LCQ6: Road maintenance works
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Question:
On the 28th and 29th of last month, two serious traffic accidents involving works vehicles occurred on Tsing Kwai Highway and Tsing Long Highway respectively, killing three road repair workers and injuring three others in total. In addition, vehicles carrying out road maintenance and repair works on highways in late hours are referred to as “highway killers” by some drivers, as traffic accidents may occur if drivers are not attentive enough. In this connection, will the Government inform this Council:
(1) of the number of traffic accidents involving works vehicles in the past 10 years, together with the details of each accident (including the date and time of occurrence, the casualties, etc.);
(2) of the details of the existing legislation and guidelines for monitoring road works contractors’ operations on highways; whether the relevant government departments regularly conduct inspections to see if the contractors have strictly complied with such legislation and guidelines, and what penalties will be imposed on the contractors for non-compliance; and
(3) given that a number of traffic accidents involving road maintenance and repair works have occurred in recent years, whether the authorities will consider, with reference to overseas legislation and experience, conducting a comprehensive review of the legislation and guidelines for monitoring such works, so as to safeguard the safety of road repair workers and drivers; if they will, of the details; if not, the reasons for that?
Reply:
President,
Traffic accidents involving road works occurred on Tsing Kwai Highway and Tsing Long Highway on the 28th and 29th of last month respectively. The accident on Tsing Kwai Highway killed three maintenance workers. I feel extremely sorry and understand the grief of families whose loved ones lost their lives at work. The police are now investigating the two accidents to ascertain their causes.
My reply to the various parts of the Hon Michael Tien’s question is as follows.
Statistics of traffic accidents in the past ten years involving works vehicles engaged in road maintenance works and resulted in casualties are set out in Annex 1.
Most of the accidents involving deaths or serious injuries occurred on expressways. The vehicles concerned travelled near road sections where maintenance works were being undertaken in late night or during the small hours and crashed into the works vehicles which were either parked at the maintenance works area or moving slowly. In the fatal accidents of 2011, 2013 and 2014, all fatalities were drivers of the concerned vehicles. In the accident happened on the 28th of last month, three maintenance workers were killed. As the speed of vehicles on expressways is relatively high, any accident may cause serious consequences. As such, the Government considers it necessary to conduct a comprehensive review, focusing on road safety as well as the protection of road maintenance workers.
According to the Road Traffic Ordinance (Cap. 374), the Highways Department (the HyD) has prescribed a “Code of Practice for the Lighting, Signing and Guarding of Road Works” (the Code) (Note 1). The Code was prescribed with reference to standards of USA and Europe, etc., and based on local past experience, which will be updated when necessary. When carrying out road maintenance works, contractors should follow the requirements of the Code. Furthermore, pursuant to regulation 20 of the Road Traffic (Traffic Control) Regulations (Cap. 374G) (the Regulations), contractors shall, in accordance with Schedule 5 of the Regulations, erect signs, road markings, barriers and road hazard warning lanterns with positions in compliance with the Code, or otherwise constitutes an offence. Non-compliance with other requirements of the Code may in any civil or criminal proceedings be relied upon by any party to the proceedings as tending to establish or negative any liability which is in question in those proceedings.
On the other hand, when conducting maintenance works on expressways, contractors shall first apply to the HyD for an expressway works permit under the Road Traffic (Expressway) Regulations (Cap. 374Q), and shall comply with the conditions of the permit, or otherwise it would constitute an offence (Note 2).
In 2007, the HyD included the requirement of using shadow vehicles when conducting mobile operations (such as setting up lane closure, removing lane closure, gully emptying, sweeping/watering, or emergency road surface repairs, etc.) on expressways in the Code in order to strengthen protection within the works area (Annex 2). The works vehicle and the shadow vehicle shall be equipped with warning lanterns and signing to provide early warning to other motorists. The Code also stipulates that, when carrying out maintenance works on expressways with lane closure, advance warning signs shall be displayed at least 600 metres in advance of the works area. Flashing arrow signs shall also be displayed where temporary diversion begins (Annex 3).
Under its road maintenance contracts, the HyD has required the contractors to formulate safety plans and implement safety management systems to strictly ensure that works procedures are conducted safely. The foremen and safety officers/safety supervisors of contractors shall conduct site inspections to monitor safety at operations. The HyD will also conduct regular random and surprise inspections. If any irregularities are found, the HyD would deduct payment according to contract mechanism. Serious non-compliance cases will be reflected in the contractor’s performance reports. The past performance of contractors is one of the factors in considering their future tenders for public works contracts.
A working group jointly set up by the HyD, the Transport Department (the TD) and the Police is currently reviewing the Code, in order to make reference to the latest relevant technological developments, local experiences and latest standards and practice of other countries. The preliminary proposed amendments include:
(a) for pavement maintenance works to be carried out on an expressway, guarding measures should be enhanced where temporary diversion begins, and a safe zone of appropriate length should be added as a buffer area; and
(b) a minimum weight of a shadow vehicle should be specified, and the specification requirement of retroreflectivity on the rear of a truck mounted attenuator on a shadow vehicle should be enhanced.
Now, in view of the traffic accidents on the 28th and 29th of last month and the situation in recent years, the working group will further comprehensively review the need to improve the lighting, signing and guarding measures relating to road works. The Government will consider amending the relevant legislation to strengthen the monitoring of traffic control and safety for road works, including the statutory requirement of using shadow vehicles for road works on expressways.
Apart from focusing on the safety of road works operation, it is also necessary to enhance the publicity and education for motorists, and to strengthen enforcement. Before approaching road sections with road maintenance works, motorists should be well prepared, abide by the temporary traffic signs and lights and reduce vehicle speed. The Police will step up their enforcement actions against drink and drug driving, speeding and other dangerous driving behaviours, particularly during the night time and during the small hours of a day. Stepped-up enforcement actions have been included in the Police’s Selected Traffic Enforcement Priorities 2016.
In addition, we will consider requiring contractors conducting road maintenance works in late night or during the small hours to alert the TD in advance, such that the TD can better disseminate information about the areas of road maintenance works and traffic arrangements to motorists through various channels.
Thank you, President.
Note 1: Taking into account the vehicle speed of different roads and road closure requirements for maintenance works, the Code specifies the detailed requirements for different types of devices (e.g. size, colour, materials, conditions necessitating the use of the devices, quantity to be placed, spacing and height, etc.) to ensure that signs will be clearly visible to road users from the anticipated distance to achieve the desired warning and guarding effect.
Note 2: Pursuant to regulation 20 of Cap. 374Q, the permit holder who carries out works on expressways shall comply with any condition contained in the expressway works permit. Pursuant to regulation 26 of Cap. 374Q, any person who contravenes regulation 20 commits an offence and is liable on first conviction to a fine of $5,000 and imprisonment for 3 months.
Ends/Wednesday, July 13, 2016
Issued at HKT 17:11
Issued at HKT 17:11
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