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Traditional ChineseSimplified ChineseText onlyPDARSS
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December 18, 2007
Road safety
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Driving offenders may face tougher penalties
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The Transport & Housing Bureau has proposed measures to enhance road safety, including raising the jail term for dangerous driving causing death, additional penalties for drink driving, and the introduction of a probationary driving-licence scheme for novice private-car and light-goods-vehicle drivers.

 

The bureau is finalising the legislative proposals and plans to submit the amendment bill to the Legislative Council in the first quarter of 2008.

 

In a paper submitted to the Legislative Council Transport Panel today, the bureau proposes the maximum jail term for a person convicted of the offence of causing death by dangerous driving be raised, from five years to 10. The convict would also be liable to a $50,000 fine.

 

Drink driving

As drink driving is a serious offence, the bureau suggests a convicted person be disqualified from driving for not less than three months on a first conviction and be required to attend driving-improvement courses.

 

It also proposes to empower the Police to require a person who is driving or attempting to drive a motor vehicle on a road to provide a breath specimen for a screening breath test without the need for any reasonable suspicion. The bureau expects this will be a strong deterrent against drink driving.

 

A mandatory driving-improvement-course scheme is also suggested for those who are repeat traffic offenders who have accumulated 10 or more driving-offence points within two years; or those who have been convicted of dangerous driving, drink driving, driving 45kph or more over the speed limit, motor racing and speed trials.

 

Mandatory course

To tie in with the scheme, the bureau proposes to amend the Road Traffic Ordinance and the Road Traffic (Driving-offence Points) Ordinance to deter non-compliance with the mandatory requirement to complete the driving-improvement courses.

 

The proposed penalties are:

* raising the maximum fine from $3,000 to $5,000 for first conviction of non-compliance;

* ordering a person convicted of non-compliance to complete the course again. Failure to comply with this second order would render the convict liable to a $10,000 fine, two months' jail and disqualification from driving for not less than three months;

* if the person has been disqualified from driving and has been ordered to complete the course when convicted of a serious offence, the disqualification period would either be that ordered by the court or until he has completed the courses, whichever is later; and

* the Commissioner for Transport may refuse to issue, re-issue or renew all of his driving licences until he has completed the course as required.

 

Probationary licence

In view of the effectiveness of the probationary driving licence scheme, the bureau proposes to extend it to novice private-car and light-goods-vehicle drivers to enhance road safety.

 

The main proposals are:

* when an applicant has passed the driving test for a private car or light-goods vehicle, he can apply only for a probationary driving licence. Upon satisfactory completion of the 12-month probationary period, the probationary driving licence holder may apply for a full driving licence;

* during the probationary period, drivers must display "P" plates at both the front and rear of the windscreen or body of the vehicle. They are prohibited from driving at a speed of above 70km/h and from driving on the offside lane of expressways where there are three or more lanes;

* when the probationary driver is convicted of a minor road traffic offence, his probationary period will be extended by six months;

* the probationary driving licence of a probationary driver will be cancelled when he is convicted of a serious road traffic offence or in breach of two or more minor road traffic offences during the probationary period;

* if the probationary driving licence is cancelled, the probationary driver must retake the road test. On passing the test, a fresh 12-month probationary period will commence; and

* exemptions will be granted to applicants for a light-goods-vehicle driving licence who are holders of a valid full private-car driving licence for three years or more who have passed the light-goods-vehicle driving test, or holders of a valid full driving licence of medium goods vehicles or heavy goods vehicles. 



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