When a driver is late
Page 52
If you've noticed an error in this article please click here to report it so we can fix it.
by Les Oldridge, TEng (CEO, MIMI, AMIRTE
THIS WEEK I am turning my attention to the conductor's responsibility on PSV. Regulation 6 of the Public Service Vehicles (Drivers, Conductors and Passengers) Regulations 1936, deals with this.
The conductor must not, when the vehicle is in motion, distract the driver's attention without reasonable cause or speak to him unless it is necessary for him to do so in order to give directons on stopping the vehicle.
He must take all reasonable precautions to ensure that destination boards are clearly and correctly displayed.
He must, to the best of his ability, take steps whenever necessary to enforce the regulations relating to the conduct of passengers.
Regulation 7 says that the driver of a stage or express carriage, when picking up or setting down passengers, must stop as close to the nearside of the road as possible. He must not allow the vehicle to remain stationary longer than is reasonably necessary to pick up or set down passengers. This rule does not apply if the bus is stopped at a special place where it is permitted to stop for a longer period than at the ordinary bus stop.
In Ellis v Smith (1962) 3 All ER 954 it was held that where a vehicle remained stationary longer than necessary because of the late arrival of a relief driver, the driver who was going off duty committed an offence against the regulation because he was in charge of the vehicle until he handed it over to the relief driver.
In practice this decision of the court could cause great difficulty. It is not sufficient for the driver to wait with the bus until his relief arrives; the essence of the offence is allowing the bus to remain stationary —to comply with the law the driver must continue the journey. Suppose at this time he has completed the maximum hours driving permitted by law. Does he drive on and commit a driving hours offence or remain stationary and commit an offence against the 1936 Regulations? I would hope that in such circumstances a police constable would view the case sympathetically and allow the bus to remain until a relief driver is available.