Q1. What are the general rules of conduct for public light bus drivers? What are the legal consequences if light bus drivers do not observe the general rules of conduct?
General conduct of driver
Under Regulation 45(1) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), similar to a driver of a public bus and a taxi driver, the driver of a public light bus:
- shall behave in a civil and orderly manner;
- shall be clean and tidy in his person and adequately clothed;
- shall not smoke in or on the vehicle when it has passengers on board;
- shall take all reasonable precautions to ensure the safety of passengers in or on or entering or alighting from the vehicle;
- shall ensure that all exits of the vehicle, including emergency exits, are free from obstruction and, when passengers are on board, are not locked;
- shall, if requested by any police officer or traffic warden in uniform or any person authorized by the Commissioner of Police, give particulars of his name and address and the name and address of the public light bus company by whom he is employed;
- shall not, at any reasonable time, obstruct, or neglect to give all reasonable information and assistance to, any person having authority to examine the vehicle;
- shall not cause the vehicle to remain stationary on a road longer than is necessary to pick up or set down passengers except at a stand or place where such vehicles are permitted to stop for a longer time than is necessary for that purpose;
- shall not unreasonably delay the journey; and
- shall not congregate or assemble with other drivers to the annoyance of members of the public.
Any person who without reasonable excuse contravenes Regulation 45(1) 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).
No Soliciting
A public light bus driver shall not in any manner attract or endeavour to attract any person in order to induce such person to make use of the vehicle: see Regulation 40 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
Any person who without reasonable excuse contravenes Regulation 40 commits an offence and is liable on conviction to a fine at HK$10,000 and to imprisonment for 6 months: see Regulation 57(4) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
Public service vehicle badges
Under Regulation 43 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), a public light bus driver :-
- shall, if is issued with a badge, at all times when he is on duty, wear his badge in a conspicuous position: see Regulation 43(2) of the Road Traffic (Public Service Vehicles) Regulations (374D);
- shall not, if is not issued with a badge, wear a badge: see Regulation 43(3)(a) of the Road Traffic (Public Service Vehicles) Regulations (374D);
- shall not, wear a badge which is altered or defaced: see Regulation 43(3)(b) of the Road Traffic (Public Service Vehicles) Regulations (374D);
- shall not, wear anything purporting to be a badge issued under Regulation 43(1) of the Road Traffic (Public Service Vehicles) Regulations (374D) that is not such a badge: see Regulation 43(4) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
Any person who without reasonable excuse contravenes Regulations 43(2), (3) or (4) commits an offence and is liable on conviction to a fine of $2,000.
Destination indicators and fares to be displayed on public light buses
Under Regulation 50 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D) :-
- A driver of a public light bus shall ensure that, at all times when it is used for the carriage of passengers for hire or reward, there is displayed at the front of the vehicle a destination indicator that indicates the destination of the vehicle in a clearly visible and legible manner;
- A destination indicator displayed on a public light bus must—
- be of a design and construction specified by the Commissioner for Transport by notice published in the Gazette;
- clearly indicate the destination of the vehicle in English and in Chinese characters by reference to a road junction or a similarly precise location; and
- comply with the colour requirements specified in Schedule 6, i.e. that for a destination indicated by means of a roller blind—letters and characters in white on a dark blue, green, yellow or red background; and for a destination indicated by any other means—letters and characters in yellow or amber on a dark non-reflective background: see Road Traffic (Public Service Vehicles) Regulations ( 374D) at Schedule 6;
- A driver of a public light bus shall ensure that, at all times when it is used for the carriage of passengers for hire or reward, there is displayed at the front of the vehicle in a prominent position a card which complies with Regulation 50(4) of the Road Traffic (Public Service Vehicles) Regulations ( 374D) showing the fare chargeable for carriage to the destination indicated on the destination indicator;
- A card displayed on a vehicle in accordance with Regulation 50(3) of the Road Traffic (Public Service Vehicles) Regulations ( 374D) shall—
- be of a design and construction specified by the Commissioner for Transport by notice published in the Gazette;
- indicate the fare in Arabic numerals with the dollar sign (“$”);
- A public light bus company, and a driver of a public light bus, shall not—
- change or remove a destination indicator while passengers are being carried thereon with intent to induce any passenger to—
- alight from the vehicle before reaching the destination indicated on the indicator at the time the passenger boarded the vehicle; or
- pay a fare additional to the fare indicated on the card displayed on the vehicle under Regulation 50(3) of the Road Traffic (Public Service Vehicles) Regulations ( 374D) at the time the passenger boarded the vehicle;
- without reasonable excuse, require any passenger to alight from the vehicle before reaching the destination indicated on the destination indicator at the time the passenger boarded the vehicle; or
- cause or permit to be displayed at the front of the vehicle more than one destination indicator at any one time;
- change or remove a destination indicator while passengers are being carried thereon with intent to induce any passenger to—
Any person who without reasonable excuse contravenes any of the provisions of, or any requirement under Regulation 50 commits an offence and is liable on conviction to a fine of $2,000.
Information to be displayed on public light buses
(i) Notice to wear seatbelt
Under Regulation 51(3) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), the owner of a public light bus shall ensure that there is displayed on the public light bus, so as to be clearly visible at all times of the day and night to any passenger who is required by Regulation 7A or 7B of the Road Traffic (Safety Equipment) Regulations (Cap. 374F) to wear a seat belt, a notice which shall meet the requirements of Schedule 8 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
Schedule 8 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D) provides that :-
A notice shall—
- clearly indicate to the passenger referred to in that regulation, that if he does not wear a seat belt—
- he commits an offence;
- the driver of the vehicle may refuse the hire or to drive; and
- he may be required to pay the fare and leave the vehicle;
- be in English and Chinese; and
- be of a size and a background colour and consist of such letters and characters of a size and colour so as to be easily legible and visible to a passenger referred to in Regulation 51(3), and be constructed of a durable and water resistant material.
Under Regulation 51(4) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), no person shall drive a public light bus when it is being used for the carriage of passengers for hire or reward unless there is displayed on the public light bus a notice required to be displayed in accordance with Regulation 51(3) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
(ii) public light bus driver identity plate
Under Regulation 51(5A) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), when a public light bus is standing for the purpose of picking up passengers, or being used for the carriage of passengers, for hire or reward, the driver must display in it a public light bus driver identity plate that complies with Regulation 51(6) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D) in a holder that complies with Regulation 51(7) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D) and neither of which is in any way obscured.
Under Regulation 51(6) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), the driver identity plate referred to in Regulations 51(1)(c), 51(5) and 51(5A) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D) must :-
- be a valid driver identity plate;
- be of the size, design, form and construction, and displayed in the position in the public light bus as specified by the Commissioner for Transport by notice in the Gazette;
- show the captions “PUBLIC LIGHT BUS DRIVER IDENTITY PLATE” and “公共小巴司機證”;
- show the driver’s full name as shown in his identity card in English and, where appropriate, in Chinese;
- bear the driver’s photograph that is recent as at the date of issue;
- show the date of issue and the date of expiry; and
- not show or bear any thing or matter that is not specified in paragraphs (b), (c), (d) and (da) or that is not in accordance with the form specified under paragraph (a) of Regulation 51(6) of Road Traffic (Public Service Vehicles) Regulations ( 374D).
Under Regulation 51(7) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), the holder referred to in Regulations 51(1)(c), 51(5) and 51(5A) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D) must –
- be of the size, design and construction, and displayed in the position in the public light bus, as specified by the Commissioner for Transport by notice in the Gazette; and
- show the registration mark of the public light bus.
Any person who without reasonable excuse contravenes Regulations 51(3), 51(4), 51(5A) commits an offence and is liable on conviction to a fine of $2,000.