ROAD TRAFFIC (SAFETY EQUIPMENT) REGULATIONS
Title
ROAD TRAFFIC (SAFETY EQUIPMENT) REGULATIONS
Description
ROAD TRAFFIC SAFETY EQUIPMENT) REGULATIONS
ARRANGEMENT OF REGULATIONS
Regulation .................................... Page
PART I
CITATION AND INTERPRETATION
1. Citation and application .............F2
2. Interpretation .......................F2
PART II
PROTECTIVE HELMETS
3. Drivers and passengers of motor cycles required to wear protective helmets F 3
4. Offence of selling or hiring out protective helmets other than approved
protective helmets .................F 4
5. Seizure, removal and forfeiture of protective helmets other than approved
protective helmets .................F 4
PART III
SEAT BELTS
6. Seat belts and anchorage points ......-- .................................................. F4
7. Drivers and passengers of private cars required to wear seat belts F 5
7A. Drivers and passengers of taxis, light buses and goods vehicles required to
wear seat belts .......................... * * * F 6
8. Circumstances in which regulations 7 and 7A do not apply F 7
PARTIV
FIRE ExTINGUISHERS
9. Fire Extinguishers ...................................................... F 8
PART V
MISCELLANEOUS PROVISIONS AND OFFENCES
10. Power of Commissioner to exempt persons from regulations 3, 7 and 7A F 8
11. Amendment of Schedules ..............F 8
12. Offences .......................F 9
Schedule 1. Approved protective helmets ................................................................... F 9
Schedule 2. Approved seat belts and approved anchorage points ............. F 9
ROAD TRAFFIC (SAFETY EQUIPMENT) REGULATIONS
(Cap. 374, section 10)
[25Augustl984]L.N.302of1984
L.N. 291 of 1983 - R. Ed. 1983; L.N. 37 of 1989
PART 1
CITATION AND INTERPRETATION
1. Citation and application
(1) These regulations may be cited as the Road Traffic (Safety
Equipment) Regulations.
(2) The amendments* made to these regulations by the Road Traffic
(Safety Equipment) (Amendment) Regulations 1989 (L.N. 37 of 1989) do not
apply to goods vehicles until 1 January 1990.
2. Interpretation
In these regulations, unless the context otherwise requires-
'anchorage points', except in relation to seats with integral seat belt
anchorages, means the parts of the vehicle structure to which scat belt
attachments are to be secured;
'approved'-
(a)in relation to anchorage points for a vehicle other than a goods
vehicle means anchorage points of a type conforming with one or
more of the specifications and standards set out in Part 11 of
Schedule 2; (L.N. 37 of 1989)
(b)in relation to a protective helmet means a protective helmet of a
type conforming with one or more of the specifications and
standards set out in Schedule 1; and
(e)in relation to a restraining device for a young person means a
seat belt conforming with the specification and standard for a
restraining device for a young person set out in paragraph (b) of
Part 1 of Schedule 2;
(d)in relation to a seat belt means a seat belt of a type conforming
with one or more of the specifications and standards set out in
Part I of Schedule 2; and
The amen&nents referred to are incorporated in the text. For details see L.N. 37 of 1989.
(e)in relation to anchorage points for a goods vehicle means
anchorage points of a type conforming with one or more of the
specifications and standards set out in Part IV of Schedule 2;
(L.N. 37 of 1989)
'body restraining seat belC means a seat belt designed to provide restraint for
both the upper and lower parts of the trunk of the wearer in the event of an
accident to the vehicle;
'protective helmeC means any form of helmet which is designed, or intended,
to be worn by a person driving, riding in or on, or using, any class of
motor vehicle for the purpose of protecting the wearer against injury;
'seat belC means a seat belt intended to be worn by a person in a vehicle and
designed to prevent or lessen injury to its wearer in the event of an accident
to the vehicle and includes, in the case of a restraining device for a young
person, any special chair to which the belt is attached;
'seat with integral seat belt anchorages' means a seat which is fitted with all the
anchorage points required for use in connection with the seat belt provided
for that seat and which confornis with one or more of the specifications
and standards set out in Part 111 of Schedule 2;
'specified passenger's seaC means-
(a)in the case of a vehicle which has one forward-facing front seat
alongside the driver's seat, that seat;
(b)in the case of a vehicle which has more than one forward-facing
front seat alongside the driver's seat, the one furthest from the
driver's seat; or
(e)in the case of a light bus, other than one to which paragraph (a)
or (b) applies, the forward-facing front seat that is-
(i) forward of the door or opening provided for the entry of
passengers;
(ii) on the side which is further from the driver's seat; and
(iii) closest to the front of the light bus. (L.N. 37 of 1989)
PART 11
PROTECTivE HELMETS
3.Drivers and passengers of motor cycles
required to wear protective helmets
(1) Subject to regulation 10, no person shall drive a motor cycle, or ride
as a passenger on a motor cycle (other than as a passenger seated in a side car
attached thereto), unless he is wearing an approved protective helmet which is
securely fastened to his head.
(2) No person shall drive a motor cycle when there is a passenger (other
than a passenger seated in a side car attached thereto) riding on it who is not
wearing an approved protective helmet securely fastened to his head, unless
such passenger has been exempted from compliance with subregulation (1)
under regulation 10.
4. Ofrence of selling or hiring out protective helmets
other than approved protective helmets
No person shall-
(a) sell or expose for sale;
(b) hire out or expose for hiring out; or
(c) have in his possession for the purpose of selling or hiring out,
any protective helmet other than an approved protective helmet.
5. Seizure, removal and forfeiture of protective helmets
other than approved protective helmets
(1) A police officer of or above the rank of inspector may, if he has
reasonable grounds for believing that any person has in his possession at any
premises or place any protective helmet which is not an approved protective
helmet for the purpose of selling it or hiring it out, enter such premises or place
without a warrant and may seize and remove any such protective helmet:
Provided that no police officer shall enter any domestic premises or
dwelling place for this purpose unless he has first obtained a warrant signed by
a magistrate to enter the domestic premises or dwelling place.
(2) If any person is convicted of an offence for the contravention of
regulation 4 the court may order that any protective helmet (other than an
approved protective helmet) which he has been found to have in his possession
for the purpose of selling it or hiring it out shall be forfeited to the Crown and
shall be disposed of in such manner as the court thinks fit.
PART 111
SEAT BELTS
6. Seat belts and anchorage points
(1) Every vehicle to which this regulation applies shall be provided with
approved anchorage points designed to hold body restraining seat belts securely
in position on the vehicle for-
(a) the driver's seat; and
(b) the specified passenger's scat:
Provided that this subregulation shall not apply so as to require anchorage
points to be provided for any seat which is a seat with integral seat belt anchorages.
(2) Every vehicle to which this regulation applies shall be provided with
an approved seat belt, which shall be a body restraining seat belt, for-
(a) the driver's seat; and
(b) the specified passenger's seat.
(3) Every seat belt provided in pursuance of this regulation shall, if the
seat for which it is provided is a seat with integral seat belt anchorages, be
properly secured to the integral seat belt anchorage points forming part thereof,
or if the seat for which it is provided is not such a seat, be properly secured to*
the structure of the vehicle by the anchorage points provided for it and to any
other anchorage points provided on the seat for it.
(4) Subject to subregulation (5), this regulation shall apply-
(a) to every private car registered on or after 1 August 1976;
(b) to every taxi registered on or after 1 January 1984;
(c)with effect from 1 January 1986, to every taxi registered on or
after 1 January 1981 and before 1 January 1984;
(d) to every light bus; and
(e)to every goods vehicle registered on or after 1 January 1990.
(L.N. 37 of 1989)
.In this subregulation, 'registered' means registered or deemed to be registered
under the Road Traffic (Registration and Licensing of Vehicles) Regulations
(Cap. 374 sub. leg.).
(5)This regulation shall not apply to-
(a) a private car manufactured before 30 June 1964;
(b) a taxi manufactured before 1 January 198 1,
(c) a light bus manufactured before 1 January 1984;
(ca) a goods vehicle manufactured before 1 January 1989; (L.N. 37
of 1989)
(d)a private car, taxi, goods vehicle or light bus while it is being used
under a trade licence issued or deemed to be issued under the
Road Traffic (Registration and Licensing of Vehicles) Regulations
(Cap. 374 sub. leg.); or
(e)a private car, taxi, goods vehicle or light bus fitted with an
alternative passive restraint system, designed to prevent or lessen
injury to the driver and front seat passenger of the vehicle,
approved in writing by the Commissioner. (L.N. 37 of 1989)
7. Drivers and passengers of private
cars required to wear seat belts
(1) Subject to regulations 8 and 10, no person shall-
(a) drive; or
(b) ride as a passenger in the specified passenger's seat of,
a private car to which regulation 6 applies on any road unless he is securely
fastened to his seat by means of an approved seat belt.
(2) Subject to regulations 8 and 10, no person shall ride as a passenger in
a private car to which regulation 6 applies on any road, in a forwarid-facing
front seat alongside the driver's seat which is not the specified passenger's seat
when the specified passenger's seat is not occupied by another person, unless he
is securely fastened to his seat by means of a seat belt which is properly secured
to anchorage points other than on the seat.
(3) Subject to regulation 8, no person shall drive a private car to which
regulation 6 applies on any road-
(a)when there is in a forward-facing front seat of the car alongside
the driver's seat-
(i) a passenger of 2 years of age or less who is not securely
fastened to his seat by means of an approved restraining
device for a young person; or
(ii) a passenger over 2 years of age but under the age of 15 years
who is not securely fastened to his seat by means of a seat
belt which is properly secured to anchorage points other
than on the scat;
(b)when there is in the specified passenger's seat of the car a
passenger who is not securely fastened to his seat by means of an
approved scat belt; or
(c)when there is any passenger in a forward-facing front seat of
the car alongside the driver's seat which is not the specified
passenger's seat and the specified passenger's seat is not occupied
by another person, unless he is securely fastened to his seat by
means of a seat belt which is properly secured to anchorage
points other than on the seat,
unless such passenger has been exempted from compliance with subregulation
(1) or (2) under regulation 10.
(4) Each seat belt in a private car may be used by only one person at a
time and where more than one person is using the same seat belt at the same
time each such person shall be deemed to be not securely fastened to his seat by
means of that seat belt.
(L.N. 37 of 1989)
goods vehicles required to wear seat belts
(1) Subject to regulations 8 and 10, no person shall-
(a) drive; or
(b) ride as a passenger in the specified passenger's seat of,
a taxi, light bus or goods vehicle to which regulation 6 applies, on any road
unless he is securely fastened to his seat by means of an approved scat belt.
(2) Subject to regulations 8 and 10, no person shall ride as a passenger in
a taxi, light bus or goods vehicle to which regulation 6 applies, on any road, in a
forward-facing front scat alongside the driver's seat which is not the specified
passenger's seat when the specified passenger's scat is not occupied by another
person, unless he is securely fastened to his scat by means of a seat belt which is
properly secured to anchorage points other than on the seat.
(3) Subject to regulation 8, no person shall drive a taxi, fight bus or goods
vehicle to which regulation 6 applies, on any road-
(a)when there is in a forward-facing front seat of that taxi, light bus
or goods vehicle alongside the driver's seat-
(i)a passenger of 2 years of age or less who is not securely
fastened to his seat by means of an approved restraining
device for a young person; or
(ii)a passenger over 2 years of age but under the age of 15 years
who is not securely fastened to his seat by means of a seat
belt which is properly secured to anchorage points other
than on the seat;
(b)when there is in the specified passenger's seat of that taxi, fight bus
or goods vehicle a passenger under the age of 15 years who is not
securely fastened to his seat by means of an approved scat belt; or
(c)when there is any passenger under the age of 15 years in a forward-
facing front seat of that taxi, fight bus or goods vehicle alongside
the driver's seat which is not the specified passenger's seat and the
specified passenger's scat is not occupied by another person, unless
he is securely fastened to his scat by means of a seat belt which is
properly secured to anchorage points other than on the seat,
unless such passenger has been exempted under regulation 10 from compliance
with subregulation (1) or (2).
(4) Each seat belt in a taxi, light bus or goods vehicle may be used by only
one person at a time and where more than one person is using the same seat belt
at the same time each such person shall, for the purposes of these regulations,
be deemed to be not securely fastened to his seat by means of that seat belt.
(L.N. 37 of 1989)
8. Circumstances in which regulations 7
and 7A do not apply
Regulations 7 and 7A shall not apply-
(a)to the driver of a private car, taxi, light bus or goods vehicle, as
the case may be, while he is performing a manoeuvre which
includes reversing; and
(b)to a person driving or riding as a passenger in a private car, taxi,
light bus or goods vehicle, as the case may be, to which regulation
6 does not apply by virtue of subregulation (4) or (5) of that
regulation.
(L.N. 37 of 1989)
PART IV
FIRE EXTINGUISHERS
9. Fire Extinguishers
(1) There shall be carried inside every-
(a) bus and light bus;
(b) heavy goods vehicle; and
(c) vehicle whose vehicle licence contains such a requirement,
a suitable apparatus for extinguishing fire.
(2) Such apparatus shall be-
(a) of a type approved by the Director of Fire Services;
(b)carried in such a position as to be readily accessible and available
for use; and
(c) maintained at all times in good and efficient working order.
(3) The Director of Fire Services shall by notice in the Gazette specify the
type of apparatus approved by him for the purposes of subregulation (2)(a).
PART V
MISCELLANEOUS PROVISIONS AND OFFENCES
10.Power of Commissioner to exempt persons
from regulations 3, 7 and 7A
The Commissioner may, on application made to him in such form as he
may determine, exempt any person or any class of persons from compliance
with regulation 3, 7(1) or (2) or 7A(I) or (2) for such period and subject to such
conditions as he may specify in any particular case.
(L.N. 37 of 1989)
11. Amendment of Schedules
The Governor may, by order published in the Gazette, amend Schedules 1
and 2.
12. Offences
(1) Any person who contravenes regulation 3, 4, 7(1) or (2) or 7A(I)
or (2) commits an offence and is liable to a fine of $5,000 and to imprisonment
for 3 months. (L.N. 37 of 1989)
(2) Any person who uses or causes or permits to be used on a road a vehicle
which does not comply with any of the requirements of regulation 6 or 9 commits
an offence and is liable to a fine of $5,000 and to imprisonment for 3 months.
(3) Any driver of-
(a) a private car, who contravenes regulation 7(3); or
(b)a taxi, light bus or goods vehicle, who contravenes regulation
7A(3),
without reasonable excuse, commits an offence and is liable to a fine of $2,000.
(L.N. 37 of 1989)
SCHEDULE 1 [regs. 2 & 111
APPROVED PRoTEcTrvE HELIETS
1. Protective helmets bearing a marking applied by the manufacturer indicating compliance with
the specifications contained in-
(a) British Standard 2495;
(b) Japanese Industrial Standard JIS T 8133-1970;
(c) Australian Standard E 33-1968;
(d) American National Standards Institute Z90.1-1966, Z90.1-1970 and Z90.1-1971;
(e) Institute Belge De Normalization BENOR NBN 626;
(f) Deutsche Normen DIN 4848;
(g) French National Standard A17NOR NFS 72-301;
(h) Dutch National Institute for Road Vehicles TNO;
(i) Snell Memorial Foundation. Standard for Protective Headgear 1970;
(j) Safety Helmet Council of America (SHCA) Certification;
(k) British Standard 5361.
2. Protective helmets of a type approved by the Commissioner, bearing a marking determined by
him indicating that the type of helmet has been accepted as capable of affording to persons riding
motor cycles a degree of protection from injury equal to or greater than that provided by protective
helmets ofthe types specified in paragraph 1.
SCHEDULE 2 [regs. 2 & 111
APPROVED SEAT BELTS AND APPROVED ANCHORAGE POINIS
PART 1
Approved Seat Belts
Scat belts in respect of which either the seat belt assembly or the vehicle is permanently marked
by the manufacturer of the belt or vehicle with the specification number, mark or symbol indicating
compliance with any of the following-
(a)British Standard for Seat Belt Assemblies for Motor Vehicles, namely either B.S.
3254:1960 or B. S. AU 160a;
(b) British Standard for a restraining device for a young person B. S. AU 1 57a;
(c)E.C.E. Regulation No. 16, including Revision 1, made by the Economic Commission
for Europe dated 7 May 1973 and published by the United Nations;
(d) Australian Standards for Seat Belt Assemblies E35:1965, E35:1970 and E35 PT II
(including retractors), 1970, including modifications authorized by Australian Design
Rules No. 4, 4A, 4B and 4Q
(e) New Zealand Specification for Seat Belt Assemblies for Motor Vehicles-NZS
1662:1969;
Federal Motor Vehicle Safety Standard (USA) No. 209;
(g) Japanese Industrial Standard RS D4604:1969 (3 Point belts only).
PART 1I
Approved Anchorage Points for Vehicles other than Goods Vehicles
(L.N. 37 of 1989)
Anchorage points in respect of which either the anchorage or the vehicle is permanently
marked by the manufacturer of the anchorage or the vehicle with the specification number, mark or
symbol indicating compliance with any of the following-
(a) British Standard for Scat Belt Anchorage Points-B.S. AU48:1965;
(b) British Standard for Seat Belt Anchorage Points B.S. AU48al.
(c) Japanese Standard JASO-6602;
(d) Federal Motor Vehicle Safety Standard (USA) No. 210;
(e)E.C.E. Regulation No. 14, including Revision 1, made by the Economic Commission
for Europe dated 30 January 1970 and published by the United Nations;
(f) Australian Design Rule 5A or 5B;
(g)Directive 76/115/EEC, as amended by 82/318/EEC, issued by the European
Economic Community. (L.N. 37 of 1989)
PART III
Seats with Integral Seat Belt Anchorages
Seats with integral seat belt anchorages in respect of which the seat or the vehicle is
permanently marked by the manufacturer with the specification number, mark or symbol indicating
compliance with-
(a) British Standard for seats with Integral Seat Belt Anchorages B.S. AU 140:1967;
(b) British Standard for seats with Integral Seat Belt Anchorages B. S. AU 140a;
(c)E.C.E. Regulation No. 14, including Revision 1, made by the Economic Commission
for Europe dated 30 January 1970 and published by the United Nations;
(d) Australian Design Rule 5A or 5B.
PARTIV
Approved Anchorage Points for Goods Vehicles
Anchorage points in respect of which either the anchorage or the goods vehicle is permanently
marked by the manufacturer of the anchorage or the goods vehicle with the specification number,
mark or symbol indicating compliance with any of the following-
(a)E.C.E. Regulation No. 14, including Revision 1, made by the Economic Commission
for Europe dated 30 January 1970 and published by the United Nations;
(b) Australian Design Rule 32A;
(c)Directive 76/115/ EEC of the European Economic Community, including amendment
82/318/EEC by the same authority.
(L.N. 37 of 1989)
Abstract
Identifier
https://oelawhk.lib.hku.hk/items/show/3403
Edition
1964
Volume
v24
Subsequent Cap No.
374
Number of Pages
10
Files
Collection
Historical Laws of Hong Kong Online
Citation
“ROAD TRAFFIC (SAFETY EQUIPMENT) REGULATIONS,” Historical Laws of Hong Kong Online, accessed November 15, 2024, https://oelawhk.lib.hku.hk/items/show/3403.