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To provide for the regulation of road traffic and the use of vehicles and roads (including private roads) and for other purposes connected therewith. (Amended 80 of 1988 s. 2) [25 August 1984] L.N. 294 of 1984 (Originally 75 of 1982) Cap 374 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Road Traffic Ordinance. Cap 374 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "approved breath analysing instrument" (认可呼气分析仪器) means an instrument of a type approved by the Commissioner of Police under section 39F for analysing the proportion of alcohol in a specimen of a person's breath; (Added 39 of 1995 s. 2) "approved operator" (认可操作员) means a member of the police force authorized by the Commissioner of Police under section 39F; (Added 39 of 1995 s. 2) "approved screening device" (认可检查设备) means a device of a type approved by the Commissioner of Police under section 39F for indicating whether the proportion of alcohol in a person's breath is likely to exceed the prescribed limit; (Added 39 of 1995 s. 2) "automatic vending machine" (自动销售机) means a machine erected pursuant to section 12(1)(l); (Added 61 of 1991 s. 2) "bicycle" (单车) means a vehicle with 2 wheels designed and constructed to be propelled by the use of pedals; "breath analysis" (呼气分析) means an analysis of a specimen of a person's breath under section 39C; (Added 39 of 1995 s. 2) "breath test centre" (呼气测试中心) means a place or vehicle designated by the Commissioner of Police as a breath test centre under section 39C(20); (Added 50 of 1999 s. 2) "bus" (巴士) means a motor vehicle constructed or adapted for the carriage of more than 16 passengers and their personal effects; (Amended 89 of 1988 s. 2) "Commissioner" (署长) means the Commissioner for Transport; "conductor" (指导员) in relation to a bus includes any person, other than the driver, who is employed- (a) to be in charge of, or to guide, passengers on the bus; or (b) as an inspector of any service provided by the bus;"disabled person" (伤残人士) means a person who is the holder of a certificate signed by or on behalf of the Director of Health or the Hospital Authority within the meaning of the Hospital Authority Ordinance (Cap 113) stating that such person is suffering from a permanent disease or physical disability that causes him considerable difficulty in walking; (Added 34 of 1993 s. 2) "display ticket" (泊车票) means a ticket obtained from a pay and display machine for display on a motor vehicle to indicate payment for the use of the parking space in which the vehicle is parked and which shows- (a) the payment made for obtaining it; (b) the date on which payment is made and the time of expiry of the period to which the payment relates; and (c) the parking place in respect of which the machine is erected; (Added 61 of 1991 s. 2)"disqualified" (取消驾驶资格) means disqualified under this Ordinance from holding or obtaining a driving licence and "disqualification" (驾驶资格取消) shall be construed accordingly; "domestic driving permit" (当地驾驶许可证) and "domestic driving licence" (当地驾驶执照) in relation to a place outside Hong Kong mean a document issued under the law of that place authorizing the driver to drive motor vehicles or a specified class or description of motor vehicles in that place; "driver" (司机、驾驶人), in relation to any vehicle (other than a rickshaw), vehicle of the North-west Railway, or tram, means any person who is in charge of or assisting in the control of it and, in relation to a rickshaw, means any person pulling a rickshaw; (Amended 46 of 1987 s. 2) "driver operated village vehicle" (司机操作的乡村车辆) means a motor vehicle having an overall length not exceeding 3.2 m and an overall width not exceeding 1.2 m constructed or adapted primarily for the carriage of goods on roads in rural areas or areas inaccessible or closed to other motor vehicles, in addition to the carriage of a driver only; (Added 31 of 1986 s. 2) "driving improvement course" (驾驶改进课程) means a driving improvement course provided by a driving improvement school under section 102B(3)(a); (Added 3 of 2002 s. 2) "driving improvement school" (驾驶改进学校) means a place designated by the Commissioner as a driving improvement school under section 102B(1) and in respect of which the designation is for the time being in force; (Added 3 of 2002 s. 2) "driving licence" (驾驶执照) means a driving licence issued under this Ordinance; "educational institution" (教育机构) means- (a) any institution, organization or place which provides, or where there is provided, for 10 or more persons during any one day, whether or not at the same time, kindergarten, primary, secondary or post secondary education or any other educational course which is either- (i) registered as a school under the Education Ordinance (Cap 279); or (ii) exempted from registration as a school under the Education Ordinance (Cap 279);(b) any post secondary college registered under the Post Secondary Colleges Ordinance (Cap 320); (c) the University of Hong Kong referred to in the University of Hong Kong Ordinance (Cap 1053); (d) the Chinese University of Hong Kong established under the Chinese University of Hong Kong Ordinance (Cap 1109); (e) The Hong Kong Polytechnic University established under the Hong Kong Polytechnic University Ordinance (Cap 1075); (Amended 94 of 1994 s. 25) (f) the Hong Kong Baptist University established by the Hong Kong Baptist University Ordinance (Cap 1126); (Added 50 of 1983 s. 34. Amended 93 of 1994 s. 41) (g) the City University of Hong Kong established by the City University of Hong Kong Ordinance (Cap 1132); (Added 65 of 1983 s. 25. Amended 92 of 1994 s. 34) (h) The Hong Kong Academy for Performing Arts established by The Hong Kong Academy for Performing Arts Ordinance (Cap 1135); (Added 38 of 1984 s. 28) (i) The Hong Kong University of Science and Technology established by The Hong Kong University of Science and Technology Ordinance (Cap 1141); (Added 47 of 1987 s. 25) (j) The Open University of Hong Kong established by The Open University of Hong Kong Ordinance (Cap 1145); (Replaced 50 of 1997 s. 29) (k) Lingnan University established by the Lingnan University Ordinance (Cap 1165); (Replaced 54 of 1999 s. 32) (l) The Hong Kong Institute of Education established by The Hong Kong Institute of Education Ordinance (Cap 444); (Added 16 of 1994 s. 27)"fail" (没有), for the purposes of section 39B and 39C, includes refuse; (Added 39 of 1995 s. 2) "golf cart" (高尔夫球车) means a motor vehicle having an overall length not exceeding 3.2 m and an overall width not exceeding 1.2 m constructed or intended for use for the carriage of passengers on golf courses, in addition to the carriage of a driver; (Added 80 of 1988 s. 3) "goods" (货、货物) includes burden of any description; "goods vehicle" (货车) means a motor vehicle, or trailer, which is constructed or adapted for use primarily for the carriage of goods, but does not include- (a) a motor tricycle or a motor cycle with or without a sidecar attached thereto; or (b) a village vehicle; (Replaced 31 of 1986 s. 2)"gross vehicle weight" (车辆总重), in relation to a vehicle, means the sum of the weights transmitted to the road surface by all the wheels of the vehicle and includes, in the case of a trailer, any weight of the trailer imposed on the drawing vehicle, and the "permitted gross vehicle weight" (许可车辆总重) of a vehicle means the maximum gross vehicle weight assigned or determined in respect of the vehicle in accordance with regulations made under this Ordinance; (Amended 66 of 1985 s. 2) "heavy goods vehicle" (重型货车) means a goods vehicle having a permitted gross vehicle weight exceeding 24 tonnes but not exceeding 38 tonnes; "hire car permit" (出租汽车许可证) means a permit issued in accordance with this Ordinance authorizing the use of a private car for the carriage of passengers for hire or reward; "hospital" (医院) means an institution which provides medical or surgical treatment for in-patients or out-patients; (Added 39 of 1995 s. 2) "international driving permit" (国际驾驶许可证) means an international driving permit issued under the authority of a country or place other than Hong Kong which is a party to an international agreement for the time being in force in respect of Hong Kong; (Amended 3 of 2002 s. 15) "invalid carriage" (伤残者车辆) means a motor vehicle especially designed and constructed for the sole use of a person suffering from physical defects or disabilities; "kindergarten education" (幼稚园教育) has the meaning assigned to it by section 3 of the Education Ordinance (Cap 279); "light bus" (小型巴士) means a motor vehicle constructed or adapted for use solely for the carriage of a driver and not more than 16 passengers and their personal effects, but does not include an invalid carriage, motor cycle, motor tricycle, private car or taxi; (Amended 89 of 1988 s. 2; 19 of 2004 s. 2) "light goods vehicle" (轻型货车) means a goods vehicle having a permitted gross vehicle weight not exceeding 5.5 tonnes; "medium goods vehicle" (中型货车) means a goods vehicle having a permitted gross vehicle weight exceeding 5.5 tonnes but not exceeding 24 tonnes; "motor cycle" (电单车) means a two-wheeled motor vehicle with or without a sidecar; "motor tricycle" (机动三轮车) means a three-wheeled motor vehicle other than- (a) a motor cycle with a sidecar; and (b) a village vehicle; (Replaced 31 of 1986 s. 2)"motor vehicle" (汽车) means any mechanically propelled vehicle; "multi-cycle" (多轮车) means a vehicle with- (a) 4 or more wheels designed and constructed to be propelled by the use of pedals and of which wheels at least 4 touch the road simultaneously when the vehicle is ridden; and (b) a seat (or seats) whose height is not less than 350 mm above the road at any time when the vehicle is ridden; (Added 89 of 1994 s. 2)"noise emission standards" (噪音发出标准), in relation to the prohibition or control of the emission of noise in respect of motor vehicles intended to be registered under this Ordinance, means the noise emission standards prescribed in or by virtue of regulations made under section 27 of the Noise Control Ordinance (Cap 400); (Added 13 of 1996 s. 2) "North-west Railway" (西北铁路) means the North-west Railway within the meaning of the Kowloon-Canton Railway Corporation Ordinance (Cap 372); (Added 56 of 1986 s. 26) "operator" (营办商) means, in relation to a parking meter, any person who has entered into a management agreement with the Government to undertake such functions relating to parking meters as are specified by the Commissioner and on such terms and conditions as are imposed by the Commissioner; (Added 91 of 1993 s. 2) "overall length" (全长度) and "overall width" (全宽度) in relation to a vehicle, shall have the meanings assigned to them respectively by regulations made under section 9; (Added 31 of 1986 s. 2) "owner" (拥有人、车主), in relation to- (a) a private road, means the person who under common law has the right to restrict access by the public to that road; and (b) a vehicle, includes the person in whose name the vehicle is registered or a village vehicle permit is issued, and the person by whom a vehicle is kept and used and, in relation to a vehicle which is the subject of a hiring agreement or hire purchase agreement, means the person in possession of the vehicle under the agreement; (Replaced 80 of 1988 s. 3)"parking card" (泊车储值卡) means a card, permit, pass or other similar device issued by the Commissioner or on his behalf or caused to be issued by him and- (a) the value of which at any particular time is encoded on it to permit its use in conjunction with- (i) a parking meter for payment of a parking fee; (ii) a pay and display machine, to obtain a display ticket; and(b) which when used for payment of a parking fee causes to be indicated on the parking meter the period in respect of which it is so used and whether that period has elapsed; (Added 61 of 1991 s. 2)"parking fee" (泊车费), in relation to a particular parking space, means a fee payable under section 12(4) for the time being for the use of that space for parking; (Added 61 of 1991 s. 2) "parking meter" (停车收费表) means an apparatus constructed and designed to receive and indicate or to indicate payment for the use of a space in a parking place; (Added 61 of 1991 s. 2) "parking place" (泊车处) means a place designated by the Commissioner under this Ordinance as a parking place; "parking space" (泊车位) means a space in a parking place indicated by lines or other marks for the accommodation of one vehicle; (Added 61 of 1991 s. 2) "passenger" (乘客) in relation to a vehicle means any person carried in or on it other than any driver or conductor of it; "passenger service licence" (客运营业证) means a licence to operate a passenger service issued under this Ordinance; "pay and display machine" (凭票泊车机) means any machine or other apparatus designed and constructed to issue a display ticket; (Added 61 of 1991 s. 2) "pedestrian controlled village vehicle" (由徒步者控制的乡村车辆) means a motor vehicle controlled by a pedestrian, having an overall length not exceeding 3.2 m and an overall width not exceeding 1.2 m, constructed or adapted primarily for the carriage of goods on roads in rural areas or areas inaccessible or closed to other motor vehicles, and not constructed or adapted for the carriage of a driver or any passenger; (Added 31 of 1986 s. 2) "personal effects" (个人财物) means goods which are the property of the driver of a motor vehicle or any passenger carried therein; "post secondary education" (专上教育) has the meaning assigned to it by section 3 of the Education Ordinance (Cap 279); "prescribed limit" (订明限度) means- (a) 22 micrograms of alcohol in 100 millilitres of breath; (b) 50 milligrams of alcohol in 100 millilitres of blood; or (c) 67 milligrams of alcohol in 100 millilitres of urine,or such other proportion as the Secretary for the Environment, Transport and Works may notify in the Gazette under section 39G; (Added 39 of 1995 s. 2. Amended 50 of 1999 s. 2; L.N. 106 of 2002)"primary education" (小学教育) has the meaning assigned to it by section 3 of the Education Ordinance (Cap 279); "private bus" (私家巴士) means a bus used or intended for use- (a) otherwise than for hire or reward; or (b) for the carriage of passengers who are exclusively- (i) the students, teachers and employees of an educational institution; or (ii) disabled persons and persons assisting them, whether or not for hire or reward;"private car" (私家车) means a motor vehicle constructed or adapted for use solely for the carriage of a driver and not more than 7 passengers and their personal effects but does not include an invalid carriage, motor cycle, motor tricycle or taxi; "private light bus" (私家小巴) means- (a) a school private light bus; or (b) a light bus (other than a school private light bus) used or intended for use- (i) otherwise than for hire or reward; or (ii) exclusively for the carriage of persons who are disabled persons and persons assisting them, whether or not for hire or reward; (Replaced 50 of 1999 s. 6)"private road" (私家路) means every thoroughfare, street, lane, alley, court, square, car park, passage, path, way and place to which access by the public may be restricted under common law, irrespective of whether such access is so restricted, but does not include- (a) (Repealed 23 of 2002 s. 91) (b) any part of the carriageway of the North-west Railway designated by the Commissioner for the purposes of the definition of "road" (道路) in this section by notice in the Gazette; (Added 80 of 1988 s. 3)"public bus" (公共巴士) means a bus, other than any private bus, which is used or intended for use for hire or reward; "public light bus" (公共小巴) means a light bus, other than any private light bus, which is used or intended for use for hire or reward; "public service vehicle" (公共服务车辆) means any motor vehicle registered as a public bus, public light bus or taxi, or as a private car in respect of which a hire car permit is in force; "recovery vehicle" (救援车辆) means a motor vehicle which is constructed or adapted for the purpose of removing from a road (by means of towing, carrying or otherwise) a vehicle which is not roadworthy, has been involved in an accident or has otherwise broken down on that road; (Added 71 of 1991 s. 2) "register" (登记), when used as a verb, includes "re-register"; "register" (登记册), when used as a noun, means the register of vehicles maintained under this Ordinance; "registered" (已登记、登记) means registered under this Ordinance; "registered owner" (登记车主) means the person registered as owner of a vehicle under this Ordinance; "registration document" (登记文件) means the book or document which relates to the registration of a motor vehicle in the register and which is required to be issued to the registered owner under this Ordinance; "registration mark" (登记号码) means the registration mark assigned or deemed to be assigned, or the special registration mark assigned or allocated, to a vehicle under this Ordinance; "repealed Ordinance" (已废除条例) means the repealed Road Traffic Ordinance (Cap 220, 1979 Ed.); "road" (路、道路) includes every highway, thoroughfare, street, lane, alley, court, square, car park, passage, path, way and place to which the public have access either continuously or intermittently, whether or not the same is the property of the Government, and includes the carriageway of the North-west Railway, but does not include any private road, or any part of the carriageway of the North-west Railway designated by the Commissioner for the purposes of this definition by notice in the Gazette; (Amended 56 of 1986 s. 26; 46 of 1987 s. 2; 80 of 1988 s. 3; 29 of 1998 s. 105; L.N. 326 of 2000; 23 of 2002 s. 91) "road hump" (路丘) means a hump placed transversely across the carriageway of a road for the purpose of regulating the speed of vehicles being driven on that road; (Added 80 of 1988 s. 3) "road marking" (道路标记) means a line, word, mark or device placed on, or set into, the surface of a road for conveying to persons using the road any warning, information, requirement, restriction, prohibition or direction and includes a road hump, but does not include a road marking within the meaning of section 121; (Amended 80 of 1988 s. 3) "roadworthy" (宜于道路上使用) in relation to any motor vehicle means that the vehicle is suitable and safe for use for any of the purposes for which it may lawfully be used, having regard to the class or any division of the class of motor vehicle within which- (a) application has been made to register the vehicle; or (b) the vehicle is registered, or is required to be registered,as the case may be; "school crossing patrol" (学校交通安全队员) means any person authorized to act as a school crossing patrol pursuant to regulations made under section 11; "school private light bus" (学校私家小巴) means a light bus used or intended for use primarily for the carriage of persons who are the students of an educational institution, persons accompanying or in charge of such students, teachers or employees of the institution, to or from the institution, whether or not for hire or reward; (Added 50 of 1999 s. 6) "screening breath test" (检查呼气测试) means a preliminary test under section 39B; (Added 39 of 1995 s. 2) "secondary education" (中学教育) has the meaning assigned to it by section 3 of the Education Ordinance (Cap 279); "semi-trailer" (半拖车) means any trailer designed, constructed or adapted to be coupled to a motor vehicle in such a way that part of it rests on the motor vehicle and that a substantial part of its weight and of the weight of its load is borne by the motor vehicle; "special purpose vehicle" (特别用途车辆) means a motor vehicle designed, constructed or adapted primarily for a use other than the carriage on a road of goods, the driver or passengers; "special reasons" (特别理由) means special reasons relating to the offence, and in exceptional circumstances special reasons relating to- (a) the offender; and (b) to such other circumstance that the court may consider to be relevant;"specially authorized vehicle examiner" (特许验车主任) means a person authorized under section 88(1)(b) to issue suspension of vehicle licence orders; "standing or plying for hire" (停车候客) means, in respect of any vehicle, being on any road, whether in motion or stationary, and exhibiting any sign or signal, or having a person who is exhibiting any sign or signal or who in any other way indicates, that the vehicle or any portion of it is available for hire whether on a predetermined route or otherwise; "student" (学生) means any person who is attending an educational institution for the purpose of pursuing a course of education; "taxi" (的士) means a motor vehicle which is registered as a taxi under this Ordinance; "taximeter" (的士计程表) means any appliance for measuring the time or distance for which a taxi is used, or for measuring both time and distance, or for recording the fare by time or distance or by a combination of time and distance, which is for the time being approved for the purpose by the Commissioner; "teacher" (教员) means any person employed at an educational institution for the purpose of instructing students; "traffic sign" (交通标志) means a sign, object or device for conveying to persons using a road any warning, information, direction, requirement, restriction or prohibition, but does not include a sign within the meaning of section 121; (Amended 80 of 1988 s. 3) "traffic warden" (交通督导员) means a person appointed as traffic warden or a senior traffic warden under section 58; "trailer" (拖车) means a vehicle which is not mechanically propelled and is towed or intended for towing by a motor vehicle, including any semi-trailer or draw bar trailer; "tram" (电车) includes all electrically powered vehicles and trailers constructed for use on a tramway; "Transport Tribunal" (交通审裁处) means a Transport Tribunal appointed under section 17; "tricycle" (三轮车) means a vehicle with 3 wheels propelled by the use of pedals; "vehicle" (车辆) means any vehicle whether or not mechanically propelled which is constructed or adapted for use on roads but does not include a vehicle of the North-west Railway or a tram; (Amended 46 of 1987 s. 2) "vehicle design standards" (车辆设计标准) has the same meaning as in section 2 of the Air Pollution Control Ordinance (Cap 311); (Added 3 of 1991 s. 2) "vehicle emission standards" (车辆废气排放标准) means the vehicle emission standards set out in a code of practice issued or revised under Part VIIIA; (Added 3 of 1991 s. 2) "vehicle examination centre" (验车中心) means a place designated as a vehicle examination centre under section 88(2); "vehicle examiner" (验车主任) means a person appointed as a vehicle examiner under section 88(1)(a); "vehicle identification number" (车辆识别号码) means a chassis number or any mark assigned to a vehicle by the manufacturer or a mark assigned by the Commissioner primarily for registration and identification purposes; it may consist of numerals or letters, or a combination thereof; (Added 89 of 1994 s. 2) "vehicle licence" (车辆牌照) means a licence issued in respect of a vehicle in accordance with regulations made under section 6; "vehicle of the North-west Railway" (西北铁路车辆) means a light rail vehicle including a vehicle used for maintenance purposes operated along and by means of the rails of the North-west Railway; (Added 46 of 1987 s. 2) "village vehicle" (乡村车辆) means- (a) a driver operated village vehicle; (b) a pedestrian controlled village vehicle; or (c) a golf cart; (Replaced 80 of 1988 s. 3)"village vehicle permit" (乡村车辆许可证) means a permit issued in respect of a village vehicle in accordance with regulations made under section 12A. (Added 31 of 1986 s. 2) Cap 374 s 3 Application to State Remarks: Adaptation amendments retroactively made - see 3 of 2002 s. 15 (1) Subject to section 4A, Parts V, VII, VIII, XII, XIII (except section 121) and XIV (except section 131) 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. [cf. 1930 c. 43 s. 121(2) U.K.] (2) Any regulations made in exercise of the powers conferred by sections 6, 8, 9, 10, 11, 12, 12A, 121 and 131 may be expressed to apply to vehicles and persons in the public service of the State in the same manner as Parts V, VII, VIII, XII, XIII and XIV are applied by subsection (1) subject to such modifications and exceptions as may be specified in the regulations. (Amended 31 of 1986 s. 3; 80 of 1988 s. 4; 71 of 1991 s. 3; 3 of 2002 s. 15) Cap 374 s 4 Application of Ordinance to trams (1) Sections 36, 37, 38, 39, 39A, 39B, 39C, 39D, 39E, 40, 41, 56, 57, 60, 61, 63 and 64 shall apply to trams and to vehicles of the North-west Railway and sections 56, 57, 63 and 64 shall apply to vehicles of the North-west Railway on any part of the carriageway of the North-west Railway that is not a road in the same way as those sections apply in relation to vehicles on roads. (Amended 56 of 1986 s. 26; 46 of 1987 s. 3; 39 of 1995 s. 3) (2) Any regulations made in exercise of the powers conferred by sections 7 and 11 may be expressed to apply to trams or to vehicles of the North-west Railway and may also be expressed to apply in relation to any part of the carriageway of the North-west Railway specified in the regulations, subject to such modifications and exceptions as may be specified in the regulations. (Amended 56 of 1986 s. 26; 46 of 1987 s. 3) Cap 374 s 4A Application of Ordinance to village vehicles (1) Except to the extent specified in subsections (2), (2A) and (3) or where it is otherwise expressly provided, this Ordinance shall not apply to village vehicles. (Amended 80 of 1988 s. 5) (2) Parts I, VII, and XI and sections 12A (together with any regulations made under that section), 36(1), (3) and (4) 37(1) and (3), 38, 39(1), 39A, 39B, 39C, 39D, 39E, 49, 53, 60, 61, 62, 63 (other than provisions relating to driving licences and disqualification except as provided by subsection (2A)), 64, 65, 67, 68, 73, 76, 111 and 112, and Schedules 2 and 5 shall apply to and in relation to village vehicles. (Amended 80 of 1988 s. 5; 39 of 1995 s. 4) (2A) The provisions of this Ordinance relating to driving licences and disqualification shall apply to and in relation to- (a) driving licences specified in regulations made under section 12A(1)(da)(ii); and (b) persons holding such specified driving licences, as if a golf cart were a vehicle of the class of vehicle which may be driven on a road by a person by virtue of being the holder of such a specified driving licence. (Added 80 of 1988 s. 5)(3) Any regulations made in exercise of the powers conferred by section 9, 10, 11 or 12 may be expressed to apply to village vehicles subject to such modifications and exceptions as may be specified in the regulations. (4) In the application of any provision of this Ordinance to or in relation to a village vehicle a reference in the provision- (a) to a registered owner or a person in whose name the vehicle is registered shall be construed as a reference to the holder of a village vehicle permit in respect of the vehicle; (b) to the address of a registered owner shall be construed as a reference to the last known address of the village vehicle permit holder. (Added 31 of 1986 s. 4) Cap 374 s 4B (Repealed 46 of 1987 s. 4) Cap 374 s 5 International agreements PART II REGULATIONS (1) For the purpose of enabling effect to be given to any international agreement for the time being in force in respect of Hong Kong, the Secretary for the Environment, Transport and Works may make regulations for the following purposes- (Amended L.N. 106 of 2002) (a) the issue and authentication of permits, certificates or other documents relating to vehicles or the drivers of vehicles which may be required for the purposes of travel outside Hong Kong by persons resident in Hong Kong; and (b) the use of vehicles brought temporarily into Hong Kong by persons resident outside Hong Kong and the use of such vehicles by persons so resident who are temporarily in Hong Kong.(2) Any regulation made under this section may provide for- (a) any matter appearing to the Secretary for the Environment, Transport and Works to be incidental to or connected with the matters regulated by any such international agreement; and (Amended L.N. 106 of 2002) (b) the extension of any privilege conferred by the regulations to persons resident outside Hong Kong who are temporarily in Hong Kong but are not entitled thereto by virtue of any such international agreement, or in respect of vehicles brought temporarily into Hong Kong by such persons, being persons or vehicles satisfying such conditions as may be specified in the regulations. (c) (Repealed 89 of 1994 s. 3)(3) For the purpose of enabling effect to be given to any international agreement for the time being in force in respect of Hong Kong, the Chief Executive in Council may make regulations for the payment in respect of such documents as are mentioned in subsection (1)(a) of such fees as appear to the Chief Executive in Council to be appropriate having regard to any service performed in connection therewith under the regulations. (Added 89 of 1994 s. 3. Amended 3 of 2002 s. 15) (Amended 89 of 1994 s. 3) [cf. 1952 c. 39 s. 1 U.K.] Cap 374 s 6 Regulation of registration and licensing of vehicles (1) The Secretary for the Environment, Transport and Works may make regulations to provide for- (Amended 89 of 1994 s. 4; L.N. 106 of 2002) (a) the registration of vehicles within any class specified in Schedule 1 and the transfer and cancellation of registration; (aa) empowering the Commissioner to assign, on registering or licensing any vehicle, a permitted gross vehicle weight in respect of that vehicle; (Added 66 of 1985 s. 3) (ab) validating the assignment of a permitted gross vehicle weight assigned to a vehicle on or after 25 August 1984 and prior to the commencement of any regulations made under paragraph (aa); (Added 66 of 1985 s. 3) (b) the licensing of vehicles for use on roads and the issue, renewal, transfer and variation of licences and the circumstances in which a vehicle may be exempt from licensing; (c) empowering the Commissioner to license taxis by calling for tenders on payment of a premium, and for the payment of deposits and the forfeiture of deposits in specified circumstances; (d) the issue, use and surrender of fiscal permits, registration and licensing documents, international certificates, international circulation permits and other documents, and registration marks, for Hong Kong vehicles going to places outside Hong Kong and for vehicles from places outside Hong Kong coming to Hong Kong; (Amended 23 of 1998 s. 2) (e) the maintenance of a register of motor vehicles and the issue of extracts therefrom; (f) the assignment, allocation, cancellation or withdrawal at the discretion of the Commissioner, or the allocation and sale by auction, tender, or at a special fee, of special registration marks; (Amended 39 of 1995 s. 5) (g) controlling, restricting or prohibiting the transfer of registration marks and special registration marks; (h) specifying the numbers and letters and numbers which shall be special registration marks for the purposes of this Ordinance; (i) empowering the Commissioner to allocate upon sale by auction or at a special fee any unassigned registration mark, not being a special registration mark, which has been requested by any person and which the Commissioner considers is suitable for allocation in such a manner; (Amended 39 of 1995 s. 5) (j) the issue, use and cancellation of trade licences and trade plates; (k) notification to the Commissioner of alterations to vehicles and of the breaking up, destruction or export of vehicles; (l) notification to the Commissioner of transfer of ownership of vehicles and of changes of particulars recorded in the register; (m) the issue, display on vehicles, surrender and cancellation of- (i) registration marks; (ii) vehicle licences, licence certificates and permits; (iii) certificates of fitness; and (iv) any other means of identification or information relating to the vehicle; (n) keeping a register of journeys made by motor vehicles in use under a trade licence;(o) making the registration and licensing of public service vehicles, or of any type of public service vehicle, subject to tender or a special fee; (p) the Commissioner to impose conditions on vehicle licences with regard to- (i) the places where, and the times when, a vehicle may be used; (ii) the number of passengers that may be carried and the manner in which they may be carried; (iii) the manner in which a vehicle may be used; (iv) the amount or type of goods that may be carried and the manner in which such goods may be carried; (v) the type of trailer that may be towed; (vi) the type of driving licence which must be held for driving a vehicle;(q) the issue of permits with or without conditions to allow for- (i) the movement of unregistered and unlicensed vehicles; (ii) the carriage of passengers or goods otherwise than as permitted by the vehicle licence; and (Amended 58 of 1992 s. 2) (iii) the movement of vehicles on roads closed to general traffic, (Amended 58 of 1992 s. 2) (iv) (Repealed 58 of 1992 s. 2) and the cancellation of such permits;(r) the issue of duplicates of any document issued under this Ordinance; and (Amended 89 of 1994 s. 4) (s) (Repealed 89 of 1994 s. 4) (t) generally carrying into effect the provisions of this Ordinance relating to the registration and licensing of vehicles.(2) The Chief Executive in Council may make regulations to provide for the fees that may be charged for registration, licensing, permits, certificates of fitness and extracts from the register and the waiving, exemption, reduction or refund of fees. (Added 89 of 1994 s. 4. Amended 3 of 2002 s. 15) Cap 374 s 7 Regulation of public service vehicles (1) The Secretary for the Environment, Transport and Works may make regulations to provide for- (Amended 89 of 1994 s. 5; L.N. 106 of 2002) (a) controlling the use of public service vehicles, their equipment and apparatus; (b) the powers of authorized persons to regulate and control- (i) the driving and use of public service vehicles; and (ii) the conduct of persons using such vehicles including drivers, conductors, passengers and intending passengers;(c) (Repealed 89 of 1994 s. 5) (d) controlling or prohibiting the carriage of goods and dangerous items in public service vehicles; (e) controlling or prohibiting the carriage of animals and birds in public service vehicles; (f) the wearing of uniforms and insignia by drivers and other persons employed by owners or operators of public service vehicles; (g) controlling the conduct of persons using or intending to use public service vehicles and persons employed by the owners or operators of public service vehicles; (h) the designation and use of places where public service vehicles may stand or stop to pick up or set down passengers and the traffic signs and road markings pertaining thereto; (i) (Repealed 89 of 1994 s. 5) (j) the display of destination boards, identity plates of drivers, notices and advertisements on public service vehicles; (Amended 90 of 1993 s. 2) (k) the control and disposal of property lost on public service vehicles; (l) the issue, by ballot or otherwise, amendment and cancellation of passenger service licences in respect of public buses, public light buses, private buses and school private light buses, and the review by a Transport Tribunal of any decision of the Commissioner to amend any such licence; (Amended 36 of 1988 s. 2; 50 of 1999 s. 7) (m) the issue, refusal to issue and cancellation by the Commissioner of permits authorizing the use of private cars for the carriage of passengers for hire or reward, the limitation by him of the number of such permits that may be issued for any particular type of hire car service, and the review by a Transport Tribunal of any decision of the Commissioner to refuse to issue or to cancel any such permit; and (n) generally carrying into effect the provisions of this Ordinance relating to public service vehicles.(1A) Regulations made under this section may empower the Commissioner to specify by notice published in the Gazette requirements as to- (a) the design, construction, size, colour and form of; (b) without affecting the generality of paragraph (a), the size and colour of any letters or characters in; and (c) the position in which to display,any destination indicator, identity plate, plate holder, notice, sign or insignia required for the purposes of such regulations. (Added 54 of 1989 s. 2. Amended 90 of 1993 s. 2) (1B) The Chief Executive in Council may make regulations to provide for the arrest and detention of persons who commit, or are suspected of having committed, offences under the regulations. (Added 89 of 1994 s. 5. Amended 3 of 2002 s. 15) (1C) The Chief Executive in Council may make regulations to provide for the fares which may be charged on any public service vehicles other than buses operated under a franchise granted under the Public Bus Services Ordinance (Cap 230) and the fees which may be charged for the hire of a public service vehicle. (Added 89 of 1994 s. 5. Amended 3 of 2002 s. 15) (2) Where any regulation is made providing for the issue of hire car permits, the Commissioner may in his discretion- (a) in issuing any such permit, give priority to any person or class of persons; (b) determine, in accordance with any such regulation, by lot any applications for the issue of such permits; (c) limit the number of such permits which may be issued to any person or class of persons. Cap 374 s 8 Regulation of driving licences (1) The Secretary for the Environment, Transport and Works may make regulations to provide for- (Amended 89 of 1994 s. 6; L.N. 106 of 2002) (a) the issue, renewal, variation, cancellation or withholding of, and imposing of conditions on, driving licences, international driving permits and driving instructors' licences; (b) the maintenance of a register of driving licences, permits and penalties incurred by the holders of driving licences; (c) the instruction and testing of persons applying for or holding driving licences and driving instructors' licences; (d) the amendment by the Commissioner by order published in the Gazette of any provision made under this section specifying countries or places as countries or places the holders of whose driving certificates or licences are exempt from the requirement to take a driving test; and (Amended 89 of 1994 s. 6; 3 of 2002 s. 15) (e) the control of holders of international driving permits and of driving licences and permits issued in places outside Hong Kong for use in such places. (Amended 89 of 1994 s. 6; 23 of 1998 s. 2) (f)-(g) (Repealed 89 of 1994 s. 6)(1A) The Chief Executive in Council may make regulations to provide for- (Amended 3 of 2002 s. 15) (a) the fees to be charged in respect of any licence or permit granted to any person to drive a vehicle of a particular class or to instruct other persons to drive vehicle; and (b) the waiving, exemption, reduction or refund of fees. (Added 89 of 1994 s. 6)(2) Regulations under this section with respect to the testing of persons applying for or holding driving licences may empower the Commissioner to specify that any vehicle used in such testing of persons shall conform with such requirements as the Commissioner may specify. (Added 36 of 1990 s. 2) Cap 374 s 9 Regulation of construction and maintenance of vehicles (1) The Secretary for the Environment, Transport and Works may make regulations generally as to the construction and maintenance of vehicles, and their equipment, and in particular, but without prejudice to the generality of the foregoing, may make regulations with respect to- (Amended 89 of 1994 s. 7; L.N. 106 of 2002) (a) the width, height and length of vehicles and the load carried thereby, the diameter of wheels, and the width, nature and condition of tyres of vehicles; (b) the emission by vehicles of smoke, fumes, vapour, sparks and grit; (c) noise from vehicles; (d) the weight of vehicles; (e) the colour, markings and displaying of signs and advertisements on vehicles and enabling the Commissioner to specify requirements relating to the same; (Amended 89 of 1994 s. 7) (f) the number and nature of brakes to be fitted, and for ensuring that brakes, silencers and steering mechanism shall be efficient and kept in proper working order; (g) the appliances to be fitted for signalling the approach of a vehicle, or enabling the driver of a vehicle to become aware of the approach of another vehicle from the rear, or for intimating any intended change of speed or direction of a vehicle, and the use of any such appliance, and for securing that they shall be efficient and kept in proper working order; (h) lighting equipment and reflectors to be fitted; (i) the fitting, construction, operation and inspection of taximeters; (Replaced 66 of 1984 s. 2) (ia) the design and construction of any vehicle intended for use as a private bus, a private light bus, a public bus, or a public light bus; and (Added 66 of 1984 s. 2) (j) the construction and maintenance of public service vehicles including, without prejudice to the generality of the foregoing, the construction and maintenance of doors, entrances and exits, steps, handrails, floors, gangways, platforms, lighting, seating, ventilation, drivers' accommodation, luggage racks and shelves and electrical equipment and instruments.(2) Without prejudice to the generality of subsection (1) regulations under this section with respect to lighting equipment and reflectors may require that lamps be kept lit at such times and in such circumstances as may be specified in the regulations. (3) Different regulations may be made under this section as respects different classes of vehicles or as respects the same class of vehicles in different circumstances and vehicles or classes of vehicles may be exempted from all or any of the regulations so made. [cf. 1972 c. 20 s. 40 U.K.] Cap 374 s 10 Regulation of specified safety equipment (1) The Secretary for the Environment, Transport and Works may make regulations permitting or requiring the provision or use of specified safety equipment by persons driving, riding in or on, or using, any class of vehicle and controlling the sale, hire or possession of specified safety equipment. (Amended 89 of 1994 s. 8; L.N. 106 of 2002) (2) The Chief Executive in Council may make regulations providing for the entry by a police officer of premises in which the police officer has reasonable grounds for believing that specified safety equipment not complying with the regulations is held for sale or hire, for the purpose of searching for and seizing such equipment. (Replaced 89 of 1994 s. 8. Amended 3 of 2002 s. 15) (3) In this section "specified safety equipment" (指明安全装备) means such equipment or apparatus as is specified in subsection (4). (4) The following shall be specified safety equipment for the purposes of this section- (a) crash helmets; (b) safety belts and means of securing safety belts; (c) fire fighting equipment.(5) The Legislative Council may, by resolution, amend subsection (4). Cap 374 s 11 Regulation of traffic The Secretary for the Environment, Transport and Works may make regulations to provide for- (Amended 89 of 1994 s. 9; L.N. 106 of 2002) (a) the classification, design, colour, erection, placing, operation, maintenance, alteration and removal of permanent, temporary and variable traffic signs and road markings; (aa) the imposing, whether by the Commissioner or otherwise, of requirements on owners of private roads in relation to the erection, placing, operation, maintenance, alteration and removal of permanent, temporary and variable traffic signs and road markings on or near such roads; (Added 80 of 1988 s. 6) (ab) the Commissioner to cause any matter the subject of a requirement referred to in paragraph (aa) imposed on the owner of a private road to be done, and to recover from the owner as a civil debt the cost thereof; (Added 80 of 1988 s. 6) (ac) the Commissioner to specify traffic signs and road markings which may be erected or placed on or near any private road without a permit issued under this Ordinance; (Added 80 of 1988 s. 6) (b) prohibiting, controlling and restricting vehicular and pedestrian movements by or in relation to traffic signs or road markings; (c) prohibiting, controlling, restricting, directing or advising traffic both vehicular and pedestrian and passengers conveyed upon vehicular traffic; (d) controlling and regulating the manner of driving and the use of vehicles and the equipment and apparatus pertaining thereto; (e) controlling and regulating the use of roads and in particular prohibiting either absolutely or during specified hours- (i) the driving of any specified type or class of vehicle; and (ii) the manner in which a motor vehicle of any type or class may be used on a road;(f) the towing of or drawing of vehicles by motor vehicles; (g) controlling the manner of loading vehicles and securing of loads on vehicles; (h) the maximum weight to be transmitted to the road by a vehicle of any class or by any part or parts of such a vehicle in contact with the road, and the conditions under which the weights may be tested; (i) controlling the manner in which passengers may be carried in vehicles and the number of passengers which may be carried therein; (j) the establishment and control of pedestrian crossings of any type; (k) school crossing patrols, their powers and duties; (l) exempting the Government and any public officer from any liability for damage or injury caused to a school crossing patrol or to any person or to any thing arising from the actions of a school crossing patrol; (Amended 3 of 2002 s. 15) (m) the imposing of standards for the use and operation of offence detection equipment; (n) the discipline, duties, promotion, control and administration of traffic wardens; (o) the imposing of minimum speed limits on any road for any vehicles or for any class of vehicle; and (p) generally carrying into effect the provisions of this Ordinance relating to the regulation of traffic, whether generally or for a particular purpose including the protection of the environment. (Amended 83 of 1992 s. 2) Cap 374 s 12 Regulation of parking of vehicles (1) The Secretary for the Environment, Transport and Works may make regulations to provide for- (Amended 61 of 1991 s. 3; 89 of 1994 s. 10; L.N. 106 of 2002) (a) the prohibition and restriction of parking and loading and unloading of vehicles and the designation of zones within which parking or loading and unloading are restricted; (b) the designation by the Commissioner of- (i) parking places including those for the use of which payment is to be made or indicated in a prescribed manner; or (ii) places set aside for the loading and unloading of vehicles, and the traffic signs and road markings pertaining thereto; (Replaced 61 of 1991 s. 3)(c) the erection of traffic signs and the use of road markings for the control of parking; (d) the designation by the Commissioner of car parks for the use of vehicles of any description or of any particular type or class; (e) the management of car parks and the delegation of power to manage car parks and control their use; (f) controlling the use of car parks and parking places; (g) (Repealed 89 of 1994 s. 10) (h) controlling or prohibiting the repair of vehicles in public places, and the liability of vehicle owners and persons carrying out such repairs; (i) the erection and operation of parking meters and other apparatus designed to indicate payment for the use of parking space and the time that a vehicle may be parked; (j) without affecting the generality of paragraph (i), the erection of pay and display machines for the purpose of charging for parking of motor vehicles and the manner in which they may be used for such purpose; (Replaced 61 of 1991 s. 3) (k) the issue, the arrangement for issue and the authorization to issue by the Commissioner of parking cards and the conditions subject to which they are to be issued; (Replaced 61 of 1991 s. 3) (l) the erection and operation of any machine or apparatus designed and constructed to issue parking cards; (Added 61 of 1991 s. 3) (m) the suspension, cancellation and replacement of parking cards by or on behalf of the Commissioner; (Added 61 of 1991 s. 3) (n) evidence of the value of a parking card, the exchange or refund by the Commissioner or any other person authorized by him in such form as he or such authorized person may determine of the value of a parking card, or the surrender or return of a parking card to the Commissioner or such authorized person, and the charging of administrative costs of such amount as determined by the Commissioner in relation to these matters; (Added 61 of 1991 s. 3) (o) the charge in respect of the issue of a parking card and the determination by the Commissioner of the value or values for which parking cards are to be issued; (Added 61 of 1991 s. 3) (p) the approval by the Commissioner by notice published in the Gazette of any card or other device, not being a parking card, for use in- (i) payment of a parking fee in conjunction with any parking meter or pay and display machine; or (ii) operating an automatic vending machine, as he may specify; (Added 61 of 1991 s. 3)(q) the determination by the Commissioner of- (i) denominations of coins or banknotes to be used in the operation of a parking meter, a pay and display machine or an automatic vending machine; or (ii) directions and conditions relating to the use of a parking card or any card or other device referred to in paragraph (p) for payment of a parking fee or for obtaining a pay and display ticket or for operation an automatic vending machine; (Added 61 of 1991 s. 3)(r) the control and prohibition of- (i) the possession of articles used or intended for use in intended for use in interfering with; (ii) conduct that obstructs the use of, any parking meter, pay and display machine or machine or apparatus referred to in paragraph (l); (Added 61 of 1991 s. 3)(s) the control and regulation of the use of, or prohibition of the interference with, damage to, defacement or alteration of parking cards or display tickets; (Added 61 of 1991 s. 3) (sa) the issue, renewal, withholding and cancellation of parking permits for disabled persons, limitations on their use and the circumstances in which the permits shall be surrendered; (Added 83 of 1992 s. 3) (sb) the duties of the holder of a parking permit referred to in paragraph (sa), including the production of the permit for inspection and the display of the permit; (Added 83 of 1992 s. 3) (t) the amendment of any Schedule, other than a Schedule containing fees prescribed under subsection (2); (Added 61 of 1991 s. 3. Amended 89 of 1994 s. 10) (u) generally carrying into effect the provisions of this Ordinance relating to the regulation of parking. (Added 61 of 1991 s. 3)(2) The Chief Executive in Council may by regulation- (Amended 3 of 2002 s. 15) (a) prescribe the maximum fee that may be charged for a specified period, for the use of any parking place or any parking space in any parking place; (Amended 83 of 1992 s. 3) (b) in prescribing such maximum fee, prescribe different maximum fees in relation to parking apparatus of different classes or descriptions; (Added 61 of 1991 s. 3. Amended 83 of 1992 s. 3; 89 of 1994 s. 10) (c) provide for the waiving, exemption, reduction or refund of the fees payable for the use of any parking place or any parking space in any parking place; and (Added 83 of 1992 s. 3. Amended 89 of 1994 s. 10) (d) provide for the fees payable for the use of car parks. (Added 89 of 1994 s. 10)(3) Where regulations are made under subsection (2), the Commissioner may from time to time determine the fee applicable in relation to the use of any parking space in a particular parking place, or parking space, in respect of which a parking apparatus of the relevant class or description is erected but such fee shall not exceeds, whether taking into account the period to which it relates or the amount of the fee, the maximum fee prescribed under subsection (2) in relation to the parking apparatus of that class or description. (Added 61 of 1991 s. 3) (4) Any fee determined by the Commissioner under subsection (3) shall be payable for the use of the relevant parking space and any fee payable for the use of any parking space pursuant to regulations made under this Ordinance and in operation immediately before the coming into operation of the Road Traffic (Amendment) (No. 2) Ordinance 1991 (61 of 1991) shall, unless or until a relevant determination is made under this section, be deemed to have been determined by the Commissioner under this section. (Added 61 of 1991 s. 3) Cap 374 s 12A Regulation of village vehicles (1) The Secretary for the Environment, Transport and Works may make regulations in respect of village vehicles to provide for- (Amended 89 of 1994 s. 11; L.N. 106 of 2002) (a) the issue by the Commissioner of permits for the driving and use of village vehicles on roads; the specification by him of conditions on such permits, including, without limiting the generality thereof, conditions which restrict the use of the vehicles to specified roads and specified times; the limitation by him of the number of such permits that may be issued, either generally or in a particular area, and in respect of any type of village vehicle; the validity of such permits and the cancellation thereof, and the admission in evidence in any proceedings under this Ordinance of copies of any such permit; (b) the construction and maintenance of village vehicles, the equipment to be carried or installed thereon, the appointment of vehicle examiners for the purposes of the regulations, the examination of such vehicles by vehicle examiners and police officers and the removal and detention of unsafe village vehicles; (c) the regulation or prohibition of the driving and use of village vehicles on roads, and of the carriage of persons or goods on such vehicles; and the conduct of persons driving or using such vehicles; (d) the production of village vehicle permits and the display of permit numbers on village vehicles; (da) in the case of village vehicles which are golf carts- (i) the specification by the Commissioner of conditions on village vehicle permits relating to the maximum number of passengers may be carried on such vehicles; and (ii) the prohibition of the driving and use of such vehicles on such roads as are specified in the regulations except by persons who are holders of such driving licences as are specified in the regulations; and (Added 80 of 1988 s. 7. Amended 89 of 1994 s. 11)(e) (Repealed 89 of 1994 s. 11) (f) generally carrying into effect the provisions of this Ordinance relating to village vehicles.(1A) The Chief Executive in Council may make regulations to provide for the fees to be charged for any village vehicle permit, duplicate village vehicle permit, vehicle examination or any other matter arising under the regulations made under subsection (1) or to which such regulations otherwise relate. (Added 89 of 1994 s. 11. Amended 3 of 2002 s. 15) (2) Where under regulations made under subsection (1) a limit is imposed on the number of village vehicle permits that may be issued, the Commissioner may in his discretion- (a) in issuing any such permit give priority to any person or class of persons; (b) determine by lot any applications for the issue of such permits; (c) limit the number of such permits which may be issued to any persons or class of persons,and shall not be obliged to issue such permits up to the limit so imposed. (3) Fees prescribed under subsections (1) and (1A) may be fixed- (Amended 89 of 1994 s. 11) (a) at levels which provide for the recovery of expenditure incurred or likely to be incurred by the Government in relation generally to the administration of this Ordinance and need not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred in the provision of any particular village vehicle permit, vehicle examination or other matter; and (b) at different levels in relation to different classes, types or descriptions of village vehicle, village vehicle permit, examination or other matter. (Added 31 of 1986 s. 5) Cap 374 s 13 Provision for the Commissioner and others to act and charge fees, and for absolute liability Any regulation made under section 6, 7, 8, 9, 10, 11, 12, 12A or 131 may- (Amended 31 of 1986 s. 6; 71 of 1991 s. 4) (a) empower the Commissioner, the Commissioner of Police, the Director of Highways or the operator to do any of the things or exercise any of the functions specified in such regulation and to charge such fee as may be prescribed by such regulation for the doing of any such thing or the exercise of any such function; (Amended L.N. 127 of 1986; 91 of 1993 s. 3) (b) give power for any person or class of persons, or any vehicle or class or description of vehicles, to be exempted from the application of any regulations made under this Ordinance; (Amended 90 of 1993 s. 3) (c) provide for the absolute liability of owners of public service vehicles regarding the use of their vehicles and of the owners of all vehicles regarding the condition and fitness of their vehicles; and (Amended 90 of 1993 s. 3) (d) provide for the strict liability of owners of goods vehicles and special purpose vehicles regarding the overloading of their vehicles. (Added 90 of 1993 s. 3) Cap 374 s 14 Onus of proof in certain cases (1) Any regulation made under this Ordinance may provide that in any criminal proceedings for a contravention thereof- (a) it shall be for the person accused of such contravention to prove certain facts; or (b) facts shall be presumed, with or without proof of other facts, until the contrary is proved.(2) Any regulation made in exercise of the powers conferred by subsection (1) shall be subject to the approval of the Legislative Council. Cap 374 s 14A Transitional provisions in regulations Remarks: Adaptation amendments retroactively made - see 3 of 2002 s. 15 Any regulation made under this Ordinance may- (a) provide for the continuance in force of any regulations made under the repealed Ordinance with such modifications, adaptations and transitional provisions as the Chief Executive in Council sees fit; and (Amended 3 of 2002 s. 15) (b) provide for the modification, adaptation and transition of any reference in any Ordinance to the repealed Ordinance or any regulations made under the repealed Ordinance. (Added 66 of 1984 s. 3) Cap 374 s 15 Penalties under the regulations Any regulation made under section 6, 7, 8, 9, 10, 11, 12, 12A, 121 or 131 may provide that a contravention thereof shall be an offence, and may provide penalties for such offence not exceeding a fine of $15000 and imprisonment for 9 months. (Amended 31 of 1986 s. 7; 80 of 1988 s. 8; 71 of 1991 s. 5) Cap 374 s 16 Transport Tribunals' panel PART III TRANSPORT TRIBUNALS (1) There shall be a panel from which members of Transport Tribunals may be appointed under this Ordinance. (Amended 89 of 1994 s. 12) (2) The panel shall consist of such persons, not being public officers, as the Secretary for the Environment, Transport and Works may appoint. (Amended L.N. 362 of 1997; 19 of 2004 s. 3) (3) The appointment of any person as a member of the panel shall have effect for not more than 3 years and a member of the panel shall be eligible for reappointment. (4) A member of the panel may resign at any time by notice in writing to the Secretary for the Environment, Transport and Works. (Amended L.N. 362 of 1997; 19 of 2004 s. 3) Cap 374 s 17 Appointment of Transport Tribunals (1) The Secretary for the Environment, Transport and Works may appoint such Transport Tribunals as may from time to time be necessary for the purposes of this Ordinance.; (Amended 19 of 2004 s. 4) (2) A Transport Tribunal shall consist of- (a) a chairman, who shall be a person other than a public officer, appointed by the Secretary for the Environment, Transport and Works; and (Amended 89 of 1994 s. 13; 19 of 2004 s. 4) (b) 2 members of the panel appointed under section 16. (Replaced 89 of 1994 s. 13) (c) (Repealed 89 of 1994 s. 13) (Amended L.N. 362 of 1997) Cap 374 s 18 Legal adviser to a Transport Tribunal (1) A Transport Tribunal shall have a legal adviser who may be present at any hearing of the Tribunal in order to advise the Tribunal on any matter. (Amended 89 of 1994 s. 14) (2) A Transport Tribunal may, in connection with any hearing before it, consult a legal adviser on any question of law, procedure or any other matter. Cap 374 s 19 Powers of Transport Tribunal (1) The Chairman of a Transport Tribunal may by notice in writing summon any person to appear before the Tribunal to produce any document or to give evidence. (2) A Transport Tribunal may receive such evidence as it thinks fit, and neither the provisions of the Evidence Ordinance (Cap 8) nor any other rule of law relating to the admissibility of evidence shall apply in the proceedings before the Tribunal. (3) Any question arising in proceedings before a Transport Tribunal, not being a question relating to the practice and procedure of the Tribunal, shall, in the event of a difference between the members, be decided by the majority. (4) Any person, who being summoned to appear before a Transport Tribunal, refuses or fails without reasonable excuse to appear or to answer any question put to him by or with the consent of the Tribunal commits an offence and is liable to a fine of $2000 and to imprisonment for 3 months: Provided that no person shall be bound to incriminate himself and every witness shall, in respect of any evidence given by him before the Tribunal, be entitled to the privileges to which he would be entitled if giving evidence before a court. (5) Any person who behaves in an insulting manner or uses any threatening or insulting expression to or in the presence of a Transport Tribunal commits an offence and is liable to a fine of $1000 and to imprisonment for 3 months. Cap 374 s 20 Practice and procedure of Transport Tribunal (1) Save in so far as provision is made therefor in this Ordinance, the practice and procedure in and in connection with any hearing before a Transport Tribunal shall be such as the Chairman of the Tribunal may determine. (2) In proceedings before a Transport Tribunal, any person may appear in person or be represented by counsel, solicitor or agent. Cap 374 s 21 Classification of vehicles PART IV REGISTRATION AND LICENSING OF VEHICLES (1) For the purposes of registration and licensing of vehicles under this Ordinance, vehicles are classified in accordance with Schedule 1. (2) The Secretary for the Environment, Transport and Works may by order amend Schedule 1. (Amended 89 of 1994 s. 15; L.N. 106 of 2002) Cap 374 s 22 Registration and licensing (1) Except as otherwise provided by this Ordinance, every vehicle of a class specified in Schedule 1 which is used on any road shall be licensed. (2) A vehicle, other than a rickshaw, shall not be licensed under this Ordinance- (a) unless it is registered; or (b) other than in the class within which it is registered.(3) Subject to sections 23, 24 and 26, the Commissioner shall register a vehicle in accordance with this Ordinance on application made in the prescribed manner. (4) Subject to sections 25 and 26, the Commissioner shall license a registered vehicle or a rickshaw in accordance with this Ordinance on application made in the prescribed manner. Cap 374 s 23 Power to regulate the number of vehicles registered Remarks: Adaptation amendments retroactively made - see 3 of 2002 s. 15 (1) Without prejudice to any other