ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS
Title
ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS
Description
ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS
ARRANGEMENT OF REGULATIONS
Regulation................................... Page
PART I
PRELPIMNARY
1. Citation ................. ..: - - - - '' - - '' - B3
2. Interpretation ........................... ... ... ... ... ... ... ... B3
3. Exemptions ............................... ... ... ... ... ... ... B4
4. Application to the Crown .............. ... ... ... ... ... ... ... B 4
PART II
DRIVING LICENCES
5. Classification of motor vehicles for issue of driving licences ... ... ... ... B 5
6. Restrictions on issue of driving licences ... ... ... ... ... ... ... ... B 5
7. Age limits .....: ........................ ... ... ... ... ... ... ... B 5
8. Previous experience and driving record ... ... ... ... ... ... ... ... B 6
9. Physical fitness ...................... ... ... ... ... ... ... ... ... B 6
10. Applications for full driving licences ... ... ... ... ... ... ... ... B 8
11. Issue of full driving licences ........ ... ... ... ... ... ... ... B 9
12............................Application for and issue of learners' driving licences ... ... ... ... ... B 10
13.............................Application for and issue of temporary driving licences ... ... ... ... B 11
14. Application for and issue of driving licences for Government vehicles ... B 12
is. Renewal of full driving licence .......... ... ... ... ... ... ... ... ... B 12
16. Renewal of driving licences for Government vehicles ... ... ... ... ... B 13
17. Conditions of driving licences ........... ... ... ... ... . ... ... B 14
18. Notification of change of particulars in driving licences ... ... ... ... B 14
19. Entitlement to drive other classes of vehicle ... ... ... - ... - B 14
20. Cancellation of driving licences ......... ... ... ... ... ... ... ... B 15
PART III
DRIVING INSTRUCTORS, INSTRUCTION AND TESTS
21. Application for driving instructors* licences ... ... ... ... ... ... ... B 15
22.Issue of driving instructors' licences ... ... ... ... ... ... ... ... BIS
23. Renewal of driving instructors' licences ... ... ... ... ... ... ... ... B 16
24. Driving instructors' tests .................. ... ... ... ... ... ... ... B 16
25. Test of continued ability and fitness to give driving instruction ... ... ... B 17
26. Competence to continue as driving instructor B 17
27. Conduct of driving instructions, etc. ... ... ... ... ... ... ... ... ... B 17
28. Cancellation of driving instructors' licences ... ... ... ... ... ... ... ... B 18
29. Authorized examiners ... ... ... ... ... ... ... ... ... ... ... ... B 18
30. Driving under instruction ... ... ... ... ... ... ... ... ... ... ... ... 8 18
31. Application to take a driving test ... ... ... ... ... ... ... ... ... ... B 19
32. Conduct of driving test ... ... ... ... ... ... ... ... ... ... ... ... B 20
33. Passing of driving test ... ... ... ... ... ... ... ... . ... ... B 21
34. Re-testing of driving licence holders . ... ... ... ... ... ... ... ... ... B 21
Regulation Page
PARTIV
PROCEDURE ON DISQUALIFICATION
35. Procedure on disqualification ... ... ... ... ... ... ... ... ... ... ... B 21
PART V
INTERNATIONAL DRIVING PERMITS
36. Application for and issue of international driving permits ... ... ... ... B 22
37. Visiting drivers from abroad ... ... ... ... ... ... ... ... ... ... ... B 22
38. Application of other provisions to visiting drivers ... ... ... ... ... ... B 22
PART VI
MISCELLANEOUS
39. Record of driving licences and permits ... ... ... ... ... ... ... ... ... B 23
40. Fee for record ofconvictions ... ... ... ... ... ... ... ... ... ... ... B 23
41. Withholding of licences and permits ... ... ... ... ... ... ... ... ... B 23
42. Issue of duplicate licences and permits ... ... ... ... ... ... ... ... ... B 23
43. Form of driving licences and permits and photographs ... ... ... ... ... B 24
44. Miscellaneous provisions ... ... ... ... ... ... ... ... ... ... ... ... B 24
45. Appeals ... ... ... ... ... ... ... .. ... ... ... ... ... ... ... B 24
46. 01Tences ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... B 24
47. Revocation ... ... ... . ... ... ... ... ... ... ... ... .. . . ... ... ... B 25
48. Transitional provisions .. . ... ... ... ... ... ... ... ... ... ... ... B 25
First Schedule. Excepted diseases and physical disabilities ... ... ... ... ... ... B 25
Second Schedule. Fees ... ... ... ... ... ... ... . 1 . ... ... ... ... ... ... B 25
Third Schedule. Plate to be displayed by learner drivers ... ... ... ... ... ... ... B 26
Fourth Schedule. List of countries for purposes of regulation 11 (3) ... ... ... ... ... B 26
Fifth Schedule. Conditions of issue of a driving instructor's licence ... ... ... ... B 27
Sixth Schedule. Driving Instructor's test ... ... ... ... ... ... ... ... ... ... B 27
Seventh Schedule. Particulars of record ... ... ... ... ... ... ... ... ... ... ... B 28
Eighth Schedule. Requirements for a driving test ... ... ... ... ... ... ... ... B 28
Ninth Schedule. Forms of international driving permits ... ... ... ... ... ... ... B 29
Tenth Schedule. Transitional provisions ... ... ... ... ... ... ... ... ... ... B 33
Eleventh Schedule. Requirements fora motorcycle driving test B 34
ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS
(Cap. 374, sections 5 and 8)
[25 August 1984.1
PART I
PRELIMINARY
1. These regulations may be cited as the Road Traffic
(Driving Licences) Regulations.
2. In these regulations, unless the context otherwise
requires-
'applicant' means a person who has applied for a driving licence,
driving test driving instructor's licence or permit under these
regulations,Aas the case may be, or for renewal of a driving
licence or driving instructor's licence;
'articulated vehicle' has the meaning assigned to it by regulation 2
.of the Road Traffic (Construction and Maintenance of
Vehicles) Regulations;
'authorized examiner' means a person appointed under regulation
29(1) to be an authorized examiner for the purpose of conduct-
ing driving tests;
'class', when used in relation to a motor vehicle in connexion with
any matter relating to a driving licence, driving test. driving
instructor's licence or permit, means a class of motor vehicle
specified in regulation 5;
'1926 Convention' and '1949 Convention' have the meanings
assigned to them by regulation 2 of the Road Traffic (Registra-
tion and Licensing of Vehicles) Regulations;
'disabled person' means a person who has, under regulation 9,
proved his fitness to drive a private car and who produces to the
Commissioner a certificate, which shall be valid for 3 years
from the date of issue, signed by or on behalf of the Director of
Medical and Health Services stating that such person is suffering
from a permanent disease or physical disability that cause
him considerable difficulty in walking;
'driving instructor' means a person who is the holder of a valid
driving instructor's licence;
'driving instructor's licence' means a driving instructor's licence
issued under regulation 22;
'driving instructor's tesC means a test referred to in regulation 24;
'driving tesC means a test of competence to drive a motor vehicle
, conducted in accordance with regulations 32 and 33;
'full driving licence' means a driving licence other than a learner's
driving licence, temporary driving licence or a driving licence to
drive Government vehicles;
'Government vehicle ' means a vehicle owned by the Government;
'identity document' has the meaning assigned to it by regulation 2
of the Road Traffic (Registration and Licensing of Vehicles)
Regulations;
'international driving permiC means an international driving
permit in Form 1 or 2 of the Ninth Schedule issued under the
authority of a country which is a party to the 1926 Convention,
or the 1949 Convention, or an international driving permit
issued under regulation 36;
learner driver' means a person who is the holder of a valid learner's
driving licence;
learner's driving licence' means a learner's driving licence issued
under regulation 12;
licence holder' means a person to whom a driving licence or
driving instructor's licence has been issued under these regula-
tions so long as such licence remains in force;
'permit' means an international driving permit;
'photograph' means a photograph in accordance with regulation
43(2);
'rigid vehicle' has the meaning assigned to it by regulation 2 of
the Road Traffic (Construction and Maintenance of Vehicles)
Regulations;
'temporary driving licence' means a temporary driving licence
issued under regulation 13;
'visitor' has the meaning assigned to it by regulation 2 of the Road
Traffic (Registration and Licensing of Vehicles) Regulations.
3. The Chief Secretary in his discretion may waive any of
these regulations in respect of the driver of a motor vehicle which is
the property of a foreign government temporarily brought into
Hong Kong for the use of an accredited representative of such
government.
4. (1) Subject to paragraph (2), these regulations shall apply
to persons in the public service of the Crown in the same manner as
Parts V, VII, VIII and XII of the Ordinance are applied under
section 3(1) of the Ordinance to persons in the public service of the
Crown.
(2) These regulations shall not apply to-
(a) any member of Her Majesty's forces;
(b)any member of a civilian component of Her Majesty's
forces;
(e) any person who is employed by Her Majesty's forces; or
(d) any person who is attached to Her Majesty 1 s forces.
when he is driving a vehicle belonging to the Crown in the course of
his duties.
PART 11
DRIVING- LICENCES
5. For the purpose of the issue of driving licences, motor
vehicles shall be divided into the following classes-
(a) private cars;
(b) taxis;
(e) public light buses and private light buses.
(d) public buses and private buses;
(e) light goods vehicles;
(f) medium goods vehicles;
(g) heavy goods vehicles;
(ga) articulated vehicles;
(h) special purpose vehicles;
(i) motor cycles and tricycles,
(j) invalid carriages;
(k) Government vehicles.
6. Without prejudice to the Ordinance or any other provision
of these regulations, the Commissioner shall not issue or renew a
driving licence to a person-
(a)who is the holder of another driving licence issued in Hong
Kong, other than a temporary driving licence, whether
such other driving licence is suspended or not;
(b) who is disqualified.
7. (1) A driving licence entitling the holder thereof to
drive-
(a) a private car;
(b) a light goods vehicle;
(c) a motor cycle and motor tricycle; or
(d) an invalid carriage,
shall not be issued to a person under the age of 18 years.
(2) A driving licence entitling the holder thereof to drive a
motor vehicle of a class other than any class specified in para-
graph (1) shall not be issued to a person under the age of 21 years.
8. (1) Subject to paragraph (4), a person shall not be eligible
for a full driving licence to drive-
(a) a taxi;
(b)a public light bus or private light bus;
(c) a public bus or private bus;
(d) a medium goods vehicle;
(e) a heavy goods vehicle; or
(f) a special purpose vehicle,
unless, at the date of his application for such licence-
(i)he is the holder of a valid full driving licence to drive a
private car or light goods vehicle and, unless exempted by
the Commissioner in writina, has held such a licence for at
c
least 3 years immediately preceding his application; and
(5) he has passed the appropriate driving test.
(2) Subject to paragraph (4), a person shall not be eligible for a
full driving licence to drive an articulated vehicle unless-
(a)he is the holder of a valid full driving licence to drive a
medium goods vehicle or heavy goods vehicle; and
(b) he has passed the appropriate driving test.
(3) A person shall not be eligible for a full driving licence to
drive a motor vehicle referred to in paragraph (1) or (2) if he has
been convicted of an offence under section 36 or 39 of the Ordinance
during the 5 years immediately preceding his application.
(4) The Commissioner may in his discretion take into con-
sideration driving experience gained other than under a driving
licence issued in Hong Kong.
9. (1) On application fora driving licence or renewal thereof,
the applicant shall make a declaration in the application form as to
whether or not he is suffering from any disease or physical disability
specified in the First Schedule, or any other disease or physical
disability which would be liable to cause the driving by him of a
motor vehicle of such class as he would be authorized to drive by the
licence for which he is applying to be a source of danger to the
public.
(2) If. from the declaration in the application form, it appears
to the Commissioner that the applicant is suffering from any disease
or physical disability referred to in paragraph (1), the Commissioner
shall refuse to issue or renew the driving licence:
Provided that-
(a)a driving licence limited to driving an invalid carriage may
be granted or renewed if the Commissioner is satisfied that
the a plicant is fit to drive an invalid carriage:
p L-
(b)the applicant may. except in the case of any disease or
physical disability specified in the First Schedule. claim to
be subjected to a test specified by the Commissioner as to
his fitness or ability to drive a motor vehicle of any such
class as he would be authorized by the driving licence to
drive. and if the applicant passes the test the driving licence
shall not be refused by reason only of the declared disease
or physical disability but may, if the test proves the
applicant's fitness to drive only a motor vehicle of a
particular construction or design. be limited to the driving
of a vehicle of such construction or desien.
(3) If it appears to the Commissioner that there is reason to
believe that any person who holds a driving licence is suffering from
a disease or physical disability liable to cause the driving by him of
a motor vehicle, being a motor vehicle of any; such class as he is
authorized by the driving licence to drive. to be a source of danger to
the public, and after making such inquiry as he considers necessary
the Commissioner is satisfied that the licence holder so suffering
from such disease or physical disability has previously passed a test
under this regulation. the Commissioner, after giving to the licence
holder notice of his intention to cancel the driving licence. may
cancel the driving licence:
Provided that a licence holder. except in the case of any disease
or physical disability specified in the First Schedule, may claim to be
subjected to a test as to his fitness or ability to-
(a)drive a motor vehicle of a particular construction or
design; or
(b) _ drive a motor vehicle of any class he is authorized by the
licence to drive provided he wears suitable spectacles or
other corrective lenses, a hearing aid or other apparatus,
and if he passes the test specified by the Commissioner the driving
licence shall not be cancelled or, if it has already been cancelled, it
shall be returned to the licence holder and the cancellation thereof
shall be rescinded.
(4) The Commissioner may impose on a driving licence the
holder of which has been subjected to a testunder paragraph (3) a
condition that the licence holder shall wear suitable spectacles or
other corrective lenses, a hearing aid or other apparatus while
driving, or may limit the driving licence to the driving of a motor
vehicle of a particular construction or design.
(5) A licence holder whose driving licence is endorsed with a
condition that he shall wear suitable spectacles or other corrective
lenses, a hearing aid or other apparatus when driving shall not drive
without wearing such spectacles or other corrective lenses, hearing
aid or other apparatus.
(6) The Commissioner shall refuse to issue or renew a driving
licence in the case of an applicant, who is 70 years of age or more,
who-
(a)is not medically fit to drive and control a motor vehicle in
the class to which his application relates; or
(b)is not able to read a registration mark at a distance of 23
metres in good daylight (with the aid of spectacles or other
corrective lenses, if worn).
(7) A licence holder who has been given a notice in accordance
with paragraph (3) shall, within 72 hours after receipt of such notice,
surrender his driving licence to the Commissioner for cancellation.
10. (1) A person who wishes to obtain a full driving licence in
respect of any class of motor vehicle shall deliver to the Commis-
sioner an application therefor in a form specified by the Commis-
sioner, signed by the applicant, together with
(a) 2 photographs of himself, and
(b) his identity document.
(2) In addition to making a declaration required by regula-
tion 9(1), the applicant shall state in his application un~er para-
graph (1)-
(a)whether he has held a driving licence issued in Hong Kong
or a driving certificate or driving licence issued in any other
country; and if the applicant has held any such licence or
certificate, he shall also state the class of motor vehicle
which he was permitted to drive under such licence or
certificate;
(b)whether any such licence or certificate held previously has
been endorsed., suspended or cancelled;
(e)whether under regulation 9(2), the Commissioner has at
any time refused to issue him a driving licence or renew his
driving licence., and
(d)whether he is or has at any time been disqualified from
holding or obtaining the driving licence for which he is
applying.
(3) In the case of an applicant for a full driving licence to drive
any class of motor vehicle, where the applicant is 70 years of age or
more, his application under paragraph (1) shall be accompanied by a
certificate by a registered medical practitioner who is acceptable to
the Commissioner that the applicant is medically fit to drive and
control any vehicle in that class and the Commissioner shall satisfy
himself that the applicant is able to read a registration mark at a
distance of 23 metres in good daylight (with the aid of spectacles or
other corrective lenses, if worn).
11. (1) Subject to paragraphs (2), (3)~ (A) and (4) and re-
gulations 6, 7, 8 and 9, the Commissioner shall issue a full driving
licence to an applicant if he has passed, within 3 years prior to the
date of his application, a driving test in respect of the class of motor
vehicle to which his application relates.
(2) The Commissioner shall issue a full driving licence to an
applicant to drive a motor vehicle of the class to which his applica-
tion relates if the applicant holds a valid full driving licence for a
class of motor vehicle which the Commissioner accepts as evidence
of his competence to drive a motor vehicle of the class to which his
application relates.
(3) Subject to paragraph (4), the Commissioner may issue a
full driving licence to an applicant if the Commissioner is satisfied
that-
(a)some time within 3 years before the date on which the
applicant makes the application he had held a driver's
certificate or licence issued by a competent authority in any
country listed in the Fourth Schedule authorizing him to
drive motor vehicles of the class which he would be
authorized to drive by the licence for Which he has applied;
and
(b)the certificate or licence was originally issued to the
applicant after successful completion of a test of com-
petence to drive motor vdhicles of the class or description
concerned conducted by or on behalf of. the competent
authority which issued the certificate or licence: and
(e) (i) the certificate or licence was originally issued to the
applicant during a period of residence of not less than 6
months in the country of issue;
(ii) the certificate or licence was originally issued to the
applicant not less than 5 years immediately prior to the
application; or
(iii) the applicant is the holder of a passport or other
equivalent travel document issued in the country in which
the certificate or licence was issued.
(3A) Subject to paragraph (4), the Commissioner may issue a
full driving licence to an applicant who is a consular officer or
consular employee (as defined in the First Schedule to the Consular
Relations Ordinance) if the Commissioner is satisfied-
(a)that some time within 3 years before the date on which the
applicant makes the application he had held a driver's
certificate or licence issued by a competent authority in
the country of which he is a consular officer or consular
employee authorizing him to drive motor vehicles of the
class which he would be authorized to drive by the licence
for which he has applied; and
(b) as regards the requirements of paragraph (3)(b) and (c)(iii).
(4) No driving licence shall be issued under paragraph (3)
authorizing any person to drive-
(a) a public bus or private bus;
(b) a medium goods vehicle;
(c) a heavy goods vehicle;
(ca) an articulated vehicle. or
(d) a special purpose vehicle.
(5) The Governor may by order published in the GaZette
amend the Fourth Schedule.
(6) A full driving licence may be issued on payment of the fee
prescribed in the Second Schedule, and shall be valid for a period of
one year or 3 years from the date of issue thereof..
Provided that no fee shall be payable in respect of a full driving
licence issued to a disabled person.
(7) The Commissioner shall specify in a full driving licence the
class of motor vehicle, or the type within any class, that the licence
holder is authorized to drive.
12. (1) A person who wishes to obtain a learner's driving
licence in respect of any class of motor vehicl shall deliver to the
Commissioner an application therefor in a form specified by the
Commissioner, signed by the applicant, together with.
(a) 2 photographs of himself; and
(b) his indentity document
(2) Paragraphs (2) and (3) of regulation 10 shall apply to an
applicant for a learner's driving licence to the same extent as those
paragraphs apply to an applicant under paragraph (1) of that
regulation.
(3) On receipt of an application under paragraph (1) and of
the fee prescribed in the Second Schedule, the Commissioner shall,
subject to paragraph (4) and regulation 6, 7 and 9, issue to the
applicant a learner's driving licence in respect of the class of motor
vehicle to which his application relates, valid for 12 months from the
date of issue thereof;
Provided that no fee shall be payable in respect of a learner's
driving licence to drive a private car issued to a disabled person.
(4) The Commissioner may refuse to issue a learner's driving
licence in respect of a motor cycle if the applicant has, during the 12
months immediately proceding his application, been a holder of such
a learner's driving licence and during that period -
(a) has not applied under regulatin 31 for a driving test; or
(b) having so applied for a driving test, has without reasonable
excuse failed to attend for a driving test, or any part
thereof the date and at the time and place notified under
regulation 31.
13. (1) Any person, other than a consular officer or consular
employee to whom regulation 11(3A) applies, arriving in Hong
Kong to take up residence who-
(a)is the holder of a valid driver's certificate or licence issued
outside Hong Kong by a competent authority in any
country not listed in the Fourth Schedule; and
(b)within 3 months after the date of his arrival in Hong Kong,
makes an application under regulation 31 for a driving
test,
may apply to the Commissioner for a temporary driving licence.
(2) Subject to paragraph (3), the Commissioner may issue a
temporary driving licence to an applicant under paragraph (1) if
the Commissioner is satisfied that-
(a)the driver's certificate or licence held by the applicant was
originally issued to him during a period of residence of not
less than 6 months in the country of issue;
(b)the driver's certificate or licence held by the applicant was
originally issued to him not less than 5 years immediately
prior to the application; or
(c)the applicant is the holder of a passport or other equivalent
travel document issued in the country in which the driver's
certificate or licence held by him was issued.
(3) No temporary driving licence shall be issued under this
regulation authorizing any person to drive-
(a) a public bus or private bus;
(b) a medium goods vehicle;
(c) a heavy goods vehicle;
(ca) an articulated vehicle; or
(d) a special purpose vehicle.
(4) An applicant under paragraph (1) shall deliver to the
Commissioner an application in a form specified by the Commis-
sioner', signed by the applicant, together with-
(a) 2 photographs of himself,
(b) his identity document; and
(c) his driver's certificate or licence referred to in paragraph
(5) On receipt of an application under paragraph (4) and of
the fee prescribed in the Second Schedule, the Commissioner may,
subject to paragraphs (2) and (3) and regulations 6, 7 and. 9, issue to
the applicant a temporary driving licence in respect of a vehicle of a
class - which the applicant is authorized by his driver's certificate or
licence to drive, valid until the expiry of his driver's certificate dr
licence or the expiry of 12 months from the date of his arrival in
Hong Kong, whichever occurs first.
(6) The Commissioner may in his discretion extend the validity
of a temporary driving licence for one further period not exceeding
6 months subject to such conditions as he thinks fit.
(7) The Commissioner shall specify in a temporary driving
licence the class of motor vehicle, or the type within any class, that
the licence holder is authorized to drive.
(8) If during the validity of a temporary driving licence the
licence holder fails to pass a driving test, the Commissioner shall
cancel his temporary driving licence from the time which the licence
holder is informed that he has so failed.
(9) On cancellation of a temporary driving licence, the Com-
missioner shall give to the licence holder notice of such cancellation,
and the licence holder shall, within 72 hours after receipt of such
notice, surrender his temporary driving licence to the Commissioner.
14. (1) A person who wishes to obtain a driving licence to
drive Government vehicles shall deliver to the Commissioner an
application therefor in a form specified by the Commissioner, signed
by the applicant, together with-
(a) 2 photographs of himself,
(b) his identity document; and
(c)a valid Government driving permit, or other evidence to
the satisfaction of the Commissioner, specifying the class
of Government vehicle that he is competent to drive.
(2) On receipt of an application under paragraph (1), the
Commissioner shall, subject to regulations 6 and 9, issue a driving
licence to the applicant authorizing him to drive Government
vehicles of the class specified in the licence.
(3) Where an applicant for a driving licence to drive Govern-
ment vehicles is the holder of a valid full driving licence in respect of
any class of vehicle other than Government vehicles, he shall lodge
that licence with the Commissioner at the time of his application
under paragraph (1); and where the Commissioner subsequently
issues to the applicant a driving licence to drive Government
vehicles, he shall endorse it with an endorsement authorizing the
licence holder to drive, in addition to Government vehicles, the class
if vehicle which the full driving licence authorized the licence holder
to drive.
(4) A driving licence issued under paragraph (2) shall be valid
for one year or 3 years from the date of issue.
(5) No fee shall be payable for the issue of a driving licence
under this regulation.
15. (1) Subject to paragraph (3) and regulations 6 and 9, the
Commissioner shall renew a full driving licence on receipt of an
application therefor in a form specified by the Commissioner, signed
by the applicant, together with-
(a) 2 photographs of himself;
(b) his identity document;
(c) the full driving licence held by him; and
(d) the fee prescribed in the Second Schedule:
Provided that no fee shall be payable in respect of the renewal
of a full driving licence held by a disabled person.
(2) A full driving licence may be renewed at any time-
(a)during the period of 4 months before its expiry, such
renewal to be effective from the date of expiry;
(b)within 15 days after the date of its expiry, such renewal to
be effective from the date of expiry;
(c)during the period exceeding 15 days but not exceeding 3
years after its expiry, such renewal to be effective from the
date of renewal.
(3) Before a full driving licence is renewed, where the applicant
is 70 years or more he shall produce to the Commissioner a
certificate referred to in regulation 10(3) and the Commissioner shall
satisfy himself that the applicant is able to read a registration mark
at a distance of 23 metres in good daylight (with the aid of spectacles
or other corrective tenses, if worn).
(4) Where due to circumstances beyond his control the Com-
missioner is unable for the time being to renew a driving licence, the
receipt issued by him for the payment of the renewal fee shall be
deemed for the purposes of these regulations to be a valid driving
licence in place of the driving licence to be renewed, until the driving
licence is renewed or the expiry of a period of 30 days after the issue
of the receipt, whichever is the earlier.
16. (1) Subject to regulations 6 and 9, the Commissioner shall
renew a driving licence to drive Government vehicles on receipt of
an application therefor in a form specified by the Commissioner,
signed.by the applicant, together with-
(a) 2 photographs of himself,
(b) his identity document;
(c)the driving licence to drive Government vehicles held by
him; and
(d)a valid Government driving permit, or other evidence to
the satisfaction of the Commissioner, specifying the class
of Government vehicle that he is competent to drive.
(2) A driving licence to drive Government vehicles may be
renewed free of charge for one year or 3 years from the date of
renewal and any endorsement made by the Commissioner under
regulation 14(3) shall be made on the renewed driving licence.
17. (1) The Commissioner may in his discretion impose con-
ditions on any driving licence whereby the licence is restricted-
(a) to a particular type of vehicle in a class;
(b) to vehicles with automatic transmission; or
(c) as to any other matter which the Commissioner thinks fit.
(2) The Commissioner may vary or cancel any condition
imposed under paragraph (1).
(3) Any condition imposed under paragraph (1) and any
variation thereof shall be endorsed on the driving licence or specified
in writing by the Commissioner at the time when a driving licence is
issued to the applicant.
(4) Except when undergoing a driving test, a licence holder
shall not drive a motor vehicle in contravention of any condition
imposed under paragraph (1).
18. (1) A licence holder shall notify the Commissioner in
writing of any change in the name, address or identity document
specified in the driving licence held by him within 72 hours after such
change.
(2) On receipt of a notice under paragraph (1), the Commis-
sioner shall alter the relevant particulars in the record maintained
under regulation 39.
19. (1) A person who is the holder of a valid driving licence
which entitles him to drive a private car or light goods vehicle shall
by virtue thereof also be entitled to drive a taxi or light bus:
Provided that-
(a)- there is displayed on the front of the vehicle a red plate
showing in white, block letters and characters not less than
75 millimetres high, the words 'OUT OF SERVICE and
the Chinese characters;
(b)other than the driver, the maximum number of persons
carried in the vehicle is one; and
(c)in the case of a taxi, the taximeter indicator is covered in
such manner as not to be visible from outside the taxi.
(2) A person who is the holder of a valid dri ving licence which
entitles him to drive a medium goods vehicle or heavy goods vehicle
shall by virtue thereof also be entitled to drive a taxi, light bus or
bus:
Provided that-
(a)there is displayed on the front of the vehicle a red plate
showing in white, block letters and characters not less than
75 millimetres high, the words 'OUT OF SERVICE' and
the Chinese characters;
(b)other than the driver, the maximum number of persons
carried in the vehicle is-
(i) in the case of a public bus, 4; and
(ii) in any other case, one; and
(e)in the case of a taxi, the taximeter indicator is covered in
such a manner as not to be visible from outside the taxi.
(3) Nothing in this regulation authorizes the use of a motor
vehicle for the carriage of passengers or goods for hire or reward.
. (4) In this regulation '1aximeter indicator' means the taxi-
meter indicator referred to in regulation 42(1) of the Road Traffic
(Construction and Maintenance of Vehicles) Regulations.
20. (1) The Commissioner shall cancel a driving licence if the
licence holder-
(a)does not fulfil the conditions and requirements necessary
for the issue of the driving licence;
(b)is suffering from any disease or physical disability specified
in the First Schedule.
(2) - The Commissioner may cancel a driving licence if the
licence holder contravenes any condition of the licence.
(3) On cancellation of a driving licence the Commissioner
shall give to the person to whom the licence was issued notice of such
cancellation, and such person shall, within,72 hours after receipt of
the notice, surrender his driving licence to the Commissioner.
PART 111
DRIVING INSTRUCTORS, INSTRUCTION AND TESTS
21. A person who wishes to obtain a driving instructor's
licence in respect of any class of motor vehicle shall deliver to the
Commissioner an application therefor in a form specified by the
Commissioner, signed by the applicant, together with-
(a) 2 photographs of himself,
(b) his identity document; and
(c) a full driving licence held by him.
22. (1) Subject to paragraph (2), the Commissioner shall,
on receipt of an application under regulation 21 and of the fee
prescribed in the Second Schedule, issue to the applicant a driving
instructor's licence subject to the conditions set out in the Fifth
Schedule and to any further conditions which the Commissioner
may impose.
~ (2) No person shall be issued a driving instructor's licence-
(a)unless he is the holder of a full driving licence to drive the
class of motor vehicle in respect of which his application
for a driving instructor's licence is made and has held such
a driving licence for a period of at least 3 years immediately
preceding his application;
(b) unless he has passed the driving instructor's test;
(c)if he has been convicted of an offence under section 36
or 39 of the Ordinance during the 5 years immediately
preceding his application.
(3) A driving instructor's licence shall be valid for one year.
23. (1) Subject to paragraph (3), the Commissioner shall
renew a driving instructor's licence on receipt of an application
therefor in a form specified by the Commissioner, signed by the
applicant, together with-
(a) 2 photographs of himself;
(b) his identity document;
(c) the driving instructor's licence held by him;
(d) a full driving licence held by him; and
(e) the fee prescribed in the Second Schedule.
(2) A driving instructor's licence may be renewed at any
time-
(a)during the period of 4 months before its expiry, such
renewal to be effective from the date of expiry;
.(b)within 15 days after the date of its expiry, such renewal to
be effective from the date of expiry;
(c)during the period exceeding 15 days but not exceeding 3
years after its expiry. such renewal to be effective from the
date of renewal.
(3) No driving instructor's licence shall be renewed-
(a)unless the applicant is the holder of a full driving licence to
drive the class of motor vehicle in respect of which his
application for the renewal of the driving instructor's
licence is made;
(b)if the applicant has been convicted of an offence under
section 36 or 39 of the Ordinance since the driving in-
structor's licence was issued to him.
24. (1) A person shall pass a driving instructor's test if he
satisfies the authorized examiner conducting the test of his ability
and fitness to give driving instruction assessed in accordance with
Part I of the Sixth Schedule.
(2) The Commissioner may appoint in writing any authorized
examiner to conduct driving instructor's tests.
(3) The fee prescribed in the Second Schedule shall be payable
for a driving instructor's test.
25. (1) If the Commissioner considers that a driving instructor
should take a test of his continued ability and fitness to give driving
instruction, he shall serve the driving instructor a notice in writing
requiring him to submit himself for such test on a date and at a time
and place specified in the notice. such date to be not less than 14 days
from the date on which the notice is given.
(2) The Commissioner may appoint in writing any authorized
examiner to conduct tests of continued ability and fitness to give
driving instruction.
(3) No fee shall be payable for a test under this regulation.
(4) A driving instructor shall pass a test under this regulation
if he satisfies the authorized examiner conductinc the test of his
ability and fitness to give driving instruction assessed in accordance
with Part II of the Sixth Schedule.
(5) Where a test is to be conducted under this regulation. the
driving instructor shall provide at his own expense for the test a
motor vehicle of the class in respect of which he holds the driving
instructor's licence, and an authorized examiner mas. refuse to
conduct a test where he has reason to suspect that th~ vehicle so
provided is not suitable for the purpose or is not in a good
mechanical condition.
26(1) If an authorized examiner appointed under regulation
25(2) so requires, a driving instructor and a driver shall permit one
or more such authorized examiners to travel in a motor vehicle,
whilst the vehicle is being used by the driving instructor to give
driving instruction to the driver, for the purpose of enabling the
authorized examiner to assess the standard and method of the
driving instruction, and if the authorized examiner concludes that
the driving instructor does not possess the qualities or ability to
continue to be a driving instructor he shall report the matter to the
Commissioner.
27(1) No person shall give driving instruction to any other
person unless -
(a) the person giving the driving instruction is the holder of a
valid driving instructor's licence; and
(b) the person being instructed is the holder of a valid learner's
driving licence.
(2) No driving instructor shall contravene any condition con-
tained in the driving instructor's licence issued to him or give driving
instruction while the person whom he is instructing is acting in
contravention of regulation 30.
(3) A holder of a driving instructor's licence shall maintain a
record, in a form specified by the Commissioner, of all learner
drivers to whom he gives driving instruction, and such record shall
be made available by him for inspection by the Commissioner at any
reasonable time.
28. (1) The Commissioner shall cancel a driving instructor's
licence if the holder thereof-
(a)no longer holds a valid full driving licence to drive the class
of vehicle in respect of which the driving instructor's
licence is issued;
(b)is convicted of an offence under section 36 or 39 of the
Ordinance;
(c)without reasonable excuse fails to submit himself for a test
required under regulation 25 or, having submitted to the
test, does not pass the test; or
(d) contravenes regulation 27:
Provided that in a case of a failure to submit for a test required
under regulation 25 or a contravention of regulation 27, the Com-
missioner may, instead of cancelling a driving instructor's licence,
suspend it for such period as he thinks fit.
(2) On cancellation or suspension of a driving instructor's
licence, the Commissioner shall give to the person whose licence is
cancelled or suspended notice in writing of such cancellation or
suspension, and such person shall. within 72 hours after receipt of
such notice, surrender his driving instructor's licence to the Com-
missioner.
(3) On expiry ofthe period of suspension, a driving instructor's
licence that has been surrendered to the Commissioner under
paragraph (2) shall be returned by the Commissioner to the licence
holder.
29. (1) The Commissioner may appoint in writing any person
to be an authorized examiner for the purpose of conducting driving
tests.
(2) Every driving test shall be conducted by an authorized
examiner.
30. (1) Subject to paragraph (5) and except when undergoing
a driving test, a learner driver shall not drive a motor vehicle unless
he is accompanied by a driving instructor who is the holder of a valid
driving instructor's licence in respect of the class of vehicle specified
in the learner's driving licence.
(2) Subject to paragraph (5), a learner driver when driving a
motor vehicle shall not, unle ' ss otherwise authorized in writing by the
Commissioner, carry any person in or on the vehicle other than a
driving instructor, one other learner driver for the purpose of
receiving driving instruction and one or more authorized examiners.
(3) Subject to paragraph (5), a learner driver shall not drive a
motor vehicle unless the vehicle has-
(a)a handbrake readily accessible to the driving instructor;
and
(b) a plate displayed in accordance with the Third Schedule.
(4) A learner driver shall not drive a motor vehicle except at
such times and in accordance with such conditions as may be
specified in writing by the Commissioner at the time the learner's
driving licence is issued to him.
(5) Paragraphs (1), (2) and (3)(a) shall not apply to a learner
driver when driving a motor cycle, an invalid carriage, or a motor
vehicle designed to carry only a driver.
31. (1) A person who wishes to submit himself for a driving
test shall deliver to the Commissioner an application therefor in a
form specified by the Commissioner, signed by the applicant, and
shall state in the application the class of motor vehicle in respect of
which the driving test is required and the particulars of the learner's
driving licence or temporary driving licence, if any, held by him.
1 (2) Subject to paragraphs (3) and (9), on receipt of an applica-
tion under paragraph (1) and of the fee prescribed in the Second
.Schedule, the Commissioner shall issue to the applicant a driving
test form in a form specified by the Commissioner stating the class of
motor vehicle in respect of which the driving test is to be undergone
and, as soon as is practicable thereafter, shall notify the applicant of
the date, time and place of the driving test.
(3) If an applicant does not hold a learner's driving licence for
the class of motor vehicle in respect of which the driving test is
required, then, unless he holds a temporary driving licence for such
class of motor vehicle, the Commissioner may refuse to issue to him
a driving test form until he holds a learner's driving licence for that
class, and the Commissioner shall notify the applicant of such
refusal and shall state in the notification the reason for such refusal.
(4) No person shall be eligible to take a driving test unless he
holds a valid driving test form.
(5) Notwithstanding any other provision of these regulations,
a valid driving test form shall authorize the holder thereof to drive a
motor vehicle of the class ~pecified in the driving test form issued
under paragraph (2) for the purposes of a driving test.
(6) A driving test form issued under paragraph (2) shall cease
to be valid-
(a)if the holder thereof fails to attend for a driving test on the
date and at the time and place notified under paragraph (2)
unless-
(i) the holder has given not less than 7 days' notice to
the Commissioner of his inability to attend for such test; or
(ii) the Commissioner is satisfied that the holder was
through circumstances beyond his control unable to attend
for such test; or
(b)on the expiration of 18 months after the date on which it
was issued.
(7) If a driving test form continues to be valid by virtue of
paragraph (6)(a)(i) or (ii), the Commissioner shall give reasonable
notice to the holder thereof of the date, time and place of a further
driving test and, if the holder thereof fails to attend for such further
test, paragraph (6) shall apply as if the date, time and place of the
test had been notified under paragraph (2).
(8) The Commissioner may refund the fee paid to him under
paragraph (2) and cancel the driving test form issued by him under
that paragraph if he is satisfied that-
(a)it would not be in the public interest to issue to the holder
thereof a driving licence in respect of the class of vehicle
applied for;
(b)the holder thereof is either ineligible to obtain, or is
disqualified from obtaining or holding, a driving licence; or
(e)the holder thereof has been unable to attend for the test
due to-
(i) the test having been cancelled at short notice by the
Commissioner; or
(ii) other circumstances beyond the control of the
holder thereof.
(9) The Commissioner may waive payment of the fee payable
under paragraph (2) in the case of-
(a) an applicant who is a disabled person; and
(b)an applicant who at the commencement of these regula-
tions holds a valid driving licence that is restricted to the
driving of all goods vehicles and ' to whom paragraph
2(c)(ii) of the Tenth Schedule applies, when he first applies
under this regulation for a driving test in respect of an
articulated vehicle.
32. (1) A driving test may be divided into parts, and, subject
to paragraph (2), no part of a driving test shall be taken until the
applicant for the driving test has passed any preceding part.
(2) The Commissioner may exempt an applicant from any
part of a driving test where he considers the applicant's previous
experience is adequate in that part.
(3) If a learner driver or the holder of a temporary driving
licence has been tested by an authorized examiner and has failed the
driving test, the Commissioner may refuse to permit him to undergo
a further driving test until a day to be fixed by the Commissioner
which shall not be less than 30 days from the day of the previous test.
(4) A person who wishes to undergo a driving test shall
provide at his own expense for the driving test a motor vehicle of the
class specified in the driving test form, and an authorized examiner
may refuse to conduct a test where he has reason to suspect that the
vehicle so provided is not suitable for the purpose or is not in a good
mechanical condition.
(5) While a driving test is being conducted the motor vehicle
used for the purpose of the test shall have a 'Driver on Test' plate
specified by the Commissioner displayed at the front and rear of the
vehicle.
33. A person shall pass a driving test to drive a motor vehicle
of the class specified in the driving test form if he satisfies an
authorized examiner conducting the test that he is able to comply
with the relevant requirements specified in the Eighth Schedule.
34. (1) Where. pursuant to the order of a court a re-testing of
a driving licence holder is required, the Commissioner shall. unless
the licence holder is otherwise disqualified from holding or obtaining
a driving licence, give to the licence holder a notice in writing
requiring him to submit himself for a driving test on the date and at
the time and place specified in the notice, such date to be not less
than 14 days from the date of service of such notice. and shall issue
to the licence holder a driving test form in accordance with regula-
tion 31(2).
(2) No fee shall be payable for a driving test under this
regulation.
PART IV
PROCEDURE ON DISQUALIFICATION
35. (1) Subject to paragraph (2), where, pursuant to section
71 of the Ordinance, a court has forwarded to the Commissioner a
driving licence of a person who has been disqualified. the Commis-
sioner shall withhold the driving licence until-
(a) the expiry of the period of disqualification;
(b)the disqualification is removed under section 72 of the
Ordinance; or
(c) a driving test referred to in regulation 34 is passed,
as the case may be.
(2) Where the disqualification is limited to the driving of
motor vehicles of a certain class or description, the Commissioner
shall cancel the driving licence held by that person and issue to him a
driving licence limited to the driving of motor vehicles of the class or
description for which he is qualified to drive.
PART V
INTERNATIONAL DRIVING PERMITS
36. (1) Any person who wishes to obtain an international
driving permit under the 1926 Convention. or the 1949 Convention,
shall deliver to the Commissioner an application therefor in a form
specified by the Commissioner, signed by the applicant, together
with-
(a) 2 photographs of himself,
(b) his identity document; and
(e) a full driving licence held by him.
(2) On receipt of an application under paragraph (1) and of
the fee prescribed in the Second Schedule. the Commissioner on
being satisfied that the applicant-
(a)is competent to drive a motor vehicle of the class specified
in the application;
(b) is resident in Hong Kong; and
(e)has attained the age of 18 years or. in the case of an
application for an international driving permit in respect
of the driving of a goods vehicle or a bus. has attained the
age of 21 years,
may issue for use outside Hong Kong an international driving
permit in each or either of Form 1 and 2 in the Ninth Schedule.
37. (1) Subject to paragraph (2). a visitor who holds-
(a) a valid international driving permit: or
(b) a valid domestic driving permit or domestic driving licence.
issued in a place outside Hong Kong may drive in Hong Kong.
during the period of 12 months following le date of his last entry
into Hong Kong. a motor vehicle of any class which he is authorized
by that permit or licence to drive notwithstanding that he is not a
holder of a driving licence issued under these regulations, but so long
as he has attained the age specified in regulation 7 for the issue of
such driving licence in respect of the class of motor vehicle.
(2) Paragraph (1) shall not authorize a person to drive a motor
vehicle of any class if he is disqualified from holding or obtaining a
driving licence to drive a motor vehicle of that class.
A. Where, pursuant to section 71 of the Ordinance, a court
has forwarded to the Commissioner an international driving permit,
domestic driving permit or domestic driving licence of a person who
has been disqualified, the Commissioner shall-
(a)record particulars of the disqualification on the permit or
licence:
(b)send the holder*s name and address together with the
particulars of disqualification to the authority by whom
the permit or licence was issued; and
(c)withhold the permit or licence until the holder leaves Hong
.Kong or until the period of disqualification expires,
whichever is the earlier.
PART VI
MISCELLANEOUS
39. The Commissioner shall establish and maintain a record of
the particulars specified in the Seventh Schedule in respect of all
driving licences and permits issued by him and of all disqualifica-
tions from time to time imposed on the holders of driving licences in
respect of which he is given notice under the Ordinance.
40. The fee for the issue of a record of convictions under
section 75(5) of the Ordinance shall be the fee prescribed in the
Second Schedule.
41. (1) If the Commissioner has reasonable cause to believe
that a driving licence. driving instructor's licence or permit is in the
possession of a person other than the person to whom it was issued
he may, by notice in writing served personally or by registered post
on the person in whose possession such a licence or permit is alleged
to be, require him forthwith to deliver the licence or permit to the
Commissioner and such person shall forthwith deliver the licence or
permit to the Commissioner.
(2) The Commissioner shall retain the licence or permit
delivered to him in accordance with paragraph (1) until it is claimed
from him by the person to whom it was issued.
42. (1) If a licence holder or a holder of a permit issued in
Hong Kong satisfies the Commissioner that the licence or-permit has
been lost, destroyed or defaced, the Commissioner, on payment of
the fee prescribed in the Second Schedule, may issue to him a
duplicate licence or permit so marked, and the duplicate licence or
permit shall have the same effect as the original licence or permit.
(2) No person shall apply for a duplicate of a licence or permit
issued under these regulations on the ground that the original licence
or permit is lost or destroyed knowing that such original licence or
lss
ia n
permit has not been lost or destroyed.
(3) The original licence or permit issued under these regula-
tions that has been defaced shall be surrendered to the Commissioner
for cancellation together with the application for a duplicate thereof.
(4) On the issue of a duplicate licence or permit under
paragraph (1), the original licencePr permit shall cease to be valid.
(5) If at any time after the issue of a duplicate licence or permit
under paragraph (1) and during the currency of such duplicate
licence or permit the original licence or permit is found, the person
to whom such original licence or permit was issued shall report the
finding thereof to the Commissioner and shall take all reasonable
steps to obtain possession of it and return it as soon as possible to
the Commissioner for cancellation.
(6) Where due to circumstances beyond his control the Com-
missioner is unable for the time being to issue a duplicate licence or
permit, the receipt issued by him for the payment of the fee for a
duplicate licence or permit shall be deemed for the purposes of these
regulations to be a valid licence or permit in place of the original
licence or permit, until a-duplicate licence or permit is issued or the
expiry of a period of 30 days after the issue of the receipt, whichever
is the earlier.
43. (1) Every driving licence and permit issued under these
regulations shall be in a form specified by the Commissioner and
shall contain such particulars specified in the Seventh Schedule as he
thinks fit.
(2) Any photograph required to be submitted by an applicant
under these regulations shall be a photograph of a reasonable
likeness of the applicant to the satisfaction of the Commissioner and
of a size specified by the Commissioner.
44. (1) Every driving licence. driving instructor*s licence and
permit issued under these regulations shall remain the property of
the Government.
(2) The Commissioner may require the holder of such licence
or permit to return the licence or permit to him at any time.
(3) No such licence or permit shall be altered except by order
of a court or by the Commissioner.
45. If any person is aggrieved by-
(a)the refusal of the Commissioner to issue or renew a driving
licence or driving instructor's licence; or
(b)the cancellation by the Commissioner of a driving licence
or driving instructor's licence,
he may, after giving the Commissioner notice of his intention so to
do, appeal by petition to the Governor in Council and on such
appeal the Governor in Council may make such order as he thinks fit
and any order so made shall be binding on the Commissioner.
46. (1) Any person who without reasonable excuse contra-
venes any of the provisions of. orgy, re:gu' ent under, rSgulation
9(7), 13(9), 18(1), 20(3), 28(2), 41(1), 42(2) or (5) commits an
offence and is liable to a fine of S21,000.
(2) Any person who contravenes any of the provisions of, or
any requirement under. regulation 9(5), 17(4). 19. 27. 30 or 44(3)
commits an offence and is liable in the case of a first conviction to a
fine of $2,000 and to imprisonment for 3 months and in the case of a
second or subsequent conviction to a fine of 55,000 and to imprison-
ment for 6 months.
47. The Road Traffic (Driving Licences) Regulations are
revoked.
4 8. (1) The Tenth Schedule shall have effect for the purposes
of transition to the provisions of these regulations from the provi-
sions of the Road Traffic (Driving Licences) Regulations revoked by
regulation 47 of these regulations and shall be in addition to and
shall not derogate from section 23 of the Interpretation and General
Clauses Ordinance.
(2) The Governor may by order amend the Tenth Schedule.
FIRST SCHEDULE [regs. 9 & 20.]
EXCEPTED DISEASES AND PHYSICAL DISABILITIES
1 Epilepsy.
2.Liability to sudden attacks of disabling giddiness or fainting due to hypertension
or any other cause.
3.Mental disorder for which the applicant for the licence. or. as the case may be.
the holder of the licence is liable to be detained under the Mental Health
Ordinance or is receiving treatment as an in-patient in a mental hospital within
the meaning of that Ordinance.
4 Any condition causing muscular incoordination.
5. Uncontrolled diabetes mellitus.
6.Inability to read at a distance of 23 metres in good daylight (with the aid of
spectacles or other corrective lenses, if worn) a registration mark.
7.Any other disease or disability which is likely to render him incapable of
effectively driving and controlling a motor vehicle or suitably adapted motor
vehicle to which such licence refers without endangering public safety, provided
that deafness shall not of itself be deemed to be any such disability.
SECOND S EDULE [regs. 11(6), 12(3), 13(5),
15(1). 22(1)~ 23(1), 24(3),
31(2), 36(2). 40 & 42(1).]
FEES
Fees for issue or renewal of- $
Full driving licence 150 p.a.
Driving instructor's licence 500 p.a.
Fees for-
Learner's driving licence 300 p.a.
Temporary driving licence 150
Driving test 300
Driving instructor's test 150
Record of convictions 15
International driving permit 50 p.a.
Duplicate licence 50
Duplicate international driving permit 50
THIRD SCHE )ULE [reg. 30(3).]
PLATE TO BE DISPLAYED M' LEARNER DRIVERS
RED
E
E
125 MM RED
200 mm
250 mm
The vehicle shal) haic securch fixed. at th front and rear. a white plate 250
millimetres by 250 millimetres on which shall ippear in red the letter 'L' with arms
200 millimetres long and 25 millimetres in width and within the arms and occupying
an area 125 millimetres hy 125 millimetres shall also appear in red the Chinese
character
FOURTH SCHEDULE [regs. 11 & 13.]
LIST OF COUNTRIES FOR PURPOSES OF REGULATION 11(3)
Australia New Zealand
Austria Nigeria. Federal Republic of
Belgium Norway
Canada Pakistan
China. People Republic of Portugal
Denmark Singapore
France Spain
Germany. Federal Republic of Sweden
India Switzerland
Ireland. Republic of Republic of Sourth Africa
Israel together with S.W. Africa
Italy United Kingdom
Japan together with Alderney (with Channel
Luxembourg Islands). Burmuda. Guernsey. Isle of
Malaysia Man. Jersey
Netherlands United States of America
FIFTH SCHEDULE [reg. 22(1).]
CONDITIONS OF ISSUE OF
A DRIVING INSTRUCTOR's LICENCE
1. A driving instructor's licence is valid only while the holder is in possession of a
valid full driving licence to drive the class of vehicle mentioned in the driving
instructor's licence.
2. A driving instructor shall comply with all the regulations and conditions relating
to the learner's driving licence of the person he is instructing. _
3. A driving instructor shall carry the driving instructor's licence issued to him at all
times when driving instruction is being given and shall when called upon to do
so, produce this licence for inspection by the Commissioner or any police officer
in uniform.
4. No variation shall be made to any part of a driving instructor's licence except by
the Commissioner.
SIXTH SCHEDULE [regs. 24 & 25.1
PART I
DRIVING INSTRUCTOR's TEST
A person shall pass a driving instructor's test if he satisfies the authorized
examiner conducting the test that-
(a) he is fully conversant with-
6) until a Road Users' Code under section 109 ofthe Ordinance is pro-
mulgated, the Ordinance and the regulations made under the Ordinance; or
(ii) after that Code is promulgated. the contents of that Code;
(b)generally, he is competent to drive, without danger to and with due
consideration for other users of the road, a vehicle of the same class or type
as that on which he is tested;
(e) he is able to give correct and adequate driving instruction;
(d)he is fully conversant with the regulations relating to the conduct of driving
instruction and driving under instruction; and
(e)he is fully conversant with the contents of the Fifth Schedule (conditions of
issue of a driving instructor's licence).
PART II
TEST OF CONTINUED ABILITY AND FITNESS TO GIVE
DRIVING INSTRucTION
The following provisions shall apply to such test-
1.The test shall consist of the attendance of an authorized examiner while the
driving instructor is giving driving instruction to a driver, and when
required to do so by the authorized examiner for the purpose ofthe test the
driving instructor shall give such instruction in a motor vehicle on a road.
2.The driving instructor shall be assessed on his instructional ability, and, in
particular, in respect of the following qualities-
(a) his method, clarity, adequacy and correctness of instruction;
(b) his observation and proper correction of the driver's errors;
(C) his manner, patience and tact in dealing with the driver; and
(d) - his ability to inspire confidence.
SEVENTH SCHEDULE [regs. 39 & 43(1).]
PARTICULARS OF RECORD
Driving Licences and Permits:
Holder's surname:
First name (in full):
Chinese commercial code Nos.:
Identity document No.:
Photograph
Licence No.:
Date of issue:
Date of expiry:
Type of licence/permit:
Class of vehicle:
Restrictions:
Additional information to be entered in the record:
Address:
Hong Kong Identity. Card No. or Passport No.:
Date of Birth:
Date of first issue:
Renewals:
Conditions of issue:
Disqualifications:
EIGHTH SCHEDULE [reg. 33.]
REQUIREMENTS FOR A DRIVING TEST
The requirements as to which a candidate for a driving test shall satisy an
authorized examiner shall be that lie is able to-
1 .read at a distance of23 metres in good day . light (xvith the aid of spectacles or
other corrective lenses. if ik orn) a rnotor vehicle reeistration mark:
2. start the engine ofthe xchicle:
3. rnove away, straight ahead or at an angle;
4.overtake, meet or cross the path of other vehicles and take an appropriate
course;
5. turn right and left-hand corners correctly:
6. stop the vehicle on a slope and restart:
7.stop the vehicle in an emergency and normally, and in the latter case to bring
it to rest at an appropriate part ofthe road:
8.drive the vehicle backwards and whilst so doing enter a limited opening
either to the right or to the left:
9.cause the vehicle to face in the opposite direction by the use of forward and
reverse gears:
10,give signals in a clear and unmislakable manner at appropriate times to
indicate his intended action:
11. in the case of a candidate for a driving. test to enabic him to drive a taxi-
(a)demonstrate that he is conversant with the regulations relating to the
use to taxis: and
(b)identity prominent places and the most appropriate routes between
specified locations:
12.in the case of a candidate for a driving test to enable him to drive a public
light bus, private light bus, public bus. private bus medium goods vehicle.
heavy goods vehicle, articulated vehicle. or special purpose vehicle. fulfil
such other requirements as the Commissioner may specify;
13.in the case of a candidate for a driving test to enable him to drive an
articulated vehicle, demonstrate his knowledge of uncoupling and recoup-
ling a semi-trailer including-
(a)in the case of uncoupling. secure the trailer brake in the 'on' position.
lower the front trailer legs (or wheels) and lock them in position, release
the braking and electrical connexions, release the coupling and drive
the tractive unit away; and
(b)in the case of recoupling, reverse the tractive unit into the coupling
position, ensure that the unit is securely coupled by attempting to move
forward with the parking brake applied. connect braking and electrical
connexions, secure front trailer legs (or wheels) in the up position
and release the trailer parking brake.
14. demonstrate that he is fully conversant with-
(a)until a Road Users' Code under section 109 of the Ordinance is
promulgated. the Ordinance and the regulations made under the
Ordinance; or
(b) after that Code is promulgated. the contents of that Code:
15.generally. demonstrate that he is competent to drive. without danger to and
with due consideration for other users of the road. a vehicle of the same class
or type as that on which he is tested:
16.comply with such other requirements as the Commissioner may notify in
writing generally or at the time that an application is made for a driving iest.
NINTH SCHEDULE [regs. 2 & 36(2).]
FORM 1
INTERNATIONAL DRIVING PERMIT UNDER 1949 CONVENTION
Page 1
HONG KONG*
International Motor Traffic
INTERNATIONAL DRIVING PERMIT
Convention on International Road Traffic of 1949
Issued at ...................................................................................................
...........Seal or
Date ......................................................................................................... Stamp
of
.........authority
Signature or seal of issuing authority
Page 2
This permit is valid in the territory of all the Contracting States, with the
exception of the territory of the Contracting State where issued, for the period of one
year from the date of issue, for the driving of vehicles included in the category or
categories mentioned on the last page of this permit.
List of Contracting States (optional)
It is understood that this permit shall in no way affect the obligation of the holder
to conform strictly to the laws and regulations relating to residence or to the exercise
of a profession which are in force in each country through which he travels.
*In a permit issued by some other country the name of that country ill appear instead and pages 1 and 2
will be drawn up in the language of that country.
PART I
Last page
Particulars concerning the Driver:
Surname 1
Other names* 2
Place of birth** 3
Date of birth*** 4
Permanent place of residence 5
Vehicles for which the permit is valid:
Motor cycles, with or without side-car, invalid carriages and three wheeled
motor vehicles with an unladen weight not exceeding 400 kg. A
Motor vehicles used for the transport of passengers and comprising, in
addition to the driver's seat, at most eight seats, or those used for the transport
of goods and having a permissible maximum weight not exceeding 3 500 kg.
Vehicles in this category may be coupled with a light trailer. B
Motor vehicles used for the transport of goods and of which the permissible
maximum weight exceeds 3 500 kg. Vehicles in this category may be coupled
with a light trailer. c
Motor vehicles used for the transport of passengers and comprising, in
addition to the driver's seat, more than eight seats. Vehicles in this category
may be coupled with a light trailer. D
Motor vehicles of categories, B. C or D as authorized above, with other than a
light trailer.
---Permissiblemaximum weight- of a vehicle means the weight of the vehicle and
its maximum load when the vehicle is ready for the road.
---Maximumload--- means the weight of the load declared permissible by the
competent authority, of the country of registration of the vehicle.
-Light trailers--- shall be those of a permissible maximum weight not exceeding
750 kg.
EXCLUSION
Holder of this permit is deprived of the right to drive in (country) ............................
...................................................................................................................................
................................................................................................. 1
by reason ....................................................................................................................
..................................
Place ........................................................................................................
Seal or
stamp of Date .........................................................................................................
authority
Signature .................................................................................................
Should the above space be already filled, use any other space provided for
Exclusions: (countries I-VIII).
The entire last page (Parts 1 and II) shall be drawn up in French.
Additional pages shall repeat in other languages the text of Part 1 of the last
page. They shall be drawn up in English. Russian. Chinese and Spanish. and other
languages may be added.
PART 11
. ............................................................................................
.................................
2 . ....................1
3 . .............................................................................................................................
4 . ..............................1 .1 ...
5 . .............................................................................................................................
A Seal or
stamp of
authority
B Seal or Photograph
stamp of
authority
c Seal or Seal or
stamp of stamp of
authority autD Seal or
stamp of
authority
E Seal or
stamp of
authority ..................................................
Signature of'liol(ler****
EXCLUSIONS
(countries)
.................................................. .... v
........................................................ VI
........................................................ VII
IV ............... VIII
Father's or husband's name may, be inserted.
If knox~ n.
Or approximate age on date ofissue.
Or thumb impression.
FORM 2
INTERNATIONAL DRIVING PERMIT UNDER 1926 CONVENTION
Page 1
HONG KONG*
International Motor Traffic
INTERNATIONAL DRIVING PERMIT
International Convention of April 24th. 1926
ISSUE OF PERMIT
Issued at .....................................................................................................................
Date ......................................................... 1
Seal of
authority Signature Of iSSUing AuthoritY
Page 2
The present permit is valid in the territory of all the undermentioned Contracting
States for the period of one year from the date of issue for the driving of vehicles
included in the category or categories mentioned on p.**
Here insert list of Contracting States.
It is understood that this permit in no way diminishes the obligation of the holder
to conform strictly to the laws and regulations relating to residence or to the exercise
of a profession which are in force in each country through which he travels.
Page 3
PARTICULARS CONCERMNG THE DRIVER
Photograph
Seal of
authority
Surname .............................(1)
Other names .........................(2)
Place of birth ......................(3)
Date of birth .......................(4)
Home address ........................(5)
In a permit issued by some other country the name of that country will appear instead and the permit will
be drawn up in the languye of that country
This should be a reference to the last page ofthe perniii.
Page 4
(Name of country)
EXCLUSION
M. (surname and other names) ...........................................................................
authorized as abox c b\! the authority of (countn.) .....................................................
is deprived of the right to drix c in (countr\ ) .......................
by. reason of ................................................................................................................
. ........................................................
Seal ofDau . .........................................................
authoritv
Page 5 and 1'ollox\iti,-, pages should repeat the particulars given on page 3
translated into as niam laiiLu~iLcs as ma\ be necessar\ to enable the International
Permit to be used in all the ContractiriL States mentioned on page 2.
Here begin last page.
All) B(2) Q3)
Seal of Seal of Seal of
authority authority authority
1) A Motor vehicles of which the laden weicht does not exceed-
3 500 kg
(In all languages)
(2) B Motor vehicles of ik hich i he laden xi,ei,-ht exceeds-
3 500 kg
(In all languages)
(3) C Motor cycles, with or without side-car.
(In all languages)
(1) .............................................................................................................................
(2) .............................................................................................................................
(3)............................................................................ ............. ...................... --- ~
(4)............................................................................
................................................................
(5)..............................................................................................................................
TENTH SCHEDULE [reg. 48.1
TRANSITIONAL PROVISIONS
1 . Subject to paragraph 2, a driving licence (other than a provisional licence or
temporary driving licence), provisional licence, temporary driving licence and a
driving licence to drive Government vehicles, or a duplicate of any such licence, issued
under the Road Traffic (Driving Licences) Regulations revoked by regulation 47 of
these regulations (hereinafter referred to as the -revoked regulations-) shall. if the
licence is valid at the commencement of these regulations. be deemed to be a full
driving licence, learner's driving licence. temporary driving licence and a driving
licence to drive Government vehicles respectively under these regulations. subject to
any restriction with respect to the driving of any class of motor vehicle and to any
requirement or condition specified on such licence.
2. Any licence referred to in paragraph 1 issued under the revoked regulations
that is restricted to the driving of-
(a)Hong Kong and Kowloon taxis or New Territories taxis shall, for the
purposes of these regulations. be deemed to be a licence restricted to the
driving of taxis;
(b)omnibuses shall, for the purposes of these regulations. be deemed to be a
licence restricted to the driving of buses:
(c) all goods vehicles shall. for the purposes of these regulations-
(i) be deemed to be a licence restricted to the driving of light goods
vehicles, medium goods vehicles and heavy goods vehicles;
(ii) entitlp the holder thereof to drive articulated vehicles during the
period of 3 years immediately after the commencement of these regulations.
but where the all goods vehicles driving licence expires within such period of
3 years and if the holder thereof is issued with a medium or heavy goods
Vehicles driving licence under these regulations the medium or heavy goods
vehicles driving licence shall entitle the holder th eof to drive articulated
vehicles during the remainder of such period of 3 years: and
(cl)goods vehicles under 45 cw t. weight unladen shall. for-the purposes of these
regulations. be deemed to be a licence restricted to the driving of light goods
vehicles.
3. A driving test form issued under the revoked regulations shall. if the driving
test form is valid at the commencement of these regulations, be deemed to be a driving
test form issued under these regulations.
-4. A person who has passed a driving test, instructor's test or any other test
under the revoked regulations shall be deemed to have passed a driving test, driving
instructor's test or other corresponding test under these regulations.
5. An instructor's licence, or a duplicate thereof. issued under the revoked
regulations shall, if the licence is valid at the commencement of these regulations, be
deemed to be a driving instructor's licence under these regulations in respect of the
class of vehicle and subject to any condition specified in the licence.
6~ An international driving permit issued under the Road Traffic (Inter-
national Circulation) Regulations revoked by the Road Traffic (Registration and
Licensing of Vehicles) Regulations shall, if the permit is valid at the commencement
of these regulations, be deemed to be an international driving permit under these
regulations, subject to any restriction with respect to the driving of any class of motor
vehicle and to any condition specified on such permit.
7. A record of driving licences and disqualifications maintained by the Com-
missioner under the revoked regulations at the commencement of these regulations
shall be deemed to be a record of driving licences and disqualifications maintained by
the Commissioner under these regulations.
8. Without prejudice to any other provision of this Schedule, in so far as any
application, determination or decision made or having effect as if made, direction or
notice issued, given or delivered or having effect as if issued, given or delivered,
condition imposed or having effect as if imposed, fee paid, exemption made. or other
thing done or having effect as if done, under the revoked Road Traffic (Driving
Licences) Regulations or Road Traffic (International Circulation) Regulations could
have been made, issued, given, delivered, imposed. paid or done under a correspon-
ding provision of these regulations it shall not be invalidated by the revocation of
such regulations, but shall have effect as if made, issued, given. delivered, imposed,
paid or done under that corresponding provision.
9. Where any enactment or document refers, whether specifically or by means
of a general description, to the revoked regulations referred to in paragraph 8 or is to
be construed as so referring, the reference shall, except where the context otherwise
requires, be construed as, or including, a reference to the corresponding provision of
these regulations.
10. Without prejudice to paragraph 7, any record kept under the revoked
regulations referred to in paragraph 8 shall be deemed to form part of the record kept
under the corresponding provisions of these regulations.
L.N. 287/83. L.N. 259/84. L.N. 298.84. Citation. Interpretation. (Cap. 374. Sub. leg.) L.N. 259/84. (Cap. 374, sub. Leg.) (Cap. 374, sub. leg.) Ninth Schedule. L.N. 259/84. (Cap. 374, sub. leg.) (Cap. 374, sub. leg) Exemptions. Application to the Crown. Classification of motor vehicles for issue of driving licences. L.N. 259/84. L.N. 259/84. Restrictions on issue of driving licences. Age limits. previous experience and driving record. L.N. 259/84. Physical fitness. First Schedule. First Schedule. First Schedule. Applications for full driving licences. issue of full driving licences. L.N. 259/84. Fourth Schedule. L.N. 259/84. L.N. 259/84. (Cap. 259.) L.N. 259/84. L.N. 259/84. Fourth Schedule. Second Schedule. Application for and issue of learners' driving licences. Second Schedule. Application for and issue of driving licences for Government vehicles. Renewal of full driving licence. Second Sschedule. Renewal of driving licences for Government vehicles. Conditions of driving licences. Notification of change particulars in driving licences. Entitlement to drive other classes of vehicle. L.N. 259/84. L.N. 259/84. L.N. 259/84. (Cap. 374, sub. leg.) Cancellation of driving licences. First Schedule. Application for driving instructors' licences. Issue of driving instructors' licences. Second Schedule. Fifth Schedule. Renewal of driving instructors' licences. Second Schedule. Driving instructors' tests. Sixth Schedule. Second Schedule. Test of continued ability and fitness to give driving instruction. Sixth Schedule. Competence to continue as driving instructor. Cancellation of driving instructors' licences. Authorized examiners. Driving under instruction. Third Schedule. Application to take a driving test. Second Schedule. L.N. 259/84. Tenth Schedule. Conduct of driving test. Passing of driving test. Eighth Schedule. Re-testing of driving licence holders. Procedure on disqualification. Application for and issue of international driving permits. L.N. 259/84. Second Schedule. Ninth Schedule. Visiting drivers from abroad. Application of other provisions to visiting drivers. Record of driving licences and permits. Seventh Schedule. Fee for record of convictions. Second Schedule. Withholding of licences and permits. Issue of duplicate licences and permits. Second schedule. Form of driving licences and permits and photographs. Seventh Schedule. Miscellaneous provision. Appeals. Offences. Revocation (Cap. 220, sub. leg., 1982 Ed.) Transitional provisions. Tenth Schedule (Cap. 220, sub. Leg., 1982 Ed.) (Cap.1.) (Cap. 136.) L.N. 259/84. L.N. 259/84. L.N. 259/84. L.N. 259/84. L.N. 259/84. L.N. 259/84. (Cap. 220, sub. leg., 1982 Ed.) L.N. 259/84. L.N. 259/84. (Cap. 220, sub. leg., 1969 Ed.) (Cap. 374, sub. leg.) (Cap. 220, sub. leg., 1982 Ed.) (Cap. 220, sub. leg., 1969 Ed.)
Abstract
L.N. 287/83. L.N. 259/84. L.N. 298.84. Citation. Interpretation. (Cap. 374. Sub. leg.) L.N. 259/84. (Cap. 374, sub. Leg.) (Cap. 374, sub. leg.) Ninth Schedule. L.N. 259/84. (Cap. 374, sub. leg.) (Cap. 374, sub. leg) Exemptions. Application to the Crown. Classification of motor vehicles for issue of driving licences. L.N. 259/84. L.N. 259/84. Restrictions on issue of driving licences. Age limits. previous experience and driving record. L.N. 259/84. Physical fitness. First Schedule. First Schedule. First Schedule. Applications for full driving licences. issue of full driving licences. L.N. 259/84. Fourth Schedule. L.N. 259/84. L.N. 259/84. (Cap. 259.) L.N. 259/84. L.N. 259/84. Fourth Schedule. Second Schedule. Application for and issue of learners' driving licences. Second Schedule. Application for and issue of driving licences for Government vehicles. Renewal of full driving licence. Second Sschedule. Renewal of driving licences for Government vehicles. Conditions of driving licences. Notification of change particulars in driving licences. Entitlement to drive other classes of vehicle. L.N. 259/84. L.N. 259/84. L.N. 259/84. (Cap. 374, sub. leg.) Cancellation of driving licences. First Schedule. Application for driving instructors' licences. Issue of driving instructors' licences. Second Schedule. Fifth Schedule. Renewal of driving instructors' licences. Second Schedule. Driving instructors' tests. Sixth Schedule. Second Schedule. Test of continued ability and fitness to give driving instruction. Sixth Schedule. Competence to continue as driving instructor. Cancellation of driving instructors' licences. Authorized examiners. Driving under instruction. Third Schedule. Application to take a driving test. Second Schedule. L.N. 259/84. Tenth Schedule. Conduct of driving test. Passing of driving test. Eighth Schedule. Re-testing of driving licence holders. Procedure on disqualification. Application for and issue of international driving permits. L.N. 259/84. Second Schedule. Ninth Schedule. Visiting drivers from abroad. Application of other provisions to visiting drivers. Record of driving licences and permits. Seventh Schedule. Fee for record of convictions. Second Schedule. Withholding of licences and permits. Issue of duplicate licences and permits. Second schedule. Form of driving licences and permits and photographs. Seventh Schedule. Miscellaneous provision. Appeals. Offences. Revocation (Cap. 220, sub. leg., 1982 Ed.) Transitional provisions. Tenth Schedule (Cap. 220, sub. Leg., 1982 Ed.) (Cap.1.) (Cap. 136.) L.N. 259/84. L.N. 259/84. L.N. 259/84. L.N. 259/84. L.N. 259/84. L.N. 259/84. (Cap. 220, sub. leg., 1982 Ed.) L.N. 259/84. L.N. 259/84. (Cap. 220, sub. leg., 1969 Ed.) (Cap. 374, sub. leg.) (Cap. 220, sub. leg., 1982 Ed.) (Cap. 220, sub. leg., 1969 Ed.)
Identifier
https://oelawhk.lib.hku.hk/items/show/3399
Edition
1964
Volume
v24
Subsequent Cap No.
374
Number of Pages
34
Files
Collection
Historical Laws of Hong Kong Online
Citation
“ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS,” Historical Laws of Hong Kong Online, accessed November 15, 2024, https://oelawhk.lib.hku.hk/items/show/3399.