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Q1. What are the general rules of conduct of bus drivers? What are the legal consequences if bus drivers do not observe the general rules of conduct?

(i) Sign boards and notices on buses

 

Under Regulation 7(1) of the Public Bus Services Regulations (Cap. 230A), a driver of a bus must:

 

  1. display signs on the front and back of the bus showing the route number;
  2. display a destination indicator on the front of the bus in English and Chinese characters;
  3. ensure that the signs and indicator are always illuminated when the bus lights are on;
  4. display a “BUS FULL”  and “滿座” sign when the bus is carrying the maximum number of passengers allowed;
  5. display a statement in English and Chinese characters showing the maximum number of passengers allowed on the bus, along with the authorized fare for that section of the route; and
  6. make written details of authorized fares and charges available on the bus, in both English and Chinese characters, for passengers to inspect upon request.

 

(ii) Uniform

 

Every driver of a bus must at all times when on duty wear such uniform and carry such badge: see Regulation 8 of the Public Bus Services Regulations (Cap. 230A).

 

(iii) Conduct of driver

 

Under Regulation 9 of the Public Bus Services Regulations (Cap. 230A), a driver of a bus must:

 

  1. only stop the bus for as long as necessary to pick up or drop off passengers, except at stands or places where longer stops are allowed;
  2. follow the designated route to the destination, except in the case of an emergency or if ordered not to by an authorized person or police officer; and
  3. stop at every bus stop that indicates that all buses or all buses on the route should stop there; and
  4. stop at every bus stop along the route if signalled by passengers who want to get on or off the bus provided that the driver is not required to stop the bus to pick up passengers if the “BUS FULL” sign is displayed.

 

Under Regulation 12 of the Public Bus Services Regulations (Cap. 230A), a driver of a bus must:

 

  1. stop the bus as close to the left or near side of the road as is safe and practical when picking up or dropping off passengers;
  2. not talk to anyone while the bus is in motion unless it is necessary for safety reasons;
  3. not unreasonably delay the bus during any journey;
  4. turn off the engine and make sure all passengers have exited the bus before filling the petrol or oil tank, keep the engine off and make sure passengers stay out of the bus until filling is complete; and
  5. turn off the engine if leaving the bus unattended.

 

(iv) Conduct of driver when no conductor is carried

 

Under Regulation 10(2) of the Public Bus Services Regulations (Cap. 230A), in the case of a bus in which no conductor is carried, a driver—

 

  1. must allow any passenger who can be accommodated without exceeding the authorized capacity of the bus and who has paid the lawful fare to board the bus, unless there is a reasonable objection;
  2. must allow passengers to bring goods that are lawful, safe, and convenient to be carried on the bus;
  3. must not allow any animals, except for guide dogs accompanying blind people, on the bus;
  4. may refuse entry or travel to any person who is in a dirty condition;
  5. may refuse entry or travel to any person who the driver has reason to believe is intoxicated, mentally unbalanced, or suffering from an infectious or contagious disease; and
  6. may refuse entry or travel to any person who the driver has reasonable cause to believe is carrying dangerous or offensive goods.

 

(v) General conduct of driver

 

Under Regulation 11 of the Public Bus Services Regulations (Cap. 230A), a driver of a bus —

 

  1. must behave in a civil and orderly manner;
  2. must be clean and tidy in his person;
  3. must not smoke in or on the bus during a journey or when it has passengers on board; must take all reasonable precautions to ensure the safety of passengers in or on or entering or alighting from the bus;
  4. must, if requested by any police officer in uniform or any person authorized by the Commissioner for Transport, give particulars of his licence, if any, his name and the name and address of his company;
  5. must not, at any reasonable time, obstruct, or neglect to give all reasonable information and assistance to, any police officer in uniform, or any person authorized by the Commissioner for Transport who produces such authority, to examine the bus.

 

In addition, under Regulation 45(1) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), the driver of a public bus —

 

  1. must ensure that all exits of the vehicle, including emergency exits, are free from obstruction and, when passengers are on board, are not locked;
  2. must not congregate or assemble with other drivers to the annoyance of members of the public.

 

(vi) Consumption of alcohol

 

While on duty, a bus driver must not consume any alcoholic drink: see Regulation 11A of the Public Bus Services Regulations (Cap. 230A).

 

(vii) Public service vehicle badges

 

If issued with a badge, a bus driver must wear his badge in a conspicuous position at all times when he is on duty: see Regulation 43(2) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).

 

Legal consequences if bus drivers do not observe the general rules of conduct

 

Any person who without reasonable excuse contravenes any of the following provisions of regulation:

 

  1. 7(1) – Sign boards and notices on bus
  2. 8 – Uniform
  3. 9 – Conduct of driver
  4. 10(2)(a), (b) or (c) – Conduct of conductor and of driver when no conductor is carried
  5. 11(a), (b), (c), (e), or (f) – General conduct of driver and conductor
  6. 12(a), (b) or (c) – General conduct of driver

 

commits an offence; and is liable to a fine at $2,000: see Regulation 25(1) and Regulation 25(2) of the Public Bus Services Regulations (Cap. 230A).

 

Any person who without reasonable excuse contravenes any of the following provisions of regulation:

 

  1. 11(d) - Taking reasonable precautions to ensure safety of passengers;
  2. 11A - Consumption of Alcohol
  3. 12(d) or (e) - scenarios when engine needs to be shut off

 

commits an offence and is liable to a fine at $5,000 and to imprisonment for 6 months: see Regulation 25(3) of the Public Bus Services Regulations (Cap. 230A).

 

Any person who without reasonable excuse contravenes any of the provisions of, or any requirement under, regulation 45(1), i.e. General conduct of driver, commits an offence and is liable on conviction to a fine of $3,000 and to imprisonment for 6 months: see Regulation 57(1) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).