Q6. What are the general rules of conduct for taxi drivers? What are the legal consequences if taxi drivers do not observe the general rules of conduct?

Q6. What are the general rules of conduct for taxi drivers? What are the legal consequences if taxi drivers do not observe the general rules of conduct?

  1. Obligation of taxi driver

 

Under Regulation 37 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), the driver of a taxi shall not without reasonable excuse :-

 

  1. refuse to accept a hirer, including at a cross-harbour taxi stand where he may only refuse passengers who are not going across the harbour via the Cross-Harbour Tunnel, the Western Harbour Crossing or the Eastern Harbour Crossing;

 

  1. refuse to drive the hirer where he indicates to go;

 

  1. refuse to carry the number of passengers allowed by the vehicle license, as required by the hirer;

 

  1. drive to a destination specified by the hirer other than by the most direct practicable route;

 

  1. allow anyone else to enter the taxi without the hirer’s consent; and

 

  1. refuse to give a receipt to a person who has paid the fare for the hire.

 

Any person who without reasonable excuse contravenes any of the provisions of, or any requirement under Regulation 37(a), (b) or (d) commits an offence and is liable on conviction to a fine at HK$10,000 and to imprisonment for 6 months: see Regulation 57(4) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).

 

Any person who without reasonable excuse contravenes any of the provisions of, or any requirement under Regulation 37(c), (e) or (f) commits an offence and is liable on conviction to a fine of $5,000 and to imprisonment for 6 months: see Regulation 57(3) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).

 

  1. Cleanliness

 

The driver of a taxi shall ensure that the vehicle is kept in a clean and tidy condition: see Regulation 44 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).

 

Any person who without reasonable excuse contravenes any of the provisions of, or any requirement under Regulation 44 commits an offence and is liable on conviction to a fine of $2,000: see Regulation 57(2) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).

 

  1. General conduct of driver

 

Under Regulation 45(1) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), similar to a driver of a public bus, public light bus, a taxi driver :

 

  • shall behave in a civil and orderly manner;

 

  • shall be clean and tidy in his person and adequately clothed;

 

  • shall not smoke in or on the vehicle when it has passengers on board;

 

  • shall take all reasonable precautions to ensure the safety of passengers in or on or entering or alighting from the vehicle;

 

  • shall ensure that all exits of the vehicle, including emergency exits, are free from obstruction and, when passengers are on board, are not locked;

 

  • shall, if requested by any police officer or traffic warden in uniform or any person authorized by the Commissioner, give particulars of his name and address and the name and address of the licensee or owner by whom he is employed;

 

  • shall not, at any reasonable time, obstruct, or neglect to give all reasonable information and assistance to, any person having authority to examine the vehicle;

 

  • shall not cause the vehicle to remain stationary on a road longer than is necessary to pick up or set down passengers except at a stand or place where such vehicles are permitted to stop for a longer time than is necessary for that purpose;

 

  • shall not unreasonably delay the journey; and

 

  • shall not congregate or assemble with other drivers to the annoyance of members of the public.

 

Any person who without reasonable excuse contravenes Regulation 45(1) commits an offence and is liable on conviction to a fine of $3,000 and to imprisonment for 6 months: see Regulation 57(1) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).

 

Under Regulation 45(2) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), a driver, when in charge of a taxi, shall :-

 

  • not deceive or refuse to inform a passenger or intending passenger as to the proper fare and route to any place;

 

  • at all times when the taxi is available for hire or is hired, carry, for the purpose of giving change, not less than—

 

    • $90 in notes of a denomination of $10 or in coins of a denomination of $2 or more; and

 

    • $10 in coins of a denomination of $1 or less;

 

  • while the taxi is available for hire, not loiter or stop elsewhere than at a taxi stand except through accident or unavoidable cause;

 

  • while conveying passengers to or picking up passengers from any place of public amusement or assembly, draw up in order of arrival as near to the door or entrance thereto as is reasonably practicable and, subject to any direction by a police officer or traffic warden in uniform, drive the taxi away immediately after the passengers have alighted from or boarded the taxi in such manner as to cause the minimum of obstruction and congestion.

 

Any person who without reasonable excuse contravenes Regulation 45(2) commits an offence and is liable on conviction to a fine of $5,000 and to imprisonment for 6 months: see Regulation 57(3) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).

 

  1. Use of taximeter, etc.

 

The driver of a taxi available for hire shall display the taximeter indicator; and during the hours of darkness keep the roof “TAXI” sign illuminated: see Regulation 49(1) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).

 

The driver of a taxi as soon as the taxi has been hired shall move the taximeter indicator to the recording position and as soon as the hiring has terminated shall return the taximeter indicator to the non-recording position: see Regulation 49(2) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).

 

The hiring of the taxi shall commence from the time at which the journey begins or the time at which the taxi is first made immediately available to the hirer at the time and place appointed by the hirer, whichever first occurs: see Regulation 49(3) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).

 

If for the distance covered the taximeter records a fare clearly higher than the legal fare chargeable under Regulation 47, the hirer of the taxi shall not be obliged to pay to the driver more than the legal fare: see Regulation 49(4) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).

 

  1. Receipts in respect of fares paid for hiring of a taxi

 

Under Regulation 49A(1) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), for receipts in respect of fares paid for hiring of a taxi, a receipt issued for the purposes of these regulations in respect of the payment of any fare for the hiring of a taxi shall—

 

  • be printed by the receipt printing device installed in respect of the taxi; and

 

 

Under Regulation 49A(2) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), where the receipt printing device installed in respect of a taxi is not in proper working order, a receipt issued for the purposes of these regulations in respect of the payment of any fare for the hiring of the taxi shall—

 

  • be issued by the driver of the taxi to whom the payment has been made; and

 

 

  1. Information to be displayed on certain public service vehicles

 

Under Regulation 51(1) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), when a taxi is standing or plying for hire the driver shall, subject to Regulation 51(1A) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), display so as to be clearly visible to any passenger travelling in the taxi and legible to the passenger –

 

  • a table showing in English and in Chinese characters the scale of fares chargeable in respect of the use of the taxi;

 

  • the registration mark of the vehicle; and

 

  • a taxi driver identity plate in a holder.

 

Under Regulation 51(1A) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), a table referred to in Regulation 51(1) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D) shall be of a design and construction and displayed in such position in the taxi as specified by the Commissioner by notice published in the Gazette.

 

Under Regulation 51(4) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), no person shall drive a taxi when it is being used for the carriage of passengers for hire or reward unless there is displayed on the taxi or the public light bus a notice required to be displayed in accordance with Regulation 51(3) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), i.e. a notice to wear a seatbelt.

 

Under Regulation 51(5) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), no person shall drive a taxi when it is being used for the carriage of passengers for hire or reward unless there is displayed in the taxi, so as to be clearly visible to any passenger travelling in the taxi and legible to the passenger, a taxi driver identity plate in a holder, both of which comply with the requirements of Regulations 51(6) and 51(7) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).

 

Under Regulation 51(6) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), the driver identity plate referred to in Regulation 51(1)(c), Regulation 51(5) and Regulation 51(5A) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D) must :-

 

  • be a valid driver identity plate;

 

  • be of the size, design, form and construction, and displayed in the position in the taxi as specified by the Commissioner by notice in the Gazette;

 

  • show, in the case of a taxi driver identity plate, the captions “TAXI DRIVER IDENTITY PLATE” and “的士司機證”;

 

  • show the driver’s full name as shown in his identity card in English and, where appropriate, in Chinese;

 

  • bear the driver’s photograph that is recent as at the date of issue;

 

  • show the date of issue and the date of expiry; and

 

  • not show or bear anything or matter that is not specified in paragraphs (b), (c), (d) and (da) or that is not in accordance with the form specified under paragraph (a).

 

Under Regulation 51(7) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), the holder referred to in Regulation 51(1)(c), Regulation 51(5) and Regulation 51(5A) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D) must –

 

  • be of the size, design and construction, and displayed in the position in the taxi, as specified by the Commissioner by notice in the Gazette; and

 

  • show the registration mark of the taxi.

 

Any person who without reasonable excuse contravenes Regulation 51(1), (4), (5) commits an offence and is liable on conviction to a fine of $2,000: see Regulation 57(2) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).

 

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