Q8. Is the driver responsible for passengers not wearing seat belts installed on the vehicle? If passengers refuse to cooperate, can the driver refuse to drive the vehicle?
Is the driver responsible for passengers NOT wearing seat belts installed on the vehicle?
No, the driver of a public light bus is not legally responsible for passengers who do not wear seat belts installed on the vehicle.
However, the owner of a public light bus shall ensure that there is a notice displayed on the public light bus so as to be clearly visible at all times of the day and night to any passenger who is required to wear a seat belt: see Regulation 51(3) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
Schedule 8 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D) provides that the notice shall—
(a) clearly indicate to the passenger who is required to wear a seatbelt that not wearing one is an offence, and as a consequence, the driver may refuse the hire or to drive, and the passenger may be required to pay the fare and leave the vehicle.
(b) be in both English and Chinese.
(c) be of a size, background color, and consist of letters and characters that are easily legible and visible to the passenger who is required to wear a seatbelt. The notice must also be constructed of durable and water-resistant material.
If passengers refuse to cooperate, can the driver refuse to drive the vehicle?
Yes. The driver of a public light bus may refuse to hire or to drive the vehicle if a passenger in the vehicle refused or failed to wear a seat belt: see Regulation 37A(1) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
Under Regulation 45A of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), a passenger in a public light bus who is required to wear a seat belt but who refuses or fails to do so shall—
- leave the vehicle if so required by the driver, an authorized person or a police officer; and
- if he has not already done so, pay the fare indicated at the time he boarded the vehicle on the card displayed.