RULES OF CARRIAGE
According to the agreement of carriage of the passenger by bus, the carrier undertakes himself to take the passenger to the destination point safely and in case the passenger has some luggage – to take luggage to the destination point and to give it to the passenger or a person authorized by him/her. The passenger undertakes himself to pay the established passenger fare and in case of giving luggage to the luggage compartment – the charge for its carriage.
The passenger must have a ticket, a receipt for luggage transportation by intercity buses of regular transit, which are valid only for the day and for the bus specified on them.
A person, who bought a ticket, must board the bus at the bus station specified in the ticket or at other bus stop under preliminary agreement with a bus station and which is included into the bus route, and under the condition of making the corresponding record into the ticket register form. In case there is no such agreement and the passenger missed the bus, the paid seat will not be hold for the passenger.
(cl. 40, 41 of the Rules of rendering services of carriage of passengers by road, approved by the Order of the Cabinet of Ministers of Ukraine as of 18.02.1997 No. 176)
Section VI of the Rules of rendering services of carriage of passengers by road, approved by the Order of the Cabinet of Ministers of Ukraine as of 18.02.1997 No. 176 (further - Rules) determines rights and responsibilities of the transportation process participants, namely:
1. Responsibilities of the carrier:
- to make sure the personnel follows the requirements of the legislation on highway transport and on consumer rights protection;
- to take every effort to provide a safe, convenient carriage of passengers and keeping and/or delivery of the luggage according to the agreement of carriage and bus schedule;
- to provide buses or motor-cars with vehicle inspection and check of sanitation conditions before the start of work, except for a self-employed carrier;
- to arrange medical checkup of vehicle drivers before the start of work and after the end of work on a shift basis, except for a self-employed carrier;
- to provide drivers and other employees with documents required by the law;
- to have documents confirming the right to render services on carriage according to the legislation;
- to keep vehicles in proper technical and sanitation condition, to timely provide them for boarding and departure;
- to carry passengers using certified vehicles of a proper type and having documents according to the legislation;
- to take passengers to the destination point according to the route without involving financial extra costs, first of all people with disabilities, senior citizens, pregnant women, passengers with pre-school children, in case the travel stopped due to technical malfunction of the vehicle or emergency or imminent event under the given circumstances;
- to carry passengers with tickets and passengers having travel privilege according to the legislation;
- to provide passengers with true and timely information on names of stops, possible changes for other vehicles, travel fare, etc.;
- to compensate harm to health and belongisngs of passengers;
- to provide advance and current sales of tickets;
- to provide passengers with compulsory personal auto accident insurance;
- to check availability of passengers’ documents needed to enter the country of destination, transit countries as well as refuse to carry passengers having no such documents before starting international road carriage of passengers;
- to follow these Rules, Traffic rules and rules of technical exploitation of vehicles.
2. Rights of the carrier:
- to cancel bus tours in case of circumstances he couldn’t foresee and prevent and to return costs paid by passengers (owner of the services) for carriage;
- limit or seize carriage in case of natural calamity, plague, epizootic or other emergency;
- to stop driving vehicles in case there is a threat to passengers’ life and health;
- to specify luggage condition in the luggage receipt in case it has external damage or to refuse to transport such luggage in case the passenger does not agree to make corresponding records;
- to demand from government authorities or local authorities, service owner and bus stations following the agreement conditions;
- to take part in tenders for carriage of passengers;
- to make offers for the providers of the scheduled carriage regarding the improvement of the arrangement of passenger service;
- to provide passengers with travel privileges;
- to offer new services to passengers.
3. Responsibilities of the bus driver:
- to have driving license for driving vehicles of a corresponding category;
- to follow requirements of these Rules, Traffic rules and rules of technical and sanitation exploitation of the bus;
- to have documents foreseen by the legislation and to present them for inspection;
- to follow the specified route and bus schedule;
- to take, place and give luggage to passengers at the bus stops foreseen by the bus route;
- to make sure passengers carry out their responsibilities and place their luggage and bag in the bus in a safe manner;
- to carry out passenger unloading in case of filling the tank with gasoline during the carriage of passengers;
- to take necessary measures to provide passengers’ safety in case of difficult driving conditions (fog, slippery roads, etc.), which prevent from continuing the trip and in case of the involuntary stop at the railway crossing;
- to check availability of tickets and receipts for luggage of the passengers boarding the bus at local or intercity bus;
- to stop the bus, working as a public taxi-bus, during the route in order to drop-off passengers at their request at the bus stops as well as in other places but not closer than 100 meters from the public transport stop if this does not break the Traffic rules;
- to stop the bus for passenger pick-up and drop-off at the distance of not more than 0.5 meters from the roadway edge;
- to have a medical check-up before starting his work, to carry out inspection of technical condition and completeness of sets of the vehicle;
- to follow schedule of work and rest established by the legislation;
- to be tidily dressed and polite towards the passengers;
- to announce names and time of bus stops;
- to sell tickets to passengers before the bus departs in the cases foreseen by the legislation;
- to provide protection of passengers’ bags and luggage in case the passenger misses the bus departure throughout the journey;
- to help passengers, having disabilities, place bags, luggage, crutches, wheelchairs and other personal belongings in case of providing local and intercity carriages as well as at picking up and dropping off the passengers;
- to check upon the arrival whether the passenger having disabilities came to the destination point and whether he/she took all bags, luggage or personal belongings;
- to transport luggage in the luggage compartments of the bus (in case they are available) or to place it in such a way that it does not prevent passengers from moving along the passenger compartment and does not block the way to the main and emergency exits.
4. Rights of the bus driver:
- to require following of passengers’ responsibilities;
- to check availability of tickets and luggage receipts at boarding the bus for local, intercity and international routes;
- to keep a luggage in case the passenger does not show the luggage receipt;
- not to allow the passenger into the bus in case there are no free seats (except for the cases when the passenger has a bus ticket for the seat in compartment);
- to refuse to stop to pick up or drop off at the places closer than 100 meters from public transport stop or if Traffic rules are violated when the bus works as a public taxi-bus;
- not to allow passengers into the bus if they don’t have tickets or don’t show the certificate of a standard form to confirm the right for travel privilege, the passengers who are under the influence of alcohol or drugs, break public order, carry dangerous luggage, in particular inflammable, explosive things and things that can make the vehicle or passengers’ clothes dirty.
5. The bus driver is not allowed:
- to start movement before the complete closing of doors and open them before the complete stop of the bus;
- to change route and schedule;
- to talk to passengers, eat, drink, smoke when the bus is on the move;
- to sell tickets to passengers when the bus is on the move;
- to refuse to serve passengers except for the cases foreseen by the legislation and by these Rules;
- to choose passengers according to the place of their destination;
- to carry sharp and cutting objects, inflammable, explosive, poisonous, acidy, smelling and narcotic substances, shooting weapons without protectors, other dangerous objects;
- to carry animals, except for the cases foreseen by the legislation;
- to break the requirements of these Rules, Traffic rules and rules of technical exploitation of the vehicle.
6. The bus passenger must:
- have a ticket, luggage receipt, and in case of travel privilege – certificate of the standard form or free of charge ticket (for intercity carriages);
- occupy the seat specified in the ticket, to keep the ticket till the end of the trip and to present it unfolded at the request of persons entitled to carry out inspection;
- board (drop off) the bus only after complete stop of the bus;
- pay for carriage of bags and luggage according to the requirements of these Rules;
- have visa and immigration documents (during international carriage);
- have properly executed documents needed to enter the destination country, transit countries in case of going on an international tour and show them to the carrier at his request;
- make a timely signal for the bus driver or to inform the driver in case of a request stop;
- provide the injured with help in case of the road accident and inform police authorities about this;
- inform the driver about the found left belongings, documents and valuable objects.
7. The bus passenger has right:
- for safe and high quality carriage services;
- to require following the carriage agreement conditions by the carrier;
- to carry animals in the order foreseen by the legislation;
- to carry two items of luggage paid according to the tariff for each and have one bag in the passenger compartment for free in case of intercity or international routes;
- to carry not more than 2 bags for free in case of local and city route;
- to declare luggage value;
- to get information on carriage services from the carrier, driver, bus station agent;
- for damage compensation.
8. Bus passengers are not allowed:
- to distract the driver during the movement;
- to open doors of the vehicle before its complete stop;
- to prevent doors from closing;
- to place luggage in such a way that it prevents passengers from moving along the compartment;
- to travel without payment or without showing the certificate of the standard form (in case the passenger is entitled to the privilege travel);
- to make changes in the ticket and to pass it to another person;
- to have luggage and bags on the seat;
- to use emergency tools without need;
- to disturb public order;
- to smoke in the passenger compartment.
Carriage of bags and luggage
1. Baggage fee is not charged in case it is carried in the passenger compartment of the bus of:
- intercity or international route – not more than one bag;
- city and local route – not more than two bags.
Bags are carried in the passenger compartment under the passenger supervision.
In case the passenger carries more bags than specified above, he must pay for them according to the tariff established by the legislation.
In case the passenger gives his bags to the luggage compartment, he must pay for them as for the luggage.
2. Passengers’ luggage is carried in the luggage compartment (if it is possible due to the bus design) at a charge.
In case there is no luggage compartment, the luggage is carried in the passenger compartment (one item – for free, the rest – at a charge according to the tariff).
The luggage, which is carried in the passenger compartment, must be placed in such a way that it does not prevent the passengers from moving along the compartment and does not block access to the main and emergency exits.
The carrier can transport luggage in a truck. Maximum number of items to carry is determined by the carrier but must not be less than two items from one passenger.
3. The luggage can be received by the passenger, who gave it for carriage.
4. The passenger can declare the luggage value and pay the established price for this when gives his luggage to the luggage compartment.
5. After the carriage is completed, the carrier keeps the luggage during one day without payment. The passenger must pay according to the tariff established by the carrier for the luggage storage for more than 1 day, if other is not provided by the legislation.
6. The luggage (part of it), which was not given to the person within 14 days from the moment of getting a luggage request application, is considered to be lost and in case the passenger declared its value, he must get the compensation in the specified amount as well as charge, which was taken for luggage carriage.
In case the passenger did not declare the value, he/she will receive charge for luggage carriage and the amount of compensation will be established at court.
7. In case the lost luggage was found within a year from the date of luggage request application, the carrier must inform the passenger about this. The passenger can receive such luggage within 30 days and pay money he received as the compensation for loss to the carrier.
8. In case the lost luggage or bags are found, the driver must make an act in the presence of two witnesses. The act can be made in any form and contain a detailed description of belongings. After this the act and the belongings must be given to the carrier.
Luggage or bags that were not requested in the destination point within a month, are considered to be a finding.
9. Persons with disabilities have right for free carriage of tools aimed at personal movement (wheelchairs, crutches).
10. Are not allowed for a carriage:
- Dangerous luggage, in particular inflammable, explosive objects and those, which can make the vehicle or passengers’ clothes dirty;
- Weapons and animals, except for the cases foreseen by the legislation.
11. Carriage of animals by the road vehicles is made in order established by the legislation.