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(Cap 474 section 17) [13 February 1998] (L.N. 90 of 1998) Cap 474B s 1 Interpretation In this Regulation, unless the context otherwise requires- "General Manager" (总经理) means the person appointed by the Company to control and manage the toll area; "light signal" (管制灯号) means an illuminated signal to control vehicular traffic or pedestrians within the toll area; "road marking" (道路标记) means a line, word, mark or device placed on, or set into, the surface of a road for conveying to persons using the road any warning, information, requirement, restriction, prohibition or direction; "toll area control officer" (收费区管理人员) has the meaning assigned to it by section 49 of the Ordinance; "traffic sign" (交通标志) means a sign, object or device for conveying to persons using a road any warning, information, requirement, restriction, prohibition or direction. Cap 474B s 2 The Company's obligations (1) The Company shall, to the satisfaction of the Commissioner- (a) erect and maintain adequate and efficient traffic signs and light signals, and place and maintain adequate and efficient road markings, in the toll area; (b) provide and maintain a control centre which shall- (i) be situated at the administration building near the northern portal of the tunnel; (ii) contain adequate equipment for the regulation and control of vehicles and persons using or employed in the toll area; and (iii) be manned at all times by an adequate number of persons trained in the use of equipment referred to in subparagraph (ii) and who are trained to implement emergency traffic arrangements;(c) provide and maintain in efficient working order direct telecommunications links at all times between the control centre and- (36 of 2000 s. 28) (i) the Regional Command and Control Centre of the Hong Kong Police Force in the New Territories; (ii) the New Territories South Operational Base of the Hong Kong Police Force in the New Territories; (iii) the Communication Centre of the Fire Services Department; and (iv) the control centre of the operator of the Tsing Ma Control Area;(d) provide and maintain in efficient working order the emergency communication system in the tunnel for officers of the Hong Kong Police Force and the Fire Services Department to communicate with their respective departments referred to in paragraph (c); (e) provide and maintain in efficient working order a radio re-broadcasting system for transmission of messages on traffic conditions and arrangements from the control centre to persons using the tunnel; (f) provide an adequate number of trained personnel for dealing with vehicular breakdowns, traffic accidents and obstruction in the toll area; (g) provide service vehicles for the personnel referred to in paragraph (f) of the type, specification and quantity specified in Appendix 8 of the project agreement or of a type or specification or quantity that has obtained the prior approval from the Commissioner; (h) provide an adequate number of service vehicles referred to in paragraph (g) to be manned and maintained at all times in a state of readiness by an adequate number of trained personnel and that a 2-way radio link is maintained between the service vehicle and the control centre while any such vehicle is present in a lane; (i) provide an adequate system of ventilation for the health and safety of persons using or employed in the tunnel; (j) provide equipment for the continuous measurement and recording of the concentration of carbon monoxide gas, nitrogen dioxide gas and extinction coefficient in the tunnel and for visual and audible alarm warnings to be given in the control centre if the concentration exceeds the level specified in subsection (2); where the equipment for measuring nitrogen dioxide gas is not commercially available in the market, equipment for the continuous measurement and recording of nitric oxide gas shall be provided subject to it being immediately replaced by equipment for measuring nitrogen dioxide gas when such equipment is available; (k) submit statistical data showing the results of the continuous measurements referred to in paragraph (j) to the Commissioner, in a form and containing the information required by him; (l) provide and maintain at all times adequate first aid equipment; (m) provide adequate and efficient illumination within the toll area; (n) arrange for variation of the illumination in the tunnel having regard to the volume of traffic using the tunnel and the light conditions outside the tunnel; (o) maintain in efficient working order at all times an emergency power supply for use in the tunnel by officers of the Fire Services Department; (p) provide connection to 2 independent outside sources of electric power so that, if there is failure of one source, adequate electric power continues to be available for the full operation of the Constructed and Maintained Facilities; (q) in addition to the requirement mentioned in paragraph (p), provide and maintain in a state of readiness at all times electricity generating apparatus which, in the event of failure of the outside sources of electric power, will be sufficient to operate the following emergency systems and equipment in the toll area for a minimum of 6 hours- (i) fire services systems; (ii) all loads backed up by uninterruptible power supply; (iii) essential tunnel lighting and emergency power points inside the tunnel; (iv) air-conditioning for computer rooms, control rooms and uninterruptible power supply rooms; (v) mechanical ventilation for battery rooms; and (vi) emergency lights and essential power points for the toll plaza, the administration building and ancillary buildings;(r) keep the toll area in a clean and orderly condition; (s) provide access and facilitate the activities of officers or other servants of the Government of the Hong Kong Special Administrative Region and its agents whilst engaged in duty relating to the toll area.(2) The Company shall ensure that- (a) the concentration of carbon monoxide gas in the tunnel does not during any 5-minute period exceed an average of 100 parts per million by volume; (b) the concentration of nitrogen dioxide gas in the tunnel does not during any 5-minute period exceed an average of 1 part per million by volume or; where the equipment for measuring nitrogen dioxide gas is not commercially available in the market, the concentration of nitric oxide gas in the tunnel does not during any 5-minute period exceed an average of 11.4 parts per million by volume; and (c) the visibility in the tunnel does not during any 5-minute period exceed an extinction coefficient of 0.005 per metre.(3) The Company shall- (a) to the satisfaction of the Director of Fire Services, provide and maintain adequate fire service installations and equipment in the toll area at all times; (b) in the event of fire, traffic accident or injury to persons in the toll area, conduct fire fighting operation and render first aid treatment to the injured persons as soon as and so far as it is reasonably practicable prior to the arrival of those officers of the Fire Services Department and Hong Kong Police Force, and offer assistance to those officers in the course of any fire fighting or rescue operation; (c) ensure the toll area control officers engaged in the operation referred to in paragraph (b) are trained in fire fighting procedures, first aid techniques and the use of fire fighting and first aid equipment.(4) The Company shall, without delay, report and diversion or interruption of traffic in the toll area that may affect the flow of traffic outside that area to- (a) the Regional Command and Control Centre of the Hong Kong Police Force in the New Territories; (b) the New Territories South Operational Base of the Hong Kong Police Force in the New Territories; and (c) an officer designated by the Commissioner.(5) The Company shall, without delay, report any diversion or interruption of traffic in the toll area that may affect the flow of traffic inside the Tsing Ma Control Area to the control centre of the operator of the Tsing Ma Control Area. (6) The Company shall enter, or cause the operator of the toll area to enter, into co-operation agreements with the operator of the Tsing Ma Control Area to provide for facilities and arrangements, which will facilitate co-operation in the operation of the toll area and the Tsing Ma Control Area and the safe and efficient flow of traffic. The co-operation agreements shall contain requirements specified in Appendix 8 of the project agreement. (7) In this section- "Constructed and Maintained Facilities" (已建设及受保养的设施) means the Constructed and Maintained Facilities defined in the project agreement; "control centre" (控制中心), unless the context otherwise requires, means the control centre referred to in subsection (1)(b); "lane" (行车) means a lane for the passage of traffic in the toll area; "Tsing Ma Control Area" (青马管制区) means the area described and delineated as such on a plan deposited under section 7 of the Tsing Ma Control Area Ordinance (Cap 498) and includes any road, viaduct, bridge or tunnel wholly or partially located within that area but does not include any part of that area so described and delineated which is for the time being under the ownership, possession or control of the MTR Corporation Limited; (13 of 2000 s. 65) "tunnel" (隧道) means the Tai Lam Tunnel within the meaning of section 27 of the Ordinance. Cap 474B s 3 Traffic signs, light signals and road markings (1) In order to comply with section 2(1)(a), the Company may cause or permit to be erected or placed in the toll area- (a) any traffic sign, light signal or road marking of the size, colour and type specified in bylaws made under the Ordinance; (b) any warning or informatory traffic sign, supplementary plate that may be used with those traffic signs or road marking of the size, colour and type shown in Schedules 1 and 2 of the Road Traffic (Traffic Control) Regulations (Cap 374 sub. leg.); (c) if the Commissioner approves each such erection or placing, any regulatory traffic sign, supplementary plate that may be used with those traffic signs, road marking or light signal of the size, colour and type shown in Schedules 1, 2 and 3 of the Road Traffic (Traffic Control) Regulations (Cap 374 sub. leg.); and (d) any traffic sign, light signal or road marking as it may think appropriate for the giving of advice and information to persons within the toll area.(2) The Company may, by the erection or placing of an appropriate sign, cancel, alter or temporarily suspend the operation of any traffic sign, light signal or road marking erected or placed in the toll area under subsection (1)(a), (b) or (d). (3) The Company shall, if directed to do so by the Commissioner, remove or alter at its own cost any traffic sign, light signal or road marking erected or placed in the toll area under subsection (1). Cap 474B s 4 Uniforms and identification A toll area control officer on duty shall- (a) except in the case of the General Manager, wear a uniform of a design approved by the Commissioner of Police; (b) carry such means of identity issued by the Company and approved by the Commissioner; (c) promptly produce to any person who on reasonable grounds requests him to do so his means of identity and evidence of appointment. Cap 474B s 5 Toll area control officers' power to stop vehicles (1) A toll area control officer may- (a) for the purpose of preventing or detecting any contravention of the Road Traffic (Expressway) Regulations (Cap 374 sub. leg.) or bylaws made under the Ordinance; or (b) if he has reasonable grounds for believing that the driver of a vehicle- (i) has not paid tolls or fees specified in the Ordinance; (ii) is interrupting or likely to interrupt vehicular or pedestrian traffic in the toll area; (iii) is likely to contravene or has contravened the Road Traffic (Expressway) Regulations (Cap 374 sub. leg.) or any of the bylaws made under the Ordinance; or (iv) has been involved in an accident in the toll area,exercise, within the toll area, any of the powers specified in subsection (2). (2) For the purposes of subsection (1), a toll area control officer may- (a) order or signal the driver of a vehicle- (i) to stop the vehicle immediately; or (ii) to proceed to a designated place in the toll area and to stop there;(b) require the driver of a vehicle- (i) to produce his driving licence; (ii) to give his address; (iii) to give the name and address of the registered owner of the vehicle where that information is within his knowledge. Cap 474B s 6 Toll area control officers' power to search vehicles A toll area control officer may- (a) for the purpose of preventing or detecting a contravention of any bylaw made under the Ordinance that prohibits or restricts the use of the toll area by vehicles of certain descriptions; or (b) if he has reasonable grounds for believing that the driver of a vehicle is likely to contravene or has contravened the Road Traffic (Expressway) Regulations (Cap 374 sub. leg.) or any bylaw made under the Ordinance,within the toll area, enter, examine and search a vehicle and anything in or on the vehicle. Cap 474B s 7 Priority of vehicles using the toll area The Commissioner may arrange with the Company that certain vehicles should be given priority in the use of the toll area during certain periods and the Company shall give such priority to those vehicles in accordance with the arrangement. Cap 474B s 8 Offences and penalties Any person who fails to comply with any order, signal or requirement given or made by a toll area control officer under section 5, or who obstructs or interferes with a toll area control officer acting under section 6, commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.