### Motor Vehicle Idling (Fixed Penalty) Ordinance 《汽車引擎空轉(定額罰款)條例》

1. Short title and commencement
(1) This Ordinance may be cited as the Motor Vehicle Idling (Fixed Penalty) Ordinance.
(2) (Omitted as spent—E.R. 1 of 2012)

2. Interpretation
In this Ordinance—
Authority (當局) means a person specified in column 1 of Schedule 2;
authorized officer (獲授權人員) means a person specified in column 2 of Schedule 2;
complaint (申訴) means a complaint under Division 4 of Part 3;
demand notice (繳款通知書) means a notice served under section 11(2);
Director (署長) means the Director of Environmental Protection;
driver (司機), in relation to a motor vehicle, means any person who is in charge of, or assisting in the control of, the vehicle;
driving licence or permit (駕駛執照或許可證) means a driving licence, a domestic driving permit, a domestic driving licence or an international driving permit within the meaning of the Road Traffic Ordinance (Cap. 374);
fixed penalty (定額罰款) means the fixed penalty referred to in section 7;
idling (引擎空轉) has the meaning given by section 4;
internal combustion engine (內燃引擎) has the same meaning as in the Road Traffic (Construction and Maintenance of Vehicles) Regulations (Cap. 374 sub. leg. A);
judgment amount (判決款額) means an amount ordered by a magistrate to be paid by a person (other than a complainant) under this Ordinance, whether by way of fixed penalty, additional penalty or costs;
motor vehicle (汽車) means any mechanically propelled vehicle that is constructed or adapted for use on a road;
passenger (乘客), in relation to a motor vehicle, means a person carried in or on the vehicle other than the driver;
penalty notice (罰款通知書) means a notice referred to in section 8;
proof of identity (身分證明文件) has the same meaning as in section 17B of the Immigration Ordinance (Cap. 115);
road (道路) means—
(a) a road within the meaning of the Road Traffic Ordinance (Cap. 374); or
(b) a private road within the meaning of that Ordinance.

3. Application
This Ordinance applies to all motor vehicles and drivers in the Hong Kong Special Administrative Region, including those of the Government and of the Offices set up by the Central People’s Government in the Hong Kong Special Administrative Region.

4. What is idling
For the purposes of this Ordinance, a motor vehicle is idling if any internal combustion engine forming part of, attached to or situated in or on the vehicle is operating while the vehicle is stationary.

### Motor Vehicle Idling (Fixed Penalty) Ordinance 《汽車引擎空轉(定額罰款)條例》

5. Idling prohibited
(1) The driver of a motor vehicle must not cause or permit the vehicle to be idling on a road for more than 3 minutes in any 60-minute period.
(2) This section does not apply to—
(a) a driver referred to in Schedule 1; or
(b) a driver who is exempted, or is in a class of drivers that is exempted, under section 6.

6. Exemptions by Director
(1) The Director may exempt a driver or class of drivers from section 5 subject to any conditions the Director thinks fit, if the Director is satisfied that exceptional circumstances exist that make it impractical or unreasonable for the driver or drivers of the class to comply with section 5.
(2) For the purposes of subsection (1), the Director may determine a class of drivers in any manner the Director chooses, including a class determined by the type of motor vehicle or the type of activity in which the driver is engaging.
(3) An exemption may apply generally or be limited to a particular area or a particular time or both.
(4) If the Director exempts a driver, the Director must give the driver written notice of the exemption.
(5) If the Director exempts a class of drivers, the Director must publish notice of the exemption in the Gazette.
(6) A notice of exemption is not subsidiary legislation.

7. Fixed penalty
(1) A person who contravenes section 5 does not commit an offence but is liable to pay a fixed penalty of $320 for the contravention.
(2) The Legislative Council may, by resolution, amend the amount of the fixed penalty specified in subsection (1).

8. Authorized officer may give penalty notice
(1) If an authorized officer has reason to believe that a person is contravening or has contravened section 5, the officer may give the person a notice in the prescribed form requiring him or her to pay the fixed penalty for the contravention.
(2) The notice may be given to the person personally or by affixing it to the motor vehicle.

9. Power to demand personal details, proof of identity and driving licence or permit
(1) If an authorized officer has reason to believe that a person is contravening or has contravened section 5, the officer may, for the purpose of issuing or serving a summons or other document in relation to the contravention, require the person to—
(a) supply his or her name, date of birth, address and contact telephone number (if any); and
(b) produce for inspection his or her proof of identity and driving licence or permit (if any).
(2) A person who, without reasonable excuse, fails to comply with a requirement made under subsection (1) commits an offence and is liable to a fine at level 2.

### Motor Vehicle Idling (Fixed Penalty) Ordinance 《汽車引擎空轉(定額罰款)條例》

10. Supply of false information
A person who, in purported compliance with a requirement made under section 9(1), supplies any information that he or she knows is false or misleading commits an offence and is liable to a fine at level 2.

11. Demand notice if person fails to pay fixed penalty or refuses to accept penalty notice
(1) This section applies if a person—
(a) fails to pay the fixed penalty within 21 days after being given a penalty notice; or
(b) refuses to accept a penalty notice intended to be given to him or her.
(2) The Authority may serve on the person a notice in the prescribed form—
(a) demanding payment of the fixed penalty;
(b) informing the person that he or she must notify the Authority in writing if he or she wishes to dispute liability for the contravention to which the fixed penalty relates; and
(c) stating that the payment or notification must be made within 10 days after the date of service of the notice.
(3) A demand notice cannot be served later than—
(a) if subsection (1)(a) applies, 6 months after the date on which the penalty notice was given; or
(b) if subsection (1)(b) applies, 6 months after the date of the refusal.
(4) A demand notice may be served by sending it by post to the person’s address.
(5) A certificate of posting in the prescribed form purporting to be signed by or for the Authority is admissible in evidence in any proceedings under this Ordinance and, unless there is evidence to the contrary, it must be presumed that—
(a) the certificate was signed by or for the Authority; and
(b) the demand notice to which the certificate relates was duly served.

12. Withdrawal of penalty notice or demand notice
(1) The Authority may withdraw a penalty notice or demand notice at any time—
(a) before an order is made under section 13; or
(b) before the issuing of a summons commencing proceedings under Division 4.
(2) If a penalty notice or demand notice is withdrawn—
(a) the Authority must serve notice of the withdrawal on the person to whom the penalty notice or demand notice applied; and
(b) on application by the person, the Authority must refund, through the Director of Accounting Services, any amount paid in respect of the fixed penalty.