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Ord. No. 31/86
ROAD TRAFFIC (AMENDMENT)
Short title and commencement.
L.S.
HONG KONG
No. 31 OF 1986
I assent.
An Ordinance to amend the Road Traffic Ordinance.
Edward YOUDE, Governor, $ June 1986
]
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
1.
This Ordinance may be cited as the Road Traffic (Amendment) Ordinance 1986 and shall come into operation on a day to be appointed by the Governor by notice in the Gazette.
Amendment of section 2.
2.
Section 2 of the principal Ordinance is amended—
(Cap. 374.)
(a) by inserting after the definition of “driver” the following definition—
““driver operated village vehicle" means a motor vehicle having an overall length not exceeding 3.2 metres and an overall width not exceeding 1.2 metres constructed or adapted primarily for the carriage of goods on roads in rural areas or areas inaccessible or closed to other motor vehicles, in addition to the carriage of a driver only;";
(b) by deleting the defintion of “goods vehicle" and substituting the following
definition-
"“goods vehicle” means a motor vehicle, or trailer, which is constructed or adapted for use primarily for the carriage of goods, but does not include-
(a) a motor tricycle or a motor cycle with or without a sidecar
attached thereto; or
(b) a village vehicle;";
(c) by deleting the definition of “motor tricycle” and substituting the following
definition-
““motor tricycle" means a three-wheeled motor vehicle other than----
(a) a motor cycle with a sidecar; and
(b) a village vehicle;";
(d) by inserting after the definition of “motor vehicle" the following definition---
""overall length” and “overall width” in relation to a vehicle, shall have the meanings assigned to them respectively by regulations made under section 9;";
(e) in the definition of "owner" by inserting after "registered" the following—
"or a village vehicle permit is issued,";
(f) by inserting after the definition of “passenger service licence" the following
definition-
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ROAD TRAFFIC (AMENDMENT)
Ord. No. 31/86
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""pedestrian controlled village vehicle” means a motor vehicle control- led by a pedestrian, having an overall length not exceeding 3.2 metres and an overall width not exceeding 1.2 metres, constructed or adapted primarily for the carriage of goods on roads in rural areas or areas inaccessible or closed to other motor vehicles, and not constructed or adapted for the carriage of a driver or any passenger;";
(g) in the definition of “vehicle licence" by deleting the full stop at the end
thereof and substituting a semicolon; and
(h) by inserting after the definition of "vehicle licence" the following defini-
tions-
3.
“"village vehicle" means a driver operated village vehicle and a
pedestrian controlled village vehicle;
"village vehicle permit" means a permit issued in respect of a village vehicle in accordance with regulations made under section 12A.".
Section 3 of the principal Ordinance is amended-
(a) in subsection (1) by inserting before “Parts” the following--
"Subject to section 4A,”; and
(b) in subsection (2) by deleting “and 12” and substituting the following—
", 12 and 12A”.
4.
Amendment of section 3.
The principal Ordinance is amended by adding after section 4 the following Addition of new new section--
"Application of Ordinance to village vehicles.
Second Schedule.
Fifth Schedule.
5.
4A. (1) Except to the extent specified in subsections (2) and (3) or where it is otherwise expressly provided, this Ordinance shall not apply to village vehicles.
(2) Parts I, VII and XI and sections 12A (together with any regulations made under that section), 36(1), (3) and (4), 37(1) and (3), 38, 39(1), 49, 53, 60, 61, 62, 63 (other than provisions relating to driving licences and disqualification), 64, 65, 67, 68, 73, 76, 111 and 112, and the Second and Fifth Schedules shall apply to and in relation to village vehicles.
(3) Any regulations made in exercise of the powers conferred by section 9, 10, 11 or 12 may be expressed to apply to village vehicles subject to such modifications and exceptions as may be specified in the regulations.
(4) In the application of any provision of this Ordinance to or in relation to a village vehicle a reference in the provision-
(a) to a registered owner or a person in whose name the vehicle is registered shall be construed as a reference to the holder of a village vehicle permit in respect of the vehicle;
(b) to the address of a registered owner shall be construed as a reference to the last known address of the village vehicle permit holder.".
section 4A.
The principal Ordinance is amended by adding after section 12 the following Addition of new
new section-
"Regulation of village vehicles.
12A. (1) The Governor in Council may make regulations in respect of village vehicles to provide for--
(a) the issue by the Commissioner of permits for the driving and use of village vehicles on roads; the specification by him of conditions on such permits, including, without limiting
section 12A.