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CAP 374Q ROAD TRAFFIC (EXPRESSWAY) REGULATIONS


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  (Cap 374 sections 6, 11, 13 and 131) [1 October 1991] (L.N. 367 of 1991) (L.N. 247 of 1991) Cap 374Q reg 1 Citation PART I PRELIMINARY These regulations may be cited as the Road Traffic (Expressway) Regulations. (Enacted 1991) Cap 374Q reg 2 Interpretation In these regulations, unless the context otherwise requires-"carriageway" (车路) has the meaning assigned to it by regulation 2 of the Road Traffic (Traffic Control) Regulations (Cap 374 sub. leg.); "central reservation" (中央分道带) has the meaning assigned to it by regulation 2 of the Road Traffic (Traffic Control) Regulations (Cap 374 sub. leg.); "expressway works permit" (快速公路工程许可证) means a permit issued under regulation 18; "nearside lane" (左边行车) means a traffic lane which is bound on the right hand side by another traffic lane, when facing in the direction of traffic, and is bound on the left hand side by a road marking of the type shown in Figure No. 505, 512, 606 or 607 in Schedule 2 to the Road Traffic (Traffic Control) Regulations (Cap 374 sub. leg.) or in Figure No. 951 in Schedule 2 or, in the absence of any such road marking, by a kerb, a barrier fence or a works area; "offside lane" (右边行车) means a traffic lane which is bound on the left hand side by another traffic lane, when facing in the direction of traffic, and is bound on the right hand side by a road marking of the type shown in Figure No. 505 or 607 in Schedule 2 to the Road Traffic (Traffic Control) Regulations (Cap 374 sub. leg.) or, in the absence of any such road marking, by a kerb, a barrier fence or a works area; "traffic lane" (行车) has the meaning assigned to it by regulation 2 of the Road Traffic (Traffic Control) Regulations (Cap 374 sub. leg.); "verge" (路边) means any part of an expressway which is not a carriageway or central reservation and having as a boundary which separates it from the carriageway a road marking of the type shown in Figure No. 505 or 607 in Schedule 2 to the Road Traffic (Traffic Control) Regulations (Cap 374 sub. leg.) or, in the absence of any such road marking, a kerb or a barrier fence; "works area" (工程范围) means any area (the boundaries of which are marked or delineated as such) of an expressway where expressway works may be carried out under and in accordance with an expressway works permit. (Enacted 1991) Cap 374Q reg 3 Application to State Remarks: Adaptation amendments retroactively made - see 3 of 2002 s. 15 Except where otherwise expressly provided these regulations shall apply to vehicles and persons in the public service of the State. (Enacted 1991. 3 of 2002 s. 15) Cap 374Q reg 4 Vehicles permitted PART II PERMITTED TRAFFIC (1) Subject to subregulation (2) and regulations 23 and 24, no person shall drive or use on an expressway any vehicle unless it is- (a) a private car; (b) a taxi; (c) a private light bus; (d) a private bus; (e) a public bus; (f) a light goods vehicle; (g) a medium goods vehicle; (h) a heavy goods vehicle; (i) a motor cycle; (j) a motor tricycle; or (k) a recovery vehicle,of which the cylinder capacity of the engine is not less than 125 cubic centimetres. (2) Subregulation (1) shall not apply to- (a) a trailer which is being towed by a vehicle referred to in subregulation (1) or in paragraph (b) or (c); (b) a motor vehicle in respect of which a permit is issued under regulation 50A of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap 374 sub. leg.); or (c) a motor vehicle other than one of those referred to in subregulation (1), which is- (i) owned by the Government, the Urban Council or the Regional Council; or (ii) used by Her Majesty's forces, in respect of which written permission has been given by the Commissioner to use an expressway. (Enacted 1991) Cap 374Q reg 5 Vehicles driven by learner drivers prohibited No person who is authorized to drive a motor vehicle only by virtue of his being the holder of a learner's driving licence issued under regulation 12 or 12A of the Road Traffic (Driving Licences) Regulations (Cap 374 sub. leg.) shall drive or use any such vehicle on an expressway. (Enacted 1991) Cap 374Q reg 6 Animals prohibited Subject to regulation 24, no person in charge of an animal shall- (a) cause or permit the animal to be on an expressway except in or on a vehicle; or (b) remove the animal from, or cause or permit it to leave, a vehicle on an expressway unless it is necessary to transfer the animal from a vehicle, which has broken down or has been involved in an accident, to another vehicle. (Enacted 1991) Cap 374Q reg 7 Restriction on pedestrians (1) Subject to regulations 23 and 24, no person shall enter, use or remain on an expressway except in or on a motor vehicle. (2) Where a person is permitted to be on foot on an expressway under any of these regulations, he shall not walk on the carriageway or the central reservation unless- (a) it is necessary to do so in order to do something expressly required or permitted under these regulations; (b) the condition of the verge (where provided) is such that it is not reasonably possible to walk on it; or (c) no verge is provided. (Enacted 1991) Cap 374Q reg 8 General driving rules PART III DRIVING RULES Subject to regulations 23 and 24, a driver- (a) shall drive a motor vehicle, when entering, or proceeding along, the carriageway of an expressway which is contiguous to a central reservation, in such a direction that the central reservation is at all times on the offside of the motor vehicle; (b) shall not make a U-turn with a motor vehicle on an expressway; (c) shall not drive a motor vehicle on an expressway so that the vehicle travels backwards except in so far as it is necessary to enable the vehicle to be connected to another vehicle for the purpose of towing. (Enacted 1991) Cap 374Q reg 9 Stopping (1) Subject to subregulations (2) and (5) and regulations 23 and 24, no driver shall stop a motor vehicle or cause it to remain at rest on the carriageway of an expressway. (2) Notwithstanding subregulation (1), a motor vehicle may stop or remain at rest on the carriageway of an expressway- (a) by reason of a breakdown or mechanical defect or lack of fuel, oil or water required for the vehicle; (b) by reason of any accident, illness or other emergency; or (c) to permit any person carried in or on the vehicle to give help which is required by any other person in any of the circumstances specified in paragraphs (a) and (b).(3) Where a motor vehicle stops or remains at rest on the carriageway of an expressway in the circumstances described in subregulation (2), the driver shall, as soon as and in so far as reasonably practicable, drive or move it off the carriageway on to the verge or central reservation which is contiguous to the carriageway. (4) A driver whose motor vehicle stops or remains at rest on any part of the carriageway of an expressway shall take all reasonable measures to give warning to drivers of other motor vehicles. (5) Subregulations (1), (3) and (4) shall not apply to a motor vehicle prevented from proceeding along the carriageway of an expressway by the presence of any person or object or any other vehicle. (Enacted 1991) Cap 374Q reg 10 Restriction on the use of verge or central reservation Subject to regulations 9(3), 23 and 24, no driver shall drive or stop a motor vehicle or cause or permit it to remain at rest on a verge or central reservation of an expressway. (Enacted 1991) Cap 374Q reg 11 Restriction on vehicles using offside lane (1) This regulation applies to- (a) a medium goods vehicle; (b) a heavy goods vehicle; (c) a private bus; (d) a public bus; (e) a motor vehicle towing a trailer or another vehicle; (f) a motor vehicle in respect of which a permit is issued under regulation 50A of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap 374 sub. leg.); (g) a recovery vehicle; (49 of 2000 s. 10) (h) any vehicle referred to in regulation 4(2)(c)(i) or (ii); and (49 of 2000 s. 10) (i) a motor cycle or motor tricycle driven by the holder of a probationary driving licence. (49 of 2000 s. 10)(2) Subject to subregulation (3) and regulation 23, no person shall drive a motor vehicle to which this regulation applies in the offside lane of the carriageway of an expressway where 3 or more traffic lanes are open for use by traffic proceeding in the same direction unless- (a) there is a traffic sign indicating that the offside lane joins a diverging lane; and (b) it is necessary for the vehicle to be driven in the offside lane in order to proceed to that diverging lane.(3) For the purpose of determining the number of traffic lanes under subregulation (2), the nearside lane shall cease to be considered as such where its right hand boundary is marked by a road marking of the type shown in Figure No. 951 in Schedule 2 or, where it is designated as a bus lane within the meaning of regulation 2 of the Road Traffic (Traffic Control) Regulations (Cap 374 sub. leg.), during the prescribed time as defined in regulation 12(4) of those Regulations. (L.N. 106 of 1995) (4) In this regulation, "probationary driving licence" (暂准驾驶执照) has the meaning assigned to it by regulation 2 of the Road Traffic (Driving Licences) Regulations (Cap 374 sub. leg.). (49 of 2000 s. 10) (Enacted 1991) Cap 374Q reg 12 Traffic confined to nearside lane (1) Subject to subregulations (1A) and (2), a driver of a motor vehicle on an expressway shall drive the vehicle only in the nearside lane of the carriageway of the expressway. (1A) (a) Where the nearside lane is designated as a bus lane a driver of a motor vehicle other than a permitted user shall during the prescribed time drive the vehicle only in the lane immediately to the right of the nearside lane. (b) In paragraph (a)- "permitted user" (许可使用者) and "prescribed time" (订明日期) have the meaning assigned to them by regulation 12(4) of the Road Traffic (Traffic Control) Regulations (Cap 374 sub. leg.).(2) Subregulations (1) and (1A) shall not apply- (a) where the vehicle is overtaking another vehicle or vehicles; or (b) where one or more traffic lanes merge with, or diverge from, other traffic lanes,but, in such a case, the driver shall, as soon as reasonably practicable and without prejudicing the safety of other users of the expressway, move the vehicle back to the nearside lane of the carriageway of the expressway or the lane immediately to the right of the nearside lane as the case may be. (Enacted 1991. L.N. 106 of 1995) Cap 374Q reg 13 Overtaking A driver of a motor vehicle on an expressway shall not, without reasonable excuse, overtake any other vehicle or vehicles on the nearside of the vehicle or vehicles being overtaken except that- (a) where there is a traffic sign indicating that the traffic lanes diverge, the overtaking vehicle and the vehicle or vehicles being overtaken are proceeding towards different carriageways of the divergence; or (b) the vehicle or vehicles being overtaken are stationary. (Enacted 1991) Cap 374Q reg 14 Power to place and vary traffic signs and road markings PART IV TRAFFIC SIGNS, ROAD MARKINGS AND ADVERTISEMENTS (1) The Commissioner may cause or, by permit in writing, (which permit shall be subject to such conditions as the Commissioner thinks fit and are specified therein) permit to be erected or placed on or near an expressway- (a) any traffic sign prescribed in Schedule 1; or (b) any road marking prescribed in Schedule 2.(2) The meaning of- (a) a traffic sign prescribed in Schedule 1; or (b) a road marking prescribed in Schedule 2,shall be in accordance with its content and the note relating to the Figure of that sign or marking in the respective Schedule. (3) The Commissioner may vary- (a) any figures or the direction of any arrow on any traffic sign prescribed in Schedule 1; or (b) any lines or the direction of any arrow on any road marking prescribed in Schedule 2,to adapt the sign or the marking, as the case may be, to the particular circumstances of an expressway. (4) The Commissioner may by the erection or placing of an appropriate sign revoke, amend or suspend the operation of any traffic sign erected or placed under subregulation (1). (5) The Commissioner of Police may by the erection or placing of an appropriate sign amend or temporarily suspend the operation of any traffic sign erected or placed under subregulation (1) for a period not exceeding 72 hours. (6) A traffic sign may, subject to subregulation (7), be of such material as will cause it to reflect light or be illuminated. (7) No reflecting material shall be applied to any black part of a traffic sign. (Enacted 1991) Cap 374Q reg 15 Prohibition of advertisements No person shall paint or affix or cause or permit to be painted or affixed any poster, placard, bill, advertisement or other similar matter on or over an expressway except with the written permission of the Commissioner. (Enacted 1991) Cap 374Q reg 16 Closure PART V CLOSURE AND DIVERSION (1) Where in the opinion of the Commissioner it is necessary to close an expressway or any part of it to all or any particular kind of traffic, he may close the expressway or part of it to such traffic for such period as he may think necessary. (2) A closure under subregulation (1) shall be indicated by a sign of the type shown in Figure No. 904 in Schedule 1 or a sign of the type shown in Figure No. 149 in Schedule 1 to the Road Traffic (Traffic Control) Regulations (Cap 374 sub. leg.) and a notice of such closure shall be published by the Commissioner as soon as reasonably practicable in the Gazette or in one issue of at least one English newspaper and one Chinese newspaper circulating in Hong Kong. (3) The closure of an expressway under subregulation (1) shall not apply to a vehicle in respect of which oral or written permission has been given by the Commissioner to use the closed expressway. (4) Subject to subregulation (3), no person shall drive a vehicle on an expressway closed under subregulation (1). (Enacted 1991) Cap 374Q reg 17 Diversion and temporary closure (1) The Commissioner or the Commissioner of Police may- (a) cause all traffic or any particular kind of traffic on an expressway to be diverted at any time; and (b) without publication of a notice under regulation 16(2), close an expressway or any part of it to all or any particular kind of traffic for any period not exceeding 72 hours.(2) No person shall drive a vehicle on an expressway in contravention of subregulation (1). (Enacted 1991) Cap 374Q reg 18 Expressway works permit PART VI EXPRESSWAY WORKS The Director may, on application made to him in writing containing such particulars as he may require for the purpose of this regulation, issue an expressway works permit to authorize the applicant to carry out any expressway works. (Enacted 1991) Cap 374Q reg 19 Provision of signs, markings and lanterns (1) The Director may direct that certain traffic signs, road markings or lanterns shall be provided and maintained by the Highways Department for the purpose of lighting, signing and guarding expressway works, and, in such a case, the person responsible shall pay to the Director such costs including reasonable administrative charges as the Director determines. (2) Such costs may be recoverable by the Director from the person responsible as a civil debt. (Enacted 1991) Cap 374Q reg 20 Persons and vehicles in connection with expressway works (1) Any person (other than a relevant person) who carries out expressway works and any vehicle used in connection therewith shall comply with the conditions specified in Schedule 3 in addition to any condition contained in the expressway works permit. (2) Any relevant person (within the meaning of section 125(7) of the Ordinance) who, without an expressway works permit, carries out any expressway works which comprise only inspections, investigations or surveys in respect of an expressway and any vehicle used in connection therewith shall comply with the conditions specified in Schedule 4. (3) The Director, the Commissioner or the Commissioner of Police may exempt any person or vehicle referred to in subregulation (1) or (2) from the conditions specified in Schedule 3 or 4. (Enacted 1991) Cap 374Q reg 21 Display of expressway works permit (1) Subject to subregulation (2), where an expressway works permit has been issued, the person responsible for the expressway works shall display the permit or a copy of the permit in some conspicuous place in, or in the vicinity of, the works area. (2) Subregulation (1) shall not apply where the expressway works are being carried out from, or by means of, a vehicle, but, in such a case, the driver of the vehicle shall have with him the permit or a copy of the permit and shall immediately produce it for inspection if so requested by the Director or a police officer in uniform. (Enacted 1991) Cap 374Q reg 22 General exemptions PART VII EXEMPTIONS These regulations shall not apply to a person- (a) engaged in the driving or stopping of any vehicle for fire services, ambulance, or police purposes if compliance with the regulations is likely to hinder the use of the vehicle for any of those purposes; or (b) complying with any direction given by a police officer in uniform. (Enacted 1991) Cap 374Q reg 23 Exemptions in connection with expressway works, inspection, breakdown, etc. (1) Regulation 4 shall not apply to- (a) a person or a vehicle carrying out expressway works in a works area under and in accordance with an expressway works permit; or (b) a relevant person or vehicle referred to in regulation 20(2).(2) Regulations 7, 9 and 10 shall not apply to - (a) a person or a vehicle carrying out expressway works in a works area under and in accordance with an expressway works permit; (b) a relevant person or vehicle referred to in regulation 20(2); (c) a person removing a vehicle from any part of the expressway; or (d) a person obtaining or giving help required as a result of an accident or in an emergency.(3) Regulations 8 and 11(2) shall not apply to any vehicle within a works area where the boundaries of the works area are marked or delineated to indicate that it is not open to general traffic. (Enacted 1991) Cap 374Q reg 24 Particular exemptions (1) The Commissioner may by notice in the Gazette- (a) authorize the use of any part of an expressway by any particular kind of traffic not otherwise permitted under regulation 4, 6 or 7 for such period and subject to such conditions as he may think necessary; or (b) suspend the application of any provision of regulation 9 to any part of an expressway for such period as he may think necessary.(2) Subject to subregulation (3), the Commissioner may, by notice in the Gazette, suspend the application of any provision of regulation 4, 7, 8 or 10 to any person or vehicle on any part of an expressway for such period as he may think necessary. (3) The Commissioner or the Commissioner of Police may at any time and without notice suspend the application of any provision of regulation 4, 7, 8 or 10 to any person or vehicle on any part of an expressway for a period not exceeding 72 hours. (Enacted 1991) Cap 374Q reg 25 Failure to comply with traffic signs and road markings PART VIII OFFENCES, PENALTIES AND SAVING Subject to regulation 22(a) or (b), no driver of a motor vehicle on an expressway shall fail to comply with the requirement indicated by- (a) a traffic sign of the type shown in any of the Figure Nos. 903 to 906 inclusive in Schedule 1; or (b) a road marking of the type shown in the Figure No. 952 in Schedule 2. (Enacted 1991) Cap 374Q reg 26 Offences and penalties (1) Any person who without reasonable excuse contravenes any of the provisions of, or any requirement imposed on him under, regulation 4(1), 5, 6, 7, 8, 9(1), (3) or (4), 10, 11(2), 12(1), 13, 15, 16(4), 17(2), 20(1) or (2) or 21(1) or 25 commits an offence and is liable on first conviction to a fine of $5000 and imprisonment for 3 months and on second or subsequent conviction to a fine of $10000 and imprisonment for 6 months. (2) For the purposes of subregulation (1), where a vehicle to which regulation 20(1) or (2) applies fails, without reasonable excuse, to comply with the conditions specified in Schedule 3 or Schedule 4, as the case may be, the driver of that vehicle commits an offence. (Enacted 1991) Cap 374Q reg 27 Saving for other enactments Unless otherwise provided in these regulations or another enactment, these regulations shall be in addition to, and shall not derogate from, the provisions of any other enactment relating to the regulation of road traffic or the use of vehicles or roads. (Enacted 1991) Cap 374Q reg 28 Amendment of Schedules PART IX MISCELLANEOUS The Secretary for the Environment, Transport and Works may, by order published in the Gazette, amend Schedule 1, 2, 3 or 4. (Enacted 1991. L.N. 106 of 2002) Cap 374Q reg 29 (Omitted as spent) (Omitted as spent) Cap 374Q Sched 1 TRAFFIC SIGNS [regulations 14, 16, 25 & 28] INFORMATORY FIGURE No. 901 START AND CONTINUATION OF AN EXPRESSWAY THIS SIGN INDICATES THE START AND CONTINUATION OF THE AREA WHERE THE PROHIBITIONS AND RESTRICTIONS IMPOSED BY PART XIV OF THE ROAD TRAFFIC ORDINANCE AND THE ROAD TRAFFIC (EXPRESSWAY) REGULATIONS APPLY. THE SIGN MAY BE USED ALONE OR IN CONJUNCTION WITH ANY OTHER SIGN. INFORMATORY FIGURE No. 902 END OF AN EXPRESSWAY THIS SIGN INDICATES THE END OF THE AREA WHERE THE PROHIBITIONS AND RESTRICTIONS IMPOSED BY PART XIV OF THE ROAD TRAFFIC ORDINANCE AND THE ROAD TRAFFIC (EXPRESSWAY) REGULATIONS APPLY. REGULATORY FIGURE No. 903 LANE SIGNAL THIS SIGN WHEN DISPLAYED ABOVE A TRAFFIC LANE INDICATES THAT VEHICLES MAY PROCEED OR CONTINUE TO DO SO IN THAT LANE BENEATH OR BEYOND THE SIGN AND IN THE DIRECTION OPPOSITE TO THAT IN WHICH THE SIGN FACES. REGULATORY FIGURE No. 904 LANE SIGNAL THIS SIGN WHEN DISPLAYED ABOVE A TRAFFIC LANE INDICATES THAT VEHICLES SHALL NOT PROCEED BENEATH OR BEYOND THE SIGN IN THAT LANE IN THE DIRECTION OPPOSITE TO THAT IN WHICH THE SIGN FACES. REGULATORY FIGURE No. 905 LANE SIGNAL PROCEED RIGHT OR KEEP RIGHT THE DIRECTION OF THE ARROW MAY BE REVERSED TO INDICATE- PROCEED LEFT OR KEEP LEFT THIS SIGN WHEN DISPLAYED ABOVE A TRAFFIC LANE INDICATES THAT VEHICLES MUST PROCEED OR KEEP TO THE LANE ON THE RIGHT-HAND SIDE (OR THE LEFT-HAND SIDE) OF THE LANE ABOVE WHICH THE SIGN IS DISPLAYED. REGULATORY FIGURE No. 906 LANE SIGNAL LEAVE EXPRESSWAY AT NEXT EXIT ON THE LEFT AHEAD THE DIRECTION OF THE ARROW MAY BE REVERSED TO INDICATE- LEAVE EXPRESSWAY AT NEXT EXIT ON THE RIGHT AHEAD THIS SIGN INDICATES THAT VEHICLES SHALL LEAVE THE EXPRESSWAY AT THE NEXT EXIT ON THE LEFT AHEAD (OR ON THE RIGHT AHEAD). Cap 374Q Sched 2 ROAD MARKINGS [regulations 2, 11, 14, 25 & 28] INFORMATORY FIGURE No. 951 LANE LINE MARKING LONGITUDINAL MARKING UNDER REGULATION 11 (3) TO INDICATE THAT THE TRAFFIC LANE TO THE LEFT OF THE MARKING VIEWED IN THE DIRECTION OF TRAVEL IS NOT PART OF THE MAIN CARRIAGEWAY. REGULATORY FIGURE No. 952 POLICE ONLY TO INDICATE TO VEHICULAR TRAFFIC A LAYBY OR SIMILAR AREA FOR USE BY POLICE VEHICLES ONLY. Cap 374Q Sched 3 CONDITIONS IN RESPECT OF PERSONS CARRYING OUT EXPRESSWAY WORKS AND VEHICLES USED IN CONNECTION THEREWITH [regulations 20 (1) & (3) & 28] 1. A person carrying out expressway works shall, at all times whilst on foot on any part of an expressway, wear a reflective jacket- (a) of a type approved by the Director; (b) bearing the name of the company or other organization (if any) in respect of which the expressway works permit has been issued; and (c) in such manner that it is not covered by any other garment. 2. A vehicle used in connection with those expressway works shall have- (a) as the main colour of the bodywork of the vehicle the colour yellow in accordance with No. 008 E51 in British Standard 5252F; (b) such flashing lanterns and warning signs of a type approved by the Commissioner or the Director and mounted in a prominent position on the vehicle, as the Commissioner or the Director may require; and (c) marked on the vehicle in 2 or more prominent positions on the sides of the vehicle in a contrasting colour the name of the company or other organization (if any) in respect of which the expressway works permit has been issued. Cap 374Q Sched 4 CONDITIONS IN RESPECT OF RELEVANT PERSONS CARRYING OUT EXPRESSWAY WORKS WHICH COMPRISE ONLY INSPECTIONS, INVESTIGATIONS OR SURVEYS AND VEHICLES USED IN CONNECTION THEREWITH [regulations 20(2) & (3) & 28] 1. A relevant person carrying out expressway works which comprise only inspections investigations or surveys shall, at all times whilst on foot on any part of an expressway, wear a reflective jacket- (a) of a type approved by the Director; and (b) in such manner that it is not covered by any other garment. 2. A vehicle used in connection with those expressway works shall have- (a) as the main colour of the bodywork of the vehicle the colour yellow in accordance with No. 008 E51 in British Standard 5252F; (b) such flashing lanterns and warning signs of a type approved by the Commissioner or the Director and mounted in a prominent position on the vehicle, as the Commissioner or the Director may require; and (c) displayed in a prominent position on the vehicle a sign bearing the name, device, symbol or description, approved by the Commissioner or the Director, of the government department, company or other organization (if any) using the vehicle. (Enacted 1991) Cap 374Q Sched 5 (Omitted as spent) (Omitted as spent)

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