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

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

Requirement to wear seatbelt

A passenger of a taxi 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 a taxi who is required by Regulations 7A and 7B of the Road Traffic (Safety Equipment) Regulations (Cap. 374F) to wear a seat belt but who refuses or fails to do so shall leave the vehicle if so required by the driver, an authorized person, or a police officer; and in the case of a taxi, pay the legal fare then recorded on the taximeter: 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.

General conduct of passenger

Under Regulation 46(1) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), similar to that of a public bus or public light bus, a passenger or intending passenger on a taxi shall not—

1. use obscene or offensive language or conduct himself in a disorderly manner;

2. wilfully obstruct, impede or distract the driver of the vehicle or an authorized person;

3. wilfully do or cause to be done with respect to any part of the vehicle or its equipment, or any accessory thereto, anything which is calculated—

1. 1. to obstruct or interfere with the working of the vehicle or to cause damage; or

1. 2. to cause injury, discomfort, annoyance or inconvenience to any other person;

4. spit or wilfully damage, soil, deface or defile any part of the vehicle or any equipment thereon, or any accessory thereto;

5. wilfully 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 vehicle;

6. drive the vehicle, or interfere with its doors or any other mechanism, device or control which forms part of the vehicle or which is connected with the vehicle;

7. enter or alight from the vehicle while it is in motion;

8. when entering or attempting to enter the vehicle—

1. 1. impede any passenger seeking to enter or alight from the vehicle; or

1. 2. behave in any other manner which is likely to delay the vehicle;

1. enter, remain or travel in or on the vehicle while in possession of—

1. 1. any firearm, unless he is a police officer, or member of the Hong Kong Auxiliary Police Force under the Hong Kong Auxiliary Police Force Ordinance (Cap. 233) or of the Customs and Excise Service under the Customs and Excise Service Ordinance (Cap. 342), and is on duty; or

1. 2. any other dangerous or offensive article;

10. enter or remain in or on the vehicle when requested not to do so by the driver or an authorized person on the grounds that—

1. 1. the petrol or oil tank of the vehicle is to be filled;

1. 2. the vehicle is carrying its full complement of passengers; or

1. 3. the driver or licensee is debarred, by reason of any enactment or by reason of any condition attached to the vehicle licence or passenger service licence issued in respect of the vehicle, from permitting any passenger to enter or remain in the vehicle at the place in question;

11. enter or alight from the vehicle when requested not to do so by the driver or an authorized person on the grounds that, by reason of any enactment or by reason of any condition attached to the vehicle licence or passenger service licence issued in respect of the vehicle, the place in question is a place where—

1. 1. the vehicle is not permitted to stop; or

1. 2. the passengers are prohibited from entering or alighting from the vehicle;

50. if his condition is such as to be offensive to passengers on the vehicle, or the condition of his dress or clothing is such that it may be reasonably expected to soil or injure any lining, cushion, seat or other part of the vehicle or the clothing of any passenger on the vehicle, enter or remain in or on the vehicle after the driver of the vehicle, or an authorized person or police officer, has requested him—

1. 1. not to enter the vehicle; or

1. 2. to leave the vehicle,

by reason of his condition or of the condition of his dress or clothing;

1000. bring any article into or onto the vehicle without the permission of the driver or an authorized person, or place such article in any place in which such driver or authorized person may have requested him not to place such article;

14. when in or on the vehicle—

1. 1. use or operate to the annoyance of any other person any noisy or musical instrument or any gramophone, radio or tape player;

1. 2. make or combine with any other person to make excessive noise by singing or shouting;

1. 3. throw within the vehicle or on to any road or footway any article or thing;

1. 4. attach to or trail from the vehicle any streamer, balloon, flag or other article or set or put anything out of the vehicle in such manner as to overhang the road; or

1. 5. lean out or put any limb out of the vehicle in such manner as to overhang the road.

Any person who without reasonable excuse contravenes any of the provisions of, or any requirement under Regulation 46 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).