Legislation and Enforcement

Traffic regulations address the mutual relationships among road users and also the relationship between road users and their surroundings. They aim to promote the safe and smooth flow of traffic on roads. The breaking of rules is addressed through police enforcement.

In 2013, among Hong Kong’s population of over seven million, there were 130 traffic fatalities. Enforcement action in Hong Kong in 2013 continued to focus on reducing traffic accidents and improving traffic flow. Experience has shown that efforts here bring significant benefits in road safety. The overall enforcement figure in 2013 was 1,573,247, an increase of 7% compared with 2012. Drink-driving, drug driving, speeding and illegal road racing remain recurrent key issues. Introducing and enforcing traffic laws and policies that are commensurate with Hong Kong’s traffic trends in 2013 are summarised here.

Legislation

Drug Driving

In response to the upsurge of drug driving cases in 2010, the Road Traffic (Amendment) Ordinance 2011 came into effect on 15 March 2012, introducing new offences and providing police with additional enforcement powers. These include powers to require drivers to provide blood or urine specimens and to undergo a preliminary drug test that includes Drug Influence Recognition Observations (DIRO), Impairment Tests (IT) and Rapid Oral Fluid Tests (ROFT). The power to require drivers to undergo ROFT will be exercised when a suitable device is brought into service.

Road Traffic (Amendment) Ordinance 2012

With a view to achieving continuous improvements in the safety of Public Light Bus (PLB) operation and the quality of its services, the Road Traffic (Amendment) Ordinance 2012 came into effect on 13 April 2012. The new Ordinance stipulates a maximum speed limit of 80 kilometres per hour (km/h) for PLBs when travelling on roads. The Road Traffic (Construction and Maintenance of Vehicles) Regulations, Cap. 374A, were amended to mandate installation of an approved speed limiter on every PLB by an authorised speed limiter installer. In addition, the new Ordinance requires a sign containing only the words “THE MAXIMUM SPEED OF THIS VEHICLE IS LIMITED TO 80 KM/H” to be displayed in a conspicuous position in the passenger compartment of every PLB. The PLB driver ID plate and PLB driver ID plate holder should also be displayed.

Enhanced Enforcement Action

Selective Traffic Enforcement Policy (STEP)

In 1993, the Police introduced the Selective Traffic Enforcement Policy (STEP) to assist police officers in setting priorities for traffic enforcement in order to enhance road safety.  Statistics gathered from STEP and traffic accidents are regularly analysed to identify areas of concern in order to improve traffic policies and enforcement strategies.

Drug Driving

After the introduction of more stringent enforcement action against drug driving, the number of drivers arrested for drug driving offences decreased by 33% from 55 drivers in 2012 to 37 in 2013, clearly demonstrating the determination of the administration to combat drug driving. In 2013, 117 Drug Influence Recognition Observations (DIRO) and 20 Impairment Tests (IT) were conducted, resulting in a total of 37 drivers being arrested for drug driving offences.

Drink Driving

Drink driving legislation is enforced by blood, breath and urine alcohol testing, and consistent and visible enforcement is a powerful deterrent. In order to further combat drink driving behaviour and enhance the effectiveness of breath tests, 280 Dräger Alcotest 6810 units were procured in 2012. Since 9 February 2009, Section 39B of the Road Traffic Ordinance, Cap. 374, has empowered the Police to conduct Pre-Screening Tests (PST). As at 31 December 2013, a total of 583,971 drivers had been tested. In 2013, the number of traffic accidents involving drink driving dropped significantly by 67% when compared with 2008.

Cycling Safety

In recent years, cycling has become more popular, especially following the success of Ms Sarah Lee Wai-sze in the 2012 London Olympic cycling event.  Operations targeting cycling offences, especially those involving occupational cyclists, continued to raise awareness of cycling safety through education, publicity and enforcement. There were 15% more prosecutions against cyclists (13,609 cases) than in 2012.

Pedestrian Safety

Pedestrians continue to be the group most vulnerable to traffic accidents, accounting for 65% of fatalities in 2013.  To address this, the Police continue to enforce laws and take stringent enforcement action against jaywalkers and other blatant pedestrian offenders.  In 2013, there were 23,600 prosecutions against pedestrians, an increase of 17% compared with 2012.  Fatalities among elderly pedestrians increased by 21% from 47 cases in 2012 to 57 in 2013.  the elderly were victims in 68% of all pedestrian fatalities, a high proportion of the total. Alongside continued enforcement action, the Council pledges to enhance publicity about elderly pedestrian safety.

Seatbelt Offences

It is estimated that, globally, seat belts have saved the lives of millions of people who would have died in road collisions if not belted, making it overall the biggest life saver on the roads. The seat belt remains the single most effective safety feature in vehicles. Seatbelt offences are tackled by territory-wide operations. In 2013, the Police conducted operations targeting PLBs seatbelt offences with a total of 5 drivers and 664 passengers summonsed.

Public Service Vehicles

Last year, 97 cases out of 128 fatal accidents (76%) involved public service vehicles and goods vehicles.  Operations targeting drivers of goods vehicles and public service vehicles, such as franchised buses, public light buses and taxis, to enhance their road safety awareness with the aim of reducing traffic accidents were mounted by Police at regular intervals. In 2013, the Police conducted operations with a total of 677 drivers or passengers summonsed and 9,869 drivers issued with fixed penalty tickets.

 


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