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15 July 2015

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Law of the People's Republic of China on Road Traffic Safety

(Adopted at the 5th Meeting of the Stangding Committee of the Tenth National People's Congress on October 28, 2003, revised according to the Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on Road Traffic Safety as adopt at the 31st Session of the Standing Committee of the 10th National People's Congress on December 29, 2007.)

 

Contents

Chapter I General Principles

Chapter II Vehicles and Drivers

Section 1 Motor Vehicles and Non-Motor Vehicles

Section 2 Motor Vehicle Drivers

Chapter III Conditions for Road Passage

Chapter IV Provisions on Road Passage

Section 1 General Provisions

Section 2 Provisions on Passage of Motor Vehicles

Section 3 Provisions on Passage of Non-motor Vehicles

Section 4 Provisions on Passage of Pedestrians and Passengers

Section 5 Particular Provisions on Expressways

Chapter V Handling of Traffic Accidents

Chapter VI Supervision over Law Enforcement

Chapter VII Legal Liabilities

Chapter VIII Supplementary Provisions

 

Chapter I General Principles

Article 1 The present Law is formulated with a view to maintaining the road traffic order, preventing and reducing traffic accidents, protecting personal safety, protecting the safety of properties of citizens, legal persons and other organizations, and also other lawful rights and interests, as well as improving the passage efficiency.

 

Article 2 All vehicle drivers, pedestrians, passengers, road traffic activity-related entities and individuals inside the territory of the People's Republic of China shall abide by the present Law.

 

Article 3 The work of road traffic safety shall be in compliance with the principles of administration according to law and facilitating the masses, and shall guarantee the orderliness, safety, and smooth going of the road traffic.

 

Article 4 The people's governments at all levels shall guarantee that the administration of road traffic safety suits the economic construction and social development.

The local people's governments at the county level or above shall adapt to the needs in road traffic development, and shall, in accordance with the road traffic safety laws and regulations as well as the relevant policies of the State, formulate the administrative planning on road traffic safety, and arrange for the implementation thereof.

 

Article 5 The public security institution under the State Council shall be responsible for the administration of road traffic safety nationwide. The traffic administrative departments of the public security organs under the local people's governments at the county level or above shall be responsible for the administration of road traffic safety within their respective jurisdictions.

The traffic and construction administrative departments under the people's governments at the county level and above shall, upon their respective duties, be responsible for the relevant work on road traffic.

 

Article 6 The people's governments at all levels shall educate people regularly about road traffic safety so to improve the citizens' consciousness of road traffic safety.

The traffic administrative departments of the public security organs and their traffic policemen shall, when exercising their functions, strengthen propaganda of road traffic safety laws and regulations, and set examples in abiding to the road traffic safety laws and regulations.

State organs, armed forces, enterprises, public institutions, public organizations and other organizations shall educate their own staff members about road traffic safety.

The administrative departments of education and the schools shall incorporate the education of road traffic safety into legal education.

News agencies, publishing entities, broadcasting and television stations, and other relevant entities are obligated to educate people about road traffic safety.

Article 7 For the administration of road traffic safety, scientific researches shall be strengthened, meanwhile, advanced administrative methods, techniques and equipment shall be extended and used.

 

Chapter II Vehicles and Drivers

Section 1 Motor Vehicles and Non-Motor Vehicles

Article 8 The State applies a system of registration to motor vehicles. A motor vehicle is not allowed to run on road until it has been registered by the traffic administrative department of the public security organ. If an unregistered motor vehicle needs to temporarily run on road, it shall have a temporary passage certificate.

 

Article 9 Whoever applies for the registration of a motor vehicle shall submit the following proofs and certificates:

(1) identification proof of the owner of the motor vehicle;

(2) proof on the provenance of the motor vehicle;

(3) proof on being qualified when the whole motor vehicle left factory or import documentation on the imported motor vehicle;

(4) proof on payment of vehicle purchase tax or documentation on tax-exemption;

(5) other proofs and certificates prescribed by any law or administrative regulation to be submitted for the registration of the motor vehicle.

The traffic administrative department of the public security organ shall, within 5 working days as of accepting an application, complete the registration and examination of the motor vehicle, and shall issue the motor vehicle registration certificate, the plate and the driving permit if the said vehicle meets the conditions prescribed in the preceding paragraph; or shall state the reason of rejecting registration to the applicant if the said vehicle fails to meet the conditions prescribed in the preceding paragraph.

Any entity or individual other than the traffic administrative department of the public security organ shall not issue a motor vehicle plate or demand that a motor vehicle carry any other plate, unless otherwise prescribed by the present Law.

The pattern of the registration certificate, plate and driving permit of a motor vehicle shall be prescribed by and their production shall be supervised by the public security institution under the State Council.

 

Article 10 A motor vehicle which is permitted to be registered shall meet the national technical standards for the safety of motor vehicles. At the time of application for the registration of a motor vehicle, the applicant shall accept the technical inspection of safety on the motor vehicle. However, if a type of new motor vehicle which is produced by an enterprise ascertained by the administrative department of the State for motor vehicle products according to the national technical standards of safety of motor vehicles is found upon inspection to have met such national technical standards when it leaves the factory and a conformity inspection certificate has been obtained, the technical inspection of safety may be exempted.

 

Article 11 Whoever drives a motor vehicle on road shall hang a motor vehicle plate, place the conformity inspection mark and the insurance sign, as well as bring with him the driving permit for the motor vehicle.

A motor vehicle plate shall be hung in accordance with the provisions and be kept clear and integral, instead of being intentionally sheltered or smeared.

No entity or individual shall confiscate or detain any motor vehicle plate.

 

Article 12 In case any of the following circumstances occurs, the corresponding registration shall be made:

(1) The ownership of a motor vehicle is transferred;

(2) Any registered content of a motor vehicle is modified;

(3) A motor vehicle is mortgaged; or

(4) A motor vehicle is discarded as unserviceable.

 

Article 13 For the motor vehicles running on road after registration, technical inspections of safety shall be carried out in accordance with the laws and administrative regulations and in light of such different particulars as the purpose of use, the number of passengers or quantity of goods carried, the service life, etc. of the vehicles. If a driving permit or a compulsory third party liability insurance policy for a motor vehicle is provided, the institution for the technical inspection of safety of motor vehicles shall carry out the inspection, and no entity may set any other conditions. If a motor vehicle meets the national technical standards for safety, the traffic administrative department of the public security organ shall issue the conformity inspection mark.

The technical inspections of safety for motor vehicles shall be conducted by non-government institutions. The specific measures shall be formulated by the State Council.

In the regions where technical inspections of safety of motor vehicles are conducted by non-government institutions, no entity may demand any motor vehicle to be inspected at any designated place.

The traffic administrative department of the public security organ or the institution for technical inspections of motor vehicle safety shall not demand any motor vehicle to be repaired or maintained at any designated place.

The institution for technical inspections of motor vehicle safety shall, if charging fees for the inspections of motor vehicles, strictly comply with the charging rates ratified by the price administrative institution under the State Council.

 

Article 14 The State applies a system of compulsory discarding unserviceable to motor vehicles, and prescribes different standards for discarding motor vehicles as unserviceable in light of their safety and technical conditions as well as their different purposes of use.

For a motor vehicle which ought to be discarded as unserviceable, it must be deregistered in good time.

A motor vehicle which reaches the standards for being discarded as unserviceable shall not run on road. The large passenger vehicles, wagons and other commercial operating vehicles which have been discarded as unserviceable shall be disassembled under the supervision of the traffic administrative department of the public security organ.

 

Article 15 Police cars, fire engines, ambulances and engineering emergency vehicles shall be painted with marked patterns and be installed with alarms and identification lamps in accordance with relevant provisions. Other motor vehicles shall not be painted or installed with or use any of the marked patterns, alarms or identification lamps specifically used by or similar to those of the aforementioned vehicles.

Police cars, fire engines, ambulances and engineering emergency vehicles shall be used strictly pursuant to the prescribed purposes and conditions.

The special vehicles for highway supervision and inspection shall be set up with uniform marks and warning lamps in accordance with the provisions of the Highway Law.

 

Article 16 No entity or individual may:

(1) assemble any motor vehicle or discretionally change the registered structure, framework or features of any motor vehicle;

(2) change the motor vehicle type, engine number, chassis number or vehicle identification number;

(3) forge, alter or use forged or altered registration certificate, plate, driving permit, conformity inspection mark or insurance sign of any motor vehicle; or

(4) use the registration certificate, plate, driving permit, conformity inspection mark or insurance sign of any other motor vehicle.

 

Article 17 The State applies a compulsory third party liability insurance system to motor vehicles, and establishes social assistance funds for road traffic accidents. The specific measures shall be formulated by the State Council.

 

Article 18 A non-motor vehicle which ought to be lawfully registered may not run on road until it has been registered by the traffic administrative department of the public security organ.

The categories of the non-motor vehicles which ought to be lawfully registered shall be prescribed by the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government in light of their respective local actual situations.

The external size, quality, brakes, bell and night retroreflecting device of a non-motor vehicle shall meet the technical standards for safety of non-motor vehicles.

 

Section 2 Motor Vehicle Drivers

Article 19 Whoever drives a motor vehicle shall have lawfully obtained a motor vehicle driving license.

Whoever applies for a motor vehicle driving license shall meet the conditions for driving permission as prescribed by the public security institution under the State Council; after he is found upon examination be qualified, the traffic administrative department of the public security organ shall issue a motor vehicle driving license of the corresponding category.

Whoever holds an overseas motor vehicle driving license may, if meeting the conditions for driving permission as prescribed by the public security institution under the State Council, and assessed by the traffic administrative department of the public security organ to be qualified, be issued a Chinese motor vehicle driving license.

A driver shall drive a motor vehicle of the permitted type as stated on his driving license; and shall, when driving the motor vehicle, bring with him his motor vehicle driving license.

No entity or individual other than the traffic administrative department of the public security organ may confiscate or detain a motor vehicle driving license.

 

Article 20 The trainings on motor vehicle driving shall be conducted by non-government institutions. For this purpose, the traffic administrative department shall apply qualification administration to the driving training schools and driving training classes, among which, the qualification administration of driving training schools and driving training classes for special tractors shall be carried out by the agricultural (agricultural machinery) administration.

The driving training schools and driving training classes shall, in strict accordance with the relevant provisions of the State, hold trainings on road traffic safety laws and regulations as well as driving skills for the students and trainees, and guarantee the training quality.

No State organ or administrative department for driving trainings and examinations may hold or participate in holding driving training schools or driving training classes.

 

Article 21 A driver shall, before driving a motor vehicle on road, carefully examine the safety and technical performance of the motor vehicle; and shall not drive a motor vehicle with hidden safety perils, for example, the safety facilities are incomplete or the components do not meet the technical standards, and so on.

 

Article 22 Motor vehicle drivers shall abide by road traffic safety laws and regulations, and drive the vehicle safely and courteously according to the operation rules.

Whoever has drunk alcohol or taken psychotropic drugs or narcotics controlled by the State, or is suffering from a disease which impedes him from driving a motor vehicle safely, or is too tired to drive safely, shall not drive a motor vehicle.

No one shall force, instigate or connive at a driver to violate the road traffic safety laws and regulations or the driving requirements on motor vehicle safety to drive a motor vehicle.

 

Article 23 The traffic administrative department of the public security organ shall, in accordance with the laws and administrative regulations, inspect the motor vehicle driving licenses at regular intervals.

 

Article 24 The traffic administrative department of the public security organ shall apply a system of keeping accumulative scores to the motor vehicle drivers who violate the road traffic safety laws and regulations in addition to imposing administrative penalties upon them in accordance with the law. The traffic administrative department of the public security organ shall detain the motor vehicle driving licenses of those whose accumulative scores have reached the prescribed limit, arrange for the education of road traffic safety laws and regulations and the corresponding re-examinations for them; the motor vehicle driving licenses shall be returned to those who are examined to be qualified.

For the motor vehicle drivers who abide by the road traffic safety laws and regulations, and have no accumulative scores within one year, the period for inspection of their motor vehicle driving licenses may be extended. The specific measures shall be formulated by the public security institution under the State Council.

 

Chapter III Conditions for Road Passage

Article 25 The uniform road traffic signals shall be applied throughout the country.

Traffic signals include traffic signal lamps, traffic signs, traffic line markings and the command of traffic policeman.

The traffic signal lamps, traffic signs and traffic line markings shall be set up in conformity with the requirements on safe and smooth road traffic and the national standards, and be kept clear, eye-catching, accurate and integral.

Road traffic signals shall be added, changed or renewed in time upon the need of passage. The add, change or renewal of restrictive road traffic signals shall be announced to the public in advance, and propaganda shall be carried out extensively.

 

Article 26 The traffic signal lamps shall be composed of red light, green light and amber light. The red light means prohibition of passage, the green light means permission of passage, while the amber light means a warning.

 

Article 27 Warning lights, warning marks or safety protection facilities shall be set up at a crossing where a railway and a road intersects on a plane. At a railway crossing not watched by any one, warning marks shall be set up at a certain distance from the crossing.

 

Article 28 No entity or individual may discretionally set up, remove, occupy or damage any traffic signal lamp, traffic sign or traffic line marking.

The trees and other plants along both sides of the road or along the median strip, as well as the installed advertisement boards and pipelines, etc., shall be kept a necessary distance away from the traffic facilities, and shall not shelter road lamps, traffic signal lamps or traffic signs, or impede the safe range of visibility, or affect the passage.

 

Article 29 The planning, design and construction of roads, parking lots and auxiliary road facilities shall meet the requirements on safe and smooth road traffic, and be adjusted in time where the traffic so requires.

Where the traffic administrative department of the public security organ finds that a road which has been put into use contains any section where traffic accidents often occur, or that any serious hidden trouble of traffic safety exists in a parking lot or the auxiliary road facilities, it shall report to the local people's government in time, and render suggestions on preventing the traffic accidents and eliminating the hidden trouble, while the local people's government shall make a handling decision in time.

 

Article 30 Where a road collapses, pits, is damaged by water, protrudes or is damaged otherwise, or any of such traffic facilities as a traffic signal lamp, a traffic sign or the traffic line markings are damaged or lost, the maintenance department or administrative department of road or traffic facilities shall set up warning marks and restore the road or repair the facilities in time.

Where the traffic administrative department of the public security organ finds any circumstance in the preceding paragraph, which endangers the traffic safety, and no warning mark is set up, it shall take safety measures in time, direct the flow of traffic, and notify the maintenance department or administrative department of road or traffic facilities.

 

Article 31 No entity or individual may, without permission, occupy the road to engage in non-traffic activities.

 

Article 32 Where, due to the needs in project construction, a road has to be occupied or dug, or pipeline facilities have to be put up over or through a road, it shall obtain the consent of the road administrative department in advance; if the traffic safety is affected, it shall also obtain the consent of the traffic administrative department of the public security organ as well.

A construction entity shall work on the approved road section and within the approved time, and set up an obvious safety warning mark at a safe distance from the workplace facing the coming vehicles, and take prevention measures, as well; after the work, it shall promptly clean up the obstacles on the road, and eliminate the hidden trouble of safety, and may not restore the passage until the road has been inspected by the road administrative department and the traffic administrative department of the public security organ to be qualified for the passage.

With respect to the road under construction where the traffic is not suspended, the traffic administrative department of the public security organ shall strengthen the supervision and inspection of the traffic safety, and maintain the road traffic order.

 

Article 33 The newly-built, rebuilt or extended public buildings, commercial blocks, residential quarters and large (medium) sized buildings, etc. shall be equipped or added with parking lots; if the parking area is insufficient, it shall be rebuilt or extended in time; no one shall discretionally suspend the use of a parking lot which has been put into use or use it for any other purpose

Where the passage of pedestrians and vehicles is not affected, the relevant government department may delimit parking area within the scope of urban roads.

 

Article 34 Where a road in front of the gate of a school, kindergarten, hospital or a home for the aged has no pedestrian crossing facilities, crosswalk lines shall be delimited, and indication marks shall be set up.

On the pavements of the major urban roads, blind tracks shall be set up pursuant to the planning. The setup of the blind tracks shall meet the national standards.

 

Chapter IV Provisions on Road Passage

Section 1 General Provisions

Article 35 Both motor vehicles and non-motor vehicles shall pass on the right side.

 

Article 36 Where, as road conditions and passage so requires, a road is divided into motor vehicle driveways, non-motor vehicle driveways and pavements, motor vehicles, non-motor vehicles and pedestrians shall pass along the road in their respective lanes. Where the road is not divided into motor vehicle driveways, non-motor vehicle driveways and pavements, motor vehicles shall pass along the middle of the road, while non-motor vehicles and pedestrians shall pass along both sides of the road.

 

Article 37 Where a special driveway is delimited on a road, only prescribed vehicles are allowed to pass within the special driveway, and no other vehicle may drive into the special driveway.

 

Article 38 Vehicles and pedestrians shall pass according to the traffic signals; or pass according to on-the-spot command of the traffic policeman, if any; or shall, if along a road without any traffic signal, pass pursuant to the principle of guaranteeing the safety and smooth going.

 

Article 39 The traffic administrative department of the public security organ may, in light of the specific circumstance of the road and the traffic flow, take such measures against the motor vehicles, non-motor vehicles and pedestrians as directing the flow, restricting the passage or prohibiting the passage, etc. If, in the event of a large mass activity or large-scope construction, etc., it is necessary to take measures restricting the traffic, or to make a decision directly relating to the road traffic activities of the public, it shall be announced to the public in advance.

 

Article 40 If, in the event of any circumstance which seriously affects the traffic safety such as natural disasters, atrocious weather conditions or major traffic accidents, etc., it is difficult to guarantee the traffic safety by taking other measures, the traffic administrative department of the public security organ may practice traffic control.

 

Article 41 Other specific provisions on the relevant road passage shall be formulated by the State Council.

 

Section 2 Provisions on Passage of Motor Vehicles

Article 42 A motor vehicle shall not, if driving on the road, exceed the maximum speed per hour as indicated on the speed limitation mark; or shall, if on a road section without any speed limitation mark, keep a safe speed.

When a vehicle is driving at night or on a road section where dangers are easy to occur, or in case of such weather conditions as dust, hailstorm, rain, snow, fog, freezing, etc., it shall run at a lower speed.

 

Article 43 For any two motor vehicles running in a same driveway, the vehicle at the back shall keep a safe distance from the vehicle ahead enough for taking emergency braking measures. Overtaking is not allowed under any of the following circumstances:

(1) The vehicle ahead is turning left, turning around or overtaking another vehicle ahead;

(2) The vehicle concerned is possible to meet another vehicle coming from the opposite direction;

(3) The vehicle ahead is a police car, fire engine, ambulance or engineering emergency vehicle that is performing an urgent task;

(4) The vehicle concerned is passing a railway crossing, intersection, narrow bridge, curved road, steep slope, tunnel, crosswalk, or a downtown road section with large traffic flow, etc., where there is no condition for overtaking.

 

Article 44 A motor vehicle shall pass an intersection according to the traffic signal lamps, traffic signs, traffic line markings or the command of the traffic policeman; or shall, when passing an intersection without any traffic signal lamp, traffic sign, traffic line markings or command of traffic policeman, slow down to run slowly, and let the pedestrians and the vehicles with passage priority to pass first.

 

Article 45 When a motor vehicle meets the vehicles ahead which are waiting in a queue or are running slowly, it shall not overtake the vehicle(s) ahead or occupy the driveway on the other side, nor shall it pass through the waiting vehicles.

The motor vehicles shall, when driving on a road section or at a road junction where the driveways are decreasing, or when parked for waiting in a queue or running slowly at an intersection without any traffic signal lamp, traffic sign, traffic line markings or command of traffic policeman, pass alternatively in turn.

 

Article 46 A motor vehicle shall pass a railway crossing according to the traffic signals or the traffic manager's command; if there is no traffic signal or traffic manager, it shall slow down or stop, and may not pass until believing that it is safe to do so.

 

Article 47 A motor vehicle shall slow down when passing a crosswalk; or shall stop to give way when a pedestrian is passing the crosswalk.

When a motor vehicle is passing a road without traffic signal and a pedestrian is crossing the road, it shall give way.

 

Article 48 A motor vehicle that carries goods shall conform to the ratified load capacity, and it is strictly prohibited to be overloaded; the length, width and height of the carried goods shall not violate the loading requirements, and the carried goods shall not be dropped or scattered.

A motor vehicle carrying overloaded articles which cannot be dismantled, thus affecting the traffic safety shall run according to the time, route and speed designated by the traffic administrative department of the public security organ, and carry an obvious mark. If it carries on the highway the overloaded articles which cannot be dismantled, it shall comply with the provisions of the Highway Law as well.

If a motor vehicle carries explosives, inflammable or explosive chemicals, virulent or radioactive substances or other dangerous substances, it shall obtain the approval of the public security organ for running according to the designated time, route and speed, carry a warning mark, and necessary safety measures shall be taken accordingly.

 

Article 49 A motor vehicle shall not carry persons by exceeding the ratified number, and a passenger transport motor vehicle shall not violate the provisions regarding the carriage of goods.

 

Article 50 Freight motor vehicles are prohibited to carry passengers.

If a freight motor vehicle needs to bring workers, safety measures shall be taken to protect the workers.

 

Article 51 When a motor vehicle is running, the driver and the passengers shall use the safety belts in accordance with the provisions. A motorcycle driver and the passenger shall wear the safety helmets in accordance with the provisions.

 

Article 52 When a motor vehicle meets with a breakdown on road, and needs to be parked for elimination of the breakdown, the driver shall immediately turn on the danger emergency alarm flash light, and move the motor vehicle to be parked at a place where the traffic will not be impeded; if the motor vehicle is difficult to be moved, the driver shall continuously turn on the danger emergency alarm flash light, and set up a warning mark towards the direction facing the coming vehicles, or take other measures to enlarge the warning distance, and shall, when necessary, promptly call the police.

 

Article 53 When a police car, fire engine, ambulance or engineering emergency vehicle is performing an urgent task, it may use the alarm or the identification lamps; on the premise of guaranteeing safety, it is not subject to the restriction of driving route, driving direction, driving speed or signal lamp, and other vehicles and pedestrians shall give way.

When a police car, fire engine, ambulance or engineering emergency vehicle is not performing any urgent task, it may not use the alarm or the identification lamps, and does not have the priority to pass on road as prescribed in the preceding paragraph.

 

Article 54 When a road maintenance vehicle or an engineering operation vehicle is working, its driving route and direction shall not be restricted by traffic signs or line markings it does not affect the passage of the passing vehicles, and the passing vehicles and pedestrians shall give way.

Such motor vehicles as watering carts, sweeping vehicles, etc. shall work according to the standards for safe operation; under the circumstance of not affecting the passage of other vehicles, they are not restricted by the rule that vehicles shall run along the road in their respective lanes, provided that they do not run in an opposite direction.

 

Article 55 Tractors are prohibited to pass along expressways or roads in central areas of large and medium-sized cities. Other roads where tractors are prohibited to pass shall be prescribed by the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government in light of their respective local actual situations.

Tractors may be used to engage in freight transportation on the roads where tractors are permitted to pass, but may not be used to carry persons.

 

Article 56 Motor vehicles shall be parked at the prescribed places. It is prohibited to park any motor vehicle on the pavement; except for the parking areas designated in accordance with Article 33 of the present Law.

Whoever temporarily parks a vehicle on road shall not impede the passage of other vehicles or pedestrians.

 

Section 3 Provisions on Passage of Non-motor Vehicles

Article 57 Whoever drives a non-motor vehicle on road shall abide by the relevant provisions on traffic safety. Non-motor vehicles shall run within the non-motor vehicle lanes; or shall, on the road without non-motor vehicle lanes, run by the right side of the vehicle lane.

 

Article 58 When a motor wheel chair vehicle of a disabled person or an electric bicycle is running within the non-motor vehicle lane, the maximum speed per hour shall not exceed 15 kilometers.

 

Article 59 Non-motor vehicles shall be parked at the prescribed places. If no parking place is designated, the parking of non-motor vehicles shall not impede other vehicles or pedestrians to pass.

 

Article 60 Whoever drives an animal-drawn cart shall use a domestic animal; when driving an animal-drawn cart to cross the road, the driver shall get off the cart to lead the animal; and shall tie the animal up when he leaves the vehicle.

 

Section 4 Provisions on Passage of Pedestrian and Passengers

Article 61 Pedestrians shall walk inside the pavement, or walk on the right side of the road if there is no pavement.

 

Article 62 A pedestrian shall, if passing a road junction or crossing a road, walk the crosswalk or pedestrian crossing facilities; or shall pass a crosswalk with traffic signal lamps according to the indications of the traffic signal lamps; or shall pass a road junction without traffic signal lamps or crosswalk, or cross a road at the road section without pedestrian crossing facilities after making sure that it is safe to do so.

 

Article 63 No pedestrian shall stride over or lean on the segregation facilities of the road, nor shall he jump onto a vehicle or stop a vehicle by force or commit any other act impeding the road traffic safety.

 

Article 64 Where a preschool child or a patient of mental disease or person with intellectual disability who is unable to identify and control his own act passes on road, he shall be led by his guardian, a person entrusted by his guardian or a person with duties of caring and protecting him.

A blind person shall use a blind crutch or take other blind-guide means to pass on a road, and the vehicles shall give way to the blind person.

 

Article 65 A pedestrian shall pass a railway crossing according to the traffic signals or the command of the traffic manager; if there are no traffic signals or traffic manager, he shall pass promptly after confirming that no train is coming.

 

Article 66 A passenger shall not bring dangerous articles which are inflammable or explosive, or throw articles out of the vehicle, or commit any act affecting the driver's safe driving.

 

Section 5 Particular Provisions on Expressways

Article 67 None of the pedestrians, non-motor vehicles, tractors, special wheeled mechanical vehicles, hinged passenger vehicles, trailers and other motor vehicles whose designed maximum speed per hour is lower than 70 kilometers, may enter an expressway. The maximum speed per hour indicated on the speed limitation mark of an expressway shall not exceed 120 kilometers.

 

Article 68 When a motor vehicle meets with a breakdown on the expressway, it shall be handled in accordance with the relevant provisions of Article 52 of the present Law; however, the warning mark shall be set up outside 150 meters in a coming direction from the broken-down vehicle, and the persons in the vehicle shall be promptly transferred to the road shoulder on the right side or into the emergency driveway, and the police shall be called promptly.

Where a motor vehicle meets with a breakdown or traffic accident on the expressway, and is unable to run normally, it shall be pulled or drawn by a rescue vehicle or a wrecker.

 

Article 69 No entity or individual may hold up a running vehicle on expressway for inspection, except the people's police of the public security organ who are performing urgent public duties in accordance with the law.

Chapter V Handling of Traffic Accidents

 

Article 70 If a traffic accident occurs on road, the vehicle driver shall immediately park the vehicle and protect the scene; if it causes any personal injury or death, the vehicle driver shall immediately rescue the injured, and promptly report to the traffic policeman on duty or the traffic administrative department of the public security organ. If the scene is changed due to rescue of the injured, the location shall be indicated. The passengers, the drivers of the passing vehicles and the passing pedestrians shall provide assistances.

If a traffic accident occurs on road, causing no personal injury or death, and the parties concerned have dispute over the facts and the causes, they may immediately withdraw from the scene, restore the traffic, and negotiate between themselves on handling the indemnity for the damage; if they do not withdraw from the scene immediately, they shall promptly report to the traffic policeman on duty or the traffic administrative department of the public security organ.

In case of a traffic accident on road, which causes only minor property losses, and the basic facts are clear, the parties concerned shall first withdraw from the scene and then negotiate for settlement.

 

Article 71 Where a vehicle flees away from the scene after the occurrence of a traffic accident, the witnesses of the scene and other persons in the know shall expose it to the traffic administrative department of the public security organ or the traffic policeman. If the exposure is true to the fact, the traffic administrative department of the public security organ shall grant awards.

 

Article 72 After the traffic administrative department of the public security organ receives a call on a traffic accident, it shall immediately send traffic policemen to the scene, who shall first arrange for the rescue of the injured, and then take measures to restore the traffic as soon as possible.

The traffic policemen shall inspect the scene of the traffic accident and collect evidences; if needed in collecting evidence, they may detain the vehicle in accident, but shall keep it appropriately for verification.

For carrying out an inspection of the physiological or mental conditions, etc. of the party concerned, which requires good specialty, the traffic administrative department of the public security organs shall entrust a special institution to expertise it. The expert conclusion shall be signed by the expert witness.

 

Article 73 The traffic administrative department of the public security organ shall, in light of the inspected and investigated information on the scene of the traffic accident as well as the relevant conclusions from the inspection and surveying, make a written conclusion of inspection or surveying on the traffic accident in time, which shall be deemed as the evidence for handling the traffic accident. The written conclusion on the traffic accident shall state the basic facts, the causes of the traffic accident and the liabilities of the parties concerned, and be served to the parties concerned.

 

Article 74 With respect to a dispute over indemnity for the damage from a traffic accident, the parties concerned may either request traffic administrative department of the public security organ for conciliation, or directly bring a civil litigation to the people's court.

If, after conciliation held by the traffic administrative department of the public security organ, the parties fail to reach an agreement or refuse to perform the conciliation statement after it goes into effect, they may bring a civil litigation to the people's court.

 

Article 75 A medical institution shall timely rescue those who are injured in traffic accidents, and shall not delay the cure due to failure to pay the rescue expenses in time. If the vehicle causing the traffic accident has bought the compulsory third party liability insurance, the insurance company shall pay the rescue expenses within the scope of the liability limit; if the rescue expenses exceed the liability limit, and the vehicle causing the traffic accident has not bought the compulsory third party liability insurance or flees away from the scene after causing the traffic accident, part or the whole of the rescue expenses shall be temporarily paid in advance from the social assistance fund for road traffic accidents, and the institution managing the social assistance fund for road traffic accidents shall be entitled to recover such expenses from the party liable for the traffic accident.

 

Article 76 Where a motor vehicle meets with a traffic accident and causes personal injury or death or any property loss, the insurance company shall pay indemnity within the limit of the compulsory third party liability insurance liability for the motor vehicle. The part in excess of the liability limit shall be indemnified according to the following provisions:

1. Where a traffic accident occurs between motor vehicles, the faulty party shall bear the liabilities; if both parties are in fault, they shall each bear their proper share of the liabilities; and

2. Where a traffic accident occurs between a motor vehicle and a non-motor vehicle driver or a pedestrian, if the non-motor vehicle driver or pedestrian is not in fault, the motor vehicle driver shall bear the liabilities; however, if there is any evidence to prove that the non-motor vehicle driver or the pedestrian is in fault, the motor vehicle driver's liabilities may be properly mitigated in light of the degree of fault; and if the motor vehicle is not in fault at all, the motor vehicle driver shall bear no more than 10% of compensation liabilities.

Where the losses of the traffic accident are caused by the deliberate collision of the motor vehicle by a non-motor vehicle driver or a pedestrian, the motor vehicle driver shall bear no liabilities.

 

Article 77 For an accident occurring at the time of passage of a vehicle outside the road, the traffic administrative department of the public security organ shall, after receiving report of the accident, handle the matter with reference to the relevant provisions of the present Law.

 

Chapter VI Supervision over Law Enforcement

Article 78 The traffic administrative department of the public security organ shall strengthen the management of its traffic policemen, improve the quality of the traffic policemen and raise their level of managing the road traffic.

The traffic administrative department of the public security organ shall provide trainings and assessments to the traffic policemen on legal knowledge and traffic safety management. Any traffic policeman who is assessed to be unqualified shall not be on post to perform his duties.

 

Article 79 The traffic administrative department of the public security organ and its traffic policemen shall, when conducting management of road traffic safety, comply with their statutory powers and procedures, simplify the formalities for handling affairs, and to be impartial, strict, courteous and highly efficient.

 

Article 80 A traffic policeman shall, when performing his duties, be dressed in accordance with the provisions, and adorned with a mark of the people's police, hold the certificate of the people's police, keep a solemn and neat police appearance, have a graceful manner, and command the traffic in a standardized way.

 

Article 81 The costs of production of certificates issued in accordance with the present Law shall be strictly in compliance with the charging rates ratified by the price administrative institution under the State Council, and shall be totally turned in to the State treasury.

 

Article 82 Where the traffic administrative department of the public security organ lawfully imposes an administrative penalty of fine, the decision on the fine and the confiscation of the fine shall be separated in accordance with the relevant laws and administrative regulations; all the confiscated fine and the lawfully confiscated illegal proceeds shall be totally turned in to the State treasury.

 

Article 83 Where a traffic policeman who investigates into and handles an illegal act or traffic accident on road traffic safety is under any of the following circumstances, he shall withdraw:

(1) He is a party to the case or a near relative of a party;

(2) He himself or his near relative has an interest relationship with the case; or

(3) He has some other kind of relationship with a party to the case, which might affect the impartial handling of the case.

 

Article 84 The administrative law enforcement activities carried out by the traffic administrative department of the public security organ and its traffic policemen shall be subject to the supervision of the administrative supervision organ in accordance with the law.

The supervision department of the public security organ shall supervise the execution of laws and regulations as well as the compliance of disciplines by the traffic administrative department of the public security organ and its traffic policemen.

The traffic administrative department of a superior public security organ shall supervise the law enforcement activities of the traffic administrative department of an inferior public security organ.

 

Article 85 The traffic administrative department of the public security organ and its traffic policemen shall, when performing the duties, consciously accept the supervision of the public and of citizens.

Any entity and individual shall have the right to charge against or expose the traffic administrative department of the public security organ and its traffic policemen for their perfunctory law enforcement or their acts in violation of laws or disciplines. The organ receiving a charge or exposure shall timely investigate into the case to the effect of its duties.

 

Article 86 No entity may assign either directly or in a disguised form a fine quota to the traffic administrative department of the public security organ; nor may the traffic administrative department of the public security organ regard the amount of fines as the standard for assessing traffic policemen.

The traffic administrative department of the public security organ and its traffic policemen shall have the right to refuse to implement the instructions beyond law and regulations, and shall meanwhile report to the superior organ.

 

Chapter VII Legal Liabilities

Article 87 The traffic administrative department of the public security organ and its traffic policemen shall timely correct the illegal acts on road traffic safety.

The traffic administrative department of the public security organ and its traffic policemen shall, on the basis of the facts and in accordance with the relevant provisions of the present Law, impose penalties upon the illegal acts on road traffic safety, or shall point out the illegal acts whose circumstances are too minor to affect the road passage, and impose an oral warning before release.

 

Article 88 The categories of the penalties against illegal acts on road traffic safety include: warning, fine, temporary seizure or revocation of the motor vehicle driving license, and detention.

 

Article 89 Where a pedestrian, passenger or non-motor vehicle driver violates any of the provisions in the road traffic safety laws or regulations on passing along road, he shall be imposed upon a warning or a fine of 5 Yuan up to 50 Yuan; if the non-motor vehicle driver refuses to accept the penalty of fine, his non-motor vehicle may be detained.

 

Article 90 Where a motor vehicle driver violates any of the provisions in road traffic safety laws or regulations on road passage, he shall be imposed upon a warning or a fine of 20 Yuan up to 200 Yuan, or the penalty shall be imposed in accordance with otherwise provisions, if any, in the present Law.

 

Article 91 Whoever drives a motor vehicle after drinking alcohol shall be imposed upon the penalty of temporary seizure of his motor vehicle driving license for not less than 1 month but not more than 3 months, and be imposed upon a fine of not less than 200 Yuan but not more than 500 Yuan as well; whoever drives a motor vehicle when he is drunk shall be restricted by the traffic administrative department of the public security organ until he becomes sober, be detained for not more than 15 days, be imposed upon the penalty of temporary seizure of his motor vehicle driving license for not less than 3 months but not more than 6 months, and be imposed upon a fine of not less than 500 Yuan but not more than 2000 Yuan as well.

Whoever drives a commercial operating motor vehicle after drinking alcohol shall be imposed upon the penalty of temporary seizure of his motor vehicle driving license for 3 months, and be imposed upon a fine of 500 Yuan as well; whoever drives a commercial operating motor vehicle when he is drunk shall be restricted by the traffic administrative department of the public security organ until he becomes sober, be detained for not more than 15 days, be imposed upon the penalty of temporary seizure of his motor vehicle driving license for 6 months, be imposed upon a fine of 2000 Yuan as well.

Where anyone is penalized for twice or more within one year due to his drunken driving as prescribed in the preceding two paragraphs, his motor vehicle driving license shall be canceled, and he shall not drive a commercial operating motor vehicle within 5 years.

 

Article 92 A highway passenger transport vehicle that carries passengers in excess of the rated ones shall be imposed upon a fine of not less than 200 Yuan but not more than 500 Yuan; if it exceeds the rated passengers by 20% or violates the provisions to carry goods, it shall be imposed upon a fine of not less than 500 Yuan but not more than 2000 Yuan.

A freight motor vehicle that exceeds the ratified load capacity shall be imposed upon a fine of not less than 200 Yuan but not more than 500 Yuan; if it exceeds the ratified load capacity by 30% or violates the provisions to carry passengers, it shall be imposed upon a fine of not less than 500 Yuan but not more than 2000 Yuan.

In case of any of the acts in the preceding two paragraphs, the motor vehicle involved shall be detained by the traffic administrative department of the public security organ until the illegal situation has been eliminated.

Where a transport entity's vehicle is under the circumstance as described in Paragraph 1 or 2 of the present Article, and remains uncorrected after penalties, the directly responsible person in charge shall be imposed upon a fine of not less than 2000 Yuan but not more than 5000 Yuan.

 

Article 93 To anyone who violates the road traffic safety laws or regulations on parking or temporarily parks motor vehicles, his illegal acts may be pointed out, meanwhile he shall be imposed upon the penalty of oral warning, and be ordered to drive away immediately.

Where a motor vehicle driver is not at the scene, or is at the scene but refuses to drive away immediately, thus impeding the passage of other vehicles and pedestrians, he shall be imposed upon a fine of not less than 20 Yuan but not more than 200 Yuan, and the motor vehicle may be drawn to a place not impeding the traffic or a place designated by the traffic administrative department of the public security organ for parking. The traffic administrative department of the public security organ shall not charge any fee from the party for drawing the vehicle, but shall timely inform the party of the parking place.

Whoever damages a motor vehicle for drawing it in an incorrect method shall bear the compensation liability in accordance with the law.

 

Article 94 Where an institution for technical inspection of safety of motor vehicles charges fees by exceeding the charging rates ratified by the price administrative institution under the State Council for making a technical inspection of safety of a motor vehicle, the over charged fees shall be refunded, and the price administrative department shall impose penalties in accordance with the relevant provisions of the "Price Law of the People's Republic of China".

Where an institution for technical inspection of safety of motor vehicles does not comply with the national technical standards for safety of motor vehicles to make inspections, and issues false inspection conclusions, it shall be fined by the traffic administrative department of the public security organ of not less than 5 times but not more than 10 times the charged inspection fees, and its inspection qualification shall be revoked in accordance with the law; if a crime is constituted, it shall be subject to criminal liabilities in accordance with the law.

 

Article 95 Where no motor vehicle plate is carried, or no conformity inspection mark or insurance sign is placed on a motor vehicle running on road, or no driving permit or driving license is brought with the said motor vehicle, the traffic administrative department of the public security organ shall detain the motor vehicle, notify the party concerned to provide the corresponding certificate or mark, or to make up the corresponding formalities, and may, in accordance with Article 90 of the present Law, impose penalties. If the party concerned has provided the corresponding certificate or mark or has made up corresponding formalities, his motor vehicle shall be returned in time.

Whoever intentionally shelters, smears or does not comply with the provisions to install a motor vehicle plate shall be penalized in accordance with Article 90 of the present Law.

 

Article 96 Where anyone forges, alters or uses forged or altered motor vehicle registration certificate, plate, driving permit, conformity inspection mark, insurance sign or driving license or uses the motor vehicle registration certificate, plate, driving permit, conformity inspection mark or insurance sign of any other vehicle, they shall be confiscated and the motor vehicle shall be or detained by the traffic administrative department of the public security organ, and a fine of not less than 200 Yuan but not more than 2000 Yuan shall be imposed; if a crime is constituted, he shall be subject to criminal liabilities in accordance with the law.

Where the party concerned provides corresponding lawful proof or makes up corresponding formalities, the motor vehicle shall be returned in time.

 

Article 97 The illegally installed alarms and identification lamps shall be compulsorily dismantled and be confiscated by the traffic administrative department of the public security organ, and the party concerned shall be imposed upon a fine of not less than 200 Yuan but not more than 2000 Yuan.

 

Article 98 Where a motor vehicle owner or manager does not buy the compulsory third party liability insurance for motor vehicles in accordance with the provisions of the State, the traffic administrative department of the public security organ shall detain the vehicle until the owner or manager has bought the said insurance in accordance with the provisions, and the owner or manager shall be imposed upon a fine of twice the insurance premium payable at the minimum liability limit in accordance with the provisions.

The fines paid in accordance with the preceding paragraph shall be totally included into the social assistance fund for road traffic accidents. The specific measures shall be formulated by the State Council.

 

Article 99 Whoever has any of the following acts shall be imposed upon a fine of not less than 200 Yuan but not more than 2000 Yuan by the traffic administrative department of the public security organ:

(1) Driving a motor vehicle without obtaining the motor vehicle driving license, or when his motor vehicle driving license is revoked, or during the period when his motor vehicle driving license is temporarily seized;

(2) Delivering a motor vehicle to be driven by a person who has no motor vehicle driving license or whose motor vehicle driving license is revoked or temporarily seized;

(3) Fleeing away from the scene after causing a traffic accident, with no crime being constituted;

(4) Driving a motor vehicle exceeding the prescribed speed per hour by 50%;

(5) Forcing a motor vehicle driver to violate the road traffic safety laws or regulations or the requirements on safe driving of motor vehicles to drive a motor vehicle, thus causing a traffic accident, but no crime is constituted;

(6) Violating the provisions on traffic control to pass by force, without listening to the dissuasion;

(7) Intentionally damaging, moving or altering traffic facilities, causing endangering consequences, but no crime is constituted; or

(8) Illegally hold up or detain a motor vehicle, without listening to the dissuasion, thus causing serious traffic jam or heavy property losses.

Where a violator is under the circumstance in Item 2 or 4 of the preceding paragraph, his motor vehicle driving license may be revoked as well; if he is under any of the circumstances in Item (1), (3) and (5) through (8), he may be detained for not more than 15 days.

 

Article 100 If any assembled motor vehicle or any motor vehicle which has reached the standards for being discarded as unserviceable is driven on road, it shall be confiscated by the traffic administrative department of the public security organ, and be compulsorily discarded as unserviceable.

A driver who drives a motor vehicle enumerated in the preceding paragraph to run on road shall be imposed upon a fine of not less than 200 Yuan but not more than 2000 Yuan, and his motor vehicle driving license shall be revoked.

Whoever sells a motor vehicle which has reached the standards for being discarded as unserviceable shall be confiscated of his illegal proceeds and be imposed upon a fine equal to the sales amount, while the motor vehicle shall be handled in accordance with Paragraph 1 of the present Article.

 

Article 101 Whoever violates the road traffic safety laws or regulations, thus causing a heavy traffic accident shall, if a crime is constituted, be subject to criminal liabilities in accordance with the law, and his motor vehicle driving license shall be revoked by the traffic administrative department of the public security organ.

Where anyone flees away from the scene after causing a traffic accident, his motor vehicle driving license shall be revoked by the traffic administrative department of the public security organ, and he may not re-apply for a motor vehicle driving license during his lifetime.

 

Article 102 A professional transportation entity which is mainly or wholly liable for 2 or more particularly heavy traffic accidents within 6 months shall be ordered by the traffic administrative department of the public security organ to eliminate the hidden trouble of safety. A motor vehicle for which the hidden trouble of safety is not eliminated is prohibited to run on road.

 

Article 103 Where the administrative department of the State for motor vehicle products fails to carry out strict examination according to the national technical standards for safety of motor vehicles before permitting an unqualified type of motor vehicles to be put into production, the liable person in charge and other directly liable persons shall be imposed upon the administrative sanction of degradation or removal from post.

Where a motor vehicle production enterprise is permitted by the administrative department of the State for motor vehicle products to produce a certain type of motor vehicles, but does not implement the national technical standards for safety of motor vehicles or does not strictly conduct quality inspection over the finished motor vehicle products, thus causing the motor vehicles to be unqualified in quality when leaving the factory for sale, the quality and technical supervision department shall impose penalties in accordance with the relevant provisions of the "Product Quality Law of the People's Republic of China".

Where any entity discretionally produces or sells a type of motor vehicles which are not permitted by the administrative department of the State for motor vehicle products to be produced, the finished motor vehicle products it has illegally produced or sold and the components shall be confiscated, and it may be imposed upon a fine of not less than 3 times but not more than 5 times the value of the illegal products; its business license, if any, shall be revoked by the administrative department for industry and commerce, or it shall be sealed up if having no business license.

Whoever produces or sells assembled motor vehicles or discretionally refit motor vehicles shall be penalized in accordance with Paragraph 3 of the present Article.

Whoever has any of the illegal acts as described in Paragraphs 2, 3 and 4 of the present Article, and produces or sells motor vehicles unqualified for the national technical standards for safety of motor vehicles shall, if a crime is constituted, be subject to criminal liabilities in accordance with the law.

 

Article 104 Whoever discretionally digs a road, occupies a road to carry out construction or engages in other activities affecting the road traffic safety without approval shall be ordered by the road administrative department to cease the illegal act, and to restore the road to its original condition, and may be imposed upon a fine in accordance with the law; if it causes any loss to the passing pedestrians, vehicles or other properties, it shall bear the indemnity liability in accordance with the law.

Whoever commits an act in the preceding paragraph, thus affecting the road traffic safety, he may be ordered by the traffic administrative department of the public security organ to cease the illegal acts, and promptly restore the traffic.

 

Article 105 If construction is carried out on or any damage occurs to a road, and no warning mark is timely set up, no prevention measure is taken, or the traffic signal lamps, traffic signs or traffic line markings which ought to be set up are not set up, or the traffic signal lamps, traffic signs or traffic line markings which ought to be timely changed are not timely changed, thus causing losses to the passing pedestrians, vehicles or other properties, the entity responsible for the relevant duties shall bear the indemnity liability in accordance with the law.

 

Article 106 Where the trees or other plants growing along both sides of the road or along the median strip, or the installed advertisement boards or pipelines, etc. shelter the road lamps, traffic signal lamps or traffic signs, thus impeding the safe apparent distance, the traffic administrative department of the public security organ shall order the violator to eliminate the impediment; if the violator refuses to do so, he shall be imposed upon a fine of not less than 200 Yuan but not more than 2000 Yuan, and be compelled to eliminate the impediment, with the necessary expenses to be borne by himself.

 

Article 107 When imposing a warning or a fine of not more than 200 Yuan upon a road traffic law violator, the traffic policeman may make a decision on administrative penalty on the spot, and issue a written decision on the administrative penalty.

A written decision on the administrative penalty shall state the fact on the party's violation of law, the basis of the administrative penalty, the contents of the penalty, the time, place and the name of the penalizing organ, which shall be signed or affixed with a seal by the law enforcement officials.

 

Article 108 A party concerned shall, within 15 days as of receiving the written decision on the administrative penalty of the fine, pay the fine at a designated bank.

If a pedestrian, a passenger or a non-motor vehicle driver has no objection against the fine imposed upon him, the amount of the fine may be collected on the spot.

Whoever imposing a fine shall issue a receipt of fine under uniform production and distribution of the financial department of the province, autonomous region, and municipality directly under the Central Government; if no receipt of fine under uniform production and distribution of the financial department is issued, the party concerned shall have the right to refuse to pay the fine.

 

Article 109 Where a party does not implement a decision on administrative penalty within the time limit, the administrative organ making the said decision may take the following measures:

(1) If he does not pay the mature fine, he shall be imposed upon an additional interest of 3% per day;

(2) Applying the people's court for mandatory enforcement.

 

Article 110 Where a traffic policeman performing duties considers that a road traffic law violator ought to be imposed upon a penalty of temporary seizure or revocation of his motor vehicle driving license, he may detain the motor vehicle driving license first, and transfer the case within 24 hours to the traffic administrative department of the public security organ for handling.

The road traffic law violator shall, within 15 days, go to the traffic administrative department of the public security organ to accept the penalty. If he does not accept the penalty within the time limit without any justifiable reason, his motor vehicle driving license shall be revoked.

Where the traffic administrative department of the public security organ seizes temporarily or revokes a motor vehicle driving license, it shall issue a written decision on the administrative penalty.

 

Article 111 The administrative penalty of detention due to violation of the present Law shall be determined by the county or city public security bureau, branch of the public security bureau or the public security organ at an equivalent county level.

 

Article 112 The traffic administrative department of the public security organ shall, when detaining a motor vehicle or a non-motor vehicle, issue a documentation on the spot, and inform the party concerned to go to the traffic administrative department of the public security organ within the prescribed time limit to accept the penalty.

The traffic administrative department of the public security organ shall keep the detained vehicle appropriately, instead of using it.

If the party concerned does not come to accept the penalty within the time limit, and still does not come after it has been announced for 3 months, the traffic administrative department of the public security organ may dispose of the detained vehicle in accordance with the law.

 

Article 113 The time limit for temporary seizure of a motor vehicle driving license shall be calculated as of the day when the decision on the penalty becomes effective; if the motor vehicle driving license is detained before the penalty decision takes effect, one day detention shall be taken as one day temporary seizure.

The time limit for reapplying for a motor vehicle driving license after the original driving license is revoked shall comply with the provisions on the administration of motor vehicle driving licenses.

 

Article 114 The traffic administrative department of the public security organ may, on the basis of the traffic technical monitoring records, lawfully penalize the motor vehicle owners or managers who violate the law. If the driver can be determined, the penalties may be imposed in accordance with the present Law.

 

Article 115 A traffic policeman who has any of the following acts shall be imposed upon the administrative sanctions in accordance with the law:

(1) Distributing motor vehicle registration certificates, plates, driving permits or conformity inspection marks to the motor vehicles which do not meet statutory conditions;

(2) Approving the motor vehicles which do not meet statutory conditions to be installed with or to use the alarms, identification lamps, painted mark or patterns of police cars, fire engines, ambulances or engineering emergency vehicles;

(3) Distributing motor vehicle driving licenses to persons who do not meet the conditions for driving permission, have not been examined or are examined to be unqualified;

(4) Not implementing the system of separating the decision on the fine from the confiscation of the fine or not complying with the provisions to totally turn in the lawfully charged expenses, confiscated fines or confiscated illegal proceeds to the State treasury;

(5) Establishing or participating in the establishment of driving schools or driving training classes, motor vehicle repairing plants or pay parking lots or other business activities;

(6) Accepting properties from others or seeking other benefits by taking advantage of his post;

(7) Illegally detaining a vehicle, motor vehicle driving permit, driving license or vehicle plate;

(8) Using lawfully detained vehicles;

(9) Not issuing a fine receipt or not truthfully filling the fine amount when collecting a fine on the spot;

(10) Practicing frauds for personal gains, and handling a traffic accident unjustly;

(11) Intentionally making things difficult, and delaying to issue a motor vehicle certificate;

(12) Using an alarm or identification lamp when not performing any urgent task;

(13) Violating the provisions to hold up and inspect a normally running vehicle;

(14) Holding up and hitchhiking a motor vehicle when not performing an urgent official duty;

(15) Not performing statutory duties.

Where the traffic administrative department of the public security organ has any of the acts enumerated in the preceding paragraph, the directly responsible person in charge and other directly liable persons shall be imposed upon corresponding administrative sanctions.

 

Article 116 Where a traffic policeman is imposed upon an administrative sanction in accordance with Article 115 of the present Law, he may be ceased from performing his duties before the decision on the administrative sanction is made; and may, when necessary, be confined.

Where a traffic policeman is imposed upon an administrative sanction of degradation or discharge from post in accordance with Article 115 of the present Law, he may be dismissed.

Where a traffic policeman is expelled or dismissed, his police rank shall be cancelled. The police rank of any traffic policeman who is imposed upon an administrative sanction below removal from post shall be degraded.

 

Article 117 Where a traffic policeman makes use of his powers to illegally occupy public properties, extort or accept bribes, or abuses his powers, neglects his duties, and if a crime is constituted, he shall be subject to criminal liabilities in accordance with the law.

 

Article 118 Where the traffic administrative department of the public security organ or any of its traffic policemen has any of the acts listed in Article 115 of the present Law, thus causing losses to a party concerned, it/he shall bear the liability for indemnity in accordance with the law.

Chapter VIII Supplementary Provisions

 

Article 119 The meanings of the following terms used in the present Law are:

(1) A "road" means a highway, an urban road or an area which, although within the of scope of management by an entity, allows public motor vehicles to pass, including the places used for passage of the general public such as the squares and public parking lots, etc.

(2) A "vehicle" means a motor vehicle or a non-motor vehicle.

(3) A "motor vehicle" means a wheeled vehicle which is driven or drawn by power device, running on road for people to ride or take, or for carrying articles, or for carrying out special engineering operations.

(4) A "non-motor vehicle" means a means of transportation which is driven by manpower or domestic animal power to run on road, or a motor wheel chair vehicle of a disabled person, an electric bicycle or any other means of transportation which is driven by power device but the designed maximum speed per hour, with the empty vehicle's quality and the external size conforming to the relevant national standards.

(5) A "traffic accident" means an incident in which a vehicle causes, when running on road, personal injury or death or properties losses due to an error or unexpected incident.

 

Article 120 The responsibility to inspect the enlisted motor vehicle certificates and motor vehicles, and to assess the enlisted motor vehicle drivers of the Chinese People's Liberation Army and the Chinese People's Armed Police Force, shall remain respectively with the relevant departments of the Chinese People's Liberation Army and the Chinese People's Armed Police Force.

 

Article 121 With respect to the tractors running on road, the agricultural (agricultural machinery) administrative department shall exercise the administrative powers of the traffic administrative department of the public security organ as prescribed in Articles 8, 9, 13, 19 and 23 of the present Law.

The agricultural (agricultural machinery) administrative department shall, when exercising powers in accordance with the preceding paragraph, abide by the relevant provisions of the present Law, and accept the supervision of the traffic administrative department of the public security organ; whoever violates the provisions shall be subject to legal liabilities in accordance with the relevant provisions of the present Law.

The motor vehicle certificates issued by the agricultural (agricultural machinery) administrative department before the present Law entered into force shall continue to be valid after the present Law enters into force.

 

Article 122 The State practices uniform administration to the road traffic safety of the overseas motor vehicles entering the territory of China.

 

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 the actual situations of their respective own regions, prescribe the specific rates within the range of fine as prescribed in the present Law.

 

Article 124 The present Law shall come into force on May 1, 2004.