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By Les Oldridge, T.Eng (CEI), MIMI, AM I RTE
LOST AND FOUND
The Public Service Vehicles (Lost Property) Regulations 1934
ANYONE who has had experience in dealing with lost property will agree that it is a • time-consuming, difficult and thankless task.
Unless there is a strictly controlled, properly supervised system, with adequate storage space and foolproof documentation, articles will get mislaid and accusations of dishonesty will then be made by members of the public against the staff responsible for the lost property office.
These are difficult to refute and undoubtedly this is why regulations were made over 40 years ago to govern the handling of property found on public service vehicles.
The Public Service Vehicles (Lost Property) Regulations 1934 contain the relevant law on this subject, and it is to the credit of the legislators of that time that these Regulations have needed only minor amendments over the years.
The Regulations do not apply ,to property found in a vehicle belonging to London Transport, but apply to all other public service vehicles of whatever class. It does not matter whether the vehicle is a school bus operating in the heart of rural England or a double-decker in a busy urban area; the same law applies.
Vehicle search
Any person who finds property accidentally left in a psy must hand it to the conductor (RegulatiOn 4). Honest people usually hand property they have found to the police. In the case of property found on a bus the police will not accept it and they will direct the finder to the offices of the company who operate the vehicle.
Regulation 5 places a duty on the 'conductor, either immediatelybefore or on the termination of the journey, to search the vehicle for any property left therein. As soon as possible, and in any case within 24 hours, he must hand any property he finds together with any property he may not have had handed to him to the operator of the vehicle or his representative.
If the conductor goes off duty before the completion of the journey, he may hand any found property in his possession to the conductor who relieves him. This conductor must give him a receipt for it.
Driver's responsibility
Incidentally, although the Regulations refer to the "'conductor". Regulation 2 provides that if there is no conductor on the vehicle the driver must carry out the duties assigned to the conductor in the Regulations.
If the owner of the property claims it from the conductor before he has handed it in to his employer. the conductor must return it to the owner without fee or reward.
He must, of course, satisfy himself that the person claiming the property is the rightful owner, who must give his name and address to the conductor. He, in turn, must report the circumstances to his employer.
Arrangements must be made for the safe custody of property handed in to the operator, who must keep accurate records of all the property found. These records are open to inspection, at any reasonable time, by a police officer or a person authorised by the Traffic Commissioners.
Official documents, including licences passports and aliens' identity books, must be returned by the operator to the government department or local authority which issued them.
Many of these documents bear the name and address of the loser and one would think it would be easier to return them direct to the loser, but the Regulations decree otherwise.
When the name and address of the owner appears on any property other than that previously detailed, the operator must notify the owner that the property is in his possession and that it may be claimed in accordance with the Regulations.
Property not claimed within three months must be returned to the conductor or sold at the operator's discretion. If an article is sold and it realises more than 10p, the conductor must be awarded one-twelfth of the proceeds of the sale, but the maximum amount the conductor may receive is £.4.
The variety of articles lost is astounding; everything from false teeth to ladies' underwear finds its way into the lost property office.
Perishable goods
A particular difficulty arises when perishable goods are found. One can appreciate the problem when a couple of pounds of fresh (sic) fish are left on a bus. The Regulations recognise this problem and authorise the operator to dispose of perishable goods after 48 hours by selling, destroying or otherwise disposing of them as he thinks fit. If the goods are sold the conductor is entitled to his reward in the ordinary way.
When the property is claimed at the lost property office by the owner, who is able to satisfy the operator that he is the rightful owner, the goods must be handed over on the payment of a fee not exceeding 5p.
Where the value of the property exceeds 10p, the claimant
must pay one-twelfth of th, value of the property as a rewan to the conductor, in addition t, the fee. As in the case when th. operator sells the property, th. reward to the conductor mus not exceed £4.
Where there is a dispute ove the value of the property, it mus be fixed by a licensed appraiser whose fee must be paid by thi claimant.
Cost of packing Where property is forwardec to a loser, the total cost of pack ing and carriage reasonabl, incurred must be paid by him.
Where property is containei in a package, bag or othe receptacle, it may be opene( and its contents examined t( assist in identifying and tracim the owner or ascertain the na ture of its contents.
When property is claimed b. the loser, the operator ma. require him to open any pack age to establish his claim ti ownership of the property.
The maximum penalty fo contravention of the Regula tions is only a C.:.5 fine, but must be remembered that i actual dishonesty is involved there may be a very much mon severe punishment, includim imprisonment, under the Thel Act.
No reward
Generally, property founc and handed to the police is kep by them for three months and then, if not claimed, returned t( the finder. There is no provisior for this to be done in thE Regulations, and some ma) consider this to be unfair. Or would think that a passenge who on finding a valuable artick on a bus hands it to the law conductor should be entitled tr a reword if the article is no claimed.