Driving-offense points and license suspension

Since 1984, Hong Kong has implemented a driving-offense points system for driving offenses, which means that some traffic violations will result in the accumulation of offense points. Once a driver violates a traffic rule and is convicted by the court or required to pay a fixed fine, offense points will be recorded. However, how many points will lead to license suspension, what are the common offenses that result in offense points, and what happens if a probationary license holder accumulates offense points? Today, Kwiksure will explain in detail how the driving-offense points system works, and provide a key list of speed camera locations in Hong Kong. Let's all drive safely.

In this article, all money amounts are in Hong Kong Dollars (HKD) unless otherwise stated.

20 major driving-offense points offenses

For a complete list of offenses, please refer to Scheduled Offenses Under the Driving-offense Points System of the Transport Department.

By the way, it is incorrect to refer to the driving-offense points system as "points deduction" as it is commonly called. This is because drivers do not have a set number of points to be deducted. The correct term should be the "accumulation" of offense points under the driving-offense points system.

How the system works

When a driver commits a traffic offense, points will be incurred, up to a maximum of 15 points. When specific number of points are incurred, the following things will happen:

How many points lead to license suspension?

When a driver incurs 15 points or more within two years, the court will have the authority to cancel the driver's eligibility to hold or obtain a driving license. The first suspension period is three months, and if the driver commits further offenses after the first suspension, the suspension period will increase to six months.

The court will initially send a summons by ordinary mail to the driver's registered address with the Transport Department. If the driver fails to respond as required, the court will send the summons to the driver via registered mail.

Please note that even if a summons is returned because it cannot be delivered to the driver, the summons will still be considered to have been served. If the driver fails to appear in court as scheduled according to the time and place stated in the summons, the court can issue an arrest warrant.

What if a probationary driver incurs points?

If a probationary license holder incurs 3 or 5 penalty points or violates any of the four major restrictions for probationary license holders (failing to display the P plate, driving at above 70 km/hr, driving on expressways in the fast lane, carrying passenger on a motorcycle), it is considered a "minor" offense, and their probationary driving period will be extended by 6 months. However, if they commit a driving offense and thus incur 10 offense points or commit two or more "minor" offenses, a "serious" offense will be considered to have been committed. The court, upon conviction, will immediately revoke the probationary license.

5 common driving offenses in Hong Kong

1. Speeding

According to statistics from the Hong Kong Police Force on traffic law enforcement, there were 136,879 cases of prosecution for speeding in the first half of 2023, making it the most common traffic offense. The number of speeding tickets issued each year is nearly four times higher than that of any other offense–indication that the Hong Kong police take speeding seriously. Therefore, it is common to see police officers using laser guns, automatic speed cameras, and radar speed detectors to catch speeding drivers.

One thing you may not know is that there is a margin of error in radar speed detection, so the police are lenient when dealing with speeding drivers. In most cases, the leniency is set at 3 km/hr, and the penalty is based on the adjusted speed as determined by the police.

For example, if you are caught driving at 66 km/hr on a road with a speed limit of 50 km/hr, after the 3 km/hr leniency, your recorded speed will be 63 km/hr, which means you were only speeding by 13 km/hr, resulting in a fine of $320.

Recently, in various WhatsApp groups an updated document on "speed leniency" issued internally by the police was circulated. It states that when using laser guns for speed detection, the leniency for all speeding cases has been increased from 3 km/hr to 5 km/hr. Several newspapers have also reported on this change.

If this rumor is true, the new guidelines might inadvertently encourage drivers to speed. However, in reality, the additional leniency of 2 km/hr will not make a big difference to driving at high speeds, and it won't have much impact on serious violations.

Of course, the information mentioned above is based on the circulated internal guidelines found online. Since this document was not intended for public release, its credibility is questionable. According to the Hong Kong Standard, "A police spokesperson stated that the guidelines are internal enforcement information and are not supposed to be made public. The spokesperson neither confirmed nor denied the authenticity of the circulated document".

As the circulated leniency guidelines have not been officially confirmed by the police, we advise you not to exceed the speed limit. And if you do get caught speeding, it is still best not to rely on leniency from the police.

2. Violating traffic signals

Running red lights or misinterpreting traffic signals is one common traffic offense, with over 25,000 cases recorded in the first half of 2023. "Failure to comply with traffic signals" results in a fine of $600, a record of 5 offense points, and the possibility of being charged. Upon first conviction, the maximum penalty is imprisonment for 3 months and a fine of $5,000. Subsequent convictions can lead to imprisonment for 6 months and a fine of $10,000.

3. Violating/failing to comply with traffic signs

Violating traffic signs and failing to comply with traffic signs are two different offenses. The former is governed by Section 61(1) of the Road Traffic Ordinance (Chapter 374), and upon first conviction, the maximum penalty is imprisonment for 3 months and a fine of $5,000. Subsequent convictions can lead to imprisonment for 6 months and a fine of $10,000. Failure to comply with traffic signs is governed by Section 26(59) of the Road Traffic Ordinance (Chapter 374), and the fixed penalty is $450.

4. Crossing double white lines

Hong Kong drivers are often impatient and may cross double white lines in traffic congestion or when correcting routes. The police reported nearly 14,000 cases of this offense in the first half of the year. Apart from a fixed penalty of $450 and a record of 3 points, more severe cases can lead to charges of careless driving.

5. Using a phone in handheld mode while driving

Over 12,000 cases of "using a mobile phone in handheld mode while driving" were recorded in the first half of 2023. According to the Transport Department's website, "answering calls or making calls by pressing the keys of a mobile phone with your fingers" is not a violation of the law. However, if you place the mobile phone between your head and shoulder or hold any accessory of a mobile phone, it is considered "handheld", and the maximum penalty for such offenses is a $2,000 fine.

30 speed camera hotspots

Top 10 speed camera hotspots in Hong Kong Island

• Opposite Kodak House on the Island Eastern Corridor towards Chai Wan
• Opposite City Hall on Connaught Road Central towards Western District
• Garden Road near St. John's Cathedral towards Central
• Pok Fu Lam Road/Chi Fu Road towards Aberdeen
• Outside Shau Kei Wan Government Secondary School on Chai Wan Road towards Shau Kei Wan
• Near Hong Kong Tennis Centre on Wong Nai Chung Gap Road towards Repulse Bay
• Near the fire station on Cotton Tree Drive towards the Mid-Levels
• 140 Pok Fu Lam Road towards Aberdeen

Top 10 speed camera hotspots in Kowloon

• Kwun Tong Bypass near Lai Ching Garden sound barrier in both directions
• Lung Cheung Road near Fu Shan Road swimming pool towards Kwun Tong
• Kwun Tong MTR Station tunnel towards Mong Kok
• Coming down from Ferry Street flyover towards Mei Foo
• Waterloo Road flyover towards Mong Kok near Hong Kong Baptist Hospital
• Hung Hom Bypass near Harbour Plaza Metropolis towards Tsim Sha Tsui
• Kwai Chung Road near Princess Margaret Hospital towards Mong Kok
• New Clear Water Bay Road near St. Joseph's Secondary School towards Mong Kok
• Tsing Kwai Highway (Route 3) Kwai Chung exit towards Kwai Chung Road
• Tai Po Road near Garden Bakery towards Kwai Chung

Top 10 speed camera hotspots in the New Territories

• Tin Shui Wai Tin Tsz Road towards Tin Shui Wai
• Tin Shui Wai Tin Ying Road towards Tuen Mun
• Clear Water Bay Road near Cheng Chek Chee Secondary School towards The Hong Kong University of Science and Technology
• North Lantau Highway at Siu Ho Wan Depot in both directions
• Tai Po Road Shatin Pass section near Kam Fung Court towards Kowloon
• Tseung Kwan O Po Shun Road and Po Hong Road intersection towards Tiu Keng Leng
• Tseung Lam Highway towards Tiu Keng Leng
• Tuen Mun Wong Chu Road towards Lung Kwu Tan
• Ting Kok Road Lo Tsz Tin towards Tai Mei Tuk
• Tsing Ma Bridge near the toll plaza towards the airport

Will speeding tickets affect car insurance?

When renewing or purchasing car insurance each year, drivers need to declare their offense point records for any traffic violations committed in the past two years. So, will speeding fines affect car insurance premiums? The answer depends on whether your speeding offense resulted in offense points.

If you received a speeding ticket without any offense points (e.g. you exceeded the speed limit by 15/12 km/hr or less), your insurance premium should not be affected.

On the contrary, if you have received offense points for speeding, your car insurance premium will increase in the following year, or at least it will be more expensive than for drivers without offense points. The extent of the increase will depend on the total number of points you have accumulated and your overall driving record. This is because if you have multiple serious driving violations on record, you are more likely to be involved in traffic accidents in the future, thereby increasing the risk for insurance companies and resulting in higher premiums.

It is also important to consider how insurance companies handle accidents where speeding is involved. Generally, as long as the speed was not way over the limit, most car insurance plans in Hong Kong will provide compensation and cover repair costs for accidents resulting from speeding.

We recommend that you carefully read the insurance policy documents to ensure that there are no clauses restricting coverage based on speed, to ensure you can receive appropriate protection.

One point to note is about dangerous driving. Your insurance policy generally does not cover accident claims resulting from dangerous driving, such as excessive speeding. For example, if you are driving at 110 km/hr in a 35 km/hr speed limit zone and have an accident, it is likely to be considered dangerous driving by the police, and your insurance company has the right to reject your claim.

Traffic violations unlikely to increase your premiums

Examples of violations that will not increase your risks of traffic accidents:

• Speeding by not more than 15 km/hr (a fine of $320, but no offense points)
• Not wearing a seatbelt
• Illegal parking
• Excessive exhaust emissions or causing excessive noise
• Failure to comply with certain road signs, such as "No Waiting" and "Disabled Parking Only"
• Littering

Traffic violations that may affect your premiums

When determining your car insurance premium, insurance companies are most likely to consider the following violations. These violations are directly related to dangerous or careless driving, and insurance companies view them as warning signs indicating the potential for future accidents and claims. Traffic violations that may increase your premiums include:

• Speeding with offense points
• Driving under the influence of drugs or alcohol
• Dangerous driving
• Dangerous driving causing grievous bodily injury or death to others
• Failure to report and leaving the scene of an accident (hit and run)
• Motor racing or speed testing on the road
• Driving without a valid license or allowing an unlicensed person to operate a vehicle

FAQs about Speeding

Does speeding affect car insurance premiums?

It depends on whether you have received offense points. When renewing or purchasing car insurance each year, or when securing a new car insurance plan, you need to declare any traffic violations resulting in offense points within the past two years.

What level of speeding results in offense points?

Exceeding the speed limit by more than 15 km/hr will result in offense points. There are three different levels of speeding, with the highest level resulting in 10 offense points.