TUESDAY, APRIL 21, 1987
LOWER PENALTIES FOR SEAT BELT OFFENCES ENDORSED
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THE TRANSPORT ADVISORY COMMITTEE TODAY (TUESDAY) ENDORSED DRAFTING GUIDELINES TO LOWER THE PENALTIES FOR DRIVERS OF PRIVATE CARS, TAXIS AND LIGHT BUSES IN RESPECT OF THEIR VICARIOUS LIABILITY SHOULD A FRONT SEAT PASSENGER FAIL TO WEAR A SEAT BELT.
MEMBERS NOTED THAT UNDER THE EXISTING LEGISLATION, BOTH THE DRIVER AND THE FRONT SEAT PASSENGER IN PRIVATE CARS ARE LIABLE TO PROSECUTION WHEN THE LATTER FAILS TO WEAR A SEAT BELT.
THE PRESENT PENALTIES ARE A FIXED PENALTY OF $140 OR A MAXIMUM FINE OF $5 000 AND THREE MONTHS IMPRISONMENT IF PROSECUTIONS ARE BY WAY OF SUMMONS.
AT THE MEETING IN SEPTEMBER LAST YEAR, TAC MEMBERS ACCEPTED THE EXTENSION OF VICARIOUS LIABILITY TO DRIVERS OF TAXIS AND LIGHT BUSES FOR THEIR FRONT SEAT PASSENGERS' FAILURE TO WEAR A SEAT BELT AS THESE TWO GROUPS OF DRIVERS HAVE UNDER THE PRESENT LAW - REGULATION 45 (1) (D) OF THE ROAD TRAFFIC (PUBLIC SERVICE VEHICLES) REGULATIONS A BASIC RESPONSIBILITY FOR THE PASSENGERS RIDING IN THE VEHICLES.
HOWEVER THEY ADVISED THAT A LOWER PENALTY SHOULD APPLY TO THE DRIVERS.
FOLLOWING DISCUSSION BY THE LEGAL DEPARTMENT, TRANSPORT BRANCH, TRANSPORT DEPARTMENT AND THE POLICE, IT WAS AGREED THAT AS THE VICARIOUS LIABILITY OF PRIVATE CAR DRIVERS AND DRIVERS OF TAXIS AND LIGHT BUSES IN RESPECT OF A PASSENGER'S FAILURE TO WEAR A SEAT BELT WAS ESSENTIALLY THE SAME, THE SAME PENALTY SHOULD APPLY.
TAC NOW ENDORSED DRAFTING GUIDELINES FOR A UNIFORM AND REDUCED PENALTY FOR THE THREE GROUPS OF DRIVERS, WHICH WILL BE A FIXED PENALTY OF $100 OR A MAXIMUM FINE OF $2 000 ON PROSECUTION BY SUMMONS IN VIEW OF THE HARDSHIP THAT MAY BE FACED BY DRIVERS OF TAXIS AND PUBLIC LIGHT BUSES.
MEMBERS ALSO DECIDED THAT THE DEFENCE OF +REASONABLE EXCUSE+ PROPOSED FOR DRIVERS OF TAXIS AND LIGHT BUSES FOR THE FAILURE OF THE IR FRONT SEAT PASSENGERS TO WEAR A SEAT BELT SHOULD BE EXTENDED TO DRIVERS OF PRIVATE CARS IF THEY WISHED TO CONTEST A SUMMONS.
AT THE MOMENT, THIS IS AN OFFENCE WITH STRICT LIABILITY
UNDER THE LAW.
NOTICES IN ENGLISH AND CHINESE STATING THE LEGAL REQUIREMENT FOR FRONT SEAT PASSENGERS TO WEAR A SEAT BELT WOULD BE DISPLAYED IN TAXIS AND LIGHT BUSES, NOTICES IN JAPANESE WOULD ALSO BE DISPLAYED IN TAXIS.
/MEMBERS WILL