Driver Identity, Offence Points and Permits 司機身分、違例記分及許可證

Ensuring the Identity of the Driver Providing Service 確保提供服務的司機身分

For taxis, a person authorised to drive must hold both a valid taxi driving licence and a taxi driver identity plate. While carrying passengers, the driver must display the plate inside the vehicle so that passengers and law enforcement officers can check who is driving. This also helps to prevent unlicensed driving and impersonation, which protects passengers.

For ride-hailing services, identity checks run through the licensed platform. Before and during operation, drivers must complete the procedures the platform requires, facial recognition being one example. When confirming a booking, the platform must also give the passenger the driver's photo and relevant information, such as the surname, so that the passenger can identify the driver.

Taxi-Driver-Offence Points System 的士司機違例記分制度

The system covers 11 offences in three layers. The 10-point offences are overcharging; wilfully refusing or neglecting to accept a hire; refusing or neglecting to drive a taxi to the place indicated by the hirer; and defacing, damaging or altering a taximeter. The 5-point offences are soliciting; driving other than by the most direct practicable route; permitting any person other than the hirer to enter the taxi without the hirer's consent; and deceiving or refusing to inform a passenger or intending passenger as to the proper fare and route. The 3-point offences are refusing or neglecting to carry the number of passengers required by the hirer; refusing or neglecting to issue a receipt; and not setting the taximeter to the recording position. The four 10-point offences also trigger the two-tier penalty system: the maximum is a fine of HK$10,000 and 6 months' imprisonment for a first conviction, and a fine of HK$25,000 and 12 months' imprisonment for a subsequent conviction.

The 2-year period is rolling and is counted by reference to the date the scheduled offence was committed, not the date the points were incurred. At 8 points or more but less than 15 within any 2-year period, the Commissioner for Transport issues an Advice of Taxi-Driver-Offence Points. At 10 points or more, the Commissioner issues a Notice of Obligatory Attendance of Taxi Service Improvement Course, and the driver must attend and complete the course at his own cost within 3 months from the date of the Notice. Failing to do so without reasonable excuse is an offence, liable on conviction to a fine of HK$5,000 and imprisonment for 1 month, and the driver must still complete the course at his own cost within the time limit set by the court order.

A driver who completes the course, passes the examination and receives the completion certificate has points deducted: 3 points if the total before deduction is larger than 3, or all the points if the total is not larger than 3. Counting on the completion day, no points are deducted in four cases: the driver fails the course examination; the driver has no relevant points; the total is 15 or above; or points were already deducted for completing the course within the previous 2 years.

A driver who incurs 15 points or more within a 2-year period is liable to be disqualified from driving a taxi, subject to the court's order: 3 months for the first disqualification and 6 months for each subsequent one. Once the driver is disqualified as a result, the related entries in the Register of Taxi-Driver-Offence Points are cancelled and those points have no effect.

Cancellation of Ride-hailing Vehicle Driving Permit 網約車車輛駕駛許可證可被取消

Disqualification from driving a taxi under the Taxi-Driver-Offence Points Ordinance (Cap. 647) also affects ride-hailing work. An existing ride-hailing vehicle driving permit is temporarily suspended during that period, and a person without a permit is not eligible to apply for one during that period.

Under the Road Traffic (Driving-offence Points) Ordinance (Cap. 375), a disqualified driver's ride-hailing vehicle driving permit is of no effect for as long as the disqualification remains in force. It makes no difference whether the permit was obtained before or during the disqualification.

If the holder's full driving licence to drive a private car or light goods vehicle is cancelled, the permit is cancelled as well. Keep the three outcomes apart: temporary suspension under Cap. 647, no effect during the disqualification under Cap. 375, and cancellation of the permit when the full driving licence is cancelled.