Q2. What are the general rules of conduct for passengers? What are the legal consequences if passengers do not observe the general conduct?
General conduct of passengers
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 light bus shall not :
- use offensive language or behave disorderly;
- obstruct, impede or distract the driver;
- damage or interfere with the bus;
- spit, damage, soil or deface the bus;
- 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;
- drive the bus or interfere with its doors, mechanisms or controls;
- enter or alight from the bus while the bus is moving;
- behave in a way that delays the bus;
- impedes other passengers from boarding or alighting;
- carry firearms or any dangerous or offensive articles;
- ignore requests from the driver not to board or alight from the bus;
- enter or remain in the bus when the driver is prohibited from permitting passengers to enter or remain at the place in question;
- enter or alight from the vehicle at places where it's not permitted or prohibited;
- 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;
- bring any article onto the vehicle without permission or place it where requested not to;
- use musical instruments, radios or make excessive noise;
- throw articles, attach articles or put any limb out of the bus in a way that overhangs the road;
- enter or alight from the bus otherwise than by the door or opening provided for the entry or exit of passengers; and
- beg, sell, or offer items for sale, or distribute printed or written materials or any items for advertising purposes while inside the vehicle.
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).
Wear seat belt
A passenger of a public light bus shall be securely fastened to his seat by means of a seat belt, if any, provided for his seat: see Regulations 7A and 7B of the Road Traffic (Safety Equipment) Regulations (Cap. 374F).
Any person who contravenes Regulations 7A(1) or (2), 7B(1) or (5) of Road Traffic (Safety Equipment) Regulations (Cap. 374F) commits an offence and is liable to a fine of $5,000 and to imprisonment for 3 months: see Regulation 12(1) of Road Traffic (Safety Equipment) Regulations (Cap. 374F).
A passenger in public light bus who is required to wear a seat belt but who refuses or fails to do so shall leave the vehicle if so required by the driver, and in the case of a public light bus, pay, if he has not already done so, the fare indicated at the time he boarded the vehicle on the card displayed: see Regulation 45A of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
Any person who without reasonable excuse contravenes any of the provisions of, or any requirement under Regulation 45A 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.
Carriage of goods
Under Regulation 41 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), the passenger of a public light bus shall not :-
- carry on goods other than personal hand baggage, except in where goods carried for hire or reward in accordance with a goods permit issued under the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374E): see Regulation 41(1) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D);However, personal hand baggage (個人手提行李) includes wheelchairs, crutches or any other thing used as an aid to or means of mobility, carried by any passenger: see Regulations 41(1) and 41(3) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D). Thus, wheelchairs, crutches or any other thing used as an aid to or means of mobility may be carried onto a public light bus;
- carry on goods which are of a dangerous or offensive nature or are not securely wrapped: see Regulation 41(2) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
Dangerous Goods are:
- Goods harmful to life or presenting a danger to property because they are: explosive, flammable, or volatile; toxic, poisonous, or corrosive substances; substances which become dangerous by interaction with water or air, substances liable to spontaneous combustion or of a readily combustible nature, radioactive material and to such substances to which it is applied by the Chief Executive in Council under certain regulations: Dangerous Goods Ordinance (Cap. 295) Section 3.
Meaning of “offensive”:
- “Offensive” is defined as that which offends against the standard of good taste or good manners which is a breach of the rules of courtesy, or runs contrary to commonly accepted social rules, and may well be ill-advised or hurtful. Whatever offends is rightly termed offensive.
Any person who without reasonable excuse contravenes Regulation 41 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D) commits an offence and is liable on conviction to a fine of $2,000.