Hong Kong Regulations

ROAD TRAFFIC (TRAFFIC CONTROL) REGULATIONS - REGULATION 15B

Commissioner may require owner of private road to place or remove traffic sign or road marking

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 3 of 2002 s. 15

(1) The Commissioner may, by notice in the English and Chinese languages given
in accordance with subregulation (3) or (4) to the owner of a private road,
require the owner to-

   (a)  place or cause to be placed on or near that road a traffic sign or
        road marking specified in that notice; or

   (b)  remove or cause to be removed from a place on or near that road a
        traffic sign or road marking specified in that notice, subject to such
        conditions as are specified in that notice, not later than one month,
        or such longer period as is specified in that notice, after such
        notice is so given.

(2) Without limiting the generality of conditions which may be specified in a
notice under subregulation (1), such conditions may incorporate, or make
reference to, any code of practice, or part thereof, prescribed under section
109(4A) of the Ordinance.

(3) A notice under subregulation (1) to the owner of a private road shall be
deemed to be effected if the Commissioner causes the notice to be sent to that
owner by post.

(4) A notice under subregulation (1) to the owner of a private road shall be
deemed to be effected if the Commissioner causes the notice to be published in
the Gazette and-

   (a)  where the notice requires a traffic sign or road marking-

        (i)    to be placed on or near that road, causes the notice to be
               affixed to some conspicuous part of, the surface of, or any
               building immediately adjacent to, that road; and

        (ii)   to be removed from a place on or near that road, causes the
               notice to be affixed to some conspicuous part of, or adjacent
               to, that traffic sign or road marking, as the case may be; and

   (b)  makes a copy of the notice and, where appropriate in the opinion of
        the Commissioner, a plan of that road specifying-

        (i)    where the notice requires a traffic sign or road marking to be
               placed on or near that road, the place on or near that road
               where the traffic sign or road marking, as the case may be, is
               so required to be placed; and

        (ii)   where the notice requires a traffic sign or road marking to be
               removed from a place on or near that road, the location of the
               traffic  sign or road marking, as the case may be, is so
               required to be removed, available for inspection by the public
               free of charge at such offices of the Government, during the
               hours when those offices are normally open to the public, as
               the Commissioner thinks fit.

(5) A notice under subregulation (1) given to the owner of a private road
under subregulation (3) may, where appropriate in the opinion of the
Commissioner, have attached to it-

   (a)  where the notice requires a traffic sign or road marking to be placed
        on that road, a plan referred to in subregulation (4)(b)(i); or

   (b)  where the notice requires a traffic sign or road marking to be removed
        from a place on or near that road, a plan referred to in subregulation
        (4)(b)(ii).

(6) A notice under subregulation (1) given to the owner of a private road
under subregulation (4) shall state-

   (a)  the date on which the affixing of that notice required by
        subregulation (4)(a)(i) or (ii), as the case may be, was carried out;
        and

   (b)  where and at what times a copy of that notice and any plan referred to
        in subregulation (4)(b)(i) or (ii) which relates to that notice may be
        inspected in pursuance of subregulation (4)(b).

(7) Where the owner of a private road fails to comply with a notice given to
him under this regulation, the Commissioner may-

   (a)  where the notice requires a traffic sign or road marking to be placed
        on or near that road, cause that traffic sign or road marking to be so
        placed in accordance with that notice; and

   (b)  where the notice requires a traffic sign or road marking to be removed
        from a place on or near that road, cause that traffic sign or road 
        marking to be so removed in accordance with that notice, and may
        recover from the owner as a civil debt the cost of-

        (i)    so placing or removing, as the case may be, the traffic sign or
               road marking; and

        (ii)   in the case of the removal of a traffic sign or road marking,
               any reinstatement of that road necessitated by such removal.

(8) Any traffic sign or road marking removed from a private road under
subregulation (7), and any part thereof and every attachment thereto, shall be
forfeited to the Government. (3 of 2002 s. 15)

(9) A notice under subregulation (1) shall set out the provisions of
subregulations (7) and (8).

(10) Where any traffic sign or road marking is placed on or near a private
road in accordance with this regulation then, for all purposes-

   (a)  such traffic sign shall be deemed to have been so placed in accordance
        with a permit issued under regulation 3(1); and

   (b)  such road marking shall be deemed to have been so placed in accordance
        with a permit issued under regulation 8(1). (L.N. 22 of 1989)