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New psv regulations
Page 66
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By Les Oldridge, T.Eng. (CEO. MIMI, AMIRTE.
THE LAW concerning public service vehicles is much more stable than that appertaining to goods vehicles. For example, the 1960 Road Traffic Act is still the principal act which governs the operation of State. Express and Contract carriages. A change in public service vehicle law is, therefore, something of an event, particularly in the case of the Public Service Vehicles (Lost Property) Regulations 1978. These regulations, which came into effect on January 1, 1979, repeal the 1934 Regulations, which with minor amendments, dealt with this subject previously.
Anyone who has had experience in dealing with lost property will agree that it is a difficult, time consuming and thankless task. Occasionally, even in the best run lost property offices, articles which have been handed in get mislaid and then accusations of dishonesty are made by members of the public against the staff. Where a public service is concerned this is a very serious matter; the allegations are easy to make but difficult to disprove and for this reason it is important that all members of public service vehicle operator's staff are familiar with the requirements of the regulations and comply with them.
The Regulations which, incidentally, do not apply to property left in a vehicle belonging to or under the control of the London Transport Executive, lays down the procedure to be followed when property is found on a psv. Regulation 5 requires any person finding property accidentally left on a psv to immediately hand it, in the state in which he finds it, to the conductor of the vehicle, or where that is not practicable, to the operator's lost property office. Where there is no conductor on the vehicle the Regulations state that the driver assumes the responsibilities of the conductor.
Regulation 6 states that the conductor must search the vehicle for lost property at the conclusion of a journey. Any property he finds or any property previously handed to him must be taken as soon as possible, and in any case within 24 hours, to the vehicle operator or his representative. An operator's representative who receives any found property must deliver it within 48 hours to the operator with all the particulars of the circumstances in which it was found and with the name of the conductor into whose possession it first came or he must forward full particulars to the operator together with the address at which he has custody of the property.
Operators must keep property in safe custody. Official documents such as licences, passports and aliens' identity books must be returned, not to the holder, but to the issuing authority. Where it is possible to ascertain the name and address of the owner of the property, other than in the case of the official documents referred to above, the loser must be notified that the property is in possession of the operator and that it may be claimed in accordance with the Regulations. The Regulations give the operator power to open packages, bags or other receptacles and to examine the contents to identify and trace the owner of the property and to establish its nature and value.
Records of transactions concerning lost property must be kept for twelve months and ,these records must be made available for inspection at any reasonable time by a constable or any person authorised by the Traffic Commissioners for the area in which the record is kept.
Unclaimed property valued at less than 50p may be sold after being in the operator's possession for one month. Pro perty with a greater value must be retained for at least 3 months. Official documents which it has not been possible to return to the issuing body may be disposed of as the operator deems to be appropriate Proceeds of the sale of lost property may be disposed of as the operator thinks fit. Perishable property not claimed within 48 hours may be destroyed or disposed of as the operator wishes. Property which becomes objectionable may be destroyed or disposed of at any time.
Where property is forwarded to a claimant by an operator the cost of packing and carriage reasonably incurred must be paid in advance by the claimant.
Persons claiming property must pay the vehicle operator' the charge specified in Schedul 2 of the Regulations.
Under the old Regulation when a loser claimed proper/. valued at more than 10p he wa required to pay one twelfth o the value of the property as reward to the conductor. Ther was also a requirement tha when an operator sold lost prc perty one twelfth of the prc ceeds had to be handed back t the conductor. In either case th payment to the conductor caul' not exceed £4. The nes, Regulations do not stipulate thrz conductors shall be s rewarded. However, there i nothing to prevent an operate devising his own reward schem out of the proceeds of lost prc perty sales. Passengers can giv a reward if they so desire.