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Don't tell our friends in Burnley but actually it's the passengers that have to cover up!
Photo credit, with thanks, (c) Tom Culley |
From Monday, 15th June, the wearing of face coverings is required on all public transport in England. There is very little information on our local operators' websites about this and what there is is well hidden, so here's all you need to know.
Must I wear a mask?
The requirement is for "face coverings" of the type you can make at home. There is certainly no need to wear a surgical mask and supplies of these are needed for NHS and other key health workers. The covering should cover and protect your mouth and nose.
Is it a legal requirement?
The government originally announced that the requirement would be included in the "National Conditions of Carriage" for train companies and the "Public Service Vehicles Conduct of Drivers, Inspectors, Conductors and Passengers Regulations 1990" for buses and coaches. However, in a late change to the plan, the requirement will now be brought in under the Public Health (Control of Diseases) Act 1984.
Are there any exemptions?
Yes. Draft guidance from the Department for Transport says:
The requirement to wear a face covering does not apply to:
- a child under the age of 11
- an employee of the transport operator, when they are acting in the course of their employment (including bus drivers).
- if you have a physical or mental illness or impairment, or a disability that means you cannot put on, wear or remove a face covering
- if putting on, wearing or removing a face covering would cause you severe distress
- if you are travelling with, or providing assistance to, someone who relies on lip reading to communicate
- if you are travelling to avoid injury or escape the risk of harm, and you do not have a face covering with you
- if you need to remove it during your journey to avoid harm or injury or the risk of harm or injury to yourself or others
- if you need to eat, drink, or take medication you can remove your face covering
- if you are asked to remove your face covering by a police officer or other official, for example to check your railcard (or, presumably your concessionary bus pass).
Some of the conditions that do confer exemption may not always be obvious and the BUG feels that passengers should give each other "the benefit of the doubt". Stagecoach says on its website that it has updated its "Journey Assistance Cards" which passengers can use to explain "hidden" disabilities to drivers when boarding the bus. The actual page on the website that holds the information about the cards didn't seem to have been updated when this piece was being written, but here is a link that you can check for yourselves:
Who will enforce the rules?
Enforcement, and the imposition of any penalties, will be a matter for the police. The British Transport Police, despite their name, only have jurisdiction on the rail network. Enforcement on the buses is a matter for local police forces.
Can the bus driver make me wear a mask?
The new regulations allow any "relevant person" to
a) require a passenger to wear a face covering
b) deny boarding onto the vehicle
b) require them to disembark from the vehicle
"Relevant persons" are police constables, community support officers and bus operators' staff, including drivers. However, only a police constable may forcibly remove anyone from a vehicle.
Why isn't the driver wearing a mask?
Drivers are specifically exempted (see above). The cab screen provides protection and wearing a mask could become a distraction whilst driving, particularly for drivers wearing glasses that might become steamed up.
What are the penalties for non-compliance?
There is a fixed penalty of £100, reduced to £50 if paid within 14 days. Penalties can only be issued by a police constable or a community support officer. Bus drivers have no power to issue penalties.
