Skip to main content

Q1. Does following the Road Users' Code published by the Transport Department give me a strong case when facing a criminal charge or when dealing with a civil claim relating to traffic incidents?

 

First of all, it should be noted that the Road Users' Code published by the Transport Department is not law. Section 109(5) of the Road Traffic Ordinance (Cap. 374) expressly states: “A failure on the part of any person to observe any provisions of the road users’ code…shall not of itself render that person liable to criminal proceedings of any kind but any such failure may in any proceedings whether civil or criminal and including proceedings for an offence under this Ordinance be relied upon by any party to the proceedings as tending to establish or negative any liability which is in question in those proceedings.

 

By the same token, full compliance with the Road Users’ Code does not mean that you have fully complied with the law, but such compliance may in any proceedings whether civil or criminal be relied upon by any party to the proceedings as tending to establish or negative any liability.

 

The Court has also in various cases confirmed that the Road Users' Code serves only the purpose of guidance. So yes, compliance with the Road Users’ Code may give you a strong case in criminal or civil proceedings. But you should not expect anything more than a strong case.

Last revision date: