PROVISIONAL LEGISLATIVE COUNCIL PANEL ON TRANSPORT

Approved Seat Belts and Child Restraint Devices

Purpose

This paper seeks Members�comments on proposals for:-

  1. updating the Schedule of approved seat belts in the Road Traffic (Safety Equipment) (Cap.374) Regulations; and
  2. amending the above Regulations to empower the Commissioner for Transport (C for T) to approve, by notice in the Gazette, other types of seat belt, including child restraint devices, having equivalent or superior standards to those listed in the Schedule.

Background

2. The standards and specifications for seat belts and child restraint devices are set out in Part I of Schedule 2 of the Road Traffic (Safety Equipment) Regulations (Cap.374). As new designs and standards are developed and accepted by overseas authorities as complying with safety standards, the Schedule needs to be updated.

3. A copy of the current Schedule which was last updated in mid 1995 is at Annex A.

Updating of the Schedule

4. Since 1995, new standards for seat belts and child restraint devices have been developed in UK, Europe, Australia, New Zealand and USA. They improve the effectiveness of the restraining devices and ease of use and reduce the chance of incorrect usage, thereby providing better protection to drivers and passengers. The new standards are either equivalent or superior to the existing standards listed in the Road Traffic (Safety Equipment) Regulations and have been adopted by many vehicle manufacturers. However, as they do not conform to the standards currently listed in the Road Traffic (Safety Equipment) Regulations and the C for T at present does not have discretion to approve any products which do not conform to the standards, albeit being equivalent or superior to these standards, the new products cannot be registered for use in Hong Kong. This has given rise to a recent case in which some of the restraining devices for young persons that comply with the latest European standard (ECE Regulation R44) cannot be approved for use in Hong Kong.

5. Part 1 of Schedule 2 of the Road Traffic (Safety Equipment) Regulations hence needs to be updated in accordance with the latest standards acceptable in other countries. A copy of the proposed updated Schedule is at Annex B.

Empowerment of C for T

6. New products complying with improved standards emerge in the market from time to time. To enable the public to have access to these products more readily without waiting for the lengthy procedure of amending the Schedule to the Road Traffic (Safety Equipment) Regulations, we propose that the C for T should be empowered, under the Road Traffic (Safety Equipment) Regulations, to grant approval for other types of products which are of equivalent or more superior standards to those listed in the Schedule. C for T will publish a notice in the Gazette in respect of such approval. This arrangement, if adopted, will be the same as that already adopted for Approved Protection Helmets for motorcylists set out in Schedule 1 to the Regulations, a copy is at Annex C.

Consultation

7. The Transport Advisory Committee, when consulted on 22 July 1997, supported the above proposals.

Advice Sought

8. Members are requested to comment on the proposals in paras. 4 to 6 above.

Transport Bureau
Government Secretariat
September 1997

Annex A

Road Traffic (Safety Equipment) Regulations (Cap. 374)
SCHEDULE 2
Part I
Approved Seat Belts

Seat belts in respect of which either the seat belt assembly or the vehicle is permanently marked by the manufacturer of the belt or vehicle with the specification number, mark or symbol indicating compliance with any of the following -

  1. British Standard for Seat Belt Assemblies for road vehicles BS 3254, including Part 1 : 1988 Specification for restraining devices for adults, and Part 2 : 1991 Specification for restraining devices for children;
  2. British Standard Specification for passive seat belt systems BS AU 183 : 1989;
  3. ECE Regulation No. 16, including Revision 1, made by the Economic Commission for Europe dated 7 May 1973 and published by the United Nations;
  4. Australian Standards for Seat Belt Assemblies for motor vehicles 2596 : 1983 including modifications complying with Australian Design Rule No. 4;
  5. New Zealand Specification for Seat Belt Assemblies for motor vehicles NZS 5401 : 1982;
  6. Federal Motor Vehicle Safety Standard (USA) No. 209; and
  7. Japanese Industrial Standard JIS D4604 : 1988.

Annex B

Proposed Amendments
SCHEDULE 2
Part 1
Approved Seat Belts

1. Seat belts in respect of which either the seat belt assembly or the vehicle is permanently marked by the manufacturer of the belt or vehicle with the specification number, mark or symbol indicating compliance with any of the following -

  1. British Standard for Seat Belt Assemblies for road vehicles BS 3254 :1960 and BS 3254, including Part 1 : 1988 Specification for restraining devices for adults;

    and BS 3254, including Part 2 : 1991 Specification for restraining devices for children;

  2. British Standard Specification for passive seat belt systems BS AU 160a and BS AU 183 : 1989;

    and BS AU 157a, BS AU 185, BS AU 186, BS AU 186a, BS AU 202 and BS AU 202a for child restraint system;

  3. ECE Regulation No. 16, made by the Economic Commission for Europe dated 7 May 1973 and published by the United Nations for Seat Belt including all Revisions;

    and ECE Regulation R44 including all Revisions for restraining devices for children;

  4. Australian Standards for Seat Belt Assemblies for motor vehicles E35 : 1965, E35 : 1970 and E35 PT II (including retractors), 1970, including modification authorized by Australian Design Rules No. 4, 4A, 4B and 4C; AS 2595: 1995 and 2596 : 1983 including modifications complying with Australian Design Rule No. 4;

    and AS 1754 : 1995 for restraining devices for children;

  5. New Zealand Specification for Seat Belt Assemblies for motor vehicles NZS 1662 : 1969, and NZS 5401 : 1982;

    and NZS 5411 for restraining devices for children;

  6. Federal Motor Vehicle Safety Standard (USA) No. 209 for Seat Belt;

    and No 213 for restraining devices for children; and

  7. Japanese Industrial Standard JIS D4604 : 1969 (3 points belts only) and D4604 : 1988.

2. Seat Belts of a type approved by the Commissioner, bearing a mark determined by him/her indicating that the type of seat belt has been accepted as capable of affording a degree of protection from injury equal to or greater than that provided by seat belts of the approved types specified in paragraph 1.

Note : Amendments in this exercise are shown in underlined italics



Annex C

Road Traffic (Safety Equipment) Regulations (Cap 374)
Schedule 1
Approved Protective Helmets

1. Protective helmets bearing a marking applied by the manufacturer indicating compliance with the specifications contained in -

  1. British Standard 2495;
  2. Japanese Industrial Standard JIS T 8133-1970;
  3. Australian Standard E 33-1968;
  4. American National Standards Institute Z90.1-1966, Z90.1-1970 and Z90.1-1971;
  5. Institute Belge De Normalization BENOR NBN 626;
  6. Deutsche Normen DIN 4848;
  7. French National Standard AFNOR NFS 72-301;
  8. Dutch National Institute for Road Vehicles TNO;
  9. Snell Memorial Foundation. Standard for Protective Headgear 1970;
  10. Safety Helmet Council of America (SHCA) Certification;
  11. British Standard 5361.

2. Protective helmets of a type approved by the Commissioner bearing a marking determined by him indicating that the type of helmet has been accepted as capable of affording to persons riding motor cycles a degree of protection from injury equal to or greater than that provided by protective helmets of the types specified in paragraph 1.

Last Updated on 24 October 1997