(November 24, 2006 2006 11th release of traffic, come into force on January 1, 2007) Chapter I General provisions article to regulate traffic regulations and traffic legislation, ensure the quality of traffic, according to the People's Republic of China Law on legislation, the formulation of administrative regulations program regulations and the rulemaking Procedure Ordinance, these rules are formulated.
    Project article traffic laws, drafting, revision, review, review, publication, record, interpret and repeal these provisions apply.
    Third article this provides by said traffic regulations, is refers to Ministry drafting reported and developed of adjustment Highway, and waterway traffic matters of following normative file: (a) Ministry drafting reported State review Hou submitted national people's Congress or its Standing Committee considered of legal trial draft; (ii) Ministry drafting reported State considered of administrative regulations trial draft; (three) Ministry and the Ministry and State other sector joint developed of regulations.
    Fourth article developed traffic regulations should followed following principles: (a) traffic regulations should implement party and national of route, and approach and policy; (ii) legal trial draft shall not and Constitution phase against; administrative regulations trial draft shall not and Constitution, and legal phase against; regulations shall not with Constitution, and legal, and administrative regulations, and State of decided, and command phase against; (three) traffic regulations should promote and guarantees traffic industry health, and sustainable development, reflected and maintenance traffic practitioners and people of fundamental interests.
    Names fifth traffic laws should be accurate, specifications, comply with the following requirements: (a) the law of "law"; (b) the administrative regulations called "regulations" and "rules", "way", (iii) the regulations called "regulations", "way", "rules", the "implementing rules", "implementation measures".
    Sixth traffic laws should be well prepared and not verbose, logical and well-structured, explicit, specific, and accurate and concise, with maneuverability. Article seventh traffic regulations as required by its content, can be divided into chapters, sections, articles, paragraphs, items, and accounts.
    Serial numbers of the chapters, sections, articles with Chinese number sequentially, not numbers, ordinal in Chinese digital bracket order in order to sequentially number in Arabic numerals.
    Apart from the complex, and regulations are generally not divided into chapters and sections.
    Eighth article traffic regulations developed work by Ministry legal work sector (following referred to legal work sector) centralized management, specific work main including: (a) prepared and organization implementation traffic legislation planning and annual legislation plans; (ii) coordination traffic regulations of drafting work; (three) is responsible for traffic regulations trial draft of audit modified and submitted work; (four) is responsible for tie legislature carried out legal, and administrative regulations draft of audit modified work; (five) Organization regulations of explained, and cleanup, and abolition work;
    (Vi) is responsible for the published work of the traffic regulations; (VII) is responsible for the recording of traffic regulations.
    Traffic legislation, funds should be included in the budget.
    Chapter project Nineth legal affairs departments shall, in accordance with article focused, integrated, responsive, practical principles, the beginning of each year the preparation of this year's legislative plan.
    Tenth Ministry departments according to their functions and the actual situation of the management of, and the need to develop and amend regulations, in October of the year preceding the plan year should be submitted to the Legislative Affairs Department project proposals.
    Other units, social groups and individuals can also submit legislative proposals to the Legislative Affairs Department of the Ministry.
    11th project proposals involving multiple departments within the Ministry, project proposals submitted jointly by the relevant authorities; for project proposal are consistent, coordinated by the Legal Affairs Department recommendations still fail to reach an agreement, reported to the Ministry decision.
    12th article following matters not belongs to traffic regulations project range: (a) traffic administrative organ and the belongs units of internal management matters, and system,; (ii) on specific matters of notification, and replies, and reply,; (three) technology standard, and technology specification,; (four) about wage, and allowance standard of provides; (five) need confidential of matters; (six) in accordance with legislation method provides not belongs to traffic regulations provides of other matters.
    13th article project recommends should including following content: (a) traffic regulations of name; (ii) intends project accounts is new developed also is Amendment; (three) legislation purpose, and need and by to solution of problems; (four) legislation project of adjustment object and adjustment range; (five) intends established of main system; (six) legislation progress arrangements; (seven) legislation project drafting sector and responsibility people; (eight) released organ.
    Project proposals shall be signed by the recommended the Department Chief.
    14th article legal work sector should according to legislation plans of prepared principles, from following aspects opposition items recommends for summary research, developed Ministry annual legislation plans: (a) whether meet Ministry recently and annual Center work requirements; (ii) traffic legal and administrative regulations of project recommends whether meet traffic regulations system framework of requirements; (three) legislation matters whether belongs to should through legislation be specification of category; (four) Regulations Zhijian whether mutual convergence, content has no repeat cross;
    (E) legislative time is ripe; (f) the legislative plan of arrangement would work.
    15th legislative plan into a kind of legislative projects and secondary legislation.
    Legislation project, refers to the legislation should be completed during the year, namely the legal draft, draft administrative regulations submitted to the State Council within the year, regulations published during the year.
    Second class legislation refers studies during the year drafting, timely review of legislation.
    16th legislative plan should include the following: (a) the legislative project name, (ii) legislative drafting departments and responsible person; (c) the Legal Affairs Department of the Ministry and (iv) Ministerial meeting and submitted to the State Council, (v) other written content.
    17th annual legislative plans after examination by the competent Ministry of traffic, the MOTC ministerial meetings (hereinafter referred to as ministerial meeting) to consider, to Ministry of communications issued the implementation. Annual legislative programme is in transport, traffic, according to annual legislative work should be strictly enforced. Each Department shall be completed in accordance with the provisions of the legislative scheme drafting, revision and assessment.
    Legal Affairs Department should be inspecting and supervising the implementation of the annual legislative programme, and to be regularly informed.
    Legislative programme during the implementation process needs to be increased or decreased in legislative projects, relevant departments within the Ministry should change the legislative plan and discuss legal affairs departments, legal work of the competent Ministry and Ministry in charge of its business after approval by the legal sector adjust to the legislative programme. Chapter III drafting of article 18th traffic laws drafted by the drafting Department is responsible for the Organization of the legislative plan.
    Be drafted jointly with the relevant ministries, should be coordinated with the ministries concerned the drafting work.
    Drafting of traffic laws may invite relevant organizations, experts or commissioned organizations, experts in drafting. 19th article drafting traffic regulations, should followed legislation method determine of legislation principles, and meet Constitution and legal of provides, while also should meet following requirements: (a) reflected reform spirit, science specification administrative behavior, promote government functions to economic regulation, and market regulatory, and social management, and public service change; (ii) meet streamlined, and unified, and effectiveness of principles, simplified administration procedures; (three) effective guarantees citizens, and corporate and other organization of lawful rights and interests of, in provides its should perform of obligations of while,
    Should provides its corresponding of right and guarantees right achieved of way; (four) reflected administrative organ of terms and responsibility phase unified of principles, in gives administrative organ necessary terms of while, should provides its exercise terms of conditions, and program and should bear of responsibility; (five) reflected traffic career development and traffic industry management work of objective law; (six) regulations by provides of matters shall not over Ministry of statutory functions; (seven) meet legislation technology of requirements.
    20th draft departments should implement responsible persons or to set up a drafting group as needed, develop draft work programme, and inform the Legal Department informed the drafting process of the situation.
    21st Legislative Affairs Department can intervene early traffic regulations drafting, keep abreast of the status of the traffic laws, assist in drafting departments to solve problems in the process of drafting. 22nd draft traffic regulation, should conduct in-depth studies and practical experience, solicit the views of relevant bodies, organizations and citizens.
    Comments may be in written comments, forums, feasibility study meeting, hearing and other forms.
    Drafting of traffic laws shall seek the views of provincial transportation departments in writing. 23rd article need held hearing of, should according to following program organization: (a) hearing should public held, drafting sector should in held hearing of 30 recently announced hearing of time, and locations and content; (ii) through social public registration, and invited, form determine participate in hearing of about organ, and organization and citizens; (three) participate in hearing of about organ, and organization and citizens on drafting of traffic regulations, right to questions and published views; (four) hearing should making record,
    Faithfully record the spokesman of the main views and reasons; (e) the drafting departments should carefully study the hearing reflected a variety of views and preparation of notes on the treatment of the situation and the reasons for them.
    24th draft traffic regulation directly involving citizens, legal persons or other organizations vital interests, the relevant organs, organizations or citizens have major differences of opinion, drafting departments should publicize and seek the views of all sectors of the community, can also hold a hearing. Drafting departments should carefully research the community and feedback from the hearings, and in the preparation of notes on the treatment of the situation and the reasons for them.

    25th traffic regulations involve significant technical and management issues, drafting Department shall seek advice to the Chief Engineer of the Ministry, and in the preparation of notes on the treatment of the cases an explanation and justification. 26th traffic related to multiple departments or work closely with other departments, the drafting Department shall consult the relevant departments.
    Consensus still cannot be reached through full consultation and drafting Department in the drafting of the statement of case. 27th draft departments should prepare the drafting instructions.
    Drafting description should including following content: (a) legislation purpose and need; (ii) legislation according to; (three) drafting process; (four) sought views of situation, and main views and the processing, and coordination situation; (five) on established and provides administrative license matters of description; (six) on established of main system and main terms of description; (seven) other need description of content.
    28th drafting departments shall, in accordance with the work schedule to complete the drafting of the legislative plan to form a draft, and delay in the delivery of Legal Affairs Department.
    Draft should be signed by the head of drafting Department's main involved other departments within the Ministry shall be countersigned before departments submit; draft drafted jointly by several departments, it should be signed by several departments in charge.
    Drafted 29th when departments will draft legislative affairs departments, preparation of notes and other related materials should be submitted.
    Other relevant materials include summaries of opinions, research reports, public hearings transcripts, legislative information, at home and abroad.
    Fourth chapter review article 30th draft by the Legal Affairs Department is responsible for auditing, and change. 31st article legal work sector main from following aspects on trial draft for audit: (a) submitted of material whether complete, whether meet this provides of requirements; (ii) whether meet this provides fourth article, and 19th article of provides; (three) whether and about regulations convergence, and coordination; (four) whether sought has concerned of views, and on main views proposed has processing views, about processing views whether right, and reasonable; (five) about differences views whether after full coordination and proposed processing views,
    Relevant comments are correct, reasonable; (vi) compliance with the requirements of legislation and (VII) if practical, operational, and (VIII) compliance with other relevant requirements specified in this. 32nd article trial draft has following case one of of, legal work sector can returned drafting sector: (a) submitted material not complete or not meet provides of; (ii) legislation according to insufficient or and upper method conflict, and contradictions of; (three) drafting sector on exists larger dispute of problem not and about sector consultations or about sector on provides of main system exists larger dispute of; (four) main content serious from actual or lack can operation sex of; (five) in legislation technology Shang exists larger defects,
    In need of a comprehensive adjustments and modifications (vi) fourth draft does not comply with the provisions stipulated in article, 19th and 28th.
    Be returned after the draft submitted by the drafting Department in accordance with the requirements of sound, should be in accordance with the provisions of procedure submitted to the Legal Affairs Department.
    33rd Legislative Affairs Department would draft related to seek the views of relevant departments of the major issues involving State responsibility or is closely related to the other ministries, can contribute to the relevant ministries for comments involving major and difficult issues should be held by the relevant units and experts to participate in the seminar, feasibility study meeting, listening, research and demonstration.
    34th Legislative Affairs Department would draft main issues involved, reach out to field research, listen to the views of relevant organs, grass-roots organizations and citizens.
    35th draft articles directly related to the vital interests of citizens, legal persons or other organizations, related bodies, organizations or citizens have major differences of opinion, drafting departments during the drafting process was not open to the public for comment, did not hold a hearing, legal departments to draft for comments to the public, can also hold a hearing.
    Need to hold hearings, in accordance with the procedure provided for in article 23rd.
    36th Legislative Affairs Department on key legal issues in the draft to the Advisory Committee of legal experts of the Ministry for comment.
    Legal Affairs Department expert advice should be comprehensive, objective of finishing, on the expert's recommendations and.
    37th in the departments related to draft article on management, segregation of duties, the main management system have different views, departments shall organize the relevant departments to coordinate legal work to reach consensus; fail to reach an agreement, dispute should be major issues, views and recommendations submitted to the competent Ministry decision.
    38th legislative affairs departments to seriously study opinions from all sides, in consultation with the drafting Department, changes to the draft, form the traffic regulations approval revised version and write the audit report.
    39th transportation regulatory approval a revised version and audit report signed by the Legal Affairs Department Chief, according to relevant provisions and sent the drafting Department and related departments to sign, and reported on the Ministry of audit.
    Traffic laws and approval revisions agreed upon by ministerial leadership after an examination, drew attention to the Ministerial Conference for consideration.
    The fifth chapter deliberations and published its 40th traffic law revised by the meeting of ministerial review submit.
    Ministerial meetings to consider when submitting revised, modified by the Legal Affairs Department is mainly in charge of submitting draft briefly.
    41st meeting approval a revised version of the regulations, and signed by the Minister and published in the form of traffic.
    Ministerial meeting hosted by the Ministry developed jointly with other ministries of the State Council regulations, signed by the leadership of the Ministry and other ministries of the State Council of Ministers, published in the form of joint ministerial order using ordinal of the Ministry. Consideration of legal and administrative regulations adopted by the ministerial meeting for approval a revised version, signed by the Minister of Ministry document submitted to the State Council for review.
    The national people's Congress, the State Council in the course of review, modify, by the legal authorities and the relevant departments to coordinate and work together.
    42nd consideration upon by ministerial Affairs does not pass traffic laws and approval of revised version by the rule of law sector in accordance with the ministerial meeting, in conjunction with relevant departments to modify, improve, reported to the Ministry to decide whether to resubmit ministerial meetings or audited.
    Article 43rd publishing rules of order shall include the rules of the enacting body, serial number, rule name, by date, effective date, release date, and signed, and so on.
    44th after the publication of the regulations, it shall in the Gazette of the State Council and the China communications news, published on the Government Web site of the Ministry.
    Regulatory text for publication in the Gazette of the State Council for the standard version.
    45th regulations should be enforced in the 30th after the date of its publication, but national security and released immediately after the execution could affect regulatory purposes, can come into force on the date of promulgation.
    Sixth chapter records, amendments, interpretations and regulations of abolition of the 46th article be published in the 30th, by the rule of law sector in accordance with the relevant provisions submitted to the State Council for the record.
    47th article has any of the following circumstances, traffic regulations should be amended: (a) conflict with the upper law or inconsistent; (b) are in conflict with the law, and (iii) legislative background to major rebus, traffic laws are no longer meet the needs of the situation and (iv) other circumstances that should be revised.
    Develop procedures to amend traffic regulations applicable traffic laws. 48th regulation's explanation right belongs to the Department of transportation.
    Interpretation of the regulations with the regulations shall have the same effect.
    Regulations of any of the following circumstances shall be interpreted as follows: (a) itself needs to further clarify the specific meaning of the regulations; (b) the enactment of regulations there is a new situation, need to be clearly applied based on the. 49th rule interpretations from the original drafting Department is responsible for the drafting, by the Legal Department in accordance with regulatory audit, modify audit program; or drafted by the Legal Department, seek the views of relevant departments.
    Interpretation of regulations submitted to the departmental review or approval upon by ministerial leadership to Ministry files released.
    50th article regulations has following situation one of of, should to abolition: (a) provides of matters has implementation finished, or for situation changes, no continues to purposes necessary of; (ii) for about legal, and administrative regulations of abolition or modified, lost legislation according to of; (three) and new issued of legal, and administrative regulations phase against of; (four) same matters has was new announced purposes of regulations by instead of, regulations lost exists meaning of; (five) Regulations provides of purposes term expires of; (six) should be abolition of other case.
    51st rule repealed by Legislative Affairs Department to administer.
    Regulations repealed by relevant departments, provincial transportation departments submitted to the Legal Affairs Department, can also be directly proposed by the Legal Affairs Department.
    Article 52nd 50th article (five) of cases, abolition of regulations should be considered upon by ministerial Affairs meeting decided that in Department order forms are published.
    Seventh chapter supplementary articles article 53rd work on regulations implemented by the Legislative Affairs Department of organization.
    54th draft, making local traffic laws, government regulations, transportation departments should seek the views of the Ministry in the drafting process.
    Local traffic laws, government regulations shall be published in the 30th, published by transportation departments of people's Governments at the Office of Legislative Affairs to submit ten copies of the Ministry. 55th article of the regulations come into force on January 1, 2007.
                              The traffic regulations on the procedure for formulating regulations (1992, traffic, 38th) repealed simultaneously.