Road Tunnels (Government) (Amendment) Bill 1999
Amend the Road Tunnels (Government) Ordinance and to make other related amendments to the Road Tunnels (Government) Regulations.
Enacted by the Legislative Council.
1. Short title and commencement
(1) This Ordinance may be cited as the Road Tunnels (Government) (Amendment) Ordinance 1999.
(2) This Ordinance shall come into operation on 1 September 1999.
2. Regulations
Section 20 of the Road Tunnels (Government) Ordinance (Cap. 368) is amended by adding---
"(1A) Any regulations made under this section---
(a) may be made to apply in respect of all or any particular tunnel only; and
(b) may make different provisions for different tunnels.".
Road Tunnels (Government) Regulations
3. Interpretation
Regulation 2 of the Road Tunnels (Government) Regulations (Cap. 368 sub. leg.) is amended---
(a) by renumbering it as regulation 2(1);
(b) by adding---
"(2) Notwithstanding paragraph (1), a reference to goods vehicles in the Second Schedule in relation to the Cross-Harbour Tunnel shall be construed to include a reference to special purpose vehicles of the respective weights as specified therein.".
4. Prescribed signs and road markings
Regulation 3 is amended---
(a) by adding---
"(1A) Without prejudice to paragraph (1), the Authority for the purposes of regulating and controlling traffic may cause or permit to be displayed at the Cross-Harbour Tunnel any traffic sign of the type shown in any of the Figure Nos. 15 to 23 inclusive prescribed in the First Schedule.";
(b) in paragraph (3), by adding "or (1A)" after "(1)(a)";
(c) in paragraph (6)(a), by repealing "and 14" and substituting
", 14 and 15 to 23 inclusive".
5. Regulation added
The following is added---
"3A. Signal Lights
When a driver of a vehicle enters or proceeds through the tunnel area of the Cross-Harbour Tunnel and a traffic signal light facing him in or above the lane in which he is travelling displays---
(a) green, he shall proceed along that lane;
(b) red, he shall stop his vehicle as rapidly as is safe in the circumstances;
(c) flashing amber, he shall proceed along that lane with caution and be prepared to stop when the circumstances so require.".
6. Traffic confined to left-hand lanes
Regulation 8(c) is amended by adding "permission under regulation 11A(2) or" after "requiring".
7. General restrictions
Regulation 9 is amended---
(a) by renumbering it as regulation 9(1);
(b) by repealing paragraph (1)(d);
(c) in paragraph (1)(e), by adding "in accordance with paragraph (2) or" after "save";
(d) by adding---
"(2) No person shall enter or remain in any part of a tunnel area on foot unless he---
(a) is directed or signalled by an authorized officer to do so;
(b) does so in accordance with any Ordinance;
(c) is a public officer and needs to do so in the due execution of his duties;
(d) has been authorized to do so by the Authority;
(e) is boarding or alighting from a franchised bus, or proceeding to or from a bus stop or waiting for a franchised bus at a bus stop.".
8. Regulation added
The following is added in Part II---
"11A. Vehicles conveying dangerous goods
in the Cross-Harbour Tunnel
(1) Subject to this regulation, the operator of the Cross-Harbour Tunnel may fix the hours during which all or any of the vehicles to which this regulation applies may enter the tunnel area of the Cross-Harbour Tunnel.
(2) No person shall drive a vehicle to which this regulation applies into the tunnel area of the Cross-Harbour Tunnel except with the permission of the operator, which permission, if granted, shall be subject to the following conditions---
(a) if hours have been fixed under paragraph (1) in respect of the class of vehicle concerned, the permission shall relate only to those hours;
(b) a declaration shall be made in writing to the operator by the person in charge of the vehicle, or by the person responsible for the conveyance of any goods therein or thereon, as to the nature of the vehicle and goods; and
(c) the operator may provide authorized officers for the purpose of escorting the vehicle through the tunnel area of the Cross-Harbour Tunnel and may take any other precautionary measure which he deems expedient in the circumstances.
(3) This regulation applies to---
(a) a vehicle conveying any of the goods in Categories 3 to 10 in the Schedule to the Dangerous Goods (Application and Exemption) Regulations (Cap. 295 sub. leg.), other than Category 5;
(b) a vehicle conveying matches in bulk, radioactive substances, or biological specimens dangerous to human or animal life.".
9. Tolls
Regulation 12(3) is amended by adding "or (1A)" after "14(1)".
10. Vehicles requiring permits
Regulation 14 is amended by adding---
"(1A) No person shall drive within the tunnel area of the Cross-Harbour Tunnel a vehicle---
(a) the height of which (including load) exceeds 4.6 m; or
(b) with a wheel-load exceeding 4.5 tonnes or an axle load exceeding 11 tonnes,
other than in accordance with the conditions of a permit issued by the Authority for the passage of that vehicle.".
11. Exemptions
Regulation 15 is amended---
(a) in paragraph (1), by adding ", 3A" after "3(6)";
(b) in paragraph (2), by repealing "and 11" and substituting
", 11 and 11A".
12. Offences and penalties
Regulation 18 is amended---
(a) in paragraph (1)---
(i) by adding "3A," before "4(2)";
(ii) by repealing "12(2), 14(1) or 14(6)" and substituting "11A(2), 12(2), 14(1), (1A) or (6)";
(b) in paragraph (2), by adding ", 15, 16 and 22" after "inclusive";
(c) in paragraph (3), by repealing "or 14" and substituting
", 14 or 21";
(d) in paragraph (4)---
(i) by repealing "on first conviction";
(ii) by repealing everything after "3 months" and substituting a full stop.
13. Powers of an operator
Regulation 19 is amended by repealing "3(1) and (2), 4, 5, 12(3), 13 and 14(1), (2) and (3)" and substituting "3(1), (1A) and (2), 3A, 4, 5, 11A, 12(3), 13 and 14(1), (1A), (2) and (3)".
14. Signs
The First Schedule is amended by adding---
"FIGURE NO. 15
MOVE TO LEFT HAND LANE
WHEN THIS SIGN IS DISPLAYED ALL TRAFFIC SHOULD MOVE INTO OR REMAIN IN THE LEFT HAND LANE.
FIGURE NO. 16
SINGLE LANE WORKING
WHEN THIS SIGN IS DISPLAYED IT INDICATES THAT TWO--WAY TRAFFIC IS IN OPERATION IN TWO ADJACENT LANES AND ALL TRAFFIC SHOULD KEEP IN THE LEFT HAND LANE AND PROCEED IN THE DIRECTION OF THE ARROW OVER THE LANE.
FIGURE NO. 17
USE DIPPED HEADLIGHTS
WHEN THIS SIGN IS DISPLAYED ALL TRAFFIC SHOULD PROCEED THROUGH THE TUNNEL ON DIPPED HEADLIGHTS.
FIGURE NO. 18
HEIGHT GAUGE
WHEN THE STOP SIGN IS DISPLAYED ALL VEHICLES SHOULD STOP UNTIL INSTRUCTED TO PROCEED BY AN AUTHORIZED OFFICER.
FIGURE NO. 19
SINGLE TUBE WORKING
WHEN THIS SIGN IS DISPLAYED IT INDICATES THAT ONLY THE LEFT HAND TUBE OF THE TUNNEL IS IN OPERATION AND THAT DRIVERS SHOULD PROCEED WITH CAUTION.
FIGURE NO. 20
SINGLE TUBE WORKING
WHEN THIS SIGN IS DISPLAYED IT INDICATES THAT ONLY THE RIGHT HAND TUBE OF THE TUNNEL IS IN OPERATION AND THAT DRIVERS SHOULD PROCEED WITH CAUTION.
FIGURE NO. 21
PAYMENT OF EXACT TOLL
WHEN THIS SIGN IS DISPLAYED AT A TOLL BOOTH IT INDICATES THAT THE TOLL BOOTH IS FOR USE ONLY BY DRIVERS PAYING THE CORRECT TOLL AND REQUIRING NO CHANGE TO BE GIVEN AND THAT THE USE OF THE TOLL BOOTH BY MOTOR CYCLES IS PROHIBITED.
FIGURE NO. 22
DO NOT ENTER TUNNEL
WHEN THIS SIGN IS DISPLAYED AT THE TUNNEL ENTRANCE IT INDICATES THAT VEHICLES SHOULD STOP AND NOT PROCEED INTO THE TUNNEL UNTIL INSTRUCTED TO PROCEED BY AN AUTHORIZED OFFICER OR THE GREEN TRAFFIC SIGNAL LIGHT REFERRED TO IN REGULATION 3A OF THE ROAD TUNNELS (GOVERNMENT) REGULATIONS (CAP. 368 SUB. LEG.) IS DISPLAYED.
FIGURE NO. 23
KEEP LEFT SIGN FOR TUNNEL
THIS SIGN INDICATES THAT BUSES, MEDIUM AND HEAVY GOODS VEHICLES MUST KEEP TO THE NEARSIDE LANE.".
15. Tolls and Fees
The Second Schedule is amended---
(a) under the subheading "Removal Fee"---
(i) by adding a new column with the heading "Cross-Harbour Tunnel" between the "Airport Tunnel" and the "Lion Rock Tunnel";
(ii) in the column under the heading of "Cross-Harbour Tunnel"---
(A) in item 1, by adding "$140";
(B) in item 2, by adding "$175";
(C) in item 3, by adding "$215";
(b) under the subheading "Permit Fee"---
(i) by adding a new column with the heading "Cross-Harbour Tunnel" between the "Airport Tunnel" and the "Lion Rock Tunnel";
(ii) in the column under the heading of "Cross-Harbour Tunnel", in the entry for "All vehicles", by adding "$82".
Explanatory Memorandum
The purpose of this Bill is to amend the Road Tunnels (Government) Ordinance (Cap. 368) to allow regulations made under that Ordinance to provide differently for different tunnels. Clause 2 makes a provision for this purpose.
2. Clauses 3 to 15 of the Bill amend the Road Tunnels (Government) Regulations (Cap. 368 sub. leg.) ("the Regulations") to make provisions for the further regulation of traffic at the tunnels.
3. Clause 3 provides for special purpose vehicles for the purpose of the Cross-Harbour Tunnel.
4. Clause 4 allows the Commissioner for Transport to display prescribed traffic signs at the Cross-Harbour Tunnel.
5. Clause 5 provides for signal lights.
6. Clause 7 prohibits any person from entering or remaining in a tunnel area on foot unless he does so for specified purposes.
7. Clauses 8 and 10 provide for the regulation of the use of the Cross-Harbour Tunnel by vehicles conveying dangerous goods and vehicles of certain height and load.
8. Clause 12 provides for offences and penalties.
9. Clause 14 adds a number of traffic signs for the purpose of the Cross-Harbour Tunnel.
10. Clause 15 provides for vehicle removal fees and permit fees in relation to the Cross-Harbour Tunnel.
11. Clauses 6, 9, 11 and 13 provide for the consequential amendments to the Regulations.
