Durban Corporation Transport Bylaws

P.N. 112/1939 SECTION I.5

Application of Bylaws

1. The Bylaws hereinafter set forth shall apply to all the buses, trailers or such other vehicles plying for public hire (afterwards in these Bylaws called public vehicles) belonging to the Mayor, Councillors and Burgesses of the City of Durban (hereinafter called the Corporation) and to all places in respect to which the Corporation have power to make such Bylaws.

(P.N. 122/44; 143/50)

1A. Nondiscrimination

(1) Subject to the provision of subsection (2) hereof, no provision of these Bylaws shall be applied so as to discriminate between persons on the grounds of race, religion or gender nor shall it be so construed as to have the effect of authorising such discrimination.

(2) Notwithstanding the provisions of subsection (1) hereof, discrimination on the grounds of gender may expressly be authorised in terms of any provision of these Bylaws which prescribes the wearing of appropriate apparel in a public place or imposes a restriction upon the entry of persons into public ablution, toilet and change room facilities or prescribes different standards for such facilities.

(M.N. 43/92)

Entering and Leaving Public Vehicles

2. (a) Every passenger shall enter or depart from a public vehicle by the step of the entrance, or conductor's platform, unless otherwise directed by the conductor.

(P.N. 325/78)

(b) No person shall board a public vehicle by any step until all persons desiring to alight from the public vehicle by that step have done so.

Queues

2 (bis) (a) Persons intending to board any vehicle at any terminus or other stopping place at which queuing barriers have been erected shall form a queue at and from the point which it is indicated that such vehicle will leave.

(b) Persons forming any such queue shall take and give precedence according to their arrival.

(c) No person shall board any vehicle at any scuh terminus or other stopping place escept from a queue (unless there are no other persons waiting to board the vehicle), and no person shall take any place in a queue in front of any other person who has precedence over him. (P.N.122/1944)

Payment of Fares : Onus on Passenger to Effect Payment

3. Every passenger shall at the first opportunity and before alighting, pay to the Conductor or to any Inspector of the Transport Department, the legal fare for the journey as specified in the tariff of fares as prescribed by the Durban Transport Management Board in terms of Section 93 of Ordinance No. 10 of 1953, as amended, and as approved by the Local Road Transportation Board; in the case of cash fares a ticket corresponding thereto shall be delivered to such passenger who shall accept such ticket; in the case of payment of fares by coupon or other token issued by the said Board, the same shall be delivered to the Conductor or any Inspector of the Transport Department, for cancellation or scrutiny. No coupon ticket shall be valid for delivery to the Conductor unless the Conductor's coupon is attached thereto.

(P.N. 29/64)

Showing Tickets

4. (a) Every passenger shall show his or her ticket to the conductor or inspector of the Transport Department when required to do so and allow same to be clipped or otherwise marked for checking purposes.

Penalty for Failure to Show Ticket

(b) Any passenger failing or refusing to show his or her ticket or to allow the same to be clipped or marked as aforesaid shall, upon demand, pay the fare for the stage upon which such passenger may then be riding, and, in default of such payment, shall be liable to the penalty prescribed by these Bylaws.

Passenger may be required to state from whom he or she obtained Coupon Ticket

(c) Any passenger tendering a coupon or other discount ticket or token shall, upon demand by the conductor, inform him from whom and when same was purchased by or obtained by such passenger and give the address of the person from whom the same was purchased or obtained.

Evading Payment of Fare

(d) Any person travelling or having travelled in any public vehicle who evades or attempts to evade payment of his or her fare or any person having paid his or her fare for a certain distance who knowingly proceeds in any such public vehicle beyond that distance without paying the additional fare for the additional distance shall be liale to the penalty prescribed in these Bylaws, and it shall be lawful for any officer or servant of the Corporation and all person called to his aid to seize and detain any such passgener whose name or residence is unknown to such officer or servant until such passenger can be conveniently taken before a Magistrate or until he or she is otherwise discharged in due course of law.

Rights and Duties of Passengers on Disablement of Public Vehicles

(e) If at any time a public vehicle becomes disabled or in any way injured or from any cause whatever is unable to proceed, the passengers shall, on request of the conductor or any inspector of the Transport Department, leave same, and if such passengers have paid their fares they shall not entitled to demand back the amount of their fares so paid, but on production of their tickets shall be allowed to travel by the next public vehicle available for the remainder of the distance in respect of which they have paid their fares. No person shall, except with the permission of the conductor, enter a disabled or injured public vehicle. The Corporation shall not be bound to complete any journey in any specific period of time.

Effect of Leaving a Public Vehicle

(f) Any person leaving a public vehicle shall be deemed to have completed his or her journey.

Allotment of Seats

(g) All passengers shall occupy such seats as the conductor in this discretion may allot to them

(P.N. 143/50)

Boarding or Leaving Public Vehicles in Motion

5. (a) No person shall board or attempt to board, leave or attempt to leave any public vehicle while such vehicle is in motion.

(b) No person shall board or attempt to board, leave or attempt to leave any public vehicle at any point along the route on which it is travelling other than at a scheduled stopping place for such vehicle.

Prohibited Modes of Travelling on Public Vehicles

6. No passeger or other person not being a conductor, inspector or other officer of the Transport Department shall travel on the platforms, steps or stairs of any public vehicle.

(P.N. 143/50; 325/78)

Hanging On

7. No person not being a conductor, inspector or other officer of the Transport Department shall hold or hand on by or to any part of the exterior of a public vehicle whilst in motion.

(P.N. 143/1950)

Full Public Vehicles

8. When any public vehicle contains the full number of passengers for whom standing place or seats are provided, no other person shall enter or be allowed to remain in or on any such public vehicle when warned by the conductor not to do so; any person remaining after being so warned shall be liable to the penalty herein provided.

(P.N. 325/78)

Personal Luggage

9. (a) Personal luggage (which shall in no case exceed 13kg in weight) shall be conveyed at the passenger's own risk, and shall be placed where the driver/conductor shall direct. All other articles such as merchandise, etc., if over 6kg in weight must be paid for at the rate prescribed by the Durban City Council, or the Durban Transport Management Board in terms of Sections 80 or 93 of Ordinance No. 10 of 1953, as the case may be.

(P.N. 143/50; M.N. 7/62; P.N. 492/66; P.N. 325/78)

Duty of Passengers Finding Article Left in Public Vehicle

(b) If any passenger shall find any article or thing in a public vehicle which does not belong to such passenger and which may have been left on such public vehicle by some other passenger, such article or thing shall be delivered to the conductor on the public vehicle.

Lost Parcels

(c) The Corporation will not be responsible for any parcel or other article left in a public vehicle, but the Lost Parcels Department will detain any such articles are brought to it by drivers/conductors of public vehicles until they are claimed by the owners thereof. Any person claiming a parcel or article may obtain delivery of the same on satisfying the official in charge of the Lost Parcels Department that he or she is the owner of the said parcel or article and upon payment of a charge as prescribed by the Durban City Council or the Durban Transport Management Board in terms of Sections 80 and 93 of Ordinance No. 10 of 1953 as the case may be.

(P.N. 180/50; 492/66)

Unclaimed Articles may be sold after Three Months

(d) The Lost Parcels Department shall not be bound to retain custody of any article or thing left on any public vehcle for a longer peiord than three months, and if the article or thing is not claimed at the expiration of that time the said deparmtent may sell the article or thing, or articles or things if more than one, by public auction and place the proceeds to a Lost Property Accoung in trust for the owner, but in no case shall the said Department or the Corporation be liable to the owner for any sum greater than that realised from the sale of the article or thing, less expenses of sale and charges above for custody.

Left Parcels and Luggage Department

(e) Deleted by P.N. 311/79. (P.N. 143/1950)

Dangerous or Offensive Articles

10. No person shall travel in or on any public vehicle with loaded firearms or with any article, instrument or implement which may be dangerous or offensive to the passengers.

Persons Bringing Offensive Articles into Public Vehicles may be Removed

11. No person shall bring into or upon or convey or cause or permit to be conveyed in or on any public vehicle any bundle of clothing or any article or thing tending to communicate any infectious or contagious disease or any dead body or any article of an offensive or dangerous character or of a bulk or description which may interfere with the comfort of any passengers, and such article or thing, if introduced, may, along with the person introducing the same, who shall forfeit his or her fare, be removed summarily from such public vehicle by the conductor or any police officials.

Dogs, etc. Prohibited.

12. No dog or other animal or bird shall be allowed in or on any public vehicle; provided that passengers will be permitted to take samll dogs, cats or small birds in cages with them while travelling in or upon public vehicles subject to the following conditions, which will be strictly enforced: -

(a) Passengers may take lap-dogs or dogs of any other small breed or cats with them or upon the municipal public vehicles. Every such dog or cat must be carried on the lap of the passenger during the whole journey.

(aa) Cages containing birds may not exceed 12 in. in their greatest dimension.

(b) Only one dog, cat or cage may be taken in or upon any public vehicle by any one passenger.

(c) The fare payable for each dog, cat or cage for each continuous journey on the same public vehicles as the passenger in whose charge they are shall be as prescribed by the Durban City Council or the Durban Transport Management Board in terms of section 9 of Ordinance 10 of 1951 or of section 9 of Ordinance 32 of 1950 as the case may be.

(d) The conductor of any public vehicle may refuse to admit upon such public vehicle or may at any time require a passenger to remove therefrom any dog, cat or bird which, in his opinion, is likely to cause or which does cause annoyance to any passenger or in respect of which any of these conditions is not complied with.

(e) Permission to take a dog, cat or bird into or upon public vehicles is, in each and every instance, subject to the express condition that such dog, cat or bird is carried entirely at the passenger's risk and that the Corporation is indemnified by him from all liability whatever in respect of any claim whatsoever which may arise during or out of the carriage of such dog, cat or bird.

Provided further that, notwithstanding anything hereinbefore contained, where any dog is being used by a blind person as a guide dog, such dog will be permitted, without charge, to accompany any such blind person whilst he is travelling in any public vehicle. The person in charge of the dog shall comply with such directions as the conductor may consider it necessary to give to ensure that the reasonable comfort and convenience of other passengers is not unduly affected by the carriage of the dog, and the provisions of paragraph (e) of the first proviso shall apply mutatis mutandis to the carriage of any guide dog.

(P.N. 88/1947; 502/1952; 330/1958; 334/1981)

Smoking

13. Deleted by P.N. 325/78.

Expectorating

14. No person shall expectorate in, upon or from any public vehicle.

Music

15. Deleted by P.N. 325/78.

Language

16. No person shall use obscene or offensive language whilst in or upon any public vehicle or commit any nuisance in or upon or against any public vehicle or interfere with the comfort of any passenger, and any person so doing shall, in addition to incurring the penalty hereinafter provided, forfeit his or her fare and be summarily removed from the public vehicle by or under direction of the conductor.

Damage to Public Vehicle Prohibited

17. No person shall cut, tear, soil or damage any public vehicle or the fittings thereof, break or scratch any window or panel or deface or remove any number plate or any notice, and no person other than a conductor, inspector or other officer of the Transport Department shall change or remove the route or destination inidcator or interfere with the equipment of the public vehicle in any way.

(P.N. 143/50)

Intoxicated and Diseased Persons

18. (a) No person suffering from an infectious or contagious disease or under the influence of liquor or drugs shall enter upon or use any public vehicle, shelter or other premises intended for the convenience or use of persons travelling or intending to travel, and may be, immediately removed therefrom by or under the direction of any officer of the Transport Department. Any such person found in or upon any public vehicle shall, in addition to incurring the penalty hereinafter provided, forfeit his or her fare.

(P.N. 267/1947; 143/1950)

Segregation of Passengers

(b) (i) The General Manager of the Transport Department may set aside, proportionate to the demand, all or any of the Council's vehicles, or premises intended for the convenience or use of persons travelling or intending to travel in such vehicles (or any portion of such vehicles or premises) for the sole and exclusive use of Europeans or Non-Europeans.

(ii) Where a vehicle or premises (or a portion thereof) is so set aside, such setting aside shall be indicated by a notice affixed to the vehicle or premise by or on behalf of the said General Manager. In that event no person of a class other than that for which the vehicle or premises has been so set aside may enter upon or use the vehicle, or premises (or the portion thereof, as the case may be) unless the General Manager otherwise directs.

(P.N. 407/1952; 325/78)

Objectionable Passengers may be Removed

19. Any person unclean in person, dress or habits or likely by his or her behaviour or conduct to cause a breach of the peace or to be objectionable or offensive to any other passengers in or upon or about to enter a public vehicle, shelter or other premises intended for the convenience or use of persons travelling or intending to travel, may be immediately removed by or under the direction of any officer of the Transport Department, but if found in or upon any public vehicle the return of his or her fare, if previously paid, shall be offered.

(P.N. 143/1950)

Obstructing or Impeding Servants of Corporation

20. (a) No person shall obstruct or impede any public vehicle or obstruct or impede any officer or servant of the Corporation in the execution of his duty upon or in connection with any public vehicle.

(P.N. 143/1950; 325/78)

(b) No person other than a conductor, inspector or other officer of the Transport Department, shall give any sign or signal for the purpose of setting in motion any of the Department's vehicles.

The Traffic Centre

21 (i) No person within the Traffic Centre shall:

(a) Cross the carriage-way except within a cross-walk demarcated upon the carriage-way by lines or other markings as a crossing for pedestrians;

(b) Loiter within any such cross-walk;

(c) Remove, deface, damage or interfere with any notice, sign, marking, stanchion, barrier, light, seat, wall or other device or thing placed or erected by the City Council upon or within the Traffic Centre;

(d) Commit any nuisance or any other act likely to endanger or cause discomfort or annoyance to any other person within the Traffic Centre.

(ii) No person shall drive any vehicle except a Municipal Passenger Transport Department vehicle within the Traffic Centre.

(iii) The driver of any vehicle within the Traffic Centre shall yield the right of way (slowing down and stopping, if necessary) to any pedestrian crossing the carriage-way within any cross-walk referred to in subsection (i)(a) of this Bylaw.

(P.N. 122/44; 143/50; 325/78)

Points and Switches

22. No person other than a conductor, inspector or other officer of the Transport Department shall interfere with any switches connected with the Municipal Transport Undertaking.

(P.N. 143/50; 325/78)

Conversing with Driver

23. No person, other than an authorised officer of the Transport Department, shall converse with the driver whilst the public vehicle is in motion.

(P.N. 143/50)

Meaning of "Conductor"

24. The expression "Conductor" shall mean the person in the employ of the Corporation having charge of a public vehicle for the purposes of collecting fares thereon, and shall include, in the case one-manned buses, the Corporation's servant in charge of such bus.

(P.N. 198/1946; 345/1948; 369/1948; 143/1950)

Designation of Bus Stops for Public Vehicles.

25. (1) All stopping places and stands for use only by public vehicles belonging to the Corporation shall, in addition to being designated and demarcated by road traffic signs and markings erected and marked in accordance with the relevant provisions of Regulation 166 RM7 of the Road Traffic Regulations published under Provincial Notice No. 681 of 1966, as amended, from time to time, be designated by means of signs bearing the legend 'Municipal Buses Only/Slegs Munisipale Busse'.

Use of Corporation Bus Stop by Other Vehicles Prohibited

(2) No driver or person in charge of any vehicle other than a public vehicle belonging to the Corporation shall, between 06h00 and 18h00 allow such vehicle to remain stationery at a bus stop designated in terms of subsection (1) of this section for the exclusive use of the Corporation's public vehicles.

(P.N. 661/56; 344/83)

Penalty for Breach

26. Any person who contravenes any of the provisions of these Bylaws shall be guilty of an offence and be liable on conviction to a fine not exceeding R200 in the case of a first convicton, or in the case of a second or subsequent conviction for the same offence, a fine not exceeding R400, or in default of payment of any fine imposed in either case, imprisonment for any period not exceeding three months.

(P.N. 661/56; 445/66)

Left Parcels and Luggage Department.

Deleted by P.N. 311/79

(P.N. 502/52; M.N. 4/66; P.N. 325/78)