Govt details emergency exemption for child restraint device rules starting November

The Transport Department clarified on Tuesday the exemption for carrying child passengers without restraining devices in emergencies under the new road regulation, which will be judged on a case-by-case basis. 

This follows the Legislative Council's approval of the Road Traffic (Safety Equipment) (Amendment) Regulation 2024, which will require children to use safety seats or other restraining devices when traveling in private cars starting in November.

Eddy Wu Kin-kwok, chief engineer of the Transport Department, noted that the legislation does not specifically define what constitutes an "emergency situation," which will depend on actual circumstances and be subject to assessment by law enforcement authorities. 

Regarding parents traveling with children in ride-hailing vehicles lacking restraint devices, Wu clarified that drivers bear responsibility for equipment installation, while parents should provide appropriate devices to ensure child safety.

However, authorities may still determine whether parents have violated other regulations if they fail to comply. 

Wu pointed out that most child casualty traffic accidents occur in private cars, suggesting authorities may consider extending the legislation to other vehicle types in the future.

In addition, Wu advised residents to select safety seats meeting legislative standards, noting that portable devices offer inferior protection compared to proper child safety seats.

Under the new regulation, drivers who fail to provide restraining devices for child passengers under 8 years old or below 1.35 meters in height may face a fixed penalty notice of HK$230, with serious cases potentially leading to court action and fines of up to HK$2,000.

(Judy Cui)