23/05/2020
Hamburg's Taxi Sector Navigates New Mask Mandate
In a significant update for the city's transport network, Hamburg's Corona-Eindämmungsverordnung (Corona Containment Ordinance) has been revised, bringing new regulations that directly impact taxi drivers and their passengers. The Verkehrsbehörde BVM (Transport Authority) has informed taxi drivers of these changes, which came into effect on September 1st. This article delves into the specifics of the new rules, clarifying obligations and potential implications for both drivers and passengers within the city's taxi services.
Key Mandates for Passengers and Drivers
The updated ordinance introduces several crucial points for the taxi industry. Foremost among these is the requirement for passengers to wear face coverings. If a passenger refuses to wear a mask and does not fall under any of the specified exemptions, the taxi driver is obligated to refuse service. This is a critical measure designed to curb the spread of the virus within the confined space of a taxi.
For drivers, there are specific conditions under which they are exempt from wearing a mask. The primary exemption applies if the vehicle is equipped with a partition screen that effectively separates the driver from the passenger compartment. However, even with such a partition, there are nuances. A clarification from the authorities indicates that if four or more passengers are in the vehicle, and this results in a passenger sitting directly next to the driver, the driver must still wear a mask. This applies even if a partition is in place, unless there is also a protective screen for the front passenger seat. This highlights the authority's focus on minimizing risk in all scenarios.
Passenger Restrictions and Communication
Beyond mask-wearing, the ordinance also addresses passengers exhibiting symptoms. Individuals presenting with acute respiratory illnesses are prohibited from using taxi services. This is a vital step to prevent potential transmission within the public transport system.
To ensure compliance, drivers and operators are tasked with actively reminding passengers of the mask mandate. This can be achieved through various means, including written notices, audible announcements, visual displays, or verbal reminders. When a passenger fails to comply, drivers are expected to address the situation directly. While specific fines for passengers violating these rules were not immediately in place at the time of the announcement, the ordinance makes it clear that non-compliance with legal regulations can lead to serious consequences for taxi operators. This could include being deemed unreliable, potentially resulting in the revocation of their operating permits. This underscores the seriousness with which these regulations are being treated.
The Role of Partition Screens and Aerosol Concerns
A point of particular interest and some inquiry has been the effectiveness of partition screens. While these screens offer a physical barrier, the authorities acknowledge that they may not provide complete protection against the spread of aerosols, especially in a vehicle's environment. The relevant authorities are reviewing expert opinions on this matter. Current assessments suggest that achieving 100% safety is challenging, and a balance needs to be struck between the mandatory use of masks for drivers and the presence of partition screens. The proportionality and effectiveness of requiring drivers to wear masks even with a partition is under consideration.
Detailed Breakdown of the Ordinance: Section 8 & 12
To provide a comprehensive understanding, let's examine the relevant sections of the ordinance:
Section 8: Mask Obligation
This section defines the mask obligation as the requirement for individuals to wear a mouth-nasal covering that sufficiently conceals both the mouth and nose to reduce the spread of droplets from coughing, sneezing, or speaking.
Key points regarding the mask obligation include:
- Children up to the completion of their seventh year are exempt.
- Individuals who can credibly demonstrate that wearing a mask is not possible or is unreasonable due to a disability or health reasons are also exempt.
- Removing the mask is permissible for identification purposes or for communication with individuals with hearing impairments.
- The mask requirement is waived if an appropriate technical device is in place that equally reduces the spread of droplets from coughing, sneezing, or speaking.
Furthermore, Section 8(2) states that individuals who do not wear a mask in contravention of the ordinance must be denied entry to establishments, business premises, shops, participation in events, or the use of services or transport in occasional services (like taxis). This reinforces the obligation for both passengers and drivers to adhere to the rules.
Section 12: Public Passenger Transport
This section specifically addresses public passenger transport. For passengers, visitors, and individuals using public transport, the mask obligation as outlined in Section 8 applies.
When public passenger transport is conducted using passenger cars (such as taxis), the mask obligation from Section 8 also extends to the driving personnel, unless other protective devices are present in the vehicle that prevent droplet infections. The social distancing requirement from Section 3(2) applies as far as spatial conditions permit.
Crucially, individuals exhibiting symptoms of acute respiratory illness are not permitted to board. This exclusion does not apply to emergency services.
Operators of public transport vehicles and facilities are responsible for ensuring users are informed about these duties through written, audible, or visual notices, as well as verbal reminders. They are also authorized to refuse service if these obligations are not met. Taxi drivers in occasional services are specifically obligated to refuse service in cases of non-compliance.
For specific types of transport, such as coach services for occasional passenger transport, contact details must be collected, though this exemption does not apply to transport provided by or for school authorities.
Summary of Obligations
To summarise the core responsibilities for taxi services in Hamburg under the new regulations:
| Scenario | Passenger Obligation | Driver Obligation | Action if Non-Compliant |
|---|---|---|---|
| Standard Taxi Journey | Wear mask unless exempt. No acute respiratory illness symptoms. | Wear mask unless a full partition screen (including front passenger seat) is installed. | Refuse service. |
| Taxi with Partition Screen (driver only) | Wear mask unless exempt. No acute respiratory illness symptoms. | Exempt from mask if partition is effective. | Refuse service if passenger non-compliant. |
| Taxi with Partition Screen (4+ passengers, no front screen) | Wear mask unless exempt. No acute respiratory illness symptoms. | Must wear mask despite partition. | Refuse service if passenger non-compliant. |
| Passenger with Respiratory Symptoms | Cannot use service. | Cannot pick up passenger. | N/A |
Frequently Asked Questions
Do I have to wear a mask in a Hamburg taxi?
Yes, passengers are generally required to wear a mask. Drivers must also wear a mask unless there is a suitable partition screen separating them from the passenger compartment, with specific conditions applying if there are four or more passengers.
When can a taxi driver refuse me service?
A driver can refuse service if you are not wearing a mask (and are not exempt) or if you show symptoms of an acute respiratory illness.
Are there any exemptions to the mask mandate?
Yes, children under seven, individuals with documented disabilities or health reasons preventing mask-wearing, and for brief periods for identification or communication with the hearing impaired are exempt.
What if my taxi has a partition screen? Do I still need to wear a mask?
If the partition screen effectively separates the driver, the driver may be exempt. However, passengers are still generally required to wear a mask. In cases with four or more passengers and no front passenger seat screen, the driver must wear a mask regardless of the rear partition.
What are the consequences for not following the rules?
Passengers not complying can be refused service. Drivers and operators who repeatedly fail to enforce the rules could face consequences impacting their operating permits.
Conclusion
The updated regulations in Hamburg aim to enhance safety within the taxi sector during the ongoing pandemic. By understanding and adhering to these rules, both drivers and passengers contribute to a safer public transport environment. The emphasis on clear communication, the use of protective measures, and the obligation to refuse service when necessary are key components of this updated ordinance. The authorities are continuously monitoring the situation and may provide further clarifications or adjustments as needed.
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