Excess passengers can only be arrested and charged if they defy police orders or requests from a driver, conductor or vehicle owner to alight. The Director of Public Prosecutions (DPP) Noordin Haji on Wednesday said that a directive by the police boss Hillary Mutyambai to arrest excess passengers could be in contravention of the law and called on the police to exercise caution. \u201cAlthough this could be a deterrent measure to members of the public travelling as excess passengers in PSVs, caution must be exercised,\u201d he said. The DPP said it was not easy to prove a passenger defied police or vehicle crew orders. The DPP clarified that under Section 100(2) (2A) of the Traffic Act, the owner, the driver and the conductor and not commuters were liable if the vehicle carries more passengers than it is licensed to carry. Haji (pictured) urged police to consider use of body cameras to strengthen evidence gathering process as well as mitigate against corruption on the roads.