Q7. Is a child below the age of 3 a passenger if he does not occupy a seat by himself?
Passenger in relation to a vehicle means any person carried in or on it other than any driver or conductor of it: see Section 2 of the Road Traffic Ordinance (Cap. 374).
For the purpose of the Road Traffic Ordinance (Cap. 374) and its subsidiary regulations, a child below the age of 3 is a passenger because he or she is a “person carried in or on it”, whether or not he occupies a seat by himself or herself.
However, for the purpose of Regulation 53(1)(a) and (3) of the Road Traffic (Traffic Control) Regulations (Cap. 374G), that is, for the purpose of establishing the number of persons that may be carried in a vehicle, a child below the age of 3 years shall not be counted.