3. Rule 14 of the Road Traffic (Public Service Vehicles) Rules is deleted and the following Part substituted therefor:“PART IIA additional equipment in public service vehicles |
Definitions for this Part |
14. In this Part —“audio recording equipment” includes any equipment with an audio recording capability or function that is not disabled; |
“disable” means to deactivate or deliberately render ineffective a capability, or a function, of a piece of equipment; |
“disclose”, in relation to recordings, includes to provide access to the recordings; |
“install”, in relation to a vehicle, means to permanently or temporarily affix, secure or otherwise place, a piece of equipment in a fixed position for service or use in or on any part of the vehicle; |
“public service vehicle” means any motor vehicle that is licensed under the Act to be used as a public service vehicle other than —(a) | a motor vehicle licensed as an omnibus and used to provide one or more regular route services; or | (b) | a motor vehicle licensed as a private bus; |
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“regular route service” has the meaning given by the Bus Services Industry Act 2015 (Act 30 of 2015); |
“visual recording equipment” includes any equipment with a visual recording capability or function that is not disabled. |
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No acoustic, radio or television equipment in public service vehicles |
14A.—(1) Subject to paragraph (2), a person must not install, or cause or permit to be installed —(a) | any acoustic equipment; | (b) | any radio equipment; or | (c) | any television equipment, |
in or on a public service vehicle without the prior written permission of the Registrar. |
(2) A person may install the following equipment in any public service vehicle for the purpose or in the manner as follows:(a) | a radio telephone for communicating to the driver a booking or instruction to convey a passenger for the purpose of gain; | (b) | a radio, with or without a cassette player, which is mounted and secured on the dashboard of the vehicle. |
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Installation or use of audio recording equipment in or on public service vehicles |
14B.—(1) Except as provided by paragraphs (2) and (3), a person must not install, or cause or permit to be installed, any audio recording equipment in or on a public service vehicle.(2) A person may install, or cause or permit to be installed, the following audio recording equipment in or on any public service vehicle:(a) | a mobile telephone; | (b) | an audio recording equipment which is also a visual recording equipment and which is installed in accordance with rule 14C(2)(b) or (3); | (c) | any other audio recording device —(i) | that cannot record any sound, or absence of sound, within the vehicle; and | (ii) | that is installed in a way that can only result in an audio recording of the conditions or circumstances outside of the vehicle. |
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(3) The owner of a public service vehicle may install, or cause or permit to be installed, an audio recording equipment in or on the vehicle to record any sound, or absence of sound, within the vehicle only if —(a) | the owner has prior written permission from the Registrar to do so; and | (b) | the equipment is installed by a person designated by the Authority in accordance with that permission. |
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(4) A person must not use, or cause or permit to be used, any audio recording equipment installed in or on a public service vehicle to record any sound, or absence of sound, within the vehicle unless —(a) | the person has prior written permission from the Registrar to do so; and | (b) | the audio recording is made in accordance with that permission. |
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Installation or use of visual recording equipment in or on public service vehicles |
14C.—(1) Except as provided by paragraphs (2) and (3), a person must not install, or cause or permit to be installed, any visual recording equipment in or on any public service vehicle. (2) A person may install, or cause or permit to be installed, the following visual recording equipment in or on any public service vehicle:(a) | a mobile telephone; | (b) | any other visual recording device installed in a way —(i) | that can only result in a visual recording of the conditions or circumstances outside the vehicle; and | (ii) | that is not positioned or manoeuvred to record the presence or absence of any person or thing, or the occurrence of any incident, within the vehicle. |
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(3) The owner of any public service vehicle may install, or cause or permit to be installed, a visual recording equipment in or on the vehicle to record the presence or absence of any person or item, or the occurrence of any incident, within the vehicle only if —(a) | the owner has prior written permission from the Registrar to do so; and | (b) | the equipment is installed by a person designated by the Authority in accordance with that permission. |
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(4) A person must not use, or cause or permit to be used, any visual recording equipment installed in or on a public service vehicle to record the presence of absence of any person or item, or the occurrence of any incident, within the vehicle unless —(a) | the person has prior written permission from the Registrar to do so; and | (b) | the visual recording is made in accordance with that permission. |
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Disclosure of visual recordings |
14D.—(1) Except as provided by paragraph (2), a person must not disclose, or cause or allow disclosure of, any recordings in or from any visual recording equipment installed in or on a public service vehicle for the purpose of making a visual recording of the presence or absence of any person or thing, or the occurrence of any incident, within the vehicle.(2) The recordings mentioned in paragraph (1) may be disclosed to —(a) | an employee of the Authority who is authorised to have access to the recordings to determine compliance with Part V of the Act and the rules made thereunder; or | (b) | a person accessing the recording in accordance with a prior written permission from the Registrar for that purpose.”. |
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