The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990

[F1 Effects of faulty or malfunctioning equipment E+W+S

15.— (1) Where the fulfilment of a duty owed by a driver or a conductor under—

(a) regulation 12 (duties towards wheelchair users of Schedule 1 vehicles),

(b) regulation 13 (duties concerning kneeling systems etc towards disabled persons using Schedule 2 or 3 vehicles) or

(c) regulation 14 (general duties towards wheelchair users and other disabled persons),

requires the use or operation of any equipment, kneeling system or folding or retractable step and there is a fault in, or a failure in the operation of, that equipment, system or step, the person owing the duty shall not permit a wheelchair user, or other disabled person or any other passenger to board or alight from the vehicle or (if already on board) to travel on the vehicle unless he is satisfied that such persons can do so in safety.

(2) A driver or a conductor shall not be considered to have failed to ensure fulfilment of the duty under either regulation 13(2) (duties concerning kneeling systems etc) or regulation 16 (display of route numbers etc) if, and to the extent that, the performance of that duty involves the proper functioning of equipment on the vehicle but there is a fault in, or a failure in the operation of, that equipment which prevents it being used.

(3) In this regulation—

“equipment” means any equipment fitted to a regulated public service vehicle in order to comply with Schedule 1, Schedule 2 or Schedule 3 and which a driver and a conductor must operate for the safe fulfilment of the relevant duty; and

“kneeling system or folding or retractable step” has the same meaning as in regulation 13(3).]

Textual Amendments

F1 Pt. 4 inserted (1.10.2002) by The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) (Amendment) Regulations 2002 (S.I. 2002/1724), regs. 1, 6