ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - CHAPTER 374B ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 374, sections 5 and 8) [25 August 1984] L.N. 298 of 1984 (L.N. 287 of 1983) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 1 Citation VerDate:30/06/1997 PART I PRELIMINARY These regulations may be cited as the Road Traffic (Driving Licences) Regulations. ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 2 Interpretation VerDate:10/03/2008 In these regulations, unless the context otherwise requires- "applicant" (申請人) means a person who has applied for a driving licence, driving test, motor cycle driving test, driving instructor's licence or permit under these regulations, as the case may be, or for renewal of a driving licence or driving instructor's licence; (L.N. 273 of 1989) "articulated vehicle" (掛接式車輛) has the meaning assigned to it by regulation 2 of the Road Traffic (Construction and Maintenance of Vehicles) Regulations (Cap 374 sub. leg. A); "authorized examiner" (經授權牌主任) means a person appointed under regulation 29(1) to be an authorized examiner for the purpose of conducting driving tests; "class" (種類), when used in relation to a motor vehicle in connection with any matter relating to a driving licence, driving test, driving instructor's licence or permit, means a class of motor vehicle specified in regulation 5; "1949 Convention" (1949年國際公約) means the International Convention relative to the international circulation of motor traffic concluded at Geneva on 19 September 1949; (L.N. 49 of 2007) "driving instructor" (駕駛教師) means a person who is the holder of a valid driving instructor's licence; "driving instructor's licence" (駕駛教師執照) means a driving instructor's licence issued under regulation 22; "driving instructor's test" (駕駛教師的測驗) means a test referred to in regulation 24; "driving test" (駕駛測驗) means a test of competence to drive a motor vehicle (other than a motor cycle and a motor tricycle) conducted in accordance with regulations 32 and 33; (L.N. 273 of 1989) "full driving licence" (正式駕駛執照) means a driving licence other than a learner's driving licence, temporary driving licence, probationary driving licence or a driving licence to drive Government vehicles; (49 of 2000 s. 3) "Government vehicle" (政府車輛) means a vehicle owned by the Government; "group" (組別), in relation to a driving instructor's licence, means a group of motor vehicles specified in regulation 20A; (L.N. 161 of 2000) "identity card" (身分證) has the meaning assigned to it by section 1A of the Registration of Persons Ordinance (Cap 177); (L.N. 3 of 2008) "identity document" (身分證明文件) has the meaning assigned to it by regulation 2 of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap 374 sub. leg. E); "international driving permit" (國際駕駛許可證) means- (a) an international driving permit in Form 1 of the Ninth Schedule issued under the authority of a country or place which is a party to the 1949 Convention; or (b) an international driving permit issued under regulation 36; (L.N. 49 of 2007) "learner driver" (學習駕駛人士) means a person who is the holder of a valid learner's driving licence; "learner's driving licence" (學習駕駛執照) means a learner's driving licence issued under regulation 12 or 12A; (L.N. 273 of 1989) "licence holder" (執照持有人) means a person to whom a driving licence or driving instructor's licence has been issued under these regulations so long as such licence remains in force; "motor cycle driving test" (電單車駕駛測驗) means a test of competence to drive a motor cycle or a motor tricycle conducted in accordance with regulation 12C; (L.N. 273 of 1989) "permanent identity card" (永久性居民身分證) has the meaning assigned to it by section 1A of the Registration of Persons Ordinance (Cap 177); (L.N. 3 of 2008) "permit" (許可證) means an international driving permit; "photograph" (照片) means a photograph in accordance with regulation 43(2); "private driving instructor" (私人駕駛教師) means a driving instructor whose driving instructor's licence is not subject to a condition imposed under regulation 22(1A); (L.N. 97 of 2001) "private driving instructor's licence" (私人駕駛教師執照) means the driving instructor's licence of a private driving instructor; (L.N. 97 of 2001) "probationary driving licence" (暫准駕駛執照) means a driving licence to drive a motor cycle or motor tricycle issued under regulation 12G; (49 of 2000 s. 3) "probationary driving period" (暫准駕駛期) means the probationary driving period provided for in regulation 12F; (49 of 2000 s. 3) "restricted driving instructor" (受限制駕駛教師) means a driving instructor whose driving instructor's licence is subject to a condition imposed under regulation 22(1A); (L.N. 97 of 2001) "rigid vehicle" (整體式車輛) has the meaning assigned to it by regulation 2 of the Road Traffic (Construction and Maintenance of Vehicles) Regulations (Cap 374 sub. leg. A); "temporary driving licence" (臨時駕駛執照) means a temporary driving licence issued under regulation 13; "visitor" (到港人士) has the meaning assigned to it by regulation 2 of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap 374 sub. leg. E). (34 of 1993 s. 3) "applicant" (申請人) "articulated vehicle" (掛接式車輛) "authorized examiner" (經授權牌主任) "class" (種類) "1949 Convention" (1949年國際公約) "driving instructor" (駕駛教師) "driving instructor's licence" (駕駛教師執照) "driving instructor's test" (駕駛教師的測驗) "driving test" (駕駛測驗) "full driving licence" (正式駕駛執照) "Government vehicle" (政府車輛) "group" (組別) "identity card" (身分證) "identity document" (身分證明文件) "international driving permit" (國際駕駛許可證) "learner driver" (學習駕駛人士) "learner's driving licence" (學習駕駛執照) "licence holder" (執照持有人) "motor cycle driving test" (電單車駕駛測驗) "permanent identity card" (永久性居民身分證) "permit" (許可證) "photograph" (照片) "private driving instructor" (私人駕駛教師) "private driving instructor's licence" (私人駕駛教師執照) "probationary driving licence" (暫准駕駛執照) "probationary driving period" (暫准駕駛期) "restricted driving instructor" (受限制駕駛教師) "rigid vehicle" (整體式車輛) "temporary driving licence" (臨時駕駛執照) "visitor" (到港人士) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 3 Exemptions VerDate:01/07/1997 Amendments retroactively made - see 23 of 1998 s. 2 The Chief Secretary for Administration in his discretion may waive any of these regulations in respect of the driver of a motor vehicle which is the property of a government other than the Government of the Hong Kong Special Administrative Region temporarily brought into Hong Kong for the use of an accredited representative of such government. (L.N. 362 of 1997; 23 of 1998 s. 2) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 4 Application to State VerDate:01/07/1997 Adaptation amendments retroactively made - see 3 of 2002 s. 15 (1) Subject to paragraph (2), these regulations shall apply to persons in the public service of the State in the same manner as Parts V, VII, VIII and XII of the Ordinance are applied under section 3(1) of the Ordinance to persons in the public service of the State. (3 of 2002 s. 15) (2) These regulations shall not apply to- (a) any member of Her Majesty's forces; (b) any member of a civilian component of Her Majesty's forces; (c) any person who is employed by Her Majesty's forces; or (d) any person who is attached to Her Majesty's forces, when he is driving a vehicle belonging to the Crown in the course of his duties. ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 5 Classification of motor vehicles for issue of driving licences VerDate:30/06/1997 PART II DRIVING LICENCES For the purpose of the issue of driving licences, motor vehicles shall be divided into the following classes- (a) private cars; (b) taxis; (c) public light buses and private light buses; (d) public buses and private buses; (e) light goods vehicles; (f) medium goods vehicles; (g) heavy goods vehicles; (ga) articulated vehicles; (L.N. 259 of 1984) (h) special purpose vehicles; (i) motor cycles; (L.N. 273 of 1989) (ia) motor tricycles; (L.N. 273 of 1989) (j) invalid carriages; (k) Government vehicles. (L.N. 259 of 1984) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 6 Restrictions on issue of driving licences VerDate:30/06/1997 Without prejudice to the Ordinance or any other provision of these regulations, the Commissioner shall not issue or renew a driving licence to a person- (a) who is the holder of another driving licence issued in Hong Kong, other than a temporary driving licence, whether such other driving licence is suspended or not; (b) who is disqualified. ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 7 Age limits VerDate:30/06/1997 (1) A driving licence entitling the holder thereof to drive- (a) a private car; (b) a light goods vehicle; (c) a motor cycle; (d) a motor tricycle; or (e) an invalid carriage, shall not be issued to a person under the age of 18 years. (L.N. 273 of 1989) (2) A driving licence entitling the holder thereof to drive a motor vehicle of a class other than any class specified in paragraph (1) shall not be issued to a person under the age of 21 years. ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 8 Previous experience and driving record VerDate:30/06/1997 (1) Subject to paragraph (4), a person shall not be eligible for a full driving licence to drive- (a) a taxi; (b) a public light bus or private light bus; (c) a public bus or private bus; (d) a medium goods vehicle; (e) a heavy goods vehicle; or (f) a special purpose vehicle, unless, at the date of his application for such licence- (i) he is the holder of a valid full driving licence to drive a private car or light goods vehicle and, unless exempted by the Commissioner in writing, has held such a licence for at least 3 years immediately preceding his application; and (ii) he has passed the appropriate driving test. (2) Subject to paragraph (4), a person shall not be eligible for a full driving licence to drive an articulated vehicle unless- (a) he is the holder of a valid full driving licence to drive a medium goods vehicle or heavy goods vehicle; and (L.N. 259 of 1984) (b) he has passed the appropriate driving test. (3) A person shall not be eligible for a full driving licence to drive a motor vehicle referred to in paragraph (1) or (2) if he has been convicted of an offence under section 36 or 39 of the Ordinance during the 5 years immediately preceding his application. (4) The Commissioner may in his discretion take into consideration driving experience gained other than under a driving licence issued in Hong Kong. ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 9 Physical fitness VerDate:10/03/2008 (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) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 10 Applications for full driving licences VerDate:10/03/2008 “document of identity” (證明身分的文件) (1) A person who wishes to obtain a full driving licence in respect of any class of motor vehicle shall deliver to the Commissioner an application therefor in a form specified by the Commissioner, signed by the applicant, together with his document of identity. (L.N. 192 of 1989; L.N. 3 of 2008) (2) In addition to making a declaration required by regulation 9(1), the applicant shall state in his application under paragraph (1)- (a) whether he has held a driving licence issued in Hong Kong or a driving certificate or driving licence issued in any country or place other than Hong Kong; and if the applicant has held any such licence or certificate, he shall also state the class of motor vehicle which he was permitted to drive under such licence or certificate; (3 of 2002 s. 15) (b) whether any such licence or certificate held previously has been endorsed, suspended or cancelled; (c) whether under regulation 9(2), the Commissioner has at any time refused to issue him a driving licence or renew his driving licence; and (d) whether he is or has at any time been disqualified from holding or obtaining the driving licence for which he is applying. (3) In the case of an applicant for a full driving licence to drive any class of motor vehicle, where the applicant is 70 years of age or more, his application under paragraph (1) shall be accompanied by a certificate by a registered medical practitioner who is acceptable to the Commissioner that on a date within 4 months before the application, the applicant is medically fit to drive and control any vehicle in that class and the Commissioner shall satisfy himself that- (a) the medical fitness of the applicant has not deteriorated substantially since that date; and (b) the applicant is 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). (49 of 2000 s. 4) (4) In this regulation, “document of identity” (證明身分的文件), in relation to an applicant, means- (a) where the applicant holds a permanent identity card, his permanent identity card; (b) where the applicant does not hold a permanent identity card- (i) his identity card (other than a permanent identity card), if he has one; and (ii) his valid travel document as defined in section 2(1) of the Immigration Ordinance (Cap 115). (L.N. 3 of 2008) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 11 Issue of full driving licences VerDate:10/03/2008 (1) Subject to regulations 6, 7, 8 and 9, the Commissioner shall issue a full driving licence (other than a full driving licence to drive a motor cycle, motor tricycle, taxi, public light bus, private light bus, public bus, private bus, medium goods vehicle, heavy goods vehicle, special purpose vehicle or articulated vehicle) to an applicant for such a licence if he has passed, within 3 years prior to the date of his application, a driving test in respect of the class of motor vehicle to which his application relates. (L.N. 3 of 2008) (1A) The Commissioner shall issue a full driving licence to drive a motor cycle or motor tricycle to an applicant for such licence if he has complied with regulation 12F. (49 of 2000 s. 5) (1B) Subject to regulations 6, 7, 8 and 9, the Commissioner shall issue a full driving licence to drive a taxi, public light bus, private light bus, public bus, private bus, medium goods vehicle, heavy goods vehicle, special purpose vehicle or articulated vehicle to an applicant for such a licence if- (a) the applicant- (i) is the holder of a permanent identity card; or (ii) is the holder of an identity card (other than a permanent identity card) and is not subject to any condition of stay other than a limit of stay as defined in section 2(1) of the Immigration Ordinance (Cap 115); and (b) the applicant has passed, within 3 years prior to the date of his application, a driving test in respect of the class of motor vehicle to which his application relates. (L.N. 3 of 2008) (1C) The Commissioner may waive the requirement of paragraph (1B)(a) if he considers it appropriate to do so. (L.N. 3 of 2008) (2) The Commissioner shall issue a full driving licence (other than a full driving licence to drive a taxi, public light bus, private light bus, public bus, private bus, medium goods vehicle, heavy goods vehicle, special purpose vehicle or articulated vehicle) to an applicant to drive a motor vehicle of the class to which his application relates if the applicant holds a valid full driving licence for a class of motor vehicle which the Commissioner accepts as evidence of his competence to drive a motor vehicle of the class to which his application relates. (L.N. 3 of 2008 and L.N. 55 of 2008) (2A) The Commissioner shall issue a full driving licence to drive a taxi, public light bus, private light bus, public bus, private bus, medium goods vehicle, heavy goods vehicle, special purpose vehicle or articulated vehicle to an applicant for such a licence if- (a) the applicant- (i) is the holder of a permanent identity card; or (ii) is the holder of an identity card (other than a permanent identity card) and is not subject to any condition of stay other than a limit of stay as defined in section 2(1) of the Immigration Ordinance (Cap 115); and (b) the applicant holds a valid full driving licence for a class of motor vehicle which the Commissioner accepts as evidence of his competence to drive a motor vehicle of the class to which his application relates. (L.N. 3 of 2008 and L.N. 55 of 2008) (2B) The Commissioner may waive the requirement of paragraph (2A)(a) if he considers it appropriate to do so. (L.N. 3 of 2008 and L.N. 55 of 2008) (3) Subject to paragraph (4), the Commissioner may issue a full driving licence to an applicant if the Commissioner is satisfied that- (a) some time within 3 years before the date on which the applicant makes the application he had held a driver's certificate or licence issued by a competent authority in any country or place listed in the Fourth Schedule authorizing him to drive motor vehicles of the class which he would be authorized to drive by the licence for which he has applied; and (b) the certificate or licence was originally issued to the applicant after successful completion of a test of competence to drive motor vehicles of the class or description concerned conducted by or on behalf of the competent authority which issued the certificate or licence; and (c) (i) the certificate or licence was originally issued to the applicant during a period of residence of not less than 6 months in the country or place of issue; (L.N. 259 of 1984) (ii) the certificate or licence was originally issued to the applicant not less than 5 years immediately prior to the application; or (iii) the applicant is the holder of a passport or other equivalent travel document issued in the country or place in which the certificate or licence was issued. (3 of 2002 s. 15) (3A) Subject to paragraph (4), the Commissioner may issue a full driving licence to an applicant who is a consular officer or consular employee (as defined in the Schedule to the Consular Relations Ordinance (Cap 557)) if the Commissioner is satisfied- (16 of 2000 s. 15) (a) that some time within 3 years before the date on which the applicant makes the application he had held a driver's certificate or licence issued by a competent authority in the country or place of which he is a consular officer or consular employee authorizing him to drive motor vehicles of the class which he would be authorized to drive by the licence for which he has applied; and (3 of 2002 s. 15) (b) as regards the requirements of paragraph (3)(b) and (c)(iii). (L.N. 259 of 1984) (4) No driving licence shall be issued under paragraph (3) or (3A) authorizing any person to drive- (L.N. 3 of 2008) (a) a public bus or private bus; (b) a medium goods vehicle; (c) a heavy goods vehicle; (L.N. 259 of 1984) (ca) an articulated vehicle; or (L.N. 259 of 1984) (d) a special purpose vehicle. (5) (Repealed 89 of 1994 s. 29) (5A) The Commissioner may by order published in the Gazette amend the Fourth Schedule. (L.N. 3 of 2008) (6) A full driving licence- (a) may, subject to paragraph (6A), be issued on payment of the fee prescribed in the Second Schedule; and (b) shall be valid- (i) in the case of a driving licence issued to an applicant who is at or less than the age of 60 on the date of application, for a period of 10 years from the date of issue; (ii) in the case of a driving licence issued to an applicant who is over the age of 60 but less than the age of 70 on the date of application, for- (A) a period from the date of issue up to the day before he attains the age of 70; or (B) a period of 3 years from the date of issue, whichever is the longer; (iii) in the case of a driving licence issued to an applicant who is at or over the age of 70 on the date of application, for a period of one year or 3 years from the date of issue as the applicant chooses. (L.N. 183 of 1997) (6A) No fee shall be payable in respect of a full driving licence issued to a disabled person. (L.N. 183 of 1997) (7) The Commissioner shall specify in a full driving licence the class of motor vehicle, or the type within any class, that the licence holder is authorized to drive. ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 12 Application for and issue of learners' driving licences VerDate:30/06/1997 (1) A person who wishes to obtain a learner's driving licence in respect of any class of motor vehicle (other than a motor cycle and a motor tricycle) shall deliver to the Commissioner an application therefor in a form specified by the Commissioner, signed by the applicant, together with his identity document. (L.N. 192 of 1989) (2) Paragraphs (2) and (3) of regulation 10 shall apply to an applicant for a learner's driving licence under this regulation to the same extent as those paragraphs apply to an applicant under paragraph (1) of that regulation. (3) On receipt of an application under paragraph (1) and of the fee prescribed in the Second Schedule, the Commissioner shall, subject to regulations 6, 7 and 9, issue to the applicant a learner's driving licence in respect of the class of motor vehicle to which his application relates, valid for 12 months from the date of issue thereof. (34 of 1993 s. 4) (4) (Repealed L.N. 273 of 1989) (L.N. 273 of 1989) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 12A Learners's driving licences for motor cycles and motor tricycles VerDate:30/06/1997 (1) A person who wishes to obtain a learner's driving licence in respect of a motor cycle or a motor tricycle shall deliver to the Commissioner an application therefor in a form specified by the Commissioner, signed by the applicant, together with his identity document. (2) Paragraphs (2) and (3) of regulation 10 shall apply to an applicant for a learner's driving licence under this regulation to the same extent as those paragraphs apply to an applicant under paragraph (1) of that regulation. (3) On receipt of an application under paragraph (1) and of the fee prescribed in the Second Schedule, the Commissioner shall, subject to paragraphs (4) and (5) and regulations 6, 7 and 9, issue to the applicant a learner's driving licence in respect of a motor cycle or a motor tricycle, as the case may be, valid for 12 months from the date of issue thereof. (4) The Commissioner shall refuse to issue a learner's driving licence in respect of a motor cycle or a motor tricycle unless the applicant has passed, within 2 years prior to the date of his application, Parts A and B of the motor cycle driving test referred to in regulation 12C. (5) The Commissioner may refuse to issue a learner's driving licence in respect of a motor cycle or a motor tricycle if the applicant has, during the 12 months immediately preceding his application, been a holder of such a learner's driving licence and during that period- (a) has not applied under regulation 12B to take Part C of a motor cycle driving test; or (b) having so applied to take Part C of a motor cycle driving test, has without reasonable excuse failed to attend for the test on the date and at the time and place notified under regulation 12B. (L.N. 273 of 1989) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 12B Application to take a motor cycle driving test VerDate:30/06/1997 (1) A person who wishes to submit himself for a motor cycle driving test shall deliver to the Commissioner- (a) his identity document; (b) a course certificate issued under Part IXB of the Ordinance; and (c) an application therefor in a form specified by the Commissioner, signed by the applicant. (2) On receipt of an application under paragraph (1) and the payment of the fee prescribed in the Second Schedule, the Commissioner shall issue to the applicant a motor cycle driving test form in a form specified by the Commissioner, and as soon as is practicable thereafter, shall notify the applicant of the date, time and place of the motor cycle driving test. (34 of 1993 s. 5) (3) No person shall be eligible to take any part of a motor cycle driving test unless he holds a valid motor cycle driving test form issued under paragraph (2). (4) A motor cycle driving test form issued under paragraph (2) shall cease to be valid- (a) if the holder thereof fails to attend for a motor cycle driving test on the date and at the time and place notified under paragraph (2) unless- (i) the holder has given not less than 7 days' notice to the Commissioner of his inability to attend for such test; or (ii) the Commissioner is satisfied that the holder was through circumstances beyond his control unable to attend for such test; or (b) on the expiration of 18 months after the date on which it was issued. (5) If a motor cycle driving test form issued under paragraph (2) continues to be valid by virtue of paragraph (4)(a)(i) or (ii), the Commissioner shall give reasonable notice to the holder thereof of the date, time and place of a further motor cycle driving test and, if the holder thereof fails to attend for such further test, paragraph (4) shall apply as if the date, time and place of the test had been notified under paragraph (2). (6) The Commissioner may refund the fee paid to him under paragraph (2) and cancel the motor cycle driving test form issued under that paragraph if he is satisfied that- (a) it would not be in the public interest to issue to the holder thereof a learner's driving licence in respect of a motor cycle or motor tricycle; (b) the holder thereof is either ineligible to obtain, or is disqualified from obtaining or holding, a driving licence; or (c) the holder thereof has been unable to attend for the motor cycle driving test owing to- (i) the test having been cancelled at short notice by the Commissioner; or (ii) other circumstances beyond the control of the holder thereof. (7) (Repealed 34 of 1993 s. 5) (L.N. 273 of 1989) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 12C Conduct of motor cycle driving test VerDate:30/06/1997 (1) A motor cycle driving test shall be divided into 3 part, and, subject to paragraph (3), no part of a test shall be taken until the applicant for the test has passed any preceding part. (2) Each part of a motor cycle driving test shall comprise the requirements relevant to that part specified in the Eleventh Schedule. (3) The Commissioner may exempt an applicant from any part of a motor cycle driving test where he considers the applicant's previous experience is adequate in that part. (4) If an applicant tested by an authorized examiner fails any part of the motor cycle driving test, the Commissioner may refuse to permit him to undergo a further test until a day to be fixed by the Commissioner which shall not be less than 30 days from the day of the previous test. (5) A person who wishes to undergo Part B or C of a motor cycle driving test shall provide at his own expense for the test a motor cycle or a motor tricycle (as the case may be), and an authorized examiner may refuse to conduct a test where he has reason to suspect that the motor cycle or the motor tricycle so provided is not suitable for the purpose or is not in a good mechanical condition. (6) While a motor cycle driving test is being conducted the motor cycle or the motor tricycle used for the purpose of the test shall have a "Driver on Test" plate specified by the Commissioner displayed at the front and rear of the motor cycle or motor tricycle. (L.N. 273 of 1989) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 12D Passing of motor cycle driving test VerDate:30/06/1997 A person shall pass a motor cycle driving test if he satisfies an authorized examiner conducting the test that he is able to comply with all the relevant requirements specified in the Eleventh Schedule. (L.N. 273 of 1989) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 12E No fee payable in respect of certain learners' driving licences VerDate:30/06/1997 No fee shall be payable in respect of a learner's driving licence- (a) issued to a disabled person to drive a private car, motor cycle or motor tricycle; or (b) to drive a Government vehicle. (34 of 1993 s. 6) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 12F Probationary driving period VerDate:01/10/2000 (1) An applicant for a full driving licence to drive a motor cycle or motor tricycle shall not be issued with such licence unless he has completed a probationary driving period within 3 years before the date of application for such licence. (2) Subject to paragraphs (4) and (5), a probationary driving period shall last 12 months. (3) A person's probationary driving period commences on the date a probationary driving licence is issued to him. (4) A person's probationary driving period shall be extended by 6 months if he is convicted of one offence mentioned in the Twelfth Schedule, and the offence was committed by him while driving a motor cycle or motor tricycle during his probationary driving period. (5) For the purposes of paragraphs (1) and (4), a person's probationary driving period shall not include- (a) if his probationary driving licence is cancelled under regulation 12I, a period commencing on the issue of the licence and ending on the cancellation of it; or (b) a period during which he does not hold a valid probationary driving licence. (49 of 2000 s. 6) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 12G Issue of probationary driving licences to drive motor cycles and motor tricycles VerDate:01/10/2000 (1) A person who wishes to apply for a probationary driving licence to drive a motor cycle or motor tricycle shall apply to the Commissioner in a form specified by the Commissioner, signed by the applicant, together with his identity document and the fee prescribed in the Second Schedule. (2) Regulation 10(2) and (3) shall apply to an applicant referred to in paragraph (1) to the same extent as regulation 10(2) and (3) applies to an applicant referred to in regulation 10(1). (3) On receipt of an application under paragraph (1) and of the fee prescribed in the Second Schedule, the Commissioner shall, subject to paragraph (4) and regulations 6, 7 and 9, issue to the applicant a probationary driving licence, valid for 12 months from the date of issue of the licence. (4) The Commissioner shall refuse to issue a probationary driving licence- (a) unless the applicant has passed, within 3 years prior to the date of his application, a motor cycle driving test under regulation 12D; and (b) if the applicant has previously been issued with a probationary driving licence after passing the driving test. (49 of 2000 s. 6) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 12H Renewal of probationary driving licences VerDate:19/05/2007 (1) Subject to paragraph (3) and regulations 6 and 9, the Commissioner shall renew a probationary driving licence for 6 months on receipt of an application for such renewal in a form specified by the Commissioner, signed by the applicant, together with- (a) his identity document; and (L.N. 49 of 2007) (b) (Repealed L.N. 49 of 2007) (c) the fee prescribed in the Second Schedule. (2) A probationary driving licence may be renewed at any time within- (a) 15 days before its expiry, such renewal to be effective from the date of expiry; or (b) 3 years after its expiry, such renewal to be effective from the date of renewal. (3) Regulation 10(3) shall apply to an applicant referred to in paragraph (1) to the same extent as regulation 10(3) applies to an applicant referred to in regulation 10(1). (49 of 2000 s. 6) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 12I Cancellation of probationary driving licences VerDate:01/10/2000 (1) Without prejudice to regulation 20, the Commissioner shall cancel a probationary driving licence if the licence holder- (a) has more than once been convicted of an offence mentioned in the Twelfth Schedule; (b) has been convicted of 2 or more offences mentioned in the Twelfth Schedule; or (c) is convicted of an offence in respect of which 10 or more points shall be incurred under section 4 of the Road Traffic (Driving-offence Points) Ordinance (Cap 375), and such offence or offences was or were committed by him while driving a motor cycle or motor tricycle during his probationary driving period. (2) If an appeal is lodged against a conviction referred to in paragraph (1) which causes the cancellation of a probationary driving licence under this regulation, such cancellation shall not take effect until the appeal is withdrawn or dismissed. (49 of 2000 s. 6) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 12J No fee payable in respect of certain probationary driving licences VerDate:01/10/2000 No fee shall be payable in respect of a probationary driving licence issued to or renewed for a disabled person. (49 of 2000 s. 6) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 12K Driving during probationary driving period VerDate:01/10/2000 (1) The holder of a probationary driving licence shall not drive a motor cycle or motor tricycle unless it has a plate displayed in accordance with the Thirteenth Schedule. (2) The holder of a probationary driving licence shall not drive a motor cycle or motor tricycle with any passenger on it. (49 of 2000 s. 6) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 12L Cancellation of full driving licences to drive motor cycles and motor tricycles VerDate:01/10/2000 (1) Without prejudice to regulation 20, the Commissioner shall cancel a full driving licence to drive a motor cycle or motor tricycle if the licence holder is convicted of, after his probationary driving period- (a) an offence mentioned in the Twelfth Schedule; or (b) an offence in respect of which 10 or more points shall be incurred under section 4 of the Road Traffic (Driving-offence Points) Ordinance (Cap 375), and such offence was committed by him while driving such vehicle during his probationary driving period. (2) If an appeal is lodged against a conviction referred to in paragraph (1) which causes the cancellation of a full driving licence under this regulation, such cancellation shall not take effect until the appeal is withdrawn or dismissed. (49 of 2000 s. 6) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 13 Application for and issue of temporary driving licences VerDate:01/07/1997 Adaptation amendments retroactively made - see 3 of 2002 s. 15 (1) Any person, other than a consular officer or consular employee to whom regulation 11(3A) applies, arriving in Hong Kong to take up residence who- (L.N. 259 of 1984) (a) is the holder of a valid driver's certificate or licence issued outside Hong Kong by a competent authority in any country or place not listed in the Fourth Schedule; and (3 of 2002 s. 15) (b) within 3 months after the date of his arrival in Hong Kong, makes an application under regulation 31 for a driving test, may apply to the Commissioner for a temporary driving licence. (2) Subject to paragraph (3), the Commissioner may issue a temporary driving licence to an applicant under paragraph (1) if the Commissioner is satisfied that- (L.N. 259 of 1984) (a) the driver's certificate or licence held by the applicant was originally issued to him during a period of residence of not less than 6 months in the country or place of issue; (L.N. 259 of 1984) (b) the driver's certificate or licence held by the applicant was originally issued to him not less than 5 years immediately prior to the application; or (c) the applicant is the holder of a passport or other equivalent travel document issued in the country or place in which the driver's certificate or licence held by him was issued. (3 of 2002 s. 15) (3) No temporary driving licence shall be issued under this regulation authorizing any person to drive- (a) a public bus or private bus; (b) a medium goods vehicle; (c) a heavy goods vehicle; (L.N. 259 of 1984) (ca) an articulated vehicle; or (L.N. 259 of 1984) (d) a special purpose vehicle. (4) An applicant under paragraph (1) shall deliver to the Commissioner an application in a form specified by the Commissioner, signed by the applicant, together with- (a) (Repealed L.N. 192 of 1989) (b) his identity document; and (c) his driver's certificate or licence referred to in paragraph (1)(a). (5) On receipt of an application under paragraph (4) and of the fee prescribed in the Second Schedule, the Commissioner may, subject to paragraphs (2) and (3) and regulations 6, 7 and 9, issue to the applicant a temporary driving licence in respect of a vehicle of a class which the applicant is authorized by his driver's certificate or licence to drive, valid until the expiry of his driver's certificate or licence or the expiry of 12 months from the date of his arrival in Hong Kong, whichever occurs first. (6) The Commissioner may in his discretion extend the validity of a temporary driving licence for one further period not exceeding 6 months subject to such conditions as he thinks fit. (7) The Commissioner shall specify in a temporary driving licence the class of motor vehicle, or the type within any class, that the licence holder is authorized to drive. (8) If during the validity of a temporary driving licence the licence holder fails to pass a driving test, the Commissioner shall cancel his temporary driving licence from the time which the licence holder is informed that he has so failed. (9) On cancellation of a temporary driving licence, the Commissioner shall give to the licence holder notice of such cancellation, and the licence holder shall, within 72 hours after receipt of such notice, surrender his temporary driving licence to the Commissioner. ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 14 Application for and issue of driving licences for Government vehicles VerDate:30/06/1997 (1) A person who wishes to obtain a driving licence to drive Government vehicles shall deliver to the Commissioner an application therefor in a form specified by the Commissioner, signed by the applicant, together with- (a) (Repealed L.N. 192 of 1989) (b) his identity document; and (c) a valid Government driving permit, or other evidence to the satisfaction of the Commissioner, specifying the class of Government vehicle that he is competent to drive. (2) On receipt of an application under paragraph (1), the Commissioner shall, subject to regulations 6 and 9, issue a driving licence to the applicant authorizing him to drive Government vehicles of the class specified in the licence. (3) Where an applicant for a driving licence to drive Government vehicles is the holder of a valid full driving licence in respect of any class of vehicle other than Government vehicles, he shall lodge that licence with the Commissioner at the time of his application under paragraph (1); and where the Commissioner subsequently issues to the applicant a driving licence to drive Government vehicles, he shall endorse it with an endorsement authorizing the licence holder to drive, in addition to Government vehicles, the class of vehicle which the full driving licence authorized the licence holder to drive. (4) A driving licence issued under paragraph (2) shall be valid for 10 years from the date of issue. (L.N. 183 of 1997) (5) No fee shall be payable for the issue of a driving licence under this regulation. ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 15 Renewal of full driving licence VerDate:10/03/2008 (1) Subject to paragraphs (2), (6), (7) and (9) and regulations 6 and 9, the Commissioner shall renew a full driving licence on receipt of an application made in such form and in such manner as is specified by the Commissioner, together with— (a) the applicant’s document of identity as defined in regulation 10(4); and (b) the fee prescribed in the Second Schedule. (2) No driving licence authorizing a person to drive a taxi, public light bus, private light bus, public bus, private bus, medium goods vehicle, heavy goods vehicle, special purpose vehicle or articulated vehicle shall be renewed under paragraph (1) unless the applicant— (a) is the holder of a permanent identity card; or (b) is the holder of an identity card (other than a permanent identity card) and is not subject to any condition of stay other than a limit of stay as defined in section 2(1) of the Immigration Ordinance (Cap 115). (3) Where the application is for the renewal of a full driving licence (other than a full driving licence to drive a taxi, public light bus, private light bus, public bus, private bus, medium goods vehicle, heavy goods vehicle, special purpose vehicle or articulated vehicle), the Commissioner may waive the requirement of paragraph (1)(a) if— (a) the application is made in a form specified by the Commissioner that contains a unique password assigned to the applicant by the Commissioner; or (b) the application is made electronically by means of an online communication system using a template specified by the Commissioner and— (i) the applicant identifies himself by the unique password assigned to him by the Commissioner; and (ii) the applicant provides the information required by the Commissioner as set out in the template. (4) Where the application is for the renewal of a full driving licence to drive a taxi, public light bus, private light bus, public bus, private bus, medium goods vehicle, heavy goods vehicle, special purpose vehicle or articulated vehicle, the Commissioner may waive the requirement of paragraph (1)(a) if— (a) the application is made in the manner referred to in either paragraph (3)(a) or (b); and (b) the applicant makes a declaration in a manner specified in the form or template (as the case may be) that— (i) he is the holder of a permanent identity card; or (ii) he is the holder of an identity card (other than a permanent identity card) and is not subject to any condition of stay other than a limit of stay as defined in section 2(1) of the Immigration Ordinance (Cap 115). (5) The Commissioner may waive the requirement of paragraph (2) if he considers it appropriate to do so. (6) A full driving licence may be renewed at any time— (a) during the period of 4 months before the date of its expiry, such renewal to be effective from the date of expiry; (b) within 15 days after the date of its expiry, such renewal to be effective from the date of expiry; (c) during the period exceeding 15 days but not exceeding 3 years after the date of its expiry, such renewal to be effective from the date of renewal. (7) Before a full driving licence is renewed, where the applicant is 70 years of age or more, he shall produce to the Commissioner a certificate referred to in regulation 10(3) and the Commissioner shall satisfy himself that the applicant is 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). (8) Where due to circumstances beyond his control the Commissioner is unable for the time being to renew a driving licence, the receipt issued by him for the payment of the renewal fee shall be deemed for the purposes of these regulations to be a valid driving licence in place of the driving licence to be renewed, until the driving licence is renewed or the expiry of a period of 30 days after the issue of the receipt, whichever is the earlier. (9) No fee shall be payable in respect of the renewal of a full driving licence held by a disabled person. (L.N. 3 of 2008) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 16 Renewal of driving licences for Government vehicles VerDate:19/05/2007 (1) Subject to regulations 6 and 9, the Commissioner may renew a driving licence to drive Government vehicles on receipt of an application therefor in a form specified by the Commissioner, signed by the applicant, together with- (L.N. 183 of 1997) (a) (Repealed L.N. 192 of 1989) (b) his identity document; and (L.N. 49 of 2007) (c) (Repealed L.N. 49 of 2007) (d) a valid Government driving permit, or other evidence to the satisfaction of the Commissioner, specifying the class of Government vehicle that he is competent to drive. (2) A driving licence to drive Government vehicles may be renewed free of charge for 10 years or such shorter period as the Commissioner thinks fit from the date of renewal and any endorsement made by the Commissioner under regulation 14(3) shall be made on the renewed driving licence. (L.N. 183 of 1997) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 17 Conditions of driving licences VerDate:30/06/1997 (1) The Commissioner may in his discretion impose conditions on any driving licence whereby the licence is restricted- (a) to a particular type of vehicle in a class; (b) to vehicles with automatic transmission; or (c) as to any other matter which the Commissioner thinks fit. (2) The Commissioner may vary or cancel any condition imposed under paragraph (1). (3) Any condition imposed under paragraph (1) and any variation thereof shall be endorsed on the driving licence or specified in writing by the Commissioner at the time when a driving licence is issued to the applicant. (4) Except when undergoing a driving test, a licence holder shall not drive a motor vehicle in contravention of any condition imposed under paragraph (1). ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 18 Notification of change of particulars of licence holders VerDate:19/05/2007 Notification of change of particulars of licence holders (L.N. 49 of 2007) (1) If a change occurs in the name, address or identity document of a licence holder previously provided by the licence holder to the Commissioner, the licence holder shall, within 72 hours of the change— (a) notify the Commissioner in writing of such change; and (b) (in the case of a change of name or change of identity document) deliver to the Commissioner his existing driving licence and, if he also holds a driving instructor’s licence, his existing driving instructor’s licence. (L.N. 49 of 2007) (1A) The Commissioner may require a person who has given a notification under paragraph (1) to provide such information or produce such document as the Commissioner may reasonably require as proof of the change within 14 days from the day on which the requirement is made, and the person shall comply with such requirement. (L.N. 49 of 2007) (2) On receipt of a notification under paragraph (1), the Commissioner shall, if satisfied that the change specified in the notification has occurred, alter the relevant particulars in the record maintained under regulation 39. (L.N. 49 of 2007) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 18A Variation of licence on change of particulars VerDate:19/05/2007 (1) On receipt of a notification under regulation 18(1) and an existing driving licence mentioned in regulation 18(1)(b) (referred to in this regulation as “existing licence”), the Commissioner shall, if satisfied that the change specified in the notification has occurred and a variation of the existing licence is required, issue to the licence holder a driving licence with the relevant particulars varied to replace the existing licence. (2) Unless the licence holder applies for the renewal of his existing licence when delivering his existing licence under regulation 18(1)(b), the licence issued pursuant to paragraph (1) shall expire on the date on which his existing licence expires. (3) The provisions of paragraphs (1) and (2) shall also apply to the variation of a driving instructor’s licence as if references in those paragraphs to a driving licence were references to a driving instructor’s licence. (L.N. 49 of 2007) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 19 Entitlement to drive other classes of vehicle VerDate:30/06/1997 (1) A person who is the holder of a valid driving licence which entitles him to drive a private car or light goods vehicle shall by virtue thereof also be entitled to drive a taxi or light bus: Provided that- (a) there is displayed on the front of the vehicle a red plate showing in white, block letters and characters not less than 75 millimetres high, the words "OUT OF SERVICE" and the Chinese characters "暫停 載客"; (b) other than the driver, the maximum number of persons carried in the vehicle is one; and (c) in the case of a taxi, the taximeter indicator is covered in such manner as not to be visible from outside the taxi. (L.N. 259 of 1984) (2) A person who is the holder of a valid driving licence which entitles him to drive a medium goods vehicle or heavy goods vehicle shall by virtue thereof also be entitled to drive a taxi, light bus or bus: Provided that- (a) there is displayed on the front of the vehicle a red plate showing in white, block letters and characters not less than 75 millimetres high, the words "OUT OF SERVICE" and the Chinese characters "暫停 載客"; (b) other than the driver, the maximum number of persons carried in the vehicle is- (i) in the case of a public bus, 4; and (ii) in any other case, one; and (c) in the case of a taxi, the taximeter indicator is covered in such a manner as not to be visible from outside the taxi. (L.N. 259 of 1984) (3) Nothing in this regulation authorizes the use of a motor vehicle for the carriage of passengers or goods for hire or reward. (4) In this regulation "taximeter indicator" (的士計程錶指示器) means the taximeter indicator referred to in regulation 42(1) of the Road Traffic (Construction and Maintenance of Vehicles) Regulations (Cap 374 sub. leg. A). (L.N. 259 of 1984) (4) In this regulation "taximeter indicator" (的士計程錶指示器) means the taximeter indicator referred to in regulation 42(1) of the Road Traffic (Construction and Maintenance of Vehicles) Regulations (Cap 374 sub. leg.). (L.N. 259 of 1984) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 20 Cancellation of driving licences VerDate:30/06/1997 (1) The Commissioner shall cancel a driving licence if the licence holder- (a) does not fulfil the conditions and requirements necessary for the issue of the driving licence; (b) is suffering from any disease or physical disability specified in the First Schedule. (2) The Commissioner may cancel a driving licence if the licence holder contravenes any condition of the licence. (3) On cancellation of a driving licence the Commissioner shall give to the person to whom the licence was issued notice of such cancellation, and such person shall, within 72 hours after receipt of the notice, surrender his driving licence to the Commissioner. ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 20A Classification of motor vehicles for issue of driving instructors' licences VerDate:01/09/2000 PART III DRIVING INSTRUCTORS, INSTRUCTION AND TESTS For the purpose of the issue of driving instructors' licences, classes of motor vehicles shall be divided into the following groups- (a) group 1-private cars and light goods vehicles; (b) group 2- public light buses, private light buses, public buses and private buses; (c) group 3-medium goods vehicles, heavy goods vehicles and articulated vehicles; (d) group 4-motor cycles and motor tricycles; (e) group 5-Government vehicles. (L.N. 161 of 2000) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 21 Application for driving instructors' licences for restricted driving instructors VerDate:19/05/2007 A person who wishes to obtain a driving instructor's licence of a restricted driving instructor in respect of any group of motor vehicles shall deliver to the Commissioner- (L.N. 161 of 2000; L.N. 97 of 2001) (a) an application in a form specified by the Commissioner and signed by the person; and (b) the person’s identity document. (L.N. 49 of 2007) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 21A Application for private driving instructors' licences VerDate:19/05/2007 (1) If the Commissioner considers that it is desirable to issue private driving instructors' licences in respect of any group of motor vehicles, he may- (a) determine the number of licences to be issued for that group; and (b) by a notice published once in at least 1 English and 2 Chinese newspapers circulating in Hong Kong, invite applications for the issue of licences of that group. (2) The Commissioner may not publish a notice under paragraph (1)(b) unless he is satisfied that the issue of private driving instructors' licences in respect of any particular group of motor vehicles is desirable having regard to- (a) prevailing traffic conditions; (b) policy adopted for driver training for the time being; and (c) the demand for learner drivers to receive driving instruction from private driving instructors in respect of that group of motor vehicles. (3) A notice published under paragraph (1)(b) must specify- (a) the number of licences that the Commissioner proposes to issue for any group of motor vehicles in respect of that invitation; and (b) a date by which applications are to be received by the Commissioner ("the specified date"). (4) A person who wishes to obtain a private driving instructor's licence shall deliver to the Commissioner by the specified date- (a) an application in a form specified by the Commissioner and signed by the person; and (b) the person’s identity document. (L.N. 49 of 2007) (5) If the total number of the applications received by the Commissioner by the specified date exceeds the number of licences that he proposes to issue, the Commissioner may cause the applications and the order in which they are to be dealt with to be determined by lot. (L.N. 97 of 2001) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 22 Issue of driving instructors' licences VerDate:01/07/2001 (1) Subject to paragraph (2), the Commissioner may, on receipt of an application under regulation 21 or 21A and of the fee prescribed in the Second Schedule, issue to the applicant a driving instructor's licence subject to the conditions set out in the Fifth Schedule and to any further conditions which the Commissioner may impose. (1A) Without prejudice to the general power of the Commissioner to impose conditions under paragraph (1), if an applicant is employed by a driving school or other organization as a driving instructor, or is otherwise required under a contract to give driving instruction on behalf of a driving school or other organization, the Commissioner, in relation to an application made under regulation 21, may issue a driving instructor's licence subject to a condition that the applicant shall only give driving instruction on behalf of the driving school or other organization. (L.N. 97 of 2001) (2) No person shall be issued a driving instructor's licence- (a) unless he is the holder of a full driving licence to drive all classes of motor vehicles in the group in respect of which his application for a driving instructor's licence is made and has held such a driving licence for a period of at least 3 years immediately preceding the date of the application; (L.N. 161 of 2000) (b) unless he has passed the driving instructor's test in relation to which the application is made or has been exempted by the Commissioner from attending all parts of the driving instructor's test; (c) if he has been convicted of an offence under section 36 or 39 of the Ordinance during the 5 years immediately preceding his application. (3) A driving instructor's licence shall be valid for one year. (4) Subject to regulation 22A, the Commissioner shall, upon application made in accordance with that regulation by a person holding a driving instructor's licence issued before 1 September 2000, issue to that person a driving instructor's licence in respect of the group that includes the class of motor vehicle for which the first-mentioned licence was issued. A driving instructor's licence issued under this paragraph shall be subject to the conditions set out in the Fifth Schedule and to any further conditions which the Commissioner may impose. (L.N. 161 of 2000;) (L.N. 97 of 2001) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 22A Application for driving instructors' licences issued under regulation 22(4) and conditions of issue VerDate:19/05/2007 (1) An application for a driving instructor's licence referred to in regulation 22(4) by a person holding a driving instructor's licence issued before 1 September 2000 ("existing licence") may be made at any time not later than 3 years after the date of expiry of the existing licence. (2) The applicant shall deliver to the Commissioner an application in a form specified by the Commissioner, signed by the applicant, together with- (a) his identity document; and (L.N. 49 of 2007) (b)-(c) (Repealed L.N. 49 of 2007) (d) the fee prescribed in the Second Schedule. (3) The applicant shall not be issued a driving instructor's licence under regulation 22(4) if he has been convicted of an offence under section 36 or 39 of the Ordinance since the existing licence was issued to him. (4) A driving instructor's licence issued under regulation 22(4) in respect of any group shall entitle the applicant to give driving instruction only in respect of those classes of motor vehicles in that group in respect of which the applicant has held full driving licence for a period of at least 3 years immediately preceding the date of the application. (5) A driving instructor's licence issued under regulation 22(4) shall- (a) be effective from the date of issue; and (b) be valid for one year. (L.N. 161 of 2000) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 23 Renewal of driving instructors' licences VerDate:19/05/2007 (1) Subject to paragraph (3), the Commissioner shall renew a driving instructor's licence on receipt of an application therefor in a form specified by the Commissioner, signed by the applicant, together with- (a) (Repealed L.N. 192 of 1989) (b) his identity document; and (L.N. 49 of 2007) (c)-(d) (Repealed L.N. 49 of 2007) (e) the fee prescribed in the Second Schedule. (2) A driving instructor's licence may be renewed at any time- (a) during the period of 4 months before its expiry, such renewal to be effective from the date of expiry; (b) within 15 days after the date of its expiry, such renewal to be effective from the date of expiry; (c) during the period exceeding 15 days but not exceeding 3 years after its expiry, such renewal to be effective from the date of renewal. (3) No driving instructor's licence shall be renewed- (a) unless the applicant is the holder of a full driving licence to drive all classes of motor vehicles in the group in respect of which his application for the renewal of the driving instructor's licence is made; (L.N. 161 of 2000) (b) if the applicant has been convicted of an offence under section 36 or 39 of the Ordinance since the driving instructor's licence was issued to him. (4) This regulation does not apply to driving instructors' licences to which regulation 23A applies. (L.N. 161 of 2000) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 23A Renewal of certain driving instructors' licences issued under regulation 22(4) VerDate:19/05/2007 (1) This regulation applies to a driving instructor's licence that- (a) is issued under regulation 22(4); and (b) does not entitle its holder to give driving instruction in respect of all classes of motor vehicles in the group in respect of which the application is made. (2) Subject to paragraph (4), the Commissioner shall renew a driving instructor's licence to which this regulation applies on receipt of an application in a form specified by the Commissioner, signed by the applicant, together with- (a) his identity document; and (L.N. 49 of 2007) (b)-(c) (Repealed L.N. 49 of 2007) (d) the fee prescribed in the Second Schedule. (3) An application for renewal of a driving instructor's licence to which this regulation applies may be made at any time- (a) during the period of 4 months before its expiry, such renewal to be effective from the date of expiry; (b) within 15 days after the date of its expiry, such renewal to be effective from the date of expiry; (c) during the period exceeding 15 days but not exceeding 3 years after the date of its expiry, such renewal to be effective from the date of renewal. (4) The driving instructor's licence shall not be renewed if the applicant has been convicted of an offence under section 36 or 39 of the Ordinance since the driving instructor's licence was issued to him. (5) A driving instructor's licence renewed under paragraph (2) in respect of any group shall entitle the applicant to give driving instruction only in respect of those classes of motor vehicles in that group in respect of which the applicant has held full driving licence for a period of at least 3 years immediately preceding the date of the application. (L.N. 161 of 2000) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 24 Driving instructors' tests VerDate:01/07/2001 (1) A driving instructor's test may be divided into parts, and, subject to paragraph (5), no part of a driving instructor's test shall be taken until the applicant has passed any preceding part. (2) The Commissioner may appoint in writing any authorized examiner to conduct driving instructor's tests. (3) The fee prescribed in the Second Schedule shall be payable for a driving instructor's test. (4) An applicant shall pass a driving instructor's test if the applicant satisfies the authorized examiner conducting the test of his ability and fitness to give driving instruction assessed in accordance with Part I of the Sixth Schedule. (5) The Commissioner may exempt an applicant from any part of a driving instructor's test where he considers the applicant's previous experience is adequate in that part. (L.N. 97 of 2001) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 25 Test of continued ability and fitness to give driving instruction VerDate:01/09/2000 (1) If the Commissioner considers that a driving instructor should take a test of his continued ability and fitness to give driving instruction, he shall serve the driving instructor a notice in writing requiring him to submit himself for such test on a date and at a time and place specified in the notice, such date to be not less than 14 days from the date on which the notice is given. (2) The Commissioner may appoint in writing any authorized examiner to conduct tests of continued ability and fitness to give driving instruction. (3) No fee shall be payable for a test under this regulation. (4) A driving instructor shall pass a test under this regulation if he satisfies the authorized examiner conducting the test of his ability and fitness to give driving instruction assessed in accordance with Part II of the Sixth Schedule. (5) Where a test is to be conducted under this regulation, the driving instructor shall provide at his own expense for the test a motor vehicle of the class, as determined by the Commissioner, in the group in respect of which he holds the driving instructor's licence, and an authorized examiner may refuse to conduct a test where he has reason to suspect that the vehicle so provided is not suitable for the purpose or is not in a good mechanical condition. (L.N. 161 of 2000) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 26 Competence to continue as driving instructor VerDate:30/06/1997 (1) If an authorized examiner appointed under regulation 25(2) so requires, a driving instructor and a driver shall permit one or more such authorized examiners to travel in a motor vehicle, whilst the vehicle is being used by the driving instructor to give driving instruction to the driver, for the purpose of enabling the authorized examiner to assess the standard and method of the driving instruction, and if the authorized examiner concludes that the driving instructor does not possess the qualities or ability to continue to be a driving instructor he shall report the matter to the Commissioner. (2) Paragraph (1) does not apply in relation to motor cycles and motor tricycles. (L.N. 273 of 1989) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 27 Conduct of driving instructions, etc. VerDate:01/09/2000 (1) No person shall give driving instruction to any person unless- (a) the person giving the driving instruction is the holder of a valid driving instructor's licence which entitles him to give driving instruction for the class of motor vehicle in respect of which driving instruction is given; and (b) the person being instructed is the holder of a valid driving licence or permit to drive the class of motor vehicle in respect of which driving instruction is given. (L.N. 303 of 1989; L.N. 161 of 2000) (2) No driving instructor shall contravene any condition contained in the driving instructor's licence issued to him or give driving instruction while the person whom he is instructing is acting in contravention of regulation 30. (3) A driving instructor shall maintain a record, in a form specified by the Commissioner, of all drivers to whom he gives driving instruction, and such record shall be made available by him for inspection by the Commissioner at any reasonable time. (L.N. 303 of 1989) (4) Paragraph (1)(b) does not apply where driving instruction is given to a person taking a driving instruction course in respect of motor cycles or motor tricycles in a driving school in accordance with Part IXB of the Ordinance. (L.N. 273 of 1989) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 28 Cancellation of driving instructors' licences VerDate:01/07/2001 (1) The Commissioner shall cancel a driving instructor's licence if the holder thereof- (a) no longer holds a valid full driving licence to drive any class of motor vehicle in the group for which he is entitled by the driving instructor's licence to give driving instruction; (L.N. 161 of 2000) (b) is convicted of an offence under section 36 or 39 of the Ordinance; (c) without reasonable excuse fails to submit himself for a test required under regulation 25 or, having submitted to the test, does not pass the test; or (d) contravenes regulation 27: Provided that in a case of a failure to submit for a test required under regulation 25 or a contravention of regulation 27, the Commissioner may, instead of cancelling a driving instructor's licence, suspend it for such period as he thinks fit. (2) On cancellation or suspension of a driving instructor's licence, the Commissioner shall give to the person whose licence is cancelled or suspended notice in writing of such cancellation or suspension, and such person shall, within 72 hours after receipt of such notice, surrender his driving instructor's licence to the Commissioner. (3) On expiry of the period of suspension, a driving instructor's licence that has been surrendered to the Commissioner under paragraph (2) shall be returned by the Commissioner to the licence holder. (4) Where the driving instructor's licence of a private driving instructor has been cancelled under paragraph (1), the Commissioner may, if that instructor applies for a private driving instructor's licence in respect of the same group of motor vehicles as that of the licence which has been cancelled, issue to that instructor a private driving instructor's licence for that same group of motor vehicles in accordance with such of the provisions of this Part that applied to the issue of such licences prior to the commencement of regulation 21A, as if the Road Traffic (Driving Licences) (Amendment) Regulation 2001 (L.N. 97 of 2001) had not been enacted. (L.N. 97 of 2001) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 29 Authorized examiners VerDate:30/06/1997 (1) The Commissioner may appoint in writing any person to be an authorized examiner for the purpose of conducting driving tests. (2) Every driving test shall be conducted by an authorized examiner. ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 30 Driving under instruction VerDate:01/09/2000 (1) Subject to paragraphs (1A) and (5), a learner driver shall not drive a motor vehicle of the class specified in the learner's driving licence unless he is accompanied by a driving instructor who is the holder of a valid driving instructor's licence which entitles him to give driving instruction in respect of that class of motor vehicle. (L.N. 97 of 1997; L.N. 161 of 2000) (1A) Paragraph (1) shall not apply- (a) when the learner driver is undergoing a driving test ; or (b) when the learner driver is driving a motor vehicle in the premises of a driving school within the meaning of section 88J of the Ordinance while following a driving instruction course and for the purpose of the course. (L.N. 97 of 1997) (2) Subject to paragraph (5), a learner driver when driving a motor vehicle shall not, unless otherwise authorized in writing by the Commissioner, carry any person in or on the vehicle other than a driving instructor, one other learner driver for the purpose of receiving driving instruction and one or more authorized examiners. (3) Subject to paragraph (5), a learner driver shall not drive a motor vehicle unless the vehicle has- (a) a handbrake readily accessible to the driving instructor or has an effective system of remote braking control which is under the driving instructor's manual control when the vehicle is being used for the purpose of paragraph (1A)(b); and (L.N. 97 of 1997) (b) a plate displayed in accordance with the Third Schedule. (4) A learner driver shall not drive a motor vehicle except at such times and in accordance with such conditions as may be specified in writing by the Commissioner at the time the learner's driving licence is issued to him. (5) Paragraphs (1), (2) and (3)(a) shall not apply to a learner driver when driving a motor cycle, an invalid carriage, or a motor vehicle designed to carry only a driver. (6) A learner driver when driving a motor cycle shall not carry any person on it. (L.N. 279 of 1988) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 31 Application to take a driving test VerDate:30/06/1997 (1) A person who wishes to submit himself for a driving test shall deliver to the Commissioner an application therefor in a form specified by the Commissioner, signed by the applicant, and shall state in the application the class of motor vehicle in respect of which the driving test is required and the particulars of the learner's driving licence or temporary driving licence, if any, held by him. (2) Subject to paragraphs (3) and (9), on receipt of an application under paragraph (1) and of the fee prescribed in the Second Schedule, the Commissioner shall issue to the applicant a driving test form in a form specified by the Commissioner stating the class of motor vehicle in respect of which the driving test is to be undergone and such requirements as he considers appropriate relating to the gross vehicle weight, dimensions and, construction of and the load to be carried on such vehicle, and, as soon as is practicable thereafter, shall notify the applicant of the date, time and place of the driving test. (L.N. 195 of 1990) (3) If an applicant does not hold a learner's driving licence for the class of motor vehicle in respect of which the driving test is required, then, unless he holds a temporary driving licence for such class of motor vehicle, the Commissioner may refuse to issue to him a driving test form until he holds a learner's driving licence for that class, and the Commissioner shall notify the applicant of such refusal and shall state in the notification the reason for such refusal. (4) No person shall be eligible to take a driving test unless he holds a valid driving test form. (5) Notwithstanding any other provision of these regulations, a valid driving test form shall authorize the holder thereof to drive a motor vehicle of the class specified in the driving test form issued under paragraph (2) for the purposes of a driving test. (6) A driving test form issued under paragraph (2) shall cease to be valid- (a) if the holder thereof fails to attend for a driving test on the date and at the time and place notified under paragraph (2) unless- (i) the holder has given not less than 7 days' notice to the Commissioner of his inability to attend for such test; or (ii) the Commissioner is satisfied that the holder was through circumstances beyond his control unable to attend for such test; or (b) on the expiration of 18 months after the date on which it was issued. (7) If a driving test form continues to be valid by virtue of paragraph (6)(a)(i) or (ii), the Commissioner shall give reasonable notice to the holder thereof of the date, time and place of a further driving test and, if the holder thereof fails to attend for such further test, paragraph (6) shall apply as if the date, time and place of the test had been notified under paragraph (2). (8) The Commissioner may refund the fee paid to him under paragraph (2) and cancel the driving test form issued by him under that paragraph if he is satisfied that- (a) it would not be in the public interest to issue to the holder thereof a driving licence in respect of the class of vehicle applied for; (b) the holder thereof is either ineligible to obtain, or is disqualified from obtaining or holding, a driving licence; or (c) the holder thereof has been unable to attend for the test due to- (i) the test having been cancelled at short notice by the Commissioner; or (ii) other circumstances beyond the control of the holder thereof. (9) The Commissioner may waive payment of the fee payable under paragraph (2) in the case of- (L.N. 259 of 1984) (a) an applicant who is a disabled person; and (b) an applicant who at the commencement of these regulations holds a valid driving licence that is restricted to the driving of all goods vehicles and to whom paragraph 2(c)(ii) of the Tenth Schedule applies, when he first applies under this regulation for a driving test in respect of an articulated vehicle. (10) This regulation does not apply in relation to motor cycles and motor tricycles. (L.N. 273 of 1989) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 32 Conduct of driving test VerDate:30/06/1997 (1) A driving test may be divided into parts, and, subject to paragraph (2), no part of a driving test shall be taken until the applicant for the driving test has passed any preceding part. (2) The Commissioner may exempt an applicant from any part of a driving test where he considers the applicant's previous experience is adequate in that part. (3) If a learner driver or the holder of a temporary driving licence has been tested by an authorized examiner and has failed the driving test, the Commissioner may refuse to permit him to undergo a further driving test until a day to be fixed by the Commissioner which shall not be less than 30 days from the day of the previous test. (4) A person who wishes to undergo a driving test shall provide at his own expense for the driving test a motor vehicle which shall be of the class specified in the driving test form and conform with any other requirement specified therein under regulation 31(2), and an authorized examiner may refuse to conduct a test where he has reason to suspect that the vehicle so provided is not suitable for the purpose or is not in a good mechanical condition. (L.N. 195 of 1990) (5) While a driving test is being conducted the motor vehicle used for the purpose of the test shall have a "Driver on Test" plate specified by the Commissioner displayed at the front and rear of the vehicle. (6) This regulation does not apply in relation to motor cycles and motor tricycles. (L.N. 273 of 1989) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 33 Passing of driving test VerDate:30/06/1997 (1) A person shall pass a driving test to drive a motor vehicle of the class specified in the driving test form if he satisfies an authorized examiner conducting the test that he is able to comply with the relevant requirements specified in the Eighth Schedule. (2) This regulation does not apply in relation to motor cycles and motor tricycles. (L.N. 273 of 1989) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 34 Re-testing of driving licence holders VerDate:30/06/1997 (1) Where, pursuant to the order of a court a re-testing of a driving licence holder is required, the Commissioner shall, unless the licence holder is otherwise disqualified from holding or obtaining a driving licence, give to the licence holder a notice in writing requiring him to submit himself for a driving test on the date and at the time and place specified in the notice, such date to be not less than 14 days from the date of service of such notice, and shall issue to the licence holder a driving test form in accordance with regulation 31(2). (2) No fee shall be payable for a driving test under this regulation. ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 35 Procedure on disqualification VerDate:30/06/1997 PART IV PROCEDURE ON DISQUALIFICATION (1) Subject to paragraph (2), where, pursuant to section 71 of the Ordinance, a court has forwarded to the Commissioner a driving licence of a person who has been disqualified, the Commissioner shall withhold the driving licence until- (a) the expiry of the period of disqualification; (b) the disqualification is removed under section 72 of the Ordinance; or (c) a driving test referred to in regulation 34 is passed, as the case may be. (2) Where the disqualification is limited to the driving of motor vehicles of a certain class or description, the Commissioner shall cancel the driving licence held by that person and issue to him a driving licence limited to the driving of motor vehicles of the class or description for which he is qualified to drive. ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 36 Application for and issue of international driving permits VerDate:19/05/2007 PART V INTERNATIONAL DRIVING PERMITS (1) A holder of a full driving licence who wishes to obtain an international driving permit under the 1949 Convention shall deliver to the Commissioner an application therefor in a form specified by the Commissioner, signed by the applicant, together with- (L.N. 49 of 2007) (a) 2 photographs of himself; and (L.N. 49 of 2007) (b) his identity document. (L.N. 49 of 2007) (c) (Repealed L.N. 49 of 2007) (2) On receipt of an application under paragraph (1) and of the fee prescribed in the Second Schedule, the Commissioner on being satisfied that the applicant- (a) is competent to drive a motor vehicle of the class specified in the application; (b) is resident in Hong Kong; and (c) has attained the age of 18 years or, in the case of an application for an international driving permit in respect of the driving of a goods vehicle or a bus, has attained the age of 21 years, may issue for use outside Hong Kong an international driving permit in Form 1 in the Ninth Schedule. (L.N. 49 of 2007) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 37 Visiting drivers from abroad VerDate:30/06/1997 (1) Subject to paragraph (2), a visitor who holds- (a) a valid international driving permit; or (b) a valid domestic driving permit or domestic driving licence, issued in a place outside Hong Kong may drive in Hong Kong, during the period of 12 months following the date of his last entry into Hong Kong, a motor vehicle of any class which he is authorized by that permit or licence to drive notwithstanding that he is not a holder of a driving licence issued under these regulations, but so long as he has attained the age specified in regulation 7 for the issue of such driving licence in respect of the class of motor vehicle. (2) Paragraph (1) shall not authorize a person to drive a motor vehicle of any class if he is disqualified from holding or obtaining a driving licence to drive a motor vehicle of that class. ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 38 Application of other provisions to visiting drivers VerDate:30/06/1997 Where, pursuant to section 71 of the Ordinance, a court has forwarded to the Commissioner an international driving permit, domestic driving permit or domestic driving licence of a person who has been disqualified, the Commissioner shall- (a) record particulars of the disqualification on the permit or licence; (b) send the holder's name and address together with the particulars of disqualification to the authority by whom the permit or licence was issued; and (c) withhold the permit or licence until the holder leaves Hong Kong or until the period of disqualification expires, whichever is the earlier. ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 39 Record of driving licences and permits VerDate:30/06/1997 PART VI MISCELLANEOUS The Commissioner shall establish and maintain a record of the particulars specified in the Seventh Schedule in respect of all driving licences and permits issued by him and of all disqualifications from time to time imposed on the holders of driving licences in respect of which he is given notice under the Ordinance. ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 40 Fee for record of convictions and certificate of no recorded conviction VerDate:30/06/1997 The fees for the issue of a record of convictions and a certificate of no recorded conviction under section 75(5) of the Ordinance shall be as prescribed in the Second Schedule. (L.N. 399 of 1987) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 41 Withholding of licences and permits VerDate:30/06/1997 (1) If the Commissioner has reasonable cause to believe that a driving licence, driving instructor's licence or permit is in the possession of a person other than the person to whom it was issued he may, by notice in writing served personally or by registered post on the person in whose possession such a licence or permit is alleged to be, require him forthwith to deliver the licence or permit to the Commissioner and such person shall forthwith deliver the licence or permit to the Commissioner. (2) The Commissioner shall retain the licence or permit delivered to him in accordance with paragraph (1) until it is claimed from him by the person to whom it was issued. ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 42 Issue of duplicate licences and permits VerDate:30/06/1997 (1) If a licence holder or a holder of a permit issued in Hong Kong satisfies the Commissioner that the licence or permit has been lost, destroyed or defaced, the Commissioner, on payment of the fee prescribed in the Second Schedule, may issue to him a duplicate licence or permit so marked, and the duplicate licence or permit shall have the same effect as the original licence or permit. (2) No person shall apply for a duplicate of a licence or permit issued under these regulations on the grounds that the original licence or permit is lost or destroyed knowing that such original licence or permit has not been lost or destroyed. (3) The original licence or permit issued under these regulations that has been defaced shall be surrendered to the Commissioner for cancellation together with the application for a duplicate thereof. (4) On the issue of a duplicate licence or permit under paragraph (1), the original licence or permit shall cease to be valid. (5) If at any time after the issue of a duplicate licence or permit under paragraph (1) and during the currency of such duplicate licence or permit the original licence or permit is found, the person to whom such original licence or permit was issued shall report the finding thereof to the Commissioner and shall take all reasonable steps to obtain possession of it and return it as soon as possible to the Commissioner for cancellation. (6) Where due to circumstances beyond his control the Commissioner is unable for the time being to issue a duplicate licence or permit, the receipt issued by him for the payment of the fee for a duplicate licence or permit shall be deemed for the purposes of these regulations to be a valid licence or permit in place of the original licence or permit, until a duplicate licence or permit is issued or the expiry of a period of 30 days after the issue of the receipt, whichever is the earlier. ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 43 Form of driving licences and permits and photographs VerDate:30/06/1997 (1) Every driving licence and permit issued under these regulations shall be in a form specified by the Commissioner and shall contain such particulars specified in the Seventh Schedule as he thinks fit. (2) Any photograph required to be submitted by an applicant under these regulations shall be a photograph of a reasonable likeness of the applicant to the satisfaction of the Commissioner and of a size specified by the Commissioner. ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 44 Miscellaneous provisions VerDate:30/06/1997 (1) Every driving licence, driving instructor's licence and permit issued under these regulations shall remain the property of the Government. (2) The Commissioner may require the holder of such licence or permit to return the licence or permit to him at any time. (3) No such licence or permit shall be altered except by order of a court or by the Commissioner. ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 44A Power of Commissioner to require production of licence VerDate:19/05/2007 Notwithstanding anything in these regulations, the Commissioner— (a) may, in processing an application under a provision specified in column 1 of Schedule 14, require the applicant to produce for inspection by the Commissioner the licence specified in column 2 of that Schedule opposite to that provision which is held by the applicant; and (b) may suspend the processing of the application until the production of the licence. (L.N. 49 of 2007) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 44B Power of Commissioner to require proof of address VerDate:19/05/2007 Notwithstanding anything in these regulations, the Commissioner— (a) may, in processing an application for the issue or renewal of a driving licence or a driving instructor’s licence or the issue of a permit, require the applicant to produce proof of his address; and (b) may suspend the processing of the application until the production of such proof. (L.N. 49 of 2007) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS,ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 45 Right of review VerDate:04/07/2008 A person aggrieved by— (a) the refusal of the Commissioner to issue, reissue or renew a driving licence or driving instructor’s licence; or (b) the cancellation by the Commissioner of a driving licence or driving instructor’s licence, may within 14 days of being notified of the refusal or cancellation apply in writing to the Commissioner for a review by a Transport Tribunal of the refusal or cancellation. (23 of 2008 s. 46) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS,ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 45A Practice and procedure on review VerDate:04/07/2008 (1) On receiving an application for a review made under regulation 45, the Commissioner shall— (a) fix a date, time and place for the review; (b) give the applicant not less than 14 days’ notice in writing informing the applicant— (i) the date, time and place for the review; and (ii) that if he or his authorized representative does not appear at the hearing and makes no written representations, the application shall be treated as withdrawn. (2) A Transport Tribunal may postpone a review if it thinks fit. (3) Where a review is postponed, the Commissioner shall, by a notice in writing, inform the applicant— (a) the date to which the review has been postponed; and (b) that if he or his authorized representative does not appear at the hearing and makes no written representations, the application for a review shall be treated as withdrawn. (4) If— (a) an applicant or his authorized representative does not appear before the Transport Tribunal on the date of the review notified to him in a notice under paragraph (1) or (3); and (b) the applicant or his authorized representative makes no written representations, the application for a review is deemed to have been withdrawn. (5) Where an application for a review is deemed to have been withdrawn under paragraph (4), the Commissioner shall, by a notice in writing, inform the applicant that the application is deemed to have been withdrawn. (23 of 2008 s. 47) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS,ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 45B Determination of review VerDate:04/07/2008 (1) On a review a Transport Tribunal shall consider— (a) any evidence received by it, whether tendered on behalf of the applicant or otherwise, which it considers relevant to the review; (b) any representations made by or on behalf of the applicant, whether orally or in writing; (c) any representations made by or on behalf of the Commissioner, whether orally or in writing. (2) The Transport Tribunal may confirm or reverse the refusal or cancellation of the Commissioner referred to in regulation 45(a) or (b). (3) The Commissioner shall notify the applicant by notice in writing of the Transport Tribunal’s decision under paragraph (2). (4) The decision of the Transport Tribunal under paragraph (2) shall be final. (23 of 2008 s. 47) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS,ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 45C Service of notices VerDate:04/07/2008 A notice required to be served on or given to an applicant under regulation 45A(1)(b), (3) or (5) or 45B(3) shall be served on or given to the applicant either personally or by registered post. (23 of 2008 s. 47) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 46 Offences VerDate:19/05/2007 (1) Any person who without reasonable excuse contravenes any of the provisions of, or any requirement under, regulation 9(2A) and (7), 13(9), 18(1) or (1A), 20(3), 28(2), 41(1), 42(2) or (5) or 44(2) commits an offence and is liable to a fine of $2000. (L.N. 279 of 1988; L.N. 183 of 1997; L.N. 49 of 2007) (2) Any person who contravenes any of the provisions of, or any requirement under, regulation 9(5), 12K(1) or (2), 17(4), 19, 27, 30 or 44(3) commits an offence and is liable in the case of a first conviction to a fine of $2000 and to imprisonment for 3 months and in the case of a second or subsequent conviction to a fine of $5000 and to imprisonment for 6 months. (49 of 2000 s. 7) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 47 Revocation VerDate:30/06/1997 The Road Traffic (Driving Licences) Regulations (Cap 220 sub. leg. 1982 Ed.) are revoked. ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - REGULATION 48 Transitional provisions VerDate:30/06/1997 (1) The Tenth Schedule shall have effect for the purposes of transition to the provisions of these regulations from the provisions of the Road Traffic (Driving Licences) Regulations (Cap 220 sub. leg. 1982 Ed.) revoked by regulation 47 of these regulations and shall be in addition to and shall not derogate from section 23 of the Interpretation and General Clauses Ordinance (Cap 1). (2) (Repealed 89 of 1994 s. 30) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - SCHEDULE 1 EXCEPTED DISEASES AND PHYSICAL DISABILITIES VerDate:30/06/1997 [regulations 9 & 20] 1. Epilepsy. 2. Liability to sudden attacks of disabling giddiness or fainting due to hypertension or any other cause. 3. Mental disorder for which the applicant for the licence, or, as the case may be, the holder of the licence is liable to be detained under the Mental Health Ordinance (Cap 136) or is receiving treatment as an in-patient in a mental hospital within the meaning of that Ordinance. 4. Any condition causing muscular incoordination. 5. Uncontrolled diabetes mellitus. 6. Inability to read at a distance of 23 metres in good daylight (with the aid of spectacles or other corrective lenses, if worn) a registration mark. 7. Any other disease or disability which is likely to render him incapable of effectively driving and controlling a motor vehicle or suitably adapted motor vehicle to which such licence refers without endangering public safety, provided that deafness shall not of itself be deemed to be any such disability. ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - SCHEDULE 2 FEES VerDate:16/12/2005 [regulations 11(6), 12(3), 12A(3), 12B(2), 12G(1), 12H(1), 13(5), 15(1), 22(1), 22A(2), 23(1), 23A(2), 24(3), 31(2), 36(2), 40 & 42(1)] (L.N. 161 of 2000; 49 of 2000 s. 8) FEES $ 1. Fees for issue or renewal of- (a) Full driving licence for applicants at or less than the age of 60 520 (aa) Full driving licence for applicants over the age of 60 (for every year (or any part thereof) of the validity period) 52 (b) Driving instructor's licence 760 1A. Fee for issue of probationary driving licence (49 of 2000 s. 8) 52 2. Fees for- (a) Learner's driving licence 510 (b) Temporary driving licence 250 (c) Driving test 510 (d) Motor cycle driving test 510 (e) Driving instructor's test 510 (f) Duplicate licence 110 (g) International driving permit 80 (h) Duplicate international driving permit 80 (i) Record of convictions (L.N. 170 of 2005) 50 (j) Certificate of no recorded convictions (L.N. 170 of 2005) 50 (k) Renewal of probationary driving licence (49 of 2000 s. 8) 26 (40 of 1991 s. 5; L.N. 197 of 1995; L.N. 183 of 1997) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - SCHEDULE 3 PLATE TO BE DISPLAYED BY LEARNER DRIVERS VerDate:30/06/1997 [regulation 30(3)] The vehicle shall have securely fixed, at the front and rear, a white plate 250 millimetres by 250 millimetres on which shall appear in red the letter "L" with arms 200 millimetres long and 25 millimetres in width and within the arms and occupying an area 125 millimetres by 125 millimetres shall also appear in red the Chinese character “學”。 ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - SCHEDULE 4 LIST OF COUNTRIES OR PLACES FOR PURPOSES OF REGULATION 11(3) VerDate:10/03/2008 [regulations 11 & 13] Australia Malaysia Austria Netherlands Banglades, People's Republic of New Zealand Belgium Nigeria, Federal Republic of Canada Norway China, Peoples Republic of Pakistan Denmark Portugal Finland Singapore France Spain Germany, Federal Republic of Sweden Iceland, Republic of Switzerland India Republic of South Africa together with S.W. Ireland, Republic of Africa Israel United Kingdom Italy together with Alderney (with Channel Islands), Japan Bermuda, Guernsey, Isle of Man, Jersey Korea, Republic of United States of America Luxembourg (L.N. 89 of 1986; L.N. 46 of 1987; L.N. 450 of 1991; 3 of 2002 s. 15; L.N. 3 of 2008) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - SCHEDULE 5 CONDITIONS OF ISSUE OF A DRIVING INSTRUCTOR'S LICENCE VerDate:01/07/2001 [regulation 22] (L.N. 97 of 2001) 1. A driving instructor's licence is valid only while the holder is in possession of a valid full driving licence to drive all those classes of motor vehicles in the group for which he is entitled by the driving instructor's licence to give driving instruction. (L.N. 161 of 2000) 2. A driving instructor shall comply with all the regulations and conditions relating to the learner's driving licence of the person he is instructing. 3. A driving instructor shall carry the driving instructor's licence issued to him at all times when driving instruction is being given and shall when called upon to do so, produce this licence for inspection by the Commissioner or any police officer in uniform. 4. No variation shall be made to any part of a driving instructor's licence except by the Commissioner. ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - SCHEDULE 6 VerDate:30/06/1997 [regulations 24 & 25] PART I DRIVING INSTRUCTOR'S TEST A person shall pass a driving instructor's test if he satisfies the authorized examiner conducting the test that- (a) he is fully conversant with- (i) until a Road Users' Code under section 109 of the Ordinance is promulgated, the Ordinance and the regulations made under the Ordinance; or (ii) after that Code is promulgated, the contents of that Code; (L.N. 259 of 1984) (b) generally, he is competent to drive, without danger to and with due consideration for other users of the road, a vehicle of the same class or type as that on which he is tested; (c) he is able to give correct and adequate driving instruction; (d) he is fully conversant with the regulations relating to the conduct of driving instruction and driving under instruction; and (e) he is fully conversant with the contents of the Fifth Schedule (conditions of issue of a driving instructor's licence). PART II TEST OF CONTINUED ABILITY AND FITNESS TO GIVE DRIVING INSTRUCTION The following provisions shall apply to such test- 1. The test shall consist of the attendance of an authorized examiner while the driving instructor is giving driving instruction to a driver, and when required to do so by the authorized examiner for the purpose of the test the driving instructor shall give such instruction in a motor vehicle on a road. 2. The driving instructor shall be assessed on his instructional ability, and, in particular, in respect of the following qualities- (a) his method, clarity, adequacy and correctness of instruction; (b) his observation and proper correction of the driver's errors; (c) his manner, patience and tact in dealing with the driver; and (d) his ability to inspire confidence. ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - SCHEDULE 7 PARTICULARS OF RECORD VerDate:30/06/1997 [regulations 39 & 43(1)] Driving Licences and Permits Holder's surname: First name (in full): Chinese commercial code Nos.: Identity document No.: Licence No.: Date of issue: Date of expiry: Type of licence/permit: Class of vehicle: Restrictions: Additional information to be entered in the record: Address: Hong Kong Identity Card No. or Passport No.: Date of Birth: Date of first issue: Renewals: Conditions of issue: Disqualifications: Additional particulars in respect of Permits: Photograph: (L.N. 259 of 1984; L.N. 192 of 1989) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - SCHEDULE 8 REQUIREMENTS FOR A DRIVING TEST VerDate:30/06/1997 [regulation 33] The requirements as to which a candidate for a driving test shall satisfy an authorized examiner shall be that he is able to- 1. read at a distance of 23 metres in good daylight (with the aid of spectacles or other corrective lenses, if worn) a motor vehicle registration mark; 2. start the engine of the vehicle; 3. move away straight ahead or at an angle; 4. overtake, meet or cross the path of other vehicles and take an appropriate course; 5. turn right and left-hand corners correctly; 6. stop the vehicle on a slope and restart; 7. stop the vehicle in an emergency and normally, and in the latter case to bring it to rest at an appropriate part of the road; 8. drive the vehicle backwards and whilst so doing enter a limited opening either to the right or to the left; 9. cause the vehicle to face in the opposite direction by the use of forward and reverse gears; 10. give signals in a clear and unmistakable manner at appropriate times to indicate his intended action; 11. in the case of a candidate for a driving test to enable him to drive a taxi- (a) demonstrate that he is conversant with the regulations relating to the use of taxis; and (b) identify prominent places and the most appropriate routes between specified locations; (L.N. 95 of 1993) 12. in the case of a candidate for a driving test to enable him to drive a public light bus, private light bus, public bus, private bus, light goods vehicle, medium goods vehicle, heavy goods vehicle, articulated vehicle, or special purpose vehicle, fulfil such other requirements as the Commissioner may specify; (L.N. 259 of 1984; L.N. 195 of 1990) 13. in the case of a candidate for a driving test to enable him to drive an articulated vehicle, demonstrate his knowledge of uncoupling and recoupling a semi-trailer including- (a) in the case of uncoupling, secure the trailer brake in the "on" position, lower the front trailer legs (or wheels) and lock them in position, release the braking and electrical connections, release the coupling and drive the tractive unit away; and (b) in the case of recoupling, reverse the tractive unit into the coupling position, ensure that the unit is securely coupled by attempting to move forward with the parking brake applied, connect braking and electrical connections, secure front trailer legs (or wheels) in the "up" position and release the trailer parking brake; 14. demonstrate that he is fully conversant with- (a) until a Road Users' Code under section 109 of the Ordinance is promulgated, the Ordinance and the regulations made under the Ordinance; or (b) after that Code is promulgated, the contents of that Code; (L.N. 259 of 1984) 15. generally, demonstrate that he is competent to drive, without danger to and with due consideration for other users of the road, a vehicle of the same class or type as that on which he is tested; 16. comply with such other requirements as the Commissioner may notify in writing generally or at the time that an application is made for a driving test. ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - SCHEDULE 9 VerDate:19/05/2007 [regulations 2 & 36(2)] FORM 1 INTERNATIONAL DRIVING PERMIT UNDER 1949 CONVENTION Page 1 THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE'S REPUBLIC OF CHINA* International Motor Traffic INTERNATIONAL DRIVING PERMIT Convention on International Road Traffic of 1949 Issued at ........................................................................... ............................. Date ........................................................................... ................................... Seal or Stamp of authority Signature or seal of issuing authority Page 2 This permit is valid in the territory of all the Contracting States, with the exception of the territory of the Contracting State where issued, for the period of one year from the date of issue, for the driving of vehicles included in the category or categories mentioned on the last page of this permit. List of Contracting States (optional) It is understood that this permit shall in no way affect the obligation of the holder to conform strictly to the laws and regulations relating to residence or to the exercise of a profession which are in force in each country or place through which he travels. * In a permit issued by some other country or place the name of that country or place will appear instead and pages 1 and 2 will be drawn up in the language of that country or place. PART I Last page Particulars concerning the Driver: Surname Other names* Place of birth** Date of birth*** Permanent place of residence 1 2 3 4 5 Vehicles for which the permit is valid: Motor cycles, with or without side-car, invalid carriages and three wheeled motor vehicles with an unladen weight not exceeding 400 kg. A Motor vehicles used for the transport of passengers and comprising, in addition to the driver's seat, at most eight seats, or those used for the transport of goods and having a permissible maximum weight not exceeding 3500 kg.Vehicles in this category may be coupled with a light trailer. B Motor vehicles used for the transport of goods and of which the permissible maximum weight exceeds 3500 kg. Vehicles in this category may be coupled with a light trailer. C Motor vehicles used for the transport of passengers and comprising, in addition to the driver's seat, more than eight seats. Vehicles in this category may be coupled with a light trailer. D Motor vehicles of categories, B, C or D as authorized above, with other than a light trailer. E "Permissible maximum weight" (許可最高重量) of a vehicle means the weight of the vehicle and its maximum load when the vehicle is ready for the road. "Maximum load" (最高載重) means the weight of the load declared permissible by the competent authority of the country or place of registration of the vehicle. "Light trailers" (輕型拖車) shall be those of a permissible maximum weight not exceeding 750kg. EXCLUSION Holder of this permit is deprived of the right to drive in (country or place) .................. ........................................................................... ................................................... ........................................................................... ................................................... ........................................................................... ................................................... by reason ........................................................................... .................................... ........................................................................... ................................... Seal or stamp of authority Place ........................................................................... ...................... Date ........................................................................... ........................ Signature ........................................................................... .................. Should the above space be already filled, use any other space provided for Exclusions: (countries or places I-VIII). The entire last page (Parts I and II) shall be drawn up in French. Additional pages shall repeat in other languages the text of Part I of the last page. They shall be drawn up in English, Russian, Chinese and Spanish, and other languages may be added. PART II 1. ........................................................................... ........................................................ 2. ........................................................................... ........................................................ 3. ........................................................................... ........................................................ 4. ........................................................................... ........................................................ 5. ........................................................................... ........................................................ A Seal or stamp of authority B Seal or stamp of authority Photograph C Seal or stamp of authority Seal or stamp of authority D Seal or stamp of authority E Seal or stamp of authority ........................................ Signature of holder**** EXCLUSIONS (countries or places) I ..................................................... V .................................................. II ..................................................... VI .................................................. III ..................................................... VII .................................................. IV ..................................................... VIII .................................................. * Father's or husband's name may be inserted. ** If known. *** Or approximate age on date of issue. **** Or thumb impression. (3 of 2002 s. 15) FORM 2 (Repealed L.N. 49 of 2007) "Permissible maximum weight" (許可最高重量) "Maximum load" (最高載重) "Light trailers" (輕型拖車) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - SCHEDULE 10 TRANSITIONAL PROVISIONS VerDate:30/06/1997 [regulation 48] 1. Subject to paragraph 2, a driving licence ( other than a provisional licence or temporary driving licence), provisional licence, temporary driving licence and a driving licence to drive Government vehicles, or a duplicate of any such licence, issued under the Road Traffic (Driving Licences) Regulations (Cap 220 sub. leg. 1982 Ed) revoked by regulation 47 of these regulations (hereinafter referred to as the "revoked regulations") shall, if the licence is valid at the commencement of these regulations, be deemed to be a full driving licence, learner's driving licence, temporary driving licence and a driving licence to drive Government vehicles respectively under these regulations, subject to any restriction with respect to the driving of any class of motor vehicle and to any requirement or condition specified on such licence. 2. Any licence referred to in paragraph 1 issued under the revoked regulations that is restricted to the driving of- (a) Hong Kong and Kowloon taxis or New Territories taxis shall, for the purposes of these regulations, be deemed to be a licence restricted to the driving of taxis; (b) omnibuses shall, for the purposes of these regulations, be deemed to be a licence restricted to the driving of buses; (c) all goods vehicles shall, for the purposes of these regulations- (i) be deemed to be a licence restricted to the driving of light goods vehicles, medium goods vehicles and heavy goods vehicles; (L.N. 259 of 1984) (ii) entitle the holder thereof to drive articulated vehicles during the period of 4 years immediately after the commencement of these regulations, but where the all goods vehicles driving licence expires within such period of 4 years and if the holder thereof is issued with a medium or heavy goods vehicles driving licence under these regulations the medium or heavy goods vehicles driving licence shall entitle the holder thereof to drive articulated vehicles during the remainder of such period of 4 years; and (L.N. 259 of 1984; L.N. 270 of 1987) (d) goods vehicles under 45 cwt. weight unladen shall, for the purposes of these regulations, be deemed to be a licence restricted to the driving of light goods vehicles. 3. A driving test form issued under the revoked regulations shall, if the driving test form is valid at the commencement of these regulations, be deemed to be a driving test form issued under these regulations. 4. A person who has passed a driving test, instructor's test or any other test under the revoked regulations shall be deemed to have passed a driving test, driving instructor's test or other corresponding test under these regulations. 5. An instructor's licence, or a duplicate thereof, issued under the revoked regulations shall, if the licence is valid at the commencement of these regulations, be deemed to be a driving instructor's licence under these regulations in respect of the class of vehicle and subject to any condition specified in the licence. 6. An international driving permit issued under the Road Traffic (International Circulation) Regulations (Cap 220 sub. leg. 1969 Ed.) revoked by the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap 374 sub. leg. E) shall, if the permit is valid at the commencement of these regulations, be deemed to be an international driving permit under these regulations, subject to any restriction with respect to the driving of any class of motor vehicle and to any condition specified on such permit. 7. A record of driving licences and disqualifications maintained by the Commissioner under the revoked regulations at the commencement of these regulations shall be deemed to be a record of driving licences and disqualifications maintained by the Commissioner under these regulations. 8. Without prejudice to any other provision of this Schedule, in so far as any application, determination or decision made or having effect as if made, direction or notice issued, given or delivered or having effect as if issued, given or delivered, condition imposed or having effect as if imposed, fee paid, exemption made, or other thing done or having effect as if done, under the revoked Road Traffic (Driving Licences) Regulations (Cap 220 sub. leg. 1982 Ed.) or Road Traffic (International Circulation) Regulations (Cap 220 sub. leg. 1969 Ed.) could have been made, issued, given, delivered, imposed, paid or done under a corresponding provision of these regulations it shall not be invalidated by the revocation of such regulations, but shall have effect as if made, issued, given, delivered, imposed, paid or done under that corresponding provision. 9. Where any enactment or document refers, whether specifically or by means of a general description, to the revoked regulations referred to in paragraph 8 or is to be construed as so referring, the reference shall, except where the context otherwise requires, be construed as, or including, a reference to the corresponding provision of these regulations. 10. Without prejudice to paragraph 7, any record kept under the revoked regulations referred to in paragraph 8 shall be deemed to form part of the record kept under the corresponding provisions of these regulations. ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - SCHEDULE 11 REQUIREMENTS FOR A MOTOR CYCLE DRIVING TEST VerDate:30/06/1997 [regulations 12C & 12D] 1. Part A of a motor cycle driving test shall comprise a written test requiring a candidate for the test to satisfy an authorized examiner that he is fully conversant with the Road Users' Code promulgated, and from time to time revised, under section 109 of the Ordinance. 2. Part B of a motor cycle driving test shall comprise a basic driving skill test conducted in a designated driving school requiring a candidate for the test to satisfy an authorized examiner that the he is able to- (a) read at a distance of 23 m in good daylight (with the aid of spectacles or other corrective lenses, if worn) a motor vehicle registration mark; (b) start the engine of the motor cycle or motor tricycle; (c) move away straight ahead or at an angle; (d) turn right an left-hand corners correctly; (e) stop the motor cycle or motor tricycle in an emergency and normally, and in the latter case to bring it to rest at an appropriate part of the road; and (f) give signals in a clear and unmistakable manner at appropriate times to indicate his intended action. 3. Part C of a motor cycle driving test shall comprise a road test requiring a candidate for the test to satisfy an authorized examiner that he is able to- (a) start the engine of the motor cycle or motor tricycle; (b) move away straight ahead or at an angle; (c) overtake, meet or cross the path of other vehicles and take an appropriate course; (d) turn right and left-hand corners correctly; (e) stop the motor cycle or motor tricycle on a slope and restart; (f) stop the motor cycle or motor tricycle in an emergency and normally, and in the latter case to bring it to rest at an appropriate part of the road; (g ride in a figure of "8" on a slope while at the same time keep the motor cycle or motor tricycle under control and without losing balance; (h) lift the motor cycle or motor tricycle on stand without losing balance; (i) give signals in a clear and unmistakable manner at appropriate times to indicate his intended action; and (j) generally demonstrate that he is competent to ride a motor cycle or motor tricycle without danger to and with due consideration for other users of the road. (L.N. 273 of 1989) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - SCHEDULE 12 OFFENCES VerDate:01/10/2000 [regulations 12F, 12I & 12L] 1. Any offence in respect of which less than 10 points shall be incurred under section 4 of the Road Traffic (Driving-offence Points) Ordinance (Cap 375). 2. Contravention of section 40(5) of the Ordinance. 3. Contravention of regulation 12K(1) or (2). 4. Contravention of regulation 11(2) of the Road Traffic (Expressway) Regulations (Cap 374 sub. leg. Q). (Twelfth Schedule added 49 of 2000 s. 9) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - SCHEDULE 13 PLATE TO BE DISPLAYED ON VEHICLES DRIVEN BY HOLDERS OF PROBATIONARY DRIVING LICENCES VerDate:01/10/2000 [regulation 12K(1)] 1. The vehicle shall have securely fixed, at the front and rear, a white plate 225 millimetres by 150 millimetres on which shall appear in red the letter "P" occupying an area stated above. 2. The plate shall be made of reflex-reflecting material. (Thirteenth Schedule added 49 of 2000 s. 9) ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS - SCHEDULE 14 LICENCES TO BE PRODUCED FOR INSPECTION WHEN REQUIRED VerDate:19/05/2007 [regulation 44A] Regulation Relevant licence 12H Probationary driving licence 15 Full driving licence 16 Driving licence to drive Government vehicles 21 Full driving licence 21A Full driving licence 22A (a) Driving instructor’s licence issued before 1 September 2000; and (b) Full driving licence 23 (a) Driving instructor’s licence; and (b) Full driving licence 23A (a) Driving instructor’s licence; and (b) Full driving licence 36 Full driving licence (Schedule 14 added L.N. 49 of 2007)