Mass Transit Railway Regulations
[28 September 1979]
(Format changes—E.R. 6 of 2019)
(Repealed L.N. 110 of 2007)
In these regulations, unless the context otherwise requires—
designated bus stop (指定巴士站) means a place designated as a bus stop under regulation 10; designated rail stop (指定輕鐵站) means a place designated as a rail stop under regulation 11; TSA bus (西北鐵路巴士) means a bus used for the purposes of the TSA bus service; TSA bus service (西北鐵路巴士服務) means the service provided through the operation of bus services within the North-west Transit Service Area by the Corporation; vehicle of the North-west Railway (西北鐵路車輛) means a light rail vehicle operated on the North-west Railway.An accident is notifiable under regulation 4 if it occurs on a part of the railway which has commenced operation for public use and—
as a result thereof any person dies or suffers serious injury; or
it involves a train—
colliding with, or striking against, another train or any other object; or
leaving the rails,
and doing so either on a line used for the carriage of passengers or goods or both passengers and goods, or in circumstances where the normal operation of such a line is affected. (L.N. 110 of 2007)
For the purposes of paragraph (1) a person suffers serious injury if he suffers amputation of a limb, a fracture or dislocation, internal injuries, loss of an eye, burns or any other injury of a kind which results in his being admitted to a hospital immediately following the accident for observation or treatment.
Every occurrence described in the Schedule is notifiable under regulation 4 if it occurs on a part of the railway which has commenced operation for public use.
The Corporation shall give notice to the Secretary of every accident which is notifiable under regulation 2 and occurrence which is notifiable under regulation 3.
The Corporation shall also supply to the Secretary such further information concerning such an accident or occurrence as he may require it to furnish to him.
Notice shall be given under paragraph (1) as follows—
in the case of an accident which is notifiable under regulation 2, immediately after the occurrence it shall be reported by word of mouth (which includes such a report by means of a telephone) to the Secretary or to any other public officer he may appoint for the purposes of this subparagraph;
as soon as is practicable after the accident or occurrence, a written report, in such form as the Secretary may from time to time determine, shall be completed and delivered to the office of the Secretary.
Where an accident or occurrence which is notifiable under these regulations has occurred, the Secretary may direct an inspector to investigate the same.
The paramount purpose of such an investigation is to determine the circumstances and causes of the accident or occurrence with a view to avoiding similar accidents or occurrences in the future, rather than to ascribe blame therefor to any person.
The Secretary may in place of any inspector directed to carry out an investigation under paragraph (1) direct another inspector to proceed with the investigation, and in that case the investigation may be continued as if the change had not occurred.
The inspector shall, on completion of an investigation, make a report to the Secretary who shall cause the contents thereof to be brought to the attention of the public in such manner as he thinks fit.
A report shall state the circumstances of the accident or occurrence and conclusions as to its cause and any observations and recommendations which the inspector thinks necessary for the avoidance of similar accidents or occurrences.
An inspector may, for the purpose of investigating an accident or occurrence pursuant to regulation 5, in addition to his powers under the Ordinance—
by summons under his hand call before him such persons as he thinks fit;
examine any such person and require him to answer any question or to give any information or to produce any document or article which the inspector thinks may be relevant to the investigation;
permit any person to appear before him to give any such information or produce any such document or article;
retain any such document or article until the completion of the investigation;
require any person to make and sign a statutory declaration as to the truth of any statement made by him;
remove, or take measures for the preservation of, any machinery, plant or equipment for the purpose of making any test or inspection;
take such measures as may be necessary for the preservation of evidence.
Every investigation by an inspector shall be held in private.
A person summoned as a witness at any investigation shall be allowed such expenses as the Financial Secretary may determine.
The answer given by a person to any question put to him for the purposes of an investigation shall not be admissible against that person in any civil or criminal proceedings by or against him except where he is charged with perjury or with an offence under regulation 8.
Any person who—
without lawful excuse fails to answer a summons under regulation 6(a) or to comply with a requirement under regulation 6(b) or (e);
knowingly furnishes to an inspector acting under these regulations information that is false or misleading in a material particular;
obstructs an inspector in the exercise of his powers under these regulations,
commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.
The Corporation shall—
prepare and revise from time to time as may be necessary, a manual or manuals of instructions setting out the practices and procedures to be observed to ensure the safe operation of the railway;
ensure that every person who is engaged in the operation of the railway, whether as an employee, or as a contractor or agent of the Corporation, is made fully aware of the functions and duties imposed on him by the said instructions, and is provided with every manual in which those instructions are contained and such replacements thereof as may be necessary;
furnish to the Secretary such number of copies of every manual of instructions, and all amendments thereto, as he may require. (L.N. 362 of 1997; 13 of 2000 s. 64)
The Commissioner may designate a place on a road as a bus stop for a TSA bus and may revoke the designation either temporarily or permanently.
A designated bus stop may be restricted to the use by a TSA bus serving a particular route.
Subject to paragraph (2), the driver of a TSA bus on a route—
may stop at a designated bus stop to pick up or set down a passenger;
shall stop at a designated bus stop to set down a passenger if requested to do so and, if the bus is not at full capacity, to pick up an intending passenger when signalled by the intending passenger to do so.
The Commissioner may require the Corporation to erect and maintain a sign, of a type approved by the Commissioner, at a designated bus stop, or to remove any sign erected under this paragraph.
No person shall, without the permission of the Commissioner, erect or cause to be erected any sign on or near any road in such a manner that the sign might reasonably be believed to have been erected in accordance with paragraph (4).
A person who contravenes paragraph (3)(b) commits an offence and is liable to a fine at level 1.
A person who contravenes paragraph (5) commits an offence and is liable to a fine at level 1.
In any proceedings under any enactment, in relation to a place on a road which is alleged to be a designated bus stop, a sign at the place which purports to indicate that the place is a designated bus stop shall be deemed to have been erected in accordance with paragraph (4) unless the contrary is proved.
The Corporation may, with the approval in writing of the Commissioner, designate any place on a road as a rail stop for vehicles of the North-west Railway by delineating and describing on a plan the location and dimension of that proposed stop, and depositing the plan with the Commissioner at least 14 days before the designation is to take effect.
Notwithstanding paragraph (1), where the Corporation, with the approval in writing of the Commissioner, designates a rail stop under that paragraph and a plan is deposited with the Commissioner in accordance with that paragraph on or before the Merger Date, the designation takes effect on the Merger Date.
The Corporation may, with the approval in writing of the Commissioner, revoke or suspend the designation of a rail stop under paragraph (1) or (2).
The Commissioner may, by notice in writing served on the Corporation giving reasons, require the Corporation to revoke the designation of a rail stop under paragraph (1) or (2), or suspend it for such period as may be specified in the notice.
The Commissioner shall state in a notice served under paragraph (4) that the revocation or suspension required by the notice is to take effect before such date as may be specified in the notice, which date shall not be less than 28 days after the date of the notice.
The Commissioner shall notify the Corporation in writing of an approval under paragraph (1), (2) or (3) or, if the Commissioner refuses to give approval, of the refusal of the approval and the reasons for the refusal.
Where under this regulation the Corporation, with the approval or upon the requirement of the Commissioner, revokes or suspends the designation of any place on a road as a rail stop, the Corporation shall exhibit an appropriate sign or notice of the revocation or suspension in a conspicuous position at that place and keep it exhibited until the platform on which the rail stop was situated is demolished, or the designation is resumed, as the case may be.
If the Corporation—
fails to comply with a notice served under paragraph (4) and does not appeal in accordance with regulation 13;
fails to exhibit a sign or notice in accordance with paragraph (7); or
where it appeals in accordance with regulation 13, fails to comply with a notice served under paragraph (4) as confirmed or amended by the Secretary under regulation 13,
the Corporation commits an offence and is liable to a fine at level 1 and to a further fine of $100 for each day on which the offence continues.
The driver of a vehicle of the North-west Railway shall not, for the purpose of allowing passengers or intending passengers to alight from or board the vehicle, stop the vehicle at any place other than a designated rail stop except in the case of emergency.
A person who without reasonable excuse contravenes paragraph (1) commits an offence and is liable to a fine at level 1.
If the Corporation is aggrieved by any decision or requirement of, or the refusal of any approval by, the Commissioner under regulation 11, it may appeal in writing to the Secretary within 14 days of receiving notice in writing of the decision, requirement or refusal.
The Secretary shall, within 3 months of receiving notice of an appeal under paragraph (1), consider the appeal and may confirm, amend or cancel the notice in respect of which the appeal is lodged.
The Secretary shall notify the Corporation and the Commissioner in writing of his decision on an appeal with reasons.
The Corporation shall, on or before 31 October each year, submit to the Commissioner a programme of the operations of the North-west Railway and, if applicable, bus services within the North-west Transit Service Area (referred to in this regulation as programme of operations) for the 5-year period commencing on 1 January in the year following such submission.
A programme of operations submitted to the Commissioner in any year shall supersede the programme of operations last submitted (if any).
A programme of operations shall contain—
a route development programme for the North-west Railway and bus services of the Corporation within the North-west Transit Service Area, showing the details of proposed changes to the routes operated, frequency of service, and type and number of vehicles allocated to those routes, month by month for the first 2 years of the route development programme and half-yearly after those first 2 years;
an estimate of the types and numbers of light rail vehicles and buses required in daily service to meet the requirements of the route development programme referred to in subparagraph (a);
estimates of the overall number of light rail vehicles and the overall number of buses required to run the daily service, with allowance being made for reasonable proportions of light rail vehicles and buses respectively being unavailable for use in the operation of the daily service due to accidents, breakdowns, or for any other reason.
The Corporation shall inform the Commissioner of any change proposed to be made to a programme of operations at least 1 month in advance of the change to be implemented.
Where a deviation from a programme of operations is necessary in urgent or exceptional circumstances, the Corporation is not required to comply with paragraph (4) but shall, as soon as practicable after such a deviation, inform the Commissioner of the details of the deviation and the circumstances which have occasioned it.
The Corporation shall, as soon as practicable, submit a written explanation to the Secretary for any failure to comply with paragraph (1), (4) or (5).
The following provisions of these regulations are to expire when that part of the franchise relating to the KCRC Railways is revoked under section 18 of the Ordinance—
the definitions of designated bus stop, designated rail stop, TSA bus, TSA bus service and vehicle of the North-west Railway in regulation 1A;
“or goods or both passengers and goods,” in regulation 2(1)(b); and
regulations 10, 11, 12, 13 and 14.
Any accident connected with the operation of the railway or with the maintenance thereof, not being an accident which is notifiable under regulation 2, as a result of which an employee of the Corporation or of a contractor with the Corporation is unable, for a period exceeding 3 days immediately after the accident, to fully carry out his normal duties.
Any occurrence, not coming within paragraph 1, in which a person—
falls off a platform or crosses a line whether or not he is struck by a train;
falls out of a carriage during the running of a train;
falls between a train and a platform;
comes into contact with live overhead electric traction wires or other live electrical equipment;
suffers injury, which is reported to the Corporation, by the opening or closing of carriage doors at a station or by the operation of an escalator, lift or moving path used by the public as part of the railway;
suffers injury, which is reported to the Corporation, as the result of any action of an employee of the Corporation, or of a contractor with the Corporation.
Any failure of an axle, wheel or tyre on a train, including tyres unfit to run.
Any failure of any part of a power unit on a train which endangers or could endanger the safe operation of the railway.
Any fire, severe electrical arcing or fusing on a train or on any part of the railway or on any part of the railway premises or on premises occupied or used by the Corporation in the running of the railway.
Any accidental division of a train.
Any fracture of a rail in the permanent way.
Any buckling of a running track.
Any failure of a tunnel, bridge or elevated section or any part of the same which endangers or could endanger the safe operation of the railway.
Any flooding of any part of the permanent way which endangers or could endanger the safe operation of the railway.
The loss of control of any passenger escalator, lift or moving path.
Any failure of a signal structure or of any part of the fixed electrical equipment which endangers or could endanger the safe operation of the railway.
The accidental entry of any road vehicle on to the permanent way.
Any other failure of the permanent way or of any machinery, plant or equipment which endangers or could endanger the safe operation of the railway.