Q9. In case of serious traffic congestion, if a passenger insists to take off in the middle of the road, will the taxi driver be charged?
It depends on whether the place where a passenger insists to take off permits the taxi to stop and take off passenger.
Prohibited zone/restricted zone
No taxi driver can pick up or set down a passenger in a restricted zone or a prohibited zone designated by the Commissioner for Transport, unless a restricted/prohibited zone permit was issued to that taxi according to the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374E), under Regulation 14(8)(b) of the Road Traffic (Traffic Control) Regulations (Cap. 374G): see Regulation 14(6) of Road Traffic (Traffic Control) Regulations (Cap. 374G).
Any person who without reasonable excuse contravenes Regulation 14(6) commits an offence and is liable to a fine of $2,000: see Regulation 61(2) of Road Traffic (Traffic Control) Regulations (Cap. 374G).
Thus, if the place of alighting passenger is within the prohibited zone or restricted zone, the taxi driver may be charged under Regulation 14(6) of Road Traffic (Traffic Control) Regulations (Cap. 374G).
Area prohibiting stopping
Under Regulation 45 of the Road Traffic (Traffic Control) Regulations (Cap. 374G), subject to Regulation 14 of the Road Traffic (Traffic Control) Regulations (Cap. 374G) and to any direction given by a police officer in uniform or traffic warden in uniform, a driver of a vehicle on a road shall not stop within an area designated as a—
- bus stop;
- public light bus stopping place or public light bus stand;
- taxi stand; or
- rail stop.
Any person who without reasonable excuse contravenes any of the provisions of, or any requirement under, Regulation 45 of Road Traffic (Traffic Control) Regulations (Cap. 374G) commits an offence and is liable to a fine of $2,000: see Regulation 61(2) of Road Traffic (Traffic Control) Regulations (Cap. 374G).
Other areas
According to Chapter 5 of Road Users’ Code – For All Drivers – Where Not to Stop (see: https://www.td.gov.hk/en/road_safety/road_users_code/index/chapter_5_for_all_drivers/where_not_to_stop_/index.html), vehicle drivers are not permitted to stop at the following places, and thus cannot alight passengers :-
- On an expressway;
- In a ‘No stopping’ zone during the restriction time;
- On a ‘Zebra’ or ‘Green man’ crossing;
- In a zebra-controlled area marked with zigzag lines unless you are giving precedence to pedestrians or are waiting to make a left or right-turn;
- At a bus stop, public light bus stand or taxi stand (except permitted users);
- On parts of a roadway on which you are normally not allowed to enter, for example bus lanes, hard shoulders and cycleways;
- In a tunnel area or control area;
- On a yellow box marking or yellow striped ‘green man’ crossing;
- Near a ‘Green man’ crossing;
- Near a pedestrian crossing place, for example where there is an island on the road;
- Near traffic lights;
- Near a school crossing patrol;
- On a major dual carriageway;
- Near or at a junction;
- Near or on a roundabout;
- Where danger is likely to be caused to the taxi or passengers.
Generally speaking, a taxi driver would not be charged for alighting passenger for places other than those mentioned above.