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