Road Traffic Act, 1933

Limitation on number of passengers.

121.—(1) Save as is otherwise provided by this section, it shall not be lawful to carry in a public service vehicle a greater number of passengers at any one time than the number stated in the public service vehicle licence relating to such vehicle to be the number of passengers for which passenger accommodation is available in such vehicle.

(2) The Minister may, by regulations made under this Act, authorise the carrying in any large public service vehicle or any such vehicle of a particular class, but only in specified special circumstances or on specified special occasions or during specified hours, of a limited greater number of passengers at one time than would otherwise be lawful under this section.

(3) Whenever passengers are carried in contravention of this section in a public service vehicle, the owner of such vehicle and also the conductor or, if there is no conductor, the driver of such vehicle shall each be guilty severally of an offence under this section and shall on summary conviction thereof be liable, in the case of a first offence, to a fine not exceeding five pounds or, in the case of a second or any subsequent offence, to a fine not exceeding ten pounds.

(4) Whenever a person charged with an offence under this section is the owner of the vehicle in respect of which such offence is alleged to have been committed, it shall be a good defence to such charge for such person to prove that, on the occasion on which such offence is alleged to have been committed, the conductor or, if there was no conductor, the driver of such vehicle did the act alleged to constitute such offence in contravention of express orders given by such owner.

(5) Whenever a person charged with an offence under this section was, on the occasion on which such offence is alleged to have been committed, the conductor or the driver of the vehicle in respect of which such offence is alleged to have been committed it shall be a good defence to such charge for such person to prove that in acting in the manner alleged to constitute such offence he was acting in obedience to the express orders of the owner of such vehicle.