Q8. If a passenger plays loud music in a bus, can the driver and other passengers stop him?
Can the driver stop a passenger playing loud music in a bus?
Yes.
A passenger or intending passenger on a public bus shall not use or operate to the annoyance of any other person any noisy or musical instrument or any gramophone, radio or tape player: see Regulation 46(1)(n)(i) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
Thus, if a passenger plays loud music in a bus, he or she may be treated as using or operating a “noisy” instrument, thus committing an offence under Regulation 46(1)(n)(i) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
Where the playing of loud music in a bus may obstruct, impede or distract the driver of the bus and that passenger does so wilfully, that passenger may also contravene Regulation 13A(1)(a) of the Public Bus Services Regulations (Cap. 230A), which provides that that no passenger or intending passenger shall wilfully obstruct, impede or distract the driver of the bus or any authorized person.
Bus drivers may remove from a bus any person whom they have reasonable cause to believe that such person or passenger has contravened the Public Bus Services Regulations (Cap. 230A): see Regulation 13(1) of the Public Bus Services Regulations (Cap. 230A).
Alternatively, bus drivers may order any person to remove himself from the vehicle where he has reasonable grounds to believe that such person has committed or is about to commit an offence against the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D): see Regulation 56(1) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
Thus, a bus driver can stop that passenger playing loud music.
Strictly speaking, the bus driver may arrest any person whom he believes on reasonable grounds to have committed an offence against certain regulations in the regulations/by-laws and may detain such person until he can be handed over to a police officer: see Regulations 58(a) and 58(b) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
Any person who without reasonable excuse contravenes Regulation 46 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D) commits an offence and is liable on conviction to a fine of $3,000 and to imprisonment for 6 months: see Regulation 57(1) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
Any person who without reasonable excuse contravenes any of the provisions of regulation 13A(1) of the Public Bus Services Regulations (Cap. 230A) commits an offence and is liable to a fine at $5,000 and to imprisonment for 6 months: see Regulation 25(3) of the Public Bus Services Regulations (Cap. 230A).
Can other passengers stop a passenger playing loud music in a bus?
There is no law prohibiting a passenger from orally stopping a passenger to play loud music on a bus. However, legally speaking, a passenger has no power conferred on him or her to stop a passenger playing loud music.
Any person may arrest without warrant any person whom he may reasonably suspect of being guilty of an arrestable offence: see Section 101(2) of the Criminal Procedure Ordinance (Cap. 221). Arrestable offence means an offence for which the sentence is fixed by law or for which a person may under or by virtue of any law be sentenced to imprisonment for a term exceeding 12 months, and an attempt to commit any such offence: see Section 3 of the Interpretation and General Clauses Ordinance (Cap. 1).
Since the maximum sentence for a contravention of Regulation 46 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D) and Regulation 13A(1) of the Public Bus Services Regulations (Cap. 230A) are both 6 months only, which is less than 1 year, the two offences are not arrestable offence and the passenger may not arrest that passenger playing loud music.
However, a passenger may make a complaint to the bus driver who can stop a passenger from playing loud music.