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(Cap 498 section 27(1)) [22 May 1997] (L.N. 269 of 1997) (L.N. 137 of 1997) Cap 498A s 1 Interpretation In this Regulation, unless the context otherwise requires- "agent" (代理人), in relation to the collection of tolls, means an agent appointed by the Commissioner or an operator, to carry out administrative work relating to automatic toll collection within the Area; "appropriate toll" (适当使用费), in relation to a type or class of vehicle, means the toll payable under section 3(1)(b) under the one-way toll collection or the toll payable under section 3(1)(a) under the two-way toll collection as may be appropriate depending on which arrangement is in operation; "autotoll booth" (自动收费亭) means a toll booth equipped with an automatic toll collection facility; "electronic toll pass" (电子收费代用证) means a pass issued by the Commissioner, an operator or agent, to a person who opens an account with the Commissioner, the operator or agent, as the case may be, for the payment of a toll for passage through an autotoll booth; "one-way toll collection" (单向收取使用费) means an arrangement for the collection- (a) for the use of the Lantau Link by a vehicle of the type or class specified in column 2 of Schedule 1; (b) of twice the toll specified in column 3 of that Schedule in relation to that type or class of vehicle; (c) as a single payment and in one direction only, irrespective of whether the Lantau Link is used only in one direction or both directions by the vehicle concerned;"responsible person" (负责人), means- (a) the driver of a vehicle in respect of which a toll is payable, whether or not any passenger who may be in that vehicle pays the toll on behalf of that driver; (b) the owner of that vehicle, whether or not he is the driver, where an electronic toll pass has been issued and remains valid in respect of that vehicle; or (c) any other person determined by the Commissioner for the time being under section 3(3)(e);"toll ticket" (使用费代用券) means a ticket approved by the Commissioner for use by the public for the payment of a toll; "two-way toll collection" (双向收取使用费) means an arrangement for the collection- (a) separately; (b) for the use in each direction of the Lantau Link by a vehicle of a type or class specified in column 2 of Schedule 1; (c) of the toll specified in column 3 of that Schedule in relation to that type or class of vehicle. Cap 498A s 2 Arrangement for toll collection (1) The Commissioner may determine by notice published in the Gazette- (a) whether to use the one-way toll collection or two-way toll collection for collecting tolls for the use by vehicles of the Lantau Link; and (b) where he determines to use the one-way toll collection, the direction of travel in which the toll is to be collected,and at any given time the arrangement in operation for collecting tolls for the use of the Lantau Link shall be that determined for the time being under this section. (2) For the avoidance of doubt it is stated that when the one-way toll collection is in operation- (a) no reimbursement of any amount paid as toll shall be made for the reason that the Lantau Link was used only in one direction by the vehicle concerned; and (b) no toll shall be collected other than in the direction determined for the time being under subsection (1)(b). Cap 498A s 3 Tolls (1) The toll payable for the use of the Lantau Link by a type or class of vehicle specified in column 2 of Schedule 1 is- (a) where the two-way toll collection is in operation, the toll specified in column 3 of that Schedule in relation to that type or class of vehicle; and (b) where the one-way toll collection is in operation, twice the toll payable under paragraph (a) in respect of that type or class of vehicle.(2) Subject to subsection (4), the responsible person shall pay to the Commissioner, an operator or agent, as may be appropriate, the appropriate toll for the use of the Lantau Link by any type or class of vehicle specified in column 2 of Schedule 1. (3) Subject to subsection (4), the toll payable under this section may be collected by the Commissioner, an operator or agent, as may be appropriate, either manually or electronically, and may be so collected- (a) in cash; (b) by the receipt of one or more toll tickets; (c) partly in cash and partly by the receipt of one or more toll tickets; (d) by the use of an electronic toll pass; or (e) in the event of an emergency or similar occurrence, in such other manner or from such other person as determined by the Commissioner for the time being for the purposes of this paragraph.(4) No toll shall be payable under this section in respect of any Government vehicle, any type or class of vehicle used by an operator in the course of his duty as such or by the driver of a vehicle who has been approved by the Commissioner to use the Lantau Link without the payment of a toll. (5) Despite section 4(1), any person who contravenes subsection (2) either by evading payment of the appropriate toll or by underpaying that appropriate toll commits an offence. Cap 498A s 4 Surcharges (1) The responsible person shall pay to the Commissioner, an operator or agent, as may be appropriate, the appropriate surcharge specified in column 3 of Schedule 2, in respect of the evasion or underpayment of any toll payable under section 3, in addition to the amount of the toll evaded or underpaid. (2) A surcharge payable under subsection (1) may be collected by the Commissioner, an operator or agent, as may be appropriate- (a) in cash; or (b) in such other manner as determined by the Commissioner for the time being for the purposes of this paragraph.(3) The imposition or otherwise of a surcharge payable under subsection (1) is without prejudice to any proceedings that may be instituted in respect of an offence under section 3(5). (4) Any person who fails to pay a surcharge payable under subsection (1) within 21 days of a demand being made for it commits an offence. Cap 498A s 5 Escort fees (1) Where a vehicle is required to be escorted within any part of the Area, the provision of the escort service is subject to payment of the appropriate fee specified in column 3 of Schedule 3, by the person requesting the service, to the Commissioner or an operator, as may be appropriate. (2) A fee payable under subsection (1) may be collected by the Commissioner or an operator, as may be appropriate- (a) in cash; or (b) in such other manner as determined by the Commissioner for the time being for the purposes of this paragraph. Cap 498A s 6 Administration fees (1) Where a person makes an overpayment in cash in respect of a toll payable for the use of the Lantau Link, a refund shall be made only on the payment of the appropriate fee specified in column 3 of Schedule 4 to the Commissioner or an operator, as may be appropriate. (2) A fee payable under subsection (1) may be collected, whether by deduction from the refund or otherwise, by the Commissioner or an operator, as may be appropriate- (a) in cash; or (b) in such other manner as determined by the Commissioner for the time being for the purposes of this paragraph.(3) For the avoidance of doubt it is stated that where a person tenders an amount exceeding the appropriate toll in payment of the toll, the return of the excess at the time of such payment is not to be regarded as a refund of overpayment for the purposes of subsection (1). Cap 498A s 7 Processing and permit fees (1) The applicant for a permit shall pay to the Commissioner or an operator, as may be appropriate, the appropriate fee specified in column 3 of Schedule 5 in respect of the issue of any permit by the Commissioner, or by the operator with the approval of the Commissioner in accordance with the terms of a management agreement. (2) An applicant for a permit shall pay to the Commissioner or an operator, as may be appropriate, for processing an application for a permit of a description or in respect of a type or class of vehicle specified by the Commissioner, a fee determined by the Commissioner- (a) in consultation with the Director; and (b) with reference to the type or class of vehicle,and such fee shall be payable- (i) in addition to the fee referred to in subsection (1) (where a permit is issued); and (ii) whether or not the permit is issued.(3) A fee payable under subsection (1) or (2) may be collected by the Commissioner or an operator, as may be appropriate- (a) in cash; or (b) in such other manner as determined by the Commissioner for the time being for the purposes of this paragraph. Cap 498A s 8 Fees and charges for removal, impounding and storage (1) The owner of a vehicle shall pay to the Commissioner or an operator, as may be appropriate, the appropriate fee or charge specified in column 3 of Schedule 6 in respect of- (a) the removal; (b) the removal and storage; or (c) the impounding,of the vehicle under section 22 or 23 of the Ordinance. (2) A fee or charge payable under subsection (1) may be collected by the Commissioner or an operator, as may be appropriate- (a) in cash; or (b) in such other manner as determined by the Commissioner for the time being for the purposes of this paragraph.(3) Any person who fails to pay a fee or charge payable under subsection (1) within 21 days of a demand being made for it commits an offence. Cap 498A s 9 Penalties for offences Any person who commits an offence under section 3, 4 or 8 is liable to a fine at level 2 and to imprisonment for 6 months. Cap 498A Sched 1 TOLLS [sections 1 & 3] Category Type or class of vehicle Toll or description of toll payable 1. Motor cycle, motor tricycle *$10 2. Private car, electrically powered passenger vehicle, taxi *$15 3. Public light bus, private light bus *$20 4. Light goods vehicle, special purpose vehicle-of a permitted gross vehicle weight not exceeding 5.5 tonnes *$20 5. Medium goods vehicle, special purpose vehicle (other than an articulated vehicle)-of a permitted gross vehicle weight exceeding 5.5 tonnes but not exceeding 24 tonnes *$25 6. Heavy goods vehicle, special purpose vehicle (other than an articulated vehicle)-of a permitted gross vehicle weight exceeding 24 tonnes *$40 7. Public single-decked bus, private single-decked bus *$20 8. Public double-decked bus, private double-decked bus *$30 9. Articulated vehicle *$40 10. Vehicle towing another vehicle *Toll equivalent to amount applicable to both types or classes of vehicle involved. 11. Vehicle (other than articulated vehicle) towing a trailer *Toll equivalent to amount applicable to type or class of vehicle and $15 in respect of the trailer. *Note: Where one-way toll collection is in operation the toll is double that specified. Cap 498A Sched 2 SURCHARGES [section 4] Item Particulars Surcharge 1. Surcharge for evasion or underpayment of toll $170 Cap 498A Sched 3 ESCORT FEES [section 5] Item Particulars Fee 1. Escort of any vehicle $250 for each 30 minutes or part thereof Cap 498A Sched 4 ADMINISTRATION FEES [section 6] Item Particulars Fee 1. Refund of overpayment of toll in cash $100 Cap 498A Sched 5 PERMIT FEES [section 7] Item Particulars Fee 1. Issue of permit $100 Cap 498A Sched 6 FEES AND CHARGES FOR REMOVAL, IMPOUNDING AND STORAGE OF VEHICLES [section 8] Item Particulars Fee or charge 1. Fee for removal of vehicle in respect of- (a) a motorcycle, motor tricycle, private car, electrically powered passenger vehicle, taxi, public light bus, private light bus (b) a light goods vehicle, special purpose vehicle- of a permitted gross vehicle weight not exceeding 5.5 tonnes, public single-decked bus, private single-decked bus(c) a medium or heavy goods vehicle, special purpose vehicle-of a permitted gross vehicle weight exceeding 5.5 tonnes, public double-decked bus, private double-decked bus $260 $450 $600 2. Charge for impounding vehicle $140 3. Charge for storage of vehicle after the second day $110 per day