ROAD TRAFFIC (PARKING ON PRIVATE ROADS) REGULATIONS

ROAD TRAFFIC (PARKING ON PRIVATE ROADS) REGULATIONS

ROAD TRAFFIC (PARKING ON PRIVATE ROADS)
REGULATIONS

RANGEMENT OF REGULATIONS

Regulation Page
PART I

PRELIMINARY

1.......................................Citation R2
2.......................................Interpretation R2
3.......................................Application R3

PART II

DELEGATIONS AND AUTHORIZED OFFICERS

4.......................................Delegation by owner of private road R 3
5.......................................Appointment of authorized officers R 3
6.......................................Particulars to be contained in identity card R 4

PART III

RESTRICTED PARKING AREAS

7.......................................Designation of private roads for purposes of these regulations R 4
8.......................................Designation of restricted parking areas R 4
9.......................................Logo R 4

PART IV

IMPOUNDING, REMOVAL AND DISPOSAL OF VEHICLES
PARKED ON RESTRICTED PARKING AREAS

10.......................................Exemptions R4
11.......................................Impounding and removal of vehicles R 5
12.......................................Disposal of detained vehicle R 6

PART V

MISCELLANEOUS


13. Prohibition of unauthorized signs or road markings R 7
14. Offences in relation to signs, road markings and immobilization devices R 7
15. Obstruction .........................R 8
16. Presumption as to signs or road markings R 8
Schedule 1. Signs and road markings .....R 9
Schedule 2. Impounding, removal and storage charges R 16





ROAD TRAFFIC (PARKING ON PRIVATE ROADS)
REGULATIONS

(Cap. 374, section 121)

[1July19891 L.N.216of1989

L.N. 20 of 1989 - L.N. 50 of 1989

PART 1

PRE~ARY

1. Citation

These regulations may be cited as the Road Traffic (Parking on Private
Roads) Regulations.

2. Interpretation

(1) In these regulations, unless the context otherwise requires-
approved immobilization device' means an immobilization device approved
by the Commissioner, by notice in the Gazette, for the purposes of these
regulations;
,,authorized officer', in relation to a private road, means any person appointed
under regulation 5(1) by the owner of that road to be an authorized officer
in respect of that road;
'parking' means the standing of a vehicle, whether occupied or not, except
when standing temporarily for the purpose of and while actually engaged
in loading or unloading or picking up or setting down passengers;
'restricted parking area' means a place on a private road designated under
regulation 8 by the owner of that road as a place where vehicles. or a class
of vehicles-
(a) shall not be parked; or
(b) shall not be parked during specified times,
in accordance with the sign or road marking which so designates that
place;
'time' includes a date;
,'vehicle' includes any load carried by a vehicle.
(2) In these regulations a reference to a figure of a sign or road marking is
a reference to the figure of a sign or road marking specified in Schedule 1.





(3) The meaning of each sign and road marking erected or placed under
these regulations shall be in accordance with the signs and road markings and
the notes relating thereto specified in Schedule 1.

3. Application

(1) These regulations shall apply to vehicles and persons in the public
service of the Crown 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 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.
(2) These regulations shall not apply to any private road which is a
restricted road within the meaning of the Housing Ordinance (Cap. 283).

PART 11

DELEGATIONS AND AuTHoRizED OmcERs

4. Delegation by owner of private road

The owner of a private road may, with or without restrictions or
conditions as he thinks fit, delegate in writing any of his powers under these
regulations to any person.

5. Appointment of authorized officers

(1) The owner of a private road may appoint a person to be an authorized
officer in respect of that road.
(2) The owner of a private road shall issued to each person he has
appointed under subregulation (1) to be an authorized officer in respect of that
road an identity card-
(a) as evidence of such appointment; and
(b)which contains any particulars required by a notice under
regulation 6 to be contained in such card.
(3) An authorized officer shall, if so required by any person when-
(a)exercising or attempting to exercise any power conferred on him;
or
(b) discharging or attempting to discharge any duty imposed on him,
under these regulations, produce the identity card issued to him under sub-
regulation (2).





6. Particulars to be contained in identity card

The Commissioner may, by notice in the Gazette, specify the particulars to
be contained in any identity card issued under regulation 5(2).

PART 111

REsTRicTED PARKING AREAS

7. Designation of private roads for
purposes of these regulations

The owner of a private road may erect or place, at every point at which a
vehicle may lawfully enter that road from a road within the meaning of section
2 of the Ordinance, a sign in accordance with Figure No. 1.

8. Designation of restricted parking areas

Where the owner of a private road has erected or placed, at every point at
which a vehicle may lawfully enter that road from a road within the meaning of
section 2 of the Ordinance, a sign in accordance with Figure No. 1, he may
designate any place on that private road as a restricted parking area by-
(a) erecting or placing, on, in or near that place, a sign in accordance
wtith Figure No. 2, 3, 4, 5 or 6; or
(b) placing, on that place, a road marking in accordance with Figure
No. 8,
and may, for the purposes of regulation 10(d), also erect or place, on, in or near
that place, a sign in accordance with Figure No. 7.

9. Logo

(1) Subject to subregulation (2), the owner of a private road may display
on or at any sign erected or placed by him under these regulations a logo.
(2) A logo displayed on a sign in pursuance of subregulation (1) shall
not be so displayed so as to obscure the warning, information, requirement,
restriction, prohibition or direction conveyed by the sign.

PART IV

ImpouNi)iNG, REmOVAL ANI) DISPOSAL OF VEMCLES
PARKED ON REsTRicTED PARKING AREAS

10. Exemptions
This Part shall not apply to any vehicle which is parked on a restricted
parking area in contravention of any sign or road marking if the vehicle-





(a)is prevented from proceeding by breakdown or other
circumstances beyond the driver's control, and all reasonable
steps are taken to minimize any obstruction and effect the
removal of the vehicle as soon as possible;
(b)cannot be conveniently parked elsewhere and is being used in
connection with-
(i) any building operation, demolition, or excavation; or
(ii)the maintenance, improvement or reconstruction of any
private road; or
(iii)the erection, placement, alteration, removal or repair in or
near to any private road of any sign, traffic sign, road
marking (including a road marking within the meaning of
section 2 of the Ordinance), sewer or any main, pipe or
apparatus for the supply of gas, water or electricity, or of
any telephone or rediffusion wires, cables, parts or supports;
(c)is a fire service vehicle, ambulance, police vehicle, customs and
excise vehicle, vehicle used for the conveyance of public mail, or
vehicle used by the armed forces of the Crown, when any such
vehicle is being used in the discharge of its duties; or
(d) is so parked with the permission of-
(i) the owner of the private road concerned; or
(ii) an authorized officer in respect of that road.

11. Iftnpounding and removal of vehicles

(1) Subject to subregulation (2), the owner of a private road, or an
authorized officer in respect of that road, may impound or remove any vehicle
which is parked on a restricted parking area on that road in contravention of
any sign or road marking.
(2) The power of impounding or removing a vehicle under subregula-
tion (1) shall be exercised only when-
(a) the vehicle is unattended and the driver cannot be located; or
(b)the driver is unable to remove the vehicle, or refuses or fails to
remove the vehicle, on being requested to do so by the owner of
the private road concerned or an authorized officer in respect of
thatroad.
(3) Where the power of impounding or removing a vehicle under
subregulation (1) may be exercised by the owner of a private road or an
authorized officer, such owner or authorized officer may fix an approved
immobilization device to the vehicle at-
(a) the restricted parking area where the vehicle is parked; or
(b)any place to which the vehicle is removed from such restricted
parking area.





(4) Subject to regulation 12, any vehicle impounded or removed under
this regulation may be detained by the owner of the private road concerned
until there is paid to him such impounding or removal charge and storage
charge as is specified in Schedule 2 incurred in respect of that vehicle.

12. Disposal of detained vehicle

(1) Where a vehicle detained under regulation 11 is not claimed within 3
days after its detention, the owner of the private road concemed or an
authorized officer in respect of that road shall-
(a) serve by post on the registered owner of the vehicle a notice
informing him-
(i) of the detention of the vehicle and the place of detention;
and
(ii) that unless the vehicle is removed from the place of
detention, on payment of any charges payable under
regulation 11(4), within 25 days after the service of the
notice on him, the vehicle-
(A)shall become the property of the Crown free from the
rights of any person; and
(B)may be disposed of by the Commissioner of Police by
sale or otherwise as he thinks fit,
and at the same time serve by post on the Commissioner of Police
a copy of the notice; and
(b) where the vehicle is not removed in accordance with the notice
within 7 days after the service of the notice, publish, or cause to
be published, not later than 14 days after such service, that notice
once each in an English language newspaper and a Chinese
language newspaper published daily and circulating generally in
Hong Kong.
(2) Where a vehicle is not removed in accordance with a notice served and
published under subregulation (1)-
(a) the owner of the private road concerned or an authorized officer
in respect of that road shall-
(i) forthwith inform the Commissioner of Police that a vehicle
detained under regulation 11 has not been removed in
accordance with a notice served and published under this
regulation;
(ii) provide the Commissioner of Police with particulars of the
service and publication of the notice together with such
other particulars in respect of the vehicle and the
circumstances of its detention as the Commissioner of Police
requires; and





(iii) deliver the vehicle into the custody of the Commissioner of
Police on such day and at such time and place as the
Commissioner of Police thinks fit; and
(b) the vehicle, upon its delivery into the custody of the
Commissioner of Police under paragraph (a)(iii)-
(i)shall become the property of the Crown free from the rights
of any person; and
(ii) may be disposed of by the Commissioner of Police by sale or
otherwise as he thinks fit.

PART V

MISCELLANEOUS

13. Prohibition of unauthorized signs or road markings

(1) No person shall erect or place, or cause to be erected or placed, on, in
or near a private road, any sign or road marking specified in Schedule 1 or any
sign or road marking which is of such similarity to such a specified sign or road
marking that any person approaching it might reasonably mistake it for such a
specified sign or road marking, except-
(a) with the approval in writing of the owner of that road; or
(b) under and in accordance with any Ordinance.
(2) The owner of a private road may by notice in writing served by
registered post on any person who has erected or placed, or caused to be erected
or placed, any sign or road marking in contravention of subregulation (1)
require such person to remove it and, if such person fails to comply with such
notice, the owner may cause the sign to be removed, or the road marking to be
obliterated or removed, as the case may be, and thereupon the sign and any
part thereof and every attachment thereto shall be forfeited to the owner and
the owner may recover from such person as a civil debt the cost of the removal
of the sign or the cost of the obliteration or removal of the road marking and
also the cost of any reinstatement of that road necessitated by such removal of
the sign or such obliteration or removal of the road marking.
(3) Any person who contravenes subregulation (1) commits an offence
and is liable to a fine of $2,000.

14. Offences in relation to signs, road markings
and immobilization devices

(1) No person shall-
(a)move, damage, or interfere in any way with, any sign erected or
placed under these regulations on a private road; or





(b)obscure, deface, alter or obliterate any road marking placed
under these regulations on a private road,
except-
(i) with the approval in writing of the owner of that road; or
(ii) under and in accordance with any Ordinance.
(2) No person without the consent of the owner of the private road
concerned or an authorized officer in respect of that road shall remove, damage,
or interfere in any way with any approved immobilization device fitted to a
vehicle under these regulations.
(3) No person shall for the purposes of these regulations fix an im-
mobilization device to a vehicle except an approved immobilization device.
(4) Any person who contravenes subregulation (1), (2). or (3) commits an
offence and is liable to a fine of $2,000.

15. Obstruction

Any person who without lawful authority or reasonable excuse obstructs
the owner of a private road or an authorized officer in the exercise of any power
conferred, or the discharge of any duty imposed, under these regulations
commits an offence and is liable on conviction to a fine of $2,000 and to
imprisonment for 6 months.

16. Presumption as to signs or road markings

A sign erected or placed on, in or near, or a road marking placed on, a
private road which is similar to a sign or road marking specified in Schedule 1
shall be deemed to be such a specified sign or road marking and to have been
lawfully so erected or placed unless the contrary is proved, and the fact that a
sign or road marking differs slightly in size, colour or type from such a specified
sign or road marking shall not prevent such a sign or road marking from being
such a specified sign or road marking so long as the general appearance of the
sign or road marking is not thereby materially impaired.
(L.N. 50 of 1989)





SCHEDULE 1 [rek

SiGNs AND RoAD MARKiNw

F(GURE No. 1

-WIIII 111RlIER, 1111111 A111 111A11111111

Privat Road

BLUE
eACKERGUN0

(350) 1525~ 700 (875) [1050) (14M)

PRIVATE ROAD

THIS SIGN INCICArES THE ENTRY TO A PRIVATE RGAO OR SERIES
OF PRIVAT- ROACS WHERE rhE RCAD TRAFFIC ( PARKING ON PRIVATE
FCAr
,S) RE5ULATIONS APPLY AN 0 WHERE VEHICLES MAY BE
IMPCUNCEJ OR TO1WE3 AWAY ANC IMPOUNCE~ IF P~RYED IN
CCNT.RA~ENTION CF THOSE RE---.ULATICNS.





FIGURE No. 2

RED BORDER & DIAGONAL

/I'-- BLUE SAMRCUM
T
NO PARKING

THIS SIGN INDICATES THAT ON THE SIDE OF THE PRIVATE RIAD WMERE IT 6
1111111E1 . Pl'11141 11 P1111111TEl- IT MA' BE U 52 0 WITH THE SIGNS IN FIGURE
N_ D 'M ',
5 AH 6 TO0 ATE THE 0 EC ON IN WHICH THE RESTRICTION APPLIES
wlT d E 'C'~ IN 'G'RE H, ~ ro INCICATE THE PERIOD FOR WHICH IT
A,' LI E S. A110 W 11H THE SIGN IN FiCURE N,7 TO INGICATE THAt A VEHIC19 WH[CH
DISPLAYS APERMIT MAY BE PARKE~.





FIGURE No. 3

R

ELLOW
U
/--ELLACK
Y

VARIABLE

TEMPORARY NO PARKING SIGN

THIS SIGN INDICATES THAT ON THE SIDE OF THE PRIVATE ROAD WHERE IT
15 DISPLAYED, PARKING 15 TE~POnARILY PROHIBITED. THE SIGN MAY BE
USED WITHOUT THE ARROWS CR WITH AN ARROW POINTING IN ONLY ONE
DIRECTION. THE SIGN MAY ALSO DISPLAY THE PERIOD OR PERIODS WHEN PARKING
15 TEMPORARILY PROHIBITED AND MAY BE USED WITH THE SIGN IN FIGURE Na7 10
INDICATE THAT A VEHICLE WHICH DISPLAYS A PERMIT MAY BE PARKED.





FIGURE No. 4

Mon-5 at 9 arn-6 pm

Af- T

TiME PLATE

THIS PLATE INDICATES THE PERIOD OF TIME OR DAYS FOR WHICH
PARKING 15 PROHIBITED.

IT MAY BE USED IN CONJUNCTION WITH FIGURE M... 2 AND 3 To
INDICATE TH E PERIOD OF TIME OR DAYS CURING WHICH THE RESTRICTION ON
RLRKING APPLIES.

THE WORDING MAY BE ~ED TO SPECIFY AW PERIOD OF TIME OR ANY
DAY OR DAYS.





FIGURE No. 5

BLACK BORDER & SYMBOL

~-VMITE BACKGROUND

ARROW PLATE

THIS PLATE MAY SE USED WITH THE SIGN IN FIGURE No. 2 TO
INDICATE THE DIRECTION IN WHICH THE RESTR:CTION ON PARKING APPLIES
THE ARROW MAY BE REVERSED TO INDICATE A RESTRICTION IN

THE OTHER DIRECTION.





FiGURE No. 6

,,/~-EILACX,,a0RCER & SYMBOL
/-WE r E BACKGROUND

ARROW PLATE

THIS PLATE 1AAY k3E USED WITH THE SIGN IN FIGURE N..2 TO

11401CATE 7.49 RESTRICTION ON PARX~ APPLIES INBOTH DIRECTIONS,





FIGURE No. 7

F BACKGROUND B LACK BOROER.LETTERS
NO CHARACTERS

Except
with permit
x ~ -RT i-E
T\ V1 if

(350)(~50)(575~ 775

PARKING WITH PERMIT

THIS PLA-E MAY BE USE0 WITH rHE 5;GN M FIGURE N~. 2 ANP

F,CeRS N.3 -~ ~CICJ.- -,,A7 A WHIci A KRMIT 'Y

BE PARKEED.





FIGURE NO. 8

'\YELLOW

NO PARKIN

THIS ROAD MARKING 15 U520 TO INDICATE A SECTION OF PRIVATE ROAD.
WMETHE R OR NOT IT Is USED IN CONJUNCTION WITH FIG U RE N..2. WHERE
THE PARKING 0 F V EH )c 1 a S IS PROHIBITED.

SCHEDULE 2 [reg. 11 (4)]

IMPOUNDING, REMOVAL AND STORAGE C~GES

1....................................For impounding a vehicle $140
2....................................For removing a vehicle $200
3....................................For storing a vehicle $ 50 for every
....................................day after the first
....................................day during which
....................................the vehicle is
....................................detained

https://oelawhk.lib.hku.hk/items/show/3414

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