(Cap 374 section 12A) [2 February 1987] (L.N. 161 of 1986) Cap 374N reg 1 Citation These regulations may be cited as the Road Traffic (Village Vehicles) Regulations. (Enacted 1986) Cap 374N reg 2 Interpretation In these regulations, unless the context otherwise requires- "permit" (许可证) means a permit issued under regulation 4 in respect of a village vehicle; "vehicle examiner" (验车主任) means a person appointed as a vehicle examiner under regulation 19. (Enacted 1986) Cap 374N reg 3 Application (1) Except as provided in subregulation (2) these regulations shall not apply to Government village vehicles. (2) Regulations 16 and 18 (except regulation 18 (1) and (2)) shall apply to and in relation to Government village vehicles and for the purpose of proceedings for an offence in connection with any such vehicle against any person other than the driver of the vehicle the person nominated in that behalf by the Government department in whose service the vehicle is used shall be deemed to be the person actually responsible unless it is shown to the satisfaction of the court or magistrate that only the driver was responsible. (Enacted 1986) Cap 374N reg 4 Application for and issue of permit (1) Subject to this regulation and to regulation 8 the Commissioner may issue a permit to the owner of a village vehicle authorizing the driving or use of the vehicle on roads. (2) An application for a permit shall be made by the owner of the vehicle to the Commissioner in the specified form. (3) An application for a permit shall include a certification by the owner of the vehicle that- (a) the overall length of the vehicle does not exceed 3.2 m; (b) the overall width of the vehicle does not exceed 1.2 m; (c) the vehicle is equipped with- (i) an adequate braking system capable of being applied when the vehicle is in motion for the purpose of stopping it, and of holding the vehicle immobile; (ii) a warning instrument capable of audibly signalling the approach and presence of the vehicle; and (iii) a silencer, expansion chamber or other device suitable and sufficient for reducing, as far as may be reasonable, the noise caused by the escape of exhaust gases from the engine; (L.N. 24 of 1989)(d) the vehicle is so constructed as to render it safe to carry any load that it may reasonably be required to carry; and (L.N. 24 of 1989) (e) in the case of a golf cart, it is so constructed as to render it safe to carry any passengers that it may reasonably be required to carry. (L.N. 24 of 1989)(4) An application for a permit shall be accompanied by a policy of insurance in respect of the vehicle in the name of the owner which is valid on the day on which the permit is to become operative. (5) For the purposes of subregulation (4) "policy of insurance" (保险单) means a policy of insurance, or a security, in respect of third party risks as required by the Motor Vehicles Insurance (Third Party Risks) Ordinance (Cap 272). (6) Without prejudice to the generality of the Commissioner's discretion under the Ordinance or these regulations, the Commissioner shall refuse to issue a permit in respect of a village vehicle if- (a) subregulations (2), (3) and (4) are not complied with in respect of the application; (b) the vehicle is found on examination not to be equipped or constructed in the manner specified by regulation 16(1).(7) Where the Commissioner refuses to issue a permit he shall give the owner of the vehicle notice in writing, either personally or by registered post, of his refusal and inform him of the reasons therefor. (Enacted 1986) Cap 374N reg 5 Form and particulars of permit A permit shall be in a form specified by the Commissioner and shall contain the particulars prescribed in Schedule 1. (Enacted 1986) Cap 374N reg 6 Duplicate permit The Commissioner may, where a permit is lost, defaced or destroyed, issue a duplicate permit in place thereof, and the duplicate permit so issued shall have the same effect as the original permit. (Enacted 1986) Cap 374N reg 7 Fees for permit The fees prescribed in Schedule 2 shall be payable upon the issue of a permit and a duplicate permit. (Enacted 1986) Cap 374N reg 8 Limit on number of permits (1) The Commissioner may limit the number of permits which will at any time be issued by him either generally or by reference to one or both of the following- (a) the type of village vehicle; or (b) any area of Hong Kong.(2) Notice of a limit imposed under subregulation (1) shall be published in the Gazette. (3) A limit imposed under subregulation (1) shall not affect any permit in force when the limit takes effect. (Enacted 1986) Cap 374N reg 9 Permit subject to conditions (1) Every permit issued in respect of a village vehicle shall be subject to a condition that the owner and the driver of the vehicle shall at all times comply with the Ordinance and these regulations. (2) A permit issued in respect of a village vehicle may be issued subject to such other conditions as the Commissioner thinks fit and as are specified by him in the permit including, without limiting the generality of the foregoing, conditions as to- (a) the size, weight and shape of any load which may be carried on the vehicle; (b) the safety precautions to be taken in securing a load on the vehicle; (c) the roads on which the vehicle may or may not be driven or used; (d) the times and days during which the vehicle may or may not be driven or used; (e) the place where the vehicle will be kept when not being driven or used; (f) the construction of the vehicle and its equipment; (g) in the case of a golf cart, the maximum number of passengers which may be carried on the vehicle. (L.N. 24 of 1989)(3) The Commissioner may at any time add to, vary or revoke any conditions specified by him under subregulation (2) and shall specify any new or varied conditions on the permit. (Enacted 1986) Cap 374N reg 10 Validity of permit A permit issued in respect of a village vehicle ceases to be valid- (a) upon the expiry of one year less one day after the date of its issue or last renewal, as the case may be, unless renewed under regulation 11; (b) if the owner of the vehicle transfers or otherwise parts with or disposes of the vehicle to any other person; (c) if the vehicle is abandoned or destroyed; or (d) if the permit is cancelled under regulation 12. (Enacted 1986) Cap 374N reg 11 Renewal of permit (1) Subject to subregulations (2) and (3) the Commissioner may, upon application to him by the owner in the specified form, renew a valid permit in respect of a village vehicle. (2) Regulation 4(3), (4), (5), (6) and (7) shall apply to an application to renew a permit as they apply to an application for a permit under that regulation. (3) Without prejudice to subregulation (2), the Commissioner may refuse to renew a permit if the owner or driver of the village vehicle has, since the permit was issued or was last renewed, as the case may be- (a) been convicted of an offence under the Ordinance or these regulations in respect of the vehicle; or (b) contravened any condition of the permit, whether or not any person has been prosecuted for the contravention.(4) The fees prescribed in Schedule 2 shall be payable on the renewal of a permit. (Enacted 1986) Cap 374N reg 12 Cancellation of permit (1) The Commissioner may cancel a permit issued in respect of a village vehicle if- (a) the owner or driver of the vehicle- (i) is convicted of an offence under the Ordinance or these regulations in respect of the vehicle; or (ii) contravenes a condition of the permit, whether or not any person is prosecuted for the contravention; or(b) the vehicle is found on examination not to be equipped or constructed in the manner specified by regulation 16(1).(2) Notice in writing of the cancellation of a permit shall be served, either personally or by registered post, on the owner of the vehicle, and the notice shall require the return of the permit forthwith to the Commissioner. (3) An owner who, without reasonable excuse, fails to comply with a notice served on him under subregulation (2) commits an offence and is liable to a fine of $1000. (Enacted 1986) Cap 374N reg 13 Notification of change of ownership (1) The owner of a village vehicle in respect of which a permit has been issued shall, if- (a) he transfers or otherwise parts with or disposes of the vehicle to any other person; or (b) the vehicle is abandoned or destroyed,within 7 days thereafter inform the Commissioner, giving such details as the Commissioner may specify, and shall at the same time return the permit to the Commissioner. (2) An owner who, without reasonable excuse, contravenes subregulation (1) commits an offence and is liable to a fine of $1000. (Enacted 1986) Cap 374N reg 14 Permit to be produced (1) The driver of a village vehicle being used or driven on a road shall- (a) carry with him the permit issued in respect of the vehicle; and (b) produce the permit forthwith for inspection when so requested by the Commissioner or a police officer.(2) Without prejudice to subregulation (1), the owner of a village vehicle in respect of which a permit is issued shall produce the permit for inspection, when so requested by the Commissioner or a police officer, as soon as it is reasonably practicable to do so. (3) A driver or owner who, without reasonable excuse, contravenes subregulation (1) or (2), commits an offence and is liable to a fine of $1000. (Enacted 1986) Cap 374N reg 15 Display of permit number (1) Subject to subregulation (2), the number of the permit issued in respect of a village vehicle shall be painted in a conspicuous position on the body of the vehicle in such a manner as to be, and to remain at all times, clearly legible. (2) Where a permit ceases to be valid under regulation 10 the number of the permit shall forthwith be removed from the body of the vehicle. (3) Where subregulation (1) or (2) is contravened in respect of a village vehicle, the owner of the vehicle commits an offence and is liable to a fine of $1000. (Enacted 1986) Cap 374N reg 16 Equipment to be fitted on vehicles (1) A village vehicle shall at all times when being used or driven on a road- (a) be equipped with- (i) an adequate braking system capable of being applied when the vehicle is in motion for the purpose of stopping it, and of holding the vehicle immobile; (ii) a warning instrument capable of audibly signalling the approach and presence of the vehicle; and (iii) a silencer, expansion chamber or other device suitable and sufficient for reducing, as far as may be reasonable, the noise caused by the escape of exhaust gases from the engine; (L.N. 24 of 1989)(b) be so constructed as to render it safe to carry any load that it may be reasonably required to carry; and (L.N. 24 of 1989) (c) in the case of a golf cart, be so constructed as to render it safe to carry any passengers that it may reasonably be required to carry. (L.N. 24 of 1989)(2) Where subregulation (1) is contravened the owner and the driver of the vehicle each commits an offence and is liable to a fine of $2000 and to imprisonment for 3 months. (Enacted 1986) Cap 374N reg 17 Alteration to vehicle (1) No material alteration in- (a) the design or construction; or (b) the equipment specified in regulation 16(1),of a village vehicle in respect of which a permit is issued shall be made without the written permission of the Commissioner. (2) Where subregulation (1) is contravened the owner of the vehicle commits an offence and is liable to a fine of $2000 and to imprisonment for 3 months. (Enacted 1986) Cap 374N reg 18 Restrictions on vehicle use (1) No person shall drive or use a village vehicle on a road unless there is a valid permit issued in respect of the vehicle. (2) No person shall drive or use a village vehicle on a road in contravention of any condition of the permit issued in respect of the vehicle. (3) No person shall without the written permission of the Commissioner drive or use a village vehicle on a road if the load carried by the vehicle- (a) overhangs the front, rear or sides of the vehicle; or (b) exceeds in height the length or width of the vehicle, whichever is the less.(4) No person shall drive or use a village vehicle on a road while the vehicle is carrying- (a) in the case of a driver operated village vehicle, any passenger; or (b) in the case of a pedestrian controlled village vehicle, any person.(5) No person shall drive or use a village vehicle on a road during the hours of darkness unless there are showing lighted lamps at the front and rear of the vehicle. (6) For the purposes of subregulation (5) "hours of darkness" (黑夜时间) means the time between a quarter of an hour after sunset and a quarter of an hour before sunrise. (7) No person shall drive or use a village vehicle on a road if he is under the age of 18 years. (7A) No person shall drive a village vehicle which is a golf cart on a restricted road unless he is- (L.N. 290 of 2000) (a) the holder of a driving licence, other than a learner's driving licence as defined in regulation 2 of the Road Traffic (Driving Licences) Regulations (Cap 374 sub. leg.); or (L.N. 290 of 2000) (b) a person who may drive in Hong Kong by virtue of regulation 37 of the Road Traffic (Driving Licences) Regulations (Cap 374 sub. leg.). (L.N. 24 of 1989)(7B) For the purposes of subregulation (7A), "restricted road" (限制车辆使用的道路) means any road specified in Schedule 3. (L.N. 24 of 1989; L.N. 290 of 2000) (7C) (Repealed L.N. 290 of 2000) (8) Any person who- (a) contravenes any provision of this regulation; or (b) being the owner of a village vehicle, suffers or permits any such contravention in respect of the vehicle,commits an offence and is liable to a fine of $2000 and to imprisonment for 3 months. (Enacted 1986) Cap 374N reg 19 Vehicle examiners The Commissioner shall appoint persons to be vehicle examiners for the purposes of these regulations. (Enacted 1986) Cap 374N reg 20 Examination of vehicles (1) The Commissioner may at any time require the production for examination by a vehicle examiner of all village vehicles, or some or any of them, in such place and at such time as he may specify by notice in writing served personally or by registered post on the owner or each of the owners, as the case may be. (2) Without prejudice to subregulation (1), a vehicle examiner or a police officer may at any time require the owner or driver of a village vehicle to produce the vehicle for examination by a vehicle examiner at such time and place as he may specify. (3) The purpose of an examination referred to in subregulations (1) and (2) shall be to ascertain whether a village vehicle complies with these regulations and any conditions of the permit issued in respect of the vehicle. (4) A vehicle produced at any place pursuant to a requirement under this regulation may be detained for a period not exceeding- (a) 24 hours in the case of a requirement under subregulation (1); or (b) 6 hours in the case of a requirement under subregulation (2),while the vehicle is examined. (Enacted 1986) Cap 374N reg 21 Powers of a vehicle examiner In carrying out an examination of a village vehicle for the purposes of these regulations, a vehicle examiner may- (a) carry out or cause to be carried out such inspection, examination or test of the vehicle, any part of the vehicle, any accessory fixed to the vehicle or any equipment or part of the equipment of the vehicle as he thinks fit; (b) weigh the vehicle or any load on the vehicle; and (c) photograph the vehicle. (Enacted 1986) Cap 374N reg 22 Examination of vehicle on a road and removal to Police station (1) Without prejudice to regulation 20, a police officer may examine a village vehicle which is being used on a road for the purpose of ascertaining whether the vehicle is safe for such use. (2) Where as the result of an examination under subregulation (1) the police officer has reason to believe that the village vehicle is unsafe for use on a road, he may- (a) direct the driver of the vehicle to drive it to such police station or other place as he may specify; and (b) cause the vehicle to be detained at that police station or place for not more than 48 hours while the vehicle is examined by a vehicle examiner.(3) A person who fails to comply with the directions of a police officer under subregulation (2) commits an offence and is liable to a fine of $2000 and to imprisonment for 3 months. (Enacted 1986) Cap 374N reg 23 Copies of permit to be received in evidence For the purpose of any proceedings under the Ordinance or these regulations, a document purporting to be a copy of a permit and of any conditions specified in the permit certified by or on behalf of the Commissioner to be a true copy shall be received in evidence in those proceedings upon its production without further proof and, until the contrary is proved, it shall be presumed that- (a) the document- (i) is a true copy of the permit and of any conditions specified in the permit; and (ii) was certified by or on behalf of the Commissioner; and(b) the permit was issued to the person stated therein and is subject to the specified conditions. (Enacted 1986) Cap 374N reg 24 Exemptions The Commissioner may, in writing, exempt any person or class of persons, or any village vehicle or type of village vehicle from the application of all or any of these regulations. (Enacted 1986) Cap 374N reg 25 Forms The Commissioner may specify any form required for the purposes of these regulations. (Enacted 1986) Cap 374N reg 26 (Spent) (Spent) Cap 374N Sched 1 PARTICULARS TO BE CONTAINED IN A PERMIT [regulation 5] Name of vehicle owner Address of vehicle owner Type of vehicle Permit number Date of expiry Permit conditions (Enacted 1986) Cap 374N Sched 2 PERMIT FEES [regulations 7 & 11] 1. Upon the issue or renewal of a permit for driver operatedvillage vehicle $250 2. Upon the issue or renewal of a permit for a pedestrian controlled village vehicle $250 2A. Upon the issue or renewal of a permit for a golf cart (L.N. 24 of 1989) $250 3. For a duplicate permit $70 (L.N. 301 of 1990; L.N. 268 of 1994; L.N. 202 of 1995; L.N. 526 of 1996) Cap 374N Sched 3 RESTRICTED ROADS [regulation 18]Capeland Drive, Discovery Bay Caperidge Drive, Discovery Bay Capevale Drive, Discovery Bay Costa Avenue, Discovery Bay Discovery Bay Road, Discovery Bay Discovery Valley Road, Discovery Bay Headland Drive, Discovery Bay Marina Drive, Discovery Bay Middle Lane, Discovery Bay Parkland Drive, Discovery Bay Parkridge Crescent, Discovery Bay Parkvale Drive, Discovery Bay Plaza Lane, Discovery Bay Seabee Lane, Discovery Bay Seabird Lane, Discovery Bay Seahorse Lane, Discovery Bay Serene Avenue, Discovery Bay Vista Avenue, Discovery Bay (Schedule 3 added L.N. 290 of 2000)
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