TNAG-1855-FCO40-2630-Legislative-Council-of-Hong-Kong-memoranda-and-minutes-of-me-1989 — Page 39

HONG KONG LEGISLATIVE COUNCIL — 22 February 1989

香港立法局 ——一九八九年二月二十二日

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He said: Sir, I move the first motion standing in my name on the Order Paper. The motion seeks to increase the level of fixed penalty fines for moving offences and to extend these fines to cover the failure of drivers and front seat passengers to wear seat belts in taxis, light buses and goods vehicles.

The existing fines of $140 and $200 for moving offences have remained unchanged since 1984 and 1980 respectively. The increasing number of tickets issued in recent years indicates that the deterrent effect of these fines has been eroded by inflation. For example, the number of tickets issued for driving in excess of speed limit by 15km/h or less has increased from about 30 000 in 1985 to 64 000 in 1988, an increase of 110%. The number of licensed vehicles has continued to increase, and the upward trend of fixed penalty tickets issued is likely to continue. The Transport Advisory Committee has advised that a 40% increase in the fine levels is required to restore their deterrent effect. It is proposed that the existing fines of $140 and $200 should be increased to $200 and $280 respectively.

The new fixed penalties to be added are required for extending the seat belt legislation from private cars to taxis, light buses and goods vehicles. In the 12 months after the introduction of the compulsory wearing of front seat belts in private cars, the total front seat casualties fell by 28%, while the number of fatal and serious casualties fell by 51%. Because of such proven benefits, the Governor in Council approved on 31 January this year the proposal to introduce the compulsory wearing of front seat belts in taxis, light buses and goods vehicles. Six new fixed penalty offences are required: three at $200 for driving such vehicles without fastening a seat belt, and the other three at $140 for driving such vehicles when a front seat passenger under 15 years old is not fastening a seat belt. The vicarious liability of these drivers is limited to passengers under 15 because it is accepted, after extensive consultation with the trade, that drivers may have difficulties in requiring passengers above this age to wear the seat belt.

The above increases do not, however, apply to two particular moving offences. First, the number of tickets issued for overloading in 1988 has shown an alarming increase over that of 1985, from about 1 600 to 27 000. Overloading also reduces braking efficiency and affects road safety. A higher fine of $450 is therefore proposed. This is about half of the amount usually enforced by the courts when serious overloading offences are brought before them. Second, the Transport Advisory Committee has advised that the fixed penalty imposed on drivers of taxis, light buses and goods vehicles in respect of their vicarious liability for front seat passengers' failure to wear a seat belt should be lower because passengers rather than drivers should be primarily