ROAD TRAFFIC (VILLAGE VEHICLES) REGULATIONS

ROAD TRAFFIC (VILLAGE VEHICLES) REGULATIONS

ROAD TRAIWIC (VILLAGE VEHICLES) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page
1. Citation ...........................Q 2
2. Interpretation .....................Q 2
3. Application ........................Q 2
4. Application for and issue of permit Q 2
5. Form and particulars of permit ........................................................... Q 3
6. Duplicate permit ....................Q 3
7. Fees for permit .....................Q 4
8. Limit on number of permits ........................ Q 4
9. Permit subject to conditions ........ Q 4
10. Validity of permit ................. Q 5
11. Renewal of permit ..................Q 5
12. Cancellation of permit ............. Q 5
13. Notification of change of ownership Q 6
14. Permit to be produced .............. Q 6
15. Display of permit number ........... Q 6
16. Equipment to be fitted on vehicles . Q 7
17. Alterations to vehicle .................................................................. Q 7
18. Restrictions on vehicle use ........ Q 7
19. Vehicle examiners ..................Q 8
20. Examination of vehicles ................................................................. Q 8
21. Powers of a vehicle examiner .......- Q 9
22. Examination of vehicle on a road and removal to police station Q 9
23. Copies of permit to be received in evidence Q10
24. Exemptions ..........................Q 10
25. Forms ...............................Q10
26. (Spent) .............................Q10
Schedule 1. Particulars to be Contained in a Permit Q 10
Schedule2. Permit Fees ..................Q10





ROAD TRAFFIC (VILLAGE VEHICLES) REGULATIONS
(Cap. 374, section 12A)
[2 February 19871

L.N. 161 of 1986-R. Ed. 1986; L.N. 24 of 1989.4~v.~011.?0

1. Citation

These regulations may be cited as the Road Traffic (Village Vehicles)
Regulations.

2. Interpretation

In these regulations, unless the context otherwise requires-
'permit' means a permit issued under regulation 4 in respect of a village
vehicle;
vehicle examiner' means a person appointed as a vehicle examiner under
regulation 19.

3. Application

(1) Except as provided in subregulation (2) these regulations shall not
apply to Government village vehicles.
(2) Regulations 16 and 18 (except regulation 18 (1) and (2) ) shall apply to
and in relation to Government village vehicles and for the purpose of
proceedings for an offence in connection with any such vehicle against any
person other than the driver of the vehicle the person nominated in that behalf
by the Government department in whose service the vehicle is used shall be
deemed to be the person actually responsible unless it is shown to the
satisfaction of the court or magistrate that only the driver was responsible.

4. Application for and issue of permit

(1) Subject to this regulation and to regulation 8 the Commissioner may
issue a permit to the owner of a village vehicle authorizing the driving or use of
the vehicle on roads.
(2) An application for a permit shall be made by the owner of the vehicle
to the Commissioner in the specified form.
(3) An application for a permit shall include a certification by the owner
of the vehicle that-





(a) the overall length of the vehicle does not exceed 3.2 in;
(b) the overall width of the vehicle does not exceed 1.2 m;
(c) the vehicle is equipped with-
(i) an adequate braking system capable of being applied when
the vehicle is in motion for the purpose of stopping it, and of
holding the vehicle immobile;
(ii) a warning instrument capable of audibly signalling the
approach and presence of the vehicle; and
(iii) a silencer, expansion chamber or other device suitable and
sufficient for reducing, as far as may be reasonable, the noise
caused by the escape of exhaust gases from the engine;
(L.N. 24 of 1989)
(d) the vehicle is so constructed as to render it safe to carry any load
that it may reasonably be required to carry; and (L.N. 24 of
1989)
(e) in the case of a golf cart, it is so constructed as to render it safe to
carry any passengers that it may reasonably be required to carry.
(L.N. 24 of 1989)
(4) An application for a permit shall be accompanied by a policy of
insurance in respect of the vehicle in the name of the owner which is valid on
the day on which the permit is to become operative.
(5) For the purposes of subregulation (4) 'policy of insurance' means a
policy of insurance, or a security, in respect of third party risks as required by
the Motor Vehicles Insurance (Third Party Risks) Ordinance (Cap. 272).
(6) Without prejudice to the generality of the Commissioner's discretion
under the Ordinance or these regulations, the Commissioner shall refuse to
issue a permit in respect of a village vehicle if-
(a) subregulations (2), (3) and (4) are not complied with in respect of
the application;
(b) the vehicle is found on examination not to be equipped or
constructed in the manner specified by regulation 16(1).
(7) Where the Commissioner refuses to issue a permit he shall give the
owner of the vehicle notice in writing, either personally or by registered post, of
his refusal and inform him of the reasons therefor.

5. Form and particulars of permit

A permit shall be in a form specified by the Commissioner and shall
contain the particulars prescribed in Schedule 1.

6. Duplicate permit

The Commissioner may, where a permit is lost, defaced or destroyed, issue





a duplicate permit in place thereof, and the duplicate permit so issued shall have
the same effect as the original permit.

7. Fees for permit

The fees prescribed in Schedule 2 shall be payable upon the issue of a
permit and a duplicate permit.

8. Limit on number of permits

(1) The Commissioner may limit the number of permits which will at any
time be issued by him either generally or by reference to one or both of the
following-
(a) the type of village vehicle; or
(b) any area of Hong Kong.
(2) Notice of a limit imposed under subregulation (1) shall be published in
the Gazette.
(3) A limit imposed under subregulation (1) shall not affect any permit in
force when the limit takes effect.

9. Permit subject to conditions

(1) Every permit issued in respect of a village vehicle shall be subject to a
condition that the owner and the driver of the vehicle shall at all times comply
with the Ordinance and these regulations.
(2) A permit issued in respect of a village vehicle may be issued subject to
such other conditions as the Commissioner thinks fit and as are specified by
him in the permit including, without limiting the generality of the foregoing,
conditions as to-
(a)the size, weight and shape of any load which may be carried on
the vehicle;
(b)the safety precautions to be taken in securing a load on the
vehicle;
(c) the roads on which the vehicle may or may not be driven or used;
(d)the times and days during which the vehicle may or may not be
driven or used;
(e)the place where the vehicle will be kept when not being driven or
used;
(f) the construction of the vehicle and its equipment;
(g)in the case of a golf cart, the maximum number of passengers
which may be carried on the vehicle. (L.N. 24 of 1989)
(3) The Commissioner may at any time add to, vary or revoke any
conditions specified by him under subregulation (2) and shall specify any new
or varied conditions on the permit.





10. Validity of permit

A permit issued in respect of a village vehicle ceases to be valid-
(a)upon the expiry of one year less one day after the date of its
issue or last renewal, as the case may be, unless renewed under
regulation 11;
(b)if the owner of the vehicle transfers or otherwise parts with or
disposes of the vehicle to any other person;
(c) if the vehicle is abandoned or destroyed; or
(d) if the permit is cancelled under regulation 12.

11. Renewal of permit

(1) Subject to subregulations (2) and (3) the Commissioner may, upon
application to him by the owner in the specified form, renew a valid permit in
respect of a village vehicle.
(2) Regulation 4(3), (4), (5), (6) and (7) shall apply to an application
to renew a permit as they apply to an application for a permit under that
regulation.
(3) Without prejudice to subregulation (2), the Cornmissioner may refuse
to renew a permit if the owner or driver of the village vehicle has, since the
permit was issued or was last renewed, as the case may be-
(a)been convicted of an offence under the Ordinance or these
regulations in respect of. the vehicle; or
(b)contravened any condition of the permit, whether or not any
person has been prosecuted for the contravention.
(4) The fees prescribed in Schedule 2 shall be payable on the renewal of a
permit.

12. Cancellation of permit

(1) The Commissioner may cancel a permit issued in respect of a village
vehicle if-
(a) the owner or driver of the vehicle-
(i) is convicted of an ofrence under the Ordinance or these
regulations in respect of the vehicle; or
(ii) contravenes a condition of the permit, whether or not any
person is prosecuted for the contravention; or
(b)the vehicle is found on examination not to be equipped or
constructed in the manner specified by regulation 16(1).
(2) Notice in writing of the cancellation of a permit shall be served, either
personally or by registered post, on the owner of the vehicle, and the notice
shall require the return of the permit forthwith to the Commissioner.





(3) An owner who, without reasonable excuse, fails to comply with a
notice served on him under subregulation (2) commits an ofrence and is liable to
a fine of $1,000.

13. Notification of change of ownership

(1) The owner of a village vehicle in respect of which a permit has been
issued shall, if-
(a)he transfers or otherwise parts with or disposes of the vehicle to
any other person; or
(b) the vehicle is abandoned or destroyed,
within 7 days thereafter inform the Commissioner, giving such details as the
Commissioner may specify, and shall at the same time return the permit to the
Commissioner.
(2) An owner who, without reasonable excuse, contravenes subregula-
tion (1) commits an offence and is liable to a fine of $ 1,000.

14. Permit to he produced

(1) The driver of a village vehicle being used or driven on a road shall-
(a) carry with him the permit issued in respect of the vehicle; and
(b)produce the permit forthwith for inspection when so requested by
the Commissioner or a police officer.
(2) Without prejudice to subregulation (1), the owner of a village vehicle
in respect of which a permit is issued shall produce the permit for inspection,
when so requested by the Commissioner or a police officer, as soon as it is
reasonably practicable to do so.
(3) A driver or owner who, without reasonable excuse, contravenes
subregulation (1) or (2), commits an offence and is liable to a fine of $1,000.

15. Display of permit number

(1) Subject to subregulation (2), the number of the permit issued in
respect of a village vehicle shall be painted in a conspicuous position on the
body of the vehicle in such a manner as to be, and to remain at all times, clearly
legible.
(2) Where a permit ceases to be valid under regulation 10 the number of
the permit shall forthwith be removed from the body of the vehicle.
(3) Where subregulation (1) or (2) is contravened in respect of a village
vehicle, the owner of the vehicle commits an offence and is liable to a fine of
$1,000.





16. Equipment to he fitted on vehicles

(1) A village vehicle shall at all times when being used or driven on a
road-
(a) be equipped with-
(i) an adequate braking system capable of being applied when
the vehicle is in motion for the purpose of stopping it, and of
holding the vehicle immobile;
(ii) a warning instrument capable of audibly signalling the
approach and presence of the vehicle; and
(iii)a silencer, expansion chamber or other device suitable and
sufficient for reducing, as far as may be reasonable, the noise
caused by the escape of exhaust gases from the engine;
(L.N. 24 of 1989)
(b) be so constructed as to render it safe to carry any load that it may
be reasonably required to carry; and (L.N. 24 of 1989)
(c) in the case of a golf cart, be so constructed as to render it safe to
carry any passengers that it may reasonably be required to carry.
(L.N. 24 of 1989)
(2) Where subregulation (1) is contravened the owner and the driver of
the vehicle each commits an offence and is liable to a fine of $2,000 and to
imprisonment for 3 months.

17. Alterations to vehicle
(1) No material alteration in-
(a) the design or construction; or
(b) the equipment specified in regulation 16(1),
of a village vehicle in respect of which a permit is issued shall be made without
the written permission of the Commissioner.
(2) Where subregulation (1) is contravened the owner of the vehicle
commits an offence and is liable to a fine of $2,000 and to imprisonment for 3
months.

18. Restrictions on vehicle use
(1) No person shall drive or use a village vehicle on a road unless there is
a valid permit issued in respect of the vehicle.
(2) No person shall drive or use a village vehicle on a road in
contravention of any condition of the permit issued in respect of the vehicle.
(3) No person shall without the written permission of the Commissioner
drive or use a village vehicle on a road if the load carried by the vehicle-
(a) overhangs the front, rear or sides of the vehicle; or
(b) exceeds in height the length or width of the vehicle, whichever is
the less.





(4) No person shall drive or use a village vehicle on a road while the
vehicle is carrying-
(a) in the case of a driver operated village vehicle, any passenger; or
(b) in the case of a pedestrian controlled village vehicle, any person.
(5) No person shall drive or use a village vehicle on a road during the
hours of darkness unless there are showing lighted lamps at the front and rear
of the vehicle.
(6) For the purposes of subregulation (5) 'hours of darkness' means the
time between a quarter of an hour after sunset and a quarter of an hour before
sunrise.
(7) No person shall drive or use a village vehicle on a road if he is under
the age of 18 years.
(7A) No person shall drive or use a village vehicle which is a golf cart on a
restricted road unless he is-
(a) the holder of a driving licence; or
(b)a person who may drive in Hong Kong by virtue of regulation 37
of the Road Traffic (Driving Licences) Regulations (Cap. 374
sub. leg.). (L.N. 24 of 1989)
(713) For the purposes of subregulation (7A), 'restricted road' means any
road specified by the Commissioner, by notice in the Gazette, as a restricted
road for the purposes of this regulation. (L.N. 24 of 1989)
(7Q A notice under subregulation (713) may specify the road to which it
relates by-
(a) naming such road;
(b) describing the area within which such road is situated; or
(c) reference to a plan,
or any combination thereof. (L.N. 24 of 1989)
(8) Any person who-
(a) contravenes any provision of this regulation; or
(b)being the owner of a village vehicle, suffers or permits any such
contravention in respect of the vehicle,
commits an offence and is liable to a fine of $2,000 and to imprisonment for 3
months.

19. Vehicle examiners

The Commissioner shall appoint persons to be vehicle examiners for the
purposes of these regulations.

20. Examination of vehicles

(1) The Commissioner may at any time require the production for
examination by a vehicle examiner of all village vehicles, or some or any of





them, in such place and at such time as he may specify by notice in writing
served personally or by registered post on the owner or each of the owners, as
the case may be.
(2) Without prejudice to subregulation (1), a vehicle examiner or a police
officer may at any time require the owner or driver of a village vehicle to
produce the vehicle for examination by a vehicle examiner at such time and
place as he may specify.
(3) The purpose of an examination referred to in subregulations (1) and
(2) shall be to ascertain whether a village vehicle complies with these regulations
and any conditions of the permit issued in respect of the vehicle.
(4) A vehicle produced at any place pursuant to a requirement under this
regulation may be detained for a period not exceeding-
(a) 24 hours in the case of a requirement under subregulation (1); or
(b) 6 hours in the case of a requirement under subregulation (2),
while the vehicle is examined.

21. Powers of a vehicle examiner

In carrying out an examination of a village vehicle for the purposes of
these regulations, a vehicle examiner may-
(a)carry out or cause to be carried out such inspection, examination
or test of the vehicle, any part of the vehicle, any accessory fixed
to the vehicle or any equipment or part of the equipment of the
vehicle as he thinks fit;
(b) weigh the vehicle or any load on the vehicle; and
(c) photograph the vehicle.

22. Examination of vehicle on a road
and removal to police station

(1) Without prejudice to regulation 20, a police officer may examine a
village vehicle which is being used on a road for the purpose of ascertaining
whether the vehicle is safe for such use.
(2) Where as the result of an examination under subregulation (1) the
police officer has reason to believe that the village vehicle is unsafe for use on a
road, he may-
(a)direct the driver of the vehicle to drive it to such police station or
other place as he may specify; and
(b)cause the vehicle to be detained at that police station or place for
not more than 48 hours while the vehicle is examined by a vehicle
examiner.
(3) A person who fails to comply with the directions of a police officer
under subregulation (2) commits an offence and is liable to a fine of $2,000 and
to imprisonment for 3 months.





23. Copies of permit to he received in evidence
For the purpose of any proceedings under the Ordinance or these
regulations, a document purporting to be a copy of a permit and of any
conditions specified in the permit certified by or on behalf of the Commissioner
to be a true copy shall be received in evidence in those proceedings upon its
production without further proof and, until the contrary is proved, it shall be
presumed that-
(a) the document-
(i) is a true copy of the permit and of any conditions specified in
the permit; and
(ii) was certified by or on behalf of the Commissioner; and
(b)the permit was issued to the person stated therein and is subject
to the specified conditions.

24. Exemptions
The Commissioner may, in writing, exempt any person or class of persons,
or any village vehicle or type of village vehicle from the application of all or any
of these regulations.

25. Forms
The Commissioner may specify any form required for the purposes of these
regulations.

26. (Spent)

SCHEDULE 1 [reg- 51

PARTICULARS TO BE CONTAINED IN A PERMIT

Name of vehicle owner
Address of vehicle owner
Type of vehicle
Permit number
Date of expiry
Permit conditions

SCHEDULE 2 [regs. 7 & 111

PERMIT FEES

1. Upon the issue or renewal of a permit for driver operated village vehicle ~)~7 $50-
2. Upon the issue or renewal of a permit for a pedestrian controlled village vehicle 11J~ '
po
2A. Upon the issue or renewal of a permit for a golf cart (L.N. 24 of 1989) $so-
3. For a duplicate permit 30$1.Q

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