asked the Minister for Local Government and Public Health if he will state how many persons are now permitted to stand in an omnibus when all the seating accommodation is occupied.
Ceisteanna—Questions. Oral Answers. - Omnibus Regulations.
During ordinary traffic hours it is not permissible under the regulations to carry additional passengers in a bus when all the seating accommodation is occupied, but during hours of peak traffic and in circumstances in which undue hardship would be caused if additional passengers were not carried such passengers may be carried. The number of such additional passengers that can be carried in a single deck bus is limited to five or one-quarter of the seating accommodation whichever is less and in a double-deck bus to five or one-quarter of the seating accommodation on the lower deck whichever is less. I should stress that in no circumstances may additional passengers be carried on the upper deck of a double-deck bus.
Does the Parliamentary Secretary not think that it is rather confusing to have different regulations for different hours of the day? There are peak hours and there are emergency periods, and every person who is not allowed on a bus thinks that he suffers a special hardship.
I agree with the Deputy that the position is not entirely satisfactory, but we have done the best we could in the circumstances, both to satisfy the bus conductors who had a very difficult time during the emergency and also to provide facilities for the public. It is only commonsense and a reasonable understanding of the regulations which can provide a solution for the moment.
Quite so, but my suggestion is that the position has been made more difficult for the conductors by prescribing different regulations for different parts of the day, and I suggest that that might be done away with during the present emergency.
Will the Parliamentary Secretary say whether people on a wet day are to be left standing on the side walk, even though there is standing room in the bus?
It is not possible for the Minister to interpret the regulations. That is a matter for the courts. We simply state the position as well as we can. It is not possible for us to define further what is undue hardship under the regulations.
Will the Parliamentary Secretary say who is responsible for taking a case to the courts, if on a wet day, people are left standing on the side walk simply because all the seats are occupied?
I trust the occasion will never arise.
Surely it is arising?
It is a matter for the courts. It is for the Gárda Síochána to enforce the regulations, and passengers have their own rights in the courts; but, once again, I suggest that there should be forbearance in this matter, particularly in present circumstances.
Will the Parliamentary Secretary say if he thinks it is the duty of a member of the Gárda Síochána standing by to prevent a person going into a bus if all the seating is taken up, on a wet day?
During non-rush hours.
During non-rush hours on a wet day.
I do not think I can say anything further on the position, except that it is a matter for the Guards in general, who have to interpret the law according to the way in which they are accustomed to interpret it.