The Government's Response
to Issues raised by the Honourable Members
at the Second Bills Committee
on Road Traffic (Amendment) Bill 1998
on 21 January 1999

Issue 1

Would the Government provide a breakdown of the statistics on breathalysed drivers (1996 - 1998) in terms of age and sex, the time of the day at which screening tests were conducted, the percentage of case the drunken drivers who were at fault in the accidents, and the proportion of screening tests conducted as a result of traffic accidents?

The statistics on breathalysed drivers (1996 - 1998) in terms of age, sex and the time of the day are at Annex A.

The percentage of case where the drunken drivers were at fault in the accidents was 75%. The proportion of screening tests conducted as a result of traffic accidents was 97%.

Issue 2

Would the Government provide a breakdown of vehicle types involved in drink driving accidents between 1996 and 1998 which resulted in fatalities?

The requested information is set out below:

Private Car	22
Light Goods Vehicles	5
Taxi	1
Motor Cycle	7
Public Light Bus	2
Bicycle	2
______________________
Total	39

Issue 3

Would the Government consider providing the full text of the overseas researches referred to in Government's earlier written response?

Texts of the researches referred to in Government's earlier written response are at Annex B.

Issue 4

Would the Government consider providing an assessment of the transportation and parking costs to be incurred by drivers who would not be able to drive after drinking, and whether a new service could be provided for vehicles of such drivers to be driven back to designated places at the drivers' request?

Based on an average parking duration of 12 hours and an hourly charge of $17, it is estimated that the parking cost would be about $200. The transportation cost for the home bound trip will vary with the type of transport to be used and the distance between the drinking places and the drivers' home.

The Government has no plans to arrange for the provision of pick up service for drink drivers. We believe if there is the demand, the private sector will provide this service on a commercial basis.

Issue 5

Would the Government provide a comparison of the benefits and liabilities for both Government and the owners and drivers of school private light buses before and after coming under the PSL scheme?

A comparison of the benefits and liabilities for both Government and the owners and drivers of school private light buses is at Annex C.

Issue 6

Would the Government provide a comparison of the rights and liabilities of school private light buses vis-a-vis other passenger services vehicles under the PSL scheme?

The relevant comparison is at Annex D.

Issue 7

Would the Government consider providing a complete list of management agreements (including those for management of tunnels) signed by the Government which are in similar situation as the two agreements identified where general revenue has been "retained" by private operators?

The relevant Management Agreements under the purview of Transport Department are listed in Annex E.

Annex C

	Government		Owners/drivers of school PLB
Benefits & Liabilities	Before coming under PSL scheme (a)	After coming under PSL scheme (b)	Before coming under PSL scheme (c)	After coming under PSL scheme (d)
Type of approval given to operators	Issue letters of approval	Issue PSL under Section 27 of Road Traffic Ordinance (RTO), Cap. 374, in line with authorizing public bus and public light bus services. PSL is issued to the operator, not the vehicle	To renew letter of approval annually	To renew PSL bi-annually, hence more convenient.
Payment of fees	Free of charge	PSL fee : $396 per year PSL Certification fee for each vehicle : $160 per year	No payment of fee	Payment of fee as per (b)
Expediency and Uniformity in implementing new or revised licensing conditions, including safety measures	Licensing conditions amended as and when individual vehicle licences are renewed. Therefore the Government cannot introduce any new safety requirements to PSL until their licences are due for renewal.	Licensing conditions can be amended by giving 3 months' notice to the PSL holders after consultation, and all vehicles under the same PSL will be subject to the amended conditions all in one go.	To abide by licensing conditions stipulated in approval letters issued to individual vehicles.	To abide by licensing conditions under the PSL. Conditions are the same as (c), until further revision.
Insurance payment	N.A.	N.A.	Insurance premium is related to seating capacity and the service provided. As the seating capacity and nature of service will not be directly affected by the PSL, no change to the insurance premium is expected.
Enforcement action	Any non-compliance with the licensing conditions can be prosecuted under : (i) sections 52(9) and (10) of the RTO, Cap. 374; or (ii) section 3 of the Fixed Penalty (Criminal Proceedings) Ordinance, Cap. 240.	In addition to (a), any non-compliance with the PSL conditions can resort to holding an inquiry under section 30 of RTO, Cap. 374 to determine whether to cancel, suspend or vary the PSL	The licence issued to the vehicle might be cancelled, suspended or varied if the licences are infringed.	The PSL issued to the operator might be cancelled, suspended or varied if the conditions are infringed.

Annex D

Rights & Liabilities	School Private Light Bus	Other Passenger Services Vehicles (Public/Private Buses, Public Light Buses)
Types of service which can be provided.	To provide school private light busservice only	Public Bus : To provide tour service, hotel service, student service, employees' service, international passenger service, residents' service, multiple transport service and contract hire service. Private Bus : To provide student service, employees' service, disabled persons' service. GMB : To provide public light bus (scheduled) service RMB ; To provide public light bus (non-scheduled) service
Duration of PSL	2-year PSL will normally be granted	2-year PSL will be granted (except GMB : 3-year PSL)
Payment of fee	PSL fee : $396 per year PSL Certificate fee for each vehicle :$160 per year	Same
PSL conditions	Apart from the specified type of service, particular conditions to enhance school children safety will be included : e.g. driver shall not leave the driver's seat when student passengers are on board etc.	Different conditions to suit different types of servicesto be imposed.
Vehicle Examination	No change - Annual examination	Annual examination

Annex E

Road Traffic Ordinance (Cap. 374)

Management Contract	Existing Contractor	Contract Period of the Existing Contract
1. Agreement for the management, operation and maintenance of parking meters	Hong Kong Parking Limited	20.9.1997 -19.9.2001
2. Agreement for the management, operation and maintenance of New Kowloon Bay Vehicle Examination Centre	Dah Chong Hong (Motor Service Centre) Ltd	1.6.1995 -31.5.1999

Road Tunnels (Government) Ordinance (Cap. 368)

Management Contract	Existing Contractor	Contract Period of the Existing Contract
1. Agreement for the management, operation and maintenance of Aberdeen Tunnel	Serco Guardian (F.M.) Ltd.	29.9.1998 - 28.9. 2002
2. Agreement for the management, operation and maintenance of Airport Tunnel and Lion Rock Tunnel	Serco Guardian (F.M.) Ltd.	26.3.96 - 25.3.2000
3. Agreement for the management, operation and maintenance of Shing Mun Tunnels and Tseung Kwan O Tunnel	China Tollways Ltd.	1.4.1996 - 31.3.2000