Hong Kong Regulations

ROAD TRAFFIC (CONSTRUCTION AND MAINTENANCE OF VEHICLES) REGULATIONS - REGULATION 31

Smoke, etc.

(Past version on 27/02/1999).
(Past version on 30/06/1997).

(1) Every motor vehicle shall be so constructed and maintained that-

   (a)  no excessive smoke or visible vapour is emitted therefrom;

   (b)  so far as is reasonably practicable, the products of combustion,
        ashes, steam, cinders, petrol, water or oil are not discharged on the
        road or in such manner as to be likely to cause damage to property or
        injury or danger or loss of amenity or annoyance to persons.

(2) For the purposes of paragraph (1)(a), smoke or visible vapour shall be
deemed to be excessive if the smoke or visible vapour emitted from the vehicle
measured by means of any one of the apparatuses specified by the Commissioner
from time to time by notice published in the Gazette exceeds the maximum
permitted smoke or visible vapour level specified in column 1 of Part I of the
Fourth Schedule or the maximum permitted smoke or visible vapour level in
absolute units of light absorption specified in column 2 of that Part. (L.N.
14 of 1999; L.N. 160 of 2000)

(2A) For the avoidance of doubt, a notice under paragraph (2) is not
subsidiary legislation. (L.N. 14 of 1999)

(3) Every motor vehicle using solid fuel shall be fitted with an efficient
appliance for the purpose of preventing the emission of sparks or grit.

(4) It shall be a good defence in any proceedings in respect of a
contravention of this regulation to prove that the emission or discharge was
due to some temporary or accidental cause which could not be prevented by the
exercise of reasonable care.