HONG KONG – Children traveling in private cars in Hong Kong will be required to use a child restraining device (CRD), such as a child safety seat, from Nov 1.

A fixed HK$230 fine may be issued to any drivers failing to use safety seats or similar devices, the Transport Department said on Monday.

Under the new rule, children under 8 must use CRDs while traveling in private cars irrespective of whether they are sitting in the front or rear seats, unless they are 1.35 meters or taller.

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Passengers aged 8 or above, or with a body height of at least 1.35m must either use a CRD or wear an adult seat belt, the Transport Department said on Monday. “Otherwise, the driver must not drive the car on any road.”

Apart from conventional types of child safety seats, other types of portable CRDs – such as seat belt adjusters, wearable safety restraint vests, and foldable boosters – are available in the market.

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“The new requirement aims to enhance protection for children and passenger safety. CRDs provide effective protection for child passengers in traffic accidents and they can substantially reduce the risks of being killed or seriously injured,” said a spokesman for the Transport Department.

In addition to the fixed penalty notices, police may refer serious cases to court, and a maximum fine of HK$2,000 may be imposed.

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To allow for exceptional circumstances, two statutory defenses have been outlined under the amended regulations. Firstly, a private car driver may have reasonable grounds to believe that a passenger has reached 8 years of age or a body height of 1.35m; and secondly, a driver transporting a child in an emergency may not have had time to arrange for the use of a CRD.