(April 30, 2004, the Ministry of public security, the 70th release as of May 1, 2004) contents chapter I General provisions chapter II chapter III jurisdiction accept the fourth chapter summary fifth scene investigation investigation section I General provisions chapter II section III traffic accident escape investigation section fourth certificate of inspection, verification section fifth accident Chapter Sixth implementation of the seventh chapter penalty
Traffic accident damages foreign mediation eighth chapter other provisions of chapter Nineth tenth chapter by-laws chapter I General provisions article in accordance with the People's Republic of China on road traffic safety Act and its implementing regulations, this provision is enacted.
Provisions of this article applicable to vehicles on the road by mistake or accident resulting in personal injury or property damage accident.
Off-road vehicle traffic accidents that occurred, the public security organs traffic management Department received a report with reference to these provisions.
Special serious traffic accident occurs, according to the provisions of relevant laws and regulations.
Article dealing with a traffic accident shall follow the open, fair, accessible and efficient principles.
Article has years of experience in road traffic management traffic police, the district municipal public security traffic Administrative Department training examinations, you can handle the traffic accident in summary proceedings.
With two years of experience in road traffic management traffic police training by the provincial public security organs traffic management departments, passed the examination, after obtaining the qualification certificate of traffic accidents that can handle traffic accidents in general procedure and summary procedure apply.
Fifth public security organs traffic management departments should be in a nearby province, prefectural (City), County, State, province, at the junction of county roads on the highway, public security organs traffic management settings marked with jurisdictions address tips and traffic accident alert phone cards.
Chapter II jurisdiction article sixth public security organs traffic management departments at or above the county level shall be responsible for dealing with the jurisdiction of the regional or road traffic accidents.
Article seventh dispute arises over jurisdiction and submit them to the superior public security organ of the common designated under the traffic management, superior public security traffic Administrative Department shall make a decision within 24 hours, and notify the parties to the dispute. Jurisdiction where the accident occurred is uncertain, the first or the first received a report of the public security organs traffic management sector should go ahead of the injured on site pre-treatment.
Jurisdiction determined, by a public security organ has jurisdiction over traffic management departments.
Eighth superior public security organ traffic management when necessary, can handle lower-level public security organs traffic management Department of traffic accidents, or to specify the lower limit to transfer the case to the public security organs traffic management sector other subordinate public security organs traffic management departments. Lower-level public security organs traffic management departments in complex cases, significant or traffic accidents involving police personnel, vehicles may apply for transfer-level public security organs traffic management Department; public security organs traffic management Department at a higher level shall, within 24 hours after receipt of the application, transferred or by the public security organs traffic management departments continue to decide.
Jurisdiction transfer, processing time is calculated from the date of referral of cases. Chapter accepted the Nineth traffic Administration Department of public security authorities received a warning of traffic accident, should register for future reference, record the alarm time, alarm name, organization, telephone, traffic accidents, location, vehicle type, vehicle brands, whether it contained dangerous goods, loss of life, such as introduced.
Suspected traffic accident escape, should also ask for details and records the vehicle's color, characteristics and direction of escape the situation. Alarm not reported on condition of anonymity, should be recorded.
Police wouldn't reveal the name of the person, for which should be kept confidential. Tenth public security organs traffic management departments receiving traffic accident police, should be in accordance with the provisions of traffic police were immediately sent to the scene. There are casualties, shall promptly notify the emergency, medical, fire and other departments concerned.
Death occurred three or more or have a major impact on traffic accidents, should be immediately up-level public security organs traffic management departments and local Governments report involving commercial vehicles, and inform the relevant administrative departments of local people's Government. 11th if not alarm at the accident scene afterwards requested public security organs traffic management departments, the Parties shall, upon request, 10th within the public security organs traffic management departments to provide evidence in traffic accident. Public security organs traffic management departments receiving evidence in traffic accident information made available by the parties from the date of the accident to investigate.
The parties did not provide evidence in traffic accident, police traffic management Department arising from the changes in the scene, evidence destroyed, unable to verify traffic accident facts, civil action to the people's Court shall notify the parties in writing.
Fourth chapter simple program 12th article occurred People's Republic of China Road traffic security method 70th article second paragraph, and third paragraph provides of traffic accident, party should fill in traffic accident occurred of time, and locations, and weather, and party name, and motor vehicle license,, and contact way, and motor vehicle grades, and insurance voucher,, and traffic accident form, and collision parts, and compensation responsibility people, content of agreement or text records, common signature Hou immediately evacuation site, consultations compensation amounts and compensation way.
Parties have been deal with compulsory third party liability insurance for motor vehicles, based on the agreement recorded traffic accidents to claim against the insurance company.
Parties may also agree on their dealing with compensation matters.
13th article has following case one of of, party should protection site and immediately alarm: (a) motor vehicle no plate, and no test qualified logo, and no insurance logo of; (ii) driving people no effective motor vehicle license of; (three) driving people drinking, and taking national control of spirit drug or anesthesia drug of; (four) occurred People's Republic of China Road traffic security method 70th article second paragraph provides of traffic accident, party on facts or causes has dispute of; (five) party cannot itself mobile vehicles of;
(F) collision, public buildings or other facilities.
14th article police organ traffic management sector on following traffic accident can according to simple program processing: (a) occurred People's Republic of China Road traffic security method 70th article second paragraph, and third paragraph provides of traffic accident, party on facts and the causes has dispute not voting evacuation site or party itself evacuation site Hou, by consultations not reached agreement of; (ii) injured personnel think himself injury minor, party on facts and the causes no dispute, but on compensation has dispute of.
Summary proceedings can be handled by a traffic policeman. 15th article occurred People's Republic of China Road traffic security method 70th article second paragraph, and third paragraph provides of traffic accident, party not evacuation site of, traffic police should records traffic accident occurred of time, and locations, and weather, and party name, and motor vehicle license,, and contact way, and motor vehicle grades, and insurance voucher,, and traffic accident form, and collision parts,, by party signature Hou, ordered party evacuation site, recovery traffic. Refusing to leave the scene, be forced to evacuate.
Acts of the parties and to the occurrence of traffic accidents and the severity of the fault, to determine a party's liability, and certificate of production accidents. 16th party leave the scene, damages do not deal alert in consultation, should have the signatures of the parties to the traffic police traffic accident recorded material.
Traffic police recorded and signed by the parties, by the acts of the parties and to the occurrence of traffic accidents and the severity of the fault, to determine a party's liability, and certificate of production accidents.
17th the parties jointly requested mediation, and traffic police should mediate on the spot, and records the result of the conciliation on the accident report, signed by the parties, deliver client.
18th article has following case one of of, not applies mediation, traffic police can in accident finds book upload Ming about situation Hou, will accident finds book delivered party: (a) party provides not out traffic accident evidence, for site changes, and evidence out lost, traffic police cannot check traffic accident facts of; (ii) party on traffic accident finds has objections of; (three) party refused to in accident finds book SHANG signature of; (four) party not agreed by traffic police mediation of.
Of any of the circumstances set forth in the preceding paragraph or mediation no agreement and conciliation after the entry into force of the party's failure, the parties may bring a civil action.
Fifth chapter survey first section General provides 19th article occurred following traffic accident, party should immediately alarm: (a) caused personnel death, and injured, and sustained minor injuries of; (ii) caused personnel minor injury, but party on facts or causes has dispute of; (three) property loss larger of; (four) property loss minor, but has this provides 13th article first paragraph first items to third items provides case one of of.
Property loss of standards, by the provincial public security organs traffic management provisions in consultation with the relevant departments.
20th public security organs traffic management departments are part of the provisions of article 19th of traffic accidents, fill in the traffic accident registration form filing; the investigation does not belong to a traffic accident, notify the parties in writing and refer the case to the relevant department or inform the parties dealing.
21st police traffic management to traffic accident investigation, traffic police shall not be less than two. Traffic police investigation by investigators showed that law enforcement capacity, inform the respondents shall have the rights and obligations of, parties to send a contact card.
Contact traffic police name, Office address, contact information, monitor phone calls and other content. 22nd death more than three traffic accident, municipal public security traffic Administrative Department shall be divided into districts sent staff to the scene to guide the investigation.
Deaths of ten or more traffic accidents occurred, the provincial public security organs traffic management departments should be sent to the scene to guide the investigation. Second section site survey 23rd article traffic police arrived site Hou, should according to need immediately for following work: (a) organization rescue injured personnel; (ii) in site around set cordon, in from site to car direction 50 to 150 meters outside set glow or reflective of traffic logo, guide vehicles, and pedestrian bypass; allows vehicles passage of, traffic police should is responsible for site alert, and grooming traffic, command other vehicles deceleration through; (three) command driving people, and passengers, personnel in security zone waiting; guide exploration , And command, vehicles followed by Park in cordon within to car direction of road right, vehicles should opened police lamp, night also should opened dangerous alarm Flash and shows profile lamp; (four) on carrying explosion items, and flammable easy burst chemical items and poison sex, and radioactive, and corrosion sex, and infectious diseases source body, dangerous items of vehicles occurred of traffic accident, should immediately report local government, informed about sector timely processing, take closed road, traffic control measures; collaborative about sector delineation separation, evacuation past vehicles, and
Personnel (v) on the road, electricity, communications and other facilities damaged in a traffic accident and notify relevant departments timely processing; (vi) the parties determine traffic accidents, control the perpetrators, to find witnesses.
24th article of first aid and medical personnel arrived at the scene, organized by the medical staff in first aid, rescue the injured, traffic police should actively assist. 25th transport police investigation over a traffic accident, should wear a reflective vest, can wear light or reflective at night.
In case of vehicles carrying dangerous goods accidents, should also wear protective clothing as required, wear protective equipment. 26th traffic police investigation over a traffic accident shall be full and timely collect relevant evidence.
Site survey content including: (a) traffic accident party of basic situation; (ii) vehicles security technology status and the mount situation; (three) traffic accident of basic facts; (four) party of road traffic security violations and the led to traffic accident of fault or accident situation; (five) and traffic accident about of road situation; (six) other and traffic accident about of facts. 27th survey over a traffic accident, in accordance with the provisions of the relevant regulations and standards, set photos, and draws a scene graph, traces and evidence collection, extraction, production site survey record.
Deaths of three or more traffic accidents should be live webcams. Site traffic police should be involved in the investigation, the party or witness signatures.
Party refuses to sign or not to sign, and no witnesses, should be recorded.
28th may due to the time, place, weather and other reasons, led to traces or evidence of loss, shall be tested in time, extraction and preservation. 29th traffic police shall check the identity of the party documents, driver's license, work ID and motor vehicle driving license, insurance sign identified; it is difficult to verify the identity of perpetrators on the spot can be validly summoned.
Law of traffic police vehicles, traffic accidents and their carry-on items for inspection by the parties.
Article 30th scene investigation is completed, counting the lost and stolen property, the public security organs traffic management departments should be quickly organized clean up, restore transportation as soon as possible. 31st public security organs traffic management departments shall, in accordance with the procedures of public security organs in handling administrative cases, perpetrators and other parties and witnesses for questioning or interrogation.
Asked or interrogation Shi, should according to need asked Ming traffic way, and driving people and motor vehicle all, and management people of basic situation and motor vehicle license,, and associate driving type, and received motor vehicle license date, and driving experience, driving Qian activities, and rest, and catering situation, and driving Shi body status, by driving vehicles status, and insurance situation, driving route, and driving time, and driving speed, traffic accident occurred after, times take of measures and the subjective mentality, and traffic accident about of situation. Traffic Administration Department of public security authorities in the investigation of traffic accidents in the process found that parties are suspected of the crime of causing traffic casualties should be in accordance with the regulations on the procedures of public security organs in handling criminal cases on file for investigation, and to legally take enforcement measures.
Found other criminal suspects by the parties, shall be transferred to the relevant departments of the public security organs in a timely manner.
32nd transportation police believe parties should be given suspended or revoked driver's license penalties to detain the motor vehicle driver's license and issuing certificates of compulsory administrative measures.
Detention period of motor vehicle driver's license up to making the decision.
33rd due to collect the evidence necessary to detain the vehicle and motor vehicle driving license, the public security organs traffic management Department shall issue a certificate of compulsory administrative measures, the vehicle is moved to the specified location and safekeeping. Police traffic Administration Department shall not detain the cargo vehicle. In verifying the weight and volume of the goods and the goods contained after the loss, notify the motor vehicle driver or owner of the goods concerned.
Does not deal with the parties, in accordance with the procedures of public security organs in handling administrative cases of the 155th, 156th regulations.
Section III traffic accident escape investigation jurisdiction of the 34th police traffic management should be based on regional and road conditions, development of traffic accident escape cases investigation plans.
After traffic accident escape cases, public security organs traffic management should be based on the testimony of a witness, accident scene traces, remnants and other clues, arranged in a timely manner to intercept and hunting. 35th case to the public security organs traffic management departments can be circular, to society announcements, such as requiring investigation, traffic accident escape cases reported.
When issued a circular or notice to the community, shall provide the basic facts, traffic accident escape traffic accident escape cases and vehicle situations, characteristics and direction of vehicles to escape the situation. Article 36th received a circular traffic management Department of the public security authorities, shall be immediately assigned to intercept or troubleshooting. Suspected traffic accident escape vehicle or vehicle is found, should be detained, summoned by law traffic accident escape or suspects in accordance with circular and will inform the incident in a timely manner to the public security organs traffic management departments.
Incident traffic management departments of public security organs should immediately send traffic police officers to apply for transfer.
37th public security traffic Administrative Department seized over a traffic accident escape and vehicles should be revocation of circular issued by the original range.
38th public security organs traffic management departments of traffic accident escaping seized persons and vehicles as effective clues or assistance of staff, units should be given recognition and rewards.
Public security organs traffic management and transport police circular for failing to cooperate with an investigation and cause serious consequences, the public security organ or the public security organs traffic management Department investigated for handling responsibility at a higher level and unit manager responsibilities.
Fourth test, identification of the 39th public security organs traffic management departments of the party physiological, mental conditions, injuries, body, vehicle and its speed, trace, as well as live road conditions such as the need for inspection and verification, shall, on the date of the exploration site in the 5th assign or entrust professional technicians, qualified accreditation body to carry out inspection and verification. Inspection, verification should be completed in the 20th; extension is required, approval by the District of the municipal public security traffic management can extend the 10th.
Inspection and verification cycles over time, must be reported to the provincial public security organs traffic management Department for approval.
40th of psychiatric medical evaluation shall be specified by the provincial hospital.
Party accident maim, after the end of treatment, should be made by qualified accreditation bodies assessing grade of disability.
The disputed property damage assessment assessments should be assessed by a qualified agency.
Qualified inspection, verification, assessment bodies shall be filed with the provincial public security organs traffic management Department, the public security organs traffic management can be presented to the parties in accordance with conditions of inspection, verification, assessment agencies, selected by the parties themselves. 41st deaths caused by traffic accidents, first aid, medical institution or medical examiner issued a death certificate. Body shall be deposited in a funeral service or mortuary conditions of medical institutions. Inspection bodies shall not be conducted in public. The autopsy, his relative's consent is needed. After the test is complete, it shall notify the relatives of the deceased in the 10th for a funeral matters.
Without due cause fails to go through, and approved by the head of the public security organs above the county level, by the public security organ handling of dead bodies, overdue storage costs borne by the relatives of the deceased.
Unknown bodies, extract personal identification by forensic material, gathering other relevant information, the public security organs traffic management departments fill out the unknown bodies information registration form, report, public security departments, districts. Verification is not known the identity of the deceased, notify his relatives or claim and deal with traffic accidents. Verified cannot be identified, should be in (City)-level newspaper recognized partners.
10th still unclaimed after the newspaper, by the public security organs above the county level heads or the approval of the head of the public security organs traffic management Department at a higher level with dead bodies. 42nd traffic Administration Department of public security authorities detained the vehicle in addition to testing, identification of, and shall not be used. Inspection and verification finished 5th in the notified party to draw traffic accident and motor vehicle driving license.
Abandoned the vehicle and escaped without the vehicle or has not received notify after 10th, according to the People's Republic of China on road traffic safety law of the 112th section processing.
Without license plates, reached scrap criteria, does not cover motor vehicle third party liability compulsory insurance of vehicles, in accordance with the relevant provisions of laws and regulations. Article 43rd inspection, verification, assessment agencies, people, public security organs traffic management to assign, delegate or entrust a, shall be completed within the time stipulated in inspection, verification, assessment.
After the inspection, verification, assessment to determine, shall issue a written conclusion signed by the inspection, verification, assessment and stamped with the seal of the institution. 44th police traffic management departments should receive testing, 2nd after results in the inspection, copies of identification of parties. Party on public security organs traffic management Department inspection, disagrees with the conclusions, receiving inspection, copies of identification within 3rd again after inspection and verification applications.
Upon approval by the heads of county-level public security organs traffic management departments, shall be assigned or authorized technicians, identification of eligible institutions will recheck and identified.
Inspection, verification, assessment commissioned by the parties disagrees with the conclusion, receiving inspection, verification, assessment conclusions were 3rd in the Entrust inspection, verification, assessment and informed the public security organs traffic management departments, public security organs traffic management authority record. Limited to one application, re-inspection, verification, assessment.
Re-inspection, verification, assessment time frame the same as the time limit for inspection, verification, assessment. Fifth section traffic accident finds book 45th article police organ traffic management sector after survey Hou, should according to party of behavior on occurred traffic accident by up of role and fault of serious degree, determine party of responsibility: (a) for party party of fault led to traffic accident of, bear all responsibility; party escape, caused site changes, and evidence out lost, police organ traffic management sector cannot check traffic accident facts of, escape of party bear all responsibility; party deliberately damage, and forged site, and
Destruction evidence of, bear all responsibility; (ii) for two party or two party above party of fault occurred traffic accident of, according to its behavior on accident occurred of role and fault of serious degree, respectively bear main responsibility, and equal responsibility and secondary responsibility; (three) parties are no led to traffic accident of fault, belongs to traffic accident accident of, parties are no responsibility; party party deliberately caused traffic accident of, he party no responsibility. 46th public security organs traffic management through inspection and examination shall survey the scene of traffic accidents within 10th of production certificate of traffic accidents. Traffic accident escape, seized in traffic accident escape and vehicles made in the 10th after traffic accident certificate.
Requires inspection, verification, inspection, verification or re-inspection and verification certificate of results produced within the 5th after a traffic accident.
Except not seized traffic accident escape people, and vehicles of or cannot check traffic accident facts of yiwai, traffic accident finds book should contains Ming following content: (a) traffic accident party, and vehicles, and road and traffic environment of basic situation; (ii) traffic accident of basic facts; (three) traffic accident evidence and the formed reasons of analysis; (four) party led to traffic accident of fault and the responsibility or accident reasons.
Traffic accident report shall be affixed to the public security organs traffic management Special seal for traffic accidents, serve on the parties, and shall inform the parties of the application traffic management departments of public security organs to mediate terms and directly to the people's Court for the right to bring a civil action. 47th article not seized traffic accident escape people and vehicles, traffic accident damage compensation party requirements issued traffic accident finds book of, police organ traffic management sector can in received traffic accident damage compensation party of written application Hou 10th within making traffic accident finds book, contains Ming traffic accident occurred of time, and locations, and victims situation and the survey get of facts, has evidence proved victims has fault of, determine victims of responsibility; no evidence proved victims has fault of, determine victims no responsibility.
Parties and sent to the traffic accident damages.
Unable to verify traffic accident facts, public security organs traffic management Department accident report, set forth the traffic accidents occurred at a time, place, parties and investigating facts, serve on the party.
Sixth chapter punishment implementation of the 48th public security organs traffic management should be based on the People's Republic of China on administrative punishment law and the People's Republic of China on road traffic safety Act and its implementing regulations and other laws and administrative regulations, application of the procedures of public security organs in handling administrative cases and the requirements of road traffic safety violations handler, road traffic safety violations penalties for parties. Withholding of motor vehicle driver's license penalty given to party, detaining one day allowance withholding period one day.
No temporary suspension or revocation of motor vehicle driver's license sanctions, release detained motor vehicle driver's license. 49th major traffic accidents constitute a crime, require revocation of motor vehicle driver's license by the Parties shall, prior to the referral of cases, districts, public security organs traffic management cancelled the decision of motor vehicle driver's license. Public security organs traffic management sector marks have impounded motor vehicle driver's license revoked in traffic accident cases, and traffic manage transmitting notice to motor vehicle driver's license issued by the DMV, issued by the motor vehicle driver's license to remove his motor vehicle driver's license from the DMV.
The suspension of traffic accident escaping holders of motor vehicle driver's license sanctions, by motor vehicle driver's license issued by the DMV will be a lifetime decision shall not re-apply for a motor vehicle driving license record credited to the national public security traffic management information system. 50th article professional transport units six months within occurred II times once death three people above of traffic accident, and units or vehicles driving people on traffic accident bear all responsibility or main responsibility of, professional transport units location of police organ traffic management sector should reported by set district of city police organ traffic management sector approved Hou, made ordered deadline elimination security hidden of decided, ban not elimination security hidden of motor vehicle Shang road driving,
And inform the traffic accident to relevant administrative departments of the people's Government of the territorial and transport units.
51st parties after causing a traffic accident escape or forces a person driving a motor vehicle in contravention of the road traffic safety laws and regulations and safe driving requires driving a motor vehicle traffic accidents caused by motor vehicles, requiring detention punishment, the public security organs shall, in accordance with the procedures of public security organs in handling administrative cases handled, by County and City Public Security Bureau, Public Security Bureau or the equivalent award of public security authorities at the district level.
52nd parties violated provisions of the road traffic safety laws and regulations, major traffic accidents, constitute a crime, criminal responsibility shall be investigated according to law, and public security traffic administrative departments shall, in accordance with the procedures of public security organs in handling criminal cases, the processing time.
Seventh chapter compensation mediation 53rd participate in motor vehicle compulsory third party liability insurance of motor vehicle traffic accidents, compulsory insurance against loss does not exceed the limits of liability, the parties concerned may claim directly to the insurance company or themselves to deal with matters relating to compensation for damage.
54th traffic accident compensation for rights holders, duty uniform request damage compensation of traffic management departments to resolve public security organs, you can receive traffic accident certificate within 10th of public security organs traffic management departments to submit written applications for, the public security organs traffic management should be mediation.
Parties in the application of inspection, verification or disagrees with the determination of traffic accident, police traffic Administration Department shall notify the parties in writing is not mediation. 55th public security organs traffic management departments to resolve traffic accident compensation terms for 10th.
Deaths, from the date of the end of the specified time required for funeral started causing injuries, starting from the date of the end of treatment; disability due to injury, starting from the date of disability caused property losses, starting from the date the loss. Public security organs traffic management departments and parties agree the time and place of mediation, and mediation by 3rd parties. Oral notice shall be entered into the mediation records.
Mediation participants for any reason fails to participate in the mediation, shall one day before the scheduled mediation hours notify the host's traffic police, a request for a change the time.
56th major traffic accident mediation participants include: (a) parties and their agents of traffic accidents, (ii) traffic accident vehicle owners or managers, (iii) public security organs traffic management Department felt the need to participate in others. Proxy shall be signed or sealed by the power of Attorney issued by the delegate.
Power of attorney shall set forth the matters entrusted and the permissions.
When participating in mediation a party must not exceed three. 57th public security organs traffic management departments shall appoint two members of the traffic police mediation.
Taken an open approach to mediation, mediation should be announced in advance, mediation allows to listen in, but the request will not be made public except where the parties. 58th mediation over a traffic accident compensation disputes, according to the following procedures: (a) introduced the basic situation of traffic accidents, (ii) read out a traffic accident certificate (iii) analyze the behavior of the parties on the occurrence of traffic accidents and the severity of the fault, and education of the parties;
(D) according to traffic accident certificate of identification of the party responsible as well as the People's Republic of China Law on road traffic safety provisions of 76th, identify parties liable for the damage compensation liability (v) calculate the total compensation for personal injury and property damage, determine each party's share of the. Causing bodily harm, according to the Supreme People's Court on several issues concerning the trial of personal injury compensation cases for legal interpretation of the provisions of the compensation projects and standards.
Repair expense, reimburse costs based on the actual value or assessment agency assessment calculations; (vi) determine the compensation.
For damages caused by traffic accidents, according to the principles of fair, reasonable and voluntary mediation.
59th reached an agreement through mediation, the public security organs traffic management Department of mediation, the parties signed, are sent to the parties.
The conciliation statement shall include the following: (a) summary and losses of the traffic accident; (b) the liability of the parties, and (iii) the project and the amount of damages and (iv) the voluntary consensus of opinion (v) compensation and duration (vi) mediation end date.
Compensable transfer of payment by the parties themselves, the parties request transmitted by the traffic police, traffic police can be transferred to, and note on the mediation.
After mediation failed to reach agreement, the public security organs traffic management departments should make end mediation to the parties, mediation ends shall set forth the reasons for failed to reach agreement.
After the commencement of mediation and compensation obligations are not fulfilled, the parties may bring a civil action.
60th party without due cause not to participate in the mediation or mediation in the process of giving up, the public security organs traffic management authorities should end the mediation.
The eighth chapter handling foreign-related traffic accidents outside the territory of the 61st for people coming to China, vehicle accidents, except in accordance with these provisions, but should also be in accordance with the relevant laws and regulations in handling foreign-related cases.
Public security organs traffic management departments dealing with foreign people coming to China to traffic accidents, vehicles, should be our law and regulations of the parties in dealing with traffic accidents in the right and the duty to inform the parties.
62nd outside the temporary traffic accident occurs for people coming to China and take full responsibility or primary responsibility, public security traffic Administrative Department shall inform the right holder can bring a traffic accident damages put forward requests for protective measures before action is taken. Foreigners who enjoy diplomatic privileges and immunities article 63rd traffic accidents, traffic police thought should be given to withholding or revocation of motor vehicle driver's license sanctions, and to detain the motor vehicle driver's license. Need vehicle inspection, verification, public security organs traffic management departments should be returned immediately after the inspection, verification; it does not agree to inspection, verification, record, should not force inspection and verification.
Need to investigate foreigners who enjoy diplomatic privileges and immunities, interviews himself is not under investigation, on the record.
Public security organs traffic management departments should be based on the evidence gathered, making traffic accidents written determination to the parties, the parties refuse to accept, through diplomatic channels, transmitted to their bodies.
64th traffic management departments of public security organs to deal with diplomatic privileges and immunities of foreigner deaths in traffic accidents, should his or her identity, documents and the accident consequences, damage and other basic information on record, and rapid escalation of the situation into a provincial foreign affairs departments and public security and foreign affairs departments of the State Council.
65th international mediation of a traffic accident, unilateral mediation can be used.
Payment can be transferred to the mutual agreement of traffic police.
Other provisions of chapter Nineth 66th Inspector of Department of public security organs may, in accordance with the public security organs traffic management and traffic police to deal with traffic accidents, supervise, investigate and punish illegal disciplinary problems.
Superior public security organs traffic management to subordinate public security organs traffic management departments supervise traffic accidents, errors found should be corrected in a timely manner. 67th police traffic management and traffic police should enforce the law impartially.
Traffic police in violation of these provisions, shall be given administrative sanctions in violation of the provisions of the public security organs traffic management sector, the Unit Manager and other persons directly responsible shall be given administrative sanctions. 68th in accordance with the regulations on the handling of administrative procedures of public security organs, the traffic police or police inspections, appraisers need to avoid by this decision-level public security organs traffic management department head.
Public security organs traffic management department heads need to be avoided, by the head of the public security organ or the head of the public security organs traffic management decided at a higher level.
Application for withdrawal against the party, the public security organs traffic management departments should take a decision in the 2nd, and notify the applicant accordingly.
69th, review traffic accident cases before the people's courts, people's procuratorates, and needs related to public security organs traffic management with evidence, the public security organs traffic management Department received certiorari after the letter, or according to the timelines in the 3rd, original traffic accident investigation materials handed over to the people's Court or Procuratorate. 70th army, the armed police force personnel, vehicle accidents, in accordance with the regulations.
Need criminal, administrative punishment for servicemen, and transferred to the relevant departments of the army, the armed police force. 71st major traffic accident deaths identity cannot be confirmed, the public security organs traffic management Department shall deliver the relevant departments keep their compensation.
Damages upon confirmation of rights holders, the relevant government departments to deliver compensation to damage compensation rights. 72nd this model provides legal instruments, in accordance with existing regulations, rules and related standards. Agreement of the parties recorded traffic accidents, by the provincial public security organs traffic management departments in consultation with the relevant departments to develop model print sent the owner of the vehicle onboard.
Without provisions of the model agreement of the parties, can be written on its own. 73rd except as related to State secrets, business secrets or personal privacy, as well as request of the parties and witnesses confidential content, the parties and their agents after receiving the certificate of traffic accidents, you can check out, copies of or excerpts from public security organs traffic management departments deal with evidence of a traffic accident.
Public security organs traffic management departments to the parties copies of materials shall be affixed to public security traffic Administrative Department of traffic accident processing.
The tenth chapter supplementary articles article 74th in these provisions, the following terms mean: (a) "traffic accident escape" refers to the occurrence of traffic accidents, traffic accidents to avoid legal action by the parties, driving vehicles or abandoned vehicles fled the scene of traffic accident.
(B) mentioned in the present provisions of the "day", "2nd", "3rd", "5th", "10th" and "20th" refers to working days, excluding holidays. (C) "County (more) public security organs traffic management" refers to the County (or more) public security organs traffic management or equivalent of the traffic Administrative Department of public security authorities at the same level. "District of the municipal public security traffic Administrative Department" refers to the districts of city public security organs traffic management department or the equivalent of the traffic Administrative Department of public security authorities at the same level.
"The districts of city public security organs", refers to the districts of city public security organs or the equivalent of the public security organs at the same level. 75th these provisions come into force on May 1, 2004. Released on August 10, 1992, of the road traffic accident disposal procedure (the Ministry of public security, 10th) repealed simultaneously.
Before April 30, 2004, issued by the Ministry of public security, other provisions are inconsistent with this provision, is subject to this provision. Annex: 1 certificate of traffic accident, accident report 2, annex 1 = (Edition size: 100x150 mm) ┌----------------------------------------------┐│││ (printed here public security organs traffic management Department) │
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│ │ │ │ │
│ │ 任 │ │ │
│ │ │ │ │
│ │ 及 │ │ │
│ │ │ │ │
│ │ 调 │ │ │
│ │ │
│ │
│ │ 解 │当事人签名： │ │
│ │ │ │ │
│ │ 结 │ ____________ ____________ │ │ │ │ │ │ │
│ │ 果 │ （公安机关交通管理部门印章） │ │
│ │ │交通警察： （签名或盖章） │ │
│ │ │ ──── 年 月 日 │ │
│ └──┴──────────────────────────┘ │
│ │
└───────────────────────────────────┘
=tbl/>
注：事故认定书存档一份，
Deliver one copy each of the parties. 附件2
=
（版心尺寸：156×225毫米）
┌───────────────────────────────────┐
│ │
│ （此处印制公安机关交通管理部门名称） │
│ │
│ 交 通 事 故 认 定 书 │
│ │
│ （此处填写文书编号） │
├───────────────────────────────────┤
│ 交通事故发生时间、地点、天气： │
│ │
│ │
│ │
├───────────────────────────────────┤
│ 当事方基本情况； │
│ │
│ │
│ │
│ │
├───────────────────────────────────┤
│ 交通事故基本事实： │
│ │
│ │
│ │
│ │
│ │
│ │
├───────────────────────────────────┤
│ 交通事故形成原因及当事人责任或者意外原因： │
│ │
│ │
│ │
│ │
│ │
│ │
│ 当事人签名： │
│ ───── ───── │
│ │
│ │
│ 交通警察：（签名或盖章） │
│ │
│ ───── ───── │
│ │
│ （公安机关交通管理部门印章） │
│ │
│ │ └ Date----------------------------------------------┘ =tbl/> Note: traffic accident identification filed a report, and served on the parties. (This instrument is not limited to one page.
）
