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Road Traffic (Amendment) Bill 1998
Amend the Road Traffic Ordinance.
Enacted by the Legislative Council.
PART I
Preliminary
1. Short title and commencement
(1) This Ordinance may be cited as the Road Traffic (Amendment) Ordinance 1998.
(2) Parts I and IV shall come into operation on the day this Ordinance is published in the Gazette.
(3) Parts II and III shall come into operation on 1 May 1999.
PART II
Amendments Related to Drink Driving
2. Interpretation
Section 2 of the Road Traffic Ordinance (Cap. 374) is amended---
(a) in the definition of "prescribed limit", by repealing "35", "80" and "107" and substituting "22", "50" and "67" respectively;
(b) by adding---
""breath test centre" (呼氣測試中心) means a place or vehicle designated by the Commissioner of Police as a breath test centre under section 39C(20);".
3. Screening breath tests
Section 39B is amended---
(a) in subsection (2), by repealing "車輛" where it first appears and substituting "汽車";
(b) in subsection (4), by repealing "police station or hospital" and substituting "breath test centre, a police station or a hospital";
(c) in subsection (6), by adding "呼氣" before "樣本".
4. Provision of specimens for analysis
Section 39C is amended---
(a) in subsection (1)---
(i) by repealing "在無合理辯解下";
(ii) by adding "而有合理辯解" after "作檢查呼氣測試";
(b) in subsection (2)(b), by adding "the breath test centre," before "the police";
(c) in subsection (4), by repealing everything after "with his consent" and substituting "by a medical practitioner, a registered nurse or an enrolled nurse may be given by the production of a document certifying that fact and purporting to be signed by the medical practitioner, the registered nurse or the enrolled nurse, as the case may be.";
(d) in subsection (6)---
(i) by repealing "police station or at a hospital" and substituting "breath test centre, a police station or a hospital";
(ii) by repealing "呼吸" and substituting "呼氣";
(e) in subsection (7), by repealing "hospital" and substituting "breath test centre, a police station or a hospital";
(f) in subsection (8), by repealing "police station or at a hospital" where it twice appears and substituting "breath test centre, a police station or a hospital";
(g) in subsection (10), by adding ", registered nurse or enrolled nurse" after "practitioner";
(h) in subsection (11), by repealing "by a medical practitioner";
(i) by adding---
"(20) The Commissioner of Police may by notice in the Gazette designate a place or vehicle to be a breath test centre.
(21) For the purposes of this section, "registered nurse" (註冊護士) and "enrolled nurse" (登記護士) have the respective meanings assigned to them by section 2 of the Nurses Registration Ordinance (Cap. 164).".
5. Choice of specimens of breath
Section 39D(2) is amended by repealing "50" and substituting "37".
PART III
Amendments Related to Private Light Buses
6. Interpretation
Section 2 is amended---
(a) by repealing the definition of "private light bus" and substituting---
""private light bus" (私家小巴) means---
(a) a school private light bus; or
(b) a light bus (other than a school private light bus) used or intended for use---
(i) otherwise than for hire or reward; or
(ii) exclusively for the carriage of persons who are disabled persons and persons assisting them, whether or not for hire or reward;";
(b) by adding---
""school private light bus" (學校私家小巴) means a light bus used or intended for use primarily for the carriage of persons who are the students of an educational institution, persons accompanying or in charge of such students, teachers or employees of the institution, to or from the institution, whether or not for hire or reward;".
7. Regulation of public service vehicles
Section 7(1)(l) is amended by repealing "private buses and public light buses" and substituting "public light buses, private buses and school private light buses".
8. Power to refuse or cancel licence and to
impose conditions in respect of taxis
Section 25(1)(vii) is amended by adding "school private light bus," after "private bus,".
9. Passenger service licence
Section 27 is amended---
(a) in subsection (1), by repealing "private buses or public light buses" and substituting "public light buses, private buses or school private light buses";
(b) in subsection (3)---
(i) in paragraph (b), by repealing "or";
(ii) in paragraph (c), by repealing the full stop and substituting "; or";
(iii) by adding---
"(d) a school private light bus service.".
10. Restriction on the use of vehicles
Section 52 is amended---
(a) in subsection (3)---
(i) in paragraph (ii)---
(A) by repealing "or private light bus";
(B) by repealing "or" at the end;
(ii) by adding---
"(iia) the vehicle is licensed as a private light bus and is used---
(A) as a school private light bus; or
(B) exclusively for the carriage of persons who are disabled persons and persons assisting them; or";
(b) in subsection (4)(a), by adding "a school private light bus" after "a private bus,".
11. Transitional
If immediately before the commencement of this Part, a licence issued under section 21 of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374 sub. leg.) is in force in respect of a private light bus, this Part shall not apply in relation to the private light bus until---
(a) the licence expires; or
(b) (if the licence expires on a date after 1 September 2000)1 September 2000.
Related Amendments
Road Traffic (Construction and Maintenance of Vehicles) Regulations
12. Signs on school private light buses
Regulation 51 of the Road Traffic (Construction and Maintenance of Vehicles) Regulations (Cap. 374 sub. leg.) is amended---
(a) in paragraph (1)---
(i) by repealing everything before subparagraph (a) and substituting---
"(1) A school private light bus providing a service for hire or reward---";
(ii) in subparagraph (d), by repealing "the students, teachers or employees" and substituting "the passengers of the school private light bus";
(b) in paragraph (3), by adding "school" before "private light bus".
Road Traffic (Public Service Vehicles) Regulations
13. Application for passenger service licence
Regulation 4(1) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374 sub. leg.) is amended by repealing "or a public light bus service" and substituting ", a public light bus service or a school private light bus service".
14. Fees
Schedule 1 is amended---
(a) in Part A, by adding---
"3A. School private light bus service $396 per annum";
(b) in Part B, by adding---
"3A. School private light bus $160 per vehicle per annum".
PART IV
Amendments Related to Remuneration, etc.
under Management Agreements
15. Section added
The Road Traffic Ordinance (Cap. 374) is amended by adding in Part XII---
"115A. Remuneration, etc. under
management agreements
(1) Where there is a parking meter management agreement or vehicle examination centre management agreement between the Government and any person, and the terms of the agreement have been approved by the Financial Secretary for the purposes of this section, those parts or percentages of any moneys raised or received for the purposes of the Government under the agreement which that person is entitled under the agreement to retain by way of remuneration or reimbursement shall not form part of the general revenue for the purposes of section 3(1) of the Public Finance Ordinance (Cap. 2).
(2) Subsection (1) applies in relation to a parking meter management agreement or vehicle examination centre management agreement entered into before the commencement of Part IV of the Road Traffic (Amendment) Ordinance 1998 ( of 1998) as it applies in relation to such an agreement entered into on or after that commencement, but nothing in this section shall be construed as applying to any moneys raised or received for the purposes of the Government before the date of the approval of the Financial Secretary under subsection (1).
(3) In this section---
"parking meter management agreement" (停車收費錶管理協議) means an agreement entered into by any person with the Government authorizing that person to undertake such functions relating to parking meters as are specified by the Commissioner and on such terms and conditions as are imposed by the Commissioner;
"vehicle examination centre management agreement" (驗車中心管理協議) means an agreement under section 88(3) authorizing a person to operate a place as a vehicle examination centre.".
Explanatory Memorandum
The main purposes of this Bill are---
(a) to tighten the statutory limits for alcohol concentration permitted in drivers' blood, urine and breath and to modify the relevant specimen taking procedures;
(b) to put private light buses providing a transport service for students under the control of the existing passenger service licence scheme; and
(c) to provide that such portion of the moneys raised or received for the purposes of the Government under the parking meter management agreement or vehicle examination centre management agreement which the operator is entitled under the agreement to retain by way of remuneration or reimbursement shall not form part of the general revenue.
2. Clause 2---
(a) amends the definition of "prescribed limit" by reducing the proportions of alcohol in breath, blood and urine that constitute the prescribed limit;
(b) adds the definition of "breath test centre".
3. Clause 3 amends section 39B to enable screening breath tests to be taken at breath test centres.
4. Clause 4 amends section 39C to enable---
(a) requirements for providing a specimen of breath or urine to be made at breath test centres (paragraphs (d) and (f));
(b) requirements for providing a specimen of blood to be made at police stations and breath test centres (paragraph (e));
(c) nurses to take blood specimens (paragraph (g));
(d) the Commissioner of Police to designate a place or vehicle to be a breath test centre (paragraph (i)).
5. Clause 5 provides for an amendment consequent on the tightening of the statutory limit for alcohol concentration permitted in drivers' breath.
6. Clause 6 amends the definition of "private light bus" and adds the definition of "school private light bus".
7. Clauses 7 to 10 and 12 to 14 amend the existing provisions applicable to vehicles currently under the control of the passenger service licence scheme so that such provisions will also be applicable to school private light buses.
8. Clause 11 is a transitional provision which provides that a private light bus with a valid vehicle licence immediately before the commencement of
Part III of this Ordinance will not be subject to that Part until the licence expires or 1 September 2000, whichever is earlier.
9. Clause 15 adds a new provision which provides that where the terms
of a parking meter management agreement or vehicle examination centre management agreement have been approved by the Financial Secretary for the purposes of the provision, such portion of the moneys raised or received for the purposes of the Government under the agreement which the operator is entitled under the agreement to retain by way of remuneration or reimbursement shall not form part of the general revenue for the purposes of section 3(1) of the Public Finance Ordinance (Cap. 2).
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