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Following is a question by the Hon Wong Kwok-hing and a reply by the Secretary for Transport and Housing, Professor Anthony Cheung Bing-leung, in the Legislative Council today (February 19):
Question:
It is learnt that quite a number of taxi drivers offering discounts on taxi fares (commonly known as "the discount gangs") place several smart phones on the dashboards of their taxis to facilitate communication with passengers who need taxi-call service. Such taxi drivers use mobile phones by touching or sweeping the screens of their mobile phones with their fingertips (operating mobile phones with fingertips) while driving. Many members of the taxi trade and passengers have expressed concern that as it is easy for the driver to get distracted under such circumstances, traffic accidents are prone to occur, posing danger to taxi passengers and other road users. The Road Traffic (Traffic Control) Regulations, however, only prohibit drivers from using a mobile phone by holding it in their hands or between their heads and shoulders while driving, but not from operating mobile phones with fingertips while driving. Nor is there any restriction on the number of mobile phones which may be placed by a driver on the dashboard of a vehicle. In this connection, will the Government inform this Council:
(1) of the respective numbers of taxi drivers prosecuted in the past three months for offering fare discounts to passengers and for using mobile phones while driving;
(2) in each of the past five years, of the number of taxi drivers who were convicted within the same year for using mobile phones while driving and offering fare discounts to passengers, the number of traffic accidents involving taxis which occurred when their drivers were using mobile phones, and whether police officers were deployed to disguise as customers (commonly known as "undercover operations") for taking law enforcement actions against discount gangs; if so, of the number of taxi drivers arrested during undercover operations; and
(3) whether the authorities stepped up law enforcement actions in the past three months against taxi drivers placing several mobile phones on the dashboard, and of the number of such taxi drivers prosecuted for careless driving; whether the authorities will consider amending the legislation to stipulate the maximum permitted numbers of mobile phones to be placed on the dashboard and used by the driver, so as to enable police officers, members of the taxi trade and other drivers to act in accordance with the law; if they will, of the legislative timetable (including consultation with the taxi trade)?
Reply:
President,
My reply to the various parts of the question raised by the Hon Wong Kwok-hing is as follows:
(1) According to the "soliciting" behaviour prescribed under regulation 40 of the Road Traffic (Public Service Vehicles) Regulations, if any taxi driver or his/her representative in any manner attracts or endeavours to attract any person in order to induce such person to make use of his/her vehicle, he/she commits an offence and is liable to a fine of $10,000 and imprisonment for six months. Any taxi driver who offers fare discounts on his/her own initiative to induce passenger(s) to make use of his/her vehicle is engaging in "soliciting" activities.
Separately, under regulation 42(1)(g) of the Road Traffic (Traffic Control) Regulations, a driver shall not, if a motor vehicle being driven by him is in motion, use a mobile telephone while holding it in his hand or between his head and shoulder. Offenders are liable to a fine of $2,000.
Based on the information provided by the Police, the respective numbers of taxi drivers prosecuted for "soliciting" and using mobile phones while holding them in their hands or between their heads and shoulders when driving from October to December 2013 are set out at Annex.
(2) The Police have all along been taking vigorous enforcement actions against taxi malpractices through various operations. They include having police officers disguising as passengers (commonly known as "undercover operations") to combat "soliciting" activities by taxi drivers. The Police, however, do not maintain figures on these operations or on the related arrest. Apart from law enforcement, the Transport Department (TD) from time to time reminds the taxi trade of the need to abide by the law. It also reminds passengers through publicity that they should pay taxi fares according to the meter as required by the law.
The Police do not have figures on prosecution and conviction of taxi drivers who have committed both offences of using mobile phones while holding them in their hands while driving and "soliciting" in the same year. The Police also do not have figures on traffic accidents involving taxis which occurred when their drivers were using mobile phones by holding them in their hands.
(3) As mentioned above, there are legal provisions prohibiting the use of mobile phone by a driver while holding it in his hand or between his head and shoulder while driving. A driver may, depending on the actual circumstances of a case, commit an offence of "dangerous driving" or "careless driving" under the Road Traffic Ordinance, if his driving behavior is adversely affected, or cause traffic accident, by his using of mobile phone or other telecommunications equipment through "swiping". Simply placing of mobile phones on the dashboard does not contravene any legislation, provided that driving safety is not undermined.
It is our preliminary understanding that the regulatory framework on the use of mobile phones by drivers during driving in major developed countries is similar to the one adopted in Hong Kong. In countries like the USA, Canada, Germany, France, the United Kingdom, Japan and Singapore, there are legal provisions prohibiting the use of hand-held mobile phones by drivers while driving. Such provisions do not prohibit the use of mobile phones through hands-free devices or the operation of a mobile phone through "swiping".
From the road safety perspective, drivers should avoid being distracted while driving. As such, it is not advisable to use mobile phones or other telecommunications equipment while driving. However, taking into account the practical needs of drivers, such as to make phone calls in case of emergency and necessary situations, the current legislation only prohibits the use of hand-held mobile phone or holding the phone between one's head and shoulder while driving.
The use of mobile phones has become very popular. Increasingly, the public opt to place hiring orders for taxi or goods vehicle services through mobile phone application software. We agree that current legislation should keep pace with the latest development and be reviewed from time to time having regard to technological advancement and risks assessment. If the community considers it necessary to explore the practicability of further tightening up the control over the use of mobile phones while driving, we have to carefully assess its impact on drivers, not only taxi drivers but also all commercial vehicle and other drivers. Also, we have to consider the enforcement and the related issues in order to strike a right balance among road safety, social needs and the use of technology.
Having regard to the community's concern about the use of mobile phones and other telecommunications equipment by drivers while driving, the Government will collect and analyse relevant information, such as the correlation between the use of mobile phones through "swiping" and the number of mobile phones placed inside vehicles against the occurrence of traffic accidents. I have already asked the Police to start collecting data regarding the number of mobile phones or telecommunications equipment placed in vehicles involved in traffic accidents with personal injuries for further analysis.
At the same time, we will continue to monitor the relevant overseas research findings and legal requirements. We will also work closely with the Road Safety Council to enhance the education and publicity work, and will invite the Council to study the issue further.
Ends/Wednesday, February 19, 2014
Issued at HKT 16:00
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