PEAK TRAMWAY (SAFETY) REGULATIONS - CHAPTER 265A PEAK TRAMWAY (SAFETY) REGULATIONS - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 265 section 15) [1 September 1989] (L.N. 300 of 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 1 Citation VerDate:30/06/1997 PART I PRELIMINARY These regulations may be cited as the Peak Tramway (Safety) Regulations. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 2 Interpretation VerDate:01/07/2007 For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution. In these regulations, unless the context otherwise requires- "Director" (署長) means the Director of Electrical and Mechanical Services; "duty technician" (值勤技術員) means a person employed by the company as a duty technician under these regulations; "engineering superintendent" (工程監督) means a person employed by the company as an engineering superintendent under these regulations; "operator" (司機) means a person employed by the company as an operator under these regulations; "Secretary" (局長) means the Secretary for Transport and Housing; (L.N. 106 of 2002; L.N. 130 of 2007) "surveyor" (測量師) means a person employed by the company as a surveyor under these regulations; "technical institute" (工業學院) has the meaning assigned to it by section 2 of the Vocational Training Council Ordinance (Cap 1130); "tramcar" (纜車車廂) means the articulated car (including both compartments) used upon the tramway. (Enacted 1989) "Director" (署長) "duty technician" (值勤技術員) "engineering superintendent" (工程監督) "operator" (司機) "Secretary" (局長) "surveyor" (測量師) "technical institute" (工業學院) "tramcar" (纜車車廂) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 3 Employment of surveyor VerDate:01/07/1997 Adaptation amendments retroactively made - see 62 of 1999 s. 3 PART II EMPLOYMENT AND DUTIES OF SURVEYOR (1) The company shall employ a person as a surveyor for the purposes of this Part. (2) The company shall not employ any person as a surveyor without the prior written approval of the Secretary. (3) The Secretary shall give approval under subregulation (2) if the person whom the company seeks to employ is a person- (a) who- (i) is a corporate member of the Hong Kong Institution of Engineers or of such other equivalent institution as may be acceptable to the Secretary; and (62 of 1999 s. 3) (ii) satisfies the Secretary that he has not less than 3 years practical experience of or in connection with the maintenance, operation, inspection and examination of a funicular railway; or (b) who satisfies the Secretary that by reason of his education, training, professional experience, knowledge and skill he is a fit and proper person to be employed by the company as a surveyor for the purposes of this Part. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 4 Duties of surveyor VerDate:30/06/1997 (1) A person employed as a surveyor shall, when so instructed by the company- (a) examine the emergency braking system of each tramcar and record the braking distances under dummy load conditions; (b) test all safety circuits of the tramway; and (c) examine the haulage rope by gauging the circumference, visual inspection and defectograph reading over the entire length of the rope where accessible, and provide a written report thereon to the company. (2) The examinations and tests under subregulation (1) shall be carried out with due regard to any Code of Practice issued from time to time under section 14A of the Ordinance. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 5 Employment of engineering superintendent VerDate:30/06/1997 PART III EMPLOYMENT AND DUTIES OF ENGINEERING SUPERINTENDENT (1) The company shall employ a person as an engineering superintendent for the purposes of this Part. (2) The company shall not employ any person as an engineering superintendent without the prior written approval of the Secretary. (3) The Secretary shall give approval under subregulation (2) if the person whom the company seeks to employ is a person- (a) who- (i) has a higher diploma or higher certificate in mechanical, marine or electrical engineering from the Hong Kong Polytechnic, The Hong Kong Polytechnic University or a technical institute or such equivalent or higher qualifications as may be acceptable to the Secretary; and (L.N. 645 of 1994) (ii) satisfies the Secretary that he has not less than- (A) 3 years practical experience of or in connection with the maintenance and operation of a funicular railway; or (B) 10 years relevant practical experience in engineering; or (b) who satisfies the Secretary that by reason of his education, training, professional experience, knowledge and skill he is a fit and proper person to be employed by the company as an engineering superintendent for the purposes of this Part. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 6 Duties of engineering superintendent VerDate:30/06/1997 A person employed as an engineering superintendent shall supervise the operation and maintenance of the tramway including for that purpose the carrying out of duties mentioned in this Part. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 7 Duty to keep daily record VerDate:30/06/1997 (1) The engineering superintendent shall cause to be kept and maintained a daily record containing the following information- (a) the date of each daily record; (b) the names and duties of the operators and duty technicians operating the tramway and the number of hours on duty; (c) the operating hours of the tramway; (d) confirmation of compliance with daily visual examinations required under regulation 16(d); (e) the readings of all installed instruments indicating steady state conditions, at not greater than 4-hourly intervals, including- (i) the main incoming supply voltage; (ii) the brake system hydraulic pressures; and (iii) the main gear box oil temperature; (f) details of any accident, malfunction or abnormal occurrence, including- (i) fire; (ii) landslide; (iii) the operation of the emergency brake; (iv) the tripping of the safety switches; (v) wash-out; and (vi) trees fallen on the track; (g) details of any rescue operation or practice thereof; and (h) any other information or occurrence relating to the safety of the tramway which may reasonably be required by the Director. (2) The daily record kept and maintained under subregulation (1) shall in the case of information- (a) referred in subregulation (1)(a) to (e), be retained by the company for a period of not less than 1 year; and (b) referred in subregulation (1)(f) to (h), be retained by the company for a period of not less than 3 years, after the date of such daily record. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 8 Duty to carry out examination VerDate:30/06/1997 (1) At least once every 3 months the engineering superintendent shall- (a) check the service brake under no load conditions and record the braking distances; (b) examine the haulage rope by gauging the circumference and by the visual inspection of the rope; (c) check the tramcars for the proper operation of doors, lights, security of all screws, bolts, rivets and welding seams; (d) examine all electric motors, with particular reference to the wear of commutators and brushes and carry out insulation tests for all motors; and (e) inspect all haulage equipment and tramcars including all bearings, hydraulic system and limit switches, and shall provide a written report thereon to the company. (2) The engineering superintendent or if the Secretary thinks it advisable, an engineer approved by the Secretary, shall thoroughly examine all viaducts, cuttings, embankments, cross drainage, track bed and station works at least once every 3 months, and during every period of heavy and constant rain, and after earth tremors, and shall provide a written report thereon to the company. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 9 Duty to keep maintenance programme, etc. VerDate:30/06/1997 The engineering superintendent shall prepare and keep, in relation to the maintenance of the tramway, a programme, which shall include- (a) types of lubricants required and the frequency of servicing; (b) the monitoring of normal wear and tear and excessive wear; and (c) the frequency of servicing of special components and the periodic inspections to be carried out, and shall ensure that the tramway is maintained in accordance with the programme. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 10 Duty to keep maintenance log VerDate:30/06/1997 The engineering superintendent shall cause a log to be kept in relation to the maintenance of the tramway which shall- (a) specify the execution of any maintenance work carried out; (b) state the components serviced, the condition of such components and the replacement of components; and (c) include the names of the persons carrying out the maintenance work. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 11 Duty relating to hauling rope VerDate:30/06/1997 (1) The engineering superintendent shall ensure that the company is immediately informed if at any time- (a) spliced rope is used for hauling in the operation of the tramway; or (b) due to wear, corrosion, broken or damaged wires- (i) there is a reduction of 25% in effective bearing cross sectional area within a rope length equal to 40 times rope diameter; or (ii) the condition of the rope or its performance leaves any doubt as to its integrity and safety in operation. (2) For the purpose of calculation of the reduction in effective bearing cross sectional area in subregulation (1)- (a) if the reduction of cross sectional area is the result of broken wires, the sum of all the cross sectional areas of all the broken wires within the relevant length shall constitute the total amount of the reduction; (b) if there are several breaks in one and the same wire within the relevant length, only one wire's cross sectional area has to be taken into account; and (c) loose wires and wires with strand deformation shall be considered as broken. (3) The engineering superintendent shall cause a record to be kept in relation to the hauling rope containing the following information- (a) the specification; (b) a certified copy of the manufacturer's report on the test of the rope; (c) the date the rope was installed; (d) a record of lubrication including the type of lubricant and the date on which it was applied; (e) a record of all visual examinations and reports thereon and all defectograph readings, including the record obtained as a result of subregulation (5)(a); and (f) any other information which may reasonably be required by the Director. (4) The engineering superintendent shall visually examine the hauling rope- (a) in the case of a new hauling rope, prior to the commencement of use of the rope; (b) in the case of an existing hauling rope, at intervals not exceeding one month; and (c) in any case, at such other times and in such other circumstances as the Director may reasonably require. (5) The engineering superintendent shall examine the hauling rope with a defectograph- (a) in the case of new hauling rope, not later than 50 hours after the commencement of the running of the new rope; (b) in any case- (i) after any occurrence which may have caused damage to the rope; (ii) at such other times and in such other circumstances as the Director may reasonably require. (6) The engineering superintendent shall, in the case where a hauling rope has been subjected to any occurrence which may have resulted in broken wires, immediately examine the rope both visually and with a defectograph. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 12 Duty to instruct operators and duty technicians relating to safety precautions VerDate:30/06/1997 The engineering superintendent shall assist any person employed by the company as a duty technician or operator under these regulations and, in relation to general safety precautions, shall prepare and issue to each duty technician and operator written instructions on the action to be taken by them- (a) where there is such stoppage of the tramway as may be directed in the instructions; (b) on any occasion on which any of the emergency braking systems has operated; (c) in the event of a rescue of passengers; and (d) on the occasion of any fire or accident. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 13 Duty relating to rescue and rescue equipment VerDate:30/06/1997 The engineering superintendent shall- (a) carry out practice rescue operations on the tramway at such intervals as may reasonably be required by the Director; (b) test all rescue equipment- (i) to twice the normal rescue load immediately prior to any practice rescue operation; (ii) once a year to the manufacturer's recommended proof loading; (c) immediately after any practice rescue operation, examine all rescue equipment and ensure that all damaged equipment is repaired forthwith and then tested to the manufacturer's recommended proof loading; and (d) immediately after any rescue equipment has been used in the rescue of passengers, examine all rescue equipment and repair or replace such equipment, if necessary, before the tramway resumes operation. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 14 Duty relating to operation of tramway in accordance with manual VerDate:30/06/1997 The engineering superintendent shall- (a) cause a manual to be kept in relation to the operation of the tramway; and (b) ensure that the tramway is operated in accordance with the manual. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 15 Employment of duty technician VerDate:30/06/1997 PART IV EMPLOYMENT AND DUTIES OF DUTY TECHNICIAN (1) The company shall employ a person as a duty technician for the purposes of this Part. (2) The company shall not employ any person as a duty technician unless that person is a person who has- (a) a higher diploma or higher certificate in mechanical or electrical or marine engineering from the Hong Kong Polytechnic, The Hong Kong Polytechnic University or a technical institute or such equivalent or higher qualifications as may be acceptable to the Secretary and not less than 1 year working experience in mechanical or electrical or marine engineering; (L.N. 645 of 1994) (b) not less than 10 years practical experience in mechanical, marine or electrical engineering; or (c) such other education, training, professional experience or skill relevant to the duties of a duty technician as may be acceptable to the Secretary. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 16 Duties of duty technician VerDate:30/06/1997 A person employed as a duty technician shall- (a) assist any person employed as an engineering superintendent in carrying out the duties of an engineering superintendent under these regulations; (b) ensure that the tramway is not operated for the carriage of passengers unless the duty technician can maintain communications with the operator; (c) ensure that the tramway is not operated for the carriage of passengers at an average speed exceeding 6 m/s and a speed at any point exceeding 6.24 m/s; and (d) carry out a daily visual examination, prior to the commencement of the operation of the tramway for the carriage of passengers, of such indications, controls and safety devices as the Director may reasonably require. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 17 Employment of operator VerDate:30/06/1997 PART V EMPLOYMENT AND DUTIES OF OPERATOR (1) The company shall employ persons as operators for the purposes of this Part. (2) The company shall not employ any person as an operator unless the engineering superintendent is satisfied that that person has received sufficient training relevant to the duties of an operator as may be necessary to permit the safe operation of tramway. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 18 Duties of operator VerDate:30/06/1997 A person employed as an operator shall- (a) ensure that the tramway is not operated for the carriage of passengers unless the doors of the tramcar are securely closed; (b) monitor and observe the readings of the instruments of control of the tramcar when the tramway is operated for the carriage of passengers; and (c) comply with any instructions issued under regulation 12. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 19 Tramway to be examined every year VerDate:30/06/1997 PART VI RESPONSIBILITIES OF COMPANY The company shall at least once every 12 months cause the tramway to be examined and tested by a surveyor in accordance with regulation 4. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 20 Duty to report certain occurrences VerDate:30/06/1997 The company shall as soon as is practicable thereafter report to the Director the occurrence of any of the following- (a) the death of or injury to any person on the tramway; (b) the breakage of the hauling rope; (c) the failure of the main drive other than by reason of the failure of the main power supply; (d) the failure of any braking system; (e) any rescue operation required along the track; (f) any fire; (g) any landslide; (h) any wash-out; and (i) any other occurrence as may reasonably be required from time to time by the Director. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 21 Duty relating to number of passengers VerDate:30/06/1997 The company shall ensure that no tramcar contains more than 120 passengers. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 22 Duty not to operate tramway when passenger safety endangered VerDate:30/06/1997 The company shall ensure that the tramway is not operated for the carriage of passengers in any circumstances when it has been notified by the engineering superintendent that, in his opinion, such operation would endanger or be likely to endanger the safety of any passenger travelling or being upon the tramway. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 23 Assistance to be provided by company in relation to duties of engineering superintendent, duty technician and operator VerDate:30/06/1997 The company in relation to the duties under these regulations of any person employed as an engineering superintendent, duty technician or operator shall provide all such assistance, equipment, facilities and information as may be necessary for the proper carrying out of such duties and shall ensure that the duties of a duty technician and of an operator are carried out under the general supervision of an engineering superintendent. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 24 Company to keep operation manual and maintenance manual VerDate:30/06/1997 (1) The company shall keep- (a) an operation manual prepared by the designer or manufacturer of the tramway describing the function and operation of the components of the tramway and instructions for the safe running of the tramway; and (b) a maintenance manual prepared by the designer or manufacturer describing the recommended maintenance procedures for the tramway, including types of lubricants required and the frequency of application, definitions and measurements to determine excessive wear, the recommended frequency of servicing of specific components and the periodic inspections to be carried out. (2) Where the designer or manufacturer of the tramway amends the operation manual or maintenance manual prepared by him, the company shall notify the Director of such amendment as soon as reasonably possible after the company receives the amendment from the designer or manufacturer. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 25 Company not to operate tramway without adequate rescue facilities and equipment VerDate:30/06/1997 (1) The company shall, to the satisfaction of the Director, provide adequate equipment and facilities for the rescue of passengers in the event of an accident or emergency. (2) Without prejudice to the generality of subregulation (1), the company shall ensure that- (a) rescue equipment is located at suitable points along the length of the tramway; (b) all rescue equipment is adequately protected from damage, deterioration by weather and loss by theft. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 26 Company to replace hauling rope VerDate:30/06/1997 The company, upon being informed by the engineering superintendent of the existence of a matter referred to in regulation 11(1)(a) or (b), shall immediately replace the hauling rope or take other appropriate safety measures, as the case may be. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 27 Company to maintain safety of persons using or being in vicinity of tramway VerDate:30/06/1997 (1) The company shall, to the satisfaction of the Director, provide reasonable numbers of personnel and facilities for the control and safety of persons using, or being in the vicinity of, the tramway. (2) The company shall ensure that arrangements are made at each terminal on the tramway for the marshalling and control of persons using or intending to use the tramway so as to provide for safe and orderly embarkation and disembarkation. (3) Except in an emergency, the company shall not use any place other than its stations for the purpose of taking up or depositing passengers. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 28 Company to ensure safety generally VerDate:30/06/1997 The company shall ensure that- (a) all electric circuits, overload devices, circuit breakers, switchgear and protective devices are kept in a safe and proper state of repair and are examined in accordance with these regulations and good electrical engineering practice; (b) every station along the tramway is adequately lit when the tramway is in operation; (c) all rails and barriers used for the marshalling and control of passengers are kept at all times in a good state of repair; (d) all areas within a station are kept in a good state of repair and in a clean and orderly condition and that all floors within a station are kept in a non-slippery condition; (e) all guards and other devices for the protection of persons employed on the tramway and of the public are kept in a safe state of repair and are not removed; (f) no tramcar is used for the carriage of members of the public if- (i) the tramcar door interlocking safety system is not in working order; or (ii) any structural part thereof is deformed or broken; (g) notices in Chinese and in English are displayed in every tramcar and kept in good condition- (i) stating the maximum number of passengers permitted to be carried; (ii) stating the maximum weight permitted to be carried; (h) notices in Chinese and in English are displayed at every station and kept in good condition warning of any thing that is or is likely to be a mechanical or electrical danger to persons being in or in the vicinity of the station; (i) protection against injury of persons employed by the company in the operation of the tramway is provided by- (i) the display of notices in Chinese and in English warning of any thing that is or is likely to be a mechanical or electrical danger to such persons; (ii) the issue of safety belts to be worn by such persons when working at height or on a steep slope. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 29 Company to provide first aid at terminals VerDate:30/06/1997 (1) The company shall provide and maintain at each terminal a first aid box containing the items listed in the Schedule. (2) The company shall ensure that- (a) the items in the first aid box are maintained in a serviceable and sanitary condition; (b) all materials for dressings in the first aid box are those designated in, and are of a grade not lower than the standards specified by, the British Pharmaceutical Code or by any supplement to it; (c) nothing except appliances and requisites for first aid are kept in a first aid box; and (d) each first aid box is clearly and legible marked "FIRST AID" and "急救箱". (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 30 Company to furnish information VerDate:30/06/1997 (1) The company shall, as soon as practicable, furnish to the Director a copy of each of the following- (a) the written report of the surveyor provided in accordance with regulation 4(1); (b) any written report of the engineering superintendent provided in accordance with regulation 8; (c) the maintenance programme prepared in accordance with regulation 9; (d) any training programme conducted by the company for operators in relation to regulation 17(2); and (e) the operation and maintenance manuals mentioned in regulation 24(1). (2) The company shall upon request by the Director afford to him sufficient facilities for obtaining information with respect to the operation of the tramway for the carriage of passengers and shall, in such manner and at such times as the Director may reasonably require, furnish him with reports, records, schedules, logs, manuals required to be kept or made under these regulations and other information with respect thereto and afford to him facilities for the verification of information furnished. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 31 Offence of surveyor VerDate:30/06/1997 PART VII OFFENCES A surveyor who fails to comply with regulation 4 commits an offence and is liable to a fine of $10000 and imprisonment for 6 months. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 32 Offences by engineering superintendent VerDate:30/06/1997 An engineering superintendent who fails to comply with any of the provisions of regulations 6 to 14 commits an offence and is liable to a fine of $5000 and imprisonment for 3 months. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 33 Offence by duty technician VerDate:30/06/1997 A duty technician who fails to comply with regulation 16 commits an offence and is liable to a fine of $2000 and imprisonment for 1 month. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 34 Offence by operator VerDate:30/06/1997 An operator who fails to comply with regulation 18 commits an offence and is liable to a fine of $1000. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - REGULATION 35 Offences by company VerDate:30/06/1997 If the company fails to comply with any of the provisions of regulations 3(1) or (2), 5(1) or (2), 15, 17, 19 to 30 the company commits an offence and is liable to a fine of $50000 and to a further fine of $1000 for each day on which the offence continues. (Enacted 1989) PEAK TRAMWAY (SAFETY) REGULATIONS - SCHEDULE SCHEDULE VerDate:30/06/1997 [regulation 29(1)] CONTENTS OF FIRST AID BOXES (a) A copy of a leaflet issued by the Director of Health giving advice on first-aid treatment. (b) A sufficient number of small sterilized unmedicated dressings for injured fingers. (c) A sufficient number of medium-sized sterilized unmedicated dressings for injured hands or feet. (d) A sufficient number of large sterilized unmedicated dressings for other injured parts of the body. (e) A sufficient number of waterproof adhesive wound dressings of assorted sizes. (f) A sufficient number of triangular bandages of unbleached calico, the longest side of each bandage measuring not less than 1300 mm and each of the other sides of each bandage measuring not less than 900 mm. (g) A sufficient supply of rolls of zinc oxide adhesive plaster, each roll to be at least 4.5 m by 25 mm. (h) A sufficient number of 30 grams packets of absorbent cotton wool. (i) A pressure bandage. (j) A sufficient number of safety pins.