******************************************************
Following is a question by the Dr Hon Elizabeth Quat and a written reply by the Secretary for Transport and Housing, Professor Anthony Cheung Bing-leung, in the Legislative Council today (November 4):
Question:
It has been reported that recently on the Tolo Highway near Tai Po, a wooden door fell off the goods compartment of a moving goods vehicle onto the ground. Fortunately, the vehicle immediately following that goods vehicle swerved in time to avoid the obstacle and a traffic accident had not occurred. Moreover, many residents of Tseung Kwan O have relayed to me that incidents of goods and rubble falling off the goods compartments of goods vehicles on Wan Po Road have happened from time to time, terrifying them whilst driving. In this connection, will the Government inform this Council:
(1) of the current number of registered goods vehicles in Hong Kong and, among them, the number of trucks for carrying construction waste materials (trucks);
(2) given that in reply to my question raised at the Legislative Council meeting of December 3, 2014, the Secretary for the Environment said that trucks with a "design adopting full enclosure may not necessarily meet operational needs", of the operational needs which cannot be met by a fully enclosed truck; whether it has conducted a detailed study on the proposal of requiring trucks to adopt a full-enclosure design; if it has, of the outcome; if not, the reasons for that;
(3) whether it will review and amend the existing legislation to step up prosecutions against those drivers who have failed to ensure the goods are secured to and contained on their goods vehicles (including trucks) in motion; if it will, of the details; if not, the reasons for that;
(4) whether it will consider tightening the height limits for loads carried by goods vehicles (including trucks) so as to reduce the hazards which may be caused by tall loads; if it will, of the details; if not, the reasons for that;
(5) whether it will consider raising the penalties for failure to ensure the goods are secured to and contained on goods vehicles (including trucks) in motion, or for allowing rubble to fall off such vehicles, so as to enhance the deterrent effect; if it will, of the details; if not, the reasons for that; and
(6) whether it will conduct a study on ways to effectively prevent the goods or rubble from falling off the goods compartments of goods vehicles (including trucks), so as to protect the safety of road users; if it will, of the details; if not, the reasons for that?
Reply:
President,
My reply to the various parts of the Dr Hon Elizabeth Quat's question is as follows:
(1) According to the records of the Transport Department (TD), there are some 115 000 registered goods vehicles in Hong Kong. As it is not a requirement at the time of registration to provide information on the types of loads that a goods vehicle will carry, the TD does not have record on the number of goods vehicles that are used for carrying and transporting construction waste.
Moreover, the Environment Bureau (ENB) has advised that as the Construction Waste Disposal Charging Scheme does not impose any restriction on the types of vehicles used for carrying construction waste and that vehicles used for such purpose are not required to be registered. Yet, according to the day-to-day operation records, there are in total about 4 000 vehicles of various types used for carrying construction waste to the prescribed facilities (including landfills, sorting facilities and public fill reception facilities).
(2) The ENB has advised that at present the vehicles use for carrying construction waste are of various designs and that their uses are not limited to carrying construction waste. For some vehicles, their design must be compatible with the operation of the mechanical parts installed at the goods compartment (an example is the grab-mounted trucks). As such, in response to a written question put forward by the Dr Hon Elizabeth Quat on December 3, 2014, the Secretary for the Environment said that in considering the mandatory use of fully-enclosed vehicles for carrying construction and demolition materials, it should be noted that the design adopting full enclosure may not necessarily meet the operational needs.
(3) to (6) At present, there are clear statutory provisions governing vehicles carrying loads in order to ensure road safety. Under the Road Traffic (Traffic Control) Regulations (the Regulations) (Cap. 374G), the driver should ensure that any load is properly secured to or contained inside the vehicle and that its weight and manner in which it is placed in the vehicle shall not cause danger to any person. Moreover, the Regulations impose limitations on the height, width and length of loads on vehicles. For example, no load shall rise to a height in excess of 4.6 meters or be of a height that may cause damage to any object or wires lawfully erected above the road. Any driver who contravenes the relevant provisions of the Regulations on carriage of loads is liable to a fine of $5,000 and imprisonment for three months on first conviction; and to a fine of $10,000 and imprisonment for six months on second or subsequent convictions.
To better equip the goods vehicle trade with the knowledge on the requirements of the Regulations and the measures that have to be taken for safe transportation of loads, the TD has compiled a "Code of Practice for the Loading of Vehicles". The Code provides guidelines covering various areas of safe loading, including the use of suitable vehicles for carrying loads, proper methods of placing loads inside vehicles, etc. For instance, the driver should use a vehicle with body panels of sufficient height for carrying loose bulk loads (such as ballast and waste) to ensure that the loads are fully enclosed. The loads should also be properly covered while the cover should be firmly secured to prevent the loads from falling off.
Moreover, in accordance with the Public Cleansing and Prevention of Nuisances Regulations (Cap. 132BK), the Food and Environmental Hygiene Department (FEHD) takes enforcement action against littering, on any street or public place, from vehicles. Any person who contravenes the above provision is liable to a maximum fine of $25,000 and imprisonment for six months on conviction.
The Police, the EPD and the FEHD have been carrying out joint operations since August 2013 to strengthen enforcement actions against illegal acts such as falling and scattering of objects from vehicles on roads, overloading and dripping of waste water, etc, and have also been intercepting heavy vehicles such as refuse collection vehicles and dump trucks at Wan Po Road, Tseung Kwan O from time to time. As at end October 2015, a total of 103 joint operations have been conducted to enhance the deterrent effect.
Apart from governing the use of vehicles for carriage of loads through legislative means, the TD has been launching publicity and educational activities through various channels to enhance the goods vehicle trade's awareness of safe loading, such as producing the "Goods Vehicle Trade Newsletter" quarterly and holding regular meetings with the goods vehicle trade to disseminate the message of road safety and remind them to adopt good practice for transportation of loads.
The Government will continue to promote safe loading through efforts on three fronts, namely law enforcement, publicity and education. The Government will timely review the legislation where necessary.
Ends/Wednesday, November 4, 2015
Issued at HKT 16:05
NNNN