Q1. Are MTR train drivers subject to general traffic laws such as the Road Traffic Ordinance?
Road Traffic Ordinance (Cap. 374) or Road Traffic (Public Service Vehicles) Regulations (Cap. 374D)
The MTR train drivers may not be subject to the regulations or requirement under the Road Traffic Ordinance (Cap. 374) or the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
The Long Title of the Road Traffic Ordinance (Cap. 374) is “To provide for the regulation of road traffic and the use of vehicles and roads (including private roads) and for other purposes connected therewith.”
Under Section 2 of the Road Traffic Ordinance (Cap. 374) :
- “Road” includes every highway, thoroughfare, street, lane, alley, court, square, car park, passage, path, way and place to which the public have access either continuously or intermittently, whether or not the same is the property of the Government, and includes the carriageway of the North-west Railway, but does not include any private road, or any part of the carriageway of the North-west Railway designated by the Commissioner for Transport for the purposes of this definition by notice in the Gazette;
- “Vehicle” means any vehicle whether or not mechanically propelled which is constructed or adapted for use on roads but does not include a vehicle of the North-west Railway or a tram;
- “Driver”, in relation to any vehicle (other than a rickshaw), vehicle of the North-west Railway, or tram, means any person who is in charge of or assisting in the control of it and, in relation to a rickshaw, means any person pulling a rickshaw.
The railway of MTR may not be a “road” where the public have access to, and therefore a MTR train is not a “vehicle” and a MTR driver is not a “driver” for the purpose of the Road Traffic Ordinance (Cap. 374).
There are only specific regulations under the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D) in relation to the general conduct of public bus drivers, public light bus drivers and taxi drivers, but not MTR train drivers. Thus, the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D) may not be applicable to MTR train drivers.
However, under Section 29(1) of the Mass Transit Railway Ordinance (Cap. 556), if, in connection with his duty, an employee of the MTR Corporation Limited negligently does or omits to do anything in relation to the condition or operation of a part of the railway or railway premises after that part has come into operation; and by that act or omission, the safety of a person on the railway or on railway premises is endangered, or is likely to be endangered, the employee commits an offence and is liable to a fine at HK$5,000; or, if the act or omission results in serious injury to or the death of a person being on the railway or railway premises, to a fine at HK$5,000 and to imprisonment for 6 months: see By-law 29(1) of the Mass Transit Railway By-laws (Cap. 556B). Negligence is the failure to exercise the care or skill that a reasonable employee in the situation would exercise: see Section 29(2) of the Mass Transit Railway Ordinance (Cap. 556).
If a person wilfully does or omits to do anything in relation to the railway or railway premises; and by that act or omission, the safety of any person being on the railway or on railway premises is endangered, or is likely to be endangered, the first-mentioned person commits an offence and is liable to a fine at HK$100,000 and to imprisonment for 3 years: see Section 30 of the Mass Transit Railway Ordinance (Cap. 556).
Thus, MTR train drivers may not be subject to general traffic laws such as the Road Traffic Ordinance (Cap. 374), but are subject to the Mass Transit Railway Ordinance (Cap. 556).