Legislation – The Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020

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PART 4Minimising risk of exposure to coronavirus

Requirement to wear face covering on public transport18.

(1)

A person (“P”) who is travelling as a passenger on a vehicle used to provide a public transport service must wear a face covering.

(2)

But this is not required—

(a)

where an exemption applies under paragraph (3);

(b)

where P has a reasonable excuse not to wear a face covering, as to which see paragraph (4).

(3)

An exemption to the requirement to wear a face covering applies—

(a)

where P is a child under the age of 11;

(b)

on a vehicle providing a school transport service;

(c)

on a ferry where—

(i)

the part of the ferry which is open to passengers is entirely outdoors, or

(ii)

a distance of at least 2 metres can be maintained between persons on the part of the ferry which is open to passengers;

(d)

on a cruise ship;

(e)

where P is allocated a cabin, berth or other similar accommodation on the vehicle, at any time when P is in that accommodation—

(i)

alone, or

(ii)

only with members of P’s household or a member of the household’s carer;

(f)

where—

(i)

P is permitted, or ordinarily required, to board and to stay in a vehicle when using the public transport service,

(ii)

the vehicle is not itself used for the provision of a public transport service, and

(iii)

P stays in that vehicle;

(g)

on an aircraft which neither took off from, nor is to land at, a place in Wales;

(h)

on a vessel which does not dock at a port in Wales.

(4)

The circumstances in which P has a reasonable excuse to not wear a face covering include—

(a)

where P is unable to put on, wear or remove a face covering because of a physical or mental illness or impairment, or a disability (within the meaning of section 6 of the Equality Act 2010);

(b)

where P has to remove the face covering to communicate with another person who has difficulty communicating (in relation to speech, language or otherwise);

(c)

where P has to remove the face covering in order to avoid harm or injury, or the risk of harm or injury, to themselves or others;

(d)

where P is travelling to avoid injury, or to escape a risk of harm, and does not have a face covering;

(e)

where P has to remove the face covering to—

(i)

take medication;

(ii)

eat or drink, if this is allowed on the vehicle and is reasonably necessary (for example due to the length of the journey);

(f)

where P is asked to remove the face covering by—

(i)

an enforcement officer, or

(ii)

the operator of the public transport service, an employee of the operator or a person authorised by the operator.

(5)

An operator of a public transport service to which paragraph (1) applies must provide information to passengers about the requirement to wear face coverings on their vehicles.

(6)

For the purposes of this regulation a “school transport service” means any transport service provided solely for the purpose of—

(a)

carrying a person to and from the school or other place at which the person receives education or training, or

(b)

otherwise facilitating a person’s attendance at a school or other place at which the person receives education or training.