XN000022-1987-07-01 — Page 45

WEDNESDAY, JULY 1, 1987

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DRIVING WITHOUT VALID LICENCES ON THE RISE

THE NUMBER OF PEOPLE FINED FOR DRIVING A CAR WITHOUT A VALID DRIVING LICENCE INCREASED TO 6,431 LAST YEAR, 16.5 PER CENT MORE THAN 1985 AND 46.7 PER CENT MORE THAN 1984.

THIS WAS REVEALED BY THE SECRETARY FOR TRANSPORT, THE HON MICHAEL LEUNG, IN A WRITTEN REPLY TO A QUESTION FROM THE HON CHAN YING-LUN IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

ABOUT 80 PER CENT OF THE OFFENCES IN 1986 WERE DEALT WITH BY THE ISSUE OF A FIXED PENALTY TICKET OF $140 WHILE THE REMAINDER WERE PROSECUTED AND THE MAXIMUM FINE IMPOSED WAS $3,0 000.

ON THE QUESTION OF WHETHER A DRIVER'S INSURANCE COVER IS INVALIDATED UPON THE EXPIRY OF HIS DRIVING LICENCE, MR LEUNG SAID IT NOT POSSIBLE TO GENERALISE SINCE THIS DEPENDED UPON THE PROVISIONS OF EACH INDIVIDUAL INSURANCE POLICY.

WAS

BUT HE SAID THAT A COMMON PROVISION IN INSURANCE POLICIES ISSUED IN HONG KONG WAS THAT THE POLICIES PROVIDED COVER FOR ANY PERSON WHO HELD OR HAD HELD A DRIVING LICENCE, PROVIDED THAT THIS PERSON HAD NOT BEEN DISQUALIFIED TO DRIVE THE MOTOR VEHICLE BY ORDER OF A COURT OF LAW.

"IN TWO LOCAL CASES, THE COURTS HELD THAT SUCH POLICIES WERK NOT INVALIDATED SOLELY BECAUSE THE DRIVER'S DRIVING LICENCE HAD EXPIRED AT THE TIME OF THE ACCIDENT, AND THEREFORE THE INSURANCE COMPANIES WHO HAD ISSUED THE POLICIES WERE NOT RELIEVED FROM THE LIABILITY TO INDEMNIFY THE INJURED PARTIES, MR LEUNG SAID.

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NOTWITHSTANDING THIS, UNDER THE AGREEMENT BETWEEN THE GOVERNMENT AND THE MOTOR INSURERS' BUREAU OF HONG KONG, THE BUREAU UNDERTOOK TO PAY OR CAUSE TO BE PAID ANY OUTSTANDING AWARD OF THE COURTS IN CASES WHERE AN INSURANCE POLICY WAS INVALIDATED BY THE EXPIRY OF THE CONCERNED DRIVER'S DRIVING LICENCE, HE ADDED.

MR LEUNG ALSO SAID THE TRANSPORT DEPARTMENT HAD CONSIDERED A PROPOSAL TO REMIND ALL MOTORISTS BY LETTER OF THE EXPIRY DATE OF THEIR LICENCES BUT IT WAS FOUND TO BE A VERY COSTLY EXERCISE THAT WOULD NOT BENEFIT THE MAJORITY OF ACTIVE DRIVERS WHO USUALLY RENEWED THEIR LICENCE ON TIME.

UNDER THE EXISTING REGULATIONS, DRIVING LICENCE HOLDERS MAY RENEW THEIR LICENCES WITHIN THREE YEARS AFTER EXPIRY WITHOUT THE NEED TO TAKE A DRIVING TEST. IN PRACTICE MANY OF THE INACTIVE DRIVERS TEND TO RENEW THEIR LICENCES ONLY JUST BEFORE THE STATUTORY PERIOD EXPIRES.

"TO SEND REMINDERS TO THIS GROUP OF LICENCE HOLDERS WOULD NOT THEREFORE SERVE ANY USEFUL PURPOSE," HE SAID.

/ON THE