Hong Kong Regulations

ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 9

Physical fitness

(Past version on 30/06/1997).

(1) On application for a driving licence or renewal thereof, the applicant
shall make a declaration in such form and in such manner as is specified by
the Commissioner as to whether or not he is suffering from any disease or
physical disability specified in the First Schedule, or any other disease or
physical disability which would be liable to cause the driving by him of a
motor vehicle of such class as he would be authorized to drive by the licence
for which he is applying to be a source of danger to the public. (L.N. 3 of
2008)

(2) If, from the declaration required by paragraph (1), it appears to the
Commissioner that the applicant is suffering from any disease or physical
disability referred to in paragraph (1), the Commissioner shall refuse to
issue or renew the driving licence: (L.N. 3 of 2008) Provided that-

   (a)  a driving licence limited to driving an invalid carriage may be
        granted or renewed if the Commissioner is satisfied that the applicant
        is fit to drive an invalid carriage;

   (b)  the applicant may, except in the case of any disease or physical
        disability specified in the First Schedule, claim to be subjected to a
        test specified by the Commissioner as to his fitness or ability to
        drive a motor vehicle of any such class as he would be authorized by
        the driving licence to drive, and if the applicant passes the test the
        driving licence shall not be refused by reason only of the declared
        disease or physical disability but may, if the test proves the
        applicant's fitness to drive only a motor vehicle of a particular
        construction or design, be limited to the driving of a vehicle of such
        construction or design.

(2A) Without prejudice to paragraph (2), a holder of a valid driving licence
who suffers from-

   (a)  any disease or physical disability specified in the First Schedule; or

   (b)  any disease or physical disability-

        (i)    not being a disease or physical disability specified in the
               First Schedule; and

        (ii)   which is liable to cause the driving by him of a motor vehicle

(being a motor vehicle of any such class as he is authorized by the driving
licence to drive) to be a source of danger to the public, from which he did
not suffer at the time when the issue or renewal (as the case may be) of the
licence was applied for shall, after he becomes aware of such disease or
disability, forthwith give notice in writing of such fact to the Commissioner.
(L.N. 183 of 1997)

(2B) Where a notice under paragraph (2A) is received by the Commissioner from
a holder of a driving licence, the Commissioner may, if after making such
inquiry as he considers necessary he is satisfied that there is reasonable
ground to believe that the licence holder is suffering from any disease or
disability referred to in paragraph (2A)(b)-

   (a)  cancel the driving licence and grant a driving licence limited to
        driving an invalid carriage to the licence holder if he is satisfied
        that the licence holder is fit to drive an invalid carriage; or

   (b)  cancel the driving licence after giving to the licence holder written
        notice of his intention to do so. (L.N. 183 of 1997)

(2C) A holder of a driving licence to whom a notice is given under paragraph
(2B)(b) may claim to be subjected to a test as to his fitness or ability to-

   (a)  drive a motor vehicle of a particular construction or design; or

   (b)  drive a motor vehicle of any class he is authorized by the licence to
        drive provided he wears suitable spectacles or other corrective
        lenses, a hearing aid or other apparatus, and if he passes the test
        specified by the Commissioner the driving licence shall not be
        cancelled or, if it has already been cancelled, it shall be returned
        to the licence holder and the cancellation shall be rescinded. (L.N.
        183 of 1997)

(3) If it appears to the Commissioner that there is reason to believe that any
person who holds a driving licence is suffering from a disease or physical
disability not specified in the First Schedule which is liable to cause the
driving by him of a motor vehicle, being a motor vehicle of any such class as
he is authorized by the driving licence to drive, to be a source of danger to
the public, and after making such inquiry as he considers necessary the
Commissioner is satisfied that the licence holder so suffering from such
disease or physical disability has previously passed a test under this
regulation, the Commissioner, after giving to the licence holder notice of his
intention to cancel the driving licence, may cancel the driving licence: (L.N.
183 of 1997) Provided that a licence holder, except in the case of any disease
or physical disability specified in the First Schedule, may claim to be
subjected to a test as to his fitness or ability to-

   (a)  drive a motor vehicle of a particular construction or design; or

   (b)  drive a motor vehicle of any class he is authorized by the licence to
        drive provided he wears suitable spectacles or other corrective
        lenses, a hearing aid or other apparatus, and if he passes the test
        specified by the Commissioner the driving licence shall not be
        cancelled or, if it has already been cancelled, it shall be returned
        to the licence holder and the cancellation thereof shall be rescinded.

(4) The Commissioner may impose on a driving licence the holder of which has
been subjected to a test under paragraph (2C) or (3) a condition that the
licence holder shall wear suitable spectacles or other corrective lenses, a
hearing aid or other apparatus while driving, or may limit the driving licence
to the driving of a motor vehicle of a particular construction or design.
(L.N. 183 of 1997)

(5) A licence holder whose driving licence is endorsed with a condition that
he shall wear suitable spectacles or other corrective lenses, a hearing aid or
other apparatus when driving shall not drive without wearing such spectacles
or other corrective lenses, hearing aid or other apparatus.

(6) The Commissioner shall refuse to issue or renew a driving licence in the
case of an applicant, who is 70 years of age or more, who-

   (a)  is not medically fit to drive and control a motor vehicle in the class
        to which his application relates; or

   (b)  is not able to read a registration mark at a distance of 23 metres in
        good daylight (with the aid of spectacles or other corrective lenses,
        if worn).

(7) A licence holder who has been given a notice in accordance with paragraph
(3) shall, within 72 hours after receipt of such notice, surrender his driving
licence to the Commissioner for cancellation.

(8) (a) Paragraphs (2A), (2B) and (2C) do not apply in relation to driving
licences issued before the commencement of the Road Traffic (Driving Licences)
(Amendment ) (No. 2) Regulation 1997. (L.N. 183 of 1997).

   (b)  This paragraph shall cease to have effect at the end of the period of
        3 years after the commencement of the Road Traffic (Driving Licences)
        (Amendment ) (No. 2) Regulation 1997 (L.N. 183 of 1997). (L.N. 183 of
        1997)