(Cap 230 section 35) [29 August 1984] (L.N. 313 of 1984) Cap 230A reg 1 Citation PART I PRELIMINARY These regulations may be cited as the Public Bus Services Regulations. Cap 230A reg 2 Interpretation In these regulations, unless the context otherwise requires- "authorized person" (获授权的人) means any person employed by a grantee and authorized by it for the purposes of these regulations; "bus stop" (巴士站) means an area of road that has been designated as a bus stop under regulation 3; (L.N. 19 of 1989) "gangway", (通道) in relation to a bus, means the space provided for obtaining access from any entrance to the passengers' seats or from any such seat to an exit, other than an emergency exit, but does not include a staircase or any space in front of a seat which is required only for the use of passengers occupying that seat or that row of seats; (L.N. 19 of 1989) "identity card" (身分证) means an identity card issued under the Registration of Persons Ordinance (Cap 177); (L.N. 19 of 1989) "pass" (乘车证) means a pass issued by a grantee or by some other person and accepted by a grantee which, subject to these regulations and to any terms or conditions approved by the Commissioner under these regulations, entitles a person to travel (or the travel for a reduced fare) on a bus operated by the grantee under a franchise; (L.N. 19 of 1989) "ticket" (车票) means a single journey ticket, monthly ticket, student ticket or any other document (other than a pass) issued by a grantee or by some other person and accepted by a grantee which, subject to these regulations and to any terms or conditions approved by the Commissioner under these regulations, entitles a person to travel on a bus operated by the grantee under a franchise; (L.N. 19 of 1989) "travel document" (旅行证件) means a passport furnished with a photograph of the holder, or some other document establishing to the satisfaction of an employee of a grantee, the identity of the holder; (L.N. 19 of 1989) "Vietnamese refugee card" (越南难民证) means a card of identity issued by the Director, the Deputy Director or any Assistant Director of Immigration to a Vietnamese refugee. (L.N. 19 of 1989) Cap 230A reg 3 Setting aside of bus stops PART II BUS STOPS (1) The Commissioner may designate an area of road to be a bus stop. (L.N. 19 of 1989) (2) A bus stop may be restricted to- (a) a specified grantee; or (b) a specified route.(3) Subject to regulation 24A, a bus belonging to a specified grantee or on a specified route- (56 of 1986 s. 23) (a) may stop at a bus stop to pick up or set down passengers; (b) shall stop at a bus stop to set down a passenger if requested to do so and, if not at full capacity, to pick up an intending passenger when signalled to do so.(4) The Commissioner may require a grantee to erect and maintain a sign, of a type approved by the Commissioner, at a bus stop, or to remove any sign. (5) No person shall, without the permission of the Commissioner, erect or cause to be erected any sign on or near any road in such a manner that such sign might reasonably be believed to have been erected in accordance with subregulation (4). (6) Every sign which, at the commencement of these regulations, has been lawfully erected on or near a road by a grantee to indicate a bus stop shall be deemed to have been erected in accordance with subregulation (4). (7) (Repealed L.N. 19 of 1989) Cap 230A reg 4 Issue of tickets, etc. PART III TICKETS AND FARES (1) A grantee may issue tickets and passes, and accept tickets and passes issued by any other person, upon such terms and conditions as may be approved by the Commissioner. (2) A grantee shall ensure that a copy, in English and Chinese characters, of the conditions upon which any ticket or pass is issued, is prominently displayed at all times at every fixed place where such ticket or pass is sold and that, on demand, any person who buys such ticket or pass at any such fixed place may receive, without charge, a copy of such conditions. (3) Any person who, for the purposes of obtaining any ticket or pass issued under subregulation (1) for himself or any other person, knowingly makes a false statement commits an offence. Cap 230A reg 5 Fares A grantee shall ensure that fares are collected- (a) against the issue of a ticket; or (b) in such other manner as may be approved by the Commissioner. (L.N. 19 of 1989) Cap 230A reg 6 General duties of grantees PART IV GRANTEES, DRIVERS, CONDUCTORS, AUTHORIZED PERSONS AND PASSENGERS (L.N. 19 of 1989) Every grantee shall ensure that- (a) every bus used by it in connection with its franchise is, at all times when the bus is so used, properly equipped to the satisfaction of the Commissioner with such signs and destination indicators as are referred to in regulation 7; and (b) every driver, conductor and authorized person employed by it is equipped with such uniform as is referred to in regulation 8. Cap 230A reg 7 Sign boards and notices on buses (1) A driver and conductor of a bus when acting as such shall ensure that- (a) there is displayed on the front and rear of the bus signs, of a design and construction approved by the Commissioner, showing the route number; (b) there is displayed on the front of the bus a destination indicator, of a design and construction approved by the Commissioner, showing in English and Chinese characters the destination of the bus; (c) the signs and indicator required to be displayed under paragraphs (a) and (b) are adequately illuminated at all times when, under the provisions of any other enactment, the lights of the bus are required to be illuminated; (d) a sign board with the words "BUS FULL" and the characters "满座" displayed thereon, of a size and design approved by the Commissioner, is exhibited on the bus in such manner as to be easily visible by intending passengers, both by day and by night, whenever the maximum number of passengers which the bus is permitted to carry are travelling thereon, but on no other occasion and at no other time; (e) there is displayed on the bus, to the satisfaction of the Commissioner,- (i) a statement, in English and Chinese characters, of the maximum number of seated and standing passengers authorized to be carried on the bus; (ii) the authorized fare for passengers boarding on the section of the route on which the bus is currently operating; and(f) there are available on the bus written details, in both English and Chinese characters, of the fares and charges authorized to be taken on that route, such details to be available for inspection by passengers on reasonable request being made.(2) The Commissioner may permit the use of a temporary sign under subregulation (1)(a) and a temporary destination indicator under subregulation (1)(b) for such period and subject to such conditions as he may determine. Cap 230A reg 8 Uniform Every driver and conductor of a bus and every authorized person employed by a grantee shall at all times when on duty wear such uniform and carry such badge as shall be approved by the Commissioner. Cap 230A reg 9 Conduct of driver A driver of a bus, when acting as such- (a) shall not cause the bus to remain stationary on a road longer than is reasonably necessary to pick up or set down passengers except at a stand or place where the bus is permitted to stop for a longer time than is necessary for that purpose; (b) shall duly drive the bus by the appointed route to the appointed destination, except when prevented from doing so by accident or other emergency or when ordered not to do so by an authorized person or by a police officer; (c) shall stop his bus at every bus stop which bears an indication that all buses or all buses travelling the route on which his bus is travelling should stop there; (d) shall stop his bus, if signalled to do so, at every bus stop along the route on which his bus is travelling to allow passengers or intending passengers to alight from or to board his bus:Provided that a driver shall be under no obligation to stop his bus in accordance with paragraph (d) for the purpose of picking up passengers when his bus is displaying the sign board specified in regulation 7(1)(d). Cap 230A reg 10 Conduct of conductor and of driver when no conductor is carried (1) A conductor of a bus when acting as such- (a) shall, when a passenger in the bus gives adequate warning that he wishes to alight at the next bus stop, give to the driver such signal as will inform the driver that the bus should be stopped at such place; (b) shall not, except for sufficient reason, by failing to signal the driver to start, cause the bus to remain stationary on a road longer than is reasonably necessary to pick up or set down passengers except at a stand or place where the bus is permitted to stop for a longer time than is necessary for that purpose.(2) A conductor of a bus, when acting as such, and in the case of a bus in which no conductor is carried, a driver- (a) shall not neglect or refuse to admit and to carry at the lawful fare any passenger or intending passenger who can be accommodated without exceeding the authorized capacity of the bus and to whose admission no reasonable objection is made; (b) shall permit any passenger to bring with him such goods as may lawfully, safely and conveniently be carried on the bus; (c) shall not permit any animal, other than a guide dog accompanying a blind person, to be carried on the bus; (d) may refuse to permit any person who is in a dirty condition to enter in or travel in the bus; (e) may refuse to permit any person, whom he has reasonable cause to believe to be intoxicated, mentally unbalanced or suffering from an infectious or contagious disease, to enter in or travel in the bus; (f) may refuse to permit any person, whom he has reasonable cause to believe is carrying goods of a dangerous or offensive nature, to enter in or travel in the bus. Cap 230A reg 11 General conduct of driver and conductor A driver and a conductor of a bus, when acting as such- (a) shall behave in a civil and orderly manner; (b) shall be clean and tidy in his person; (c) shall not smoke in or on the bus during a journey or when it has passengers on board; (L.N. 19 of 1989) (d) shall take all reasonable precautions to ensure the safety of passengers in or on or entering or alighting from the bus; (e) shall, if requested by any police officer in uniform or any person authorized by the Commissioner, give particulars of his licence, if any, his name and the name and address of the grantee by whom he is employed; (f) shall 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 who produces such authority, to examine the bus. Cap 230A reg 11A Consumption of alcohol A driver or conductor of a bus shall not while on duty as such consume any alcoholic drink. (L.N. 19 of 1989) Cap 230A reg 12 General conduct of driver A driver of a bus when acting as such- (a) shall, when picking up or setting down passengers, stop the bus as close to the left or near side of the road as is safe and practicable so to do; (b) shall not, when the bus is in motion, speak to any person unless it is necessary to do so on grounds of safety; (c) shall not unreasonably delay the bus on any journey; (d) shall shut off the engine and ensure that all the passengers are removed from the bus before filling the petrol or oil tank and keep such engine shut off and ensure that all passengers remain out of the bus until such filling is completed; (e) shall shut off the engine if, for any reason, he leaves the bus unattended. Cap 230A reg 13 Power to remove passengers etc. (1) Any person who is an employee of a grantee and who is in uniform and on duty may remove from a bus any person whom he has reasonable cause to believe has contravened these regulations. (2) Any person who is an employee of a grantee and who is in uniform and on duty may require any passenger whom he has reasonable cause to believe has contravened these regulations to give his name and address and produce proof of identity. (L.N. 19 of 1989) (3) Any person who is an employee of a grantee and who is in uniform and on duty may arrest without a warrant any person whom he has reasonable cause to believe has contravened these regulations and may detain such person until he can be handed over to a police officer. (4) A police officer, to whom a person is handed over under subregulation (3), shall take such person into custody without a warrant and thereafter sections 51 and 52 of the Police Force Ordinance (Cap 232) shall apply. (L.N. 19 of 1989) (5) In this regulation "proof of identity" (身分证明) in relation to any passenger means- (a) his valid identity card; (b) a document issued by the Commissioner of Registration acknowledging that that person has applied- (i) to be registered under the Registration of Persons Ordinance (Cap 177); or (ii) for a new identity card under regulation 13 or 14 of the Registration of Persons Regulations (Cap 177 sub. leg.);(c) a valid travel document held by him; (d) documentary proof of identity officially issued to him for the purpose of his service in Her Majesty's regular naval, military or air forces; or (e) a Vietnamese refugee card issued to him. (L.N. 19 of 1989) Cap 230A reg 13A General conduct of passengers and intending passengers (1) No passenger or intending passenger shall- (a) wilfully obstruct, impede or distract the driver of the bus or any authorized person; (b) wilfully obstruct the driver's view of the road or of any traffic; (c) wilfully do or cause to be done with respect to any part of the bus or its equipment, anything which- (i) obstructs or interferes with the workings of the bus or causes damage; or (ii) causes injury, discomfort, annoyance or inconvenience to any other person;(d) 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 (e) throw or wilfully drop anything from a bus.(2) No passenger shall stand- (a) on any part of a bus other than the gangway; (b) on the upper deck of a bus; or (c) 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. (3) A line may be marked transversely on the gangway to indicate the area in which passengers may not stand while the bus is moving. (L.N. 19 of 1989) Cap 230A reg 13B Compliance with directions (1) A driver or conductor of a bus when acting as such may give such directions as he considers necessary in the interests of public safety to any passenger or intending passenger. (2) No passenger or intending passenger shall fail to comply with any direction given under subregulation (1). (L.N. 19 of 1989) Cap 230A reg 14 Carriage of goods PART V CARRIAGE OF GOODS AND LOST PROPERTY (1) A passenger on a bus may carry, without further charge, a package or packages of a total weight not exceeding 5 kg and a total volume not exceeding 0.1 m3 so long as such package or packages may be safely or conveniently carried. (2) A passenger on a bus which the Commissioner has authorized for the carriage of additional goods may carry, in addition to any goods carried under subregulation (1), such other goods as the Commissioner may permit on payment of the appropriate charge specified in the scale of fares determined under section 13(1) of the Ordinance. (3) The carriage of goods under subregulations (1) and (2) is subject to the condition that- (a) the goods shall not occupy any seat and are not placed in the gangway or stairway of the bus; and (b) no goods of an offensive nature shall be carried. (L.N. 19 of 1989) Cap 230A reg 14A Dangerous goods No person shall bring onto any bus any substance or article to which the Dangerous Goods Ordinance (Cap 295) applies. (L.N. 19 of 1989) Cap 230A reg 15 Property to be handed to conductor Any person who finds any property accidentally left in a bus shall immediately hand it in the state in which he finds it to the conductor, or, if no conductor is carried on the bus, to the driver, who shall deal with it in accordance with these regulations. Cap 230A reg 16 Duty of conductor to search a bus Immediately on the termination of any journey by a bus the conductor, or, if no conductor is carried, the driver, shall search the bus so far as is practicable for any property that has been accidentally left therein, and as soon as may be and in any case within 12 hours, shall hand any such property together with any property handed to him in accordance with regulation 15 in the state in which it came into his possession, to the grantee or such employee of the grantee as shall be authorized by the grantee to receive any such property, and such employee shall give the conductor or driver, as the case may be, a receipt for the property: Provided that- (a) any property found by or handed to a conductor or driver may, if he goes off duty before the completion of the journey, either be dealt with by him in accordance with this regulation or handed by him, in the state in which it came into his possession, to the conductor or driver who goes on duty in his place who shall give him a receipt therefor and deal with it in accordance with this regulation; and (b) if, before the property has been handed to the grantee or to his duly authorized employee, it is claimed by a person who satisfies the conductor or the driver that he is the owner thereof it shall be returned to that person forthwith, without fee or reward, on such person giving a receipt therefor containing his name and address to the conductor or the driver who shall, as soon as may be, report the facts and give the claimant's receipt and a description of the property to the grantee or to its duly authorized employee. Cap 230A reg 17 Record of property A grantee shall keep a record of the particulars of any property handed in by a conductor or driver in accordance with regulation 16, the circumstances in which it was found and the name of the conductor or driver into whose possession it first came and the ultimate disposal of the property under these regulations and such record shall, at all reasonable times, be available for inspection by any police officer. Cap 230A reg 18 Safe keeping of property (1) A grantee shall retain in safe keeping any property which comes into its possession in accordance with regulation 16 until claimed by the owner thereof or disposed of in accordance with these regulations. (2) A grantee shall return forthwith all official documents, including licences, passports and identity cards, to the appropriate Government Department or other body or person by whom they were issued. (3) Where the name and address of the owner of any property, other than a document referred to in subregulation (2) are readily ascertainable, the grantee shall forthwith notify him that the property is in its possession and may be claimed in accordance with these regulations. (4) If any property appears to the grantee to be of a perishable or offensive nature and is not claimed and proved to its satisfaction to belong to a claimant within 8 hours of the time of finding or if it becomes objectionable, the grantee may thereupon destroy or otherwise dispose of the property as it thinks fit and, if the property is sold, the grantee shall reward the conductor or driver in the manner provided in regulation 19. Cap 230A reg 19 Unclaimed property If any property retained by a grantee is not proved to its satisfaction to belong to a claimant within 3 months of the date when the property was handed over to it by a conductor or driver, the property shall thereupon vest in the grantee and the grantee may either deliver the property to the conductor or driver or without delay sell the property and in respect of any article which realizes a sum in excess of $2 shall award to the conductor or driver one-fifth, up to an amount not exceeding $25, of the proceeds of such sale, and in computing the amount due to the conductor or driver any part of 10 cents shall be reckoned as 10 cents: Provided that any document not returned to the owner or other appropriate person under regulation 18(3) and which has not been claimed by the person entitled to its return before the expiration of such period of 3 months shall not be delivered to the conductor or driver or sold but shall be dealt with in such manner as the grantee may deem appropriate. Cap 230A reg 20 Claimed property (1) If any property retained by a grantee under regulation 18 is claimed within 3 months of the date on which it was handed over to the grantee by the conductor or driver and the claimant proves to the satisfaction of the grantee that it belongs to him, it shall thereupon be delivered to the claimant upon his signing a receipt therefor and upon payment by him to the grantee of a sum not exceeding 50 cents and, in the case of property of a value exceeding $2, an additional sum, not exceeding $25, of one-fifth of the value of the property, which additional sum shall be awarded by the grantee to the conductor or driver, and in computing the amount due to the conductor or driver any proportion of 10 cents shall be reckoned as 10 cents. (2) For the purposes of this regulation, the value of any property shall be deemed to be such sum as may be agreed between the claimant and the grantee or, failing agreement, such sum as may be fixed by an auctioneer licensed under the Miscellaneous Licences Ordinance (Cap 114), any fee payable to such auctioneer being paid by the claimant. Cap 230A reg 21 Person entitled to award The conductor or driver or other person into whose possession any property first came shall alone be entitled to an award under regulations 18, 19 and 20. Cap 230A reg 22 Costs of packing and carriage Where any property is forwarded to a claimant, all costs of packing and carriage reasonably incurred shall be paid to the grantee by the claimant. Cap 230A reg 23 Liability of grantee, etc. (1) A grantee shall not be liable for any loss, damage or injury to lost property if all due diligence and care has been exercised by the grantee and by its employees in respect thereof. (2) Where lost property is returned by a conductor or driver in accordance with regulation 16(b) or is returned by a grantee in accordance with regulation 20(1), in good faith to a claimant, the conductor, driver or grantee shall not be liable to any further claim in respect of such property. Cap 230A reg 24 Examination of property (1) Where any property is contained in a package, bag or other receptacle, the grantee may cause such package, bag or receptacle to be opened and the contents examined if the grantee considers it necessary for the purposes of identifying and tracing the owner thereof or of ascertaining the nature of its contents. (2) Where any property is claimed by any person, the grantee may require the claimant to open any receptacle in which it may be contained and to submit the contents to examination for the purpose of establishing his claim to ownership or of ascertaining the value of the property. Cap 230A reg 24A Restrictions on putting down and taking up of passengers PART VA PROVISIONS APPLICABLE IN THE NORTH-WEST TRANSIT SERVICE AREA During the period referred to in section 5(9) of the Ordinance every grantee shall within the North-west Transit Service Area ensure that no bus used by it in connection with its franchise, otherwise than as may be permitted by its franchise, or as may be permitted by the Commissioner with the consent of the Kowloon-Canton Railway Corporation, or in an emergency- (a) puts down any passenger who has boarded the bus within the North-west Transit Service Area; or (b) takes up any passenger whose journey is to terminate within the North-west Transit Service Area. (56 of 1986 s. 23) Cap 230A reg 24B Bus stop In addition to any powers which the Commissioner may exercise under regulation 3 he may, during the period referred to in section 5(9) of the Ordinance, within the North-west Transit Service Area restrict a bus stop under that regulation so that it may only be used, or may not be used, by passengers who are travelling to, or arriving from, a point outside the North-west Transit Service Area. (56 of 1986 s. 23) Cap 230A reg 25 Offences and penalties PART VI OFFENCES AND PENALTIES (1) Any person who without reasonable excuse contravenes any requirement made under regulation 3(4) or any of the provisions of regulation 3(3)(b), 3(5), 4(2), 5, 6, 7(1), 8, 9, 10(1), 10(2)(a), (b) or (c), 11(a), (b), (c), (e) or (f), 12(a), (b) or (c), 13A(2), 13B, 15, 16, 17 or 18 commits an offence. (2) Any person who commits an offence under regulation 4(3) or subregulation (1) is liable to a fine of $2000. (3) Any person who without reasonable excuse contravenes any of the provisions of regulation 11(d), 11A, 12(d) or (e), 13A(1) or 14A commits an offence and is liable to a fine of $3000 and to imprisonment for 6 months. (4) Any grantee who fails to ensure compliance with regulation 24A commits an offence and is liable to a fine of $2000. (L.N. 19 of 1989)
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