Hong Kong Regulations

ROAD TRAFFIC (TRAFFIC CONTROL) REGULATIONS - REGULATION 53

Carriage of passengers

(Past version on 30/06/1997).

PART VIII

LOADING OF VEHICLES

(1) For the purpose of establishing the number of persons that may be carried
in a vehicle-

   (a)  a child under the age of 3 years shall not be counted;

   (b)  3 children aged 3 years or above but each not exceeding 1.3 m in
        height shall be counted as 2 persons.

(2) No driver of a vehicle on a road shall permit a passenger to travel in the
vehicle unless seated in a properly constructed seat secured to the bodywork
of the vehicle except- (L.N. 66 of 2005)

   (a)  where the vehicle is a public service vehicle licensed to carry
        standing passengers; or

   (b)  where the vehicle is exempted under regulation 53A from this
        subregulation. (L.N. 263 of 1984; L.N. 66 of 2005)

(3) Subject to subregulation (8), the driver of a vehicle on a road shall not
carry in the vehicle passengers in excess of the number specified in the
registration document of that vehicle or permitted by an excess passengers
permit issued under the Road Traffic (Registration and 
Licensing of Vehicles) Regulations ( Cap 374 sub. leg. E). (L.N. 241 of 1985)

(4) The driver of a motor cycle on a road shall not carry on his motor cycle
more than one passenger and when a side car is fitted to the motor cycle shall
not carry any more passengers in the side car than the number of securely
fixed seats in the side car.

(5) When a passenger is carried on a road on a motor cycle other than in a
side car the driver shall ensure that such passenger sits astride the motor
cycle and on a proper seat securely fixed to the motor cycle behind the seat
of the driver.

(6) The driver of a motor cycle on a road shall not carry as a passenger on
the motor cycle a child under the age of 8 years unless the child is carried
on a securely fixed seat provided in a side car.

(7) (Repealed L.N. 66 of 2005)

(8) The provision of subregulation (3) prohibiting the carriage of passengers
in excess of the number specified in the registration document of the vehicle
shall apply to the driver of a light goods vehicle, medium goods vehicle or
heavy goods vehicle with effect from 1 September 1989, and before this date
the driver-

   (a)  of a light goods vehicle shall not carry in the vehicle more than one
        passenger in addition to the number specified in the registration
        document of that vehicle, subject to a maximum of 5 passengers;

   (b)  of a medium goods vehicle or heavy goods vehicles shall not carry in
        the vehicle more than 5 passengers, except where he is permitted to do
        so under an excess passengers permit referred to in that
        subregulation. (L.N. 241 of 1985)