Road passenger transport law—basic definitions
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MUCH of the legislation relating to passenger transport by road in Great Britain has been consolidated into Part III of the Road Traffic Act (1960). There are two main objects of this legislation: to protect passengers by ensuring that equipment is safe and that operators are able to face their liabilities; and to see that services are not only part of an economic system but are also reasonably reflective of public requirements.
Too often in studying this legislation, it is so easy to become immersed in a detailed corner of a schedule and to forget basic precepts. Unless there is clarity about basic definitions, a true understanding of this legislation and an assessment of its effectiveness cannot be gained.
The dominant definition is that of a public service vehicle which is interpreted in two ways (Section 117 of the 1960 Act):—
(1) As a motor vehicle used for carrying passengers for hire or reward at separate fares;
(2) As a motor vehicle adapted to carry eight or more passengers for hire or reward.
Trolley vehicles and tramcars are specifically excluded from the definitions. It should also be noted that a private car and vehicles used in car hire are excluded from this category, but once separate fares are charged, a p.s.v. licence is necessary, regardless of vehicle size or type.
The p.s.v. can be operated in one of two ways:—
(1) As a "stage" or "express carriage"; (2) As a "contract carriage". The distinction between stage and express carriage is quite arbitrary. Both carry passengers at separate fares but express carriages have no fares below one shilling. Thus "ordinary" bus services are normally stage carriages, while long-distance coach services and excursions are express carriages.
Contract carriages are p.s.v.s not carrying passengers at separate fares. In this category, the vehicles are carrying eight or more passengers and chartered as a whole by organizations like clubs and societies. Two quite distinctive types of operation have thus evolved from different licences, with stage and express carriage being quasi-monopolistic and contract carriage intensely competitive.
A great deal hinges upon the concept of separate fares. They do not necessarily arise from the simple issue of a ticket on a bus. In some cases fares take the form of deductions from wages by a factory hiring transport or may appear as an element in school fees. An attempt to clarify the position is made in Schedule 20 of the 1960 Act and this Schedule is well worthL particular study.
The Road Traffic Act makes an attempt, in defining contract carriages, to distinguish traffic for which ordinary public transport services are unsuitable. But this aspect of road traffic law still remains as an imperfect dividing line and, consequently, a feature given to much legal wrangling.