Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990
| Jurisdiction | UK Non-devolved |
| Citation | SI 1990/1020 |
| Year | 1990 |
1990 No. 1020
PUBLIC PASSENGER TRANSPORT
The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990
Made 2nd May 1990
Laid before Parliament 11th May 1990
Coming into force 1st June 1990
The Secretary of State for Transport, in exercise of the powers conferred by sections 24(1), 25(1) and (4) and 60 of the Public Passenger Vehicles Act 19811(“the 1981 Act”), and sections 23(2)(b), 134(1) and 137(1) of the Transport Act 19852and of all other enabling powers, and after consultation with representative organisations in accordance with section 61(2) of the 1981 Act3, hereby makes the following Regulations:–
PART I
Citation and Commencement
1. These Regulations may be cited as the Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990 and shall come into force on 1st June 1990.
Revocation
2. The Regulations specified in the Schedule to these Regulations are hereby revoked.
PART II
Interpretation
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;
“licence” means a licence to drive a vehicle granted under section 22 of the 1981 Act;
“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.
(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)
(a) it is computed in accordance with a fare table available on the vehicle; and
(b)
(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.
The conduct of drivers, inspectors and conductors
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)
(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)
(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)
(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)
(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).
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)
(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
(b)
(b) shall not smoke in or on a vehicle except in one of the circumstances specified in paragraph (4).
(4) The circumstances referred to in paragraph (3)(b) are that–
(a)
(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)
(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.
The conduct of passengers
6.—(1) No passenger on a vehicle shall–
(a)
(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)
(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)
(c) throw or trail any article from the vehicle;
(d)
(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)
(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)
(f) except with the permission of the operator, sell or offer for sale any article;
(g)
(g) speak to the driver unless–
(i) in an emergency or on grounds of safety; or
(ii) it is to give directions as to the stopping of the vehicle;
(h)
(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)
(j) travel on any part of the vehicle which is not provided for the carriage of passengers;
(k)
(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 19844;
(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)
(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.
(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)
(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)
(b) if requested to move it from the vehicle by the driver, inspector or conductor, shall remove it.
(3) Paragraph (2)(b) shall not apply to the bearer of a card issued by the Guide Dogs for the Blind Association who has with him a guide dog unless–
(a)
(a) the vehicle is–
(i) a double-decked vehicle; or
(ii) a single-decked vehicle of which the overall length is 8.5 metres or more; and there are already two or more dogs on board; or
(b)
(b) the vehicle is a...
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