Safety of the use of electric wheelchairs (2014/01/08)

Following is a question by the Hon Yiu Si-wing and a written reply by the Secretary for Food and Health, Dr Ko Wing-man, in the Legislative Council today (January 8):

Question: 

     Electric wheelchairs are the means to achieve mobility for some persons with disabilities and certain elderly people. It has been reported that quite a number of wheelchair users have modified their electric wheelchairs (e.g. increasing the travelling speed of the wheelchairs as well as retrofitting shopping baskets and creating space for standees, etc.). Given that electric wheelchairs are not categorised as a mode of transport, they are not regulated by the Transport Department. However, some members of the public have pointed out that electric wheelchairs travelling at high speed on pavements and pedestrian crossings might pose safety hazards to wheelchair users and pedestrians. In this connection, will the Government inform this Council:

(1) of the number of complaints received by the authorities from 2010 to 2012 about electric wheelchairs posing safety hazards or causing obstruction to pedestrians;

(2) whether it has formulated safety standards in respect of the structure, weight and maximum travelling speed of electric wheelchairs, and how it ensures that modified electric wheelchairs are in compliance with these standards; if it has, of the details; if not, the reasons for that; and;

(3) other than section 4(8) of the Summary Offences Ordinance (Cap. 228), whether there are other laws imposing penalties on persons using electric wheelchairs improperly; if there are, of the details; if not, the reasons for that?

Reply:

President,

     Upon consultation with the Transport and Housing Bureau, the Commerce and Economic Development Bureau, the Transport Department (TD), the Police and the Department of Health, my reply to the various parts of the question is as follows:

(1) From 2010 to 2012, the TD only received one complaint in 2012 about electric wheelchairs posing safety hazards or causing obstruction to pedestrians. The Police does not have the relevant statistics.

(2) and (3) To protect consumers, the Consumer Goods Safety Ordinance (Cap. 456) (the Ordinance) requires manufacturers, importers and suppliers to ensure that the consumer goods (including electric wheelchairs) that they supply in Hong Kong are reasonably safe. The Customs and Excise Department as the enforcement agency of the Ordinance would take into account the applicable safety standards published by standards institutes in determining whether consumer goods available for sale on the market comply with the Ordinance. For electric wheelchairs, the relevant standards include International Standard ISO 7176 and National Standard GB/T 12996-2012 published by the Mainland. 

     As regards the issues of inappropriate use of electric wheelchairs, their speed limit and safety hazard for other road users, our reply is as follows:

     As wheelchair users use pedestrian facilities, such as pavements and road crossings, they should follow the rules and guidelines applicable to pedestrians.  The public should respect wheelchair users' right to use road space, and wheelchair users should also respect the rights of others in use of roads and pay attention to others' safety.  To educate wheelchair users on correct usage of electric wheelchairs, the Rehabaid Centre under the Hospital Authority conducts therapeutic group training about safe operation of electric wheelchairs. This training offers advice and training on the proper use of electric wheelchairs in different situations, so that the users can travel safely when crossing the road and in crowded environments.

     In addition to the above guidelines, section 4(8) of the Summary Offences Ordinance (Cap. 228) stipulates that it is an offence if any person, in any public space drives recklessly or negligently or at a speed or in a manner which is dangerous to the public. The offender shall be liable to a fine of $500 or to imprisonment of three months. The speed of electric or non-powered wheelchairs that can result in danger is different under different circumstances. The Summary Offences Ordinance has not set a standard speed limit so that law enforcement agents can enforce the law according to the actual situation.