Last Updated: 25 April 2022

[LAT 10,120] Conduct of passengers23 

23
(1) A passenger on a public service vehicle, other than a rental vehicle, must not—
  • (a)use obscene or offensive language or conduct himself or herself in a riotous or disorderly manner;
  • (b)enter or alight from the vehicle otherwise than by the door or opening provided for the purpose;
  • (c)when entering or attempting to enter the vehicle, wilfully or unreasonably impede passengers seeking to enter or alight from the vehicle;
  • (d)enter or remain in or on the vehicle, if requested by an authorised person, police officer or any authorised officer if the vehicle is carrying its full complement or if an operator is debarred from picking up passengers at the place in question by reason of the conditions attached to the operator's road service licence;
  • (e)travel in or on any part of the vehicle not provided for the conveyance of passengers;
  • (f)wilfully do or cause to be done, with respect to any part of the vehicle or its equipment, anything calculated to obstruct or interfere with the working of the vehicle or to cause injury or discomfort to another person;
  • (g)when the vehicle is in motion, distract the attention of the driver or speak to the driver without reasonable cause;
  • (h)spit upon or from, or wilfully damage, soil or defile, any part of the vehicle;
  • (i)when in or on the vehicle, for the purpose of advertising distribute printed or similar matter of any description or distribute any article;
  • (j)wilfully remove, displace, deface or alter any number plate, notice board, fare table, route indicator or destination board or any printed or other notice or advertisement in or on the vehicle;
  • (k)when in or on the vehicle, annoy or cause nuisance to other persons by using or operating any noisy instrument, or make or combine with any other person or persons to make any excessive noise by singing, shouting or otherwise;
  • (l)throw any article out of the vehicle or attach or throw from or trail from the vehicle any streamer, balloon, flag or other article that may cause or pose a danger to another person in or on the vehicle or on the road;
  • (m)wilfully obstruct or impede any authorised person in carrying out any duty upon or in connection with the vehicle;
  • (n)subject to regulation 21(3), bring in or upon the vehicle any animal, or any article of an offensive character or of such dimensions as to inconvenience any passenger, or any substance which might soil or damage the vehicle or the apparel of any passenger;
  • (o)enter or travel in or on the vehicle with loaded firearms or any dangerous article;
  • (p)with intent to avoid payment, leave the vehicle without paying the fare for the journey which the passenger has taken;
  • (q)if requested by an authorised person, refuse to leave the vehicle on the completion of the journey for which the fare has been paid;
  • (r)enter or attempt to enter or, having entered, refuse to leave the vehicle while in a state of intoxication;
  • (s)enter or alight from the vehicle or attempt to do so while the vehicle is in motion;
  • (t)if requested to do so, fail to produce to a police officer or an authorised officer a ticket issued to him or her in respect of the journey.
(2) A person hiring or using a public service vehicle who—
  • (a)fraudulently evades payment of the fare or charge lawfully owed;
  • (b)having failed or refused to pay the fare or charge, refuses to give to the driver of the vehicle his or her correct name and an address at which he or she can be found or gives a false name or address;
  • (c)when lawfully required by the driver, the conductor of the vehicle, a police officer or an authorised officer, fails to—
    • (i)declare the journey which he or she intends to take or has taken in the vehicle;
    • (ii)pay the fare for the whole of the journey and accept the ticket, if any, tendered to him or her;
    • (iii)leave the vehicle on completion of his or her journey;
    • (iv)produce his or her ticket;
    • (v)surrender his or her ticket on expiry of the period for which it was issued;
    • (vi)give his or her correct name and an address at which he or she can be found.
  • (d)leaves the vehicle without having paid the fare owed by him or her except with the consent of the driver or conductor,

commits an offence.

(3) A person who, without the consent of the driver, enters or attempts to enter—
  • (a)already has its full complement of passengers;
  • (b)is hired by any other person; or
  • (c)is not being used for carrying passengers,

commits an offence.

(4) A passenger who smokes or causes to be smoked any form of tobacco product on a public service vehicle, other than a rental vehicle, whilst it is carrying passengers, commits an offence.
(5) A person who contravenes or is reasonably suspected by the driver or the conductor to have contravened any provision of this regulation may be—
  • (a)removed from the vehicle by the driver or the conductor or at the request of a driver or conductor by a police officer or an authorised officer; or
  • (b)required by the driver, the conductor, a police officer or an authorised officer to give his or her name and an address at which he or she can be found.
(6) If a person is convicted under this regulation, the court may, in addition to imposing any penalty, order the defendant to pay to the owner of the vehicle a sum it considers just as compensation for any damage done to the vehicle arising out of the commission of the offence.
(7) For the purpose of this regulation, “authorised person” means the licensee of the vehicle or any employee of the licensee on duty in connection with the vehicle or any other person authorised under the Act.
(8) A person hiring or otherwise using a public service vehicle or any other vehicle must not cause the vehicle to be used contrary to any condition of its licence or permit.