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The Government will publish in the Gazette tomorrow (April 13) the Road Traffic (Amendment) Ordinance 2012, which aims to provide the necessary statutory provisions for introducing a package of measures to enhance the safety of public light bus (PLB) operation and the quality of PLB services. The Ordinance will take effect on the same day.
A Government spokesman said today (April 12), "With a view to achieving continuous improvement in the safety of PLB operation and the quality of its services, the Government has introduced a package of measures to deter driving malpractices and the speeding behaviour of some PLB drivers, and to better control and regulate the speed of PLBs."
The Ordinance imposes a maximum speed limit of 80 kilometres per hour (km/h) for PLBs. It also mandates the installation of approved speed limiters on all PLBs. Since June 2010, the Transport Department (TD) has introduced administrative measures through new licensing conditions to require the installation of speed limiters on PLBs. By the end of 2011, all PLBs had already been installed with speed limiters. Through the Ordinance, it is stipulated in the legislation that all PLBs must have a speed limiter as a standard requirement, and that using a PLB with a malfunctioning speed limiter or tampering with a speed limiter would constitute an offence.
"The above measures should effectively deter speeding behaviour by PLB drivers, thereby further improving the safety of PLB operation," the spokesman said.
"Although the maximum speed limit is set at 80km/h, PLB drivers will still be subject to any speed limit indicated on the traffic signs on the road sections concerned, which may be lower than 80km/h. Offenders will be liable to a fine of $4,000 and will also incur Driving-offence Points. Those driving in excess of the speed limit by more than 45km/h will, in addition, be subject to driving disqualification of not less than six months as well as mandatory attendance and completion of a driving improvement course," the spokesman stressed.
"Contravention of the requirements relating to speed limiters, such as using a PLB without an approved speed limiter or with an approved speed limiter which is not maintained in good and efficient working order, constitutes an offence. Offenders will be liable to a fine of $10,000 and to imprisonment for six months. Tampering with a speed limiter, such as interfering with its proper operation without lawful authority or reasonable excuse, is an offence with the same penalty."
The Ordinance includes electronic data recording devices (EDRDs) (commonly called black boxes) as the basic equipment of PLBs. The types of PLBs to which this requirement will apply is to be specified by the Secretary for Transport and Housing in a new schedule. Installation of EDRDs will facilitate fleet management and deter PLB drivers from improper driving. The Government would follow up with EDRD suppliers as soon as possible with a view to completing the design modification, testing, approval, production and installation of EDRDs. Once the TD is satisfied that there are suitable EDRD models in the market that can fully meet the requirements set out in the Ordinance, the Government will introduce the necessary subsidiary legislation for negative vetting by the Legislative Council in order to implement the requirements for installing EDRDs on all newly registered PLBs. The above work is expected to finish by the second quarter of 2013. The Ordinance also empowers the TD and the Police to retrieve data stored in EDRDs, and provides for the use of the data retrieved by the Police as evidence in any criminal proceedings.
The Ordinance requires applicants for a PLB driving licence to attend and complete a pre-service course in order to be eligible for the licence. The TD will select and designate pre-service training schools, and will work out the code of practice, which includes the course content, the qualifications of the course instructors, the school facilities and the issuance of certificates, for the school operators to follow. A commencement notice will then be made to bring into operation the requirements for applicants for a PLB driving licence to attend and complete a pre-service course. The above work is expected to be finished by the first quarter of 2013.
The Ordinance also requires the display of PLB driver identity plates by PLB drivers, and makes failure to comply with the requirement an offence.
"Currently, an applicant for a PLB driving licence is required to pass the relevant driving test without the need to attend any pre-service training. The requirement to attend a pre-service course and display a driver identity plate will help enhance the quality of PLB services," the spokesman said.
Upon the coming into effect of the Ordinance, the TD and the Police will take law enforcement actions concerning the maximum speed limit for PLBs, the installation of speed limiters and the display of PLB driver identity plates.
Ends/Thursday, April 12, 2012
Issued at HKT 17:12
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