1964_PUBLIC_BUS_SERVICES_ORDINANCE — Page 11

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CAP. 230]

Public Bus Services

[1986 Ed.

Relevance of programme and non-compliance in certain circumstances.

Fares.

12B. (1) In the exercise of any power under this Ordinance, the Governor in Council and the Commissioner shall have regard to

a programme.

(2) Where a grantee fails to comply with a programme by reason of circumstances beyond its control, such failure shall not be taken as a breach of its franchise or a failure to maintain a proper and efficient services.

(Added, 44 of 1984, s. 8)

13. (1) The Governor in Council may determine-

(a) the scale of fares which may be charged for the carriage of passengers, baggage and goods on any specified route or group of specified routes; and

(b) the maximum rate of increase which may be permitted by the Commissioner under subsection (3) in the scale of fares determined under paragraph (a).

(2) Where the Commissioner requires a grantee under sec- tion 15, or approves an application by a grantee under section 16A,

to-

(a) alter a specified route temporarily; or

(b) operate a temporary public bus service on a route, not

being a specified route,

the Commissioner shall determine the fares which may be charged for the carriage of passengers, baggage and goods on such altered route or temporary service, and such fares shall be based on the appropriate scale of fares determined under subsection (1)(a):

Provided that the Commissioner shall not reduce the fares on a specified route under this subsection where the reason for the temporary alteration arises out of circumstances beyond the control of the grantee. (Replaced, 44 of 1984, s. 9)

(3) Where circumstances require a public bus service to be operated on a specified route-

(a) on any day at a frequency greater than that specified in a direction under section 16(1)(a) or in an application approved under section 16A;

(b) during a period or on a day other than that specified in a direction under section 16(1)(a) or in an application approved under section 16A; or

(c) with a bus of a carrying capacity or of a type other than that specified in a direction under section 16(1)(b) or in an application approved under section 16A,

the Commissioner may by notice in writing to the grantee permit the grantee to charge an increased fare for the carriage of passengers, baggage and goods on such route during such operation of a public bus service, and such increased fare shall be based on the appropri- ate scale of fares determined under subsection (1)(a) to which may