No. 187/1937:

LARGE PUBLIC SERVICE VEHICLES (CONDUCT) REGULATIONS, 1937.

LARGE PUBLIC SERVICE VEHICLES (CONDUCT) REGULATIONS, 1937.

ARRANGEMENT OF ARTICLES.

1. Short title.

2. Interpretation.

3. Definition of vehicle.

4. Reference to conductor.

5. Rules for conductor and driver.

6. Rules for persons employed.

7. Rules for conductor.

8. Rules for driver.

9. Rules for passengers.

10. Additional rules for omnibuses.

11. Power to remove objectionable passengers.

12. Power to exclude objectionable passengers.

13. Prohibition on entering vehicle.

14. Articles which are dangerous, offensive, etc.

15. Animals.

16. Power to exclude or remove articles or animals.

S.I. No. 187 of 1937.

LARGE PUBLIC SERVICE VEHICLES (CONDUCT) REGULATIONS, 1937.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

ROAD TRAFFIC ACT, 1933 .

The Minister for Local Government and Public Health after consultation with the Minister for Industry and Commerce, in exercise of the powers conferred on him by Section 123 of the Road Traffic Act, 1933 , and in exercise of every other power enabling him in this behalf, hereby makes the following regulations, that is to say :—

1. These Regulations may be cited as the Large Public Service Vehicles (Conduct) Regulations, 1937.

2. The Interpretation Act, 1923 , shall apply to the interpretation of these regulations in the same manner in which it applies to the interpretation of an Act of the Oireachtas.

3. In these regulations the expression "vehicle" means a vehicle which is being used as a large public service vehicle.

4. Every reference in these regulations to the conductor of a vehicle shall, in relation to a vehicle on which there is no conductor, be interpreted where the context so permits as a reference to the driver of the vehicle.

5. The conductor and the driver of a vehicle shall comply with the following rules, that is to say:—

(1) Each shall behave in a civil and orderly manner.

(2) Neither shall smoke in or on a vehicle while the vehicle move or stands in a public place.

(3) Each shall be in constant attendance on the vehicle while engaged as the conductor or driver thereof.

(4) Each shall take all reasonable precautions to ensure the safety of passengers in or on or entering or alighting from the vehicle.

(5) Each shall give all reasonable assistance and information to any person having authority to examine the vehicle.

(6) Each shall give, if so requested, to any member of the Gárda Síochána or to any other person having reasonable cause, his name, the name and address of the person by whom he is employed and particulars of his licence.

6. Every person employed in or about a vehicle other than the conductor or driver shall behave in a civil and orderly manner and shall refrain from smoking in or on the vehicle while the vehicle moves or stands in a public place.

7. The conductor of a vehicle shall comply with the following rules, that is to say:—

(1) He shall not, except for sufficient reason, by failing to signal to the driver to start, or by signalling to the driver to stop, or otherwise, cause the vehicle to remain stationary on a road longer than is reasonably necessary to take up or set down passengers except at a stand or place where the vehicle is permitted to stop for a longer time than is necessary for the said purpose.

(2) He shall by signal or otherwise cause the driver to stop the vehicle—

(a) for the purpose of enabling passengers to enter or leave the vehicle at a point where the vehicle can lawfully be stopped for the purpose of taking up or setting down passengers;

(b) when he observes a member of the Gárda Síochána in uniform signalling the vehicle to stop;

(c) when the vehicle is involved in any occurrence whereby any person is injured or any property is damaged and the driver of the vehicle might not be aware of such occurrence;

(d) in any emergency of which the driver of the vehicle might not be aware and which renders it advisable to stop the vehicle in order to avoid injury to any person or damage to any property.

(3) Save and except for the purposes and in the circumstances mentioned in the next preceding rule or at a regular stopping place on a journey or at the end of the journey, he shall not, by signal or otherwise, cause the vehicle to stop.

(4) He shall keep the driver informed either by signal or otherwise whether the vehicle is or is not at any time carrying the maximum number of passengers which at the time and in the circumstances it is lawful to carry on the vehicle.

(5) He shall not when the vehicle is in motion distract the driver's attention without reasonable cause, or speak to him unless it is necessary to do so in order to give directions in relation to the driving or management of the vehicle.

(6) When he is informed by the driver that the driver intends to cause the vehicle to move in the reverse direction, he shall leave the vehicle and stand to the rear of the vehicle where he can be seen by the driver and guide the driver until the reverse movement is completed.

(7) He shall to the best of his ability take steps whenever necessary to enforce the provisions of these regulations relating to the conduct of passengers.

(8) He shall insure that any article which may be carried in or on the vehicle (whether such article is or is not accompanied by the owner thereof) is so placed and arranged that it will not interfere with the comfort or safety of passengers.

(9) He shall take all reasonable precautions to ensure that every means provided for indicating the route, the fares, and the destination of the vehicle is clearly and correctly displayed, and that any current time-table provided is available for inspection on demand.

(10) He shall not wilfully deceive or refuse to inform any passenger or intending passenger as to the destination or route of the vehicle or as to the fare for any journey on the route of the vehicle.

(11) In the case of fire in the vehicle he shall immediately make every reasonable effort to extinguish the fire, using where necessary the appliances provided for that purpose.

8. The driver of a vehicle shall comply with the following rules, that is to say :—

(1) He shall stop the vehicle

(a) when signalled to do so by any person in the vehicle

(b) when signalled to do so by any person outside the vehicle who wishes to be a passenger at a point where the vehicle can lawfully be stopped for taking up passengers unless the vehicle is already carrying the maximum number of passengers, which at the time and in the circumstances it is lawful to carry on the vehicle;

(c) in any emergency which renders it advisable to stop the vehicle in order to avoid injury to any person or damage to any property;

(d) at any point or in any circumstances where he is required to stop the vehicle by any Act, order or byelaw.

(2) Save, as is provided by the next preceding rule, or at a regular stopping place or at the end of the journey, he shall not stop the vehicle.

(3) He shall not start the vehicle from rest unless he is satisfied that he can do so without infringing any Act, order or byelaw and without causing any danger to person or property.

(4) Where the vehicle is used with a conductor the driver shall not, except in order to avoid injury to any person or damage to any property in an emergency, cause the vehicle to move in reverse without informing the conductor of his intention and without the guidance of the conductor acting in accordance with the relevant provisions of the immediately preceding Article.

(5) He shall, when the vehicle is stationary for a period exceeding three minutes, stop the engine of the vehicle.

(6) He shall, so far as possible, assist the conductor to extinguish any fire occurring in the vehicle.

9. Every passenger or intending passenger shall comply with the following rules, that is to say:—

(1) He shall not wilfully obstruct or impede the driver or conductor of the vehicle or any other person employed in or about the vehicle.

(2) He shall not enter or alight from the vehicle while the vehicle is in motion.

(3) He shall not enter or alight from the vehicle otherwise than by the doors or openings provided for the purpose, and he shall not enter or alight from any emergency door or opening except in an emergency.

(4) He shall not travel in or on any part of the vehicle no provided for the conveyance if passengers.

(5) He shall not travel in or on the upper deck of a double-decked vehicle unless he occupies a seat provided for that purpose.

(6) He shall comply with any lawful direction given to him by the conductor for the purpose of ensuring the comfort or safety of passengers in the vehicle or with regard to the placing and arrangement of any article in his possession which is carried on the vehicle.

(7) He shall not use obscene or offensive language or conduct himself in a riotous or disorderly manner.

(8) He shall not smoke or carry a lighted pipe, cigar or cigarette in or on any part of the vehicle in or on which a notice is exhibited that smoking is prohibited.

(9) He shall not spit upon or from the vehicle or wilfully damage, soil or defile any part of the vehicle.

(10) He shall not when in or on the vehicle distribute printed or similar matter of any description or distribute any article for the purpose of advertising or offer any article for sale.

(11) He shall not, to the annoyance of other passengers, either use or operate any noisy instrument or make or combine with any other person or persons to make any excessive noise by singing, shouting or otherwise.

(12) He shall not throw out of the vehicle any bottle, liquid or litter or any other article or thing likely to annoy persons or to cause danger or injury to any person or property.

(13) He shall not touch or interfere with the engine or steering gear or any part of the controlling mechanism of the vehicle.

(14) Where a door is fitted to the opening through which passengers enter and leave the vehicle, he shall not open such door unless the vehicle is stationary and no conductor is available.

(15) He shall not wilfully do or cause to be done with respect to any part of the vehicle or its equipment anything which is calculated to obstruct or interfere with the working of the vehicle or to cause injury or discomfort to any person.

(16) He shall not 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.

(17) He shall not, when the vehicle is in motion, distract the driver's attention without reasonable cause.

(18) He shall not give any signal which might be interpreted by the driver as a signal from the conductor to start.

(19) He shall not by signal or otherwise, except for the purpose of enabling him to enter or leave the vehicle at a point where the vehicle can lawfully be stopped for the purpose of taking up and setting down passengers, cause the driver to stop the vehicle.

10. When a vehicle is used as an omnibus

(a) the driver shall not enter into conversation with the conductor or any other person while the vehicle is in motion;

(b) a passenger shall not speak to the driver except to request the driver to stop the vehicle, where it is necessary to do so.

11.—(1) The conductor of a vehicle may request any passenger on a vehicle to leave the vehicle if either :—

(a) such passenger is, in the opinion of the conductor, in a condition offensive to passengers in the vehicle or,

(b) if the clothing of such passenger is such that it may be reasonably expected to injure the linings or cushions of the vehicle or the clothing of other passengers.

(2) Where any passenger in a vehicle is requested under this Article by the conductor of the vehicle to leave the vehicle such passenger shall leave the vehicle forthwith, and if such passenger fails so to leave the vehicle he may be removed from the vehicle by the conductor, who may for that purpose use such force as may be necessary.

12. The conductor of a vehicle may exclude from the vehicle any person who, if he were a passenger on the vehicle could be requested to leave the vehicle under the last preceding article.

13.—(1) A person shall not enter a vehicle when requested not to do so by the conductor of the vehicle either :—

(a) on the ground that the vehicle is already carrying the maximum number of passengers which at the time and in the circumstances it is lawful to carry on the vehicle, or

(b) because the taking up of passengers at the place and time in question is unlawful, or

(c) in exercise of the powers conferred on the conductor by these regulations to exclude persons from the vehicle.

(2) Where any person attempts to enter a vehicle in contravention of this Article the conductor may prevent him from so entering the vehicle and may use such force as may be necessary for that purpose.

14.—(1) Subject to the provisions of the next following sub-article no dangerous or offensive article shall be carried by a vehicle.

(2) The immediately preceding sub-article shall not prevent the carriage on a vehicle of either

(a) fuel and lubricant necessary for the vehicle, or

(b) any substance which is so packed that even in the case of an accident to the vehicle it is unlikely to cause damage or injury to the vehicle or passengers carried therein.

(3) No loaded firearm shall be carried by a vehicle unless it is on the person of a member of any of the Defence Forces of Saorstát Eireann or of a member of the Gárda Síochána.

(4) No bulky or cumbersome article shall be carried by a vehicle except with the consent of the conductor and in such portion of the vehicle as the conductor shall direct.

15. No animal shall be carried by a vehicle except with the consent of the conductor, which consent may be at any time withdrawn, and in such portion of the vehicle as the conductor shall direct.

16.—(1) The conductor of a vehicle may remove from the vehicle any article or animal, the carrying of which by the vehicle is prohibited by these regulations, and may use such force as shall be necessary for that purpose.

(2) The conductor of a vehicle may prevent any person from bringing into the vehicle any article or animal the carrying of which is prohibited by these regulations and may use such force as shall be necessary for that purpose.

Given under the Official Seal of the Minister for Local Government and Public Health this Fourth day of August, One Thousand Nine Hundred and Thirty-seven.

(Signed) SEÁN T. O CEALLAIGH,

MINISTER FOR LOCAL GOVERNMENT

AND PUBLIC HEALTH.