### Road Traffic Ordinance 《道路交通條例》

136. Restriction on use of AVs
(1) No person may—
(a) use an AV; or
(b) permit the use of an AV,
on a road, unless the use is a pilot use.
(2) Despite subsection (1), a person may use an AV on a road if—
(a) a movement permit is issued under regulation 53 of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374 sub. leg. E) for the AV; and
(b) the use conforms with the movement permit and the conditions of the permit.
(3) If a person contravenes subsection (1)(a) or (b), the person commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 2 years.

137. Defence for pilot proprietors or owners of AVs
(1) If a pilot proprietor of a pilot AV or the owner (whether a registered owner or not) of an AV (defendant

138. Secretary may make regulations
The Secretary may make regulations to—
(a) regulate the carrying out of AV schemes on a pilot basis;
(b) provide for matters that would facilitate attaining the pilot object; and
(c) provide for any other matters related to paragraph (a) or (b).

139. Pilot licences and AV certificates
(1) The Pilot Regulation may provide for—
(a) the application, issue, renewal, replacement, variation, transfer, suspension or cancellation of—
(i) licences to carry out AV schemes; and
(ii) certificates for AVs under such AV schemes; and
(b) the conduct of pilot participants.
(2) The Pilot Regulation may provide for the publication of notices to notify the public of information about pilot licences.
(3) A notice mentioned in subsection (2) is not subsidiary legislation.

140. Registration, licensing, etc.—special provisions for AVs
(1) The Pilot Regulation may—
(a) exempt an AV from a specified provision;
(b) disapply a specified provision to or in relation to an AV; or
(c) provide for the application of a specified provision to or in relation to an AV with exceptions, modifications or adaptations.
(2) Without limiting subsection (1), a provision of the Pilot Regulation made pursuant to that subsection may empower the Commissioner, in relation to a particular AV or a particular type of AV, to—
(a) waive or modify any requirement under this Ordinance for registration or licensing; or
(b) refuse, suspend or cancel registration or licensing under specified circumstances.
(3) In this section—
specified provision (指明條文) means a provision of this Ordinance relating to registration or licensing of vehicles or limits of the number of vehicles.

### Road Traffic Ordinance 《道路交通條例》

141. References to driver
(1) Without affecting section 146(1), the Pilot Regulation may provide for how a reference to a driver in any provision of this Ordinance or of any other Ordinance is to be interpreted for an AV.
(2) An interpretative provision may specify that a reference to a driver is taken to be a reference to any one or more of the following—
(a) no person;
(b) a backup operator;
(c) a pilot proprietor;
(d) the owner of the relevant AV;
(e) any other person specified in the provision.
(3) If the Secretary is not charged with responsibility for the relevant provision, the Secretary must consult the Director of Bureau charged with responsibility for the provision before making an interpretative provision in respect of the provision.
(4) An interpretative provision may specify different persons for different circumstances, and may be made—
(a) generally; or
(b) in relation to any particular case, including in relation to (whether in whole or in part) a particular pilot matter.
(5) Unless the Secretary makes an interpretative provision that provides otherwise—
(a) a reference to a driver in a provision of this Ordinance or any other Ordinance (driver provision

142. Disapplication provisions
(1) Without affecting section 146(1), if the Secretary is satisfied that the requirements in subsection (2) are met, the Pilot Regulation may, with or without conditions—
(a) exempt a pilot matter from a provision of this Ordinance or any other Ordinance;
(b) disapply a provision of this Ordinance or any other Ordinance to or in relation to a pilot matter; or
(c) provide for the application of a provision of this Ordinance or any other Ordinance to or in relation to a pilot matter with exceptions, modifications or adaptations (modified application

143. General provisions of Pilot Regulation
The Pilot Regulation may provide for the following matters—
(a) the general control of the use of AVs;
(b) the conduct of any persons (whether pilot participants or not) in relation to the use of AVs;
(c) the construction and maintenance of AVs, AV systems and AV equipment;
(d) the protection of third parties against risks of personal injury or property damage arising out of the use of AVs;
(e) the prohibition of interference with AVs, AV systems and AV equipment;
(f) the maintenance of records relating to AVs, AV systems and AV equipment;
(g) the reporting and investigation of incidents or accidents that involve AVs, AV systems and AV equipment;
(h) the review by a Transport Tribunal of decisions made under the Pilot Regulation.

### Road Traffic Ordinance 《道路交通條例》

144. Fees
(1) The Pilot Regulation may—
(a) prescribe the fees that may be charged for—
(i) the application for and the issue, renewal and replacement of pilot licences and AV certificates; and
(ii) any matter arising under the Pilot Regulation; and
(b) authorize the Commissioner to waive, exempt, reduce or refund the whole or any part of such fees.
(2) For the purposes of subsection (1)(a)—
(a) different fees may be prescribed for different types of pilot licences or different types of AV certificates; and
(b) different fees may be prescribed for different circumstances.
(3) A fee—
(a) may be prescribed at levels which provide for the recovery of expenditure incurred or likely to be incurred by the Government in relation generally to the administration of matters relating to the pilot object; and
(b) need not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred for any particular matter.

145. Penalties for offences
The Pilot Regulation may provide that a contravention of any provision of the Regulation is an offence punishable by a fine not exceeding level 4 and imprisonment not exceeding 2 years.

146. Commissioner may make disapplication notices
(1) If the Commissioner is satisfied that the requirements in subsection (2) are met, the Commissioner may by notice, with or without conditions—
(a) exempt a pilot matter from a traffic provision;
(b) disapply a traffic provision to or in relation to a pilot matter; or
(c) provide for the application of a traffic provision to or in relation to a pilot matter with exceptions, modifications or adaptations (modified application

147. Variation, suspension or revocation of disapplication notices
(1) The Commissioner may vary, suspend or revoke a disapplication notice for any reason, including a reason specified in subsection (2).
(2) The reasons are that—
(a) the safety of the pilot matter would be undermined or it would endanger any person or thing if the disapplication notice is not so varied, suspended or revoked; and
(b) a condition in the disapplication notice has not been complied with.
(3) A variation or revocation of a disapplication notice under subsection (1) includes varying or revoking a condition in the notice or attaching any new condition to the notice.

148. Failure to comply with conditions in disapplication notices
(1) If a person fails to comply with a condition in a disapplication notice, the relevant exemption, disapplication or modified application does not, while the non-compliance continues, operate in the person’s favour.
(2) If, because of subsection (1), the person commits an offence because of the non-compliance, the person may be proceeded against for that offence.