(Cap 372 section 30) [1 February 1983] (L.N. 16 of 1983) Cap 372A reg 1 Citation These regulations may be cited as the Kowloon-Canton Railway Corporation Regulations. Cap 372A reg 1A Interpretation In these regulations, unless the context otherwise requires- "Commissioner" (署长) means the Commissioner for Transport; "designated rail stop" (指定轻铁站) means a place designated as a rail stop under regulation 11; "Secretary" (局长) means the Secretary for the Environment, Transport and Works; (L.N. 106 of 2002) "vehicle of the North-west Railway" (西北铁路车辆) means a light rail vehicle operated on the North-west Railway. (L.N. 240 of 1987) Cap 372A reg 2 Accidents which are to be notified (1) An accident is notifiable under regulation 4 if it occurs on the railway and- (a) as a result thereof any person dies or suffers serious injury; or (b) it involves a train- (i) colliding with, or striking against, another train or any other object; or (ii) leaving the rails, and doing so either on a line used for the carriage of passengers or goods or in circumstances where the normal operation of such a line is affected.(2) For the purposes of paragraph (1) a person suffers serious injury if he suffers amputation of a limb, a fracture or dislocation, internal injuries, loss of an eye, burns or any other injury of a kind which results in his being admitted to a hospital immediately following the accident for observation or treatment. Cap 372A reg 3 Other occurrences which are to be notified Every occurrence described in the Schedule is notifiable under regulation 4 if it occurs on the railway. Cap 372A reg 4 Notification of accidents and other occurrences (1) The Corporation shall give notice to the Chief Secretary for Administration of every accident which is notifiable under regulation 2 and occurrence which is notifiable under regulation 3. (2) The Corporation shall also supply to the Chief Secretary for Administration such further information concerning such an accident or occurrence as he may require it to furnish to him. (3) Notice shall be given under paragraph (1) as follows- (a) in the case of an accident which is notifiable under regulation 2, immediately after the occurrence it shall be reported by word of mouth (which includes such a report by means of a telephone) to the Chief Secretary for Administration or to any other public officer he may appoint for the purposes of this sub-paragraph; (b) as soon as is practicable after the accident or occurrence, a written report, in such form as the Chief Secretary for Administration may from time to time determine, shall be completed and delivered to the office of the Chief Secretary for Administration. (L.N. 362 of 1997) Cap 372A reg 5 Chief Secretary for Administration may direct inspector to investigate (1) Where an accident or occurrence which is notifiable under these regulations has occurred, the Chief Secretary for Administration may direct an inspector to investigate the same. (2) The paramount purpose of such an investigation is to determine the circumstances and causes of the accident or occurrence with a view to avoiding similar accidents or occurrences in the future, rather than to ascribe blame therefor to any person. (3) The Chief Secretary for Administration may in place of any inspector directed to carry out an investigation under paragraph (1) direct another inspector to proceed with the investigation, and in that case the investigation may be continued as if the change had not occurred. (4) The inspector shall, on completion of an investigation, make a report to the Chief Secretary for Administration who shall cause the contents thereof to be brought to the attention of the public in such manner as he thinks fit. (5) A report shall state the circumstances of the accident or occurrence and conclusions as to its cause and any observations and recommendations which the inspector thinks necessary for the avoidance of similar accidents or occurrences. (L.N. 362 of 1997) Cap 372A reg 6 Powers of inspectors in relation to investigation of accidents or other occurrences An inspector may, for the purpose of investigating an accident or occurrence pursuant to regulation 5, in addition to his powers under the Ordinance- (a) by summons under his hand call before him such persons as he thinks fit; (b) examine any such person and require him to answer any question or to give any information or to produce any document or article which the inspector thinks may be relevant to the investigation; (c) permit any person to appear before him to give any such information or produce any such document or article; (d) retain any such document or article until the completion of the investigation; (e) require any person to make and sign a statutory declaration as to the truth of any statement made by him; (f) remove, or take measures for the preservation of, any machinery, plant or equipment for the purpose of making any test or inspection; (g) take such measures as may be necessary for the preservation of evidence. Cap 372A reg 7 Further provisions as to investigations (1) Every investigation by an inspector shall be held in private. (2) A person summoned as a witness at any investigation shall be allowed such expenses as the Financial Secretary may determine, and such expenses shall be paid by the Corporation. (3) The answer given by a person to any question put to him for the purposes of an investigation shall not be admissible against that person in any civil or criminal proceedings by or against him except where he is charged with perjury or with an offence under regulation 8. Cap 372A reg 8 Obstruction and failure to supply information Any person who- (a) without lawful excuse fails to answer a summons under regulation 6(a) or to comply with a requirement under regulation 6(b) or (e); (b) knowingly furnishes to an inspector acting under these regulations information that is false or misleading in a material particular; (c) obstructs an inspector in the exercise of his powers under these regulations,commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. Cap 372A reg 9 Corporation to prepare and issue operating manuals The Corporation shall- (a) prepare and revise from time to time as may be necessary, a manual or manuals of instructions setting out the practices and procedures to be observed to ensure the safe operation of the railway; (b) ensure that every person who is engaged in the operation of the railway, whether as an employee, or as a contractor or agent of the Corporation, is made fully aware of the functions and duties imposed on him by the said instructions, and is provided with every manual in which those instructions are contained and such replacements thereof as may be necessary; (c) furnish to the Chief Secretary for Administration such number of copies of every manual of instructions, and all amendments thereto, as he may require. (L.N. 362 of 1997) Cap 372A reg 10 Setting aside of bus stops (1) The Commissioner may designate a place on a road as a bus stop for buses used for the purposes of a bus service operated by the Corporation and may revoke the designation of any place as a bus stop either temporarily or permanently. (2) A bus stop may be restricted to a particular route. (3) Subject to paragraph (2), the driver of a bus used for the purposes of a bus service operated by the Corporation on a route- (a) may stop at a bus stop to pick up or set down passengers; (b) shall stop at a bus stop to set down a passenger if requested to do so and, if not at full capacity, to pick up an intending passenger when signalled to do so.(4) The Commissioner may require the Corporation to erect and maintain a sign, of a type approved by the Commissioner, at a bus stop, or to remove any sign. (5) No person shall, without the permission of the Commissioner, erect or cause to be erected any sign on or near any road in such a manner that such sign might reasonably be believed to have been erected in accordance with paragraph (4). (6) Every sign which, at the commencement of these regulations, has been lawfully erected on or near a road by the Corporation to indicate a bus stop shall be deemed to have been erected in accordance with paragraph (4). (7) Any person who contravenes paragraph (3) commits an offence and is liable to a fine of $2000. (8) Any person who contravenes paragraph (5) commits an offence and is liable to a fine of $2000. (9) In any proceedings under any enactment, in relation to a place on a road which is alleged to have been designated as a bus stop under paragraph (1), a sign at such place which purports to indicate that such place is a bus stop shall be deemed to have been erected in accordance with paragraph (4) unless the contrary is proved. (L.N. 240 of 1987) Cap 372A reg 11 Designation of rail stops (1) The Corporation may, with the approval in writing of the Commissioner, designate any place on a road as a rail stop for vehicles of the North-west Railway by delineating and describing on a plan the location and dimension of that proposed stop, and depositing the plan with the Commissioner at least 14 days before the designation is to take effect. (2) The Corporation may, with the approval in writing of the Commissioner, revoke or suspend the designation of any place on a road as a rail stop. (3) The Commissioner may, by notice in writing served on the Corporation giving reasons, require the Corporation to revoke the designation of any place on a road as a rail stop, or suspend it for such period as may be specified in the notice, before such date as may be specified in the notice which date shall be not less than 28 days after the date of the notice. (4) The Commissioner shall notify the Corporation in writing of any approval or refusal under paragraph (1) or (2). (5) Where under this regulation the Corporation, with the approval or at the request of the Commissioner, revokes or suspends the designation of any place on a road as a rail stop, the Corporation shall exhibit an appropriate sign or notice of the revocation or suspension in a conspicuous position at that place and keep it exhibited until the platform is demolished or the designation is resumed, as the case may be. (6) If the Corporation- (a) fails to comply with the terms of a notice issued under paragraph (3) and does not appeal in accordance with regulation 13; (b) fails to exhibit a sign or notice in accordance with paragraph (5); or (c) where it appeals in accordance with regulation 13, fails to comply with the terms of a notice under paragraph (3) of this regulation as confirmed, varied or amended by the Secretary under regulation 13,the Corporation commits an offence and is liable to a fine of $1000 and to a further fine of $100 for each day on which the offence continues. (L.N. 240 of 1987) Cap 372A reg 12 Boarding and alighting of passengers (1) The driver of a vehicle of the North-west Railway shall not, for the purpose of allowing passengers or intending passengers to alight from or board the vehicle, stop the vehicle at any place on a road other than a designated rail stop except in the case of emergency. (2) The driver of a vehicle of the North-west Railway who without reasonable excuse contravenes paragraph (1) commits an offence and is liable to a fine of $1000 and to imprisonment for 3 months. (L.N. 240 of 1987) Cap 372A reg 13 Appeal by Corporation (1) The Corporation, if it is aggrieved by any decision or requirement of, or the refusal of permission by, the Commissioner under regulation 11, may, within 14 days of receiving notice in writing of such decision, requirement or refusal, appeal in writing to the Secretary. (2) The Secretary shall, within 3 months of receiving notice of an appeal under paragraph (1), consider the appeal and may confirm, reverse, vary or amend the decision or requirement of, or the refusal of permission by, the Commissioner. (3) The Secretary shall notify the Corporation and the Commissioner of his decision on an appeal. (L.N. 240 of 1987) Cap 372A reg 14 Forward planning programme (1) Subject to paragraph (2), the Corporation shall, not later than 31 October each year, submit to the Commissioner a programme ("programme of operations") of the operations of its rail and bus services within the North-west Transit Service Area for the 5 year period commencing on 1 January in the year following such submission. (2) The Commissioner may direct that the Corporation need not submit a programme of operation in any year or years. (3) A programme of operations submitted to the Commissioner in any year shall supersede the programme of operations (if any) last submitted. (4) A programme of operations shall contain- (a) a route development programme for the light rail and bus services of the Corporation within the North-west Transit Service Area, showing the details of proposed changes to the routes operated, frequency of service, and type and number of vehicles allocated to those routes, month by month for the first 2 years of the route development programme and half-yearly thereafter; (b) an estimate of the numbers and types of light rail vehicles and buses required in daily service to meet the requirements of the route development programme referred to in subparagraph (a); (c) estimates of the overall number of light rail vehicles and the overall number of buses required to run the daily light rail and bus services, with allowance being made for reasonable proportions of light rail vehicles and buses respectively being unavailable for use in the operation of the services due to accidents, breakdowns, or for any other reasons.(5) The Corporation shall inform the Commissioner of any changes proposed to be made to the programme of operations at least 1 month in advance of the change being implemented. (6) Notwithstanding paragraph (5), where a deviation from a programme of operations is necessary in urgent or exceptional circumstances, the Corporation shall not be required to comply with paragraph (5) but shall, as soon as practicable after such a deviation, inform the Commissioner of the details of the deviation and the circumstances which have occasioned it. (7) The Corporation shall, as soon as practicable, submit a written explanation to the Secretary for the Environment, Transport and Works for any failure to comply with paragraph (1), (5) or (6). (L.N. 106 of 2002) (L.N. 205 of 1989) Cap 372A SCHEDULE [regulation 3] NOTIFIABLE OCCURRENCES PART I Occurrences directly affecting persons 1. Any accident connected with the operation of the railway or with the maintenance thereof, not being an accident which is notifiable under regulation 2, as a result of which an employee of the Corporation or of a contractor with the Corporation is unable, for a period exceeding 3 days immediately after the accident, to fully carry out his normal duties. 2. Any occurrence, not coming within paragraph 1, in which a person- (a) falls off a platform or crosses a line whether or not he is struck by a train; (b) falls out of a carriage during the running of a train; (c) falls between a train and a platform; (d) comes into contact with live overhead electric traction wires or other live electrical equipment; (e) suffers injury, which is reported to the Corporation, by the opening or closing of carriage doors at a station or by the operation of an escalator, lift or moving path used by the public as part of the railway; (f) suffers injury, which is reported to the Corporation, as the result of any action of an employee of the Corporation, or of a contractor with the Corporation. PART II Occurrences affecting railway premises, plant and equipment 1. Any failure of an axle, wheel or tyre on a train, including tyres unfit to run. 2. Any failure of any part of a power unit on a train which endangers or could endanger the safe operation of the railway. 3. Any fire, severe electrical arcing or fusing on a train or on any part of the railway or on any part of the railway premises or on premises occupied or used by the Corporation in the running of the railway. 4. Any accidental division of a train. 5. Any fracture of a rail in the permanent way. 6. Any buckling of a running track. 7. Any failure of a tunnel, bridge or elevated section or any part the same which endangers or could endanger the safe operation of the railway. 8. Any flooding of any part of the permanent way which endangers or could endanger the safe operation of the railway. 9. The loss of control of any passenger escalator, lift or moving path. 10. Any failure of a signal structure or of any part of the fixed electrical equipment which endangers or could endanger the safe operation of the railway. 11. The accidental entry of any road vehicle on to the permanent way. 12. Any other failure of the permanent way or of any machinery, plant or equipment which endangers or could endanger the safe operation of the railway.
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