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

PART II E+W+S

Interpretation E+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 “the 1995 Act” means the Disability Discrimination Act 1995;

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

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

[F2 “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;

“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;

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

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

“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;

[F2 “local service” has the same meaning as in section 2 of the 1985 Act;

“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);]

“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.

[F2 “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

F1 Words in reg. 3(1) inserted (1.10.2002) by The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) (Amendment) Regulations 2002 (S.I. 2002/1724), regs. 1, 3(a)

F2 Words in reg. 3(1) inserted (1.10.2002) by The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) (Amendment) Regulations 2002 (S.I. 2002/1724), regs. 1, 3(b)

Commencement Information

I1 Reg. 3 in force at 1.6.1990, see reg. 1

The conduct of drivers, inspectors and conductors E+W+S

4.—(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.

(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.

(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).

Commencement Information

I2 Reg. 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.

(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

[F3 (b) shall not smoke in or on a vehicle except in one of the circumstances specified in paragraph (4).]

[F4 (4) The circumstances referred to in paragraph (3)(b) are that–

(a) the vehicle is not available for the carriage of passengers and the person concerned is in or on any part of the vehicle where smoking by passengers is not prohibited by regulation 6(1)(d); or

(b) the vehicle is hired as a whole and the person concerned has the permission of the operator and the hirer.]

(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.

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

[F5 (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, a guide dog or a hearing dog, being allowed to board and travel in the vehicle with his dog.]

Textual Amendments

F3 Reg. 5(3)(b) omitted (S.) (1.2.2007) by virtue of The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Amendment (Scotland) Regulations 2006 (S.S.I. 2006/613), regs. 1(1), 3(a)

F4 Reg. 5(4) omitted (S.) (1.2.2007) by virtue of The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Amendment (Scotland) Regulations 2006 (S.S.I. 2006/613), regs. 1(1), 3(b)

F5 Reg. 5(7) added (1.10.2002) by The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) (Amendment) Regulations 2002 (S.I. 2002/1724), regs. 1, 4

Commencement Information

I3 Reg. 5 in force at 1.6.1990, see reg. 1

The conduct of passengers E+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;

[F6 (d) smoke or carry lighted tobacco or light a match or a cigarette lighter in or on any part of the vehicle where passengers are by a notice informed that smoking is prohibited, unless the vehicle has been hired as a whole and both the operator and the hirer have given their permission to the contrary;]

(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;

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

[F7 (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.

[F8 (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.

[F9 (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, a guide dog or a hearing dog.]

[F10 (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, 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.

F11 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Reg. 6(1)(d) omitted (S.) (1.2.2007) by virtue of The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Amendment (Scotland) Regulations 2006 (S.S.I. 2006/613), regs. 1(1), 4

F7 Reg. 6(1)(g) substituted (1.3.1995) by The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) (Amendment) Regulations 1995 (S.I. 1995/186), regs. 1, 2(2)

F8 Reg. 6(1A) inserted (1.10.2002) by The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) (Amendment) Regulations 2002 (S.I. 2002/1724), regs. 1, 5(a)

F9 Reg. 6(3) substituted (1.10.2002) by The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) (Amendment) Regulations 2002 (S.I. 2002/1724), regs. 1, 5(b)

F10 Reg. 6(3A) inserted (1.10.2002) by The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) (Amendment) Regulations 2002 (S.I. 2002/1724), regs. 1, 5(c)

F11 Reg. 6(5) omitted (1.10.2002) by virtue of The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) (Amendment) Regulations 2002 (S.I. 2002/1724), regs. 1, 5(d)

Commencement Information

I4 Reg. 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 ticket 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–

(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

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

(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;

(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);

(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

(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.

(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 ticket which he is not entitled to retain for any reason including–

(a) the alteration or defacement of the ticket;

(b) the fact that the ticket, having been issued for use by another person, was not transferable to him;

(c) the expiry of the ticket; or

(d) a mistake in consequence of which the ticket was issued;

shall surrender the ticket to a driver, inspector or conductor on being required to do so.

Commencement Information

I5 Reg. 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

I6 Reg. 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

I7 Reg. 9 in force at 1.6.1990, see reg. 1

(1)

S.I. 1984/1406.