Look after the passengers .. .
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by Les Oldridge, TEng (CEO, MIMI, AMIRTE THE Public Service Vehicles
(Conduct of Drivers, Conductors and Passengers) Regulations 1936 have recently been amended and while considering the alterations in the law it may be as well to review the whole of this important legislation.
Surprisingly, although these regulations came into effect on July 1, 1936, they have remained almost unchanged until the recent amendments to cope with hooliganism and violence. The regulations form the basis of many companies instruction books.
The Regulations are in four parts: Part 1 gives various definitions; Part II deals with drivers and conductors; and Part III with passengers. I propose to deal with Parts II and III and refer to Part I as any particular term in the regulations requires defining. Regulation 4 requires drivers and conductors to behave in a civil and orderly manner and not to smoke in or on a vehicle during a journey or when passengers are on board, This requirement applies not only when the vehicle is in motion but when "passengers are on board," It is an offence, therefore, for the crew to smoke on the bus while waiting at a terminus if there are passengers in the bus. Drivers and conductors must take all reasonable precautions to ensure the safety of passengers in or on or entering or alighting from the vehicle, In Reid v MacNicol 1958, SLT 42 it was held that this regulation imposes a duty of care with regard Ito passengers entitled to enter the vehicle but none with regard to a passenger attempting ' to board a vehicle in motion, In dthe Police v Ohouhwo 1954 rim LR 869 it was held that an ntending passenger might, al his own risk, board a bus at