of passengers at separate fares shall–

(a)declare, if so requested by the driver, inspector or conductor, the journey which he intends to take, is taking or has taken in the vehicle;

(b)where the vehicle is being operated by the driver without a conductor–

[F28(i)save as provided in (ii) below, immediately on boarding the vehicle, pay the fare for the journey he intends to take to the driver or, where appropriate, by inserting in any fare-collection equipment provided on the vehicle the money or token required to pay that fare; or]

[F28(i)save as provided in sub-paragraph (ii), as soon as reasonably practicable after boarding the vehicle—

(aa)pay to the driver the fare for the journey he intends to take;

(bb)if the vehicle is provided with fare-collection equipment, other than smart equipment, insert in that equipment the money or token required to pay the fare;

(cc)if he claims to be entitled to any statutory travel concession, or other concession, in respect of the fare, produce to the driver the statutory travel concession permit, or other permit, issued to him in respect of that concession;

(dd)if the vehicle is provided with smart equipment and any condition of carriage of the operator requires a passenger to present a smart medium which has been issued to that passenger, comply with that condition and any direction as to that requirement given by the driver, an inspector or by any notice displayed on the vehicle; or]

(ii)if otherwise directed by the driver, an inspector or a notice displayed on the vehicle, [F29shall] pay the fare for his journey in accordance with the direction;

[F30(c)where the vehicle is being operated by the driver with a conductor, pay the fare for the journey which he intends to take, is taking, or has taken in the vehicle to the conductor immediately on being requested to do so by the conductor or an inspector;]

[F30(c)where the vehicle is being operated by the driver with a conductor—

(i)pay the fare for the journey which he intends to take, is taking, or has taken in the vehicle to the conductor,

(ii)if he claims to be entitled to any statutory travel concession, or other concession, in respect of the fare, produce to the conductor the statutory travel concession permit, or other permit, issued to him in respect of that concession,

immediately on being requested to do so by the conductor or an inspector;]

(d)accept and retain for the rest of his journey any ticket which is provided on payment of a fare in accordance with sub-paragraph (b) or (c);

[F31(e)produce during his journey any ticket which has been issued to him either under sub-paragraph (d) or before he started his journey for inspection by the driver, inspector or conductor on being requested to do so by the driver, inspector or conductor; and]

[F31(e)produce during his journey any travel mandate which authorises him to take that journey for inspection by the driver, inspector or conductor on being requested to do so by the driver, inspector or conductor; and]

[F32(f)as soon as he has completed the journey for which he has a ticket, either–

(i)leave the vehicle; or

(ii)pay the fare for any further journey which he intends to take on the vehicle.]

[F32(f)as soon as he has completed the journey in respect of which he has paid the fare, produced a permit or presented a smart medium, either—

(i)leave the vehicle; or

(ii)pay the fare, produce a permit or present a smart medium in respect of any further journey which he intends to take on the vehicle.]

(3) Paragraph (2)(b) and (c) do not apply to a passenger who has with him a ticket which was issued to him before his journey in respect of that journey, provided he complies with all such directions in relation to the ticket as may be–

(a)printed on the ticket;

(b)displayed on the vehicle; or

(c)given by the driver, inspector or conductor.

(4) Any passenger who–

(a)fails to comply with paragraph 2(b) or (c); or

(b)does not have with him a ticket which was issued to him before his journey in respect of that journey;

shall pay the fare for his journey to the driver, inspector or conductor on request and in any case before he leaves the vehicle unless otherwise agreed by the driver, inspector or conductor.

(5) Any passenger on a vehicle being used for the carriage of passengers at separate fares who has with him a [F33ticket] [F33travel mandate] which he is not entitled to retain for any reason including–

(a)the alteration or defacement of the [F33ticket] [F33travel mandate];

(b)the fact that the [F33ticket] [F33travel mandate], having been issued for use by another person, was not transferable to him;

(c)the expiry of the [F33ticket] [F33travel mandate]; or

(d)a mistake in consequence of which the [F33ticket] [F33travel mandate] was issued;

shall surrender the [F33ticket] [F33travel mandate] to a driver, inspector or conductor on being required to do so.

[F34(6) For the purposes of this regulation—

“present” means—

(a)

insert a smart medium in,

(b)

swipe a smart medium against,

(c)

touch a smart medium upon, or

(d)

otherwise apply a smart medium to,

smart equipment, in a manner which enables the smart medium to interact with the smart equipment;

“smart equipment” means any electronic equipment which is capable of interacting with any smart medium for the purpose of—

(a)

authorising a passenger to take the journey which that passenger intends to take;

(b)

paying the fare for that journey; or

(c)

evidencing entitlement to any concession in respect of that fare;

“smart medium” means any electronically enabled medium capable of interacting with smart equipment;

“statutory travel concession” means any concession to which the holder of any statutory travel concession permit is entitled;

“statutory travel concession permit” means a statutory travel concession permit within the meaning of section 145A(3) or 145B(11) of the Transport Act 2000; and

“travel mandate” means—

(a)

a smart medium, or

(b)

a ticket, a statutory travel concession permit, or other permit, none of which is a smart medium,

together with any related form of identification.]

Textual Amendments

Commencement Information

I5Reg. 7 in force at 1.6.1990, see reg. 1

8.—(1) Any passenger on a vehicle who is reasonably suspected by the driver, inspector or conductor of the vehicle of contravening any provision of these Regulations shall give his name and address to the driver, inspector or conductor on demand.

(2) Any passenger on a vehicle who contravenes any provision of these Regulations may be removed from the vehicle by the driver, inspector or conductor of the vehicle or, on the request of the driver, inspector or conductor, by a police constable.

Commencement Information

I6Reg. 8 in force at 1.6.1990, see reg. 1

9.  In its application to Scotland, regulation 8(1) shall have effect as if after the word “address” there were inserted the words “to a police constable or”.

Commencement Information

I7Reg. 9 in force at 1.6.1990, see reg. 1

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