Cap. 374 sub. leg. O

Road Traffic (Parking on Private Roads) Regulations(Cap. 374, section 121) [1 July 1989] L.N. 216 of 1989(Format changes—E.R. 4 of 2019) Part I Preliminary 1. Citation These regulations may be cited as the Road Traffic (Parking on Private Roads) Regulations. 2. Interpretation (1) In these regulations, unless the context otherwise requires—approved immobilization device (認可鎖車器具) means an immobilization device approved by the Commissioner, by notice in the Gazette, for the purposes of these regulations;authorized officer (獲授權人員), in relation to a private road, means any person appointed under regulation 5(1) by the owner of that road to be an authorized officer in respect of that road;parking (泊車、停泊) means the standing of a vehicle, whether occupied or not, except when standing temporarily for the purpose of and while actually engaged in loading or unloading or picking up or setting down passengers;restricted parking area (限制泊車區) means a place on a private road designated under regulation 8 by the owner of that road as a place where vehicles, or a class of vehicles—(a) shall not be parked; or(b) shall not be parked during specified times,in accordance with the sign or road marking which so designates that place;time (時間) includes a date;vehicle (車輛) includes any load carried by a vehicle.(2) In these regulations a reference to a figure of a sign or road marking is a reference to the figure of a sign or road marking specified in Schedule 1.(3) The meaning of each sign and road marking erected or placed under these regulations shall be in accordance with the signs and road markings and the notes relating thereto specified in Schedule 1. 3. Application (1) These regulations shall apply to vehicles and persons in the public service of the State 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 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. (3 of 2002 s. 15)(2) These regulations shall not apply to any private road which is a restricted road within the meaning of the Housing Ordinance (Cap. 283). Part II Delegations and Authorized Officers 4. Delegation by owner of private road The owner of a private road may, with or without restrictions or conditions as he thinks fit, delegate in writing any of his powers under these regulations to any person. 5. Appointment of authorized officers (1) The owner of a private road may appoint a person to be an authorized officer in respect of that road.(2) The owner of a private road shall issue to each person he has appointed under subregulation (1) to be an authorized officer in respect of that road an identity card— (L.N. 95 of 1993)(a) as evidence of such appointment; and(b) which contains any particulars required by a notice under regulation 6 to be contained in such card.(3) An authorized officer shall, if so required by any person when—(a) exercising or attempting to exercise any power conferred on him; or(b) discharging or attempting to discharge any duty imposed on him,under these regulations, produce the identity card issued to him under subregulation (2). 6. Particulars to be contained in identity card The Commissioner may, by notice in the Gazette, specify the particulars to be contained in any identity card issued under regulation 5(2). Part III Restricted Parking Areas 7. Designation of private roads for purposes of these regulations The owner of a private road may erect or place, at every point at which a vehicle may lawfully enter that road from a road within the meaning of section 2 of the Ordinance, a sign in accordance with Figure No. 1. 8. Designation of restricted parking areas Where the owner of a private road has erected or placed, at every point at which a vehicle may lawfully enter that road from a road within the meaning of section 2 of the Ordinance, a sign in accordance with Figure No. 1, he may designate any place on that private road as a restricted parking area by—(a) erecting or placing, on, in or near that place, a sign in accordance with Figure No. 2, 3, 4, 5 or 6; or (L.N. 145 of 1992)(b) placing, on that place, a road marking in accordance with Figure No. 8,and may, for the purposes of regulation 10(d), also erect or place, on, in or near that place, a sign in accordance with Figure No. 7. 9. Logo (1) Subject to subregulation (2), the owner of a private road may display on or at any sign erected or placed by him under these regulations a logo.(2) A logo displayed on a sign in pursuance of subregulation (1) shall not be so displayed so as to obscure the warning, information, requirement, restriction, prohibition or direction conveyed by the sign. Part IV Impounding, Removal and Disposal of Vehicles Parked on Restricted Parking Areas 10. Exemptions This Part shall not apply to any vehicle which is parked on a restricted parking area in contravention of any sign or road marking if the vehicle—(a) is prevented from proceeding by breakdown or other circumstances beyond the driver’s control, and all reasonable steps are taken to minimize any obstruction and effect the removal of the vehicle as soon as possible;(b) cannot be conveniently parked elsewhere and is being used in connection with—(i) any building operation, demolition, or excavation; or(ii) the maintenance, improvement or reconstruction of any private road; or(iii) the erection, placement, alteration, removal or repair in or near to any private road of any sign, traffic sign, road marking (including a road marking within the meaning of section 2 of the Ordinance), sewer or any main, pipe or apparatus for the supply of gas, water or electricity, or of any telephone or rediffusion wires, cables, parts or supports;(c) is a fire service vehicle, ambulance, police vehicle, customs and excise vehicle, vehicle used for the conveyance of public mail, or vehicle used by the Chinese People’s Liberation Army, when any such vehicle is being used in the discharge of its duties; or (2 of 2012 s. 3)(d) is so parked with the permission of—(i) the owner of the private road concerned; or(ii) an authorized officer in respect of that road. 11. Impounding and removal of vehicles (1) Subject to subregulation (2), the owner of a private road, or an authorized officer in respect of that road, may impound or remove any vehicle which is parked on a restricted parking area on that road in contravention of any sign or road marking.(2) The power of impounding or removing a vehicle under subregulation (1) shall be exercised only when—(a) the vehicle is unattended and the driver cannot be located; or(b) the driver is unable to remove the vehicle, or refuses or fails to remove the vehicle, on being requested to do so by the owner of the private road concerned or an authorized officer in respect of that road.(3) Where the power of impounding or removing a vehicle under subregulation (1) may be exercised by the owner of a private road or an authorized officer, such owner or authorized officer may fix an approved immobilization device to the vehicle at—(a) the restricted parking area where the vehicle is parked; or(b) any place to which the vehicle is removed from such restricted parking area.(4) Subject to regulation 12, any vehicle impounded or removed under this regulation may be detained by the owner of the private road concerned until there is paid to him such impounding or removal charge and storage charge as is specified in Schedule 2 incurred in respect of that vehicle. 12. Disposal of detained vehicle (1) Where a vehicle detained under regulation 11 is not claimed within 3 days after its detention, the owner of the private road concerned or an authorized officer in respect of that road shall—(a) serve by post on the registered owner of the vehicle a notice informing him—(i) of the detention of the vehicle and the place of detention; and(ii) that unless the vehicle is removed from the place of detention, on payment of any charges payable under regulation 11(4), within 25 days after the service of the notice on him, the vehicle—(A) shall become the property of the Government free from the rights of any person; and (3 of 2002 s. 15)(B) may be disposed of by the Commissioner of Police by sale or otherwise as he thinks fit,and at the same time serve by post on the Commissioner of Police a copy of the notice; and(b) where the vehicle is not removed in accordance with the notice within 7 days after the service of the notice, publish, or cause to be published, not later than 14 days after such service, that notice once each in an English language newspaper and a Chinese language newspaper published daily and circulating generally in Hong Kong.(2) Where a vehicle is not removed in accordance with a notice served and published under subregulation (1)—(a) the owner of the private road concerned or an authorized officer in respect of that road shall—(i) forthwith inform the Commissioner of Police that a vehicle detained under regulation 11 has not been removed in accordance with a notice served and published under this regulation;(ii) provide the Commissioner of Police with particulars of the service and publication of the notice together with such other particulars in respect of the vehicle and the circumstances of its detention as the Commissioner of Police requires; and(iii) deliver the vehicle into the custody of the Commissioner of Police on such day and at such time and place as the Commissioner of Police thinks fit; and(b) the vehicle, upon its delivery into the custody of the Commissioner of Police under paragraph (a)(iii)—(i) shall become the property of the Government free from the rights of any person; and (3 of 2002 s. 15)(ii) may be disposed of by the Commissioner of Police by sale or otherwise as he thinks fit. Part V Miscellaneous 13. Prohibition of unauthorized signs or road markings (1) No person shall erect or place, or cause to be erected or placed, on, in or near a private road, any sign or road marking specified in Schedule 1 or any sign or road marking which is of such similarity to such a specified sign or road marking that any person approaching it might reasonably mistake it for such a specified sign or road marking, except—(a) with the approval in writing of the owner of that road; or(b) under and in accordance with any Ordinance.(2) The owner of a private road may by notice in writing served by registered post on any person who has erected or placed, or caused to be erected or placed, any sign or road marking in contravention of subregulation (1) require such person to remove it and, if such person fails to comply with such notice, the owner may cause the sign to be removed, or the road marking to be obliterated or removed, as the case may be, and thereupon the sign and any part thereof and every attachment thereto shall be forfeited to the owner and the owner may recover from such person as a civil debt the cost of the removal of the sign or the cost of the obliteration or removal of the road marking and also the cost of any reinstatement of that road necessitated by such removal of the sign or such obliteration or removal of the road marking.(3) Any person who contravenes subregulation (1) commits an offence and is liable to a fine at level 1. (E.R. 4 of 2019) 14. Offences in relation to signs, road markings and immobilization devices (1) No person shall—(a) move, damage, or interfere in any way with, any sign erected or placed under these regulations on a private road; or(b) obscure, deface, alter or obliterate any road marking placed under these regulations on a private road,except—(i) with the approval in writing of the owner of that road; or(ii) under and in accordance with any Ordinance.(2) No person without the consent of the owner of the private road concerned or an authorized officer in respect of that road shall remove, damage, or interfere in any way with any approved immobilization device fitted to a vehicle under these regulations.(3) No person shall for the purposes of these regulations fix an immobilization device to a vehicle except an approved immobilization device.(4) Any person who contravenes subregulation (1), (2) or (3) commits an offence and is liable to a fine at level 1. (E.R. 4 of 2019) 15. Obstruction Any person who without lawful authority or reasonable excuse obstructs the owner of a private road or an authorized officer in the exercise of any power conferred, or the discharge of any duty imposed, under these regulations commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 6 months.(E.R. 4 of 2019) 16. Presumption as to signs or road markings A sign erected or placed on, in or near, or a road marking placed on, a private road which is similar to a sign or road marking specified in Schedule 1 shall be deemed to be such a specified sign or road marking and to have been lawfully so erected or placed unless the contrary is proved, and the fact that a sign or road marking differs slightly in size, colour or type from such a specified sign or road marking shall not prevent such a sign or road marking from being such a specified sign or road marking so long as the general appearance of the sign or road marking is not thereby materially impaired.(L.N. 50 of 1989) Schedule 1 [regs. 2(2) & (3), 13(1) & 16]Signs and Road Markings Figure No. 1PRIVATE ROAD This sign indicates the entry to a private road or series of private roads where the Road Traffic (Parking on Private Roads) Regulations (Cap. 374, sub. leg. O) apply and where vehicles may be impounded or towed away and impounded if parked in contravention of those regulations.(E.R. 4 of 2019) Figure No. 2 NO PARKING This sign indicates that on the side of the private road where it is displayed, parking is prohibited. It may be used with the signs in Figure Nos. 5 and 6 to indicate the direction in which the restriction applies. With the sign in Figure No. 4 to indicate the perico for which it applies. And with the sign in Figure No. 7 to indicate that a vehicle which displays a permit may be parked. Figure No. 3 TEMPORARY NO PARKING SIGN This sign indicates that on the side of the private road where it is displayed, parking is temporarily prohibited. The sign may be used without the arrows or with an arrow pointing in only one direction. The sign may also display the period or periods when parking is temporarily prohibited and may be used with the sign in Figure No. 7 to indicate that a vehicle which displays a permit may be parked. Figure No. 4 TIME PLATE This plate indicates the period of time or days for which parking is prohibited.It may be used in conjunction with Figure Nos. 2 and 3 to indicate the period of time or days during which the restriction on parking applies.The wording may be varied to specify any period of time or any day or days. Figure No. 5 ARROW PLATE This plate may be used with the sign in Figure No. 2 to indicate the direction in which the restriction on parking applies.The arrow may be reversed to indicate a restriction in the other direction. Figure No. 6 ARROW PLATE This plate may be used with the sign in Figure No. 2 to indicate the restriction on parking applies in both directions. Figure No. 7 PARKING WITH PERMIT This plate may be used with the sign in Figure No. 2 and Figure No. 3 to indicate that a vehicle which displays a permit may be parked. Figure No. 8 NO PARKING This road marking is used to indicate a section of private road, whether or not it is used in conjunction with Figure No. 2, where the parking of vehicles is prohibited. Schedule 2 [reg. 11(4)]Impounding, Removal and Storage Charges 1. For impounding a vehicle . $320 2. For removing a vehicle . $350 3. For storing a vehicle . $320 for every day after the first day during which the vehicle is detained (L.N. 32 of 1998)