XN000022-1987-05-18 — Page 9

MONDAY, MAY 18, 1987

TAC MEETS TAXI REPRESENTATIVES ON SEAT BELT

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THE CHAIRMAN OF THE TRANSPORT ADVISORY COMMITTEE, MISS MARIA TAM, AND A COMMITTEE MEMBER, DR STEPHEN TANG, MET REPRESENTATIVES OF THE TAXI TRADE THIS (MONDAY) AFTERNOON TO DISCUSS THE VICARIOUS LIABILITIES OF TAXI DRIVERS FOR THEIR FRONT SEAT PASSENGERS WHO FAIL TO WEAR A SEAT BELT.

THE TRADE HAS VOICED CONCERN ON THESE LIABILITIES AND HOPED THAT TAC WOULD RECONSIDER ITS RECOMMENDATION,

THE TRADE IS NOT AGAINST THE WEARING OF THE BELT BUT FEEL THAT THE PASSENGER SHOULD BE MADE FULLY RESPONSIBLE FOR FAILING TO WEAR A SEAT BELT.

REPRESENTATIVES OF THE TRADE ALSO REPEATED THEIR CONCERN THAT TAXI DRIVER SHOULD BE VICARIOUSLY RESPONSIBLE FOR THE FRONT SEAT PASSENGER WHO FAILS TO WEAR A SEAT BELT.

MISS TAM FELT THAT THE VIEWS REFLECTED WERE NOT UNREASONABLE AND WOULD CONSIDER WHETHER THE VICARIOUS LIABILITIES SHOULD BE LIMITED TO CHILDREN UNDER 15 IN THE FRONT SEAT. THIS IS IN LINE WITH THE REGULATIONS NO. 45(1)(D) (PUBLIC SERVICES VEHICLE) AND 7(3) (SAFETY EQUIPMENT) OF THE ROAD TRAFFIC ORDINANCE CAP. 374.

UNDER THE PRESENT LEGISLATION, VICARIOUS LIABILITIES ONLY APPLY TO DRIVERS OF PRIVATE CARS. THE PENALTIES ARE A FIXED PENALTY OF $140, OR A MAXIMUM FINE OF $5 000 AND THREE MONTHS IMPRISONMENT BY WAY OF SUMMONS.

AT THE END OF THE MEETING, THE REPRESENTATIVES OF THE TAXI TRADE AND TAC MEMBERS PRESENT HAVE GENERALLY AGREED THAT THE PROPOSED LEGISLATION EXTENDING VICARIOUS LIABILITY TO TAXI DRIVERS FOR THE FRONT SEAT PASSENGER'S FAILURE TO WEAR A SEAT BELT SHOULD BE ON THE FOLLOWING BASIS.

* THAT TAXI DRIVERS ARE NOT RESPONSIBLE AT ALL FOR THE FAILURE OF A FRONT SEAT PASSENGER AGED 15 OR ABOVE IN WEARING A SEAT BELT;

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THAT THE VICARIOUS LIABILITY OF THE TAXI DRIVERS FOR FRONT SEAT PASSENGERS BELOW 15 YEARS OF AGE SHOULD BE LIMITED TO A MAXIMUM FINE OF $2 000 BY WAY OF SUMMONS OR $100 ON FIXED PENALTY;

* THAT THERE IS A DEFENCE OF REASONABLE EXCUSE AVAILABLE TO

THE TAXI DRIVERS IN ANY EVENT.

THE REPRESENTATIVES PRESENT ARE FROM 24 TAXI UNIONS AND THE MAIN PLB ASSOCIATION.

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