34Power to direct to leave – breach of requirement, direction or disallowance

34 Power to direct to leave – breach of requirement, direction or disallowance

(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) the driver –

(i) has made a requirement or given a direction under regulation 29 , 30 , 31 or 32 in respect of the passenger; or

(ii) reasonably believes that an authorised officer has made a requirement or given a direction under regulation 38 , 39 , 40 or 41 in respect of the passenger; and

(b) the passenger has failed to comply with the requirement or direction; and

(c) the driver reasonably believes that the passenger may continue to commit the behaviour to which the requirement or direction relates.

(2)  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 the driver reasonably believes that the passenger is subject to a disallowance in force under regulation 27 .

(3)  A driver must not give a direction under subregulation (1) that is inconsistent with any direction of the Commission concerning the transport of schoolchildren on regular passenger services.