(Cap 374 section 12) [25 August 1984] L.N. 299 of 1984 (L.N. 288 of 1983) Cap 374C reg 1 Citation PART I INTRODUCTION These regulations may be cited as the Road Traffic (Parking) Regulations. Cap 374C reg 2 Interpretation (1) In these regulations, unless the context otherwise requires- "approved card" (认可卡) means a card or other similar device approved for the time being by the Commissioner pursuant to regulation 12A; (L.N. 252 of 1991) "attendant" (看顾人) means a person appointed to be an attendant at a car park by the person in whom the management of the car park is vested; "car park" (停车场) means a place designated by the Commissioner as a car park in accordance with regulation 14; "card operated parking meter" (储值卡停车收费表) means a parking meter which receives and indicates or indicates payment of a parking fee by or on the insertion or other use of a parking card or an approved card; (LN 252 of 1991; L.N. 45 of 2000) "cleaner's permit" (清洁车辆许可证) means a permit to clean vehicles in a car park, issued in accordance with regulation 24; "coin operated parking meter" (硬币停车收费表) means a parking meter which receives and indicates payment of a parking fee by or on the insertion of coins; (L.N. 252 of 1991) "disabled person's parking permit" (伤残人士泊车证可证) means a permit issued to a disabled person under regulation 27A or renewed under regulation 27B; (L.N. 29 of 1993) "displayed" (展示) with respect to a monthly pass means displayed in the manner described in paragraph 5 of Schedule 4; "monthly pass" (月票) means a pass for the use of a car park issued in accordance with regulation 22; "parking" (泊车、停泊) , subject to subregulation (2), means the standing of a vehicle, whether occupied or not, except when standing temporarily for the purpose of and while actually engaged in loading or unloading or picking up or setting down passengers; "parking place" (泊车处) means a place designated by the Commissioner in accordance with regulation 5 as a place where vehicles may be parked; "parking space" (泊车位) means a space in a parking place indicated by lines or other marks for the accommodation of one vehicle; "pay and display parking space" (凭票车车位) means any parking space within a parking place designated under regulation 5(2A); (L.N. 252 of 1991) "ticket" (停车票) means a car park ticket issued in accordance with regulation 21; "warning instrument" (警报器具) means any instrument fitted to or carried on or in a vehicle for audibly signalling its approach or presence. (2) Notwithstanding the definition of "parking" (泊车、停泊) in subregulation (1), a vehicle shall not be deemed to be parked for the purpose of these regulations where it is prevented from proceeding by breakdown or other circumstances beyond the driver's control, and all reasonable steps are taken to minimize any obstruction and effect the removal of the vehicle as soon as possible. (3) The meaning of every traffic sign and road marking erected or placed under these regulations shall be in accordance with the traffic signs and road markings and the notes relating thereto specified in Schedule 1. (L.N. 252 of 1991; 34 of 1993 s. 7) Cap 374C reg 3 Application to State Remarks: Adaptation amendments retroactively made - see 3 of 2002 s. 15 (1) These regulations shall apply to vehicles and persons in the public service of the State 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 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. (2) No fee shall be payable for the use of a car park by a vehicle owned by and in the public service of the Government. (3 of 2002 s. 15) Cap 374C reg 4 Parking prohibitions PART II GENERAL RESTRICTIONS ON PARKING (1) Subject to subregulation (6), no person shall park a vehicle on any road on which there is a system of street lighting furnished by means of lamps not more than 200 m apart other than in a parking place: Provided that if in any proceedings for a contravention of this subregulation it is proved to the satisfaction of the court or magistrate that there is a system of street lighting on a road, the system of street lighting shall be presumed to be furnished by means of lamps not more than 200 m apart unless the contrary is proved. (2) The Commissioner may restrict the use of any road for parking by the erection or placing of traffic signs or the placing of road markings in accordance with Figure Nos. 6, 7, 8, 9, 10, 11 and 12 in Schedule 1. (3) Subject to subregulation (6), no person shall park a vehicle- (a) on any road in contravention of any traffic sign or road marking erected or placed in accordance with subregulation (2); or (b) so as to cause an obstruction.(4) Subject to subregulation (6), no person shall park a vehicle- (a) on a pavement, pedestrian way, central reservation, verge, hard shoulder or traffic island; (b) so as to obstruct vehicular access to or from premises adjacent to the carriageway; or (c) so as to obstruct access to a fire hydrant from the carriageway.(5) Any person who contravenes subregulation (1), (3) or (4) commits an offence and is liable to a fine of $2000: Provided that it shall be a defence to a prosecution in respect of a contravention of subregulation (4)(a) to prove that the vehicle was so parked that no danger and no actual obstruction was caused or was likely to be caused by it. (6) Subregulations (1), (3) and (4) shall not apply to a motor vehicle. Cap 374C reg 5 Designation of parking places (1) The Commissioner may designate any place on a road or any place to which vehicles have access as a parking place by means of road markings in accordance with Figure Nos. 13, 14 and 15 in Schedule 1. (2) The Commissioner may by the use of the appropriate traffic signs in accordance with the Figures shown in Schedule 1 indicate that a parking space within a parking place may be used- (a) for vehicles of a particular class or type; (b) at particular times; or (c) on particular days.(2A) The Commissioner may, by the use of a traffic sign in accordance with Figure No. 19 shown in Schedule 1, designate any parking place as a parking place for the use of which payment shall be made by means of a display ticket. (L.N. 252 of 1991) (3) The Commissioner or the operator of a parking meter subject to such terms and conditions as may be imposed by the Commissioner may amend, suspend or cancel any designation under subregulation (1)- (L.N. 61 of 1994) (a) by covering any traffic sign; (b) in the case of a metered parking space, by covering the parking meter with a bag showing the Figure set out as Figure No. 6 in Schedule 1; (c) by the erection or placing of the traffic sign shown in Figure No. 7 in Schedule 1; or (d) by the removal of any traffic sign.(4) Subject to subregulation (7), no person shall park a vehicle in a parking place contrary to any traffic sign or road marking, shown in Schedule 1, erected or placed in or near such parking place. (5) Subject to subregulation (7), no person shall park a vehicle in any parking place the designation of which is suspended or cancelled under subregulation (3). (6) Any person who contravenes subregulation (4) or (5) commits an offence and is liable to a fine of $2000. (7) Subregulations (4) and (5) shall not apply to a motor vehicle. Cap 374C reg 6 Temporary parking arrangements by Commissioner of Police (1) The Commissioner of Police may in respect of a period not exceeding 72 hours, by means of traffic signs of such type and description as he considers appropriate, designate any place on any road as a temporary parking place and may appropriate the use of such temporary parking place to any particular class or type of vehicle. (2) The Commissioner of Police may in respect of any period not exceeding 72 hours, amend or suspend any designation made under regulation 5- (a) by covering any traffic sign; (b) in the case of a metered parking space, by covering the parking meter with a bag showing the Figure set out as Figure No. 6 in Schedule 1; (c) by the erection or placing of the traffic sign shown in Figure No. 7 in Schedule 1; or (d) by the removal of any traffic sign.(3) Subject to subregulation (6), no person shall park a vehicle in a temporary parking place designated by the Commissioner of Police contrary to any traffic sign lawfully erected or placed in or near such temporary parking place. (4) Subject to subregulation (6), no person shall park a vehicle in any parking place the designation of which is suspended under subregulation (2). (L.N. 260 of 1984) (5) Any person who contravenes subregulation (3) or (4) commits an offence and is liable to a fine of $2000. (6) Subregulations (3) and (4) shall not apply to a motor vehicle. Cap 374C reg 7 Parking of trailers Any person who parks a trailer on any road, other than in a parking place designated for that purpose, unless the trailer is accompanied by and attached to a motor vehicle capable of drawing the trailer, commits an offence and is liable to a fine of $2000. Cap 374C reg 8 Maximum period of parking Any person who parks a vehicle in a parking place for a continuous period of more than 24 hours commits an offence and is liable to a fine of $2000. Cap 374C reg 9 Leaving vehicle in dangerous position Any person who causes or permits a vehicle to remain at rest on a road in such a position or in such condition or in such circumstances as to be likely to cause danger to other persons using the road commits an offence and is liable to a fine of $2000. Cap 374C reg 10 Exemptions from restrictions Nothing in regulation 4 or 5 or 6 shall apply- (a) so as to restrict the use of any vehicle in connection with- (i) the removal of any obstruction to traffic; (ii) the maintenance, improvement or reconstruction of any road as authorized by the Director of Highways; or (iii) the erection, alteration or repair in or near any road of any sewer or any main, pipe or apparatus for the supply of gas, water or electricity or of any telephone wires, cable posts or supports, if compliance with those regulations would cause unreasonable inconvenience in the use of the vehicle for such purpose;(b) to vehicles used for fire service, ambulance or police purposes; (c) to vehicles used for the conveyance of public mail, or vehicles used by the armed forces of the Crown when any such vehicles are being used as a matter of urgent necessity; or (d) to anything done with the permission of a police officer:Provided that no vehicle shall remain parked under paragraphs (a), (b) and (c) for any longer period than may be necessary for such purpose. Cap 374C reg 11 Erection of parking meters, etc. Remarks: Amendments retroactively made - see 29 of 1998 s. 105 PART III PARKING METERS AND PAY AND DISPLAY MACHINES (1) The Commissioner may cause to be erected on any Government land or at any parking place- (29 of 1998 s. 105) (a) card operated or coin operated parking meters; or (b) pay and display machines,for the purpose of charging for the use of such parking places for the parking of motor vehicles. (2) The Commissioner may cause to be erected any traffic sign in accordance with- (a) Figure No. 17 in Schedule 1 at any place where a coin operated parking meter; (b) Figure No. 18 in Schedule 1 at any place where a card operated parking meter; (c) Figure No. 19 in Schedule 1 at any place where a pay and display machine,is erected under subregulation (1). (3) The fees specified in column 2 of Parts 1 and 2 of Schedule 2 shall be the maximum fees that may be charged- (a) for the use of any parking space in a parking place, or parking space in respect of which there is erected a parking apparatus of the description specified in column 3; and (b) for the period specified opposite each such description in column 4,of Parts 1 and 2 respectively of that Schedule. (4) Every parking meter or pay and display machine shall bear a plate or other device showing, in English and Chinese- (a) the period during which a charge is made for the use of a parking space- (i) in respect of which the parking meter; or (ii) in the parking place in respect of which the pay and display machine, as the case may be, is erected;(b) the parking fee payable for the use of the parking space and the period of time to which such fee relates; and (c) in the case of- (i) a coin operated parking meter, the denominations of the coins for its operation determined under regulation 12B; (ii) a card operated parking meter, whether it is to be operated by a parking card only or by either a parking card or an approved card and the directions or conditions for using the parking card or the approved card, as the case may be, in payment of the parking fee; and (iii) a pay and display machine- (A) the denominations of coins or bank notes for its operation determined under regulation 12B; and (B) that a parking card or, where applicable, an approved card may be used for obtaining a display ticket and the manner in which it may be so used.(5) Every automatic vending machine shall bear a plate or other device showing, in English and Chinese- (a) the denominations of coins for its operation determined under regulation 12B(a); and (b) where applicable, that an approved card may be used for its operation and the directions and conditions for its use determined under regulation 12B(b). (L.N. 252 of 1991) Cap 374C reg 12 Parking cards (1) The Commissioner may- (a) issue parking cards; (b) authorize in writing any person to issue parking cards on his behalf; (c) arrange for parking cards to be issued by means of an automatic vending machine erected for such purpose; or (d) determine the value or values for which parking cards are to be issued under this regulation.(2) There shall be charged for the issue of a parking card a sum equal to the value for which such parking card is issued. (3) A parking card issued under this regulation shall at all times be the property of the Government. (4) A parking card shall be issued subject to the conditions specified in Schedule 5. (5) The Secretary for the Environment, Transport and Works may by order published in the Gazette amend Schedule 5. (L.N. 106 of 2002) (6) Subject to subregulation (7), the Commissioner may at his discretion and without incurring any liability for any loss or damage, if any, caused thereby- (a) suspend or discontinue the issue of parking cards; (b) cancel any parking card that has been issued; or (c) require the return of any parking card that has been issued.(7) Where a parking card is cancelled or returned pursuant to subregulation (6) and the Commissioner is satisfied that the parking card has not been altered, defaced or damaged in any manner, he shall- (a) refund an amount equal to the value encoded on the parking card at the time of such cancellation or return; or (b) issue another card in replacement of such card,to the person to whom the parking card was issued or to any person authorized on his behalf. (8) Where a person is issued with a defective parking card he or any person authorized by him may surrender it to the Commissioner or to any person authorized by the Commissioner and apply for a refund or replacement of that card. (9) Where an application is made under subregulation (8), the Commissioner or any person authorized by him may, subject to subregulation (10), refund to such applicant an amount equal to the value encoded on the parking card at the time of surrender or issue a parking card in replacement of the surrendered card. (10) the Commissioner or any person authorized by him may refuse a refund or a replacement if he has reason to believe that the parking card has been altered, defaced or damaged after its issue. (11) The amount encoded on a parking card as its value at any particular time shall be prima facie evidence of the value of the parking card at that time. (L.N. 252 of 1991) Cap 374C reg 12A Approved cards The Commissioner may by notice published in the Gazette- (a) approve any card or other similar device- (i) not being a card or other device issued by him or on his behalf or authorized or arranged to be issued by him; and (ii) which he considers appropriate, for use in payment of a parking fee in conjunction with a parking meter or a pay and display machine, specified under paragraph (b) or for the operation of an automatic vending machine;(b) specify with reference to class, construction, location or otherwise, any parking meter, pay and display machine or automatic vending machine for the purposes of paragraph (a). (L.N. 252 of 1991) Cap 374C reg 12B Specification of coins and conditions for operating parking apparatus The Commissioner shall determine- (a) the denominations of coins or bank notes to be used in the operation of a coin operated parking meter, a pay and display machine or an automatic vending machine; and (b) directions or conditions relating to the use of- (i) a parking card or an approved card in payment of a parking fee or to obtain a display ticket; and (ii) an approved card to operate an automatic vending machine. (L.N. 252 of 1991) Cap 374C reg 12C Parking of vehicle other than motor vehicle Any person who parks any vehicle other than a motor vehicle in- (a) a parking space in respect of which there is a parking meter; or (b) a pay and display parking space,commits an offence and is liable to a fine of $2000. (L.N. 252 of 1991) Cap 374C reg 12D Offences relating to parking cards and display tickets (1) Any person who without lawful authority or reasonable excuse- (a) interferes with a parking card so that any information encoded therein is erased wholly or in part or the parking card is otherwise altered or damaged; (b) uses or attempts to use, for the purpose of operating a card operated parking meter or a pay and display machine, a parking card or an approved card which has been interfered with, altered or damaged; or (c) fails to return a parking card on being required to do so under regulation 12(6)(c),commits an offence and is liable to a fine of $500. (2) Any person who without lawful authority or reasonable excuse- (a) alters, defaces, damages or otherwise interferes with a display ticket displayed on a motor vehicle; (b) uses or attempts to use, for indicating payment of a parking fee, a display ticket which has been altered, defaced, damaged or otherwise interfered with; (c) removes any display ticket displayed on a motor vehicle parked in a pay and display parking space; or (d) after having displayed a display ticket on a particular motor vehicle for the purpose of indicating payment of a parking fee, uses or permits or causes the same display ticket to be used by any other person or in respect of any other motor vehicle,commits an offence and is liable to a fine of $500. (L.N. 252 of 1991) Cap 374C reg 13 Interfering with parking apparatus Any person who without lawful authority- (a) interferes with a parking meter, a pay and display machine or an automatic vending machine; (b) impedes or prevents the operation of any apparatus referred to in paragraph (a); (c) operates or attempts to operate- (i) a coin operated parking meter, by the insertion of any object other than the appropriate coin; (ii) a card operated parking meter, other than by the use of a parking card or, where applicable, an approved card; (iii) a pay and display machine, by the insertion of any object other than the appropriate coin, bank note, parking card or, where applicable, approved card; or (iv) an automatic vending machine, by the insertion of any object other than the appropriate coin or bank note determined under regulation 12B or, where applicable, an approved card;(d) removes any money from any apparatus referred to in paragraph (a); or (e) is in possession of any object designed or adapted for interfering with the apparatus referred to in paragraph (a),commits an offence and is liable to a fine of $5000 and to imprisonment for 3 months. (L.N. 252 of 1991) Cap 374C reg 14 Designation of car parks PART IV CAR PARKS (1) The Commissioner may by notice published in the Gazette designate any place as a car park and in such notice may limit the use of such car park or any part thereof to any particular class or type of motor vehicle, and by notice published in the Gazette may revoke or amend any such designation. (2) The Commissioner may by notice published in the Gazette limit the hours during which motor vehicles or any particular class or type of motor vehicle may enter or use a car park. Cap 374C reg 15 Temporary closure of car parks (1) The Commissioner may by notice published in the Gazette temporarily close any car park or any part of a car park and in such notice may in his discretion designate the use to which the car park may be put during such temporary closure. (2) Where a car park has been closed under subregulation (1) for any period exceeding 48 hours the holder of a monthly pass that is valid for that car park only for the month in which such closure occurs may apply for and be granted by the Commissioner a proportionate refund of the monthly pass fee. (3) Any refund of a monthly pass fee which has not been applied for within 6 months after the expiry of the monthly pass shall be irrecoverable. Cap 374C reg 16 Signs at car parks (1) The Commissioner shall cause to be erected or placed at, in and outside every car park such traffic signs as he deems necessary for the regulation of parking therein and in particular traffic signs indicating the place where motor vehicles may enter the car park and the class or type of motor vehicle which may be parked in the car park. (2) The Commissioner shall cause every car park to be divided up in such manner as he considers necessary into spaces for the accommodation of vehicles and may reserve any such spaces for any particular class or type of motor vehicle or category of user. Cap 374C reg 17 Management of car parks (1) On the designation of a car park under regulation 14 the Secretary for the Environment, Transport and Works may direct that the management of the car park shall be- (L.N. 106 of 2002) (a) vested in the Commissioner who shall be responsible for the collection of all fees payable for the use of the car park; (b) put up for public tender and vested in such person as the Commissioner shall decide in accordance with subregulation (3); or (c) vested in such other person as the Secretary for the Environment, Transport and Works may direct. (89 of 1994 s. 27; L.N. 106 of 2002)(2) All fees collected for the use of car parks vested in the Commissioner shall be paid into the general revenue. (3) If in accordance with subregulation (1)(b) the Secretary for the Environment, Transport and Works directs that the management of a car park shall be put up for public tender the Commissioner may vest the management of the car park in any person tendering for such upon such terms and conditions as the Commissioner shall consider appropriate. (89 of 1994 s. 27; L.N. 106 of 2002) (4) The Commissioner may make rules providing for the management and control of any car park, and such rules may include matters relating to- (a) the employment of attendants; (b) the duties of attendants and other employees; (c) uniforms; (d) identification and discipline of staff; (e) registers to be maintained; (f) records to be kept; (g) maintenance and use of equipment; (h) issue of cleaner's permits. Cap 374C reg 18 Attendants (1) In the case of a car park managed by the Commissioner every attendant shall- (a) be appointed by the Commissioner; (b) wear such uniform and display such badge as may be specified by the Commissioner; and (c) carry such evidence of his appointment as shall be specified by the Commissioner.(2) In the case of a car park where the management is vested in accordance with regulation 17(1)(b) or (c) every attendant shall- (a) be appointed by the person in whom management is vested; (b) wear such uniform as may be approved by the Commissioner; and (c) carry such evidence of his appointment as shall be specified by the Commissioner. Cap 374C reg 19 Powers of attendants An attendant may do any of the following things, namely- (a) give directions to the driver of any vehicle in a car park for the purpose of regulating parking and the flow of traffic therein; (b) prohibit a vehicle from being driven into a car park if the driving of the vehicle into the car park would contravene these regulations or any traffic sign lawfully erected or placed at, in or outside the car park; (c) prohibit a vehicle from being driven out of a car park if- (i) the vehicle is not displaying or the driver does not produce a valid monthly pass; and (ii) the driver does not pay the prescribed fee and surrender any ticket;(d) require any person in a car park to give his name and address; (e) order any unauthorized person to leave a car park. Cap 374C reg 20 Car park fees The fees for the use of a car park shall be the fees specified in Schedule 3. Cap 374C reg 21 Tickets (1) On entry into a car park the driver of a vehicle may, unless he produces or the vehicle is displaying a valid monthly pass, be issued with such ticket as the Commissioner may specify. (2) The driver of every vehicle using a car park shall pay for the use of the car park the appropriate fee specified in Schedule 3 and, subject to subregulation (3), surrender any ticket issued in respect of that use before the vehicle is removed from the car park, unless he produces or displays a valid monthly pass. (3) Where any ticket issued in respect of the use of a car park has been lost, destroyed or accidentally defaced or cannot for any reason be surrendered in accordance with subregulation (2), the person who intends to remove the vehicle from the car park may remove the vehicle if he satisfies an attendant that such a ticket was issued to him or that he is authorized to remove such vehicle by the person to whom such ticket was issued, and pays the appropriate fee for a replacement ticket as prescribed in paragraph 9 of Schedule 3 before the vehicle is removed from the car park. Cap 374C reg 22 Monthly passes (1) A monthly pass for a motor vehicle for the use of a car park may be issued on payment of the fee prescribed in Schedule 3 and subject to the conditions set out in Schedule 4. (L.N. 260 of 1984) (2) The driver of every vehicle using a car park by virtue of a monthly pass shall produce or display such monthly pass when the vehicle enters or is removed from the car park. (3) Where a motor vehicle is permitted to enter a car park during the currency of a monthly pass and the pass expires before the removal of the vehicle then, unless a new monthly pass is issued, the person who intends to remove the vehicle from the car park shall pay the appropriate hourly fee for the period since the expiry of the monthly pass before the vehicle is removed from the car park. (4) Where a monthly pass has been lost, destroyed or accidentally defaced or cannot for any reason be displayed or produced in accordance with these regulations, a duplicate pass, which shall have the same effect as the original monthly pass, may be issued to the person to whom the original monthly pass was issued, upon payment of the fee prescribed by paragraph 7 of Schedule 3. (5) The Commissioner may by notice published in the Gazette do either or both of the following- (a) specify the number of monthly passes which may be issued in respect of any car park or category of car parks; (b) prohibit the issue of a monthly pass in respect of any car park or category of car parks or for any particular class or type of motor vehicle. Cap 374C reg 23 Removal of vehicle on payment of fees (1) Where a parking fee in respect of the use of a car park by a motor vehicle is paid under regulation 21 or 22(3) the motor vehicle shall be removed from the car park as soon as reasonably practicable thereafter and in any case within 15 minutes after any time of departure marked on the ticket relating thereto. (2) If the vehicle is not removed in accordance with subregulation (1) an additional fee at the appropriate rate plus $2 per hour or part thereof in excess of such period of 15 minutes shall be paid. (L.N. 260 of 1984) Cap 374C reg 24 Cleaning of vehicles in a car park (1) Subject to any rules made under regulation 17(4), the person in whom the management of a car park is vested under regulation 17 may subject to such conditions as he may see fit to impose, issue to an applicant a cleaner's permit in a form approved by the Commissioner, authorizing the holder to clean vehicles in a car park. (2) The fee for the issue of a cleaner's permit shall be $45. (L.N. 298 of 1990; L.N. 265 of 1994; L.N. 199 of 1995; L.N. 523 of 1996; L.N. 27 of 1998; L.N. 140 of 1998) (3) Subject to subregulation (4), a cleaner's permit shall be valid for a period of 1 year from the date of issue. (4) A cleaner's permit may be revoked for any breach of its conditions or upon the conviction of the holder for an offence under regulation 25(2). Cap 374C reg 25 Offences in relation to car parks (1) No driver in a car park shall- (a) fail to obey any lawful direction given by an attendant; (b) drive a vehicle into or out of a car park in contravention of a prohibition lawfully imposed by an attendant; (c) drive or park a motor vehicle in contravention of any traffic sign or road marking erected or placed at, in or outside any car park for the direction or regulation of motor vehicles; (d) park a motor vehicle in such manner that the motor vehicle unnecessarily projects over any line or other mark which delineates a parking space; (e) remove the vehicle from the car park without paying the appropriate fee in respect of the vehicle or displaying or producing a valid monthly pass for the vehicle; (f) leave a vehicle in the car park for a continuous period of more than 7 days; (g) allow a vehicle to remain in the car park by virtue of a monthly pass unless the monthly pass in respect of the vehicle is displayed; (h) leave in the car park a vehicle in respect of which a displayed monthly pass has expired; (i) park a vehicle in the car park in contravention of any limitation imposed in a designation made under regulation 14(1) or in contravention of any limitation imposed under regulation 14(2); (j) park a vehicle in any car park or part thereof that has been closed under regulation 15; or (k) bring a vehicle carrying dangerous goods, to which the Dangerous Goods Ordinance (Cap 295) applies, into the car park.(2) No person in a car park shall- (a) smoke; (b) fail to leave the car park as soon as reasonably practicable after the car in which he has been travelling has been parked; (c) remain in the car park after he has been lawfully ordered to leave by an attendant; (d) fail to give his name and address to an attendant when requested to do so; (e) when required to give his name and address by an attendant give a false name or address or omit a material particular therein; (f) without reasonable excuse sound any warning instrument; or (g) clean a motor vehicle, unless he is the owner or driver of the vehicle or is in possession of a valid cleaner's permit.(3) Any person who contravenes any of the provisions of this regulation commits an offence and is liable to a fine of $2000. Cap 374C reg 26 Mutilated, defaced or altered tickets Any person who without lawful authority or excuse- (a) mutilates, defaces or alters any ticket; or (b) is in possession of any ticket which is mutilated, defaced or altered,commits an offence and is liable to a fine of $500. Cap 374C reg 27 Repair of vehicles on roads PART V MISCELLANEOUS (1) No person shall carry out or cause or permit to be carried out on a vehicle on a road any maintenance, repair or other works or leave or cause or permit any vehicle to be left on a road for the purpose of carrying out any such maintenance, repair or other works: Provided that it shall be a good defence in any proceedings for a contravention of this regulation to prove that such maintenance, repair or other works were necessary to enable the vehicle to be removed without undue delay. (2) In any proceedings for a contravention of subregulation (1) the owner of the vehicle and any employer of any person alleged to have carried out the maintenance, repair or other works shall be presumed to have caused or permitted the works to be carried out unless he proves that the maintenance, repair or other works were carried out without his authority, consent or knowledge and that the contravention did not arise from want of due care and attention on his part. (3) Any person who contravenes subregulation (1) commits an offence and is liable to a fine of $5000. Cap 374C reg 27A Application for and issue of disabled person's parking permits (1) A disabled person who wishes to obtain a disabled person's parking permit shall deliver to the Commissioner an application in a form approved by the Commissioner, signed by the applicant, together with the originals or copies of- (a) a full driving licence or a learner's driving licence held by him in respect of a private car, motor cycle or motor tricycle; (b) the registration document of a private car, motor cycle or motor tricycle of which- (i) he is the registered owner; or (ii) his spouse is the registered owner if his spouse is also a disabled person;(c) a document issued by the Commissioner indicating that the private car, motor cycle or motor tricycle has been examined and is suitable for the applicant's use; (d) such other documents as are required for the purpose of this regulation and specified in the application form relating to the applicant and the private car, motor cycle or motor tricycle. (34 of 1993 s. 8)(2) Where the Commissioner is not satisfied with the copy of any document referred to in subregulation (1), he may require the applicant to produce the original. (3) On receipt of an application and the required documents under subregulation (1) the Commissioner shall issue a disabled person's parking permit to the applicant and may impose such conditions that the Commissioner thinks fit. (4) A disabled person's parking permit issued under subregulation (3) is valid in respect of the private car, motor cycle or motor tricycle specified in the permit for the period specified in it by the Commissioner and may be renewed on application. (L.N. 53 of 1993) (5) If the holder of a disabled person's parking permit satisfies the Commissioner that the permit has been lost, destroyed or defaced, the Commissioner may, on receipt of an application, issue a replacement permit. (6) On the issue of a replacement permit in accordance with subregulation (5), the original permit ceases to be valid. (7) No fee is payable in respect of a disabled person's parking permit or a replacement for it. (L.N. 29 of 1993) Cap 374C reg 27B Renewal of disabled person's parking permits (1) The Commissioner shall renew a disabled person's parking permit on receipt of an application in a form approved by the Commissioner, made to him within the 4 months before the expiration of the permit and signed by the applicant, together with the originals or copies of- (a) a full driving licence or a learner's driving licence held by him in respect of a private car, motor cycle or motor tricycle; (b) the registration document of a private car, motor cycle or motor tricycle of which- (i) he is the registered owner; or (ii) his spouse is the registered owner if his spouse is also a disabled person;(c) a document issued by the Commissioner indicating that the private car, motor cycle or motor tricycle has been examined and is suitable for the applicant's use; (d) such other documents as are required for the purpose of this regulation and specified in the application form relating to the applicant and the private car, motor cycle or motor tricycle. (34 of 1993 s. 9)(2) Where the Commissioner is not satisfied with the copy of any document referred to in subregulation (1), he may require the applicant to produce the original. (L.N. 29 of 1993) Cap 374C reg 27C Cancellation of or refusal to renew disabled person's parking permits The Commissioner may cancel or refuse to renew a disabled person's parking permit for breach or contravention of any provision of these regulations or any condition of the permit and the Commissioner shall notify the holder of the permit of such cancellation or refusal in writing. (L.N. 29 of 1993) Cap 374C reg 27D Duties of the holder of a disabled person's parking permit Remarks: Adaptation amendments retroactively made - see 3 of 2002 s. 15 (1) The holder of a disabled person's parking permit shall display the permit, in the case of a motor cycle or a motor tricycle, in a conspicuous place on the front and in the case of a private car, on the nearside of the windscreen so that the permit is clearly visible from the front. (34 of 1993 s. 10) (2) The disabled person's parking permit shall be produced for inspection upon demand by the Commissioner, a police officer or a traffic warden. (3) A disabled person's parking permit is the property of the Government and shall be surrendered to the Commissioner within 3 days of the receipt from the Commissioner of the notice of cancellation or refusal of renewal of the permit. (3 of 2002 s. 15) (4) A holder of a disabled person's parking permit who without reasonable excuse fails to comply with the requirement under subregulation (3) commits an offence and is liable to a fine of $2000. (L.N. 29 of 1993) Cap 374C reg 28 Limitation of liability The exercise by the Commissioner of his functions under regulations 5 and 14, the exercise by the operator of his functions under regulation 5(3) or the exercise by the Commissioner of Police of his functions under regulation 6 shall not render any of them subject to any liability in respect of the loss of or damage to any vehicle in a parking place or car park or the contents of any such vehicle. (L.N. 61 of 1994) Cap 374C reg 29 Revocation and savings (1) The following regulations are revoked- (a) the Road Traffic (Parking and Waiting) Regulations (Cap 220 sub. leg.); (b) the Road Traffic (Temporary Car Parks) Regulations (Cap 220 sub. leg.).(2) Without limiting any provision of the Interpretation and General Clauses Ordinance (Cap 1)- (a) insofar as any designation, appointment, vesting, limitation or other thing made, notified, approved, prescribed or done under the Road Traffic (Parking and Waiting) Regulations (Cap 220 sub. leg.) could have been made, notified, approved, prescribed or done under a corresponding provision of these regulations it shall not be invalidated by the revocation effected by subregulation (1) but shall, insofar as it is subsisting or in force at the commencement of these regulations, have effect as if made, notified, approved, prescribed or done under that corresponding provisions; (b) any temporary car park designated under the Road Traffic (Temporary Car Parks) Regulations (Cap 220 sub. leg.) and subsisting as such at the commencement of these regulations shall be deemed as from the commencement of these regulations to have been designated as a car park under regulation 14 of these regulations; (c) in so far as any limitation, vesting, appointment, or other thing notified, made, approved, prescribed or done in respect of any temporary car park under the Road Traffic (Temporary Car Parks) Regulations (Cap 220 sub. leg.) could have been notified, made, approved, prescribed or done in respect of a car park under a corresponding provision of these regulations it shall be deemed, so far as it is subsisting or in force at the commencement of these regulations, to have been notified, made, approved, prescribed or done in respect of the car park under that corresponding provision; (d) every sign, symbol or signal (other than a No Waiting sign, symbol or signal), parking meter, plate on a parking meter, road marking, monthly pass, ticket, replacement ticket, cleaner's permit or register erected, placed, affixed, made, issued or kept under the revoked regulations and subsisting or in force immediately before the commencement of these regulations shall be deemed to be a traffic sign, parking meter, plate on a parking meter, road marking, monthly pass, ticket, replacement ticket, cleaner's permit or register erected, placed, affixed, made, issued or kept under these regulations; (L.N. 260 of 1984) (e) a sign in accordance with diagram 1 in the First Schedule to the Road Traffic (Parking and Waiting) Regulations (Cap 220 sub. leg.) shall be deemed to be a traffic sign in Figure No. 1 in Schedule 1 to these regulations and where that sign is qualified by a notice attached to the post on which the sign is mounted, the parking place or parking space is to be used only in accordance with that notice. (L.N. 260 of 1984) Cap 374C Sched 1 FIGURES [regulations 2, 4, 5, 6 & 11] (All measurements shown in the Figures are given in millimetres) FIGURE NO. 1 PARKING FOR VEHICLES OTHER THAN MEDIUM AND HEAVY GOODS VEHICLES, BUSES, MOTOR CYCLES AND PEDAL CYCLES THIS SIGN INDICATES THAT WHEN USED IN CONJUNCTION WITH THE ROAD MARKING IN FIGURE NO.14 OR 15 OR BOTH, THE PARKING PLACE OR PARKING SPACE IS FOR VEHICLES OTHER THAN MEDIUM AND HEAVY GOODS VEHICLES, BUSES, MOTOR CYCLES AND PEDAL CYCLES. FIGURE NO.2 PARKING FOR GOODS VEHICLES THIS SIGN INDICATES THAT WHEN USED IN CONJUNCTION WITH THE ROAD MARKING IN FIGURE NO.14 OR 15 OR BOTH, THE PARKING PLACE OR PARKING SPACE IS FOR GOODS VEHICLES ONLY. FIGURE NO.3 PARKING FOR BUSES THIS SIGN INDICATES THAT WHEN USED IN CONJUNCTION WITH THE ROAD MARKING IN FIGURE NO.14 OR 15 OR BOTH, THE PARKING PLACE OR PARKING SPACE IS FOR BUSES ONLY. FIGURE NO.4 PARKING PLACE FOR MOTOR CYCLES THIS SIGN INDICATES THAT WHEN USED IN CONJUNCTION WITH THE ROAD MARKING IN FIGURE NO.13 THE PARKING PLACE IS FOR MOTOR CYCLES ONLY. FIGURE NO.5 PARKING PLACE FOR PEDAL CYCLES THIS SIGN INDICATES THAT WHEN USED IN CONJUNCTION WITH THE ROAD MARKING IN FIGURE NO.14 OR 15 OR BOTH, THE PARKING PLACE OR PARKING SPACE IS FOR PEDAL CYCLES ONLY. FIGURE NO.6 NO PARKING THIS SIGN INDICATES THAT ON THE SIDE OF THE ROAD WHERE IT IS DISPLAYED, PARKING IS PROHIBITED. IT MAY BE USED WITH THE SIGNS IN FIGURE NOS. 9 AND 10 TO INDICATE THE DIRECTION IN WHICH THE RESTRICTION APPLIES AND WITH THE SIGN IN FIGURE NO.8 TO INDICATE THE PERIOD FOR WHICH IT APPLES. FIGURE NO.7 TEMPORARY NO PARKING SIGN THIS SIGN INDICATES THAT ON THE SIDE OF THE ROAD WHERE IT IS DISPLAYED. PARKING IS TEMPORARILY PROHIBITED. HE SIGN MAY BE USED WITHOUT THE ARROWS OR WITH AN ARROW POINTING IN ONLY ONE DIRECTION. FIGURE NO.8 TIME PLATE THIS PLATE INDICATES THE PERIOD OF TIME OR DAYS FOR WHICH PARKING IS PROHIBITED OR PERMITTED. IT MAY BE USED IN CONJUNCTION WITH FIGURE NOS. 6 AND 7 TO INDICATE THE PERIOD OF TIME OR DAYS DURING WHICH THE RESTRICTION ON PARKING APPLIES OR USED IN CONJUNCTION WITH FIGURE NOS.1,2,3,4 OR 5 TO INDICATE THE PERIOD OF TIME OR DAYS WHEN PARKING IS PERMITTED. THE WORDING MAY BE VARIED TO SPECIFY ANY PERIOD OF TIME OR ANY DAY OR DAYS. FIGURE NO.9 ARROW PLATE THIS PLATE IS FOR USE WITH THE SIGN IN FIGURE NO.6 TO INDICATE THE DIRECTION IN WHICH THE RESTRICTION ON PARKING APPLIES. THE ARROW MAY BE REVERSED TO INDICATE A RESTRICTION IN THE OTHER DIRECTION. FIGURE NO.10 ARROW PLATE THIS PLATE IS FOR USE WITH THE SIGN IN FIGURE NO.6 TO INDICATE THE RESTRICTION ON PARKING APPLIES IN BOTH DIRECTIONS. FIGURE NO.11 NO PARKING THIS ROAD MARKING IS USED TO INDICATE A SECTION OF ROAD, WHETHER OR NOT IT IS USED IN CONJUNCTION WITH FIGURE NO.6, WHERE THE PARKING OF VEHICLES IS PROHIBITED. FIGURE NO.12 NO PARKING THIS ROAD MARKING IS USED TO INDICATE THAT THE PARKING OF VEHICLES IS PROHIBITED ON THE AREA SHOWN BY THE YELLOW HATCHED MARKINGS. FIGURE NO.13 MOTOR CYCLE PARKING PLACES THIS ROAD MARKING IS USED TO INDICATE PARKING PLACES FOR MOTOR CYCLES ONLY SUBJECT TO SUCH CONDITIONS, IF ANY, AS MAY BE IN FORCE AS INDICATED BY RELEVANT SIGNS IN THE VICINITY. FIGURE NO.14 ROAD MARKINGS FOR PARKING PLACES THIS ROAD MARKING IS USED TO INDICATE PARKING PLACES FOR VEHICLES SUBJECT TO SUCH CONDITIONS, IF ANY, AS MAY BE IN FORCE. FIGURE NO.15 ROAD MARKINGS FOR PARKING PLACES THIS ROAD MARKING IS USED TO INDICATE PARKING PLACES FOR VEHICLES, SUBJECT TO SUCH CONDITIONS, IF ANY, AS MAY BE IN FORCE AS INDICATED BY RELEVANT SIGNS IN THE VICINITY. FIGURE NO.16 PARKING FOR SPECIAL VEHICLES THIS SIGN INDICATES THAT WHEN USED IN CONJUNCTION WITH THE ROAD MARKING IN FIGURE NOS. 14 OR 15 THE PARKING PLACE OR PARKING SPACE MAY BE USED ONLY BY THE VEHICLES INDICATED ON THE SIGN. THE WORDING MAY BE VARIED TO SPECIFY ANY PARTICULAR TYPE OR CLASS OF VEHICLE. FIGURE NO.17 TIME PLATE THIS PLATE MAY BE USED IN CONJUNCTION WITH FIGURE NOS. 1, 2 OR 3 TO ADVISE THAT A FEE MUST BE INSERTED IN THE PARKING METER ERECTED ADJACENT TO THE PARKING SPACES DURING THE TIMES INDICATED. THE WORDING MAY BE CHANGED TO SPECIFY ANY PERIOD OF TIME AND ANY SYSTEM OF CHARGING THAT IS IN EFFECT AT THESE PARKING SPACES, OR TO SPECIFY A NEW OR ADDITIONAL TELEPHONE NUMBER. (L.N. 252 of 1991) FIGURE NO.18 TIME PLATE THIS PLATE MAY BE USED IN CONJUNCTION WITH FIGURE NOS. 1, 2 OR 3 TO ADVISE THAT A PARKING CARD OR AN APPROVED CARD MUST BE USED TO OPERATE THE PARKING METER ERECTED ADJACENT TO THE PARKING SPACES DURING THE TIMES INDICATED. THE WORDING MAY BE CHANGED TO SPECIFY ANY PERIOD OF TIME AND ANY SYSTEM OF CHARGING THAT IS IN EFFECT AT THESE PARKING SPACES, OR TO SPECIFY A NEW OR ADDITIONAL TELEPHONE NUMBER. (L.N. 252 of 1991; L.N. 45 of 2000) FIGURE NO.19 PAY & DISPLAY THIS PLATE MAY BE USED IN CONJUNCTION WITH FIGURE NOS. 1, 2 OR 3 TO ADVISE THAT PAYMENT MUST BE MADE BY PURCHASING A DISPLAY TICKET AND DISPLAYING THE TICKET. THE PLATE MAY ALSO BE USED ALONE TO INDICATE ANY PLACE WHERE A PAY AND DISPLAY MACHINE IS ERECTED. (L.N. 252 of 1991) FIGURE NO. 20 SUPPLEMENTARY PLATE THIS PLATE MAY BE USED WITH THE SIGNS IN FIGURE NOS. 1 AND 2 TO INDICATE THAT WHEN USED IN CONJUNCTION WITH THE ROAD MARKING IN FIGURE NO. 14 OR 15 OR BOTH, THE PARKING PLACE OR PARKING SPACE IS FOR PRIVATE CARS ONLY. THE WORDS " Private cars " AND THE CHARACTERS " 私家车 " MAY BE VARIED TO ACCORD WITH THE SPECIFIED TYPES OR CLASSES OF VEHICLE PERMITTED TO PARK IN THE PARKING PLACE OR PARKING SPACE. (L.N. 38 of 1997) Cap 374C Sched 2 [regulation 11] PART 1 MAXIMUM FEES FOR USE OF METERED PARKING SPACES Item Fee Parking Apparatus Period 1. $2.00 1/2 hour parking meter each 15 minutes 2. $2.00 1 hour parking meter each 15 minutes 3. $2.00 2 hour parking meter each 15 minutes PART 2 MAXIMUM FEES FOR USE OF PAY AND DISPLAY PARKING SPACES Item Fee Parking Apparatus Period 1. $2.00 1/2 hour pay and display machine each 15 minutes 2. $2.00 1 hour pay and display machine each 15 minutes 3. $2.00 2 hour pay and display machine each 15 minutes (L.N. 252 of 1991; L.N. 514 of 1994; L.N. 90 of 1999 and 44 of 1999 s. 41) Cap 374C Sched 3 FEES FOR USE OF CAR PARKS [regulations 20, 21 & 22] 1-5. (Repealed L.N. 304 of 1989) 5A. (Repealed L.N. 220 of 1988) 6. (1) Where a vehicle is in a car park during a specified period and is not removed therefrom until after the commencement of the specified period following thereon, the fee for any one hour or part thereof which is partly within the earlier specified period and partly within the later specified period shall, if the fees set forth in the Table for the two specified periods differ, be the higher of such fees. (2) In subparagraph (1), "specified period" (指明时段) means any period of use of a car park specified in the Table appropriate to that car park. (L.N. 220 of 1988) 7. A duplicate monthly pass for any car park may be issued for a fee of $10. 8. The minimum fee for use of any car park for any one occasion shall be the appropriate fee for 1 hour. 9. (1) Where a ticket has been lost, destroyed or accidentally defaced or cannot for any reason be surrendered the person who intends to remove the motor vehicle from a car park shall pay a fee for a replacement ticket calculated at the appropriate hourly rate for the period during which the vehicle has remained in the car park. (2) For the purpose of calculating the fee referred to in subparagraph (1)- (a) it shall be deemed that the vehicle has remained in the car park since the time it entered the car park, as shown on the ticket stub retained in the car park; or (b) where registers are kept at the car park- (i) if the registration mark of such vehicle does not appear in the register at the commencement of such period, it shall be deemed that such vehicle has remained in the car park since the commencement of such period; (ii) if the registration mark of such vehicle does appear in the registert at the commencement of such period, but not in the register at the commencement of the period immediately preceding such period, it shall be deemed that such vehicle has remained in the car park since the commencement of the earlier period; or (iii) if the registration mark of such vehicle does appear in the register at the commencement of such period and of one or more periods immediately preceding such period, it shall be deemed that such vehicle has remained in the car park since the commencement of the period before the first of such preceding periods. Cap 374C Sched 4 CONDITIONS FOR ISSUE OF MONTHLY PASSES [regulations 2(1) & 22(1)] 1. Subject to any specification or prohibition under regulation 22(5), the person in whom the management of a car park is vested may issue to an applicant a monthly pass in such form as shall be approved in writing by the Commissioner. 2. Subject to regulation 25(1)(f), a monthly pass shall entitle the driver of such motor vehicle as is described in the monthly pass to park that motor vehicle, at any time during the currency of the monthly pass, in such car parks as are set forth in the monthly pass or in respect of which the pass is valid if space is available in any such car park for the, due parking of the motor vehicle. 3 The issue of a monthly pass shall not provide any guarantee that parking space for the motor vehicle shall be available in any of the car parks set forth in the monthly pass, or in respect of which the pass is valid, or in any particular car park. 4 A monthly pass shall be valid ofr a period not exceeding 1 calendar month,expiring on the last day of a month. 5 The driver of a motor vehicle shall cause the monthly pass in respect thereof to be displayed on the vehicle's windscreen in such a manner that it does not obstruct his field of vision but is clearly visible from the front of the vehicle at all times when the motor vehicle is in a car park by virtue of such monthly pass: Provided that in the case of a motor cycle, a motor tricycle, an invalid carriage and of any other vehicle not provided with a fixed windscreen, the monthly pass may be displayed in a conspicuous position on the right-hand side of the vehicle in front of the driving seat and not less than 1 m nor more than 2 m from ground level so as to be clearly visible from the front. 6 On the application of a person, to whom a monthly pass has been issued, made while such monthly pass is still in force, together with payment of a fee of $10, the person in whom the management of the car park is vested in accordance with the provisions of regulation 17, may amend the monthly pass to enable it to be used in respect of the motor vehicle mentioned in the application instead of the motor vehicle in respect of which the monthly pass had been issued. Cap 374C Sched 5 CONDITIONS FOR ISSUE OF PARKING CARDS [regulation 12] 1. The Commissioner or any authorized person issuing a parking card on his.behalf shall not be liable for any error or omission not drawn to the.attention of the person issuing at the time of issue. Accordingly, any.person purchasing a parking card should examine the parking card and.the change, if any, tendered before leaving the place where the card is.issued. 2. Where a parking card is issued through an automatic vending machine no refund will be made of any amount in excess of the charge for that card inserted into the machine. 3. The issue of a parking card shall not provide any guarantee that a parking space for the motor vehicle shall be available in any of the parking places designated under these regulations. (L.N. 252 of 1991)
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