Traffic (Public Passenger Vehicles) Regulations (2013 Revision) THE TRAFFIC LAW

Traffic (Public Passenger Vehicles) Regulations (2013 Revision) CAYMAN ISLANDS Supplement No. 17 published with Gazette No. 21 of 21st September, 2013. THE TRAFFIC LAW (LAW 26 OF 2011) TRAFFIC (PUBLIC PASSENGER VEHICLES) REGULATIONS (2013 Revision) Revised under the authority of the Law Revision Law (1999 Revision) [Public Passenger Vehicles Regulations made the 13th June, 1995 consolidated with the Public Passenger Vehicles (Amendment) Regulations, 1998 made the 24th February, 1998, the Public Passenger Vehicles (Amendment) Regulations, 2007 made the 6th March, 2007, the Public Passenger Vehicles (Amendment) Regulations, 2008 made the 10th June, 2008, all revoked by virtue of section 26 of the Interpretation Law (1995 Revision)] the Traffic (Public Passenger Traffic (Public Passenger Vehicles) Regulations (2013 Revision) Vehicles) Regulations, 2012 made the 29th August, 2012 and the Traffic (Public Passenger Vehicles (Amendment) Regulations made the 7th May, 2013. Consolidated and revised this 31st day of July, 2013. Note (not forming part of the Regulations): This revision replaces the 2009 Revision. 2 Traffic (Public Passenger Vehicles) Regulations (2013 Revision) TRAFFIC (PUBLIC PASSENGER VEHICLES) REGULATIONS (2013 Revision) ARRANGEMENT OF REGULATIONS 1. Citation 2. Interpretation 3. Application for grant of permit 4. Conditions for grant of permit 5. Conduct of driver 6. Refusal to carry passengers 7. Identification and information 8. Standard and equipment of vehicles 9. Taximeters 10. Bus stops and the picking up, etc., of passengers by buses and taxis 11. Offences 12. Power to require applicants to submit information 3 Traffic (Public Passenger Vehicles) Regulations (2013 Revision) 4 Traffic (Public Passenger Vehicles) Regulations (2013 Revision) TRAFFIC (PUBLIC PASSENGER VEHICLES) REGULATIONS (2013 Revision) 1. These Regulations may be cited as the Traffic (Public Passenger Vehicles) Citation Regulations (2013 Revision). 2. (1) In these Regulations - Interpretation “bus” includes an omnibus; “bus route” means the public roads approved as bus routes by the Board; “bus stop” means a place designated as a bus stop by a sign in a form approved by the Board; “Caymanian” has the same meaning as in the Immigration Law (2013 Revision); (2013 Revision) “passenger” includes a person boarding or alighting from a bus or taxi or intending to do so; and “taximeter” means any device for calculating the fare to be charged in respect of any journey in a taxi by reference to the distance travelled or time elapsed since the start of the journey, or a combination of both. 3. (1) An application for a permit under section 47 of the Law shall include - Application for grant of permit (a) two passport-sized photographs of the applicant; (b) sufficient information to identify the applicant and to describe the applicant’s address in the Islands; (c) a description of the vehicle the applicant proposes to use for the carriage of passengers for hire or reward and in respect of which the application is made; and (d) the application fee, except that an applicant who is a Caymanian shall be exempt from paying the application fee. (2) Application fees shall be as follows - Description of vehicle Fee $ 1. Vehicles constructed or adapted to seat less than ten 75 passengers 2. Vehicles constructed or adapted to seat ten to twenty-five 100 passengers 5 Traffic (Public Passenger Vehicles) Regulations (2013 Revision) 3. Vehicles constructed or adapted to seat more than twenty-five 125 passengers. Conditions for grant of 4. (1) Upon receipt of an application for a permit under regulation 3, the permit Board, in determining whether to grant the application, shall have regard in particular to the conditions in paragraph (2) as to the suitability of the applicant. (2) Subject to paragraph (3) the conditions are that the applicant - (a) is a Caymanian who is not less than twenty-one years of age; (b) has paid the application fee to the Board or is exempt from paying the application fee; (c) has provided the Board with satisfactory evidence that there is in force in relation to the proposed use of the vehicle a policy of insurance of such security - (i) to comply (in respect of that use) with the requirements of the Vehicles Insurance (Third Party Risks) Law (2012 2012 Revision Revision); and (ii) to provide such insurance coverage lastability in respect of the death of, or bodily injuries to, passengers as may be specified in a direction by the Governor generally in relation to particular categories of vehicles; (d) has provided the Board with satisfactory evidence that the vehicle in respect of which the application is made has passed the inspection carried out by or on behalf of the Board as required by the Law; (e) in the case of an application for a renewal of a permit, has given the Board a statement of the number of months the applicant was engaged in the business of carrying passengers for hire or reward during the period in which that business was authorised by the permit to be renewed; (f) is able to speak, read and write the English language sufficiently to perform the duties of carrying passengers for hire or reward; (g) has, in the previous three months, undergone a medical examination by a registered health practitioner who has certified that the applicant is fit to drive passengers for hire or reward; (h) is the holder of a valid current driving licence authorising him to drive the vehicle he proposes to use for carrying passengers for hire or reward; (i) has undergone and passed any test required by the Board in respect of the applicant’s first aid and driving skills and knowledge; and 6 Traffic (Public Passenger Vehicles) Regulations (2013 Revision) (j) has undertaken to use the vehicle (in respect of which the application for a permit is made) only in providing such one or more of the descriptions of services by which passengers may be carried for hire or reward as are specified by the Board in respect of that category of vehicle. (3) Where the applicant is over seventy years of age, in addition to the conditions prescribed in paragraph (2), he shall - (a) undergo annual medical examinations, including ophthalmologic tests, conducted by a registered health practitioner and be certified as being fit to drive passengers for hire or reward; (b) pass a driving test carried out by a driving examiner appointed by the Director of Vehicle Licensing or his delegate; and (c) submit to any additional tests that may be required of him by the Public Transport Board to demonstrate competency to operate a public passenger vehicle, and such additional tests may include - (i) general local knowledge; (ii) first aid; and (iii) customer service related skills. (3A) Where the applicant has a physical impairment which has a substantial adverse effect on his ability to carry out normal day to day activities, the Board shall provide adequate and appropriate facilities, accommodation and equipment to assist the applicant to undergo any test that he is required to undergo pursuant to paragraph (2)(i) or (3)(c). (3B) For the purposes of paragraphs (2)(i) and (3)(c), in the case of an application for a permit, or for the renewal of a permit, to drive a school vehicle, the Board shall not require the applicant to undergo - (a) a test of general local knowledge; (b) a test to demonstrate customer service related skills; or (c) a test of knowledge of tours for visitors too the Islands. (4) For the purposes of paragraph (2)(j), the description of services for the carriage of passengers for hire or reward which may be specified by the Board are - (a) the provision of tours, whether or not pre-paid, for visitors to the Islands; (b) the provision of a bus service on a bus route in accordance with a regular schedule; (c) plying for hire as a taxi; (d) contract hire; and (e) such other services as may be specified in a direction given to the Board by the Governor under section 46 of the Law. 7 Traffic (Public Passenger Vehicles) Regulations (2013 Revision) (5) The Board shall not specify any description of service for the purposes of paragraph (2)(j) except under a direction of the Governor in Cabinet given under section 46 of the Law in respect of categories of vehicles. Conduct of driver 5. (1) A person who is granted a permit by the Board under Part 4 of the Law to drive an omnibus or taxi shall not conduct himself in any way which causes annoyance or nuisance to any other person or which brings himself, the Islands or the operation of tourism in the Islands into disrepute. (2) Without prejudice to paragraph (1), a person who is granted a permit by the Board to drive a bus or taxi shall carry on the business authorised by the permit in accordance with paragraphs (3) to (5). (3) The driver of a bus or taxi shall not solicit a passenger or prospective passenger - (a) by the use of any bell, horn, whistle or other signal or by driving his vehicle back and forth in front of any public place; or (b) on behalf of any tourist accommodation, restaurant, night club, bar or watersports business. (4) The driver of a bus or taxi shall not - (a) divert or attempt to divert any person (whether or not a passenger in his or another person’s vehicle) from travelling to any tourist accommodation, restaurant, night club, bar or watersports business; or (b) solicit or accept (or agree to solicit or accept) anything in money or money’s worth in relation to - (i) the soliciting of a person for any tourist accommodation, restaurant, night club, bar or watersports business; or (ii) the diversion or attempted diversion of a person who is travelling to or is at any such premises. (5) In the course of his business of carrying passengers for hire or reward, the driver of a bus or taxi - (a) shall comply with the Law and all other laws of the Islands; (b) shall maintain a neat appearance and comply with any guidance given by the Board in relation to the mode of dress for drivers of buses and taxis; (c) shall not carry in his vehicle any firearms or other weapons; (d) shall maintain a written record of the journeys he undertakes; (e) shall, in respect of each journey in which he carries a passenger in the course of his business, select the route for the journey which (subject to any direction from the passenger) he 8 Traffic (Public Passenger Vehicles) Regulations (2013 Revision) reasonably believes will provide the passenger with the shortest journey time; (f) shall, where the taxi or bus is parked at a taxi-stand or at a bus stop, remain in or in attendance on the vehicle and shall not leave the doors of the vehicle open; (g) shall not drive the vehicle at any time when his ability to do so is impaired; (h) while driving passengers shall not, without their consent - (i) smoke; or (ii) play any radio, tape or other recorder; (i) shall maintain his vehicle and its interior in a clean and roadworthy condition and in a state of repair such that it would at all times pass an inspection carried out by a vehicle inspector under section 61 of the Law; and (j) upon finding any unclaimed property in his vehicle, shall hand it within twenty-four hours to the officer in charge of the police station at George Town or Cayman Brac. 6. (1) Subject to paragraphs (2) to (6), when a driver of a taxi is plying for Refusal to carry passengers hire he shall not refuse to accept a passenger for a lawful journey; and a driver of a bus, while the bus has a vacant seat, shall not refuse to accept a passenger for a lawful journey who is waiting at a bus stop. (2) The driver of a taxi may refuse to carry - (a) any animal; and (b) any item of baggage which cannot conveniently and safely be carried in his vehicle. (3) The driver of a taxi, when his vehicle is empty and plying for hire, and the driver of a bus, while the bus has a vacant seat, shall not refuse to pick up a passenger unless the passenger - (a) does not, when requested, tender the proper fare; (b) is consuming alcoholic liquor or appears to be intoxicated, or appears to be under the influence of a drug the consumption of which is prohibited by the Misuse of Drugs Law (2010 2010 Revision Revision); or (c) has asked the driver to carry baggage of an unreasonable quantity, size or weight. (4) The driver of a bus or taxi shall not refuse to carry a person in his vehicle solely by reason of the person’s race, sex, religion, nationality, age or disability. (5) The driver of a taxi shall not carry any person as an additional 9 Traffic (Public Passenger Vehicles) Regulations (2013 Revision) passenger in his vehicle without the voluntary consent of the passenger he has already agreed to carry in the vehicle. (6) The driver of a taxi may refuse to carry a person in his vehicle where - (a) he reasonably believes that person to be incapable of paying the proper fare for the journey he has requested; (b) that person has avoided or attempted to avoid payment of any proper fare he has incurred for the hire of any taxi; or (c) that person has withheld his true name and address from the driver when the driver is lawfully demanding payment of the proper fare due from him for the hire of the taxi. Identification and 7. (1) Every vehicle which is used as a taxi shall be clearly identifiable as a information taxi, with the word “taxi” clearly visible in a manner approved by the Board as a means of identification of the vehicle in daylight and darkness; and every vehicle which is used as a bus shall be clearly identifiable as a bus in daylight and darkness and shall be painted in a colour approved by the Board. (2) The driver of every taxi shall, while plying for hire, display in the vehicle - (a) a notice in a form approved by the Board which clearly shows the registration and permit numbers of the vehicle and the conditions of hire; (b) a fare distance table in a form approved by the Board; and (c) a card and photograph in a form approved by the Board which clearly identify the person driving or in charge of the taxi as the driver authorised to drive it by a permit granted under the Law. (3) The driver of every taxi shall, while plying for hire, display on the roof of the vehicle an illuminated sign of a type approved by the Board clearly indicating that the vehicle is available for hire as a taxi. (4) The driver of every bus shall, while driving the vehicle in the course of a business, display - (a) a notice in the vehicle in a form approved by the Board which clearly shows the registration and permit numbers of the vehicle and the conditions of its use; (b) route and fare tables in a form and location in the vehicle approved by the Board; (c) destination indicators in a form approved by the Board showing the destination of the bus; and 10 Traffic (Public Passenger Vehicles) Regulations (2013 Revision) (d) a card and photograph in a form approved by the Board which clearly identify the person driving the bus as the driver authorised to drive it by a permit granted under the Law. (5) The driver - (a) of every taxi, while plying for hire; and (b) of every bus, while driving the vehicle in the course of a business, shall display on the rear of the vehicle a plate (in a form and location approved by the Board) which clearly shows, in respect of each description of service mentioned in the undertaking given under regulation 4(2)(j) for the use of the vehicle, the maximum number of passengers which may be carried for hire or reward in the provision of that service. 8. (1) No person shall drive a bus or taxi in the course of a business unless Standard and equipment of vehicles both the condition and appearance of the vehicle are conducive to the safety and comfort of its passengers and the enhancement of tourism in the Islands. (2) Without prejudice to paragraph (1), no person shall drive a bus or taxi in the course of a business unless the vehicle - (a) is safe and roadworthy in complete compliance with the Law; (b) is equipped to a reasonable standard of comfort for its permitted use; (c) has an operating air-conditioning system that provides cooled air; (d) is clean, both inside and out; (e) is fully operational; and (f) is undamaged and free from rust, and has no exterior dents or cracks, and no missing lights, hubcaps or other parts. (3) No person shall drive a bus or taxi in the course of a business unless the vehicle is equipped with - (a) a tow rope; (b) a lifting jack and other tools necessary to change a wheel; (c) an appropriate fire extinguisher; (d) a first-aid kit; and (e) spare fuses, spare bulbs and an appropriate spare wheel and tyre. 9. (1) The driver of a taxi shall not carry on any business of plying for hire Taximeters or carrying passengers for hire or reward unless the taxi is fitted with a taximeter. (2) No taxi with a taximeter shall, at any time, be used for plying for hire or carrying passengers for hire or reward unless the taximeter has been tested and approved by or on behalf of the Board. 11 Traffic (Public Passenger Vehicles) Regulations (2013 Revision) 10. (1) No driver of a bus carrying passengers for hire or reward on a bus Bus stops and the picking up, etc., of route may pick up or set down passengers at any place other than at a bus stop. passengers by buses and taxis (2) No driver of any vehicle other than - (a) a bus permitted to operate a regular daily schedule on a bus route; or (b) an emergency vehicle, shall, except in an emergency or if required to do so by a constable in uniform, set down or pick up passengers at a bus stop. (3) No driver or other person in charge of a bus shall permit any person to board or get off the bus when it is in motion. (4) Between 6 a.m. and 6 p.m. on any day no driver of a bus or taxi shall pick up passengers, or wait for any period for that purpose, anywhere in the district of George Town on the following roads - (a) North Church Street from the northern part of its junction with Fort Street to where it meets Harbour Drive; (b) Harbour Drive; and (c) South Church Street from where it meets Harbour Drive to the southern part of its junction with Boilers Road. Offences 11. For the purposes of any offence relating to using or offering a vehicle for the carriage of passengers for hire or reward in contravention of the prescribed conditions each of the provisions of regulations 5 to 10, is a prescribed condition. Power to require 12. (1) The Board may require an applicant for a permit under the Law to applicants to submit submit such information as the Board may reasonably consider necessary to information enable the Board to determine whether the permit should be granted. (2) Without prejudice to paragraph (1), the Board may require an applicant for a permit to submit to the Board - (a) if the applicant is or has been a director or secretary of a company, information as to any convictions recorded against that company at any relevant time, and any trade or business activities carried on by that company; (b) if the applicant is a company, information as to any convictions recorded against a director or secretary of that company, and any trade or business activities carried on by any such director or secretary; or (c) if the applicant proposes to operate the vehicle in partnership with any other person, information as to any convictions 12 Traffic (Public Passenger Vehicles) Regulations (2013 Revision) recorded against that person, and any trade or business activities carried on by that person. Publication in consolidated and revised form authorised by the Governor in Cabinet this 17th day of September, 2013. Carmena Watler Acting Clerk of Cabinet 13 Traffic (Public Passenger Vehicles) Regulations (2013 Revision) 14 Traffic (Public Passenger Vehicles) Regulations (2013 Revision) 15 Traffic (Public Passenger Vehicles) Regulations (2013 Revision) (Price $ 3.20) 16