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Interim Provisions On The Traffic Accident Responsibility Determination In Harbin City

Original Language Title: 哈尔滨市交通事故责任认定暂行规定

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(Summit of the 52th ordinary meeting of the Government of the city of Harama, 21 March 2006 to consider the adoption of the Decree No. 145 of 30 March 2006 of the People's Government Order No. 145 of 30 March 2006 on 1 May 2006)

Article 1 protects the legitimate rights and interests of the parties in accordance with the provisions of the Law on Road Traffic Safety of the People's Republic of China, the Regulations on the Safety of Road Traffic in the People's Republic of China and the Ministry of Public Safety's Traffic accident handling procedures, in conjunction with the provisions of this city.
Article 2
Article 3. The responsibility for a traffic accident is determined that the principles of openness, equity, justice, people and efficiency should be upheld.
Article IV. The public security authority is the competent authority determined by the responsibility for a traffic accident.
Transport management in the city, district (market) public security authorities is responsible for the day-to-day work determined by the responsibility for transport accidents.
Article 5 traffic accidents on the road only result in minor property losses, and the underlying fact is clear that the parties have no dispute over the facts and causes of the accident and shall immediately withdraw from the site, place, weather, the names of the parties, motor vehicle vouchers, contact means, motor vehicle vouchers, insurance vouchers, traffic accident patterns, collisions, liability holders, etc., and that, after the signing of the common agreement, the amount of compensation and the form of compensation.
Article 6. Transport management of the public security authority shall determine the responsibility of the parties for transportation accidents, in accordance with the extent of the role and error of the parties' conduct.
The responsibility of the parties to a traffic accident is divided into all responsibilities, primary responsibility, equal responsibilities, secondary responsibility and responsibility.
Article 7. The parties to a traffic accident have the following conditions and the full responsibility for the accident:
(i) The party has a traffic offence or error, and the other party has no traffic offence or error;
(ii) The intentional destruction of the parties, the falsification of the ground and the destruction of evidence;
(iii) The intention of a party to cause a traffic accident;
(iv) Including traffic accidents by single parties;
(v) The driver's vehicle destroys the perpetrator of the attack or a person who has been exposed to the law in the context of the human trajectory;
(vi) In the context of the movement of motor vehicles into non-modile vehicles or non-modile vehicles, the impact of the strike is directed towards non-mobile vehicles under the law;
(vii) Driver vehicles do not circumvent police vehicles, firefighting vehicles, ambulances, engineering ambulances;
(viii) A motor vehicle remains and a transport accident is triggered;
(ix) In violation of the provisions of the load, a traffic accident;
(x) To trigger traffic accidents when driving motor vehicles fall;
(xi) Transport accidents arising from the manufacturer, the switch to the inspiration of the defect;
(xii) Drivers of road segregation facilities causing traffic accidents;
(xiii) The crossing of motor vehicles has been used to prohibit traffic accidents resulting from the crossing of roads;
(xiv) The fact that a party's driver of a vehicle after a traffic accident cannot be ascertained;
(xv) The non-acceptance of the vehicle driver's investigation by the public security authorities within two hours after the accident;
(xvi) Absorption and ablution of traffic accidents;
(XVII) To follow the impact of the former vehicle terminal;
(xviii) No traffic accidents as prescribed by the opening of the car doors and the vehicle booths;
(xix) No gates or unconsisted livestock causing traffic accidents at the time of spoiling livestock;
(20) The vehicle will give any part of the body to the vehicle and cause a traffic accident.
The parties have one of the provisions of subparagraphs (xiii) to (xx) above this article, indicating that the conduct of the party has an effect on the accident and that the parties have the primary responsibility for the accident.
Both parties have the same conditions as the same responsibility for the accident.
Article 8. Transport accidents are one of the following cases and do not determine the parties' liability for accidents:
(i) There is no evidence that the parties have transport offences or mistakes;
(ii) Transport accidents.
Article 9, within the time of the misconception of a traffic accident, determines the responsibility of the parties whose written summons have no reason to reject the case.
(i) The underlying facts of the traffic accidents are clear that the responsibility is determined on the basis of the surface footprint and other evidence, and that the responsibility for transport accidents should be determined in a timely manner;
(ii) The full responsibility or primary responsibility for an accident may be presumed to be owed by a party less than in the case, on the basis of the signs of the location of a traffic accident and other evidence, which may be presumed to be the same responsibility as an accident.
Article 10. When a traffic accident occurs, the parties do not immediately park the protection site, the condition of a report, or the absence of a report, rendering the underlying facts of the accident unchecked and assume responsibility for the accident under the following provisions:
(i) The parties of one party bear the full responsibility;
(ii) The parties have a common responsibility for the above-mentioned conduct, but the motor vehicle and a non-motive vehicle, a traffic accident by a motor vehicle, with the primary responsibility for the accident.
Article 11 distinguishes the conduct of a party from category A, B, C, D, according to the extent of the error in a transport accident, with a sub-categories of 1, 0.75, 0.5, 0.25, and determines the liability for an accident based on the total and proportion of the parties.
The conduct of one party is different, and the conduct of the other party has no subordination and the responsibility of the party to the accident.
On the other side, the parties have the primary responsibility for the accident and the other side.
Both parties have the same value and the same or the parties have fled for all, and the parties have the same responsibility for accidents.
Article 12: The following acts are category A, with a sub-categories:
(i) Forced movement in violation of traffic control provisions;
(ii) No traffic under the direction of the transport police and traffic signals;
(iii) Mobile vehicles violate the prohibition, instructions, road safety traffic symbols and traffic routes;
(iv) Removal;
(v) In violation of the requirements of vehicle concessions;
(vi) The motor vehicle does not change the vehicle by making provision;
(vii) The vehicle used by the borrowing route does not allow the vehicle or the driver to walk out;
(viii) The movement of vehicles, first-hand vehicles and vehicles that do not allow normal passage on the road;
(ix) The motor vehicle does not provide for a vehicle, a workshop and abundance;
(x) The motor vehicle reaches more than 50 per cent of the required time;
(xi) No parking and commuting on highway, as prescribed;
(xii) A test vehicle at a highway or a driving vehicle;
(xiii) Abrupt abduction of non-motive vehicles;
(xiv) Beachers cross road segregation facilities or cars, forced cars and search vehicles;
(xv) The rift of motor vehicles and, at the close of the vehicle, abruptly, retrogression and return;
(xvi) The driving vehicle does not pay attention to the observation (notes by the author: the word is left behind and the right-by-speaking words);
(XVII) Driving motor vehicles without taking the necessary disposal measures in emergencies;
(xviii) Few vehicles and other vehicles;
(xix) Advertising road construction without authorization, crossing of additional linear facilities across roads or engaging in non-transport activities without consent;
(20) Explore, occupation of road construction without providing for safety warning signs and protection measures;
(xxi) Explore and occupies of road construction without immediate removal of the barriers on the road and removal of the security hidden.
The following Article 13 acts are Category B, with a sub-category of 0.75:
(i) motor vehicles are not allowed to be transported at the intervals on the basis of the provision of a vehicle trail or the road on which no vehicles are divided;
(ii) The driving of their own vehicles, electric motorcycles, and three trucks were not carried out at the time of the road;
(iii) motor vehicles are not allowed to enter or leave highway as prescribed;
(iv) The motor vehicle is moving on the highway, the line of the garbage, or in emergency situations, on the roadside;
(v) Diseases that impede safe driving vehicles or the excessive fatigue still driving vehicles;
(vi) Drivering non-moile vehicles to pursue each other, to accompanie, to accommodating and moving to a vehicle;
(vii) Carol chewing;
(viii) The motor vehicle does not provide for the delivery of ultra-removable items or dangerous items such as flammable, bleaching and radio.
Article 14 states that:
(i) The driving vehicle after analytic;
(ii) No driving vehicle;
(iii) Psychological medicines used in national control or driving vehicles after narcotic drugs;
(iv) The driver does not receive alcohol, mental medicines under State control and narcotic drugs at the request of the transport management of public security authorities;
(v) After a failure on the road or accident, a warning mark is not established or the use of a warning light is not specified;
(vi) Drinking the road to beached and the mobile vehicles that have been reported to have been removed;
(vii) The loss of human life caused by the breach of the provision of a motor vehicle;
(viii) The damage caused by road passenger vehicles in violation of the provision of delivery;
(ix) The damage caused by the damage caused by the cranes;
(x) The exclusion of the provision of the vehicle;
(xi) Mobile vehicles do not provide for the use of remote light lights, pre-empts, outlines, post lights, fuses and risk alert lights;
(xii) Drivering light devices in night or low-seeking climate conditions are safely hidden, rain-day fires are safely hidden motor vehicles;
(xiii) Drivers, switches, etc., with safely hidden motor vehicles;
(xiv) Driving mobile wheelchairs of persons with disabilities, and saving their own vehicles;
(xv) The motor vehicle reaches more than 50 per cent of the required time;
(xvi) To carry out their own vehicles on the road, their own vehicles and the use of ablution tools;
(17) Beaching a motor vehicle on the road;
(xviii) The driving of non-modile vehicles away from hiding, in the hands, and at the same time;
(xix) Non-modile vehicles are not made available under the terms of the right to road, either on the basis of a provision for road traffic or on the road that does not demarcate them;
(20) Non-modile vehicles have not been able to circumvent them on the way they are confused with them;
(xx) Access to highway;
(xii) The traffic accidents caused by the vehicle's failure to make provision and under-modile vehicles;
(20 ter) Carols for motor vehicles;
(xiv) The driving vehicle has been allocated to obstruction of safe driving, such as telephone calls, visual television.
Article 15: The following acts are Category D, with a sub-category of 0.25:
(i) The driving vehicle after drinking;
(ii) Drivers that are still driving motor vehicles beyond the effective period;
(iii) The loss, destruction, detention by law and default by law, and the default of the offence at 12 continuing to drive motor vehicles;
(iv) Drivers are not required to participate in the screening of motor vehicles;
(v) To study motor vehicles in violation of provisions on the road;
(vi) Violations of provisions for driving vehicles during interns;
(vii) The motor vehicle has not been registered under the law or has not been accessed to the temporary plate;
(viii) No security technical test is carried out by motor vehicles as prescribed;
(ix) Be less than the required rate at the time of the highway;
(x) The time and route of the ban;
(xi) Mobile vehicles are in violation of the provisions of suspension and temporary suspension;
(xii) The garage of motor vehicles in the area of poles and trajectory;
(xiii) More than 30 per cent of the authorized quality of freight vehicles;
(xiv) More than 20 per cent of the authorized number of road passenger vehicles;
(xviii) Instructions and aircrews at the time of the bush;
(xvi) Road conservation vehicles, engineering vehicles, water spraying and cleaning vehicles are not operating in accordance with safety operating standards;
(17) The driving motor vehicle has impacted the safety driving of the cargo at the vehicle;
(xviii) Carrying non-mobil vehicles;
(xix) The electric vehicles, fuel aid vehicles, mobile chairs of persons with disabilities are not registered under the law;
(20) Self-cycles, three trucks plus power devices;
(xxi) Non-moile vehicles do not affect safe driving as prescribed;
(xii) Non-modile vehicle escorts, which have crossed the line park, causing accidents;
(20 ter) Non-modile vehicles were stopped at motor vehicles;
(24) Not to provide for driving livestock vehicles;
(25) Drivers, three trucks or driving electric vehicles under 16 years of age, mobile chairs of persons with disabilities and livestock vehicles;
(xvi) Persons with disabilities driving mobile wheelchairs of disabled persons;
(XXVII) After a failure or accident at a highway, the vehicle's personnel were not rapidly transferred to the right side or to emergency vehicles;
(xviii) Carded, stayed and engaged in non-transport activities within the vehicle;
(29) In the context of 100 metres from the poles and the street facilities, the streets were not removed from the streets and the street facilities;
(XXX) The raison d'être or the absence of a trajectory to the near-roads of 1 m;
(30) Preschool children, persons with mental illnesses, persons with intellectual impairments on the road without guardians, guardians or persons with managerial and protective responsibilities;
(iii) Procedural accidents caused to the road of sub-Saharan items.
At the same time, the parties had more than two acts in subparagraphs (ii), (iii), (iv) of this article, subparagraphs (vii), (viii), (viii) and 2 of subparagraphs (XIX), 25), 266).
Article 16 provides that the transport management of the public safety authority handles cases where the traffic accident is not regulated by the present provision, which may determine the responsibility of the parties for a traffic accident, in accordance with the role of the parties and the gravity of the accident.
Article 17, Traffic accidents cause bodily injury and loss of property, and in addition to the legal compensation of the insurance company, the remainder assumes the corresponding liability in accordance with the parties' sub-accounting for. However, the motor vehicle increased by 10 per cent of the liability of a motor vehicle between a motor vehicle and a non-mobile vehicle driver.
Article 18 Traffic accidents parties who have been suspended after the expiry of their period of time remain in a state of turmoil or lack of awareness, affecting the determination of transport accident responsibility, and the transport management of public safety agencies may notify the parties in writing or their close relatives in civil proceedings before the People's Court, in accordance with the provisions of the traffic accident processing process.
Article 19 parties are entitled to lodge complaints, petitions to the transport management of the public security authorities against the law of a traffic accident and to communicate the results of the investigation to the complainant in writing.
Article 20