Law
of the People's Republic of China
on
Road Traffic Safety
(Adopted
at the 5th Meeting of the Standing Committee of the Tenth National People's
Congress on October 28, 2003 and promulgated
by Order No.8 of the President of
the People’s Republic of China on October 28, 2003)
Contents
Chapter I General
Provisions
Chapter II Vehicles
and Drivers
Section 1 Motor
Vehicles and Non-motor Vehicles
Section 2 Drivers
of Motor Vehicles
Chapter III Conditions for Road Passage
Chapter IV Provisions
on Road Passage
Section 1 General
Provisions
Section 2 Provisions
on the Passage of Motor Vehicles
Section 3 Provisions
on the Passage of Non-motor Vehicles
Section 4 Provisions
on the Passage of Pedestrians and Riders
Section 5 Special
Provisions on Expressways
Chapter V Disposition
of Traffic Accidents
Chapter VI Supervision
of Law-enforcement
Chapter VII Legal Responsibility
Chapter VIII Supplementary Provisions
Chapter
I
General
Provisions
Article 1 This Law is enacted with a view to maintaining road traffic
order, taking precautions against and reducing traffic accidents, protecting
personal safety, safeguarding the safety of property and other lawful rights
and interests of citizens, legal persons and other organizations,
and
increasing passage efficiency.
Article 2 Within the territory of the People's Republic of China, the
drivers of vehicles, pedestrians, passengers and the units and individuals
involved in road traffic activities shall observe this Law.
Article 3 Work for road traffic safety shall be carried out in
adherence to the principles of conducting administration according to law and
making things convenient to the masses, to guarantee good order, safety and
unimpeded flow of road traffic.
Article 4 People's governments at various levels shall guarantee that
the administrative work for road traffic safety fits with the economic
and social
development.
In order to meet the needs of road traffic
development, all local people's governments at or above the county level shall,
in accordance
with the laws and regulations on road traffic safety and the
relevant policies of the State, work out administration plans for road
traffic
safety, and take charge of their implementation.
Article 5 The department for public security under the State Council
shall be in charge of the administrative work for road traffic safety nationwide.
The traffic control department of the public security organs under the local
people's governments at or above the county level shall
be in charge of the
administrative work for road traffic safety within their respective
administrative areas.
The traffic control departments and the
construction administration departments under the people's governments at or
above the county
level shall be in charge of relevant road traffic work in
compliance with their respective duties.
Article 6 People's governments at various levels shall conduct regular
education in road traffic safety so as to enhance citizens' awareness
of the
importance of road traffic safety.
When performing their duties, traffic
control departments of the public security organs and their traffic policemen
shall give more
publicity to the laws and regulations on road traffic safety,
and observe such laws and regulations in an exemplary way.
Government departments, armed units,
enterprises, institutions, public associations and other organizations shall
offer education
in road traffic safety to their own members.
Administrative departments of education
and schools shall incorporate education in road traffic safety into education
in the legal
system.
The news media and publishing, radio and
TV, and other relevant institutions shall have the duty to conduct education in
road traffic
safety.
Article 7 Scientific research in administrative work for road traffic
safety shall be promoted, and advanced administration methods, technology
and
equipment shall be used on a wide scale.
Chapter
II
Vehicles
and Drivers
Section
1
Motor
Vehicles and Non-motor vehicles
Article 8 The State practises a registration system for motor
vehicles. A motor vehicle shall be driven on roads only after it is registered
with the traffic control department of a public security organ. Where a motor
vehicle is not yet registered but needs to be driven
on roads temporarily, a
temporary pass shall be obtained.
Article 9 The following certificates and vouchers shall be submitted
for application for the registration of a motor vehicle:
(1) certificate of identification of the
owner of the vehicle;
(2) certificate of the manner in which the
vehicle is obtained;
(3) certificate of outgoing quality for
the whole vehicle or certificate of import license for the vehicle imported;
(4) payment receipt of vehicle purchase
tax or duty free certificate; and
(5) other certificates or vouchers to be
submitted as required by the provisions of laws and administrative regulations
for registration
of motor vehicles.
The traffic control department of a public
security organ shall finish the examination for registration of a motor vehicle
within
five working days from the date it receives the application and shall,
if the conditions provided for in the proceeding paragraph
are met, issue the
registration certificate, number plate and license for the vehicle; and if the
said conditions are not met, the
department shall explain the reasons why the
vehicle is not to be registered.
Units and individuals, other than the
traffic control departments of the public security organs, shall not issue
number plates for
motor vehicles or require that other plates are used, except
where otherwise provided for by this Law.
Designs for the registration certificate,
number plate and license for motor vehicles shall be drawn up and made under
the supervision
of the department for public security under the State Council.
Article 10 Motor vehicles permitted for registration shall conform to
the State safety and technical standards for them. A motor vehicle for
the
registration of which an application is submitted shall undergo safety and
technical inspection. However, with respect to those
models of motor vehicles
which are manufactured by enterprises confirmed, in accordance with the State
safety and technical standards
for motor vehicles, by the government department
in charge of the products of motor vehicles, if the new vehicles of such models
meet the said standards upon inspection conducted before they leave the plant
and the certificates of inspection of quality are granted,
they shall be
exempted from safety and technical inspection.
Article 11 A motor vehicle running on roads shall be hung with its
number plate and stuck with the inspection certificate and the insurance label,
accompanied by the motor vehicle license.
Number plates shall be hung in accordance
with relevant regulations, kept clear and intact; and they shall not purposely
be covered,
stained or damaged.
No units or individuals shall confiscate
or distrain the number plates of motor vehicles.
Article 12 Registration shall be needed in one of the following
circumstances:
(1) when ownership of a motor vehicle is
transferred;
(2) when alterations are made in the
registration of a motor vehicle;
(3) when a motor vehicle is mortgaged; and
(4) when a motor vehicle is scrapped.
Article 13 Once a motor vehicle begins to be run on roads after
registration, it shall, in accordance with the provisions of laws and
administrative
regulations, undergo regular safety and technical inspection, in
terms of its designed purpose of use, quantity of passengers and
goods, service
life, etc. Where the motor vehicle license and the certificate of the
compulsory third party liability insurance on
the vehicle are provided, the
authority for motor vehicle safety and technical inspection shall inspect the
vehicle; and no units
shall add other conditions. If the vehicle conforms to
the State safety and technical standards, the traffic control department of
the
public security organ shall issue the sticker of the inspection certificate.
The safety and technical inspection of
motor vehicles shall be socialized. Specific measures in this regard shall be
formulated by
the State Council.
In places where motor vehicle safety and
technical inspection is socialized, no units shall require that motor vehicles
are inspected
at designated places.
Traffic control departments of the public
security organs and the authority for motor vehicle safety and technical
inspection shall
not require that motor vehicles are maintained or serviced at
designated places.
The authority for motor vehicle safety and
technical inspection shall collect fees for such inspection strictly in
accordance with
the rates approved by the department for pricing under the
State Council.
Article 14 The State practises the compulsory system for scrapping
motor vehicles, under which different criteria for scrapping the vehicles
shall
be established on the basis of the safety and technical conditions and the
different purposes of use of the motor vehicles.
Registration of the motor vehicles shall
be cancelled as soon as they are scrapped.
Motor vehicles
that reach the criteria for scrapping shall not run on roads. The large
passenger cars, trucks and other commercial
vehicles that are scrapped shall be
disintegrated under the supervision of the traffic control departments of the
public security
organs.
Article 15 Different signs for police vans, fire engines, ambulances
and engineering rescue vehicles shall, in accordance with relevant regulations,
be sprayed or painted on them, and these vehicles shall be installed with alarm
sirens and signal lights. No signs specially for
the vehicles mentioned above
or anything similar to such signs shall be sprayed or painted on other motor
vehicles, and no alarm
sirens or signal lights specially for the said vehicles
or anything similar to such sirens or lights shall be installed on them or
used.
Police vans, fire engines, ambulances and
engineering rescue vehicles shall be used strictly in accordance with their
specified purposes
of use and conditions.
The vehicles specially used for highway
supervision and inspection shall be equipped with unified signs and warning
lights in accordance
with the provisions of the Highway Law.
Article 16 No units or individuals shall do the following:
(1)
assembling motor vehicles or altering the registered composition,
structure or features of motor vehicles without authorization;
(2) changing the models of motor vehicles,
their engine number, chassis number or the identification code of the vehicles;
(3) falsifying or counterfeiting or using
falsified or counterfeited certificates of registration, number plates,
licenses, stickers
of the inspection certificates or insurance labels of motor
vehicles; or
(4) using the certificates of
registration, number plates, licenses, stickers of the inspection certificates
or insurance labels of
other motor vehicles.
Article 17 The State practises the system of the compulsory third party
liability insurance for motor vehicles and establishes the social relief
fund
for road traffic accidents. Specific measures in this regard shall be
formulated by the State Council.
Article 18 Non-motor vehicles required for registration according to
law shall run on roads only after they are registered with the traffic control
departments of the public security organs.
The types of non-motor vehicles required
for registration according to law shall be specified by the people's
governments of provinces,
autonomous regions, and municipalities directly under
the Central Government in light of the actual local conditions.
The external size, quality, brake,
handle-bar bell and night reflectors of a non-motor vehicle shall be in
conformity with the safety
and technical standards for non-motor vehicles.
Section
2
Drivers
of Motor Vehicles
Article 19 To drive a motor vehicle, one shall obtain a motor vehicle
driver's license according to law.
An applicant for motor vehicle driver's
license shall meet the requirements for driver's license specified by the
department for public
security under the State Council; and after passing the
examination, the applicant shall be issued by the traffic control department
of
the public security organ the driver's license commensurate with the type of
the motor vehicle.
A person holding a motor vehicle driver's
license of another country who meets the requirements for driver's license
specified by
the department for public security under the State Council and
passes the examination by the traffic control department of the public
security
organ shall be issued a Chinese motor vehicle driver's license.
The driver shall drive the approved type
of motor vehicle clearly stated in the driver's license; and when driving a
motor vehicle,
he shall keep the driver's license handy.
No units or individuals, except the
traffic control departments of the public security organs, shall confiscate or
suspend motor vehicle
driver's licenses.
Article 20 Training of motor vehicle drivers shall be socialized. The
competent traffic control department shall exercise control of the
qualifications
of the drivers training schools and classes, among which the
qualifications of the ones specially for training tractor drivers shall
be
under the control of the department of agriculture (agricultural machinery).
Drivers training schools and classes
shall, strictly in accordance with the relevant regulations of the State,
provide their trainees
with the training in laws and regulations on road traffic
safety and in driving skills, and ensure the quality of training.
No State organs or departments in charge
of training or examination of drivers shall sponsor or participate in
sponsoring drivers
training schools or classes.
Article 21 Before driving a motor vehicle on roads, the driver shall
carefully check the safety and technical performance of the motor vehicle;
and
he shall not drive a motor vehicle with hidden troubles endangering safety,
e.g., the safety facilities are incomplete or the
parts are not in conformity
with the safety and technical standards.
Article 22 A motor vehicle driver shall observe the provisions of the
laws and regulations on road traffic safety and, in accordance with the
operating
instructions, drive the vehicle safely and civilly.
A person who drinks alcohol, or takes
psychotropic substances or narcotic drugs which are under State control, or
suffers from diseases
that prevent him from driving a motor vehicle safely, or
cannot drive safely due to over-fatigue shall not drive a motor vehicle.
No one shall force or instigate a driver
to drive a motor vehicle in violation of the laws and regulations on road
traffic safety
or of the requirements for safe driving of motor vehicles, or
connive at such violations.
Article 23 Traffic control departments of the public security organs
shall, in accordance with the provisions of laws and administrative
regulations,
regularly examine and check motor vehicle driver's licenses.
Article 24 With respect to the violations of the laws and regulations on
road traffic safety committed by motor vehicle drivers, traffic control
departments of the public security organs shall practise the system of
cumulative recording of points, in addition to imposition
of administrative
punishment on the said drivers according to law. The traffic control department
of the public security organ shall
suspend the motor vehicle driver's license
of the driver whose accumulated number of the points recorded reaches the
specified total,
give him instructions in the laws and regulations on road
traffic safety and have him take an examination again; and if the driver
passes
the examination, the driver's license shall be returned to him.
With respect to the motor vehicle drivers
who observe the laws and regulations on road traffic safety and have no
cumulative points
recorded for the year, the specified time for examining and
checking their driver's licenses may be extended. The specific measures
in this
regard shall be formulated by the department for public security under the
State Council.
Chapter
III
Conditions
for Road Passage
Article 25 Uniform road traffic signals shall be used throughout the
country.
Traffic signals include the traffic signal
lights, traffic signs, traffic line markings and direction by the traffic
police.
Traffic signal lights and traffic signs
shall be installed and traffic lines marked in conformity with the requirements
for road traffic
safety and unimpeded passage and with State standards, and
they shall be kept clear, conspicuous, accurate and in good condition.
In light of the need of passage, road
traffic signals shall be added, replaced or renewed in a timely manner. Where
restrictive road
traffic signals are to be added, replaced or renewed, the
matter shall be made known to the public in advance and wide publicity
shall be
made.
Article 26 Traffic signals are composed of red, green and yellow
lights. The red light stands for no through traffic; the green light stands
for
passage permitted; and the yellow light stands for warning.
Article 27 Warning lights, warning signs or protective safety
facilities shall be put up at the level crossing of railroads and roads. Where
there are no guards for a railroad crossing, warning signs shall be put up at a
certain distance from the crossing.
Article 28 No units or individuals shall, without authorization, put
up, remove, occupy or damage traffic signal lights, traffic signs and traffic
line markings.
A necessary distance shall be kept between
the trees and other plants planted, or the billboards, pipelines, etc.
installed, on both
sides of the roads and along isolation belts, on the one
hand, and the traffic facilities, on the other, so that they do not shield
road
lamps, traffic signal lights and traffic signs, or obstruct the safe range of
visibility, or impede the flow of traffic.
Article 29 Roads, parking lots and road supporting facilities shall be
planned, designed and constructed in conformity with the requirements
of road
traffic safety and unimpeded flow of traffic, and shall be readjusted in a
timely manner to meet traffic needs.
When the traffic control department of the
public security organ discovers that traffic accident occurs frequently in
certain sections
of a road already open to traffic, or serious hidden troubles
endangering traffic safety exist at parking lots or in road supporting
facilities, it shall report the matter to the local people's government without
delay, and put forth proposals for prevention of
traffic accidents and for
removal of the hidden troubles, and the local people's government shall make a
timely decision on how to
deal with them.
Article 30 Where roads are so damaged as to cave in, become bumpy or
ruined by water, or bulge out, or where such traffic facilities as traffic
signal lights, traffic signs and traffic line markings are damaged or
disappeared, the maintenance or control department for road
and traffic
facilities shall put up warning signs, and make repairs without delay.
When the traffic control department of the
public security organ finds the situations as mentioned in the preceding
paragraph, which
endanger traffic safety and for which no warning signs are put
up, it shall take safety measures in good time, regulate the flow
of traffic,
and inform the maintenance or administration department for road and traffic
facilities of the matter.
Article 31 No units or individuals shall, without permission, occupy
roads to engage in non-traffic activities.
Article 32 Where it is necessary to occupy or dig a road for
construction of projects, or to bury or add pipeline facilities across a road,
or
above or beneath a road, permission by the department in charge of roads
shall be obtained in advance; and where traffic safety may
be adversely
affected, permission by the traffic control department of the public security
organ shall, in addition, be obtained.
The construction unit shall carry out
construction in the approved sections of a road and within the approved period of
time, and
set up conspicuous safety warning signs at the place with the safe
distance from the construction site, in the direction of which
vehicles are
coming, and take protective measures. When construction is completed, it shall
immediately remove all the obstacles
from the road and eliminate the hidden
troubles endangering safety, and only after the road is checked and accepted as
up to traffic
requirements by the department in charge of roads and the traffic
control department of the public security organ, the road may be
open to
traffic anew.
With respect to a road where traffic is
not held up for construction, the traffic control department of the public
security organ
shall exercise strict supervision over and inspection of traffic
safety and maintain road traffic order.
Article 33 In places where public buildings, commercial districts,
residential districts, and large (or medium-sized) buildings are constructed,
rebuilt
or expanded, parking lots shall be constructed or increased to go with them;
where parking berths are not enough, the parking
lots shall be rebuilt or
expanded in a timely manner; and once the parking lots are put into use, their
use shall not be discontinued
and they shall not be used for other purposes
without authorization.
Within the scope of urban streets and on
condition that passage of the pedestrians and vehicles are not impeded, the
relevant government
departments may delimit parking berths.
Article 34 Where there are no pedestrian crossings in front of schools,
kindergartens, hospitals and homes for the aged, crosswalks shall be
marked and
standby signs shall be set up.
Blind tracks shall, according to plan, be
paved on the sidewalks along the main streets in cities. Such tracks shall be
paved in conformity
with State standards.
Chapter
IV
Provisions
on Road Passage
Section
1
General
Provisions
Article 35 Motor vehicles and non-motor vehicles shall keep to the
right of the road.
Article 36 Where in light of the road conditions and the need of
traffic flow, roads are divided into motor vehicle lane, non-motor vehicle lane
and pedestrian sidewalk, the motor vehicles, non-motor vehicles and pedestrians
shall take the lanes and sidewalks respectively.
Where roads are not divided
into such lanes and sidewalks, motor vehicles shall run in the middle of roads,
while non-motor vehicles
and pedestrians shall go on the sides of roads.
Article 37 Where a special vehicle lane is marked, only specified
vehicles are permitted to use the lane and no other vehicles shall run along
such lane.
Article 38 Vehicles and pedestrians shall go by traffic lights; where
traffic policemen direct traffic on the spot, they shall go by the direction
of
traffic policemen; and where there are no traffic signals, they shall follow
the principles of ensured safety and unimpeded traffic.
Article 39 In light of the specific road conditions and the volume of
traffic flow, the traffic control department of the public security organ
may
take such measures as regulating, restricting and prohibiting the flow of
traffic with regard to motor vehicles, non-motor vehicles
and pedestrians.
Under conditions of large-scale mass activities or construction on a wide
scale, for which restrictive traffic measures
need to be taken, or decisions
directly relating to the road traffic activities of the public need to be made,
the matter shall be
made known to the public in advance.
Article 40 In case of natural calamities, disastrous meteorological conditions,
major traffic accidents, or other conditions that have a serious
effect on
traffic safety, the traffic control department of the public security organ may
exercise traffic control, when it is difficult
to guarantee traffic safety by
taking other measures.
Article 41 Other specific regulations on road passage shall be
formulated by the State Council.
Section
2
Provisions
on the Passage of Motor Vehicles
Article 42 When driving a motor vehicle on roads, the driver shall not
exceed the maximum speed per hour shown by the speed limit sign. He shall
keep
the safety speed along the sections of roads without speed limit signs.
When driving at night or along the
sections of roads that are exposed to dangers, or under such meteorological
conditions as sandstorm,
hailstorm, rain, snow, fog and freeze, the driver
shall reduce the speed.
Article 43 When motor vehicles run in the same lane, the vehicle behind
shall keep a safe distance from the vehicle in front, enough for putting
on the
emergency brake. A vehicle shall not overtake another one under any of the
following situations:
(1) when the vehicle in front is making a
left turn or a U turn or overtaking another vehicle;
(2) when there is the possibility of crossing
another vehicle coming from the opposite direction;
(3) when the vehicle in front is a police
van, fire engine, ambulance or engineering rescue vehicle on its way to carry
out an emergency
task; and
(4) at a railroad crossing, road crossing,
narrow bridge, curve, steep slope, in a tunnel, at a pedestrian crosswalk and a
section
of an urban road with large volume of traffic flow, etc., where
conditions for overtaking are lacking.
Article 44 When passing a road crossing, motor vehicle drivers shall
follow the traffic signal lights, traffic signs and traffic line markings,
or
the direction of traffic police; and when passing a road crossing where there
are no traffic signal lights, traffic signs, traffic
line markings or direction
of traffic police, they shall slow down and let pedestrians and the vehicles
enjoying priority pass first.
Article 45 When confronted with a situation in which the motor vehicles
in front are standing or running slowly in a queue, the driver shall
not overtake
them by using another lane or the lane for the vehicles coming from the
opposite direction, or cut in the queue.
When confronted with a situation in which
motor vehicles are standing or running slowly in a queue at the section or
junction of a
road where the lanes are decreased, or at a road crossing where
there are no traffic signal lights, traffic signs or traffic line
markings or
direction of traffic police, the motor vehicles shall take turns to pass in
order.
Article 46 When passing a railroad crossing, the driver shall follow
the traffic signals or the direction of the person in charge; and where
there
are no traffic signals or no person in charge, he shall slow down or stop the
vehicle, and pass when he is certain of safety.
Article 47 When passing a pedestrian crosswalk, the driver shall reduce
speed; and when pedestrians are passing the crosswalk, the driver shall
stop to
give way to the pedestrians.
When pedestrians are crossing a road where
there are no traffic signals, the driver shall make way.
Article 48 The loaded cargo of a motor vehicle shall be in conformity
with the verified loading capacity, and overload is strictly prohibited;
the
dimensions of the length, width and height of the loaded cargo shall not be at
variance with the requirements of loading, and
nothing loaded shall be littered
or scattered on the way.
Where a motor vehicle carries an
indivisable oversize or overload cargo, to the detriment of traffic safety, it
shall be driven at
a time, along the route and at the speed designated by the
traffic control department of the public security organ and hung with
conspicuous signs. To the indivisable oversize or overload cargo carried on
highways, the provisions of the Highway Law shall be
applicable.
Where a motor vehicle carries such
dangerous cargoes as explosives, inflammable and explosive chemicals, and
highly toxic and radiation
cargoes, it shall, with the approval of the public
security organ, be driven at a time, along the route and at the speed
designated
and be hung with warning signs, and the necessary safety measures
shall be taken.
Article 49 Passengers carried by a motor vehicle shall not exceed the
verified number. Passenger motor vehicles shall not be used for carrying
cargoes
in violation of regulations.
Article 50 Cargo motor vehicles are prohibited from carrying
passengers.
Where it is necessary for a cargo motor
vehicle to carry operational workers along with it, the vehicle shall be
installed with facilities
for protection of the workers.
Article 51 When a motor vehicle is running, the driver and riders shall
use safety belts in accordance with regulations; the driver of a motor
bicycle
and the riders shall wear safety helmets in accordance regulations.
Article 52 When a motor vehicle breaks down on the road and needs to
stop to remove the trouble, the driver shall immediately turn on the warning
flash lights and move the vehicle to a place where it shall not impede traffic;
if it is difficult to move the vehicle, the driver
shall keep the warning
flashing lights on and take such measures as putting up signs to warn the
vehicles coming from the opposite
direction so as to keep the warning over an
extended area; and when necessary, he shall immediately report to the police.
Article 53 When carrying out emergency tasks, police vans, fire
engines, ambulances and engineering rescue vehicles may use alarm sirens and
signal lights; under the precondition of ensured safety, these vehicles shall
be free from the restrictions on the route, direction,
speed and signal lights,
and other vehicles and pedestrians shall make way.
When police vans, fire engines, ambulances
and engineering rescue vehicles are not carrying out emergency tasks, they shall
not use
the alarm sirens and signal lights and they shall not enjoy the
priority of passage as provided for in the preceding paragraph.
Article 54 When road maintenance vehicles and engineering operation
vehicles are at work, they shall not be restricted by the traffic signs or
traffic line markings in respect of the routes and directions they are taking,
under the precondition that they do not impede the
passage of the passing
vehicles; and the passing vehicles and persons shall make sure to give way.
Such motor vehicles as spraying cars and
cleaning cars shall work in accordance with the standards for safe operation;
and on condition
that they do not impede the passage of other vehicles, they
may be free from being restricted by the regulation that different vehicles
use
different lanes, but they shall not run in a direction not allowed by traffic
regulations.
Article 55 Tractors shall be prohibited
from running on expressways and in the streets of the downtown of large or
medium-sized cities.
With respect to other roads on which tractors are
prohibited from running, the people's governments of provinces, autonomous
regions,
and municipalities directly under the Central Government shall specify
in light of the actual local conditions.
On
the roads where tractors are permitted to run, they may be used to transport
goods, but not passengers.
Article 56 Motor vehicles shall be parked at specified places. They are
prohibited from being parked at the sidewalks, except for the parking
berths
delimited in accordance with the provisions of Article 33 of this Law.
Where a motor vehicle is parked on the
road temporarily, it shall not impede the passage of other vehicles and
pedestrians.
Section
3
Provisions
on the Passage of Non-motor Vehicles
Article 57 When riding a non-motor vehicle on roads, the person shall
observe the regulations on traffic safety. Non-motor vehicles shall run
in the
bicycle lane; and where there is no bicycle lane, they shall run on the right
side of the motor vehicle lane.
Article 58 When motor wheelchairs for the disabled and battery-powered
bicycles run in the bicycle lane, their maximum speed per hour shall not
exceed
15 kilometers.
Article 59 Non-motor vehicles shall be parked at specified areas. Where
no such parking areas are delimited, such vehicles shall be parked at
places
where the passage of other vehicles and pedestrians are not impeded.
Article 60 Tame animals shall be used for animal-drawn carts; when an
animal-drawn cart crosses a road, the driver shall get off the cart to
guide
the animals; and when the driver leaves the cart, he shall have the animals
tethered.
Section
4
Provisions
on the Passage of Pedestrians and Passengers
Article 61 Pedestrians shall walk on sidewalks or on the side of roads
where there are no sidewalks.
Article 62 Where pedestrians pass road crossings or walk across roads,
they shall use the crosswalks or overhead (or underground) pedestrian
crossings;
when passing crosswalks with traffic signal lights, they shall follow the
direction of the traffic signal lights; and
when passing junctions without
traffic signal lights and crosswalks, or walking across roads at the sections
without overhead (or
underground) crossings, they shall pass only when they are
sure of safety.
Article 63 Pedestrians shall not stride over, rest or sit on road
isolation facilities, or jump onto vehicles, or forcibly block vehicles, or
jeopardize
road traffic safety in other ways.
Article 64 When preschool-age children and persons suffering from
mental disorder or mental retardedness who are incapable of perception or controlling
their own behavior walk on roads, they shall be guided by their guardians,
persons entrusted by their guardians or persons responsible
for taking care of
and protecting them.
Blind persons walking on roads shall use
sticks for blind persons or take other measures to guide themselves; and
vehicles shall make
way to blind persons.
Article 65 When passing railroad crossings, pedestrians shall follow
the signals or the direction of persons in charge; and where there are no
traffic signals or no persons in charge, they shall quickly pass when they are
sure that no trains are coming.
Article 66 Passengers shall not bring with them such dangerous articles
as inflammable substances and explosives, throw things out of the vehicles,
or
act in such a way as to prevent the drivers from driving safely.
Section
5
Special
Provisions on Expressways
Article 67 No pedestrians, non-motor vehicles, tractors, special
wheeled mechanical vehicles, articulated passenger buses, full trailers and
other motor vehicles with the designed maximum speed below 70 kilometers per
hour shall enter expressways. The maximum speed marked
on the speed limit signs
of expressways shall not exceed 120 kilometers per hour.
Article 68 When a motor vehicle breaks down on an expressway, it shall
be handled in accordance with the relevant provisions of Article 52 of
this
Law; but the warning sign shall be put at a place beyond 150 meters in the
direction the broken vehicle is running, and the
persons on the vehicle shall
quickly move to the curb on the right side of the expressway or to the
emergency lane and report to
the traffic police.
When a motor vehicle cannot run normally
on an expressway due to a breakdown or a traffic accident, it shall be pulled
or towed away
by a rescue vehicle or an obstacle-removing vehicle.
Article 69 No units or individuals shall intercept and inspect vehicles
running on expressways, except the people's police of the public security
organs who are performing emergency official duties according to law.
Chapter
V
Disposition
of Traffic Accidents
Article 70 When a traffic accident occurs on the road, the driver shall
immediately stop the vehicle and keep the scene intact; and if the accident
causes casualties, the driver shall immediately rescue the injured persons, and
speedily report to the traffic police on point duty
or to the traffic control
department of the public security organ. If the scene of the accident is
changed due to rescue of the injured
persons, the location of the scene shall
be marked out clearly. The passengers, drivers of the passing vehicles, and
passing pedestrians
shall offer help.
Where a traffic accident that occurs on
the road does not cause casualties and the parties have no objections to the
facts and causes
of the accident, they may immediately withdraw from the scene
of the accident for restoration of traffic and, through consultation,
settle
the matters of compensation for damages themselves; and if they do not withdraw
from the scene immediately, they shall speedily
report to the traffic police on
point duty or to the traffic control department of the public security organ.
Where a traffic accident that occurs on
the road only causes slight property losses and the facts are basically clear,
the parties
shall withdraw form the scene before proceeding to settle the
matter through consultation.
Article 71 Where a vehicle escapes after the occurrence of a traffic
accident, the witnesses on the scene and other persons in the know shall
report
to the traffic control department of the public security organ or to the
traffic police. If the report is proved to be true,
the said department shall
give them rewards.
Article 72 Upon receiving the report on a traffic accident, the traffic
control department of the public security organ shall immediately dispatch
traffic police to the scene, who shall first arrange for the rescue of the
injured persons, and take measures to restore traffic
as soon as possible.
Traffic police shall conduct inspection
and examination of the scene of the traffic accident and collect evidence; and
the traffic
police may distrain the vehicle involved in the accident for the
need of collection of evidence, but shall take good care of the
vehicle for
examination.
With respect to the more professional
check of the parties' physiological and mental conditions, the traffic control
department of
the public security organ shall entrust a special institution to
make an appraisal. The conclusion of the appraisal shall be signed
by the
appraiser.
Article 73 The traffic control department of the public security organ
shall, on the basis of the inspection, examination and investigation conducted
on the scene of the traffic accident as well as the relevant conclusions of the
check and appraisal, produce a written confirmation
of the traffic accident
without delay, which shall serve as a testimony for disposition of the traffic
accident. In the written confirmation
of the traffic accident shall clearly be
stated the basic facts and causes of the accident as well as the liability of
the parties,
and the written confirmation shall be served to the parties.
Article 74 With respect to the dispute that arises over the
compensation for damages caused by a traffic accident, the parties may request
the
traffic control department of the public security organ for mediation, or
directly bring a civil suit in a People's Court.
Where after mediation by the traffic
control department of the public security organ, the parties fail to reach an
agreement or do
not act in accordance with the mediation document after it
becomes effective, they may bring a civil suit in a People's Court.
Article 75 Medical institutions shall, without delay, rescue the
persons injured in traffic accidents, and they shall not delay the rescue and
treatment due to the fact that the fees for the rescue are not paid in time.
Where the compulsory third party liability insurance
is brought for vehicles
causing accidents, the insurance company shall pay the rescue expenses within
the liability limit; and where
the rescue expenses exceed the liability limit,
and where such insurance is not brought or the vehicles escape after the
occurrence
of accidents, the social aid fund for road traffic accidents may pay
part or total of the rescue expenses in advance, and the administrative
body of
the social aid fund for road traffic accidents shall have the right to recover
the rescue expenses already paid from the
persons liable for the traffic
accidents.
Article 76 Where motor vehicles are involved in a traffic accident
which causes casualties and property losses, the insurance company shall make
compensation within the limit of the compulsory third party liability insurance
for motor vehicles. Compensation for the part that
exceeds the liability limit
shall be paid in the following ways:
(1) where a traffic accident occurs
between two motor vehicles, the party in fault shall bear the liability; and
where both parties
are in fault, the liability shall be shared on the basis of
the proportion of each party's fault; and
(2) where a traffic accident occurs
between the driver of a motor vehicle and the driver of a non-motor vehicle or
a pedestrian, the
driver of the motor vehicle shall bear the liability; but if
there is evidence which proves that the driver of the non-motor vehicle
or the
pedestrian violates the laws and regulations on road traffic safety and the
driver of the motor vehicle has taken the necessary
measures to cope with the
situation, the liability to be borne by the motor vehicle driver shall be lightened.
Where the losses in a traffic accident are
caused intentionally by the driver of a non-motor vehicle or a pedestrian, the
driver of
the motor vehicle shall not bear liability.
Article 77 With respect to an accident that occurs when a vehicle runs
outside the roads, the traffic control department of the public security
organ
shall, upon receiving the report on the accident, handle the case by referring
to the relevant provisions of this Law.
Chapter
VI
Supervision
of Law Enforcement
Article 78 The traffic control department of the public security organ
shall strengthen administration of the traffic police and help enhance
their
qualifications and raise their level of road traffic administration.
The traffic control department of the
public security organ shall, among the traffic police, conduct professional
training and appraisal
in respect of the legal system and traffic safety
administration. Where a traffic policeman fails to pass the appraisal, he shall
not take the post to perform his duties.
Article 79 When the traffic control department of the public security
organ and the traffic police exercise control of road traffic safety, they
shall,
in compliance with their statutory functions and duties and the statutory
procedure, simplify official formalities and do
their work in an impartial,
strict, civil and efficient manner.
Article 80 When performing their functions and duties, the traffic
police shall, in accordance with relevant regulations, wear their uniforms
and
the badges of the people's police, hold their papers of the people's police,
keep up the bearing of the police, carry themselves
with dignity and direct
traffic in conformity with standards.
Article 81 Fees for the cost of the plates and certificates issued in
accordance with this Law shall be collected strictly in accordance with
the
rates fixed by the department for pricing under the State Council, and shall be
turned over to the State Treasury in full.
Article 82 When the traffic control department of the public security
organ imposes fines as an administrative punishment, it shall, in accordance
with the provisions of relevant laws and administrative regulations, separate
the decision on fines from the collection of fines;
and the fines collected and
unlawful gains confiscated according to law shall be turned over to the State
Treasury in full.
Article 83 When a traffic policeman investigates and handles violations
of the law on road traffic safety or traffic accidents, he shall withdraw
in
any of the following circumstances:
(1) if he is a party to the case or close
relative of the party;
(2) if he or his close relative has an
interest in the case; and
(3) if he has other relations with the
party to the case, which may affect the impartial disposition of the case.
Article 84 Administrative law enforcement conducted by the traffic
control department of the public security organ and the traffic police shall
be
subject to supervision exercised by the administrative supervisory authority
according to law.
The supervisory department of the public
security organ shall, in accordance with law, supervise the enforcement of laws
and regulations
and the observance of discipline by the traffic control department
of the public security organ and the traffic police.
The traffic control department of the
public security organ at a higher level shall supervise the law enforcement by
the traffic control
department of the public security organ at a lower level.
Article 85 When performing their duties, the traffic control department
of the public security organ and the traffic police shall consciously
accept
supervision by the community and citizens.
All units and individuals shall have the
right to report or complain against the traffic control department of the
public security
organ and the traffic police for their failure to enforce laws
strictly or their violations of laws or rules of discipline. The authority
that
receives such report or complaint shall, in compliance with its duties, conduct
investigation and impose punishment without
delay.
Article 86 No unit shall impose, or impose in disguised form, any
penalty quota to the traffic control department of the public security organ;
and
the traffic control department of the public security organ shall not make the
amount of fines imposed as the criterion for appraisal
of the performance of
traffic police.
The traffic control department of the
public security organ and the traffic police shall have the right to refuse to
carry out the
instructions that transcend the provisions of laws and
regulations, and report the matter to the authority at a higher level at the
same time.
Chapter
VII
Legal
Responsibility
Article 87 The traffic control department of the public security organ
and the traffic police shall, without delay, have the violations of the
law on
road traffic safety rectified.
The traffic control department of the
public security organ and the traffic police shall, on the basis of facts and
in accordance
with the relevant provisions of this Law, impose punishment on
violations of the law on road traffic safety. Where the circumstances
are minor
as not to impede road passage, they shall point out the violations and let the
violators go after giving an oral warning.
Article 88 Punishments for violations of the law on road traffic safety
include: disciplinary warning, fine, temporary suspension or revocation
of
motor vehicle driver's license, and detention.
Article 89 Where a pedestrian, rider or driver of a non-motor vehicle
violates the provisions governing road passage in laws and regulations
on road
traffic safety, he shall be given a disciplinary warning or be fined not less
than RMB 5 yuan but not more than 50 yuan;
and if the driver of non-motor
vehicle refuses to accept the punishment of a fine, his non-motor vehicle may
be distrained.
Article 90 Where the driver of a motor vehicle violates the provisions
governing road passage in laws and regulations on road traffic safety,
he shall
be given a disciplinary warning or be fined not less than 20 yuan but not more
than 200 yuan. Where there are other provisions
in this Law, the punishment
shall be meted out in accordance with those provisions.
Article 91 Where a driver drives a motor vehicle after drinking
alcohol, his driver's license shall be temporarily suspended for not less than
one month but not more than three months and he shall, in addition, be fined
not less than 200 yuan but not more than 500 yuan; and
where a driver drives a
motor vehicle after being drunk, he shall be restrained by the traffic control
department of the public security
organ until he is awake from drunkenness, and
he shall be placed in detention for not more than 15 days, his driver's license
temporarily
suspended for not less than three months but not more than six
months, and he shall, in addition, be fined not less than 500 yuan
but not more
than 2,000 yuan.
Where a driver after drinking alcohol
drives a commercial motor vehicle, his motor vehicle driver's license shall be
temporarily suspended
for three months and he shall, in addition, be fined 500
yuan; and where a driver drives such a vehicle while intoxicated, he shall
be
restrained by the traffic control department of the public security organ until
he is awake from drunkenness, he shall be placed
in detention for not more than
15 days and his motor vehicle driver's license shall be temporarily suspended
for six months, and
he shall, in addition, be fined 2,000 yuan.
Where a driver commits the acts of driving
a motor vehicle while intoxicated, as provided for in the preceding two
paragraphs, within
one year and was punished twice and more, his motor vehicle
driver's license shall be revoked and he shall not be allowed to drive
a
commercial motor vehicle within five years.
Article 92 Where a highway passenger car carries passengers in excess
of the specified number, a fine of not less than 200 yuan but not more
than 500
yuan shall be imposed; and where the specified number was exceeded by 20 per
cent or it carries cargo in violation of relevant
regulations, a fine of not
less than 500 yuan but not more than 2,000 yuan shall be imposed.
Where a cargo motor vehicle carries cargo
in excess of the verified loading capacity, a fine of not less than 200 yuan
but not more
than 500 yuan shall be imposed; and where the verified loading
capacity is exceeded by 30 per cent or the vehicle carries passengers
in
violation of relevant regulations, a fine of not less than 500 yuan but not
more than 2,000 yuan shall be imposed.
Where the driver of a motor vehicle
commits any of the acts mentioned in the preceding two paragraphs, the traffic
control department
of the public security organ shall distrain the motor
vehicle until the violation is rectified.
If the driver of a vehicle of a transport
institution violates the provisions in the first and second paragraph of this
Article and
fails to rectify after being punished, the person directly in
charge shall be fined not less than 2,000 yuan but not more than 5,000
yuan.
Article 93 Where a driver violates the provisions governing the parking
and temporary parking of motor vehicles, as stipulated in laws or regulations
on road traffic safety, the violation may be pointed out, and the driver shall
be given an oral warning and instructed to leave the
place immediately.
Where the motor vehicle driver is not on
the spot or, although on the spot, he refuses to drive away immediately, thus
impeding the
passage of other vehicles and pedestrians, he shall be fined not
less than 20 yuan but not more than 200 yuan, and the vehicle may
be towed to a
place where it does not impede traffic or to a place designated by the traffic
control department of the public security
organ. The said department shall
charge the party no fees for towing the vehicle and shall, without delay,
inform the party of the
place where the vehicle parks.
Where a motor vehicle is damaged due to an
improper way of towing, the liability for compensation shall be borne according
to law.
Article 94 Where the authority for safety and technical inspection of
motor vehicles collects fees for such inspection in excess of the rates
fixed
by the department for pricing under the State Council, it shall return the part
overcharged and shall be penalized by the department
for pricing in accordance
with the relevant provisions of the Pricing Law of the People's Republic of
China.
Where the authority for safety and
technical inspection of motor vehicles fails to inspect motor vehicles in
accordance with the safety
and technical standards of the State for motor
vehicles and produces false inspection results, the traffic control department
of
the public security organ shall impose on it a fine of not less than five
times but not more than ten times the amount of the fees
it collected for
inspection and shall, in accordance with law, disqualify it for inspection. If
a crime is constituted, it shall
be investigated for criminal responsibility
according to law.
Article 95 Where a motor vehicle running on roads is not hung with its
number plate, stuck on with the inspection certificate or the insurance
label,
or the driver fails to bring along with him the motor vehicle license and the
driver's license, the traffic control department
of the public security organ
shall distrain the motor vehicle and inform the party of the need to provide
the necessary plate, certificate,
sticker and label or to go through the formalities
to obtain them, and it may impose a punishment in accordance with the
provisions
of Article 90 of this Law. When the party provides the plate,
certificate, sticker and label or has gone through the formalities
mentioned,
the motor vehicle shall be returned without delay.
Where the number plate of a motor vehicle
is purposely covered, stained or damaged or is not installed as required by
regulations,
a punishment shall be imposed in accordance with the provisions of
Article 90 of this Law.
Article 96 Where the certificate of registration, the number
plate, the motor vehicle license, the sticker of inspection certificate or the
insurance
label of a motor vehicle or the driver's license is falsified or
counterfeited, or the ones falsified or counterfeited are used,
or the
certificate of registration, the number plate, the motor vehicle license, the
sticker of inspection certificate or the insurance
label of another motor
vehicle is used, the traffic control department of the public security organ
shall confiscate them or distrain
the motor vehicle involved, and, in addition,
impose a fine of not less than 200 yuan but not more than 2,000 yuan. If a
crime is
constituted, criminal responsibility shall be investigated according
to law.
When the party provides the necessary
legal certificates or has gone through the necessary formalities to obtain the
certificates,
the motor vehicle shall be returned without delay.
Article 97 Where alarm sirens or signal lights are illegally installed,
they shall compulsorily be removed and confiscated by the traffic control
department of the public security organ, and a fine of not less than 200 yuan
but not more than 2,000 yuan shall be imposed.
Article 98 Where the owner or manager of a motor vehicle fails to buy
the compulsory third party liability insurance for the motor vehicle, as
required by State regulations, the traffic control department of the public
security organ shall distrain the vehicle until the insurance
is bought in
accordance with the regulations, and, in addition, a fine of two times the
specified minimum liability insurance premium
payable for the shall be imposed.
All the fines paid in accordance with the
provisions in the preceding paragraph shall be incorporated into the social aid
fund for
road traffic accidents. The specific measures in this regard shall be
formulated by the State Council.
Article 99 Any person who commits one of the following acts shall be
fined not less than 200 yuan but not more than 2,000 yuan by the traffic
control department of the public security organ:
(1) driving a motor vehicle before
obtaining the motor vehicle driver's license, or after the driver's license is
revoked or during
the period when the driver's license is temporarily suspended;
(2) having his motor vehicle driven by
another person who has not obtained the driver's license or whose driver's
license is revoked
or temporarily suspended;
(3) escaping after causing a traffic
accident, which is not serious enough to constitute a crime;
(4) driving a motor vehicle at a speed 50
per cent in excess of the specified speed per hour;
(5) compelling a motor vehicle driver to
drive the vehicle in violation of laws and regulations on road traffic safety
or of the requirement
for safe driving, thus causing a traffic accident, which
is not serious enough to constitute a crime;
(6) making a forcible passage in violation
of the regulations on traffic control and refusing to yield to dissuasion;
(7) intentionally damaging, removing or
altering traffic facilities, thus causing harmful consequences, which is not
serious enough
to constitute a crime; or
(8) illegally blocking or distraining a
motor vehicle and refusing to yield to dissuasion, thus causing serious traffic
jam or relatively
heavy losses of property.
If the person commits one of the acts
specified in Subparagraph (2) or (4) of the preceding paragraph, his motor
vehicle driver's
license may be revoked at the same time; and if he commits one
of the acts specified in Subparagraph (1), (3), (5), (6), (7) and
(8), he may,
in addition, be put in detention for not more than 15 days.
Article 100 Where a self-assembled motor vehicle or a motor vehicle old
enough to be scrapped is driven on roads, the traffic control department
of the
public security organ shall confiscate it and compulsorily scrap it.
A driver who drives on roads the motor
vehicle mentioned in the preceding paragraph shall be fined not less than 200
yuan but not
more than 2,000 yuan and his driver's license shall be revoked.
Where a motor vehicle old enough to be
scrapped is sold, the unlawful gains shall be confiscated, a fine equal to the
amount of money
obtained from the sale of the vehicle shall be imposed, and the
vehicle shall be disposed of in accordance with the provisions of
the first
paragraph of this Article.
Article 101 Where a serious traffic accident occurs due to violation of
the provisions in laws and regulations on road traffic safety, which constitutes
a crime, criminal responsibility shall be investigated according to law, and
the motor vehicle driver's license shall be revoked
by the traffic control
department of the public security organ.
Where a driver escapes after causing a
traffic accident, his motor vehicle driver's license shall be revoked by the
traffic control
department of the public security organ and he shall not obtain
a motor vehicle driver's license again for the rest of his life.
Article 102 Where a professional transport unit that is chiefly or fully
responsible for two or more exceptionally serious traffic accidents within
six
months, it shall be instructed by the traffic control department of the public
security organ to remove all the hidden troubles
endangering safety, and the
motor vehicles with the said hidden troubles shall be prohibited from running
on roads until all the
troubles are removed.
Article 103 Where the government department in charge of motor vehicle
products fails to conduct strict examination and inspection in accordance
with
the State safety and technical standards for motor vehicles and permits
unqualified motor vehicle models to be put into production,
the persons who are
directly in charge and the other persons who are directly responsible shall be
demoted or dismissed from office
as an administrative sanction.
Where a motor vehicle manufacturing
enterprise that is permitted by the government department in charge of motor
vehicle products
to produce certain models of motor vehicles, fails to apply
the State safety and technical standards for motor vehicles or to strictly
conduct quality inspection of its finished products, so as to let its
unqualified motor vehicles leave the plant for sale, the quality
and technology
supervision department shall, in accordance with the relevant provisions of the
Law of the People's Republic of China
on Product Quality, impose a penalty on
it.
Where a unit that manufactures or sells
the models of motor vehicles without permission by the government department in
charge of
motor vehicle products, the finished motor vehicles and the spare
parts illegally manufactured and sold shall be confiscated, and
it shall, in
addition, be fined not less than three times but not more than five times the
value of the unlawful products; if it
has a business license, the
administrative department for industry and commerce shall revoke the license;
and if it has no business
license, it shall be closed down.
Where self-assembled motor vehicles are
turned out or sold or motor vehicles refitted without authorization are turned
out or sold,
a punishment shall be imposed in accordance with the provisions of
the third paragraph of this Article.
Where motor vehicles not in conformity
with the State safety and technical standards for motor vehicles are turned out
or sold in
violation of the provisions in the second, third and fourth
paragraph of this Article, which is serious enough to constitute a crime,
criminal responsibility shall be investigated according to law.
Article 104 Any unit or
individual that, without approval, digs roads or occupies roads for
construction or engages in other activities to the
detriment of road traffic
safety, the department in charge of roads shall instruct it or him to desist
from such illegal acts, to
put the roads back to their original state, and may
impose a fine on it or him according to law. Where losses are caused to the
passing
persons or vehicles or to other property, it or he shall bear the
liability for compensation according to law.
Where road traffic safety is adversely
affected by the acts mentioned in the preceding paragraph, the traffic control
department of
the public security organ may instruct the unit or individual to
desist from the illegal acts in order to speedily restore traffic.
Article 105 Where losses are inflicted on the passing persons or
vehicles or other property because, when a road is under construction or
damages
appear in a road, no warning signs are put up in time and no protective
measures are taken, or there are no traffic signal lights,
traffic signs or
traffic line markings as there ought to be, or no traffic signal lights,
traffic signs or traffic line markings
are altered as they ought to be in time,
the units respectively responsible shall bear the liability for compensation
according to
law.
Article 106 Where a unit or individual plants trees or other plants or
installs billboards, pipelines, etc. on both sides of a road or along the
isolation
belts, so that they shield road lamps, traffic signal lights or traffic signs,
or obstruct the safe range of visibility,
the traffic control department of the
public security organ shall instruct it or him to remove the obstacles; and if
it or he refuses
to comply, a fine of not less than 200 yuan but not more than
2,000 yuan shall be imposed, and the obstacles shall forcibly be removed
and
the expenses thus incurred shall be borne by it or him.
Article 107 Where a disciplinary warning is to be given to, or a fine of
not more than 200 yuan to be imposed on, a violator of road traffic law,
the
traffic policemen may make the decision on administrative penalty on the spot
and produce a written decision on such penalty.
In the written decision on administrative
penalty shall clearly be stated the facts of violation by the party, the basis
for the administrative
penalty, the penalty imposed, the time and place of the
penalty, and the name of the authority that imposes the penalty, and the
written decision shall be signed or sealed by the law-enforcing person.
Article 108 The party shall, within 15 days from the date he receives
the written decision on administrative penalty, pay the fine at the designated
bank.
Where the parties have no objections, the
fines imposed on pedestrians, passengers and drivers of non-motor vehicles may
be collected
on the spot.
Where fines are paid, unified receipts for
fines, made and distributed by the financial departments of provinces,
autonomous regions,
and municipalities directly under the Central Government,
shall be written out; and in the absence of such receipts, the parties
shall
have the right to refuse to pay the fines.
Article 109 Where a party fails to abide by the decision on
administrative penalty at the expiration of the time limit, the administrative
organ
that makes such a decision may take the following measures:
(1) if a fine is not duly paid, an
additional 3 per cent of the amount of the fine per day shall be imposed; and
(2) applying to the People's Court for
compulsory enforcement.
Article 110 Where a traffic policeman, when performing his
duties, deems it necessary to temporarily suspend or to revoke the motor vehicle
driver's
license of a violator of the law on road traffic as a punishment, he
may suspend the driver's license first and, within 24 hours,
transfer the case
to the traffic control department of the public security organ for disposition.
The violator of the law on road traffic
shall, within 15 days, go to the traffic control department of the public
security organ for
disposition. If, without legitimate reasons, the violator
fails to go for the disposition at the expiration of the time limit, his
motor
vehicle driver's license shall be revoked.
Where the traffic control department of
the public security organ suspends temporarily or revokes a motor vehicle
driver's license,
it shall produce a written decision on the administrative
penalty.
Article 111 With respect to detention as an administrative penalty for
violation of the provisions of this Law, the public security bureau or
sub-bureau of a county or city or the public security organ equal to the county
level shall make a ruling.
Article 112 Where the traffic control department of the public security
organ distrains a motor vehicle or non-motor vehicle, it shall produce
a
receipt on the spot, and tell the party to go, within a specified period of
time, to the said department for disposition.
The traffic control department of the
public security organ shall take good care of the distrained vehicles and shall
not use them.
Where the party fails to go for the
disposition at the expiration of the specified period of time, and still fails
to do so three
months after announcement of the matter, the distrained vehicle
shall be disposed of according to law.
Article 113 The term for temporary suspension of a motor vehicle
driver's license shall be calculated from the date the decision on the
punishment
takes effect; and if a motor vehicle driver's license is suspended
before the decision takes effect, the number of days in which
the license is
suspended shall be deducted from the term for temporary suspension.
The interval between revocation of the
license and application for a new one shall be governed by the administrative
regulations on
motor vehicle driver's licenses.
Article 114 The traffic control department of the public security organ
may, on the basis of the technical traffic monitoring records and in accordance
with law, impose a penalty on the owner or manager of the motor vehicle
involved in violation of laws. If the driver can be identified,
it may impose a
penalty on the driver in accordance with the provisions of this Law.
Article 115 Where a traffic policeman commits one of the following acts,
he shall be given an administrative sanction according to law:
(1) issuing the certificate of
registration, number plate, motor vehicle license, or sticker of inspection
certificate to a motor
vehicle that is not in conformity with the statutory
requirements;
(2) giving approval to a motor vehicle
that is not in conformity with the statutory requirements to install and use
alarm sirens and
signal lights, or to spray or paint the sign specially for
police vans, fire engines, ambulances or engineering rescue vehicles;
(3) issuing a motor vehicle driver's
licenses to a person who does not meet the qualifications for a driver's
license, or has not
undergo examinations, or fails in the examinations;
(4) failing to implement the system under
which the decision on fines is separated from the collection of fines, or
failing to turn
over in full to the State Treasury the fees and fines collected
and the unlawful gains confiscated in accordance with law, as is
required by relevant
regulations;
(5) engaging in such business activities
as sponsoring or participating in sponsoring drivers schools or drivers
training classes,
motor vehicle repair shops or pay parking lots;
(6) receiving or accepting another
person's money or things of value or seeking other benefits by taking advantage
of his position;
(7) distraining a vehicle, a motor vehicle
license, a driver's license or the number plate of a vehicle in violation of
law;
(8) using the vehicle distrained according
to law;
(9) collecting a fine on the spot without
producing a receipt or failing to fill out the exact amount of a fine;
(10) disposing of a traffic accident
unfairly by engaging in malpractices for personal gain;
(11) delaying the issuance of the number
plates and certificates of motor vehicles by deliberately making things
difficult;
(12) using alarm sirens and signal lights
when not performing emergency duties;
(13) blocking or inspecting normally
running vehicles in violation of regulations;
(14) blocking a motor vehicle and getting
a lift when not performing emergency duties; or
(15) failing to perform the statutory
duties.
If the traffic control department of the
public security organ commits one of the acts mentioned in the preceding
paragraph, the persons
directly in charge and the other persons directly
responsible shall be given administrative sanctions accordingly.
Article 116 A traffic policeman who is given an administrative sanction
in accordance with the provisions of Article 115 of this Law may be stopped
from performing his duties before a decision on such sanction is made; and when
necessary, he may be placed in confinement.
Where a traffic policeman is demoted or
removed from office as an administrative sanction in accordance with the
provisions of Article
115 of this Law, he may be dismissed.
Where a traffic policeman is discharged as
a sanction or is dismissed, his police rank shall be deprived of; and where a
traffic policeman
is imposed a lighter sanction than removal from office as an
administrative sanction, his police rank shall be reduced.
Article 117 Where a traffic policeman, taking advantage of his functions
and powers, illegally takes public property into his possession, extorts,
receives or accepts bribes, abuses his functions and powers, or neglects his
duties, which is serious enough to constitute a crime,
he shall be investigated
for criminal responsibility according to law.
Article 118 Where the traffic control department of the public security
organ or its traffic policeman commits one of the acts mentioned in Article
115
of this Law, thus causing losses to the party, it or he shall bear the
liability for compensation according to law.
Chapter
VIII
Supplementary
Provisions
Article 119 For purposes of this Law, the meanings of the following
terms are:
(1)
"Roads" mean the highways, urban streets, and places that
although within the scope of the jurisdiction of units, motor
vehicles of the
community are permitted to pass through, including squares and public parking
lots as are used for public passage.
(2)
"Vehicles" mean the motor vehicles and non-motor vehicles.
(3)
"Motor vehicles" mean the wheeled vehicles driven or drawn by
power sets on roads for carrying people, for transporting
cargoes, or for
special engineering operations.
(4)
"Non-motor vehicles" mean such means of transport as are
driven or drawn by man or animal on roads, and the motor wheelchairs
for the
disabled and electrically operated bicycles which are installed with power sets
but the designed maximum speed per hour,
the light quality and the external
size of which are in conformity with the relevant standards of the State.
(5)
"Traffic accidents" mean situations in which vehicles running
on roads cause casualties or property losses through errors
or something
untoward.
Article 120 The relevant departments of the Chinese People's Liberation
Army and the Chinese People's Armed Police Force shall be in charge of
the
issuance of the plates and certificates, and the inspection, of their
registered motor vehicles, and the examination and appraisal
of their motor
vehicle drivers.
Article 121 With respect to tractors running on roads, the department of
agriculture (agricultural machinery) shall exercise the administrative
functions and powers of the traffic control department of the public security
organ as provided for in Articles 8, 9, 13, 19 and
23 of this Law.
When exercising the functions and powers
in accordance with the provisions of the preceding paragraph, the department of
agriculture
(agricultural machinery) shall observe the relevant provisions of
this Law and subject itself to supervision by the traffic control
department of
the public security organ; and violations shall be investigated for legal
responsibility in accordance with the relevant
provisions of this Law.
The plates and certificates of motor
vehicles issued by the department of agriculture (agricultural machinery)
before implementation
of this Law shall continue to be valid after this Law
goes into effect.
Article 122 The State exercises unified control of road traffic safety
in respect of motor vehicles entering our territory from abroad.
Article 123 The standing
committees of the people's congresses of provinces, autonomous regions, and
municipalities directly under the Central
Government may, in light of their
actual local conditions and within the range of the fines provided for in this
Law, fix specific
rates for imposing fines.
Article 124 This Law shall go into effect as of May 1, 2004.
