New seatbelt law applies only to buses registered after Jan 25, says Doreen Kong

The mandatory seatbelt rule for bus passengers, effective since January 25, applies only to buses first registered on or after that date, according to barrister and former legislator Doreen Kong Yuk-foon, despite government statements suggesting broader coverage.

Kong posted on social media yesterday that the amended Road Traffic (Safety Equipment) Regulations (Cap 374F) impose the seatbelt duty and penalties only on passengers seated on buses covered by section 8AB, which targets buses first registered on or after January 25.

For older buses fitted with seatbelts, passengers may wear them voluntarily for safety but face no criminal liability if they do not.

She urged the Transport Department to clarify the provision to avoid public misunderstanding.

A government press release on January 8 stated that from January 25, drivers and passengers must wear seatbelts where fitted, regardless if they are newly registered.

Kong said this wording appears precautionary to encourage safety but stressed the law takes precedence over announcements. If the government intends mandatory use on all fitted buses, the legislation requires amendment.

Legislator Nicholas Chan Hiu-fung, also speaking on radio, said the plain text of section 8AB links the requirement to post-January 25 registrations, focusing on vehicle standards rather than direct passenger conduct.

He described the provision as not entirely clear and expected the department to explain.