33Power to direct – general

33 Power to direct – general

(1)  The driver of a vehicle that is being used to provide a passenger transport service may direct a passenger to leave, or not to enter, the vehicle if –

(a) in the opinion of the driver, the passenger, or any items accompanying the passenger cannot be safely carried on or in the vehicle; or

(b) to allow the person to travel on the vehicle would breach a condition of –

(i) an authorisation under which a regular passenger service is operating; or

(ii) a passenger service contract under which a regular passenger service is operating; or

(c) the person is the subject of a notice given in accordance with regulation 27(2) that is in effect; or

(d) the vehicle or a compartment of the vehicle has already reached operational capacity.

(2)  The driver of a vehicle that is being used to provide a passenger transport service may give any direction to a passenger if the driver reasonably believes that the direction is necessary to ensure the safety or security of the passengers or the driver in respect of the passenger transport service.