Section 2
Transport Administration
Transport Tribunal
Terms of Reference
| 1. | The functions of Transport Tribunals are to review the decisions of the Commissioner for Transport (“the Commissioner”) in respect of applications/appeals made under the Road Traffic Ordinance (Cap. 374), the Road Traffic (Driving Licences) Regulations (Cap. 374B) and the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D). In gist, Transport Tribunals are empowered to review a decision of the Commissioner to: |
| (a) | refuse to register or license a vehicle or to cancel a licence under section 35(2) of Cap. 374; |
| (b) | refuse to issue a Passenger Service Licence (PSL), or cancel, suspend or vary the terms of a PSL under section 35(2) of Cap.374; |
| (c) | revoke the designation of a vehicle emission testing centre under section 77D(3) of Cap.374; |
| (d) | revoke the designation of a car testing centre under section 88D(3) of Cap.374; |
| (e) | revoke the designation of a driving school under section 88L(3) of Cap.374; |
| (f) | suspend the vehicle licence on the conviction of a person of a scheduled offence under section 92(1) of Cap.374; |
| (g) | revoke the designation of a driving improvement school under section 102C(3) of Cap.374; |
| (h) | refuse to issue, reissue or renew a driving licence or driving instructor’s licence under regulation 45B(2) of Cap. 374B; |
| (i) | cancel a driving licence or driving instructor’s licence under regulation 45B(2) of Cap. 374B; |
| (j) | amend the terms or conditions of a PSL under regulation 55B of Cap.374D; and |
| (k) | cancel a hire car permit, refuse to issue a hire car permit, or to specify any conditions in a hire car permit under regulation 55B of Cap.374D. |
| 2. | The Transport Tribunal comprises an unofficial chairman and two unofficial members (drawn from the respective panel) as provided for under Section 17 of Road Traffic Ordinance, Cap. 374. |
| 3. | The powers of the Transport Tribunal are governed by section 19 of Road Traffic Ordinance, Cap. 374 whereas the rules of practice and procedure in any hearing before the Transport Tribunal are prescribed by section 20 of Road Traffic Ordinance, Cap. 374. |
Summary of the Year 2018
In 2018, the Transport Tribunal processed 9 cases. These cases were in general related to the applications for review of the following decisions of the Commissioner:
| (a) | suspension or cancellation of passenger service licence(s); |
| (b) | refusal to issue passenger service licence(s); |
| (c) | refusal to issue driving licence(s) or driving instructor's licence(s); and |
| (d) | suspension of vehicle licence(s). |
