Welcome to Tesla Motors Club
Discuss Tesla's Model S, Model 3, Model X, Model Y, Cybertruck, Roadster and More.
Register

Hong Kong Expressway Permits - Changing Government

This site may earn commission on affiliate links.

markwj

Asia Pacific
Moderator
Apr 10, 2011
4,681
1,380
Hong Kong
Currently, in Hong Kong, the law states that in order to be permitted on an expressway (aka highway), a car has to have a minimum size engine (specified as number of CCs of the ICE). As EVs have 0cc engines, they are not permitted on the expressway without a special permit being issued.

Tesla Hong Kong have shown that this process takes at least 4 weeks or so, from first registration of the car. As the number of EVs grow, this is becoming a bigger issue, and is a real dis-incentive to buying an EV for some people.

I want to get this changed.

A LEGCO (legislative council) question was recently raised on this:

LCQ 19: The wider use of electric vehicles

and the government response was that if you apply for the expressway permit at the same time as first registration, you get it in two days. Sounds reasonable and easy, so knowing the real situation, I went that route when applying for registration of my new Tesla Roadster this week. True enough, I got the expressway permit immediately. The problem: it is only valid for 1 month!

So here is the reason: The government currently requires that when you apply for an expressway permit you show them an insurance document, and the permit will not be issued with an expiry date later than the insurance document. See:

Transport Department - Permits

As I only had a 30 day cover note, I only got 30 days of permit.

I see nothing in the regulations (http://www.hklii.org/hk/legis/en/reg/374E/s50a.html) that require this. It is up to the Commissioner to determine what he requires and how he implements this. He has chosen to do it in a bureaucratic and impractical way.

It turns out that if you apply for the permit at the same time as first registration, you do get it in a day or two. If, however, you apply later then the application procedure takes 3 weeks. But, when you first register a car, you will only have an insurance cover note (at best) and that can only be 30 days until the insurance company issues a formal certificate valid for 1 year (it takes them a couple of weeks to do this). The insurance company won't issue a formal certificate without seeing the vehicle registration document. Catch 22.

So, you have two choices in HK at the moment:

1. Get a 30 day cover note. Quickly get a 30 day expressway permit. When your insurance certificate arrives, in a couple of weeks, renew the expressway permit. Result: you can drive on the expressway legally, but have to jump through bureaucratic hoops.

2. Wait a couple of weeks for the certificate of insurance, and then apply for expressway permit (waiting 3 more weeks). Result is just one application, but you have to wait 5 to 6 weeks to get the permit to be able to legally drive on the expressway.

I chose 1 (to clearly demonstrate the point by doing it the way the Secretary for the Environment specifically suggested) and am now going to pursue this with government with a view to getting this changed.

Long-term, the best solution is to change the law to allow a vehicle to be type-approved for the expressway and remove the permit requirement all together.

Short-term, the goal is to pursued the Commissioner to change his policy to not restrict the expiry date of the permit to be later than insurance cover. There is precedent for this in that the road tax is issued for up to 1 year, irrespective of how many days of insurance you have (so long as you have insurance on the day you apply).

Using my case as an example, I am now writing to the Commissioner, Mr Cheung Hok-ming and the Secretary for the Environment (Edward Yau), to point out the catch 22 and bureaucratic nonsense, to get this changed.

Sorry for the lengthy post, but my goal is to get EVs on the road in Hong Kong and I thought it useful to document the process. I'll update this thread with any response I get, or changes I see. Please let me know your thoughts, and if anyone can offer any help it would be much appreciated.
 
The legislation:

374Q Title: ROAD TRAFFIC (EXPRESSWAY) REGULATIONS Regulation: 4

1) Subject to subregulation (2) and regulations 23 and 24, no person shall drive or use on an expressway any vehicle unless it is-

(a) a private car;
(b) a taxi;
(c) a private light bus;
(d) a private bus;
(e) a public bus;
(f) a light goods vehicle;
(g) a medium goods vehicle;
(h) a heavy goods vehicle;
(i) a motor cycle;
(j) a motor tricycle; or
(k) a recovery vehicle,
of which the cylinder capacity of the engine is not less than 125 cubic centimetres.

(2) Subregulation (1) shall not apply to-
(a) a trailer which is being towed by a vehicle referred to in subregulation (1) or in paragraph (b) or (c);
(b) a motor vehicle in respect of which a permit is issued under regulation 50A of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap 374 sub. leg. E); or
(c) a motor vehicle other than one of those referred to in subregulation (1), which is-
(i) owned by the Government, the Urban Council or the Regional Council; or
(ii) used by Her Majesty's forces,
in respect of which written permission has been given by the Commissioner to use an expressway.

374E Title: ROAD TRAFFIC (REGISTRATION AND LICENSING OF VEHICLES) REGULATIONS Regulation: 50A

(1) The registered owner of a motor vehicle which is not permitted to be used or driven on an expressway under regulation 4(1) of the Road Traffic (Expressway) Regulations (Cap 374 sub. leg. Q) may apply to the Commissioner for a permit ("expressway permit") which authorizes him to drive his vehicle or cause it to be driven by another person authorized by him on an expressway.
(2) The Commissioner may, on receipt of the payment of the appropriate fee prescribed in Schedule 2, issue an expressway permit subject to such conditions and for such period as the Commissioner may think fit.
(3) No expressway permit shall be valid for more than 12 months. (L.N. 52 of 2007)
(4) The holder of an expressway permit and any person who drives on an expressway a motor vehicle to which such permit relates shall comply with the conditions, if any, of the permit.
 
The legislation:

374Q Title: ROAD TRAFFIC (EXPRESSWAY) REGULATIONS Regulation: 4

(2) Subregulation (1) shall not apply to-
(c) a motor vehicle other than one of those referred to in subregulation (1), which is-
(ii) used by Her Majesty's forces,

Do Her Majesty's forces keep many vehicles in Hong Kong these days?
 
Hong Kong law is typically taken from UK law. Does anyone know if there is/was any such regulation in effect in the UK for electric vehicles on the highway? I seem to remember there was a restriction in place for mopeds (or motorcycles less than 125cc).
 
Hong Kong law is typically taken from UK law. Does anyone know if there is/was any such regulation in effect in the UK for electric vehicles on the highway? I seem to remember there was a restriction in place for mopeds (or motorcycles less than 125cc).

I have been out of the UK for some time now....but it used to be that the restriction on mopeds and low cc motorcycles was related to a) their inability to maintain minimum speeds and b) the fact that you could ride them at age 16 with only a provisional license. Similarly, there were restrictions on farm vehicles as they could not maintain minimum speeds.

I am sure that someone currently in the UK will correct me if any of this has changed in the last few years.
 
The alternative would be to ask them to reframe the 125cc requirement so that it alternatively has a kW or bhp interpretation.

I suspect they just copied the UK regulation. The 125cc similarity is too much of a coincidence. I'm just wondering how UK changed as they have had EVs for a while. Probably easiest to get them to copy the new UK change a well ;-)

Interesting idea about kW equivalent. Particularly as electric motorcycles now coming.
 
I have been out of the UK for some time now....but it used to be that the restriction on mopeds and low cc motorcycles was related to a) their inability to maintain minimum speeds and b) the fact that you could ride them at age 16 with only a provisional license. Similarly, there were restrictions on farm vehicles as they could not maintain minimum speeds.

I am sure that someone currently in the UK will correct me if any of this has changed in the last few years.

AFAIK, UK law states which vehicles may NOT use motorway-class roads, rather than those which may. The prohibited classes are pretty much as you describe them, and haven't changed for a while.

The Segway and similar vehicles have problems in the UK (you can't ride them on pavements, nor on the road), but battery-assisted bicycles are ok, somehow.

Nik
 
The alternative would be to ask them to reframe the 125cc requirement so that it alternatively has a kW or bhp interpretation.

Interesting piece just came out on 2011-05-04:

TAC briefed on progress of Sha Tin to Central Link and use of electric vehicles on expressways

TAC members were also briefed on the Administration's study on a measure to facilitate use of electric vehicles (EVs) on expressways. Under current traffic regulations, an electric vehicle propelled purely by an electric motor and with no cylinder engine is not allowed to run on expressways unless it is given an expressway permit. Members noted that to facilitate appropriate EVs to run on expressways, the rated power of an electric motor is proposed to be a criterion and suitable thresholds will be set for screening appropriate EVs to access expressways without requiring expressway permits.The rated power of an electric motor of an EV is analogical to the cylinder capacity of a gasoline/diesel engine.

"We note that the Transport Department (TD) has researched into overseas practices and collected views from vehicle manufacturers and the motor trade, technical bodies and local experts on electric vehicles before coming up with the proposals.The TAC agrees that with a suitable criterion and thresholds for allowing EVs to run on expressways, the use of EVs in the territory would be facilitated," Mr Yuen said.The TD will pursue the necessary legislative amendments with a view to implementing the measure in 2011.

Sounds like they are moving towards something along the lines of what you suggest.
 
It's always seemed to me that governments have a complete incapacity to step back to what I'd call the 'root cause requirements'. Maybe it's a lack of imagination. While having an EV power equivalent patches over the current goof, I'm left wondering if they would really be better off spec'ing a 0-highway speed time. If you can make the car lighter, you could get away with a smaller engine, or other way of providing motion (e.g., a compressed air car, as much fun as can be made of it) could conceivably meet the heart of the requirements which is to not clog up the expressways with things that can't get to and hold a traffic flow speed - and, presumably, meet other at-speed safety requirements.
 
I don't think the _law_ can be so flexible. My problem is not actually with the law. They will change it, and that will take time. Maybe they should have started the process earlier, but there are still less than 100 EVs on the road here.

They have the expressway permit system (which is a good way to deal with emerging technologies) - the problem is when civil servants get involved and make the process of getting the permit too cumbersome and illogical.

Maybe there is some reason it takes 3 weeks. Maybe there is some legislative restriction that means they must tie the expiry date to insurance term, or even why they need to see insurance coverage. But, I doubt it. I suspect that someone simply made a bad interpretation of the regulation. They erred to be cautious and to ask for more than necessary - no one in government ever got fired for being too cautious or for asking for documents not necessarily required.

It will be interesting to see what they say. One good thing about Hong Kong is that government here is responsible and approachable. Most things are very clear and straightforward.
 
I sent my letters in on 9th May.

Just got a reply from Transport Department (delivered 21st May, dated 19th May) saying that they have received my letter, are looking into the matter and will give me a 'substantive reply' as soon as possible. They also provided a direct contact and telephone number.

I have a feeling they are looking for a legal reason for the current policy.

I plan to reply that my permit will expire in a couple of weeks, and need an urgent reply to get this problem addressed before it expires.
 
I renewed my expressway permit today. Procedure wasn't too bad (which, I have to say, is the case with most Hong Kong procedures). Get the paperwork together, fill in the forms (in duplicate), go there, apply, get called back to the counter twice. Spent about 20mins inside the transport department, and about 3 to 4 hours in total. 1 wasted afternoon times 2 times the number of EV cars being registered.

They gave me an 11 month permit, based on the 11 months remaining on the insurance document.

IMHO, assuming they can now do on-the-spot issue and renewal, the only problem for this temporary arrangement of expressway permits is the insurance requirement, and especially the tie of the permit expiry date to insurance expiry. Without that, it would not be too bad as an interim measure until they change the law. But, with the insurance expiry connection, this is a waste of time and resources.
 
After six weeks, still no substantive reply from Transport Department. They have sent two 'holding' letters, but no reply to the points raised.

I suspect that they are unwilling to make the change as that would be an admission that the legislation doesn't require them to link the permit expiry date to insurance coverage, and that could be seen as a mistake on their part in formulating the procedures. They are most likely trying to find some excuse (however tenuous) while they stall for the legislative changes that are supposedly coming this year (but as with such things may slip another year due to the legislative process).

I have heard from Tesla Hong Kong that the Transport Department has told them that expressway permits can now be issued 'same day' for certain classes of EV (presumably Tesla included) even if the application is made some time after first registration. That is a small win, but still doesn't address the core concern of insurance coverage term. If the applicant delayed the permit for the three weeks it takes to get the insurance certificate, he would still be unable to drive on the expressway in those three weeks (down from six weeks with the previous arrangement).

I have today tried to escalate this to Mr Edward Yau (the secretary for the environment), as:

I am extremely disappointed by the answer given by Mr Edward Yau, Secretary for the Environment, to the question asked by Mr Cheung Hok-ming in “LCQ 19: The wider use of electric vehicles”. Presumably based on information provided by the Transport Department, by not mentioning the 30 day permit duration or insurance coverage complexity, Mr Yau has provided an incomplete answer. In a court of law (and in Legco), an answer should contain the truth, the whole truth, and nothing but the truth, and this answer deceived by omission when presenting the application procedure as so quick and simple.

The answer given was “An EV owner may apply for vehicle first registration and an expressway permit at the same time.*In general, the permit, together with the vehicle registration document and the vehicle licence, can be issued to the applicant on the second working day after the application.” This presents the procedure as straightforward and simple, and neglects to mention that the license will be valid for 1 year, but the permit valid for only 30 days. Given the information presented, and the public press release issue with the reply, I suggest that it would be best for Mr Yau to work with the Transport Department to correct his public statement to Mr Cheung.

I, and other EV drivers I have spoken to, intend to publicise this to the press and legco representatives that will listen. Both the Hong Kong and China governments are pushing towards, and supporting, the wider adoption of Electric Vehicles, but the Transport Department appears to be the department that is dragging their heels and making this overly complicated and onerous on the owners/drivers.
 
I really wish you luck. Government bureaucrats, no matter the country or party affiliation, seem to be the same worldwide. And since I have nothing good to say, I'm shutting my mouth.

Thanks.

I'm 99% certain that by the time it comes to renew my permit, the law will have been changed and it will not be an issue. However, in the interim we've got >200 EVs coming on line this year, and each one of those is going to have to go through this waste of time before being allowed to drive on the freeway. The problem comes down to a procedural issue now (not law) - all we need to do is convince them to streamline that as much as possible.

I'm concerned that this problem will leak as bad-press for EV adoption (just another reason not to get an EV). Given the transport departments lack of response, I think we have no choice but to go to the press now. Better to get publicity with our message, rather than allow the bad publicity to come later out of our control.