People's Republic Of China On Road Traffic Safety Law

Original Language Title: 中华人民共和国道路交通安全法

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People's Republic of China President to 81st, the Standing Committee of the national people's Congress to amend of People's Republic of China on road traffic safety law of the decision by the People's Republic of China of deputies of the 31st meeting of the Standing Committee, adopted on December 29, 2007, promulgated and take effect on May 1, 2008. People's Republic of China President Hu Jintao December 29, 2007 the Standing Committee on the revision of the People's Republic of China on road traffic safety Act decision (December 29, 2007 Deputies adopted by the 31st session of the Standing Committee) deputies of the 31st meeting of the Standing Committee decided to People's Republic of China on road traffic safety Act, the following amendments: 76th is revised as follows: "
Motor vehicle traffic accident resulting in personal injury, property damage, by insurance companies within the scope of compulsory third party liability insurance for motor vehicles liability compensation; insufficient part liable in accordance with the following provisions: "(a) between motor vehicle traffic accidents, liability borne by the party at fault; both sides are at fault, fault in accordance with their respective share of the responsibility.
"(Ii) between the motor and non-motor vehicle driver, pedestrian accidents, non-motor vehicle driver or a pedestrian not at fault, the motor vehicle shall be liable for; there is evidence that non-motor vehicle driver, pedestrian was at fault, according to the degree of fault due to reduce motor vehicle liability; motor vehicle shall not at fault, and bear the liability of not more than 10%. "Traffic accident loss was a non-motor vehicle driver, pedestrian intentional collisions caused by motor vehicles, the motor vehicle shall not bear the liability.
"This decision shall take effect on May 1, 2008.

People's Republic of China Law on road traffic safety in accordance with this decision be revised and republished.  People's Republic of China Law on road traffic safety (October 28, 2003 of Deputies adopted at the fifth meeting of the Standing Committee on December 29, 2007th the 31st meeting of the Standing Committee of the national people's Congress to amend People's Republic of China decision to amend the law on road traffic safety) contents chapter I General provisions section I of chapter II vehicles and drivers of motor vehicles, non-motor vehicle section II of chapter III of the motor vehicle driver road conditions the fourth chapter Road passage provides first section General provides second section motor vehicle passage provides third section non-motor vehicle passage provides fourth section pedestrian and ride people passage provides fifth section highway of special provides fifth chapter traffic accident processing sixth chapter law enforcement supervision seventh chapter legal responsibility eighth chapter schedule first chapter General first article to maintenance road traffic order, prevention and reduced traffic accident, protection personal security, protection citizens, and corporate and other organization of property security and the other collection
    Equity, improve efficiency, and this law is enacted.
    Article People's Republic of China territory of the driver of the vehicle, pedestrians, motorists, and units and individuals related to the road transport activities, should be in accordance with this law.
    Third road traffic safety shall follow the principles of management, convenient to the masses, orderly, safe and smooth road traffic.
    Article at all levels shall ensure road traffic safety management changes in the economic construction and social development.
    Local people's Governments at or above the county level should meet the needs of road traffic, according to the road traffic safety law, regulations and related policies, development of road traffic safety management planning and implementation. Fifth Public Security Department under the State Council is responsible for the national road traffic safety management.
    Local people's Governments at or above the county level public security organs traffic management is responsible for road traffic safety management work within their respective administrative areas.
    People's Governments at or above the county level, the building management sector in accordance with their respective responsibilities, responsible for the road traffic.
    Sixth people's Governments at various levels should always be carried out road safety education, improve citizens ' awareness of road safety.
    Public security organs traffic management and traffic police on duty, should strengthen the propaganda of traffic safety laws and regulations, and exemplary compliance with the road traffic safety laws and regulations.
    State organs, armed forces, enterprises, institutions, public organizations and other organizations should be road safety education for personnel of this unit.
    The administrative departments of education, school road safety education should be incorporated into the legal system education contents.
    Press, publishing, radio, television, and other relevant entities, there are obligations for road traffic safety education.
Seventh for road traffic safety management, scientific research should be intensified, and promotion, use of advanced management methods, techniques and equipment. Section I of chapter II vehicles and drivers to motor vehicles, non-motor vehicle eighth State to introduce a registration system for motor vehicles. Motor vehicles registered by the public security organs traffic management departments, before they can run on road.
    Unregistered motor vehicles that require a temporary on-road, shall obtain temporary access license plates.
    Nineth article application motor vehicle registration, should submitted following proved, and voucher: (a) motor vehicle all of identity proved; (ii) motor vehicle origin proved; (three) motor vehicle whole car factory qualified proved or imports motor vehicle imports voucher; (four) vehicles acquisition tax of-paid proved or duty-free voucher; (five) legal, and administrative regulations provides should in motor vehicle registration Shi submitted of other proved, and voucher.
    Police traffic Administration Department shall accept the application within five working days from the date of vehicle registration review completed work to comply with the conditions prescribed in the preceding paragraph shall be issuing vehicle registration certificates, number plates and vehicle license; does not meet the conditions prescribed in the preceding paragraph, shall give reasons for their registration to the applicant.
    Public security organs other than the traffic Administrative Department of any units or individuals shall be issued motor vehicle license plates or to require other motor vehicle number plate, unless otherwise provided for in this law.
    Vehicle registration certificate, plate, driving license model produced by the public security department under the State Council. Tenth grant registration of a motor vehicle shall meet the technical standards for national security. When applying for vehicle registration shall be subject to the motor vehicle safety inspection.
    However, motor vehicles by the State Department based on the national standard of security production of motor vehicles, the model of the new car factory-tested to meet national safety standards, obtained certificate, exemption from safety and technical inspection.
    11th driving motor vehicles on roads should be flying the vehicles ' license plates, place the conformity inspection mark or insurance sign and onboard motor vehicle driving license.
    Motor vehicle plate shall be hung according to regulations and maintain a clear, complete, and shall not deliberate occlusion and defaced.
    No unit or individual shall confiscate or detain a motor vehicle plate.
    12th under any of the following circumstances, should go through the appropriate registration: (a) the transfer of ownership of motor vehicles, (ii) vehicle registration change, (iii) motor vehicles used as collateral, and (iv) the scrapping of motor vehicles. 13th for on-road motor vehicle after registration shall, in accordance with provisions of laws and administrative regulations, based on the loading of vehicles, passenger numbers, useful life in different situations, regular safety inspection. To provide motor vehicle driving license and compulsory third party liability insurance of motor vehicles, motor vehicle safety inspection authorities shall test, no unit may attach other conditions.
    To meet the national standards of security, the public security organs traffic management Department shall issue the inspection certificate. Socialization of imposed on motor vehicle safety inspection.
    Specific measures shall be formulated by the State Council.
    Motor vehicle safety inspection where socialized, no entity may demand any motor vehicle to a designated place for inspection.
    The public security organs traffic management departments, motor vehicle safety inspection body shall not require the vehicle to the designated place for repair and maintenance.
    Motor vehicle safety inspection agencies charge a fee for inspection of motor vehicles shall strictly enforce the charges approved by the Department in charge of price under the State Council.
    14th the State applies a system of compulsory motor vehicle scrap, according to the motor vehicle safety technical conditions and for different purposes, different scrap standards.
    Should be scrapped vehicle must promptly cancel its registration. Reach scrapped the standard motor vehicle not on roads.
    Scrap the large passenger, trucks and other commercial vehicles should be in disintegration of the traffic management Department under the supervision of public security organs. 15th police cars, fire engines, ambulances and engineering emergency vehicles shall be in accordance with the provisions of spray pattern, installation of alarm and signal lights.
    Other motor vehicles shall not be sprayed, installation, use of such vehicles or similar signs, sirens or signal lights.
    Police cars, fire engines, ambulances and engineering emergency vehicles shall be strictly in accordance with the provisions of the purpose and conditions of use.
    Special vehicles for Highway supervision and inspection, and shall, in accordance with the provisions of the highway code, setting unified signs and warning lights.
    16th article any units or personal shall not has following behavior: (a) assembled motor vehicle or unauthorized change motor vehicle has registration of structure, and structure or features; (ii) change motor vehicle model, and engine,, and frame, or vehicles recognition code; (three) forged, and variable made or using forged, and variable made of motor vehicle registration certificate, and plate, and driving card, and test qualified logo, and insurance logo; (four) using other motor vehicle of registration certificate, and plate, and driving card, and test qualified logo, and insurance logo. 17th State applies a system of compulsory third party liability insurance for motor vehicles, the establishment of social assistance fund for road traffic accidents.
    Specific measures shall be formulated by the State Council. Article 18th non-motor vehicle registration according to law, after they have been registered with the public security organs traffic management authorities, before they can run on road.

    The kinds of non-motor vehicles should be registered according to law, the people's Governments of provinces, autonomous regions and municipalities directly under the provisions according to the situation on the ground.
    Non-motor dimensions, quality, brakes, Bell and reflectors at night, should be consistent with non-motor vehicle safety standards.
    Section II 19th motor vehicle driver driving a motor vehicle, shall obtain a driver's license.
    Apply for a driver's license, shall comply with the provisions of the public security department under the State Council's driving license conditions after passing the examination, by the public security organs traffic management Department motor vehicle driver's license of the appropriate class.
    Person holding a foreign motor vehicle driver's license, in compliance with the provisions of the public security department driving permit conditions, qualified by the public security organs traffic management departments, can be sent to China's motor vehicle driving license.
    Drivers should be set out in accordance with the license type driving; while driving a motor vehicle shall carry a motor vehicle driver's license.
    Public security organs other than the traffic Administrative Department of any unit or individual shall confiscate or detain a motor vehicle driving license.
    20th motor vehicle driving training social, by the Department of transport entitled management of driving training schools or driving training classes, specialized tractors driving training schools or driving training classes by the agriculture (agricultural machinery) for sector qualification management.
    Driving training schools or driving training course should be strictly in accordance with relevant regulations of the State, to road traffic safety laws and regulations, the student driving skills training to ensure the quality of training.
    Any State organs as well as driving training and examination departments may not organize or participate in holding driving training schools or driving training classes.
    Before the 21st driver driving on-road motor vehicle, motor vehicle safety technical performance should be carefully checked and not driving safety facilities or parts do not meet technical standards unsafe vehicle.
    22nd motor vehicle driver shall comply with the road traffic safety law, provisions of the regulations, in accordance with safe driving practices, and civilized driving.
    Drinking and a variety of State-controlled psychotropic drugs or narcotics, or suffer from the disease interfere with safe driving motor vehicles, or excessive fatigue driving safety, shall drive a motor vehicle.
    No one may force, instigate or condone driving in violation of traffic safety laws, regulations and safe driving of motor vehicles requires driving a motor vehicle.
    23rd public security organs traffic management departments in accordance with the provisions of laws and administrative regulations, imposed on motor vehicle driver's license testing on a regular basis. 24th public security organs traffic management departments of motor vehicles driving in violation of traffic safety laws and regulations, in addition to receiving administrative punishments and cumulative scoring system.
    Public security organs traffic management on the cumulative score achieved the required score of motor vehicle drivers, detained for motor vehicle driver's license, to road traffic safety laws and regulations of education, re-exams; the examination, return of his driver's license. To comply with the road traffic safety laws and regulations, no motor vehicle drivers accumulate points within a year, you can extend the testing of motor vehicle driver's license.
Specific measures by the public security department under the State Council.
    Road condition 25th chapter establishing uniform national road traffic signal.
    Traffic signals include traffic signal lamps, traffic signs, traffic line markings and traffic police command.
    Traffic lights, traffic signs, traffic line markings set shall comply with the road traffic safety, clear requirements and national standards, and maintain clear, smart, accurate and in good condition. According to the traffic needs, should add to, change, update traffic signals in a timely manner.
    Add to, change, update the regulatory road traffic signals shall be announced to the public in advance, extensive publicity. Article 26th traffic lights made up of red light, green light, yellow light.
    Red light indicates closed to traffic, a green light means allowing passage, a yellow light means warning. 27th cross the rail road flat crossing, you should set up warning lights and warning signs or safety facilities.
    Unguarded railway crossings, should be set at some distance from the crossing warning signs.
    28th no unit or individual may unlawfully set, move, take, damaged traffic signals, traffic signs, traffic line markings.
    Roads and trees or other plants growing on the buffer zone, set up billboards, pipelines, should keep the necessary distance and transportation facilities shall keep out street lights, traffic signals, traffic signs, shall not impede the Safe Horizon shall not affect access.
    29th road, parking lot and road planning, design and construction of supporting facilities shall comply with the requirements of road traffic safety and the smooth flow and adjusted according to traffic demand.
    Public security organs traffic management Department finds that has been put into use sections of road traffic accidents, traffic or parking lots, roads, facilities exist serious safety risks, shall promptly report to the local people's Government, and put forward recommendations to prevent traffic accidents and eliminate hidden dangers, local people's Governments should make a decision in a timely manner.
    30th road collapses, hang Cao, water damage, uplift, such as damaged or traffic lights, traffic signs, traffic line markings and other transportation facilities damaged, destroyed or lost, roads, transportation facilities maintenance departments or management should set up warning signs and repaired in a timely manner.
    Public security organs traffic management Department paragraph prior to the discovery, endangering traffic safety, warning signs have been set, it shall take prompt security measures, traffic, and notifies the maintenance departments of roads, transportation facilities or management.
    31st without permission, no unit or individual is allowed to occupy the road in non-transport activities.
    32nd due to construction needs to occupy or dig the roads or crossing, cross the road set up, additional pipeline facilities, shall first seek consent of the road authority agreed to affect traffic safety, should ask the Department of the public security organs traffic management.
    Construction job units should in by approved of sections and time within construction job, and in distance construction job locations to car direction security distance at set obviously of security warning logo, take protection measures; construction job finished, should quickly clear road Shang of obstacles, elimination security hidden, by road competent sector and police organ traffic management sector acceptance qualified, meet passage requirements Hou, party can recovery passage.
    Construction jobs without interrupting the traffic road, the public security organs traffic management departments should strengthen safety supervision and inspection, and maintenance of traffic order.
    33rd new construction, renovation or expansion of public buildings, commercial streets, residential areas, (middle), building, construction, building more car parks; parking shortage should be rebuilt or extended in a timely manner; use parking lots are not allowed to stop using or converted to other uses.
    In the context of urban roads, not under the influence of pedestrian and vehicular traffic, the relevant Government Department may delimit parking area.
    Article 34th schools, kindergartens, hospitals, road no pedestrians crossing the street in front of the nursing home facilities, should delimit the zebra-crossing, set the prompt symbol. The pavement of the main road of the city shall be in accordance with the plan set the blind.
Blind settings should be consistent with national standards.
    Fourth chapter road section I General provisions article 35th motor vehicles, non-motor vehicle to implement the right. 36th according to road conditions and traffic needs, non-motorway roads classified as motorway, and sidewalks, imposed motor vehicle, bicycle and pedestrian traffic to pass.
    Not classified road, bicycle lanes and sidewalks, in the middle of the road traffic of motor vehicles, non-movement of vehicles and pedestrians on the sides of roads.
    37th road designated lanes, lanes, only provided for vehicle traffic, driving other vehicles are not allowed in the lanes.
    Article 38th movement of vehicles, pedestrians shall follow the traffic signals in case of traffic police command at the scene, shall, in accordance with the direction of traffic police; in the absence of traffic signals on the road, should be under the principle in ensuring the safe and smooth flow of traffic. 39th public security organs traffic management Department under the road and traffic situation, you can take on the motor vehicle, bicycle, pedestrian guidance, restrictions on movement, such as banning measures.
    In case of large-scale mass activities, the construction of large, need to take measures to limit traffic, or to make public road traffic activities directly related to the decision shall be announced to the public in advance.
    40th event of natural disaster, bad weather conditions or major traffic accidents and serious impact on traffic safety conditions and take other measures to ensure the safety of traffic, public security organs traffic management departments can implement traffic control.
    41st other specific provisions relating to road traffic, shall be prescribed by the State Council. Section II of 42nd motor vehicles on-road vehicle access provisions, shall not exceed the speed limit sign indicating the maximum speed.
    Where there is no speed limit sign section should maintain a safe speed.
    Night driving or on roads prone to danger, as well as in case of dust storms, hail, rain, snow, fog, ice and weather conditions, should reduce the speed. Article 43rd lane motor vehicle, car should be the vehicle to keep safety distance enough to take emergency measures.
    Has following case one of of, shall not overtaking: (a) front is left turn, and turned, and overtaking of; (ii) and opposite to car has passing may of; (three) front for implementation emergency task of police, and fire engine, and ambulance, and engineering recovery car of; (four) via railway crossing, and cross junction, and narrow bridge, and corners, and steep, and tunnel, and crosswalk, and urban traffic flow big of sections, no overtaking conditions of.
    44th motor vehicles through the intersection, shall follow the traffic signals, traffic signs, traffic line markings or traffic police by; with no traffic lights, traffic signs, traffic line markings or traffic police command at the intersection should be slow, and the right of way to traffic and pedestrians. Article 45th case of vehicles parking in front wait or slow-moving, not through or occupied the opposite lane to overtake may not be interspersed with stationary vehicles.

    Lane reduces road sections, junctions, or in the absence of traffic lights, traffic signs, traffic line markings have parking or traffic police command the intersection while waiting in line or slow-motion, motor vehicles shall be followed by alternating traffic.
    When passing a railway crossing 46th motor vehicles shall be in accordance with the direction of traffic signals or managers; no traffic signal or a Manager, you should slow down or stop, after the confirmation of the security pass.
    47th motor vehicles at the crosswalk, should slow down in case of pedestrians by crosswalks, parking row.
    Motor vehicles passing through road without traffic signals, pedestrian crossing the road, it shall give way.
    48th motor vehicles carrying should be consistent with the approved quality, never overload; object of length, width and height must not violate the filling requirements shall not carry impurity, and graduating. Motor vehicle carries the overrun is the disintegration of items, affecting the safety of traffic shall be as designated by the public security organs traffic management, course, speed, flying clearly marked.
    On the highway carries the overrun is the disintegration of items and shall be executed in accordance with the provisions of the highway code.
    Motor vehicles transporting explosives, inflammable and explosive chemicals as well as highly toxic, radioactive and other dangerous goods shall be subject to approval of the public security organs, at the specified time, route, speed, flying warning signs and take the necessary security measures.
    49th vehicle crew shall not exceed the authorized number of passenger motor vehicle must not violate the provisions of goods.
    50th prohibited cargo vehicle passenger.
    Freight motor vehicles attached to the need of workers, you should set up security measures to protect workers.
    51st when driving motor vehicles, drivers, taking personnel should be required to use seat belts, motorcycle driving and riding officers should be required to wear safety helmets.
    52nd failure occurs in a vehicle on the road, having to stop when troubleshooting, driver shall immediately turn on hazard warning lamps, Park your vehicle moves to a place without prejudice to traffic; it is difficult to move, should turn on hazard warning lamps, and warning labels in cars and other measures to expand the warning distance alarm quickly when needed.
    53rd police cars, fire engines, ambulances and engineering emergency vehicles when performing urgent tasks, you can use the alarm and signal lights; on the premise of ensuring security, without driving routes, driving directions, travel speed and signal limitations, other vehicles and pedestrians should give way.
    Police cars, fire engines, ambulances and engineering emergency vehicles non-emergency tasks, alarm and signal lights shall be used, does not enjoy road priority provided for in the preceding paragraph.
    54th road maintenance vehicles, engineering vehicles during operations, without prejudice to the premise of vehicles in the past, its routes and direction from traffic signs, marking the limit, in the past, vehicles and individuals should be taken to avoid.
    Sprinklers, sweepers and other motor vehicles shall be in accordance with safety standards work; without affecting other traffic cases, limits could be vehicles not covered by the reservation, but not driving. 55th highways, cities in the central urban area of roads, banned tractors.
    Other prohibited road tractors, the people's Governments of provinces, autonomous regions and municipalities directly under the provisions according to the situation on the ground.
    Tractors are allowed on the road, tractor can be engaged in freight transport, but may not be used for astronauts. 56th motor vehicles should be parked in place.
    Ban on motor vehicles parked on the sidewalk; however, in accordance with article 33rd delimit except for the parking.
    Temporary parking in the streets, without prejudice to other vehicles and pedestrians. Section III non-motor traffic article 57th drive non-motor vehicles on roads should comply with the relevant safety regulations.
    Non-motor vehicles shall drive in a bicycle lane; in the absence of non-motorway roads, driving on the right side of the roadway.
    Article 58th motorized wheelchairs, electric bicycles in the bicycle lane running time, maximum speed of not more than 15 km. Article 59th motor vehicles shall be parked in place.
    There is no location, non-motor vehicle parked does not impede the movement of other vehicles and pedestrians.
    60th drive animal-drawn vehicles, you should use the tame animals; when driving animal-drawn vehicle crossing a road, the driver should get off traction animals; when the driver left the vehicle, should be tethered livestock.
    Fourth section of pedestrian and vehicle traffic article 61st pedestrians should walk on the sidewalks, no walk on the side of the pavement.
    62nd foot through the intersection or crossing a road, crosswalk or crossing through traffic lights and crosswalks, shall follow the traffic signal light is passing through the junction without traffic signals, crosswalks, or cross the road without crossing roads, should be adopted after the confirmation of the security.
    63rd pedestrians must not cross, sit road isolation facilities, not Bache, forced to stop cars or other acts of the prejudice to road traffic safety.
    64th preschool children as well as unable to recognize or cannot control the behavior of their own mental illness, intellectual disability on the road traffic, shall be commissioned by the guardian, guardian of the person or people with management, protection responsibilities leads.
    Blind pass on the road, you should use a cane or other means to guide the blind, vehicles should give way blind people.
    When passing a railway crossing in 65th foot should be in accordance with the direction of traffic signals or managers; no traffic signals and managers shall, after making sure that no train, quickly passed.
    66th passengers may not carry inflammable and explosive dangerous goods shall not be spilled out of his car, must not have the effect of driving safe driving behavior. Fifth special provisions section Highway 67th foot, non-motor vehicles, tractors, wheeled machinery, articulated bus, full trailer trailer cars and other motor vehicle design less than 70 km per hour, shall not enter the highway.
    Highway speed limit signs indicate a maximum speed of no more than 120 km.
    68th motor vehicles on the highway when a fault occurs, 52nd of this law shall, in accordance with the relevant provisions of article; however, warning signs should be set at fault car to drive the direction of 150 metres, team should quickly shift to the right on the car onto the shoulder or emergency Lane, and early warning.
    Motor vehicle crashes or traffic accidents on the highway, not working properly, should consist of rescue vehicles, wrecker towing and hauling.
Article 69th no unit or individual shall not block checking vehicles travelling on the highway, except the people's police law enforcement of public security organs emergency official. The fifth chapter on 70th road traffic accidents traffic accidents, the driver of a vehicle shall immediately stop, protect the scene causing bodily injuries, the driver of a vehicle shall immediately rescue the injured, and promptly report the traffic police on duty or public security organs traffic management departments. Due to change in rescuing the injured, shall be indicated.
    The passengers, the driver of the vehicle, passing pedestrians shall assist in the past.
    Traffic accidents on the road, causing no injuries, no dispute on the facts and causes of the parties, can be evacuated, traffic to themselves, dealing with compensation matters; does not withdraw from the scene, traffic police on duty or a public security organ shall promptly report the traffic Administrative Department.
    Traffic accidents on the road, only caused minor property damage, and basic facts are clear, the parties concerned shall consult first evacuated and then processed. 71st escape after a road traffic accident, accident scene and other personnel should report to the public security organs traffic management and traffic police.
    Reports are true, the public security organs traffic management departments shall be rewarded.
    72nd public security organs traffic management after receiving the accident alarms, traffic police were immediately sent to the scene, to organize the rescue of the wounded, and to take measures to restore transportation as soon as possible.
    Traffic police should be on the traffic accident scene investigation, inspection, and collect evidence for collection of evidence needed to detain vehicles involved, but it should keep for verification. Physiological and mental state of the party and other highly specialized inspection, public security organs traffic management departments shall entrust a specialized agency for identification.
    Conclusions should be signed by the expert witness. 73rd traffic management departments of public security organs shall, in accordance with the traffic accident scene investigation, inspection, investigation and testing, related to the identification, certificate of production accidents in a timely manner, as evidence of a traffic accident.
    Traffic accident report shall set forth the basic of traffic accidents, the causes and the responsibilities of the parties, and served on the party.
    74th for damage compensation of traffic accident disputes, the parties may request the public security organs traffic management departments to resolve, or directly to a people's court civil action.
    Mediation by the public security organs traffic management departments, parties fail to reach agreement or mediation agreement after its entry into force does not comply, the parties may bring a civil action. 75th medical institutions for personnel should be timely rescue of injured in traffic accident shall not delay treatment due to rescue fee is not paid in a timely manner.
    Vehicles participating in the compulsory third party liability insurance for motor vehicles, in the context of limitation of liability by insurance companies paid rescue expenses; the rescue cost exceeds the limit of liability, did not attend the compulsory third party liability insurance for motor vehicles or escaped after the accident, by the social assistance funds for road traffic accidents to advance rescue expenses partly or totally, social aid Fund for road traffic accident management shall be entitled to recourse against the responsible for the traffic accident. 76th motor vehicle traffic accident resulting in personal injury, property damage, by insurance companies within the scope of compulsory third party liability insurance for motor vehicles liability compensation; insufficient part liable in accordance with the following provisions: (a) between motor vehicle traffic accidents, liability borne by the party at fault; both sides are at fault, fault in accordance with their respective share of the responsibility.

    (B) between the motor and non-motor vehicle driver, pedestrian accidents, non-motor vehicle driver or a pedestrian not at fault, the motor vehicle shall be liable for; there is evidence that non-motor vehicle driver, pedestrian was at fault, according to the degree of fault due to reduce motor vehicle liability; motor vehicle shall not at fault, and bear the liability of not more than 10%.
    Traffic accident loss was a non-motor vehicle driver, pedestrian intentional collisions caused by motor vehicles, the motor vehicle shall not bear the liability.
77th off-road vehicle traffic accidents that occurred, the public security organs traffic management Department received a report, reference to the relevant provisions of this law.
    Sixth chapter law enforcement supervision and 78th public security organs traffic management departments should strengthen the management of traffic police, improve the level of the quality of traffic police and road and traffic management. Public security organs traffic management Department of traffic police should be legal and safety management training and assessment.
    Transport police failed to pass the examination shall not post to perform his duties.
    79th public security traffic Administrative Department of traffic police and road traffic safety management, should be in accordance with the statutory powers and procedures, simplify administrative procedures, be fair, strict, civilized and efficient.
    80th traffic police on duty, shall, in accordance with the provisions, wearing police flags, held police documents, keeping Police appearance neat, graceful, command specification.
    81st, license issued according to this law, charge a nominal fee, should strictly enforce the charges approved by the Department in charge of price under the State Council, and all turned over to the State Treasury.
    82nd public security organs traffic management departments shall impose a fine of administrative penalty shall be in accordance with the provisions of relevant laws and administrative regulations, the implementation of separation of penalty decisions from collection of penalty; the fines collected and illegal gains confiscated according to law, should all be turned over to the State Treasury.
    83rd transportation police investigation and handling of road traffic safety violations and accidents, any of the following circumstances shall withdraw from that: (I) is a near relative of a party or in this case, (ii) or any of his close relatives and have a stake in this case and (iii) other relationships with the parties to the case, could affect the case impartially.
    84th police traffic management and traffic police administrative enforcement activities shall be subject to the supervision of the implementation of administrative supervisory organs.
    Police Inspector Department public security organs traffic management and traffic police in the implementation of laws, regulations and discipline and supervision according to law.
    Superior public security organs traffic management departments will be expected to subordinate public security organs traffic management Department to supervise the law enforcement activities.
    85th police traffic management and traffic police from performing their duties, should consciously accept the supervision of society and citizens. All units and individuals have the right to public security organs traffic management and traffic police are not strict enforcement and impeach or accuse any violations.
    Authorities report, the complaints received, should be based on the duty to investigate in a timely manner.
    86th no unit shall be permitted to the public security organs traffic management departments issued penalty index or disguised; public security organs traffic management departments shall not traffic police fines as assessment criteria.
Public security organs traffic management and traffic police above the law, regulations, instructions, and the right to refuse, and report to the higher authorities.
    Seventh chapter legal liability article 87th police traffic management and traffic police for traffic safety violations should be corrected. Public security organs traffic management and traffic police should be based on the facts and the relevant provisions of the law on road traffic safety violations will be punished.
    For minor and did not affect traffic, pointing out that illegal, released after verbal warnings.
    88th on the punishment of road traffic safety violations include: warning, fines, detention, temporary suspension or revocation of motor vehicle driver's license.
    89th pedestrians, passengers, non-motor vehicle driver in contravention of the road traffic safety law, regulations on road traffic regulations, warning or fined a maximum of five Yuan and 50 Yuan; non-motor vehicle driver refused to accept the fines to detain non-motor vehicles. 90th person driving a motor vehicle in contravention of the road traffic safety law, regulations on road traffic regulations, warning or fined a maximum of 20 Yuan and 200 Yuan.
    Otherwise provided for by this law, in accordance with the provisions.
    91st drink for drink driving, suspended for more than one month to three months following vehicle driver's license and fined 200 Yuan and 500 Yuan; drunk driving motor vehicles, traffic management constraints to sober up by public security organs, 15th the following detention and suspension of more than three months following motor vehicle driver's license for six months and fined a maximum of between 2000 Yuan and 500 Yuan.
    Drunk driving under the influence of operating a motor vehicle, motor vehicle driver's license suspended for three months and a fine of 500 Yuan; drunk driving under the influence of operating a motor vehicle, by the public security organs traffic management constraints to sober up, 15th following detention and motor vehicle driver's license suspended for six months and fined 2000 Yuan.
    Provisions of the preceding two paragraphs drunk drunk within a year of driving a motor vehicle, be punished twice or more, cancellation of driving license, shall drive operating motor vehicles within five years.
    92nd road passenger transport vehicles to carry more than rated crew, fined a maximum of between 500 Yuan and 200 Yuan over rated crew loading of 20% or violation of regulations, fined a maximum of between 2000 Yuan and 500 Yuan.
    Exceed the authorized freight motor vehicles laden mass, between 500 Yuan and 200 Yuan fines; quality 30% or violation of regulations exceed the authorized passenger capacity, fined a maximum of between 2000 Yuan and 500 Yuan.
    The preceding two paragraphs, detained by the public security organs traffic management departments to eliminate illegal state motor vehicle.
    Transport unit vehicle has this article, second paragraph, the penalties do not change, the persons directly in charge of more than 2000 Yuan and 5,000 yuan fine.
    93rd in violation of road traffic safety laws and regulations about parking of motor vehicles, temporary parking restrictions, it may be noted that violations, and verbal warning to depart immediately. Although motor vehicle driver not in the field or at the scene but refused to immediately leave, blocking other vehicles, pedestrians, fined a maximum of between 200 Yuan and 20 Yuan, and you can drag the vehicle to not impede traffic or traffic management departments of public security organs in a given place to park.
    Public security organs traffic management trailer not charging fees from the parties, and shall inform the party location.
    Trailers cause damage to the vehicle due to incorrect method, shall bear the liability for compensation.
    Vehicle safety inspection in 94th institutions motor vehicle safety inspection over charge standard fees approved by the Department in charge of price under the State Council, refunds of fees charged, and the Department of prices in accordance with the People's Republic of China price of relevant provisions of the law are punished.
    Motor vehicle safety inspection agencies in accordance with national safety standards test, issues a false test results, inspection of the premises by the public security organs traffic management sector costs five times more than double the penalty of 10 times, and the revocation of their inspection qualifications constitutes a crime, criminal responsibility shall be investigated according to law. 95th on-road vehicles is not flying the vehicles ' license plates, do not place the conformity inspection mark or insurance sign, or no vehicle carrying driving license, driving license, the public security organs traffic management authorities should detain a motor vehicle, notify the party concerned provides corresponding license plates, signs or has gone through the appropriate procedures, and can be punished in accordance with the provisions of this law 90th section.
    Parties provide the license plates, signs or has gone through corresponding formalities, motor vehicle shall be returned in a timely manner.
    Deliberate occlusion, defaced or is not required to install a motor vehicle plate, in accordance with the provisions of this law 90th section will be punished.
    96th article forged, and variable made or using forged, and variable made of motor vehicle registration certificate, and plate, and driving card, and test qualified logo, and insurance logo, and license or using other vehicles of motor vehicle registration certificate, and plate, and driving card, and test qualified logo, and insurance logo of, by police organ traffic management sector be collection, detained the motor vehicle, and at 200 Yuan above 2000 Yuan following fine; constitute crime of, law held criminal.
    Party concerned provides corresponding lawful proof or has gone through corresponding formalities, the motor vehicle shall be returned in a timely manner.
    97th unlawful installation of alarm and signal lights, torn by the public security organs traffic management departments, to be seized and fined a maximum of between 2000 Yuan and 200 Yuan.
    98th owner, management does not cover motor vehicle third party liability compulsory insurance according to state regulations, by the public security organs traffic management Department to impound vehicles in accordance with the provisions of this proposal, and insured in accordance with the provisions of the minimum limit of liability insurance premiums payable twice times the fine. All fines paid pursuant to the preceding paragraph into the social assistance fund for road traffic accidents.
    Specific measures shall be formulated by the State Council.
    99th article has following behavior one of of, by police organ traffic management sector at 200 Yuan above 2000 Yuan following fine: (a) not made motor vehicle license, and motor vehicle license was revoked or motor vehicle license was temporarily buckle during driving motor vehicle of; (ii) will motor vehicle referred to the not made motor vehicle license or motor vehicle license was revoked, and temporarily buckle of people driving of; (three) caused traffic accident Hou escape, is not constitute crime of; (four) motor vehicle driving over provides speed 50% of; (Five) forced motor vehicle driving people violation road traffic security legal, and regulations and motor vehicle security driving requirements driving motor vehicle, caused traffic accident, is not constitute crime of; (six) violation traffic control of provides forced passage, not listening to discourage of; (seven) deliberately damaged, and mobile, and altered traffic facilities, caused against consequences, is not constitute crime of; (eight) illegal intercept, and detained mobile vehicles, not listening to discourage, caused traffic serious blocked or larger property loss of.

    Actors have second and fourth circumstances in the preceding paragraph, may be cancellation of driving license; the first, third, fifth to eighth of the circumstances, May 15th and detained.
    100th drive Assembly motor vehicle or scrap standards for on-road motor vehicles has been reached, the public security organs traffic management should be collected, forcing scrap.
    Before driving the vehicle on-road driver, between 2000 Yuan and 200 Yuan fines and revocation of motor vehicle driver's license.
    Sell scrap motor vehicle standards has been reached, confiscate the illegal income, sales amount equivalent of a fine, for the motor vehicle in accordance with the provisions of the first paragraph of this article.
    101th violates the provisions of the road traffic safety laws and regulations, major traffic accidents, constitute a crime, criminal responsibility shall be investigated according to law, and the traffic Administrative Department of motor vehicle driver's license revoked by public security organs.
    Escape after causing a traffic accident, the traffic Administrative Department of motor vehicle driver's license revoked by public security organs, and may not regain motor vehicle driver's license for life.
    102th to occur within six months more than two serious traffic accidents have the primary responsibility or all of the responsibilities of professional transport unit, traffic management by public security organs ordered to eliminate security risks, does not eliminate unsafe motor vehicles prohibited on-road.
    103th state motor vehicle departments in accordance with the national safety and technical standards for critical review, licensing of substandard vehicle type put into production, the persons in charge and other persons directly responsible for administrative sanctions of demotion or removal from Office.
    Motor vehicle manufacturing enterprises by the State motor vehicle Department-licensed motor vehicle, do not implement motor vehicle security technology standards or the vehicle is not strictly the quality inspection, resulting in defective motor vehicle factory for sale, by the quality and technology supervision departments in accordance with the People's Republic of China product quality and relevant provisions of the law are punished.
    Unauthorized production and sale without permission from the State motor vehicle Department in the production of motor vehicles, confiscation of illegal production and sale of finished vehicles and parts, may be illegal products worth three times more than double the penalty of five times; have a business license, by the Administrative Department for industry and commerce shall revoke business license, no license, subject to seizure.
    Production and sales of assembled motor vehicles or motor vehicle production and sales of unauthorized modification, in accordance with the provisions of the third paragraph of this article.
    Second, third and fourth paragraphs of this article listed violations, production or sales do not meet national safety technical standards for motor vehicles, to constitute a crime, criminal responsibility shall be investigated according to law.
    104th unapproved, unauthorized mining roads, off-road construction or other effects of road traffic safety activities, by road authorities be ordered to desist from the illegal act and reinstatement, shall be subject to a fine; loss of movement of personnel, vehicles and other property, shall bear the liability for damages.
    The preceding paragraph, affect road traffic safety campaign, the public security organs traffic management can be ordered to desist from the illegal act and quickly restore traffic.
    105th article road construction job or road appeared damaged, not timely set warning logo, and not take protection measures, or should set traffic lights, and traffic logo, and traffic marking and no set or should timely change traffic lights, and traffic logo, and traffic marking and no timely change, led passage of personnel, and vehicles and the other property suffered loss of, has related duties of units should law bear compensation responsibility.
    106th on the roads and buffer zone planted trees, other plants or setting up billboards, pipelines, keep out street lights, traffic signals, traffic signs, interfere with safe horizon, by the public security organs traffic management authority shall order the perpetrator was impeding the who refuses to perform, fined a maximum of between 2000 Yuan and 200 Yuan, and forces eliminate the obstruction and the costs borne by the perpetrator.
    107th on road traffic offences be warned, fined a maximum of 200 Yuan, traffic police would be able to make administrative punishment decision and issue a written decision of administrative penalty.
    Written decision of administrative penalty shall set forth the party's illegal facts, the basis for administrative punishment, punishment content, time, place and punishment name and signed or sealed by law enforcement personnel.
    108th parties shall from the date of receipt of the written decision of administrative penalty of fine in the 15th, pay the fine to the specified bank.
    For pedestrians, passengers and non-motor vehicle driver fine, without objection by the parties, can be collected on the spot fines.
    Fines should be issued of provinces, autonomous regions and municipalities directly under the unified financial sector issued receipts; does not issue a unified financial sector issued receipts, parties have the right to refuse to pay the fine.
    109th party fails to carry out administrative punishment decision, impose administrative penalty decisions of administrative authorities may take the following measures: (a) the expiration does not pay the fine, 3% Add a fine in amount of the daily penalty, (ii) apply to the people's Court for compulsory execution.
    110th duty traffic police road traffic law-that it should be suspended or revoked driver's license penalty, can be detained for motor vehicle driver's license, and remit the case to the public security organs within a 24-hour traffic management departments. Road traffic violations shall be within the 15th to public security organs traffic management departments for processing.
    Without due cause fails to accept the revoked driver's license.
    Public security organs traffic management Department of suspended or revoked driver's license, it shall issue a written decision of administrative penalty.
    111th administrative penalties for violation of this law to be detained, by County and City Public Security Bureau, Public Security Bureau or the equivalent award of public security authorities at the district level.
    112th traffic Administration Department of public security authorities detained motor and non-motor vehicles, shall be issued certificates on the spot and inform the parties within the time stipulated in the public security organs traffic management departments for processing.
    Traffic management departments of public security organs shall take good care of the detained vehicles, shall not be used.
    Fails to accept treatment, and has not received notice three months, to detain the vehicle according to law.
    113th withholding of motor vehicle driver's license terms from the date on which the sanction decision; the decision to detain a motor vehicle driver's license before the entry into force, detained one day allowance withholding period one day.
    Motor vehicle driver's license revoked after a period of application for a motor vehicle driving license, in accordance with the motor vehicle driver's license management regulations. 114th police traffic management departments according to the traffic-technical monitoring and recording data, can be a violation of the motor vehicle owner or manager shall be punished according to law.
    Of the driver to be able to determine, in accordance with the provisions of this law shall be punished according to law.
    115th article traffic police has following behavior one of of, law give administrative sanctions: (a) for not meet statutory conditions of motor vehicle issued motor vehicle registration certificate, and plate, and driving card, and test qualified logo of; (ii) approved not meet statutory conditions of motor vehicle installation, and using police, and fire engine, and ambulance, and engineering recovery car of alarm, and logo lamps, spray logo pattern of; (three) for not meet driving license conditions, and without exam or exam not qualified personnel issued motor vehicle license of;
    (Four) not implementation fine decided and fine collection separation system or not by provides will law charged of costs, and collection of fine and the confiscated of illegal proceeds all surrendered Treasury of; (five) held or participation held driving school or driving courses, and motor vehicle garage or charges parking, business activities of; (six) using positions Shang of convenience received others property or seek other interests of; (seven) illegal detained vehicles, and motor vehicle driving card, and license, and vehicles plate of; (eight) using law detained of vehicles of;
    (Nine) spot charged fine not issued fine receipt or not truthfully fill in fine amount of; (10) engages in, not just processing traffic accident of; (11) deliberately bewilders, delay handle motor vehicle license of; (12) non-implementation emergency task Shi using alarm, and logo lamps of; (13) violation provides intercept, and check normal driving of vehicles of; (14) non-implementation emergency corporate Shi intercept took motor vehicle of; (15) not perform statutory duties of.
    Public security organs traffic management departments of any of the acts listed in the preceding paragraph, supervisor directly responsible and other persons directly responsible shall be investigated by appropriate administrative sanctions.
    116th in accordance with the provisions of this article 115th, traffic police were given administrative sanctions, administrative punishment decision, may be suspended from duty, if necessary, can be closed.
    In accordance with the provisions of this article 115th, traffic police were demoted or dismissed an administrative sanction, he may be dismissed.
    A traffic policeman is expelled or dismissed should remove badges; traffic police was dismissed following administrative sanctions, should reduce the ranks.
    117th traffic police using illegal possession of public property, solicit or accept a bribe, or abuse their powers, neglect their duties, constitutes a crime, criminal responsibility shall be investigated according to law.
118th police traffic management and traffic police of this law one of the acts listed in article 115th, losses caused to a party, shall bear the liability for damages.
    The eighth chapter by-laws 119th article of the law, the following terms shall have the meanings: (a) "road" refers to highways, urban roads and jurisdiction of the units but places that allow social vehicle access, including squares, public parks and other places for public access.
    (B) "vehicle" means motor and non-motor vehicles. (C) "motor vehicle", refers to the power plants driven or drawn, on-road ride for officers or for the transport of goods and special operations of wheeled vehicles.

    (D) "non-automobile" is driven by human or animal power, on-road vehicles, as well as a power-driven design top speed, empty mass, dimensions comply with the relevant national standards for persons with disabilities motorized wheelchairs, electric bicycles and other means of transport.
    (E) "traffic accidents", refers to the vehicles on the road by mistake or accident resulting in personal injury or property damage.
    120th PLA and people's armed police force the preparation of motor vehicle license plates, the preparation of motor vehicle inspection as well as motor vehicle driving assessment, the relevant departments of the Chinese people's Liberation Army, the Chinese people's armed police forces are responsible for.
    121th to on-road tractors, agricultural (agricultural machinery) authorities exercising this law article eighth and Nineth and 13th, 19th, article 23rd public security organs traffic management Department of management authority.
    Agriculture (agricultural machinery (competent authority exercises its powers in accordance with the provisions of the preceding paragraph shall comply with the relevant provisions of this law, and accept the supervision of public security organs traffic management; violation of provisions, in accordance with the relevant provisions of this law shall be investigated for legal responsibility.
    Before the promulgation of this law by the agriculture (agricultural machinery) motor vehicle license plates issued by the competent authority, after the promulgation of this law shall remain valid.
    122th on incoming foreign motor vehicles of the State road traffic safety management.
    123th provinces, autonomous regions and municipalities directly under the Standing Committee of the national people's Congress in accordance with the actual situation of the region, within the penalty stipulated in this law, specific performance standards. 124th article this law shall enter into force on May 1, 2004.

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