Q2. What are the rules of general conduct of passengers? What are the legal consequences if passengers do not observe the rules of general conduct?

Q2. What are the rules of general conduct of passengers? What are the legal consequences if passengers do not observe the rules of general conduct?

Passenger in relation to a vehicle means any person carried in or on it other than any driver or conductor of it: see Section 2 of the Road Traffic Ordinance (Cap. 374).

General conduct of passengers or intending passengers

Under Regulation 13A(1) of the Public Bus Services Regulations (Cap. 230A), no passenger or intending passenger shall —

1. wilfully obstruct, impede or distract the driver of the bus or any authorized person;
2. wilfully obstruct the driver’s view of the road or of any traffic;
3. wilfully do or cause to be done with respect to any part of the bus or its equipment, anything which—

• obstructs or interferes with the workings of the bus or causes damage; or
• causes injury, discomfort, annoyance or inconvenience to any other person;

4. improperly interfere with the doors or any other mechanism, device or control which forms part of the bus or which is connected to the bus; or
5. throw or wilfully drop anything from a bus.

Under Regulation 13A(2) of the Public Bus Services Regulations (Cap. 230A), no passenger shall stand—

1. on any part of a bus other than the gangway;
2. on the upper deck of a bus; or
3. on a single-decked bus or on the lower deck of a double-decked bus, forward of the rearmost part of the driver’s seat,

while the bus is moving.

Under Regulations 46(1) and 46(2) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), a passenger or intending passenger on a public bus shall not :-

1. use offensive language or behave disorderly;
2. obstruct, impede or distract the driver;
3. damage or interfere with the bus;
4. spit, damage, soil or deface the bus;
5. remove, displace, deface or alter any number plate, fare table, route indicator or destination board or any printed or other notice or advertisement in or on the bus;
6. drive the bus or interfere with its doors, mechanisms or controls;
7. enter or alight from the bus while the bus is moving;
8. behave in a way that delays the bus;
9. impedes other passengers from boarding or alighting;
10. carry firearms or any dangerous or offensive articles;
11. ignore requests from the driver not to board or alight from the bus;
12. enter or remain in the bus when the driver is prohibited from permitting passengers to enter or remain at the place in question;
13. enter or alight from the vehicle at places where it's not permitted or prohibited;
14. board or remain on the bus if their condition, dress or clothing is offensive or likely to soil or damage the bus or other passengers' clothing;
15. bring any article onto the vehicle without permission or place it where requested not to;
16. use musical instruments, radios or make excessive noise;
17. throw articles, attach articles or put any limb out of the bus in a way that overhangs the road;
18. enter or alight from the bus otherwise than by the door or opening provided for the entry or exit of passengers; or
19. beg, sell, or offer items for sale, or distribute printed or written materials or any items for advertising purposes while inside the vehicle.

Legal consequences if passengers do not observe the rules of general conduct?

Any person who without reasonable excuse contravenes Regulation 13A(1) of the Public Bus Services Regulations (Cap. 230A) 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 Regulation 13A(2) of the Public Bus Services Regulations (Cap. 230A) commits an offence and is liable to a fine at $2,000: see Regulations 25(1) and 25(2) of the Public Bus Services Regulations (Cap. 230A).

Any person who without reasonable excuse contravenes Regulation 46 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D) 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).