Schoolchildren bear responsibility for ensuring that they wear seat belts properly when new safety regulations take effect next year, a transport official said on Monday.

Starting on January 25, all newly registered public transport and commercial vehicles – such as buses, including those for schools – must have seat belts for every passenger.

Passengers will be required to wear seat belts when available, with those who breach the rule facing fines of up to HK$5,000 and imprisonment for up to three months.

The Transport Department’s assistant commissioner, Alex Au, was asked on an RTHK radio programme whether drivers should be held accountable if children don’t wear seat belts on school buses.

“Our legal provisions say that whoever is in the seat bears responsibility,” he said, adding that it’s the schoolchildren’s responsibility if they don’t buckle up.

However, Au also pointed out that service providers must have a nanny on board if they are operating school buses for primary and kindergarten students.

“Of course, the nanny herself bears no responsibility, but she keeps a close eye on the children to ensure they wear their seat belts,” he said.

Au also said it shouldn't be too difficult for school buses to install seat belts.

“We have been communicating with school bus service providers for the past few years to ensure there are enough certified school buses when the regulations take effect,” he said.

"Service providers have also been given adequate time to prepare by purchasing new buses or modifying existing ones."

Seat-belt installation will also be mandated for vehicles currently in operation by the end of 2028, with Au saying he expects less than five percent of school buses on the road at present to fail to meet the requirements by then.

As for buses, he said, companies had already been installing seat belts in vehicles acquired after July 2018.