Road Traffic Act, 1961

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Bye-laws with respect to stopping places and stands for omnibuses.

86.—(1) In this section—

references to stopping places shall be construed as references to stopping places directed by notice under section 85 of this Act;

references to stands shall be construed as references to stands directed by notice under that section;

“provide” includes erect or place, and also maintain, and cognate words shall be construed accordingly.

(2) The Commissioner may, with the consent of the Minister, make bye-laws for all or any of the following purposes:

(a) controlling the stopping of omnibuses on any route on which there are stopping places;

(b) controlling the use by omnibuses of stopping places and stands;

(c) prohibiting, from stopping at or being parked in the vicinity of stopping places and stands, vehicles other than those for which stopping places or stands are directed;

(d) enforcing order at stopping places and stands (including requiring queueing of intending passengers).

(3) Different bye-laws may be made under this section—

(a) in respect of different classes of vehicles,

(b) for different circumstances.

(4) Where a person uses an omnibus in contravention of a bye-law under this section, he and, if he is not the owner of the omnibus, such owner shall each be guilty of an offence.

(5) Where a person uses a mechanically propelled vehicle other than an omnibus in contravention of a bye-law under this section, he and—

(a) if he is not the registered owner of the vehicle, such owner, and

(b) if the vehicle is the subject of a hire-drive agreement on the occasion in question and the person using it is not the hirer under the agreement, such hirer,

shall each be guilty of an offence.

(6) Where a person contravenes a bye-law under this section and the contravention does not constitute an offence under subsection (4) or subsection (5) of this section, he shall be guilty of an offence under this subsection.

(7) Where a person charged with an offence under subsection (4) of this section is the owner of the vehicle, it shall be a good defence to the charge for him to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised.

(8) (a) Where a person charged with an offence under subsection (5) of this section is the registered owner of the vehicle, it shall be a good defence for him to show that the vehicle was being used on the occasion in question by another person and that—

(i) such use was unauthorised, or

(ii) the vehicle was on that occasion the subject of a hire-drive agreement.

(b) Where a person charged with an offence under subsection (5) of this section is the hirer of the vehicle, it shall be a good defence for him to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised.

(9) Where there are stopping places or stands in respect of a route upon which omnibuses are operated—

(a) the person carrying on the service may, with respect to any stopping place or stand, provide thereat a sign to indicate that it is a stopping place or stand and provide markings on the roadway, in the vicinity thereof, indicating the area within which vehicles (other than vehicles for which the stopping place or stand is directed) are not to be stopped or parked;

(b) the said person, on request by the Commissioner with respect to any stopping place or stand, shall provide such sign and markings as aforesaid at that stopping place or stand;

(c) a sign or markings provided under or in pursuance of this subsection shall be of a size, form and colour approved of by the Minister;

(d) a sign or markings provided under or in pursuance of this subsection may be provided on a public road without the consent of the road authority charged with the maintenance of the road;

(e) the said person may provide, or contribute to the provision of, a shelter for intending bus passengers at or near any stopping place or stand, subject, where the shelter is provided on a public road, to the consent of the road authority charged with the maintenance of the road;

(f) a sign provided at a stopping place or stand and indicating such stopping place or markings provided on the roadway in the vicinity of a stopping place or stand and indicating an area in which vehicles are not to be stopped or parked shall, in any prosecution for an offence under this Act, be presumed, until the contrary is shown by the defendant, to have been so provided lawfully and to be of a size, form and colour approved of by the Minister.

(10) Where a person, without lawful authority, removes, defaces or otherwise injures a sign or shelter provided under this section, he shall be guilty of an offence.