HONG KONG
LEGAL REPORT
Enclosure No: 2
THE ROAD TRAFFIC (AMENDMENT) ORDINANCE 1986
(No. 31 of 1986)
This Ordinance amends the Road Traffic Ordinance in order to make separate provision for small motorized goods vehicles known as village vehicles. Such vehicles are commonly used in outlying areas of Hong Kong for the carriage of produce and building materials. The former law was unsatisfactory in that such vehicles were "motor vehicles" within the meaning of the Ordinance, but could not be registered, licensed or insured since they could not meet prescribed standards of construction and design.
2. Village vehicles are of two kinds, driver operated vehicles and pedestrian controlled vehicles. Each kind is defined in terms of its purpose and maximum permitted dimensions by provisions in section 2.
3. Section 4 inserts a new section 4A in the principal Ordinance providing that, with certain specified exceptions, the Road Traffic Ordinance will not apply to village vehicles. Thus village vehicles will not be registered or licensed under the Ordinance. They will instead be controlled under a permit system introduced by regulations. Provision is made for such regulations in section 5. Permit conditions will regulate where and when the vehicles can be used and will specify minimum standards for safety equipment.
4. Certain provisions of the Road Traffic Ordinance listed in section 4 will continue to apply. They include provisions relating to reckless driving, the sale and hire of unroadworthy vehicles and police powers to stop and direct drivers and to require information.
5. Section 8 amends the Motor Vehicles Insurance (Third Party Risks) Ordinance to make it clear that the application of that Ordinance extends to village vehicles. Such vehicles will require third party insurance when being driven on a road.
6.
Before the Governor assented to the Bill in the name and on behalf of Her Majesty, the Attorney General advised that he could properly do so.
سل
Jamb
(June 1986.
ATTORNEY GENERAL'S CHAMBERS,
HONG KONG.
Law Draftsman.
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