(Cap 374, sections 5 and 8) [25 August 1984] L.N. 298 of 1984 (L.N. 287 of 1983) Cap 374B reg 1 Citation PART I PRELIMINARY These regulations may be cited as the Road Traffic (Driving Licences) Regulations. Cap 374B reg 2 Interpretation Remarks: Adaptation amendments retroactively made - see 3 of 2002 s. 15 In these regulations, unless the context otherwise requires- "applicant" (申请人) means a person who has applied for a driving licence, driving test, motor cycle driving test, driving instructor's licence or permit under these regulations, as the case may be, or for renewal of a driving licence or driving instructor's licence; (L.N. 273 of 1989) "articulated vehicle" (挂接式车辆) has the meaning assigned to it by regulation 2 of the Road Traffic (Construction and Maintenance of Vehicles) Regulations (Cap 374 sub. leg.); "authorized examiner" (经授权牌主任) means a person appointed under regulation 29(1) to be an authorized examiner for the purpose of conducting driving tests; "class" (种类), when used in relation to a motor vehicle in connection with any matter relating to a driving licence, driving test, driving instructor's licence or permit, means a class of motor vehicle specified in regulation 5; "1926 Convention" (1926年国际公约) and "1949 Convention" (1949年国际公约) have the meanings assigned to them by regulation 2 of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap 374 sub. leg.); (L.N. 259 of 1984) "driving instructor" (驾驶教师) means a person who is the holder of a valid driving instructor's licence; "driving instructor's licence" (驾驶教师执照) means a driving instructor's licence issued under regulation 22; "driving instructor's test" (驾驶教师的测验) means a test referred to in regulation 24; "driving test" (驾驶测验) means a test of competence to drive a motor vehicle (other than a motor cycle and a motor tricycle) conducted in accordance with regulations 32 and 33; (L.N. 273 of 1989) "full driving licence" (正式驾驶执照) means a driving licence other than a learner's driving licence, temporary driving licence, probationary driving licence or a driving licence to drive Government vehicles; (49 of 2000 s. 3) "Government vehicle" (政府车辆) means a vehicle owned by the Government; "group" (组别), in relation to a driving instructor's licence, means a group of motor vehicles specified in regulation 20A; (L.N. 161 of 2000) "identity document" (身分证明文件) has the meaning assigned to it by regulation 2 of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap 374 sub. leg.); "international driving permit" (国际驾驶许可证) means an international driving permit in Form 1 or 2 of the Ninth Schedule issued under the authority of a country or place which is a party to the 1926 Convention, or the 1949 Convention, or an international driving permit issued under regulation 36; (L.N. 259 of 1984; 3 of 2002 s. 15) "learner driver" (学习驾驶人士) means a person who is the holder of a valid learner's driving licence; "learner's driving licence" (学习驾驶执照) means a learner's driving licence issued under regulation 12 or 12A; (L.N. 273 of 1989) "licence holder" (执照持有人) means a person to whom a driving licence or driving instructor's licence has been issued under these regulations so long as such licence remains in force; "motor cycle driving test" (电单车驾驶测验) means a test of competence to drive a motor cycle or a motor tricycle conducted in accordance with regulation 12C; (L.N. 273 of 1989) "permit" (许可证) means an international driving permit; "photograph" (照片) means a photograph in accordance with regulation 43(2); "private driving instructor" (私人驾驶教师) means a driving instructor whose driving instructor's licence is not subject to a condition imposed under regulation 22(1A); (L.N. 97 of 2001) "private driving instructor's licence" (私人驾驶教师执照) means the driving instructor's licence of a private driving instructor; (L.N. 97 of 2001) "probationary driving licence" (暂准驾驶执照) means a driving licence to drive a motor cycle or motor tricycle issued under regulation 12G; (49 of 2000 s. 3) "probationary driving period" (暂准驾驶期) means the probationary driving period provided for in regulation 12F; (49 of 2000 s. 3) "restricted driving instructor" (受限制驾驶教师) means a driving instructor whose driving instructor's licence is subject to a condition imposed under regulation 22(1A); (L.N. 97 of 2001) "rigid vehicle" (整体式车辆) has the meaning assigned to it by regulation 2 of the Road Traffic (Construction and Maintenance of Vehicles) Regulations (Cap 374 sub. leg.); "temporary driving licence" (临时驾驶执照) means a temporary driving licence issued under regulation 13; "visitor" (到港人士) has the meaning assigned to it by regulation 2 of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap 374 sub. leg.). (34 of 1993 s. 3) Cap 374B reg 3 Exemptions Remarks: Amendments retroactively made - see 23 of 1998 s. 2 The Chief Secretary for Administration in his discretion may waive any of these regulations in respect of the driver of a motor vehicle which is the property of a government other than the Government of the Hong Kong Special Administrative Region temporarily brought into Hong Kong for the use of an accredited representative of such government. (L.N. 362 of 1997; 23 of 1998 s. 2) Cap 374B reg 4 Application to State Remarks: Adaptation amendments retroactively made - see 3 of 2002 s. 15 (1) Subject to paragraph (2), these regulations shall apply to persons in the public service of the State in the same manner as Parts V, VII, VIII and XII of the Ordinance are applied under section 3(1) of the Ordinance to persons in the public service of the State. (3 of 2002 s. 15) (2) These regulations shall not apply to- (a) any member of Her Majesty's forces; (b) any member of a civilian component of Her Majesty's forces; (c) any person who is employed by Her Majesty's forces; or (d) any person who is attached to Her Majesty's forces,when he is driving a vehicle belonging to the Crown in the course of his duties. Cap 374B reg 5 Classification of motor vehicles for issue of driving licences PART II DRIVING LICENCES For the purpose of the issue of driving licences, motor vehicles shall be divided into the following classes- (a) private cars; (b) taxis; (c) public light buses and private light buses; (d) public buses and private buses; (e) light goods vehicles; (f) medium goods vehicles; (g) heavy goods vehicles; (ga) articulated vehicles; (L.N. 259 of 1984) (h) special purpose vehicles; (i) motor cycles; (L.N. 273 of 1989) (ia) motor tricycles; (L.N. 273 of 1989) (j) invalid carriages; (k) Government vehicles. (L.N. 259 of 1984) Cap 374B reg 6 Restrictions on issue of driving licences Without prejudice to the Ordinance or any other provision of these regulations, the Commissioner shall not issue or renew a driving licence to a person- (a) who is the holder of another driving licence issued in Hong Kong, other than a temporary driving licence, whether such other driving licence is suspended or not; (b) who is disqualified. Cap 374B reg 7 Age limits (1) A driving licence entitling the holder thereof to drive- (a) a private car; (b) a light goods vehicle; (c) a motor cycle; (d) a motor tricycle; or (e) an invalid carriage,shall not be issued to a person under the age of 18 years. (L.N. 273 of 1989) (2) A driving licence entitling the holder thereof to drive a motor vehicle of a class other than any class specified in paragraph (1) shall not be issued to a person under the age of 21 years. Cap 374B reg 8 Previous experience and driving record (1) Subject to paragraph (4), a person shall not be eligible for a full driving licence to drive- (a) a taxi; (b) a public light bus or private light bus; (c) a public bus or private bus; (d) a medium goods vehicle; (e) a heavy goods vehicle; or (f) a special purpose vehicle,unless, at the date of his application for such licence- (i) he is the holder of a valid full driving licence to drive a private car or light goods vehicle and, unless exempted by the Commissioner in writing, has held such a licence for at least 3 years immediately preceding his application; and (ii) he has passed the appropriate driving test.(2) Subject to paragraph (4), a person shall not be eligible for a full driving licence to drive an articulated vehicle unless- (a) he is the holder of a valid full driving licence to drive a medium goods vehicle or heavy goods vehicle; and (L.N. 259 of 1984) (b) he has passed the appropriate driving test.(3) A person shall not be eligible for a full driving licence to drive a motor vehicle referred to in paragraph (1) or (2) if he has been convicted of an offence under section 36 or 39 of the Ordinance during the 5 years immediately preceding his application. (4) The Commissioner may in his discretion take into consideration driving experience gained other than under a driving licence issued in Hong Kong. Cap 374B reg 9 Physical fitness (1) On application for a driving licence or renewal thereof, the applicant shall make a declaration in the application form as to whether or not he is suffering from any disease or physical disability specified in the First Schedule, or any other disease or physical disability which would be liable to cause the driving by him of a motor vehicle of such class as he would be authorized to drive by the licence for which he is applying to be a source of danger to the public. (2) If, from the declaration in the application form, it appears to the Commissioner that the applicant is suffering from any disease or physical disability referred to in paragraph (1), the Commissioner shall refuse to issue or renew the driving licence: Provided that- (a) a driving licence limited to driving an invalid carriage may be granted or renewed if the Commissioner is satisfied that the applicant is fit to drive an invalid carriage; (b) the applicant may, except in the case of any disease or physical disability specified in the First Schedule, claim to be subjected to a test specified by the Commissioner as to his fitness or ability to drive a motor vehicle of any such class as he would be authorized by the driving licence to drive, and if the applicant passes the test the driving licence shall not be refused by reason only of the declared disease or physical disability but may, if the test proves the applicant's fitness to drive only a motor vehicle of a particular construction or design, be limited to the driving of a vehicle of such construction or design.(2A) Without prejudice to paragraph (2), a holder of a valid driving licence who suffers from- (a) any disease or physical disability specified in the First Schedule; or (b) any disease or physical disability- (i) not being a disease or physical disability specified in the First Schedule; and (ii) which is liable to cause the driving by him of a motor vehicle (being a motor vehicle of any such class as he is authorized by the driving licence to drive) to be a source of danger to the public,from which he did not suffer at the time when the issue or renewal (as the case may be) of the licence was applied for shall, after he becomes aware of such disease or disability, forthwith give notice in writing of such fact to the Commissioner. (L.N. 183 of 1997) (2B) Where a notice under paragraph (2A) is received by the Commissioner from a holder of a driving licence, the Commissioner may, if after making such inquiry as he considers necessary he is satisfied that there is reasonable ground to believe that the licence holder is suffering from any disease or disability referred to in paragraph (2A)(b)- (a) cancel the driving licence and grant a driving licence limited to driving an invalid carriage to the licence holder if he is satisfied that the licence holder is fit to drive an invalid carriage; or (b) cancel the driving licence after giving to the licence holder written notice of his intention to do so. (L.N. 183 of 1997)(2C) A holder of a driving licence to whom a notice is given under paragraph (2B)(b) may claim to be subjected to a test as to his fitness or ability to- (a) drive a motor vehicle of a particular construction or design; or (b) drive a motor vehicle of any class he is authorized by the licence to drive provided he wears suitable spectacles or other corrective lenses, a hearing aid or other apparatus,and if he passes the test specified by the Commissioner the driving licence shall not be cancelled or, if it has already been cancelled, it shall be returned to the licence holder and the cancellation shall be rescinded. (L.N. 183 of 1997) (3) If it appears to the Commissioner that there is reason to believe that any person who holds a driving licence is suffering from a disease or physical disability not specified in the First Schedule which is liable to cause the driving by him of a motor vehicle, being a motor vehicle of any such class as he is authorized by the driving licence to drive, to be a source of danger to the public, and after making such inquiry as he considers necessary the Commissioner is satisfied that the licence holder so suffering from such disease or physical disability has previously passed a test under this regulation, the Commissioner, after giving to the licence holder notice of his intention to cancel the driving licence, may cancel the driving licence: (L.N. 183 of 1997) Provided that a licence holder, except in the case of any disease or physical disability specified in the First Schedule, may claim to be subjected to a test as to his fitness or ability to- (a) drive a motor vehicle of a particular construction or design; or (b) drive a motor vehicle of any class he is authorized by the licence to drive provided he wears suitable spectacles or other corrective lenses, a hearing aid or other apparatus,and if he passes the test specified by the Commissioner the driving licence shall not be cancelled or, if it has already been cancelled, it shall be returned to the licence holder and the cancellation thereof shall be rescinded. (4) The Commissioner may impose on a driving licence the holder of which has been subjected to a test under paragraph (2C) or (3) a condition that the licence holder shall wear suitable spectacles or other corrective lenses, a hearing aid or other apparatus while driving, or may limit the driving licence to the driving of a motor vehicle of a particular construction or design. (L.N. 183 of 1997) (5) A licence holder whose driving licence is endorsed with a condition that he shall wear suitable spectacles or other corrective lenses, a hearing aid or other apparatus when driving shall not drive without wearing such spectacles or other corrective lenses, hearing aid or other apparatus. (6) The Commissioner shall refuse to issue or renew a driving licence in the case of an applicant, who is 70 years of age or more, who- (a) is not medically fit to drive and control a motor vehicle in the class to which his application relates; or (b) is not able to read a registration mark at a distance of 23 metres in good daylight (with the aid of spectacles or other corrective lenses, if worn).(7) A licence holder who has been given a notice in accordance with paragraph (3) shall, within 72 hours after receipt of such notice, surrender his driving licence to the Commissioner for cancellation. (8) (a) Paragraphs (2A), (2B) and (2C) do not apply in relation to driving licences issued before the commencement of the Road Traffic (Driving Licences) (Amendment ) (No. 2) Regulation 1997 (L.N. 183 of 1997). (b) This paragraph shall cease to have effect at the end of the period of 3 years after the commencement of the Road Traffic (Driving Licences) (Amendment ) (No. 2) Regulation 1997 (L.N. 183 of 1997). (L.N. 183 of 1997) Cap 374B reg 10 Applications for full driving licences Remarks: Adaptation amendments retroactively made - see 3 of 2002 s. 15 (1) A person who wishes to obtain a full driving licence in respect of any class of motor vehicle shall deliver to the Commissioner an application therefor in a form specified by the Commissioner, signed by the applicant, together with his identity document. (L.N. 192 of 1989) (2) In addition to making a declaration required by regulation 9(1), the applicant shall state in his application under paragraph (1)- (a) whether he has held a driving licence issued in Hong Kong or a driving certificate or driving licence issued in any country or place other than Hong Kong; and if the applicant has held any such licence or certificate, he shall also state the class of motor vehicle which he was permitted to drive under such licence or certificate; (3 of 2002 s. 15) (b) whether any such licence or certificate held previously has been endorsed, suspended or cancelled; (c) whether under regulation 9(2), the Commissioner has at any time refused to issue him a driving licence or renew his driving licence; and (d) whether he is or has at any time been disqualified from holding or obtaining the driving licence for which he is applying.(3) In the case of an applicant for a full driving licence to drive any class of motor vehicle, where the applicant is 70 years of age or more, his application under paragraph (1) shall be accompanied by a certificate by a registered medical practitioner who is acceptable to the Commissioner that on a date within 4 months before the application, the applicant is medically fit to drive and control any vehicle in that class and the Commissioner shall satisfy himself that- (a) the medical fitness of the applicant has not deteriorated substantially since that date; and (b) the applicant is able to read a registration mark at a distance of 23 metres in good daylight (with the aid of spectacles or other corrective lenses, if worn). (49 of 2000 s. 4) Cap 374B reg 11 Issue of full driving licences Remarks: Adaptation amendments retroactively made - see 3 of 2002 s. 15 (1) Subject to paragraphs (2), (3), (3A) and (4) and regulations 6, 7, 8 and 9, the Commissioner shall issue a full driving licence (other than a full driving licence to drive a motor cycle or motor tricycle) to an applicant if he has passed, within 3 years prior to the date of his application, a driving test in respect of the class of motor vehicle to which his application relates. (L.N. 259 of 1984; 49 of 2000 s. 5) (1A) The Commissioner shall issue a full driving licence to drive a motor cycle or motor tricycle to an applicant for such licence if he has complied with regulation 12F. (49 of 2000 s. 5) (2) The Commissioner shall issue a full driving licence to an applicant to drive a motor vehicle of the class to which his application relates if the applicant holds a valid full driving licence for a class of motor vehicle which the Commissioner accepts as evidence of his competence to drive a motor vehicle of the class to which his application relates. (3) Subject to paragraph (4), the Commissioner may issue a full driving licence to an applicant if the Commissioner is satisfied that- (a) some time within 3 years before the date on which the applicant makes the application he had held a driver's certificate or licence issued by a competent authority in any country or place listed in the Fourth Schedule authorizing him to drive motor vehicles of the class which he would be authorized to drive by the licence for which he has applied; and (b) the certificate or licence was originally issued to the applicant after successful completion of a test of competence to drive motor vehicles of the class or description concerned conducted by or on behalf of the competent authority which issued the certificate or licence; and (c) (i) the certificate or licence was originally issued to the applicant during a period of residence of not less than 6 months in the country or place of issue; (L.N. 259 of 1984) (ii) the certificate or licence was originally issued to the applicant not less than 5 years immediately prior to the application; or (iii) the applicant is the holder of a passport or other equivalent travel document issued in the country or place in which the certificate or licence was issued. (3 of 2002 s. 15)(3A) Subject to paragraph (4), the Commissioner may issue a full driving licence to an applicant who is a consular officer or consular employee (as defined in the Schedule to the Consular Relations Ordinance (Cap 557)) if the Commissioner is satisfied- (16 of 2000 s. 15) (a) that some time within 3 years before the date on which the applicant makes the application he had held a driver's certificate or licence issued by a competent authority in the country or place of which he is a consular officer or consular employee authorizing him to drive motor vehicles of the class which he would be authorized to drive by the licence for which he has applied; and (3 of 2002 s. 15) (b) as regards the requirements of paragraph (3)(b) and (c)(iii). (L.N. 259 of 1984)(4) No driving licence shall be issued under paragraph (3) authorizing any person to drive- (a) a public bus or private bus; (b) a medium goods vehicle; (c) a heavy goods vehicle; (L.N. 259 of 1984) (ca) an articulated vehicle; or (L.N. 259 of 1984) (d) a special purpose vehicle.(5) (Repealed 89 of 1994 s. 29) (6) A full driving licence- (a) may, subject to paragraph (6A), be issued on payment of the fee prescribed in the Second Schedule; and (b) shall be valid- (i) in the case of a driving licence issued to an applicant who is at or less than the age of 60 on the date of application, for a period of 10 years from the date of issue; (ii) in the case of a driving licence issued to an applicant who is over the age of 60 but less than the age of 70 on the date of application, for- (A) a period from the date of issue up to the day before he attains the age of 70; or (B) a period of 3 years from the date of issue, whichever is the longer;(iii) in the case of a driving licence issued to an applicant who is at or over the age of 70 on the date of application, for a period of one year or 3 years from the date of issue as the applicant chooses. (L.N. 183 of 1997)(6A) No fee shall be payable in respect of a full driving licence issued to a disabled person. (L.N. 183 of 1997) (7) The Commissioner shall specify in a full driving licence the class of motor vehicle, or the type within any class, that the licence holder is authorized to drive. Cap 374B reg 12 Application for and issue of learners' driving licences (1) A person who wishes to obtain a learner's driving licence in respect of any class of motor vehicle (other than a motor cycle and a motor tricycle) shall deliver to the Commissioner an application therefor in a form specified by the Commissioner, signed by the applicant, together with his identity document. (L.N. 192 of 1989) (2) Paragraphs (2) and (3) of regulation 10 shall apply to an applicant for a learner's driving licence under this regulation to the same extent as those paragraphs apply to an applicant under paragraph (1) of that regulation. (3) On receipt of an application under paragraph (1) and of the fee prescribed in the Second Schedule, the Commissioner shall, subject to regulations 6, 7 and 9, issue to the applicant a learner's driving licence in respect of the class of motor vehicle to which his application relates, valid for 12 months from the date of issue thereof. (34 of 1993 s. 4) (4) (Repealed L.N. 273 of 1989) (L.N. 273 of 1989) Cap 374B reg 12A Learners's driving licences for motor cycles and motor tricycles (1) A person who wishes to obtain a learner's driving licence in respect of a motor cycle or a motor tricycle shall deliver to the Commissioner an application therefor in a form specified by the Commissioner, signed by the applicant, together with his identity document. (2) Paragraphs (2) and (3) of regulation 10 shall apply to an applicant for a learner's driving licence under this regulation to the same extent as those paragraphs apply to an applicant under paragraph (1) of that regulation. (3) On receipt of an application under paragraph (1) and of the fee prescribed in the Second Schedule, the Commissioner shall, subject to paragraphs (4) and (5) and regulations 6, 7 and 9, issue to the applicant a learner's driving licence in respect of a motor cycle or a motor tricycle, as the case may be, valid for 12 months from the date of issue thereof. (4) The Commissioner shall refuse to issue a learner's driving licence in respect of a motor cycle or a motor tricycle unless the applicant has passed, within 2 years prior to the date of his application, Parts A and B of the motor cycle driving test referred to in regulation 12C. (5) The Commissioner may refuse to issue a learner's driving licence in respect of a motor cycle or a motor tricycle if the applicant has, during the 12 months immediately preceding his application, been a holder of such a learner's driving licence and during that period- (a) has not applied under regulation 12B to take Part C of a motor cycle driving test; or (b) having so applied to take Part C of a motor cycle driving test, has without reasonable excuse failed to attend for the test on the date and at the time and place notified under regulation 12B. (L.N. 273 of 1989) Cap 374B reg 12B Application to take a motor cycle driving test (1) A person who wishes to submit himself for a motor cycle driving test shall deliver to the Commissioner- (a) his identity document; (b) a course certificate issued under Part IXB of the Ordinance; and (c) an application therefor in a form specified by the Commissioner, signed by the applicant.(2) On receipt of an application under paragraph (1) and the payment of the fee prescribed in the Second Schedule, the Commissioner shall issue to the applicant a motor cycle driving test form in a form specified by the Commissioner, and as soon as is practicable thereafter, shall notify the applicant of the date, time and place of the motor cycle driving test. (34 of 1993 s. 5) (3) No person shall be eligible to take any part of a motor cycle driving test unless he holds a valid motor cycle driving test form issued under paragraph (2). (4) A motor cycle driving test form issued under paragraph (2) shall cease to be valid- (a) if the holder thereof fails to attend for a motor cycle driving test on the date and at the time and place notified under paragraph (2) unless- (i) the holder has given not less than 7 days' notice to the Commissioner of his inability to attend for such test; or (ii) the Commissioner is satisfied that the holder was through circumstances beyond his control unable to attend for such test; or(b) on the expiration of 18 months after the date on which it was issued.(5) If a motor cycle driving test form issued under paragraph (2) continues to be valid by virtue of paragraph (4)(a)(i) or (ii), the Commissioner shall give reasonable notice to the holder thereof of the date, time and place of a further motor cycle driving test and, if the holder thereof fails to attend for such further test, paragraph (4) shall apply as if the date, time and place of the test had been notified under paragraph (2). (6) The Commissioner may refund the fee paid to him under paragraph (2) and cancel the motor cycle driving test form issued under that paragraph if he is satisfied that- (a) it would not be in the public interest to issue to the holder thereof a learner's driving licence in respect of a motor cycle or motor tricycle; (b) the holder thereof is either ineligible to obtain, or is disqualified from obtaining or holding, a driving licence; or (c) the holder thereof has been unable to attend for the motor cycle driving test owing to- (i) the test having been cancelled at short notice by the Commissioner; or (ii) other circumstances beyond the control of the holder thereof.(7) (Repealed 34 of 1993 s. 5) (L.N. 273 of 1989) Cap 374B reg 12C Conduct of motor cycle driving test (1) A motor cycle driving test shall be divided into 3 part, and, subject to paragraph (3), no part of a test shall be taken until the applicant for the test has passed any preceding part. (2) Each part of a motor cycle driving test shall comprise the requirements relevant to that part specified in the Eleventh Schedule. (3) The Commissioner may exempt an applicant from any part of a motor cycle driving test where he considers the applicant's previous experience is adequate in that part. (4) If an applicant tested by an authorized examiner fails any part of the motor cycle driving test, the Commissioner may refuse to permit him to undergo a further test until a day to be fixed by the Commissioner which shall not be less than 30 days from the day of the previous test. (5) A person who wishes to undergo Part B or C of a motor cycle driving test shall provide at his own expense for the test a motor cycle or a motor tricycle (as the case may be), and an authorized examiner may refuse to conduct a test where he has reason to suspect that the motor cycle or the motor tricycle so provided is not suitable for the purpose or is not in a good mechanical condition. (6) While a motor cycle driving test is being conducted the motor cycle or the motor tricycle used for the purpose of the test shall have a "Driver on Test" plate specified by the Commissioner displayed at the front and rear of the motor cycle or motor tricycle. (L.N. 273 of 1989) Cap 374B reg 12D Passing of motor cycle driving test A person shall pass a motor cycle driving test if he satisfies an authorized examiner conducting the test that he is able to comply with all the relevant requirements specified in the Eleventh Schedule. (L.N. 273 of 1989) Cap 374B reg 12E No fee payable in respect of certain learners' driving licences No fee shall be payable in respect of a learner's driving licence- (a) issued to a disabled person to drive a private car, motor cycle or motor tricycle; or (b) to drive a Government vehicle. (34 of 1993 s. 6) Cap 374B reg 12F Probationary driving period (1) An applicant for a full driving licence to drive a motor cycle or motor tricycle shall not be issued with such licence unless he has completed a probationary driving period within 3 years before the date of application for such licence. (2) Subject to paragraphs (4) and (5), a probationary driving period shall last 12 months. (3) A person's probationary driving period commences on the date a probationary driving licence is issued to him. (4) A person's probationary driving period shall be extended by 6 months if he is convicted of one offence mentioned in the Twelfth Schedule, and the offence was committed by him while driving a motor cycle or motor tricycle during his probationary driving period. (5) For the purposes of paragraphs (1) and (4), a person's probationary driving period shall not include- (a) if his probationary driving licence is cancelled under regulation 12I, a period commencing on the issue of the licence and ending on the cancellation of it; or (b) a period during which he does not hold a valid probationary driving licence. (49 of 2000 s. 6) Cap 374B reg 12G Issue of probationary driving licences to drive motor cycles and motor tricycles (1) A person who wishes to apply for a probationary driving licence to drive a motor cycle or motor tricycle shall apply to the Commissioner in a form specified by the Commissioner, signed by the applicant, together with his identity document and the fee prescribed in the Second Schedule. (2) Regulation 10(2) and (3) shall apply to an applicant referred to in paragraph (1) to the same extent as regulation 10(2) and (3) applies to an applicant referred to in regulation 10(1). (3) On receipt of an application under paragraph (1) and of the fee prescribed in the Second Schedule, the Commissioner shall, subject to paragraph (4) and regulations 6, 7 and 9, issue to the applicant a probationary driving licence, valid for 12 months from the date of issue of the licence. (4) The Commissioner shall refuse to issue a probationary driving licence- (a) unless the applicant has passed, within 3 years prior to the date of his application, a motor cycle driving test under regulation 12D; and (b) if the applicant has previously been issued with a probationary driving licence after passing the driving test. (49 of 2000 s. 6) Cap 374B reg 12H Renewal of probationary driving licences (1) Subject to paragraph (3) and regulations 6 and 9, the Commissioner shall renew a probationary driving licence for 6 months on receipt of an application for such renewal in a form specified by the Commissioner, signed by the applicant, together with- (a) his identity document; (b) the probationary driving licence; and (c) the fee prescribed in the Second Schedule.(2) A probationary driving licence may be renewed at any time within- (a) 15 days before its expiry, such renewal to be effective from the date of expiry; or (b) 3 years after its expiry, such renewal to be effective from the date of renewal.(3) Regulation 10(3) shall apply to an applicant referred to in paragraph (1) to the same extent as regulation 10(3) applies to an applicant referred to in regulation 10(1). (49 of 2000 s. 6) Cap 374B reg 12I Cancellation of probationary driving licences (1) Without prejudice to regulation 20, the Commissioner shall cancel a probationary driving licence if the licence holder- (a) has more than once been convicted of an offence mentioned in the Twelfth Schedule; (b) has been convicted of 2 or more offences mentioned in the Twelfth Schedule; or (c) is convicted of an offence in respect of which 10 or more points shall be incurred under section 4 of the Road Traffic (Driving-offence Points) Ordinance (Cap 375),and such offence or offences was or were committed by him while driving a motor cycle or motor tricycle during his probationary driving period. (2) If an appeal is lodged against a conviction referred to in paragraph (1) which causes the cancellation of a probationary driving licence under this regulation, such cancellation shall not take effect until the appeal is withdrawn or dismissed. (49 of 2000 s. 6) Cap 374B reg 12J No fee payable in respect of certain probationary driving licences No fee shall be payable in respect of a probationary driving licence issued to or renewed for a disabled person. (49 of 2000 s. 6) Cap 374B reg 12K Driving during probationary driving period (1) The holder of a probationary driving licence shall not drive a motor cycle or motor tricycle unless it has a plate displayed in accordance with the Thirteenth Schedule. (2) The holder of a probationary driving licence shall not drive a motor cycle or motor tricycle with any passenger on it. (49 of 2000 s. 6) Cap 374B reg 12L Cancellation of full driving licences to drive motor cycles and motor tricycles (1) Without prejudice to regulation 20, the Commissioner shall cancel a full driving licence to drive a motor cycle or motor tricycle if the licence holder is convicted of, after his probationary driving period- (a) an offence mentioned in the Twelfth Schedule; or (b) an offence in respect of which 10 or more points shall be incurred under section 4 of the Road Traffic (Driving-offence Points) Ordinance (Cap 375),and such offence was committed by him while driving such vehicle during his probationary driving period. (2) If an appeal is lodged against a conviction referred to in paragraph (1) which causes the cancellation of a full driving licence under this regulation, such cancellation shall not take effect until the appeal is withdrawn or dismissed. (49 of 2000 s. 6) Cap 374B reg 13 Application for and issue of temporary driving licences Remarks: Adaptation amendments retroactively made - see 3 of 2002 s. 15 (1) Any person, other than a consular officer or consular employee to whom regulation 11(3A) applies, arriving in Hong Kong to take up residence who- (L.N. 259 of 1984) (a) is the holder of a valid driver's certificate or licence issued outside Hong Kong by a competent authority in any country or place not listed in the Fourth Schedule; and (3 of 2002 s. 15) (b) within 3 months after the date of his arrival in Hong Kong, makes an application under regulation 31 for a driving test,may apply to the Commissioner for a temporary driving licence. (2) Subject to paragraph (3), the Commissioner may issue a temporary driving licence to an applicant under paragraph (1) if the Commissioner is satisfied that- (L.N. 259 of 1984) (a) the driver's certificate or licence held by the applicant was originally issued to him during a period of residence of not less than 6 months in the country or place of issue; (L.N. 259 of 1984) (b) the driver's certificate or licence held by the applicant was originally issued to him not less than 5 years immediately prior to the application; or (c) the applicant is the holder of a passport or other equivalent travel document issued in the country or place in which the driver's certificate or licence held by him was issued. (3 of 2002 s. 15)(3) No temporary driving licence shall be issued under this regulation authorizing any person to drive- (a) a public bus or private bus; (b) a medium goods vehicle; (c) a heavy goods vehicle; (L.N. 259 of 1984) (ca) an articulated vehicle; or (L.N. 259 of 1984) (d) a special purpose vehicle.(4) An applicant under paragraph (1) shall deliver to the Commissioner an application in a form specified by the Commissioner, signed by the applicant, together with- (a) (Repealed L.N. 192 of 1989) (b) his identity document; and (c) his driver's certificate or licence referred to in paragraph (1)(a).(5) On receipt of an application under paragraph (4) and of the fee prescribed in the Second Schedule, the Commissioner may, subject to paragraphs (2) and (3) and regulations 6, 7 and 9, issue to the applicant a temporary driving licence in respect of a vehicle of a class which the applicant is authorized by his driver's certificate or licence to drive, valid until the expiry of his driver's certificate or licence or the expiry of 12 months from the date of his arrival in Hong Kong, whichever occurs first. (6) The Commissioner may in his discretion extend the validity of a temporary driving licence for one further period not exceeding 6 months subject to such conditions as he thinks fit. (7) The Commissioner shall specify in a temporary driving licence the class of motor vehicle, or the type within any class, that the licence holder is authorized to drive. (8) If during the validity of a temporary driving licence the licence holder fails to pass a driving test, the Commissioner shall cancel his temporary driving licence from the time which the licence holder is informed that he has so failed. (9) On cancellation of a temporary driving licence, the Commissioner shall give to the licence holder notice of such cancellation, and the licence holder shall, within 72 hours after receipt of such notice, surrender his temporary driving licence to the Commissioner. Cap 374B reg 14 Application for and issue of driving licences for Government vehicles (1) A person who wishes to obtain a driving licence to drive Government vehicles shall deliver to the Commissioner an application therefor in a form specified by the Commissioner, signed by the applicant, together with- (a) (Repealed L.N. 192 of 1989) (b) his identity document; and (c) a valid Government driving permit, or other evidence to the satisfaction of the Commissioner, specifying the class of Government vehicle that he is competent to drive.(2) On receipt of an application under paragraph (1), the Commissioner shall, subject to regulations 6 and 9, issue a driving licence to the applicant authorizing him to drive Government vehicles of the class specified in the licence. (3) Where an applicant for a driving licence to drive Government vehicles is the holder of a valid full driving licence in respect of any class of vehicle other than Government vehicles, he shall lodge that licence with the Commissioner at the time of his application under paragraph (1); and where the Commissioner subsequently issues to the applicant a driving licence to drive Government vehicles, he shall endorse it with an endorsement authorizing the licence holder to drive, in addition to Government vehicles, the class of vehicle which the full driving licence authorized the licence holder to drive. (4) A driving licence issued under paragraph (2) shall be valid for 10 years from the date of issue. (L.N. 183 of 1997) (5) No fee shall be payable for the issue of a driving licence under this regulation. Cap 374B reg 15 Renewal of full driving licence (1) Subject to paragraph (3) and regulations 6 and 9, the Commissioner shall renew a full driving licence on receipt of an application therefor in a form specified by the Commissioner, signed by the applicant, together with- (a) (Repealed L.N. 192 of 1989) (b) his identity document; (c) the full driving licence held by him; and (d) the fee prescribed in the Second Schedule:Provided that no fee shall be payable in respect of the renewal of a full driving licence held by a disabled person. (2) A full driving licence may be renewed at any time- (a) during the period of 4 months before its expiry, such renewal to be effective from the date of expiry; (b) within 15 days after the date of its expiry, such renewal to be effective from the date of expiry; (c) during the period exceeding 15 days but not exceeding 3 years after its expiry, such renewal to be effective from the date of renewal.(3) Before a full driving licence is renewed, where the applicant is 70 years or more he shall produce to the Commissioner a certificate referred to in regulation 10(3) and the Commissioner shall satisfy himself that the applicant is able to read a registration mark at a distance of 23 metres in good daylight (with the aid of spectacles or other corrective lenses, if worn). (4) Where due to circumstances beyond his control the Commissioner is unable for the time being to renew a driving licence, the receipt issued by him for the payment of the renewal fee shall be deemed for the purposes of these regulations to be a valid driving licence in place of the driving licence to be renewed, until the driving licence is renewed or the expiry of a period of 30 days after the issue of the receipt, whichever is the earlier. Cap 374B reg 16 Renewal of driving licences for Government vehicles (1) Subject to regulations 6 and 9, the Commissioner may renew a driving licence to drive Government vehicles on receipt of an application therefor in a form specified by the Commissioner, signed by the applicant, together with- (L.N. 183 of 1997) (a) (Repealed L.N. 192 of 1989) (b) his identity document; (c) the driving licence to drive Government vehicles held by him; and (d) a valid Government driving permit, or other evidence to the satisfaction of the Commissioner, specifying the class of Government vehicle that he is competent to drive.(2) A driving licence to drive Government vehicles may be renewed free of charge for 10 years or such shorter period as the Commissioner thinks fit from the date of renewal and any endorsement made by the Commissioner under regulation 14(3) shall be made on the renewed driving licence. (L.N. 183 of 1997) Cap 374B reg 17 Conditions of driving licences (1) The Commissioner may in his discretion impose conditions on any driving licence whereby the licence is restricted- (a) to a particular type of vehicle in a class; (b) to vehicles with automatic transmission; or (c) as to any other matter which the Commissioner thinks fit.(2) The Commissioner may vary or cancel any condition imposed under paragraph (1). (3) Any condition imposed under paragraph (1) and any variation thereof shall be endorsed on the driving licence or specified in writing by the Commissioner at the time when a driving licence is issued to the applicant. (4) Except when undergoing a driving test, a licence holder shall not drive a motor vehicle in contravention of any condition imposed under paragraph (1). Cap 374B reg 18 Notification of change of particulars in driving licences (1) A licence holder shall notify the Commissioner in writing of any change in the name, address or identity document specified in the driving licence held by him within 72 hours after such change. (2) On receipt of a notice under paragraph (1), the Commissioner shall alter the relevant particulars in the record maintained under regulation 39. Cap 374B reg 19 Entitlement to drive other classes of vehicle (1) A person who is the holder of a valid driving licence which entitles him to drive a private car or light goods vehicle shall by virtue thereof also be entitled to drive a taxi or light bus: Provided that- (a) there is displayed on the front of the vehicle a red plate showing in white, block letters and characters not less than 75 millimetres high, the words "OUT OF SERVICE" and the Chinese characters "暂停载客"; (b) other than the driver, the maximum number of persons carried in the vehicle is one; and (c) in the case of a taxi, the taximeter indicator is covered in such manner as not to be visible from outside the taxi. (L.N. 259 of 1984)(2) A person who is the holder of a valid driving licence which entitles him to drive a medium goods vehicle or heavy goods vehicle shall by virtue thereof also be entitled to drive a taxi, light bus or bus: Provided that- (a) there is displayed on the front of the vehicle a red plate showing in white, block letters and characters not less than 75 millimetres high, the words "OUT OF SERVICE" and the Chinese characters "暂停载客"; (b) other than the driver, the maximum number of persons carried in the vehicle is- (i) in the case of a public bus, 4; and (ii) in any other case, one; and(c) in the case of a taxi, the taximeter indicator is covered in such a manner as not to be visible from outside the taxi. (L.N. 259 of 1984)(3) Nothing in this regulation authorizes the use of a motor vehicle for the carriage of passengers or goods for hire or reward. (4) In this regulation "taximeter indicator" (的士计程表指示器) means the taximeter indicator referred to in regulation 42(1) of the Road Traffic (Construction and Maintenance of Vehicles) Regulations (Cap 374 sub. leg. A). (L.N. 259 of 1984) Cap 374B reg 20 Cancellation of driving licences (1) The Commissioner shall cancel a driving licence if the licence holder- (a) does not fulfil the conditions and requirements necessary for the issue of the driving licence; (b) is suffering from any disease or physical disability specified in the First Schedule.(2) The Commissioner may cancel a driving licence if the licence holder contravenes any condition of the licence. (3) On cancellation of a driving licence the Commissioner shall give to the person to whom the licence was issued notice of such cancellation, and such person shall, within 72 hours after receipt of the notice, surrender his driving licence to the Commissioner. Cap 374B reg 20A Classification of motor vehicles for issue of driving instructors' licences PART III DRIVING INSTRUCTORS, INSTRUCTION AND TESTS For the purpose of the issue of driving instructors' licences, classes of motor vehicles shall be divided into the following groups- (a) group 1-private cars and light goods vehicles; (b) group 2- public light buses, private light buses, public buses and private buses; (c) group 3-medium goods vehicles, heavy goods vehicles and articulated vehicles; (d) group 4-motor cycles and motor tricycles; (e) group 5-Government vehicles. (L.N. 161 of 2000) Cap 374B reg 21 Application for driving instructors' licences for restricted driving instructors A person who wishes to obtain a driving instructor's licence of a restricted driving instructor in respect of any group of motor vehicles shall deliver to the Commissioner an application therefor in a form specified by the Commissioner, signed by the applicant, together with- (L.N. 161 of 2000; L.N. 97 of 2001) (a) (Repealed L.N. 192 of 1989) (b) his identity document; and (c) a full driving licence held by him in respect of all classes of motor vehicles in that group. (L.N. 161 of 2000) Cap 374B reg 21A Application for private driving instructors' licences (1) If the Commissioner considers that it is desirable to issue private driving instructors' licences in respect of any group of motor vehicles, he may- (a) determine the number of licences to be issued for that group; and (b) by a notice published once in at least 1 English and 2 Chinese newspapers circulating in Hong Kong, invite applications for the issue of licences of that group.(2) The Commissioner may not publish a notice under paragraph (1)(b) unless he is satisfied that the issue of private driving instructors' licences in respect of any particular group of motor vehicles is desirable having regard to- (a) prevailing traffic conditions; (b) policy adopted for driver training for the time being; and (c) the demand for learner drivers to receive driving instruction from private driving instructors in respect of that group of motor vehicles.(3) A notice published under paragraph (1)(b) must specify- (a) the number of licences that the Commissioner proposes to issue for any group of motor vehicles in respect of that invitation; and (b) a date by which applications are to be received by the Commissioner ("the specified date").(4) A person who wishes to obtain a private driving instructor's licence shall deliver to the Commissioner by the specified date an application signed by the person in a form specified by the Commissioner together with- (a) the person's identity document; and (b) a full driving licence held by the person in respect of all classes of motor vehicles in that group.(5) If the total number of the applications received by the Commissioner by the specified date exceeds the number of licences that he proposes to issue, the Commissioner may cause the applications and the order in which they are to be dealt with to be determined by lot. (L.N. 97 of 2001) Cap 374B reg 22 Issue of driving instructors' licences (1) Subject to paragraph (2), the Commissioner may, on receipt of an application under regulation 21 or 21A and of the fee prescribed in the Second Schedule, issue to the applicant a driving instructor's licence subject to the conditions set out in the Fifth Schedule and to any further conditions which the Commissioner may impose. (1A) Without prejudice to the general power of the Commissioner to impose conditions under paragraph (1), if an applicant is employed by a driving school or other organization as a driving instructor, or is otherwise required under a contract to give driving instruction on behalf of a driving school or other organization, the Commissioner, in relation to an application made under regulation 21, may issue a driving instructor's licence subject to a condition that the applicant shall only give driving instruction on behalf of the driving school or other organization. (L.N. 97 of 2001) (2) No person shall be issued a driving instructor's licence- (a) unless he is the holder of a full driving licence to drive all classes of motor vehicles in the group in respect of which his application for a driving instructor's licence is made and has held such a driving licence for a period of at least 3 years immediately preceding the date of the application; (L.N. 161 of 2000) (b) unless he has passed the driving instructor's test in relation to which the application is made or has been exempted by the Commissioner from attending all parts of the driving instructor's test; (c) if he has been convicted of an offence under section 36 or 39 of the Ordinance during the 5 years immediately preceding his application.(3) A driving instructor's licence shall be valid for one year. (4) Subject to regulation 22A, the Commissioner shall, upon application made in accordance with that regulation by a person holding a driving instructor's licence issued before 1 September 2000, issue to that person a driving instructor's licence in respect of the group that includes the class of motor vehicle for which the first-mentioned licence was issued. A driving instructor's licence issued under this paragraph shall be subject to the conditions set out in the Fifth Schedule and to any further conditions which the Commissioner may impose. (L.N. 161 of 2000;) (L.N. 97 of 2001) Cap 374B reg 22A Application for driving instructors' licences issued under regulation 22(4) and conditions of issue (1) An application for a driving instructor's licence referred to in regulation 22(4) by a person holding a driving instructor's licence issued before 1 September 2000 ("existing licence") may be made at any time not later than 3 years after the date of expiry of the existing licence. (2) The applicant shall deliver to the Commissioner an application in a form specified by the Commissioner, signed by the applicant, together with- (a) his identity document; (b) the existing licence held by him; (c) the full driving licence held by him; and (d) the fee prescribed in the Second Schedule.(3) The applicant shall not be issued a driving instructor's licence under regulation 22(4) if he has been convicted of an offence under section 36 or 39 of the Ordinance since the existing licence was issued to him. (4) A driving instructor's licence issued under regulation 22(4) in respect of any group shall entitle the applicant to give driving instruction only in respect of those classes of motor vehicles in that group in respect of which the applicant has held full driving licence for a period of at least 3 years immediately preceding the date of the application. (5) A driving instructor's licence issued under regulation 22(4) shall- (a) be effective from the date of issue; and (b) be valid for one year. (L.N. 161 of 2000) Cap 374B reg 23 Renewal of driving instructors' licences (1) Subject to paragraph (3), the Commissioner shall renew a driving instructor's licence on receipt of an application therefor in a form specified by the Commissioner, signed by the applicant, together with- (a) (Repealed L.N. 192 of 1989) (b) his identity document; (c) the driving instructor's licence held by him; (d) a full driving licence held by him in respect of all classes of motor vehicles in the group; and (L.N. 161 of 2000) (e) the fee prescribed in the Second Schedule.(2) A driving instructor's licence may be renewed at any time- (a) during the period of 4 months before its expiry, such renewal to be effective from the date of expiry; (b) within 15 days after the date of its expiry, such renewal to be effective from the date of expiry; (c) during the period exceeding 15 days but not exceeding 3 years after its expiry, such renewal to be effective from the date of renewal.(3) No driving instructor's licence shall be renewed- (a) unless the applicant is the holder of a full driving licence to drive all classes of motor vehicles in the group in respect of which his application for the renewal of the driving instructor's licence is made; (L.N. 161 of 2000) (b) if the applicant has been convicted of an offence under section 36 or 39 of the Ordinance since the driving instructor's licence was issued to him.(4) This regulation does not apply to driving instructors' licences to which regulation 23A applies. (L.N. 161 of 2000) Cap 374B reg 23A Renewal of certain driving instructors' licences issued under regulation 22(4) (1) This regulation applies to a driving instructor's licence that- (a) is issued under regulation 22(4); and (b) does not entitle its holder to give driving instruction in respect of all classes of motor vehicles in the group in respect of which the application is made.(2) Subject to paragraph (4), the Commissioner shall renew a driving instructor's licence to which this regulation applies on receipt of an application in a form specified by the Commissioner, signed by the applicant, together with- (a) his identity document; (b) the driving instructor's licence held by him; (c) the full driving licences held by him; and (d) the fee prescribed in the Second Schedule.(3) An application for renewal of a driving instructor's licence to which this regulation applies may be made at any time- (a) during the period of 4 months before its expiry, such renewal to be effective from the date of expiry; (b) within 15 days after the date of its expiry, such renewal to be effective from the date of expiry; (c) during the period exceeding 15 days but not exceeding 3 years after the date of its expiry, such renewal to be effective from the date of renewal.(4) The driving instructor's licence shall not be renewed if the applicant has been convicted of an offence under section 36 or 39 of the Ordinance since the driving instructor's licence was issued to him. (5) A driving instructor's licence renewed under paragraph (2) in respect of any group shall entitle the applicant to give driving instruction only in respect of those classes of motor vehicles in that group in respect of which the applicant has held full driving licence for a period of at least 3 years immediately preceding the date of the application. (L.N. 161 of 2000) Cap 374B reg 24 Driving instructors' tests (1) A driving instructor's test may be divided into parts, and, subject to paragraph (5), no part of a driving instructor's test shall be taken until the applicant has passed any preceding part. (2) The Commissioner may appoint in writing any authorized examiner to conduct driving instructor's tests. (3) The fee prescribed in the Second Schedule shall be payable for a driving instructor's test. (4) An applicant shall pass a driving instructor's test if the applicant satisfies the authorized examiner conducting the test of his ability and fitness to give driving instruction assessed in accordance with Part I of the Sixth Schedule. (5) The Commissioner may exempt an applicant from any part of a driving instructor's test where he considers the applicant's previous experience is adequate in that part. (L.N. 97 of 2001) Cap 374B reg 25 Test of continued ability and fitness to give driving instruction (1) If the Commissioner considers that a driving instructor should take a test of his continued ability and fitness to give driving instruction, he shall serve the driving instructor a notice in writing requiring him to submit himself for such test on a date and at a time and place specified in the notice, such date to be not less than 14 days from the date on which the notice is given. (2) The Commissioner may appoint in writing any authorized examiner to conduct tests of continued ability and fitness to give driving instruction. (3) No fee shall be payable for a test under this regulation. (4) A driving instructor shall pass a test under this regulation if he satisfies the authorized examiner conducting the test of his ability and fitness to give driving instruction assessed in accordance with Part II of the Sixth Schedule. (5) Where a test is to be conducted under this regulation, the driving instructor shall provide at his own expense for the test a motor vehicle of the class, as determined by the Commissioner, in the group in respect of which he holds the driving instructor's licence, and an authorized examiner may refuse to conduct a test where he has reason to suspect that the vehicle so provided is not suitable for the purpose or is not in a good mechanical condition. (L.N. 161 of 2000) Cap 374B reg 26 Competence to continue as driving instructor (1) If an authorized examiner appointed under regulation 25(2) so requires, a driving instructor and a driver shall permit one or more such authorized examiners to travel in a motor vehicle, whilst the vehicle is being used by the driving instructor to give driving instruction to the driver, for the purpose of enabling the authorized examiner to assess the standard and method of the driving instruction, and if the authorized examiner concludes that the driving instructor does not possess the qualities or ability to continue to be a driving instructor he shall report the matter to the Commissioner. (2) Paragraph (1) does not apply in relation to motor cycles and motor tricycles. (L.N. 273 of 1989) Cap 374B reg 27 Conduct of driving instructions, etc. (1) No person shall give driving instruction to any person unless- (a) the person giving the driving instruction is the holder of a valid driving instructor's licence which entitles him to give driving instruction for the class of motor vehicle in respect of which driving instruction is given; and (b) the person being instructed is the holder of a valid driving licence or permit to drive the class of motor vehicle in respect of which driving instruction is given. (L.N. 303 of 1989; L.N. 161 of 2000)(2) No driving instructor shall contravene any condition contained in the driving instructor's licence issued to him or give driving instruction while the person whom he is instructing is acting in contravention of regulation 30. (3) A driving instructor shall maintain a record, in a form specified by the Commissioner, of all drivers to whom he gives driving instruction, and such record shall be made available by him for inspection by the Commissioner at any reasonable time. (L.N. 303 of 1989) (4) Paragraph (1)(b) does not apply where driving instruction is given to a person taking a driving instruction course in respect of motor cycles or motor tricycles in a driving school in accordance with Part IXB of the Ordinance. (L.N. 273 of 1989) Cap 374B reg 28 Cancellation of driving instructors' licences (1) The Commissioner shall cancel a driving instructor's licence if the holder thereof- (a) no longer holds a valid full driving licence to drive any class of motor vehicle in the group for which he is entitled by the driving instructor's licence to give driving instruction; (L.N. 161 of 2000) (b) is convicted of an offence under section 36 or 39 of the Ordinance; (c) without reasonable excuse fails to submit himself for a test required under regulation 25 or, having submitted to the test, does not pass the test; or (d) contravenes regulation 27:Provided that in a case of a failure to submit for a test required under regulation 25 or a contravention of regulation 27, the Commissioner may, instead of cancelling a driving instructor's licence, suspend it for such period as he thinks fit. (2) On cancellation or suspension of a driving instructor's licence, the Commissioner shall give to the person whose licence is cancelled or suspended notice in writing of such cancellation or suspension, and such person shall, within 72 hours after receipt of such notice, surrender his driving instructor's licence to the Commissioner. (3) On expiry of the period of suspension, a driving instructor's licence that has been surrendered to the Commissioner under paragraph (2) shall be returned by the Commissioner to the licence holder. (4) Where the driving instructor's licence of a private driving instructor has been cancelled under paragraph (1), the Commissioner may, if that instructor applies for a private driving instructor's licence in respect of the same group of motor vehicles as that of the licence which has been cancelled, issue to that instructor a private driving instructor's licence for that same group of motor vehicles in accordance with such of the provisions of this Part that applied to the issue of such licences prior to the commencement of regulation 21A, as if the Road Traffic (Driving Licences) (Amendment) Regulation 2001 (L.N. 97 of 2001) had not been enacted. (L.N. 97 of 2001) Cap 374B reg 29 Authorized examiners (1) The Commissioner may appoint in writing any person to be an authorized examiner for the purpose of conducting driving tests. (2) Every driving test shall be conducted by an authorized examiner. Cap 374B reg 30 Driving under instruction (1) Subject to paragraphs (1A) and (5), a learner driver shall not drive a motor vehicle of the class specified in the learner's driving licence unless he is accompanied by a driving instructor who is the holder of a valid driving instructor's licence which entitles him to give driving instruction in respect of that class of motor vehicle. (L.N. 97 of 1997; L.N. 161 of 2000) (1A) Paragraph (1) shall not apply- (a) when the learner driver is undergoing a driving test ; or (b) when the learner driver is driving a motor vehicle in the premises of a driving school within the meaning of section 88J of the Ordinance while following a driving instruction course and for the purpose of the course. (L.N. 97 of 1997)(2) Subject to paragraph (5), a learner driver when driving a motor vehicle shall not, unless otherwise authorized in writing by the Commissioner, carry any person in or on the vehicle other than a driving instructor, one other learner driver for the purpose of receiving driving instruction and one or more authorized examiners. (3)
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