法邦网—法律法规查看

(Cap 436 section 22) [14 March 1997] (L.N. 94 of 1997) Cap 436C s 1 Interpretation In this Regulation, unless the context otherwise requires- "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) means the control centre referred to in section 2(1)(b); "lane" (行车) means a lane for the passage of traffic in the tunnel area; "light signal" (交通灯) means an illuminated signal to control vehicular traffic within the tunnel 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; "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; "Tunnel Manager" (隧道经理) means the person appointed by the Company to control and manage the tunnel area; "tunnel officer" (隧道人员) means the Tunnel Manager and any other person employed by the Company for the control, restriction and safety of traffic in the tunnel area. Cap 436C 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 tunnel area; (b) provide and maintain a control centre which shall- (i) be situated at the northern entrance to the tunnel; (ii) contain adequate equipment for the regulation, control, restriction and guidance of vehicles and persons using or employed in the tunnel area; (iii) be manned at all times by an adequate number of persons trained in the use of equipment provided for the purposes mentioned in subparagraph (ii) and who are trained in emergency traffic arrangements;(c) ensure that direct telecommunications links are available at all times between the control centre and- (36 of 2000 s. 28) (i) a regional command and control centre of the Hong Kong Police Force; and (L.N. 362 of 1997) (ii) the Communication Centre of the Government Fire Services Department;(d) maintain in efficient working order the emergency communication system provided in the tunnel for officers of the Government Fire Services Department to communicate with the Communication Centre of that department; (e) 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 and service vehicles suitable for dealing with vehicular breakdowns, accidents and obstruction in the lanes; (g) use service vehicles referred to in paragraph (f) of the type, specification and quantity specified in Appendix 8 of the project agreement; if service vehicles of any other type or specification or quantity are to be used, they should be submitted to the Commissioner for prior approval; (h) ensure that- (i) an adequate number of the service vehicles referred to in paragraph (f) is manned and maintained at all times in a state of readiness by an adequate number of trained personnel; and (ii) a 2-way radio link between the vehicle and the control centre is available while any such vehicle is present in a lane;(i) provide an adequate system of ventilation for the safety of persons using or employed in the tunnel area; (j) provide equipment for the continuous measurement and recording of the concentration of carbon monoxide gas and nitrogen dioxide gas 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 should be provided subject to it being replaced by equipment for measuring nitrogen dioxide gas immediately when it is available; (k) provide equipment for the continuous measurement of petrol vapour in the sump at the lowest point of the tunnel; (l) maintain the equipment referred to in paragraph (k) in good working order at all times and give visual and audible alarm warnings if the concentration of petrol vapour exceeds 0.35% by volume of air; (m) provide fire extinguishing equipment in the sump at the lowest point of the tunnel, which equipment shall come into operation automatically if the concentration of petrol vapour exceeds 0.8% by volume of air; (n) provide and maintain at all times adequate first aid equipment; (o) provide adequate and efficient illumination within the tunnel area; (p) 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; (q) maintain in efficient working order at all times an emergency power supply for use in the tunnel by the Government Fire Services Department; (r) 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; (s) in addition to the requirement mentioned in paragraph (r), 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 tunnel area for a minimum of 6 hours- (i) fire services systems; (ii) all loads backed up by uninterruptible power supply; (iii) sump pumps; (iv) emergency power points inside the tunnel; (v) air-conditioning for computer room, control rooms and uninterruptible power supply rooms; (vi) mechanical ventilation for battery rooms; and (vii) emergency lights and essential power points for ancillary buildings of the Western Harbour Crossing;(t) keep the tunnel area in a clean and orderly condition; (u) provide access and facilitate the activities of officers or other servants of the Hong Kong Government and its agents whilst engaged in duty relating to the tunnel area.(2) The Company shall ensure that- (a) until 22 October 1997, the concentration of carbon monoxide gas in the tunnel does not during any 5 minute period exceed an average of 125 parts per million; (b) with effect from 23 October 1997, the concentration of carbon monoxide gas in the tunnel does not during any 5 minute period exceed an average of 100 parts per million; (c) until 22 October 1997, the concentration of nitrogen dioxide gas in the tunnel does not during any 5 minute period exceed an average of 1.5 parts per million; (d) with effect from 23 October 1997, the concentration of nitrogen dioxide gas in the tunnel does not during any 5 minute period exceed an average of 1 part per million; (e) 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 at any time exceed 15 parts per million; and (f) the visibility standard in the tunnel does not exceed an extinction coefficient of 0.005 per metre. (L.N. 171 of 1997)(3) The Company shall, to the satisfaction of the Director of Fire Services, provide adequate and efficient fire service installations and equipment in the tunnel area at all times. (4) The Company shall, without delay, report any diversion or interruption of traffic within the tunnel area that may affect the flow of traffic outside that area to a regional command and control centre of the Hong Kong Police Force and to an officer designated by the Commissioner. (L.N. 362 of 1997) Cap 436C s 3 Traffic signs 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 tunnel 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, informatory or supplementary plate traffic sign 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, light signal or road marking 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 using the tunnel.(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 tunnel area under subsection (1)(a), (b) or (d). (3) The Company shall, if directed to do so by the Commissioner, remove any traffic sign, light signal or road marking erected or placed in the tunnel area under subsection (1)(b) or (d). (Enacted 1997) Cap 436C s 4 Uniforms and identification A tunnel officer on duty shall- (a) except in the case of the Tunnel 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. (Enacted 1997) Cap 436C s 5 Tunnel officers' power to stop vehicles (1) A tunnel officer may- (a) for the purpose of preventing or detecting any contravention of 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 tunnel area; (iii) is likely to contravene or has contravened any of those bylaws; or (iv) has been involved in an accident in the tunnel area,exercise, within the tunnel area, any of the powers specified in subsection (2). (2) For the purposes of subsection (1), a tunnel 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 tunnel 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 owner of the vehicle where that information is within his knowledge. (Enacted 1997) Cap 436C s 6 Tunnel officers' power to search vehicles A tunnel 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 tunnel 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 any such bylaw,within the tunnel area, enter, examine and search a vehicle and anything in or on the vehicle. (Enacted 1997) Cap 436C s 7 Priority of vehicles using the tunnel area The Commissioner may arrange with the Company that certain vehicles should be given priority in the use of the tunnel area during certain periods and the Company shall give such priority to those vehicles in accordance with the arrangement. (Enacted 1997) Cap 436C s 8 Offences and penalties Any person who fails to comply with any order, signal or requirement given or made by a tunnel officer under section 5, or who obstructs or interferes with a tunnel officer acting under section 6, commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months. (Enacted 1997)