LCQ1: Health conditions of professional drivers
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     Following is a question by the Hon Sin Chung-kai and a reply by the Secretary for Transport and Housing, Professor Anthony Cheung Bing-leung, in the Legislative Council today (December 5):

Question:

     Recently, the issue of indisposition of professional drivers causing traffic accidents has aroused public concern. In this connection, will the Government inform this Council:

(a) whether it knows the requirements set by operators of various modes of public transport (including franchised and non-franchised buses, ferries, trains, the Peak Tram and trams) concerning the health conditions of their drivers upon appointment and while in service, including the arrangements for drivers to undergo regular medical examinations, the examination items they are required to pass, as well as the circumstances under which they are required to report on their health conditions;

(b) of the trend in the numbers of applications for new issuance and renewal of driving licences for various classes of commercial vehicles, and the number of applications rejected as well as the reasons for the rejection; the number of traffic accidents caused by indisposition of drivers of commercial vehicles, and the resultant casualties, in the past three years; and

(c) given the stipulation in the Road Traffic (Driving Licences) Regulations that an applicant aged 70 or above applying for issuance or renewal of a driving licence is required to produce a certificate issued by a registered medical practitioner certifying that he is medically fit to drive motor vehicles of the class for which he is applying, whether the Government will study lowering the age threshold for such requirement in respect of driving licences for commercial vehicles, as well as increasing the items in the medical examination that an applicant is required to pass?
 
Reply:

President,

     The Government has all along been concerned about the physical health of professional drivers, including drivers of public transport modes, and understands the importance of motorists' health to ensuring safety of road users. All motorists, including professional drivers, have the responsibilities to ensure that they would drive only when they are physically fit to do so and to ascertain their health conditions through health checks based on actual need.

     The basic requirements regarding the health conditions of all motorists are set out in the existing legislation in Hong Kong.  Under the Road Traffic (Driving Licences) Regulations (Law of Hong Kong Cap 374B) ("the Regulations"), an applicant for a driving licence shall, on new application or reissue or renewal, make a declaration in the application form if he is suffering from any disease or physical disability specified in the First Schedule to the Regulations, such as epilepsy, mental disorder and liability to sudden attacks of disabling giddiness due to hypertension or any other cause, which would cause his driving to be a source of danger to the public. The relevant diseases and physical disabilities are listed in Annex I. If, from the declaration so made, it appears to the Commissioner for Transport ("the Commissioner") that the applicant is suffering from the specified disease or physical disability, the Commissioner shall refuse the application.

     It is also stipulated in the Regulations that an applicant aged 70 years or more shall, on new application or renewal of a driving licence, produce a medical examination certificate issued by a registered medical practitioner who is acceptable to the Commissioner not earlier than four months before the application to prove that the applicant is medically fit to drive. The applicant may choose to apply for a driving licence valid for one or three years as stated in the Regulations, which is different from the usual driving licences that are valid for ten years.

     The Transport Department (TD) also reminds public transport operators and drivers' groups to pay attention to the physical health of drivers and to attend regular check-ups.  Drivers should stop driving if feeling unwell while on duty.

     My replies to the three parts of Hon Sin's question are as follows:

(a) The Administration attaches great importance to road and navigation safety of the public transport modes. Through legislation and regulation, public education and regular meetings with the trades, operators are reminded that all professional drivers should pay attention to their physical health. The operators should make suitable arrangements on health checks and health declaration.

     Regarding road-based public transport modes including franchised buses, non-franchised buses and trams, all drivers must be holders of driving licences. They must therefore meet the statutory requirements under the Regulations regarding physical health of driving licence holders that apply to non-professional drivers as well on new application, reissue or renewal of driving licence. For franchised buses, all franchised bus companies have since 2007 required bus captains aged 50 years or more to undergo annual health checks as requested by TD. Items covered include chest examination, eyesight, hearing, diabetes, blood pressure, blood and urine tests. For bus captains aged 60 or more, an electrocardiogram is also required.

     Public transport operators have also laid down certain requirements on physical condition, relevant health declaration and health checks for their drivers/coxswains.  Generally speaking, they request drivers/coxswains to make declaration and seek medical consultation if feeling unwell. Some of them also require drivers/coxswains to declare their health condition before they join the service and to have health checks regularly.  Given their different operational modes, the arrangements in place are not identical.  Relevant details concerning the public transport modes mentioned in part (a) of the question are at Annex II.

(b) There is no definition of "commercial vehicles" in the existing legislation.  According to TD's usual practice, as far as driving licences are concerned, taxis, medium and heavy goods vehicles, private and public light buses, private and public buses, franchised buses, articulated vehicles and special purpose vehicles are generally regarded as "commercial vehicles". At present, there are about 360 000 persons holding driving licences of commercial vehicles. From 2009 to 2011, the number of newly issued driving licences of commercial vehicles are 20,883, 18,614 and 19,539 whereas the number of renewed licences issued are 93,110, 41,231 and 10,009 respectively. The driving licences of commercial vehicles are normally valid for ten years.

     Between 2009 and 2011, in respect of the driving licences of commercial vehicles as mentioned above, TD has refused four applications for new issuance or renewal in 2009, two in 2010, and none in 2011. Except one application in 2010 which was rejected on the ground of not fulfilling the requirement, all the cases mentioned were rejected because the applicants were not medically fit for driving upon their self-declaration.

     Moreover, from 2009 to 2011, according to the statistical analysis conducted by TD based on the information on accidents from the Police, the number of traffic accidents due to sudden sickness of drivers of commercial vehicles during driving with casualties are as follows: 4 accidents in 2009 with 6 persons injured, of whom 3 were severely injured and 3 suffered minor injuries; 5 accidents in 2010 with 7 persons injured, of whom 2 were severely injured and 5 suffered minor injuries; 6 accidents in 2011 with 3 fatalities and 4 injured, of whom 2 were severely injured and 2 suffered minor injuries.

(c) The Administration reviews the Road Traffic Ordinance (Cap 374) and its subsidiary legislation (including requirements on medical examinations) from time to time to ensure that the legislation is able to protect the safety of road users effectively.  Last year, having consulted the Road Safety Research Committee, TD has revised the form of the Medical Examination Report ("the report") to express more clearly the requirements for registered medical practitioners to, before signing the declaration, confirm that the conclusion stated in the report was made after having carried out health check of applicants of driving licences and taken into account all areas that needed to be examined. The new form has been in use since June 2011.

     Concerning the suggestions of lowering the age requirement for submitting the reports by applicants of driving licences of commercial vehicles and increasing the items for medical examination that an applicant is required to pass, we consider that the implications of the suggestions on the community and operation of the trade should be fully examined.  At present, there are about 360,000 persons holding valid driving licences of commercial vehicles, which is far more than the number of respective commercial vehicles (about 80,000 currently). Any amendment to the relevant legislation would affect many driving licence holders of commercial vehicles who are not professional drivers. Therefore, we would first carry out extensive consultation, including with the trade and drivers' groups, make reference to the practices and experience of overseas jurisdictions, and balance the pros and cons before we come to any conclusion.

Ends/Wednesday, December 5, 2012
Issued at HKT 12:17

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