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Following is a question by the Hon Frankie Yick and a written reply by the Secretary for Transport and Housing, Professor Anthony Cheung Bing-leung, in the Legislative Council today (April 29):
Question:
It has been reported that it has become increasingly common among members of the public to call taxis using mobile applications (Apps), and App developers (developers) offer, for the purpose of soliciting business, fare concessions, discounts, cash rebates etc., to attract customers. In this connection, will the Government inform this Council:
(1) as the authorities indicated in reply to a question of a Member of this Council on November 12 last year that under regulation 40 of the Road Traffic (Public Service Vehicles) Regulations, any taxi driver or person who offers a fare discount on his/her own initiative to induce passengers to make use of his/her vehicle is engaging in soliciting activities, irrespective of whether such arrangements are made through Apps, telephone calls or other means, and he/she commits an offence if there is no reasonable excuse, but nothing has been heard so far about the Police issuing warnings or instituting prosecutions against any person for involvement in soliciting activities conducted using Apps, and recently some developers have publicised and promoted their Apps on the streets, whether the authorities will step up law enforcement efforts to curb soliciting activities;
(2) as I have learnt that some developers deposit the fare discounts into passengers' accounts registered on App platforms so as to cover up the illegal acts, whether the authorities will review the existing legislation to plug the loophole; if they will, of the details; if not, the means in place to curb such acts by the authorities; and
(3) whether the authorities will consider reviewing the existing legislation to prohibit drivers from operating their mobile phones with their fingertips or placing several mobile phones on the dashboards while driving, in order to safeguard the safety of passengers and other road users; if they will conduct such a review, of the details and implementation timetable; if not, the reasons for that?
Reply:
President,
My reply to the various parts of the Hon Frankie Yick's question is as follows:
(1) and (2) There are provisions in Regulation 40 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D) (the Regulations) to regulate taxi "soliciting" behaviour. According to this Regulation, no taxi driver or person acting or purporting to act on behalf of a taxi driver shall in any manner attract any person in order to induce such person to make use of the vehicle. Any person convicted of such an offence is liable to a maximum fine of $10,000 and imprisonment for six months. Under the Regulations, any taxi driver or person acting or purporting to act on behalf of a taxi driver who offers a fare discount on his own initiative to induce passengers to make use of his vehicle is engaging in "soliciting" activities, irrespective of whether such arrangements are made through mobile applications (apps), telephone calls or other means. He commits an offence if there is no reasonable excuse.
The Police notice that apps have been used for taxi-hailing. This kind of apps mainly facilitates the communication between passengers and taxi drivers. Using taxi-hailing apps solely for hiring taxi service is not illegal in itself. The Police have reviewed the operational modes of the use of taxi-hailing apps in the market, and consider that there is no clear evidence to show that such apps have been used to attract passengers by offering discounts.
In handling each case of alleged contravention of Regulation 40 of the Regulations, the Police have to take into account all the evidence, including the exact arrangements between the taxi driver and the app developer and/or operator concerned, the extent of knowledge and participation of various parties involved in arranging taxi service through the use of the apps concerned, and other details of the case. Whether prosecution on grounds of "soliciting" can be initiated would depend on whether there is sufficient evidence to prove that the app developer/operator or the taxi driver involved has deliberately offered a fare discount through the apps to attract passengers to use taxi service. Given that the facts of individual cases may vary, consideration has to be made on a case-by-case basis. The Police would decide how a case should be handled having regard to the particular facts of each case. As to whether individual app developer's offer of cash or other benefits to customers for promotional purpose is illegal, the Police are now seeking legal advice.
Meanwhile, the Transport Department (TD) would remind taxi drivers to abide by the law through different channels, such as dissemination of messages in the regular publication "Taxi Newsletter", publicity leaflets and regular meetings with the taxi industry. Moreover, the TD will continue to remind taxi passengers of the legal requirement to pay fares according to the taxi meters. Publicity will be made through for example posting notices in taxi compartments.
(3) Under the Road Traffic (Traffic Control) Regulations (Cap 374G), it is an offence for a driver to use a mobile phone while holding it in his hand or between his head and shoulder if the motor vehicle being driven by him is in motion. Although there is no provision under the existing legislation prohibiting a driver from using his mobile phone through "swiping" while driving or restricting the number of mobile phones mounted on the dashboard of a vehicle, the driver may still be liable to prosecution for "dangerous driving" or "careless driving" offences under the Road Traffic Ordinance (Cap 374) if there is evidence to prove that his driving behaviour is adversely affected by such or related act.
From the road safety perspective, drivers should be attentive and avoid being distracted while driving. Therefore, drivers should avoid using mobile phones while driving. However, in considering whether to further tightening up the control over the use of mobile phones while driving, the Government should carefully assess its impact on drivers as well as enforcement and other related issues. The Government is collecting data for carrying out a study on this subject, including the Police to record the number of mobile phones mounted on the dashboards of vehicles involved in traffic accidents with casualties and the TD to collate overseas information regarding regulation on the use of mobile phones while driving and relevant studies. At the same time, the Government has invited the Road Safety Research Committee under the Road Safety Council to conduct a study in this regard. Upon completion of the study, the Government will consider whether there is a need to further tighten up the control over the use of mobile phones by drivers while driving.
The Road Safety Council, in collaboration with the Police and the TD, has stepped up its publicity and education activities on urging drivers to refrain from using mobile phones while driving, including production and broadcasting of Announcements in the Public Interest, distribution of promotional leaflets, etc., and reminding drivers to be attentive and not to be distracted while driving. The TD also reminds drivers to avoid using mobile phones or other electronic devices while driving through the Road Safety Bulletin distributed to drivers. Besides, the TD will continue to communicate with the transport trades to remind them of the legal requirements and to urge them to refrain from using mobile phones while driving.
Ends/Wednesday, April 29, 2015
Issued at HKT 12:45
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