Q1. Can a learner's driving licence holder deliver takeout with his/her motorcycle?
Obviously a person with learner’s driving licence should not use his/her motorcycle to deliver takeout or conduct any commercial activities. Simple logic will tell us that a learner’s driving licence only entitles the holder to practise the driving of a motor vehicle (or a motorcycle).
However, from a strictly legal perspective,
- there is no statue which expressly disallows the holder of a learner’s driving licence to deliver takeout with his/her motorcycle;
- under regulation 12DA of the Road Traffic (Driving Licences) Regulations ( 374B), which specifically deals with the Commissioner for Transport’s power to cancel learners’ driving licences, there is nothing which empower the Commissioner to cancel a learner’s driving licence under similar circumstances; and
- while regulation 20 of the Road Traffic (Driving Licences) Regulations ( 374B) gives general power to the Commissioner for Transport to cancel a driving licence if the holder does not fulfill the conditions and requirements for the issue of the licence, or contravenes any condition of the licence, it seems that there is not any requirement or condition which prescribes that a learning driver cannot use his/her motor vehicle/motorcycle for takeout delivery.
Nevertheless, the third party insurance policy for a motor vehicle/motorcycle for learners certainly will be void if the motor vehicle/motorcycle is used for commercial activities such as food delivery.
The Commissioner for Transport may therefore rely on section 25(1) of the Road Traffic Ordinance (Cap. 374) to cancel the learner’s driving licence: “The Commissioner may cancel the licence of a motor vehicle if… (vi) no valid insurance in respect of third party risks as required by the Motor Vehicles Insurance (Third Party Risks) Ordinance (Cap. 272) is in force in respect of the vehicle”.