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. Breaches of regulations are addressed through police enforcement.

Enforcement action continued to focus on reducing traffic accidents and improving traffic flow. Experience has shown that our efforts have significantly enhanced road safety. In 2016 there were a total of 2 129 547 enforcement actions, an increase of 16% compared with 2015. Drink driving, drug driving, speeding and illegal road racing, etc. remain issues of concern.

Road Traffic (Amendment) Ordinance 2012

With a view to achieving continuous improvement in the safety and service quality of Public Light Bus (PLB) operations, the Road Traffic (Amendment) Ordinance 2012 (hereinafter referred to as ‘the Ordinance’) came into effect on 13 April 2012. The Ordinance stipulates a maximum speed of 80 kilometres per hour (km/h) for PLBs when travelling on roads. It also requires a sign showing 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. In addition, the Ordinance mandates the installation of an approved speed limiter on every PLB by an authorised speed limiter installer. The PLB driver ID plate should also be displayed on every PLB.

The Ordinance introduces two further measures, which took effect later. From 1 December 2014, all new PLBs first registered on or after that date must be fitted with an Electronic Data Recording Device. In addition, with effect from 1 June 2015, applicants for a PLB driving licence are required to attend and complete a pre-service course for PLB drivers.

Selected Traffic Enforcement Priorities (STEP)

Road Safety is an operational priority for the Commissioner of Police. Selected Traffic Enforcement Priorities (STEP) has recently been comprehensively reviewed to align its targeting of offences with current traffic characteristics in respect of road safety, traffic flow and traffic offences that affect the community.

Statistics gathered from STEP and traffic accidents are regularly analysed to identify areas in which improvement to traffic policies and enforcement strategies can be made.

In 2016, there were over 16 000 traffic accidents involving over 25 000 vehicles, in which more than 20 000 persons were injured, including 132 persons killed and 2 492 seriously injured on Hong Kong’s roads.

The aims of STEP are to change undesirable behaviour by road users that causes accidents or obstructs traffic flow, and make it everyone’s responsibility to ensure the safety of every other road user.

In order to further reduce undesirable behaviour that constitutes STEP offences, we will focus on educating the public about road safety, risks caused by the offences and the reasons behind enforcement action.

Pedestrian Safety

Pedestrians continue to be the group most vulnerable to traffic accidents, accounting for 64% of fatalities in 2016. To address this, the Police Force regularly conducts territory-wide pedestrian road safety operations with a view to reducing traffic accidents involving pedestrians, particularly the elderly. Stringent enforcement actions are taken against pedestrians who blatantly jaywalk or who commit other serious traffic offences. In 2016, there were 21 398 prosecutions against pedestrians, an increase of two percent compared with 2015. Fatalities among elderly pedestrians aged 65 or above decreased by six percent from 49 persons in 2015 to 46 in 2016. The elderly were victims in 55% of all pedestrian fatalities. Alongside the Police’s continuous enforcement efforts, the Council pledges to enhance publicity about the safety of elderly pedestrians.

Cycling Safety

In recent years, cycling has become increasingly popular. Cyclists are vulnerable on roads and injuries in cycling accidents can be very serious. Territory-wide operations are regularly conducted to raise public awareness of cycling safety. Once on the road, cyclists are obliged to obey all applicable traffic laws and are subject to the Road Traffic Ordinance. Cyclists should pay attention to road safety. There were two percent more prosecutions against cyclists (9 524 cases) than in 2015.

Anti-Drink Driving

Drink driving legislation is enforced by testing of breath, blood and urine for alcohol. In 2016, some 1 072 persons were arrested for drink driving offences and the number of traffic accidents involving drink driving decreased from 264 cases in 2015 to 254 in 2016. Since late 2013, the Police have brought a Mobile Breath Test Centre (MBTC) into service to enhance the efficiency and effectiveness of drink driving enforcement. The Police are currently procuring three additional MBTCs to further combat drink driving.

Anti-Drug Driving

The Road Traffic (Amendment) Ordinance 2011 came into effect on 15 March 2012. It empowers police officers to require drivers to undergo a preliminary drug test that includes Drug Influence Recognition Observations (DIRO) and Impairment Tests (IT) if the driver is involved in a traffic accident or has committed a traffic offence when the vehicle is in motion, or is suspected of driving under the influence of specified illicit drugs or other drugs, or driving after use or consumption of specified illicit drugs. The Ordinance also empowers police officers to require drivers to provide a blood or urine specimen if the police officer forms an opinion after conducting preliminary drug tests that the driver’s ability to drive is impaired. In 2016, a total of 112 DIROs and seven ITs were conducted, resulting in a total of 19 drivers being arrested for drug driving offences.

Public Service Vehicles Related Offences

Territory-wide operations targeting drivers of 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 and enhancing traffic flow were mounted by the Police at irregular intervals. In 2016, the Police conducted operations in which a total of 321 drivers or passengers were summonsed and 3 546 drivers issued with fixed penalty tickets.

Seatbelt Offences

Wearing a seat belt is an effective way to reduce the severity of injury in a traffic accident. Seatbelt offences are tackled by territory-wide operations. In 2016, the Police conducted operations targeting seatbelt offences with a total of 676 summons and 6 845 fixed penalty tickets issued.