4
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:":
(h) by deleting the definition of “goods vehicle" and substituting the following
definition-
***goods vehicle" means a motor vehicle 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;
(h) a driver operated village vehicle:
(c) a pedestrian controlled 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;
(5) a driver operated village vehicle; and
(c) a pedestrian controlled village vehicle;"; and
(d) by inserting after the definition of “passenger" the following definition---
""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;".
Explanatory Memorandum
This Bill amends the Road Traffic Ordinance in order to make separate provision for small motorized goods vehicles commonly known as village vehicles and for their control by regulations, and also makes consequential amendments to the Motor Vehicles Insurance (Third Party Risks) Ordinance and the Motor Vehicles (First Registration Tax) Ordinance.
2.
Clause 2 provides for separate definitions of a driver operated village vehicle and a pedestrian controlled village vehicle. To fall within either definition the vehicle must have an overall length not exceeding 3.2 metres and an overall width not exceeding 1.2 metres and be constructed or adapted primarily for the carriage of goods on roads in rural areas or areas which are inaccessible or closed to other vehicles. Village vehicles are also expressly excluded from the general definitions of “goods vehicle” and “motor tricycle" which would otherwise apply.
3. Clause 4 inserts a new section 4A which provides that except for specified provisions and regulations made under those provisions, the Road Traffic Ordinance will not apply to village vehicles. Thus village vehicles will not be registered or licensed under the Ordinance. Among provisions which are specified to apply are those relating to reckless driving, tampering with vehicles, the sale or hire of unroadworthy vehicles, the powers of police officers to stop or direct vehicles on roads and to require information from drivers, the duties of a driver in the case of an accident, and the dispoal of abandoned vehicles.
4. Clause 5 inserts a new section 12A which enables the Governor in Council
to make regulations for the control of village vehicles through the issue of permits,
and providing for standards of construction and equipment.
5.
Clauses 3. 6 and 7 make amendments consequential on the above.
6.
5
Clause 8 amends the Motor Vehicles Insurance (Third Party Risks) Ordin- ance to bring village vehicles specifically within the definition of motor vehicle, thus extending the application of that Ordinance to village vehicles. It also amends the Motor Vehicles (First Registration Tax) Ordinance so as to exclude village vehicles from the classes of motor vehicle in respect of which first registration tax is payable.
7. The expected revenue from the issue of village vehicle permits. if regulations are made under the Bill, is about $30,000 annually. The Bill has no Public Service staffing implications.
一九八六年道路交通(修訂)條例草案
摘要說明
本條例草案修訂道路交通條例,以便就一種通稱為「鄉村機動車輛」 的小型機動貨車,並就以規例管制該類貨車措施,另行制定條款。此外,本草 案亦對汽車保險(第三者意外)條例和汽車(首次登記稅)條例的有關條文作 出因應的修訂。
啼
二、
草案第二條分別界定「司機操縱鄉村機動車輛」和「徒步控制鄉村 機動車輛」兩詞的定義。符合下述條件的車輛才子納入上述定義的規限範圍內 ,即——其車身總長度不超逾3.2米,總濶度不超逾1.2米,而結構或裝配的 主要作用,在使該車輛能夠在鄉村地區或其他車輛不能抵達或禁止行駛的地區 道路上連載貨物。此外,本草案亦特別把鄉村機動車輛從「貨車」和「機動三輪 車」兩詞的一般定義中剔除,否則,該兩詞的定義便會對鄉村機動車輛適用。
三、
草案第四條在原有條例內加插新訂第四A條,從而規定:除若干指 定的條款,以及按照這些條款規定而制定的規例外,道路交通條例對鄉村機動 車輛並不適用。因此,鄉村機動車輛不會按該條例規定而登記或領取牌照。至 於指定的適用條款,則與下列情事有關,即——不顧後果的魯莽駕駛、竄改車 輛、出售或出租不適宜在路上行駛的車輛、警務人員在路上截停或指揮車輛和 要求司機提供資料的權力、意外發生時司機的義務和棄車輛的處置措施。
四、 草案第五條在原有條例內加挿新訂第十二A條。該新訂條文授權總 督會同行政局制定規例,以便藉簽發許可證措施而管制鄉村機動車輛。該新訂 條文亦就鄉村機動車輛的結構和設備標準,作出規定。
五、 草案第三、第六和第七條所作的修訂,是因應上述修訂而作出。
六
草案第八條修訂汽車保險(第三者意外)條例,即特別把鄉村機動 車輛納入「汽車」一詞的定義內。這項修訂導致上述條例的適用範圍擴大,使 鄉村機動車輛亦予納入適用範圍內。此外,該第八條亦修訂汽車(首次登記稅) 條例,從而使鄉村機動車輛不再列為須繳納首次登記稅類汽車。
七、 假如有關規例按本條例草案規定而予以制定施行,則政府在簽發鄉 村機動車輛許可證方面所獲得的收益,預計每年約達$30,000。本條例草案對 政府人手需求方面並沒有影響。
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