Legislative Council of the Hong Kong Special Administrative Region - Measures managing long working hours and occupational fatigue of bus drivers

ISE07/17-18

Subject:

transport, franchised bus, driver fatigue, working hours, occupational health

In Hong Kong, people rely heavily on road-based public transport for their daily commutes. In particular, franchised buses, being the second major mode of transport after railways, carried about 4 million passenger trips per day and accounted for 31% of overall public transport patronage in 2017. Yet, the two fatal bus accidents in 2017 and 2018 in Sham Shui Po^{1Legend symbol denoting On 22 September 2017, a Citybus double-decker mounted a pavement packed with pedestrians and ploughed into an overhanging canopy at a Sham Shui Po junction during rush hour, killing three people and injuring 29 others. See South China Morning Post (2017b) and (2017c).} and Tai Po^{2Legend symbol denoting On 10 February 2018, a KMB double-decker swerved out of control and flipped on its side as it travelled from Shatin racecourse towards Tai Po, killing 19 people with more than 60 injured. See South China Morning Post (2018).} respectively have aroused public concerns over the safety of public bus operation, particularly the working and rest time arrangements for bus captains. Subsequent to the recent accident, the Panel on Transport of the Legislative Council held a special meeting to discuss the matter. In response to the public concern, the Transport Department ("TD") reviewed and amended the Guidelines on Bus Captain Working Hours, Rest Times and Meal Breaks ("the TD Guidelines") in February 2018, and an Independent Review Committee on Hong Kong's Franchised Bus Service was set up in March 2018 to review the operation and monitoring of franchised buses.

The TD Guidelines were first promulgated in 1983 specifically for franchised bus to take into account when arranging duty rosters for full-time and part-time bus captains. The Guidelines are administrative in nature and now serving as the main instrument governing duty and driving hours of franchised bus captains in Hong Kong. However, in many overseas places, statutory limits have been imposed on working hours and rest periods for occupational drivers as part of the occupational health and safety requirements, and there are sanction provisions for non-compliance. In addition, some places have also put in places other measures and initiatives to manage driver fatigue and mitigate the risk of associated vehicular accidents.

This issue of Essentials begins with an update on the recent amendments to the TD Guidelines in Hong Kong, followed by a discussion on the approaches adopted by various overseas places to deal with driver fatigue and related issues, particularly in the public bus sector.

Risk of driver fatigue and working hours arrangements for franchised bus captains in Hong Kong

Fatigued or drowsy driving is considered as dangerous as other road safety issues, such as drink driving.^{3Legend symbol denoting See Dawson & Reid (1997) and Transport Accident Commission (2018).} It reduces a driver's general alertness and impacts his or her motor skills, reflex ability, and judgment in a traffic situation, thereby increasing the risks of accidents. The known causes of driver fatigue include: (a) long hours behind the wheel: it is more likely found among occupational drivers due to their long and irregular work schedules;^{4Legend symbol denoting See Sando et al (2010).} (b) chronic sleep debt: insufficient sleep causes fatigue, which can build up over time if sleep continues to be restricted; and (c) weakened bio-rhythm: deterioration of the biological body clock affects the sleepiness and alertness level and this is considered to be age-related.^{5Legend symbol denoting See Harvard Medical School (2007).}

Driver fatigue is however difficult to identify or recognize as a contributing factor to a crash. Hence, accidents resulting directly from driver fatigue tend to be under-estimated.^{6Legend symbol denoting See National Road Safety Committee (2007), Transport Accident Commission (2018) and European Transport Safety Council (2001).} While fatigue can hardly be avoided or totally eliminated, it can be effectively managed by, for example, imposing a cap on driving hours to reduce the associated risks.

In Hong Kong, the daily average working hours among franchised bus captains ranged between 9.8 hours and 10.6 hours in 2016,^{7Legend symbol denoting See GovHK (2017a).} while 51% of them worked overtime for at least two hours per day.^{8Legend symbol denoting Based on data of September 2017. See GovHK (2017b).} Currently, there is no law that regulates the working hours and rest time of franchised bus captains. However, franchised bus operators^{9Legend symbol denoting Currently, there are five franchised bus companies operating six bus franchises in Hong Kong, which are: (a) The Kowloon Motor Bus Company (1933) Limited; (b) New World First Bus Services Limited; (c) Citybus Limited (which operates two franchises for (i) Hong Kong Island and Cross-Habour Bus Network and (ii) Airport and North Lantau Bus Network); (d) Long Win Bus Company Limited; and (e) New Lantao Bus Company (1973) Limited.} must adhere to the TD Guidelines in arranging rest times and meal breaks for bus captains. The TD Guidelines were first adopted in 1983 for voluntary compliance. They were revised and promulgated in 1998 for full compliance of bus operators. In its submission to the Independent Review Committee on Hong Kong's Franchised Bus Service, TD indicates that "bus operators have been informed that non-compliance with the Guidelines would be considered as failure of proper and efficient bus services through our day-to-day verbal communications. There is no written statement nor file record of the above."^{10Legend symbol denoting According to Independent Review Committee on Hong Kong's Franchised Bus Service (2018), provision of proper and efficient bus service is the key consideration in granting of a new bus franchise to existing grantees upon expiry of their franchise.}

The TD Guidelines were last amended in 2010. Following the fatal bus accident in February 2018, the Guidelines have been further revised upon consultation with bus operators and staff unions. The major amendments are summarized as follows:

(a)	maximum duty hours are cut from 14 hours to 12 hours, and the cap of driving hours are reduced from 11 hours to 10 hours;
(b)	minimum rest time after six hours of driving (instead of duty) is lengthened from 30 minutes to 40 minutes;
(c)	break time between two successive shifts should not be less than 10 hours; whereas break time between three successive shifts should not be less than 22 hours; and
(d)	exception is given to special shift, which allows duty hours exceeding 12 hours but not more than 14 hours a day, with a minimum of three-hour break during the special shift.

The above changes are expected to be fully implemented in the second quarter of 2019. TD monitors bus operators' compliance through receiving their quarterly reports on the implementation and conducting regular monitoring surveys. Should any case of non-compliance be identified, TD would first follow up with the operator concerned, including seeking an explanation and rectification. If the situation persists and the operator fails to provide reasonable explanation or take remedial action, TD would issue a warning letter. According to the Government, franchised bus operators in general comply with the TD Guidelines, with the overall compliance rate over 96% in the past three years. For non-compliance cases, bus operators would rectify them once they are found.^{11Legend symbol denoting See Independent Review Committee on Hong Kong's Franchised Bus Service (2018).}

However, places like Singapore, South Korea and Taiwan have introduced regulations to impose limits on working/driving hours and rest time. While the limits appear to be quite similar to those in Hong Kong, violation of the regulations will be subject to sanctions. The ensuing paragraphs briefly describe the related regulations and sanctions in these places.

Regulated working hours of bus drivers in selected Asian places

In Singapore, all transport operators must adhere to the Employment Act that caps the working hours to 12 hours per day (including overtime) or 44 hours per week. Most bus companies employ a six-day work week and bus captains generally work an average of 8-9 hours per day (including overtime) over a six-day work week.^{12Legend symbol denoting See Ministry of Transport, Singapore (2012).} In South Korea, bus drivers are presently not subject to the maximum working hours under the Labour Standards Act,^{13Legend symbol denoting Recently, the Labour Standards Act has been amended to reduce the maximum working hours from 68 hours per week to 52 hours per week. It is reported that this working hours limit will also apply to the bus services sector when it becomes effective in September 2018. See Ministry of Employment and Labour, South Korea (2017) and Mondaq (2018).} but they are protected with the statutory minimum rest and break time under the subsidiary legislation of the Passenger Transport Service Act.^{14Legend symbol denoting Bus drivers are required to be given a 15-minute rest for every two hours of driving, and a break time of eight hours between successive shifts. See Ministry of Land, Infrastructure and Transport, South Korea (2017).} In Taiwan, working hours of bus drivers are capped at 12 hours a day under the Labour Standards Act. In addition, there is an upper limit on driving hours (not exceeding 10 hours a day), and minimum rest and break time under the Regulations for Automobile Transportation Operators.^{15Legend symbol denoting Bus drivers are required to be given at least 30-minute rest for every four hours of driving and at least 10 hours of rest between successive shifts.}

There are penalty provisions under the regulations and in case of non-compliance, actions will be taken against bus companies. To facilitate law enforcement, commercial passenger vehicles in South Korea are mandated to install digital tachograph to record information about driving time, speed and rest periods of drivers. Enforcement agencies can access the data to ensure compliance. In Taiwan, in response to the various fatal crashes involving fatigued driving, its government has set to mandate all new large commercial vehicles to be equipped with digital tachograph for monitoring purpose beginning in January 2021.^{16Legend symbol denoting See台灣交通部 (2018).}

Fine penalty is a common form of sanction imposed on non-compliant bus companies. In Singapore, the fine is up to S$5,000 (HK$28,250) for the first offence. For a second or subsequent offence, the maximum penalty will double to S$10,000 (HK$56,500), and the driver's employer may also be subject to imprisonment of not more than 12 months.^{17Legend symbol denoting See Ministry of Manpower, Singapore (2018).} In Taiwan, the maximum fine is TW$300,000 (HK$78,600) for repeated non-compliance of working hours limit, and TW$90,000 (HK$23,580) for breaching the rule on driving hours/rest periods.^{18Legend symbol denoting See勞動部 (2018), 交通部公路總局 (2015) and《行政院公報》(2018).} In South Korea, the non-compliant bus company will be subject to a fine or temporary suspension of service, while the driver concerned will also be fined.^{19Legend symbol denoting Based on the unofficial translation of the South Korean government's announcement, the penalty imposed on the non-compliant bus operator is 1.8 million won (HK$13,100). The non-compliant driver will also be fined but the amount is not stated in the announcement. See Ministry of Land, Infrastructure and Transport, South Korea (2017).}

Other measures or initiatives to prevent or manage driver fatigue

Apart from regulating driving hours and rest periods, some overseas places have introduced other measures with a view to managing driver fatigue and ensuring their continued fitness to drive. For example, in Australia and New Zealand, their transport departments have proactively developed guidelines or handbook on fatigue management for commercial vehicle drivers, providing guidance to bus operators on proper planning of schedules and rosters to reduce the fatigue risk. They also require bus operators to put in place a fatigue prevention/management plan with emphasis on providing an appropriate work environment to occupational drivers and proper monitoring of their health and fitness for duty.^{20Legend symbol denoting See National Transport Commission, Australia (undated) and NZ Transport Agency (2010).}

In Singapore, it has in recent years rolled out various initiatives with a view to enhancing the occupational health of bus drivers and reducing the associated vehicular accidents. For example, it has launched a half-year programme customized for bus captains aged 40 or above called "Healthier Workers, Happier Workers". By collaborating with bus operators and staff unions, activities such as health screening, health talks and health coaching were provided free of charge at bus depots or interchanges during the shift-changing hours. The feedback was positive and two bus companies have extended it as part of their staff welfare programme.^{21Legend symbol denoting See Health Promotion Board (2017).} Besides, the government has also enhanced the related amenities in newly-built bus depots and interchanges, with gym facilities provided to help alleviate workplace stress and rest areas installed with deck chairs to let bus captains have more comfortable rest environment.

Singapore is also increasing the deployment of modern technology to deal with safety issues arising from fatigued driving. In March 2017, it began a trial on a new generation of double-decker fitted with a fatigue detection system, among other new features. By examining the speed of eyelid movement and facial expression of the driver, the system sends nudges through the vibration of seat to keep drivers from dozing off behind the wheel.^{22Legend symbol denoting See Ministry of Communications and Information, Singapore (2017).} Recently, it has also launched an initiative "Workplace Safety and Health Technology Challenge" with an overall budget of S$2 million (HK$11.3 million) to provide financial support to companies or research institutes developing innovative technological solutions to reduce the risk of fatal vehicular accidents caused by blind spots, unsafe driver behaviour and driver fatigue.

Likewise, in South Korea, following a series of accidents arising from drowsy driving, its government has decided to mandate passenger vehicles as well as trucks to install the Lane Departure Warning System ("LDWS") and Advanced Emergency Braking System ("AEBS") beginning in January 2019 as an effort to curb the problem. LDWS sends visual, acoustic and vibrating warnings to drivers when the vehicle departs from its driving lane. AEBS is designed to prevent and reduce the severity of forward collision.^{23Legend symbol denoting The system automatically brakes or steers the vehicle if the sensor detects that the distance of the vehicle ahead is shorter than the pre-defined threshold, provided that the driver does not react timely to the warning signal sent by the system.} It is reported that for each installation, LDWS costs about 500,000 won (HK$3,450) whereas AEBS costs about 5 million won (HK$34,500). To ease the financial burden of bus companies, the Korean government provides subsidies that cover about 80% of the cost of LDWS and 50% of that of AEBS.^{24Legend symbol denoting See European Transport Safety Council (2018), Korean Bizwire (2017) and (2018), and Korea Joongang Daily (2017).}

Concluding remarks

The two fatal traffic accidents in recent months have aroused grave concern on the issues of bus operation safety, including the working hours and rest time arrangements for bus captains. Currently, bus captains' driving time and rest time are governed by the TD Guidelines. While the Guidelines have undergone amendments recently, there remain concerns over the adequacy in ensuring occupational and operational safety given that they are administrative in nature without penalty provisions.

In other Asian places like Taiwan and South Korea, there are regulations governing the driving hours and/or rest period for occupational drivers including bus drivers. Non-compliance is subject to sanction and they are increasingly relying on electronic devices installed on vehicles for monitoring. In addition, some overseas places have also rolled out other measures or initiatives to prevent or manage driver fatigue related issues, including deploying modern technology to detect driver fatigue, customizing health and wellness programme for bus drivers, and improving their work environment by upgrading the amenities.

Prepared by Phoebe TANG
Research Office
Information Services Division
Legislative Council Secretariat
11 June 2018

Endnotes:

1.	On 22 September 2017, a Citybus double-decker mounted a pavement packed with pedestrians and ploughed into an overhanging canopy at a Sham Shui Po junction during rush hour, killing three people and injuring 29 others. See South China Morning Post (2017b) and (2017c).
2.	On 10 February 2018, a KMB double-decker swerved out of control and flipped on its side as it travelled from Shatin racecourse towards Tai Po, killing 19 people with more than 60 injured. See South China Morning Post (2018).
3.	See Dawson & Reid (1997) and Transport Accident Commission (2018).
4.	See Sando et al (2010).
5.	See Harvard Medical School (2007).
6.	See National Road Safety Committee (2007), Transport Accident Commission (2018) and European Transport Safety Council (2001).
7.	See GovHK (2017a).
8.	Based on data of September 2017. See GovHK (2017b).
9.	Currently, there are five franchised bus companies operating six bus franchises in Hong Kong, which are: (a) The Kowloon Motor Bus Company (1933) Limited; (b) New World First Bus Services Limited; (c) Citybus Limited (which operates two franchises for (i) Hong Kong Island and Cross-Habour Bus Network and (ii) Airport and North Lantau Bus Network); (d) Long Win Bus Company Limited; and (e) New Lantao Bus Company (1973) Limited.
10.	According to Independent Review Committee on Hong Kong's Franchised Bus Service (2018), provision of proper and efficient bus service is the key consideration in granting of a new bus franchise to existing grantees upon expiry of their franchise.
11.	See Independent Review Committee on Hong Kong's Franchised Bus Service (2018).
12.	See Ministry of Transport, Singapore (2012).
13.	Recently, the Labour Standards Act has been amended to reduce the maximum working hours from 68 hours per week to 52 hours per week. It is reported that this working hours limit will also apply to the bus services sector when it becomes effective in September 2018. See Ministry of Employment and Labour, South Korea (2017) and Mondaq (2018).
14.	Bus drivers are required to be given a 15-minute rest for every two hours of driving, and a break time of eight hours between successive shifts. See Ministry of Land, Infrastructure and Transport, South Korea (2017).
15.	Bus drivers are required to be given at least 30-minute rest for every four hours of driving and at least 10 hours of rest between successive shifts.
16.	See台灣交通部 (2018).
17.	See Ministry of Manpower, Singapore (2018).
18.	See勞動部 (2018), 交通部公路總局 (2015) and《行政院公報》(2018).
19.	Based on the unofficial translation of the South Korean government's announcement, the penalty imposed on the non-compliant bus operator is 1.8 million won (HK$13,100). The non-compliant driver will also be fined but the amount is not stated in the announcement. See Ministry of Land, Infrastructure and Transport, South Korea (2017).
20.	See National Transport Commission, Australia (undated) and NZ Transport Agency (2010).
21.	See Health Promotion Board (2017).
22.	See Ministry of Communications and Information, Singapore (2017).
23.	The system automatically brakes or steers the vehicle if the sensor detects that the distance of the vehicle ahead is shorter than the pre-defined threshold, provided that the driver does not react timely to the warning signal sent by the system.
24.	See European Transport Safety Council (2018), Korean Bizwire (2017) and (2018), and Korea Joongang Daily (2017).

References:

1.	Channel Newsasia. (2017) Digital tools help bus operators cut accidents, bad driving habits.
2.	Connor, J. et al. (2002) Driver sleepiness and risk of serious injury to car occupants: population based case control study.
3.	Dawson, D. & Reid, K. (1997) Fatigue, alcohol and performance impairment.
4.	European Transport Safety Council. (2001) The role of driver fatigue in commercial road transport crashes.
5.	GovHK. (2017a) LCQ2: Bus captains' rest time, working hours and rest facilities.
6.	GovHK. (2017b) LCQ14: Working hours and remuneration of bus captains.
7.	GovHK. (2018) TD announces results of review on Guidelines on Bus Captain Working Hours, Rest Times and Meal Breaks.
8.	Harvard Medical School. (2007) Individual Variation and the Genetics of Sleep.
9.	Health Promotion Board. (2017) Tripartite Oversight Committee on Workplace Health: 2014-2017 Report.
10.	Independent Review Committee on Hong Kong's Franchised Bus Service. (2018) TD-1 (Submissions).
11.	Korea Joongang Daily. (2017) Bus driver fatigue leaves hundred dead.
12.	Korean Bizwire. (2017) All vehicles to be equipped with LDWS by 2021.
13.	Korean Bizwire. (2018) Subsidies promised for anti-drowsy driving technology on long-distance buses.
14.	Ministry of Communications and Information, Singapore. (2017) 3-door bus trial to speed up passenger flow begin.
15.	Ministry of Employment and Labour, South Korea. (2017) MOEL to inspect working conditions in 107 wide-area and express bus companies from Jul 17.
16.	Ministry of Land, Infrastructure and Transport, South Korea. (2017) Safety of passenger vehicles further strengthened (unofficial translation).
17.	Ministry of Manpower, Singapore. (2018) About the Employment Act.
18.	Ministry of Transport, Singapore. (2012) Written reply by Minister for Transport Lui Tuck Yew to Parliamentary Question on Average Working Hours of Public Transport Drivers.
19.	Mondaq. (2018) South Korea: Changes to the Labour Standards Act: Korean National Assembly passes new bill to curb working hours.
20.	National Road Safety Committee. (2007) Driver fatigue strategy: An Inter-agency strategy to combat driver fatigue.
21.	National Transport Commission, Australia. (undated) Heavy Vehicle Driver Fatigue Handbook for the Bus and Coach Industry.
22.	NZ Transport Agency. (2010) Preventing driver fatigue: A guide for supervisors and dispatchers.
23.	Parliament of Australia. (2000) Beyond the midnight oil: An inquiry into managing fatigue in transport.
24.	Sando, T. et al. (2010) Potential causes of driver fatigue: A study on transit bus operators in Florida.
25.	South China Morning Post. (2017a) Hong Kong bus drivers' working hours in question after fatal crash.
26.	South China Morning Post. (2017b) Safety on Hong Kong buses must be ensured after tragedy.
27.	South China Morning Post. (2017c) Three dead and two critical after bus mounts pavement in one of Hong Kong's busiest districts.
28.	South China Morning Post. (2018) Nineteen dead, more than 60 injured in 'chaotic' Hong Kong double-decker bus crash.
29.	Straits Times. (2016) Trial to explore tracking tech for heavy vehicles.
30.	Transport Accident Commission. (2018) Official website.
31.	《行政院公報》第024卷第079期，2018年5月1日。
32.	《汽車運輸業管理規則》，交通部公路總局，2015年2月5日修訂。
33.	《車輛安全檢測基準第十六點之一修正規定》，台灣交通部，2018年1月31日。
34.	《勞動基準法》，勞動部，2018年1月31日修訂。

^{Essentials are compiled for Members and Committees of the Legislative Council. They are not legal or other professional advice and shall not be relied on as such. Essentials are subject to copyright owned by The Legislative Council Commission (The Commission). The Commission permits accurate reproduction of Essentials for non-commercial use in a manner not adversely affecting the Legislative Council, provided that acknowledgement is made stating the Research Office of the Legislative Council Secretariat as the source and one copy of the reproduction is sent to the Legislative Council Library. The paper number of this issue of Essentials is ISE07/17-18.}