Government Omnibus Regulations 1952

Citation

1 These Regulations may be cited as the Government Omnibus Regulations 1952.

Interpretation

2 (1) In these Regulations—

"authorized servant" means any driver, inspector or other ser vant of the Board duly authorized by the Board to exercise the powers in relation to which the expression is used;

"child" means a person who has attained the age of five years but has not attained the age of sixteen years;

"fare" means the fare for any journey prescribed under the Gov ernment Omnibus (Fares) Regulations 1952 [title 21 item 1(b)];

"fare-box" means a box of such description as the Board may determine for the reception of cash or tickets;

"handicapped person" means a person who satisfies the Board that although he is able to get on and off an omnibus un aided, he is suffering from a physical or mental disability to such an extent that—

(a) his earning capacity is restricted; or

(b) he is wholly or partially dependent upon some other per son for financial support;

"monthly pass" means a pass issued by or on behalf of the Board for the duration of a month;

"multi-day pass" means a pass issued by or on behalf of the Board for the duration of less than one month in respect of any journey;

"ticket" means a zone check issued to an intending passenger by or on behalf of the Board entitling him to make the journey in respect of which the ticket has been issued;

"term pass" means a pass issued to a student for the duration of a school term in respect of any journey;

"transfer pass" means a pass which entitled the holder to trans fer from one omnibus to another in order to complete the journey for which he has paid;

"waiting room" means a waiting room under the control of the Board provided for the use of persons intending to travel in Government omnibuses.

(2) Upon boarding a Government omnibus every intending pas senger shall declare his intended journey and shall either—

(a) deposit in the fare-box an amount of cash appropriate to the journey intended; or

(b) deposit in the fare-box a ticket appropriate to the jour-
ney intended; or

(c) deliver to the driver a transfer pass issued by an autho rized servant or agent and valid for the intended journey; or

(d) exhibit to the driver a valid multi-day, monthly or term pass; or

(e) exhibit to the driver a special transportation identification.

[Regulation 2 amended by BR 12/1997 effective 1 April 1997]

Payment of fare

3 Upon boarding a Government omnibus every intending passen ger in respect of whom a fare is payable shall declare his journey and shall deposit the appropriate fare in the fare-box.

Evading payment

4 (1) Any person who, with intent to defraud—

(a) travels any distance in a Government omnibus without—

(i) depositing in the fare-box an appropriate amount of cash or ticket; or

(ii) exhibiting to the driver a valid multi-day, monthly or term pass; or

(iii) delivering to the driver a valid transfer pass; or

(b) causes or permits any child under his charge to travel any distance in a Government omnibus without de positing in the fare-box the appropriate amount of cash or ticket or without deliv ering to the driver a valid transfer pass or without ex hibiting to the driver a valid multi-day, monthly or term pass as the case may be; or

(c) during or in connection with any journey by a Govern ment omnibus uses or attempts to use, either for himself or for any child under his charge, any ticket, or transfer pass which has already been used in respect of a previous journey,

commits an offence against these Regulations:

Punishment on summary conviction: a fine of $175 in the case of a first offence and in the case of a second or subsequent offence a fine of $252.

(2) Without prejudice to any proceedings that may be taken under paragraph (1), any authorized servant who has reasonable grounds for suspecting that any person in a Government omnibus is guilty of an offence under that paragraph may require that person to tender the appropriate fare or fares payable in respect of his journey, or to leave the omnibus at the first opportunity; and if that person does not comply with any such requirement as aforesaid any authorized servant, or any person acting under the direction of an authorized servant, may remove him, together with any child under his charge in respect of whom the commission of an offence is suspected as aforesaid, from the om nibus at the first opportunity.

[Regulation 4 amended by BR 12/1997 effective 1 April 1997]

Failure to produce ticket

5 Any person who, when travelling on a Government omnibus fails or refuses on being required to do so by an authorized servant, to pro duce for examination or to deliver up his ticket, transfer pass, multi-day pass, monthly pass or term pass, or the ticket, transfer pass, multi-day pass, monthly pass or term pass of any child under his charge, commits an offence against these Regulations:

Punishment on summary conviction: a fine of $84.

[Regulation 5 amended by BR 12/1997 effective 1 April 1997]

Fraudulent alteration of ticket

6 Any person who, with intent to defraud, alters, defaces or muti lates any ticket, transfer pass, multi-day pass, monthly pass or term pass commits an offence against these Reg ulations:

Punishment on summary conviction: a fine of $84.

[Regulation 6 amended by BR 12/1997 effective 1 April 1997]

Fraudulent transfer of ticket

7 (1) Subject as hereinafter provided, no person shall issue, sell or buy, or attempt to issue sell or buy, or transfer or receive, any ticket, transfer pass, multi-day pass, monthly or term pass, with intent that he or any other person shall use that ticket, transfer pass, multi-day pass, monthly pass or term pass for the purposes of travelling by Government omnibus; and no person shall use or attempt to use any ticket, transfer pass, multi-day pass, monthly pass or term pass which has been issued, sold, bought, transferred or received in contra vention of this regulation:

Provided that nothing in this regulation shall apply or have effect in relation to the sale or issue of any ticket, transfer pass, multi-day pass, monthly pass or term pass by, or to the purchase of any ticket, transfer pass, multi-day pass, monthly pass or term pass from any officer, servant or agent of the Board duly authorized by the Board in that behalf.

(2) Any person who contravenes this regulation commits an offence:

Punishment on summary conviction: a fine of $175.

[Regulation 7 amended by BR 12/1997 effective 1 April 1997]

Offensive behaviour

8 Any person who, in a Government omnibus or at any bus-stop or in any waiting room—

(a) is drunk; or

(b) uses any offensive, indecent, obscene or profane lan guage or makes any offensive or indecent gesture; or

(c) writes, draws or affixes any offensive, indecent, obscene or profane words, representation or characters on any part of the omnibus or on any part of such waiting room; or

(d) spits or commits any nuisance; or

(e) deposits any rubbish otherwise than in a container in tended therefor; or

(f) behaves in a disorderly, offensive or indecent manner; or

(g) without reasonable excuse (the proof of which shall be upon him) interferes with the comfort or convenience of any passenger or intended passenger in a Government omnibus, or of any person leaving a Government om nibus; or

(h) wilfully obstructs or interferes with any officer or servant of the Board acting in the performance of his duty, or refuses to comply with any request or order lawfully made or given under these Regulations,

commits an offence against these Regulations:

Punishment on summary conviction: a fine of $175 and, without prejudice to any proceedings that may be taken against him under this regulation, any such person may be removed from the omnibus, bus-stop or waiting room by, or under the direction of, any authorized ser vant.

Improper dress

9 If any person who is improperly dressed, or whose dress or per son is in a condition likely to soil or injure any seat or furnishings of a Government omnibus or the person of any passenger therein, or who is in an unfit or improper condition to travel by Government omnibus, en ters or remains in any Government omnibus and, on being required by an authorized servant to leave the omnibus, fails or refuses to do so at the first opportunity, then he may be removed by, or under the direction of, an authorized servant; and if any such person, until he leaves or is removed as aforesaid, falls or refuses to place or dispose himself as re quired by an authorized servant he commits an offence against these Regulations:

Punishment on summary conviction: a fine of $175.

Wilful damage

10 Any person who wilfully breaks, cuts, tears, soils, defaces or otherwise wilfully damages any Government omnibus or any of the fit tings, furnishings and decorations of any Government omnibus or of any waiting room, or who breaks, defaces or otherwise damages or removes any notice board, notice or advertisement in or upon any Government omnibus or waiting room, or who wilfully defaces or moves or damages any other property of the Board used in connection with the operation of Government omnibuses, commits an offence against these Regulations:

Punishment on summary conviction: a fine of $175.

Unlawfully moving Government omnibus

11 Any person, other than a servant of the Board acting in the per formance of his duty, who without reasonable excuse, the proof of which shall be upon him, wilfully moves or sets in motion or attempts to move or set in motion any Government omnibus commits an offence against these Regulations:

Punishment on summary conviction: a fine of $252.

Entering while in motion

12 (1) Any person, other than a servant of the Board acting in the performance of his duty, who enters or leaves or attempts to enter or leave any Government omnibus while it is in motion, commits an offence against these Regulations:

Punishment on summary conviction: a fine of $84.

(2) Any person who throws or drops from any omnibus any bottle or any article or thing likely to injure or damage any person or property, commits an offence against these Regulations:

Punishment on summary conviction: a fine of $175.

Animals

13 Any person who, after being requested not to do so by an autho rized servant, takes or causes or allows to be taken, or causes or allows to remain in any Government omnibus—

(a) any dog, cat, bird, reptile or other animal; or

(b) any article or thing which in the opinion of the autho rized servant is by reason of its nature causing or likely to cause annoyance to other persons in the omnibus, or to obstruct their proper seating and passage,

commits an offence against these Regulations:

Punishment on summary conviction: a fine of $175, and the animal, article or thing may be removed from the omnibus by, or under the direction of, an authorized servant.

Dangerous articles

14 (1) No person—

(a) shall, without lawful excuse, the proof of which shall be upon him, take into or place in, or cause or allow to be taken into or placed in any Government omnibus or waiting room, any loaded firearm or other loaded weapon of any kind;

(b) shall, without written permission granted by or on behalf of the Board, take into or place in, or cause or allow to be taken into or placed in, any Government omnibus or waiting room, any inflammable, explosive or corrosive gas, spirit, liquor, substance or matter, or any other ar ticle or thing which is or is likely to be dangerous to any person or property.

(2) Any person who contravenes this regulation commits an offence against these Regulations:

Punishment on summary conviction: a fine of $175; and, with out prejudice to any proceedings that may be taken against him, any such article or thing as aforesaid may, if he does not remove it at the re quest of an authorized servant, be removed from the omnibus or waiting room by, or under the direction of, any authorized servant.

Smoking

15 Any person—

(a) who smokes in any Government omnibus or waiting room where smoking is expressly prohibited by notice therein; or

(b) who, after being requested not to do so by an authorized servant, smokes in any Government omnibus or waiting room where smoking may be dangerous,

commits an offence against these Regulations:

Punishment on summary conviction: a fine of $84; and, without prejudice to any proceedings that may be taken against him, if he per sists in smoking after being requested to desist by an authorized servant or by any passenger in a Government omnibus, he may be removed from the omnibus or waiting room by, or under the direction of, any autho rized servant.

Hawking

16 (1) Except with permission granted by or on behalf of the Board no person while in any Government omnibus or waiting room shall hawk, sell or expose or offer for sale any article or goods whatsoever, or tout for or solicit any alms, award, custom or employment.

(2) Any person who contravenes any of the foregoing provisions of this regulation commits an offence against these Regulations:

Punishment on summary conviction: a fine of $84; and, without prejudice to any proceedings that may be taken against him, if he per sists in the contravention after being requested by an authorized servant to desist, he may be removed from the omnibus or waiting room by, or under the direction of, any authorized servant.

Refusal to leave when full

17 Any person who, after being requested by an authorized servant not to do so, enters or remains in any Government omnibus which al ready contains the full number of passengers which it is constructed to carry, commits an offence against these Regulations:

Punishment on summary conviction: a fine of $84; and, if he persists in the contravention, he may be removed from the omnibus by, or under the direction of, any authorized servant.

Bookmaking; gambling

18 Any person—

(a) who enters or remains in any Government omnibus or waiting room for the purpose of bookmaking, betting or wagering or agreeing to bet or wager, or paying, receiving or settling bets or wagers with any person; or

(b) who plays at any game of chance or skill for money or money's worth in any omnibus or waiting room after having been requested by an authorized servant to desist therefrom,

commits an offence against these Regulations:

Punishment on summary conviction: a fine of $84; and, without prejudice to any proceedings that may be taken against him, may be re moved from the omnibus or waiting room by, or under the direction of, any authorized servant.

Loitering

19 Any person who, not being lawfully entitled to do so, loiters or remains in any Government omnibus or waiting room after being re quested by an authorized servant to leave the omnibus or waiting room, commits an offence against these Regulations:

Punishment on summary conviction: a fine of $175; and, with out prejudice to any proceedings that may be taken against him, may be removed from the omnibus or waiting room by, or under the direction of, any authorized servant.

Lost property

20 (1) Any person who finds property accidentally left in a Gov ernment omnibus shall immediately hand it in the state in which he finds it to the driver of the omnibus.

(2) Any person who fails to comply with this regulation com mits an offence against these Regulations:

Punishment on summary conviction: a fine of $175.

Summary jurisdiction

21 Offences against these Regulations shall be prosecuted before a court of summary jurisdiction.

Savings

22 No provisions of these Regulations whereby criminal proceedings may be taken in respect of an act or omission constituting an offence against these Regulations shall be construed so as to derogate from or abridge any provision of law other than these Regulations by virtue of which proceedings (whether criminal or civil) may be taken in respect of that act or omission.

[Amended by
SR&O 33/1973
SR&O 17/1977
BR 17/1987
BR 12/1997]

Bermuda Consolidated Legislation

Government Omnibus Regulations 1952