Bus seat belt law not at the end of the road despite the fiasco of the first attempt

A new law requiring passengers to wear seat belts on Hong Kong buses was supposed to mark the start of a long journey ensuring greater safety. But the trip turned out to be surprisingly short. The rule only lasted 13 days. The long-anticipated legal step should not have been revolutionary. It is common knowledge – and common sense – that the wearing of a belt can save life and limb in an accident. But the practical implications were not thought through. A public backlash highlighted a catalogue of problems, from children being half-strangled by ill-fitting belts to passengers struggling to extricate themselves in time to get off at their stop. This was not, however, the main reason for the government repealing the relevant provision on Friday. The confusion and inconvenience of passengers, who faced a potential fine of HK$5,000 or even a three-month prison term for failing to buckle up, was completely unnecessary. Anyone taking a close look at the relevant law should have been able to spot immediately that there was a problem. The government’s intention was that all passengers on public and private buses wear seat belts if available. But that is not what the law said. It only applied to buses registered from January 25 onwards, when the subsidiary legislation took effect. There are, it seems, no such buses on the road. When this was pointed out by former lawmaker Doreen Kong Yuk-foon, the government was left with little choice but to repeal the provision. It was an embarrassing climbdown. Now, officials must think again. It is extraordinary that no one noticed, amid a blitz of publicity about the new law, that it only applied to newly registered buses. This was not a loophole or a grey area. The law simply did not apply in the way the government intended. The fiasco has highlighted the need for officials, legislators, legal advisers and others involved to ensure laws are carefully drafted and properly considered. It is all the more important under the city’s “executive-led” system, with a legislature composed of “patriots” and no opposition, that policymakers feel the pulse of the community and proposed legislation is thoroughly scrutinised. The government, having repealed the law, has promised to review it and to hold a public consultation. It has had the good sense to admit to the “deficiencies” in the legislation and to start again. But this should not have been necessary. It is more than 20 years since the wearing of seat belts in minibuses became compulsory. Anyone who has braved a white-knuckle ride in one of the vehicles understands why this is necessary. Extending the rule to buses would appear to be a natural step. The need for stronger safety measures was highlighted, in tragic circumstances, in 2018 when 19 people died and 66 were injured when a double-decker crashed in Tai Po. Safety was said by the government at the time to be the “utmost priority”. The fitting of seat belts for passengers was among the measures contemplated. Franchised bus companies equipped their vehicles with the belts and 3,500 now have them, around 60 per cent of the fleet. But their use remained voluntary. The new legislation was enacted last September and the government stepped up public education and promotion of the need to buckle up on buses. An official press release on January 8 warned passengers they must wear seat belts, when available, once the law came into force. The press release contained a glaring error. It correctly stated that the law required buses registered on or after January 25 to be fitted with the restraints. But it also said bus drivers and passengers must, from that date, wear belts on the vehicles “whether newly registered or not”. This was incorrect. The legal blunder turned out to be a blessing in disguise. The practical problems faced by passengers need to be considered and the policy improved. There were reports of passengers crowding on the lower deck because they were worried about not having time to unbuckle and alight at their stop. Some belts were too tight and others too loose. Children ended up with belts across their necks. Mothers with babies or toddlers, required to buckle up before holding the child, not surprisingly found the manoeuvre problematic. The “stop” button could not be reached. Some passengers chose to stand instead, which is probably even more dangerous. There are many practical problems that deserve attention. The new law is said to have followed a study of similar legislation overseas. But other big cities do not require seat belts to be worn on urban routes. The UK chose not to require the mandatory fitting or wearing of belts on such buses, because the journeys are short and “undertaken at moderate speeds”. Mandatory seat belt rules on other buses only apply to people aged 14 and above. Hong Kong’s conditions, it might be argued, are different. The government has pointed out that some buses use highways, where speed picks up. The roads can also be steep. The police, thankfully, adopted a measured approach when the law was introduced. No one was arrested for not wearing a seat belt. But if wearing belts does become a requirement, the rule is likely to be strictly enforced. Last October, a video of undercover police officers taking part in an operation to catch minibus passengers neglecting to wear belts went viral. Summonses were issued to 31 people. Hong Kong is gradually taking steps to improve road safety. A new requirement that children under eight use restraint devices in private cars was introduced last year. The UK introduced similar rules in 2006. A law restricting drivers to a maximum of two devices, such as mobile phones, on their dashboard was introduced last month in a bid to limit such distractions. Secretary for Transport and Logistics Mable Chan said new plans for seat belts on buses would include inviting experts to study their “design, hardware and efficacy”. That is a necessary step. Passengers should, in the meantime, be encouraged to “Be Smart, Buckle Up” as a 2004 campaign put it. The wearing of suitable seat belts that fit and can be easily released for a quick exit will make bus trips safer. The government’s plans have come to a stop but not reached the end of the road. With more careful steering, they can reach their destination, safely, conveniently and with the support of bus passengers.

Bus seat belt law not at the end of the road despite the fiasco of the first attempt

.css-1c6uqr6{color:inherit;font-weight:inherit;font-size:inherit;font-family:inherit;line-height:inherit;overflow-wrap:break-word;}Legal blunder that saw legislation repealed is a blessing in disguise. Problems faced by passengers need to be considered and the policy improved

Legal blunder that saw legislation repealed is a blessing in disguise. Problems faced by passengers need to be considered and the policy improved