HK Cap. 107B — Tramway Regulations

Tramway Regulations ( Cap. 107, section 38 ) [12 September 1986] (Format changes— E.R. 3 of 2021 ) 1. Citation These regulations may be cited as the Tramway Regulations. 2. Interpretation In these regulations, unless the context otherwise requires— Commissioner ( 署長 ) means the Commissioner for Transport; designated tram stop ( 指定電車站 ) means a place designated as a tram stop under regulation 3 ; Secretary ( 局長 ) means the Secretary for Transport and Logistics. ( L.N. 106 of 2002 ; L.N. 130 of 2007 ; L.N. 144 of 2022 ) 3. Designation of tram stops (1) The company may, with the permission in writing of the Commissioner, designate any place on a road as a tram stop by the erection thereon, or as near thereto as practicable, of a sign of such type and construction as may be approved by the Commissioner. (2) If the Commissioner considers it is in the public interest that a place on a road be designated as a tram stop he may, by notice in writing served on the company giving reasons, require the company to designate that place as a tram stop by erecting a sign in the manner prescribed by paragraph (1) before the date specified in the notice (which date shall be not earlier than 14 days after the date of the notice). (3) The company may, with the permission in writing of the Commissioner, revoke the designation of any place as a tram stop by removing the sign erected in respect thereof. (4) The Commissioner may, by notice in writing served on the company giving reasons, require the company to revoke the designation of any place as a tram stop, either temporarily or permanently, by removing the sign erected in respect thereof before the date specified in the notice (which date shall, where practicable, be not earlier than 7 days after the date of the notice). (5) The Commissioner shall notify the company in writing of any refusal to grant permission under paragraph (1) or (3). (6) The company shall at all times maintain any sign erected under this regulation in good order, condition and repair to the satisfaction of the Commissioner. (7) Any place on a road in respect of which, at the commencement* of these regulations, a sign has been erected and is maintained by the company for the purpose of indicating that cars may stop at that place, shall be deemed to be a designated tram stop. (8) In any proceedings under these regulations in relation to a place alleged to be a designated tram stop, a sign that is erected at or near such place and which purports to indicate that cars may stop at that place shall be deemed to have been erected under this regulation unless the contrary is proved. (9) If the company— (a) erects a sign in contravention of paragraph (1); (b) removes a sign in contravention of paragraph (3); (c) fails to comply with the terms of a notice issued under paragraph (2) or (4) and does not appeal in accordance with regulation 6 ; or (d) where an appeal is made in accordance with regulation 6 , fails to comply with the terms of the notice as confirmed, varied or amended by the Secretary under that regulation, the company commits an offence and is liable to a fine at level 1 and to a further fine of $100 for each day on which the offence continues. ( E.R. 3 of 2021 ) Editorial Note: * Commencement date: 12 September 1986. 4. Boarding and alighting of passengers (1) The driver of a car shall, if requested to do so, stop the car at a designated tram stop for the purpose of allowing passengers or intending passengers to alight from or board the car. (2) The driver of a car shall not, for the purpose of allowing passengers or intending passengers to alight from or board the car, stop the car at a place other than a designated tram stop. (3) The driver of a car who without reasonable excuse contravenes paragraph (1) or (2) commits an offence and is liable to a fine at level 1 and to imprisonment for 3 months. ( E.R. 3 of 2021 ) 5. Company to issue instructions The company shall from time to time issue advisory instructions to the Commissioner of Police setting out the course of action recommended in the event of a trolley wire failing onto a road or the safety of the public being otherwise endangered in connexion with the tramway. 6. Appeal by company (1) The company, if it is aggrieved by any decision or requirement of, or the refusal of permission by, the Commissioner under regulation 3 , may, within 14 days of receiving notice in writing of such decision, requirement or refusal, appeal in writing to the Secretary. (2) The Secretary shall, within 28 days of receiving notice of an appeal under paragraph (1), consider the appeal and may confirm, reverse, vary or amend the decision or requirement of, or the refusal of permission by, the Commissioner. (3) The Secretary shall notify the company and the Commissioner of his decision on an appeal.