Hong Kong Regulations

AIRPORT AUTHORITY BYLAW - SCHEDULE 2

MODIFICATION OF ROAD TRAFFIC ORDINANCE

[section 50]

PART I

ROAD TRAFFIC ORDINANCE

In this Part, all references to "section" or "subsection" are references to
the relevant section or subsection of the Road Traffic Ordinance ( Cap  374)
unless otherwise expressly specified.

1. In section 40(3) and (4)(b), for the words "the Commissioner" there shall
be substituted the words "the Authority".

2. In section 43-

   (a)  in the heading, after the words "a police officer", there shall be
        added ", an Authorized Person";

   (b)  in subsection (1), after the words "A police officer", there shall be
        added ", an Authorized Person";

   (c)  in subsection (2), after the words "a police officer", there shall be
        added ", an Authorized Person".

3. In section 50, for everything from "Any person" to the dash, there shall be
substituted "Any person who without the consent of the Commissioner,
Commissioner of Police, Director of Highways or the Authority-".

4. In section 51-

   (a)  for subsection (1)(a), there shall be substituted- "(a) in accordance
        with a permit issued under this Ordinance or as directed or authorized
        by the Authority; or";

   (b)  in subsection (2), wherever after the word "Commissioner", there shall
        be added "or the Authority".

5. In sections 56(2), 63 and 67-

   (a)  for sections 56(2), 63(4) and (7) and 67(1) and (2), after the words
        "police officer", there shall be added "or an Authorized Person";

   (b)  for section 63(3)(a)(ii) and (b), after the words "police officer",
        there shall be added "or a specified Authorized Person".

6. In section 60, for the words "or traffic warden in uniform", there shall be
substituted the words "a traffic warden in uniform or an Authorized Person in
uniform".

7. In section 61-

   (a)  for the words "or a traffic warden in uniform", there shall be
        substituted the words ", a traffic warden in uniform or an Authorized
        Person in uniform";

   (b)  for the words "or traffic warden", there shall be substituted the
        words ", traffic warden or Authorized Person".

8. In section 62, after the words "traffic warden", there shall be added "or
an Authorized Person".

PART II

ROAD TRAFFIC (PARKING) REGULATIONS

In this Part, all references to "regulation" or "subregulation" are references
to the relevant regulation or subregulation under the Road 
Traffic (Parking) Regulations ( Cap 374 sub. leg.) unless otherwise expressly
specified.

1. General

(1) In applying the Road Traffic (Parking) Regulations ( Cap 374 sub. leg.)-

   (a)  all references in the Regulations to "the Commissioner", not being a
        reference to "the Commissioner of Police" or "the Government" shall be
        substituted by references to "the Authority";

   (b)  all references to "Crown land" shall be replaced by "Bylaw Area".

(2) For the avoidance of doubt, these regulations shall not be construed
howsoever to prejudice or limit the rights of the Authority or operators of
car parks and car parking places which are to be operated on a commercial
basis, in determining the terms and conditions, including fees chargeable, on
which such car parks and car parking places are to be offered for use to the
public.

2. In regulation 2(3), there shall be added "and in Schedule 6 to the
Airport Authority Bylaw (Cap 483 sub. leg.)" after "Schedule 1".

3. Regulation 3(2) shall be omitted.

4. In regulation 4-

   (a)  for subregulation (1), there shall be substituted- "(1) No person
        shall park a vehicle at any place to which Part IX of the
        Airport Authority Bylaw (Cap 483 sub. leg.) applies except at a
        parking place or area designated by the Authority for the parking of
        that type of vehicles and no person shall park a vehicle in
        contravention of any prescribed traffic sign or road marking.";

   (b)  for subregulation (2), there shall be added "and by the erection or
        placing of parking signs in accordance with Figures Nos. 1 and 2 in
        Schedule 6 to the Airport Authority Bylaw (Cap 483 sub. leg.)" after
        "Schedule 1";

   (c)  subregulations (3), (4) and (6) shall be omitted;

   (d)  for subregulation (5), there shall be substituted- "(5) Any person who
        contravenes subregulation (1) commits an offence and is liable to a
        fine of $2000.".

5. In regulation 5(1) and (2A), there shall be added "and by the erection or
placing of parking signs in accordance with Figures Nos. 1 and 2 in Schedule 6
to the Airport Authority Bylaw (Cap 483 sub. leg.)" after "Schedule 1".

6. In regulation 6-

   (a)  in the heading, after the words "Commissioner of Police", there shall
        be added "or the Authority";

   (b)  in subregulations (1), (2) and (3), after the words "Commissioner of
        Police", there shall be added "or the Authority".

7. In regulation 10(a)(ii), for the words "the Director of Highways" there
shall be substituted the words "the Authority".

8. For regulation 11(3), there shall be substituted- "(3) The fees to be
charged for use of parking spaces in the Bylaw Area shall be determined from
time to time by the Authority.".

9. For regulation 14, there shall be substituted- "14. Designation of car
parks The Authority may, subject to the provisions of the Land Grant,
designate any place as a car park and may limit the use of such car park or
any part thereof to any particular class or type of motor vehicle and may
revoke or amend any such designation.".

10. Regulations 15, 17, 18, 21, 23 and 24 shall be omitted.

11. For regulation 20, there shall be substituted- "20. Car park fees The fees
for use of car parks shall be determined by the Authority from time to time.".

12. For regulation 22, there shall be substituted- "22. Monthly passes The
Authority may issue monthly pass for use of car parks on such terms and
conditions and on payment of such fee as the Authority may determine.".

13. In regulation 25(1)-

   (a)  paragraph (f) shall be omitted;

   (b)  for paragraph (j), the words "under regulation 15" shall be omitted.

14. For regulation 28, there shall be substituted- "28. Limitation of
liability The exercise by the Authority of its powers or functions under
regulation 5, the exercise by the operator of his functions under regulation
5(3) or the exercise by the Commissioner of Police or the Authority or his or,
as the case may be, its functions under regulation 6 shall not render any of
them subject to any liability in respect of the loss of or damage to any
vehicle in a parking place or car park or the contents of any such vehicle.".

PART III

ROAD TRAFFIC (PUBLIC SERVICE VEHICLES) REGULATIONS

In this Part, all references to "regulation", "subregulation" or "Part" are
references to the relevant regulation, subregulation or Part under the
Road Traffic (Public Service Vehicles) Regulations ( Cap 374 sub. leg.) unless
otherwise expressly specified.

1. Part IV In Part IV, all references to "the Commissioner", not being a
reference to "the Commissioner of Police", there shall be substituted "the
Commissioner or the Authority in consultation with the Commissioner".

2. Regulations 31 and 32 For regulations 31 and 32, after the words
"Commissioner of Police", there shall be added "or the Authority".

PART IV

ROAD TRAFFIC (REGISTRATION AND LICENSING OF VEHICLES) REGULATIONS

In this Part, all references to "regulation" or "subregulation" are references
to the relevant regulation or subregulation under the Road 
Traffic (Registration and Licensing of Vehicles) Regulations ( Cap 374 sub.
leg.) unless otherwise expressly specified.

1. In regulation 49-

   (a)  in subregulation (1)-

        (i)    after the words "may apply to the Commissioner", there shall be
               added "or, in the case of the closure of a road by the
               Authority under regulation 27 of the
               Road Traffic (Traffic Control) Regulations ( Cap 374 sub.
               leg.), modified as set out in section 1 of Part V of Schedule 2
               to the Airport Authority Bylaw (Cap 483 sub. leg.), the
               Authority, with the approval of the Commissioner,";

        (ii)   after the words "and the Commissioner", there shall be added
               "or the Authority, with the approval of the Commissioner,";

        (iii)  after the words "as the Commissioner", there shall be added "or
               the Authority, with the approval of the Commissioner,";

   (b)  for subregulation (3), there shall be substituted- "(3) The Authority
        may charge a fee for the issue of a closed road permit, such fee to be
        determined by the Authority with the approval of the Commissioner.";

   (c)  subregulation (4) shall be omitted.

2. In regulation 50(1)-

   (a)  after the words "may apply to the Commissioner", there shall be added
        "or, in the case of a prohibited zone or a restricted zone designated
        by the Authority under regulation 14 of the Road Traffic 
        (Traffic Control) Regulations ( Cap 374 sub. leg.), modified as set
        out in section 1 of Part V of Schedule 2 to the
        Airport Authority Bylaw (Cap 483 sub. leg.), the Authority, with the
        approval of the Commissioner,";

   (b)  there shall be added "The Authority may, in the case of a prohibited
        zone or a restricted zone designated by the Authority under regulation
        14 of the Road Traffic (Traffic Control) Regulations ( Cap 374 sub.
        leg.), modified as set out in section 1 of Part V of Schedule 2 to the
        Airport Authority Bylaw (Cap 483 sub. leg.), issue such a permit
        subject to such conditions and in respect of such period as may be
        determined by the Authority with the approval of the Commissioner" at
        the end.

PART V

ROAD TRAFFIC (TRAFFIC CONTROL) REGULATIONS

In this Part, all references to "regulation", "subregulation" or "Schedule"
are references to the relevant regulation, subregulation or Schedule under the
Road Traffic (Traffic Control) Regulations ( Cap 374 sub. leg.) unless
otherwise expressly specified.

1. In regulations 3(1) and (2), 8(1) and (3), 9, 14(1) and (4), 27(1) and (2),
30(1) and 40(1)-

   (a)  for regulations 3(1) and (2), 8(1) and (3), 14(1) and (4), 30(1) and
        40(1), after the words "The Commissioner", there shall be added "or,
        the Authority with the approval of the Commissioner,";

   (b)  for regulations 3(1), 8(1), 9 and 27(1) and (2), after the words "the
        Commissioner", there shall be added "or, the Authority with the
        approval of the Commissioner,".

2. In regulations 3(3), 4(1), 5(1) and (2), 7(2) and 28(1)-

   (a)  for regulations 3(3) and 5(1), after the words "The Commissioner of
        Police", there shall be added "or the Authority";

   (b)  for regulations 4(1), 5(2), 7(2) and 28(1), after the words "the
        Commissioner of Police", there shall be added "or the Authority".

3. In regulations 10(2)(b), 11(3)(a)(ii), 12(1)(a)(ii), 17(2), 18, 32(1),
33(6) and 45, for the words "or traffic warden in uniform", there shall be
substituted ", traffic warden in uniform or Authorized Person in uniform".

4. In regulations 10A(2)(b), 40(2) and 60(i), for the words "or a traffic
warden in uniform", there shall be substituted ", a traffic warden in uniform
or an Authorized Person in uniform".

5. In regulations 20 and 22(2), wherever after the words "the Director", there
shall be added "or the Authority".

6. In regulations 21(3), 23(1), 24(1) and 25(1), after the words "police
officer of the rank of sergeant or above", there shall be added "or an
Authorized Person".

7. In regulations 21(4), 23(2), 24(2) and (3) and 25(2) and (3)-

   (a)  for regulations 21(4) and 23(2), wherever after the words "the
        Director", there shall be added "and the Authority"; (L.N. 9 of 1998)

   (b)  for regulations 24(2) and (3) and 25(2) and (3), wherever after the
        words "the Director", there shall be added "or the Authority". (L.N. 9
        of 1998)

8. In regulation 27(1), after the word "he" where it twice appears, there
shall be added "or it".

9. In regulation 29, in the definition of "pedestrian road", for the words
"unleased Crown land", there shall be substituted the words "any designated
road".

10. In regulation 39(a)(iv), after the words ", traffic warden in uniform",
there shall be added ", an Authorized Person in uniform".

11. In regulation 41-

   (a)  in subregulations (2) and (4), for all references to "the
        Commissioner" or "The Commissioner, and any public officer authorized
        by the Commissioner for the purposes of this paragraph", there shall
        be substituted "The Authority with the approval of the Commissioner";

   (b)  in subregulation (5)-

        (i)    after the words "The Commissioner", there shall be added "or
               the Authority with the approval of the Commissioner";

        (ii)   in paragraph (a), for the words "unleased Crown land", there
               shall be substituted "designated road".

12. In regulation 52(1), after the words "The Commissioner", there shall be
added "or the Authority".

13. For regulation 52(2), there shall be substituted- "(2) No person shall,
without the consent of the Commissioner, in the case of equipment installed by
the Commissioner or, the Authority, in the case of equipment installed by the
Authority, move, alter or interfere with such equipment.".

14. In regulation 59(1)(a), for the words "or Figure No. 804 in Schedule 4",
there shall be substituted ", Figure No. 804 in Schedule 4 or any traffic sign
shown in Schedule 5 to the Airport Authority Bylaw (Cap  483 sub. leg.)".

15. In regulation 60(g) and (h), for the words "the Commissioner or the
Director", there shall be substituted "the Commissioner, the Director or the
Authority".

16. The traffic signs appearing in Schedule 5 to the Airport 
Authority Bylaw (Cap 483 sub. leg.) shall form part of Schedule 1 to the
Road Traffic (Traffic Control) Regulations ( Cap 374 sub. leg.).