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(Cap 374 section 12A) [2 February 1987] (L.N. 161 of 1986) Cap 374N reg 1 Citation These regulations may be cited as the Road Traffic (Village Vehicles) Regulations. (Enacted 1986) Cap 374N reg 2 Interpretation In these regulations, unless the context otherwise requires- "permit" (许可证) means a permit issued under regulation 4 in respect of a village vehicle; "vehicle examiner" (验车主任) means a person appointed as a vehicle examiner under regulation 19. (Enacted 1986) Cap 374N reg 3 Application (1) Except as provided in subregulation (2) these regulations shall not apply to Government village vehicles. (2) Regulations 16 and 18 (except regulation 18 (1) and (2)) shall apply to and in relation to Government village vehicles and for the purpose of proceedings for an offence in connection with any such vehicle against any person other than the driver of the vehicle the person nominated in that behalf by the Government department in whose service the vehicle is used shall be deemed to be the person actually responsible unless it is shown to the satisfaction of the court or magistrate that only the driver was responsible. (Enacted 1986) Cap 374N reg 4 Application for and issue of permit (1) Subject to this regulation and to regulation 8 the Commissioner may issue a permit to the owner of a village vehicle authorizing the driving or use of the vehicle on roads. (2) An application for a permit shall be made by the owner of the vehicle to the Commissioner in the specified form. (3) An application for a permit shall include a certification by the owner of the vehicle that- (a) the overall length of the vehicle does not exceed 3.2 m; (b) the overall width of the vehicle does not exceed 1.2 m; (c) the vehicle is equipped with- (i) an adequate braking system capable of being applied when the vehicle is in motion for the purpose of stopping it, and of holding the vehicle immobile; (ii) a warning instrument capable of audibly signalling the approach and presence of the vehicle; and (iii) a silencer, expansion chamber or other device suitable and sufficient for reducing, as far as may be reasonable, the noise caused by the escape of exhaust gases from the engine; (L.N. 24 of 1989)(d) the vehicle is so constructed as to render it safe to carry any load that it may reasonably be required to carry; and (L.N. 24 of 1989) (e) in the case of a golf cart, it is so constructed as to render it safe to carry any passengers that it may reasonably be required to carry. (L.N. 24 of 1989)(4) An application for a permit shall be accompanied by a policy of insurance in respect of the vehicle in the name of the owner which is valid on the day on which the permit is to become operative. (5) For the purposes of subregulation (4) "policy of insurance" (保险单) means a policy of insurance, or a security, in respect of third party risks as required by the Motor Vehicles Insurance (Third Party Risks) Ordinance (Cap 272). (6) Without prejudice to the generality of the Commissioner's discretion under the Ordinance or these regulations, the Commissioner shall refuse to issue a permit in respect of a village vehicle if- (a) subregulations (2), (3) and (4) are not complied with in respect of the application; (b) the vehicle is found on examination not to be equipped or constructed in the manner specified by regulation 16(1).(7) Where the Commissioner refuses to issue a permit he shall give the owner of the vehicle notice in writing, either personally or by registered post, of his refusal and inform him of the reasons therefor. (Enacted 1986) Cap 374N reg 5 Form and particulars of permit A permit shall be in a form specified by the Commissioner and shall contain the particulars prescribed in Schedule 1. (Enacted 1986) Cap 374N reg 6 Duplicate permit The Commissioner may, where a permit is lost, defaced or destroyed, issue a duplicate permit in place thereof, and the duplicate permit so issued shall have the same effect as the original permit. (Enacted 1986) Cap 374N reg 7 Fees for permit The fees prescribed in Schedule 2 shall be payable upon the issue of a permit and a duplicate permit. (Enacted 1986) Cap 374N reg 8 Limit on number of permits (1) The Commissioner may limit the number of permits which will at any time be issued by him either generally or by reference to one or both of the following- (a) the type of village vehicle; or (b) any area of Hong Kong.(2) Notice of a limit imposed under subregulation (1) shall be published in the Gazette. (3) A limit imposed under subregulation (1) shall not affect any permit in force when the limit takes effect. (Enacted 1986) Cap 374N reg 9 Permit subject to conditions (1) Every permit issued in respect of a village vehicle shall be subject to a condition that the owner and the driver of the vehicle shall at all times comply with the Ordinance and these regulations. (2) A permit issued in respect of a village vehicle may be issued subject to such other conditions as the Commissioner thinks fit and as are specified by him in the permit including, without limiting the generality of the foregoing, conditions as to- |