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The People's Republic of China Road Traffic Safety Law

Release time:

2019-09-06 10:38

the People's Republic of China Road Traffic Safety Law

 

Decision of the Standing Committee of the National People's Congress on Amending the Road Traffic Safety Law of the People's Republic of China

(Adopted at the 20th Meeting of the Standing Committee of the Eleventh National People's Congress on April 22, 2011, promulgated by Order No. 47 of the President of the the People's Republic of China of the People's Republic of China on April 22, 2011, and effective as of May 1, 2011)

 

Chapter I General Provisions

Chapter II Vehicles and Drivers

Section 1 Motor Vehicles and Non-motor Vehicles

Section 2 Drivers of Motor Vehicles

Chapter III Road Traffic Conditions

Chapter IV Provisions on Road Passage

Section 1 General Provisions

Section 2 Regulations on Passage of Motor Vehicles

Section III Provisions on Passage of Non-motor Vehicles

Section IV Passage Regulations for Pedestrians and Passers on Vehicles

Section 5 Special Provisions for Expressways

Chapter V Handling of Traffic Accidents

Chapter VI Supervision of Law Enforcement

Chapter VII Legal Liability

Chapter VIII Supplementary Provisions

 

It is decided at the 20th Meeting of the Standing Committee of the Eleventh National People's Congress to amend the Road Traffic Safety Law of the People's Republic of China as follows:

The 1. amended Article 91 to read: "Anyone who drives a motor vehicle after drinking alcohol shall be temporarily detained for six months and a fine of not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol shall be detained for not more than 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and their motor vehicle driving license shall be revoked.

"Anyone who drives a motor vehicle while drunk shall be restrained by the traffic management department of the public security organ until he is drunk, the motor vehicle driving license shall be revoked, and criminal responsibility shall be investigated in accordance with the law; the motor vehicle driving license shall not be re-obtained within five years.

"Whoever drives an operating motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, and his motor vehicle driving license shall be revoked. He shall not obtain a motor vehicle driving license again within five years.

"Those who drive a motor vehicle while drunk shall be restrained by the traffic management department of the public security organ until they wake up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with the law; they shall not re-obtain a motor vehicle driver's license within ten years, and after re-obtaining a motor vehicle driver's license, they shall not drive Operating motor vehicles.

"If a major traffic accident occurs after drinking or driving a motor vehicle while drunk, which constitutes a crime, criminal responsibility shall be investigated according to law, and the motor vehicle driving license shall be revoked by the traffic management department of the public security organ, and the motor vehicle driving license shall not be re-obtained for life."

The 2. amends the first paragraph of Article 96 to read: "Whoever forges, alters, or uses a forged or altered motor vehicle registration certificate, number plate, driving license, or driving license shall be confiscated by the traffic management department of the public security organ and detained The motor vehicle shall be detained for not more than 15 days and fined not less than 2,000 yuan but not more than 5,000 yuan; if a crime is constituted, criminal responsibility shall be investigated according to law.

"Whoever forges, alters or uses forged or altered inspection marks or insurance marks shall be confiscated by the traffic administrative department of the public security organ, detained the motor vehicle, detained for not more than 10 days, and fined not less than 1000 yuan but not more than 3000 yuan; if a crime is constituted, criminal responsibility shall be investigated according to law.

"Anyone who uses the motor vehicle registration certificate, number plate, driving license, inspection pass mark, or insurance mark of other vehicles shall be confiscated by the traffic management department of the public security organ, the motor vehicle shall be detained, and a fine of not less than 2,000 yuan but not more than 5,000 yuan shall be imposed."

The second paragraph of the original Article 96 shall be taken as the fourth paragraph.

3. This Decision shall come into force as of May 1, 2011.

The Road Traffic Safety Law of the People's Republic of China shall be amended accordingly in accordance with this Decision and re-promulgated.

 

the People's Republic of China Road Traffic Safety Law

(Adopted at the fifth meeting of the Standing Committee of the Tenth National People's Congress on October 28, 2003, amended for the first time in accordance with the Decision on Amending the Road Traffic Safety Law of the People's Republic of China adopted at the 31st meeting of the Standing Committee of the Tenth National People's Congress on December 29, 2007, and amended for the second time in accordance with the Decision on Amending the Road Traffic Safety Law of the People's Republic of China adopted at the 20th meeting of the Standing Committee of the Eleventh National People's Congress on April 22, 2011)

 

Chapter I General Provisions

 

Article 1 This Law is enacted for the purpose of maintaining road traffic order, preventing and reducing traffic accidents, protecting personal safety, protecting the property safety and other lawful rights and interests of citizens, legal persons and other organizations, and improving traffic efficiency.

Article 2 Vehicle drivers, pedestrians, passengers and units and individuals related to road traffic activities within the territory of the People's Republic of China shall abide by this Law.

Article 3 The work of road traffic safety shall follow the principle of management according to law and convenience for the masses, so as to ensure the orderly, safe and smooth road traffic.

Article 4 People's governments at all levels shall ensure that the administration of road traffic safety is compatible with economic construction and social development.

Local people's governments at or above the county level shall adapt to the needs of road traffic development, formulate road traffic safety management plans in accordance with road traffic safety laws, regulations and relevant national policies, and organize their implementation.

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

The transportation and construction management departments of the people's governments at or above the county level shall, according to their respective functions and duties, be responsible for the relevant road traffic work.

Article 6 People's governments at all levels shall conduct regular road traffic safety education to raise citizens' awareness of road traffic safety.

When performing their duties, the traffic management department of the public security organ and its traffic police shall strengthen the publicity of road traffic safety laws and regulations, and model compliance with road traffic safety laws and regulations.

Government organs, armed forces, enterprises, institutions, social organizations and other organizations shall educate their personnel on road traffic safety.

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

The press, publishing, radio, television and other relevant units have the obligation to conduct road traffic safety education.

Article 7 With regard to the management of road traffic safety, scientific research shall be strengthened, and advanced management methods, technologies and equipment shall be popularized and used.

 

Chapter II Vehicles and Drivers

 

Section 1 Motor Vehicles and Non-motor Vehicles

Article 8 The State applies a registration system to motor vehicles. A motor vehicle may run on the road only after it has been registered by the traffic administrative department of the public security organ. A motor vehicle that has not yet been registered and needs to be temporarily driven on the road shall obtain a temporary pass.

Article 9 To apply for motor vehicle registration, the following certificates and vouchers shall be submitted:

Identification of the owner of the (I) motor vehicle;

Proof of the origin of the (II) motor vehicle;

(III) the certificate of conformity of the whole motor vehicle or the import certificate of the imported motor vehicle;

Tax payment certificate or tax exemption certificate for (IV) vehicle purchase tax;

(V) other certificates and vouchers that shall be submitted at the time of motor vehicle registration as required by laws and administrative regulations.

The traffic administrative department of the public security organ shall complete the examination of motor vehicle registration within five working days from the date of acceptance of the application, and shall issue a motor vehicle registration certificate, number plate and driving license if it meets the conditions specified in the preceding paragraph; if it does not meet the conditions specified in the preceding paragraph, it shall explain to the applicant the reasons for not registering.

No unit or individual other than the traffic administrative department of the public security organ may issue motor vehicle license plates or require motor vehicles to hang other license plates, unless otherwise provided for in this Law.

The format of motor vehicle registration certificates, number plates and driving permits shall be prescribed and supervised by the public security department under the State Council.

Article 10 A motor vehicle approved for registration shall meet the national safety technical standards for motor vehicles. When applying for motor vehicle registration, it shall accept the safety technical inspection of the motor vehicle. However, the motor vehicle model produced by the enterprise recognized by the national motor vehicle product department in accordance with the national motor vehicle safety technical standards, the new vehicle model of the model meets the national motor vehicle safety technical standards after inspection at the factory, and the inspection certificate is exempted Safety technical inspection.

Article 11 When driving a motor vehicle on the road, the motor vehicle number plate shall be hung, the inspection mark and insurance mark shall be placed, and the motor vehicle driving license shall be carried with the vehicle.

Motor vehicle license plates shall be hung and kept clear and complete in accordance with the regulations, and shall not be intentionally covered or defaced.

No unit or individual may seize or detain motor vehicle license plates.

Article 12 Under any of the following circumstances, the corresponding registration shall be made:

The ownership of the (I) motor vehicle is transferred;

(II) changes in the contents of motor vehicle registration;

(III) motor vehicles as collateral;

(IV) motor vehicle scrapped.

Article 13 For motor vehicles that run on the road after registration, safety technical inspections shall be regularly carried out in accordance with the provisions of laws and administrative regulations, according to the use of the vehicle, the number of passengers and goods carried, and the service life. Where a motor vehicle driving license and a compulsory insurance policy for third party liability of motor vehicles are provided, the motor vehicle safety technical inspection institution shall inspect it, and no unit shall attach other conditions. For motor vehicles that meet the national safety technical standards, the traffic management department of the public security organ shall issue inspection marks.

The safety technical inspection of motor vehicles shall be socialized. Specific measures shall be formulated by the State Council.

Where motor vehicle safety technical inspection is socialized, no unit may require motor vehicles to be inspected at designated places.

The traffic management department of the public security organ and the motor vehicle safety technical inspection institution shall not require the motor vehicle to go to the designated place for repair and maintenance.

Motor vehicle safety and technical inspection institutions shall strictly implement the charging standards approved by the competent price department under the State Council when charging fees for motor vehicle inspection.

Article 14 The State implements a compulsory scrapping system for motor vehicles, and stipulates different scrapping standards according to the safety and technical conditions and different uses of motor vehicles.

Motor vehicles that should be scrapped must be registered for cancellation in a timely manner.

Motor vehicles that meet the scrapping standards are not allowed to run on the road. Scrapped large passenger vehicles, trucks and other operating vehicles shall be disintegrated under the supervision of the traffic management department of the public security organ.

Article 15 Police cars, fire engines, ambulances and engineering rescue vehicles shall, in accordance with the provisions, spray signs and install sirens and sign lamps. Other motor vehicles shall not spray, install or use the above-mentioned vehicle-specific or similar sign patterns, sirens or sign lamps.

Police vehicles, fire engines, ambulances and engineering rescue vehicles shall be used in strict accordance with the prescribed purposes and conditions.

Special vehicles for highway supervision and inspection shall be provided with uniform signs and warning lights in accordance with the provisions of the Highway Law.

Article 16 No unit or individual may commit any of the following acts:

(I) assembling a motor vehicle or changing the registered structure, structure or characteristics of a motor vehicle without authorization;

(II) change the motor vehicle model, engine number, frame number or vehicle identification number;

(III) forging, altering or using forged or altered motor vehicle registration certificates, license plates, driving permits, inspection marks and insurance marks;

(IV) use the registration certificate, number plate, driving license, inspection mark and insurance mark of other motor vehicles.

Article 17 The State shall implement a compulsory third party liability insurance system for motor vehicles and establish a social assistance fund for road traffic accidents. Specific measures shall be formulated by the State Council.

Article 18 Non-motor vehicles that should be registered in accordance with the law can only be driven on the road after being registered by the traffic management department of the public security organ.

The types of non-motor vehicles that should be registered according to law shall be prescribed by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the actual local conditions.

The external dimensions, quality, brakes, bells and night reflective devices of non-motor vehicles shall conform to the safety technical standards for non-motor vehicles.

 

Section 2 Drivers of Motor Vehicles

Article 19 To drive a motor vehicle, a motor vehicle driving license shall be obtained according to law.

An application for a motor vehicle driving license shall meet the driving license conditions stipulated by the public security department of the State Council; after passing the examination, the traffic management department of the public security organ shall issue a corresponding type of motor vehicle driving license.

A person who holds an overseas motor vehicle driving license may be issued a Chinese motor vehicle driving license if he meets the driving license conditions stipulated by the public security department of the State Council and passes the examination of the traffic management department of the public security organ.

The driver shall drive the motor vehicle in accordance with the permitted driving type specified in the driving license; when driving a motor vehicle, he shall carry the motor vehicle driving license with him.

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

Article 20 The driving training of motor vehicles shall be socialized, and the competent department of transportation shall implement qualification management for driving training schools and driving training courses. Among them, the specialized tractor driving training schools and driving training courses shall be subject to qualification management by the competent department of agriculture (agricultural machinery).

Driving training schools and driving training classes shall, in strict accordance with the relevant provisions of the State, train trainees in road traffic safety laws, regulations and driving skills to ensure the quality of training.

No state organ or driving training and examination department may hold or participate in holding driving training schools or driving training classes.

Article 21 Before driving a motor vehicle on the road, the driver shall carefully inspect the safety and technical performance of the motor vehicle; he shall not drive a motor vehicle with incomplete safety facilities or parts that do not meet technical standards.

Article 22 Motor vehicle drivers shall abide by the provisions of road traffic safety laws and regulations, and drive safely and in a civilized manner in accordance with operational norms.

Those who drink alcohol, take psychotropic drugs or narcotic drugs under state control, or suffer from diseases that hinder safe driving of motor vehicles, or excessive fatigue affects safe driving, shall not drive motor vehicles.

No one may force, instil or condone drivers to drive motor vehicles in violation of road traffic safety laws and regulations and the requirements for safe driving of motor vehicles.

Article 23 The traffic management department of the public security organ shall, in accordance with the provisions of laws and administrative regulations, regularly verify the motor vehicle driving license.

Article 24 The traffic management department of the public security organ shall implement a cumulative scoring system for motor vehicle drivers who violate road traffic safety laws and regulations, in addition to imposing administrative penalties in accordance with the law. The traffic management department of the public security organ shall detain the motor vehicle driver's license for the motor vehicle driver whose cumulative score reaches the prescribed value, conduct education on road traffic safety laws and regulations, and re-take the test; if the test is passed, the motor vehicle driver's license shall be returned.

For motor vehicle drivers who abide by road traffic safety laws and regulations and have no accumulated points within one year, the examination period of motor vehicle driver's license may be extended. The specific measures shall be formulated by the public security department under the State Council.

 

Chapter III Road Traffic Conditions

 

Article 25 Uniform road traffic signals shall be adopted throughout the country.

Traffic signals include traffic lights, traffic signs, traffic markings and traffic police commands.

The setting of traffic lights, traffic signs and traffic markings shall meet the requirements of road traffic safety and smooth flow and national standards, and shall be clear, eye-catching, accurate and intact.

According to traffic needs, road traffic signals should be added, exchanged and updated in a timely manner. The addition, replacement and renewal of restrictive road traffic signals shall be announced to the public in advance and widely publicized.

Article 26 A traffic signal light consists of a red light, a green light and a yellow light. A red light indicates no traffic, a green light indicates permission, and a yellow light indicates a warning.

Article 27 Warning lights, warning signs or safety protection facilities shall be set up at crossings where a railway crosses a road. Warning signs shall be set up at a certain distance from unguarded railway crossings.

Article 28 No unit or individual may set up, move, occupy or damage traffic lights, traffic signs or traffic markings without authorization.

Trees or other plants planted on both sides of the road and on the isolation belt, billboards, pipelines, etc., shall be kept at a necessary distance from traffic facilities, and shall not block street lights, traffic lights, and traffic signs, shall not hinder the safe sight distance, and shall not affect traffic.

Article 29 the planning, design and construction of roads, parking lots and road supporting facilities shall meet the requirements of road traffic safety and smooth flow, and be adjusted in time according to the traffic demand.

If the traffic management department of the public security organ discovers that there are frequent traffic accidents on the roads that have been put into use, or there are serious traffic safety hazards in parking lots or road supporting facilities, it shall promptly report to the local people's government and put forward suggestions to prevent traffic accidents and eliminate hidden dangers. The local people's government shall make a timely decision to deal with it.

Article 30 in case of road collapse, pit, water damage, uplift and other damage, or damage or loss of traffic facilities such as traffic lights, traffic signs and traffic markings, the maintenance department or management department of the road and traffic facilities shall set up warning signs and repair them in a timely manner.

If the traffic management department of the public security organ discovers that the situation mentioned in the preceding paragraph endangers traffic safety and has not yet set up warning signs, it shall promptly take safety measures to divert traffic, and notify the maintenance department or management department of roads and traffic facilities.

Article 31 Without permission, no unit or individual may occupy roads to engage in non-traffic activities.

Article 32: Due to the need for project construction to occupy or excavate roads, or cross or cross roads to erect or add pipelines and facilities, the consent of the road authority shall be obtained in advance; if traffic safety is affected, the traffic management department of the public security organ shall also be obtained. consent.

The construction operation unit shall carry out construction work within the approved road section and time, and set up obvious safety warning signs at a safe distance from the construction operation site to the direction of the vehicle, and take protective measures; after the construction operation is completed, the obstacles on the road shall be quickly removed, To eliminate potential safety hazards, traffic can be resumed only after passing the acceptance of the road authority and the traffic management department of the public security organ and meeting the traffic requirements.

For construction work roads that do not interrupt traffic, the traffic management department of the public security organ shall strengthen traffic safety supervision and inspection to maintain road traffic order.

Article 33 newly built, rebuilt or expanded public buildings, commercial blocks, residential areas and large (medium) buildings shall be equipped with or added to parking lots; if there are insufficient parking spaces, they shall be rebuilt or expanded in a timely manner; the parking lot that is put into use shall not be stopped or used for other purposes without authorization.

Within the scope of urban roads, the relevant government departments can arrange parking spaces without affecting the passage of pedestrians and vehicles.

Article 34 If there are no pedestrian crossing facilities on the roads in front of schools, kindergartens, hospitals and nursing homes, crosswalks shall be marked and warning signs shall be set up.

Blind sidewalks on major urban roads shall be set up in accordance with planning. The setting of blind roads shall comply with national standards.

 

Chapter IV Provisions on Road Passage

 

Section 1 General Provisions

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

Article 36 if a road is divided into motor vehicle lanes, non-motor vehicle lanes and sidewalks according to road conditions and traffic needs, motor vehicles, non-motor vehicles and pedestrians shall be divided into lanes. If there is no division of motor vehicle lanes, non-motor vehicle lanes and sidewalks, motor vehicles pass in the middle of the road, and non-motor vehicles and pedestrians pass on both sides of the road.

Article 37 Where a road is designated as a special lane, only the prescribed vehicles shall be allowed to pass in the special lane, and other vehicles shall not enter the special lane.

Article 38 Vehicles and pedestrians shall pass in accordance with traffic signals; when there is a traffic police on-site command, they shall pass in accordance with the command of the traffic police; on roads without traffic signals, they shall pass under the principle of ensuring safety and smooth flow.

Article 39 The traffic management department of the public security organ may, according to the specific conditions of the road and traffic flow, take measures to divert, restrict or prohibit the passage of motor vehicles, non-motor vehicles, and pedestrians. In the event of large-scale mass activities, large-scale construction, etc., it is necessary to take measures to restrict traffic, or make decisions directly related to public road traffic activities, and it shall be announced to the public in advance.

Article 40 In the event of natural disasters, adverse weather conditions or major traffic accidents that seriously affect traffic safety, and other measures are difficult to ensure traffic safety, the traffic management department of the public security organ may implement traffic control.

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

 

Section 2 Regulations on Passage of Motor Vehicles

Article 42 When a motor vehicle runs on a road, it shall not exceed the maximum speed indicated on the speed limit sign. Safe speed shall be maintained on road sections without speed limit signs.

When driving at night or on dangerous road sections, and when encountering weather conditions such as sand, hail, rain, snow, fog, and icing, the driving speed should be reduced.

Article 43 For motor vehicles driving in the same lane, the vehicle behind shall maintain a safe distance from the vehicle in front sufficient to take emergency braking measures. Under any of the following circumstances, overtaking shall not be allowed:

(I) the vehicle in front is turning left, turning around, or overtaking;

It is (II) possible to meet the opposite bus;

The vehicle in front of the (III) is a police vehicle, fire engine, ambulance or engineering rescue vehicle for performing emergency tasks;

(IV) passing through railway crossings, intersections, narrow bridges, bends, steep slopes, tunnels, crosswalks, sections with heavy traffic in urban areas, etc., there are no overtaking conditions.

Article 44 When a motor vehicle passes through an intersection, it shall pass in accordance with traffic lights, traffic signs, traffic markings or the command of the traffic police; when passing through an intersection without traffic lights, traffic signs, traffic markings or the command of the traffic police, it shall Slow down and let pedestrians and priority vehicles go first.

Article 45 When a motor vehicle encounters a vehicle in front waiting in line or driving slowly, it shall not overtake or occupy the opposite lane, and shall not be interspersed with waiting vehicles.

At road sections and intersections with reduced lanes, or at intersections without traffic lights, traffic signs, traffic markings, or intersections directed by traffic police, when they encounter parking and waiting in line or driving slowly, motor vehicles shall pass alternately in turn.

Article 46 When a motor vehicle passes through a railway crossing, it shall pass in accordance with the traffic signal or the command of the management personnel; if there is no traffic signal or management personnel, it shall slow down or stop and pass after confirming safety.

Article 47 When a motor vehicle passes a crosswalk, it shall slow down; when a pedestrian is passing a crosswalk, it shall stop and give way.

When a motor vehicle passes through a road without traffic signals, it shall avoid pedestrians crossing the road.

Article 48 The load of a motor vehicle shall conform to the approved load quality, and overloading is strictly prohibited; the length, width and height of the load shall not violate the loading requirements, and the load shall not be spilled or floated.

If a motor vehicle carries an unbreakable article that exceeds the limit and affects traffic safety, it shall drive in accordance with the time, route, and speed specified by the traffic management department of the public security organ, and hang obvious signs. The carriage of non-disintegrable articles that exceed the limit on highways shall be carried in accordance with the provisions of the Highway Law.

Motor vehicles carrying explosives, inflammable and explosive chemicals, highly toxic, radioactive and other dangerous goods shall, with the approval of the public security organ, drive at the designated time, route and speed, hang warning signs and take necessary safety measures.

Article 49 Motor vehicles shall not carry more than the approved number of people, and passenger motor vehicles shall not carry goods in violation of regulations.

Article 50 Freight motor vehicles are prohibited from carrying passengers.

If a freight motor vehicle needs to carry an operator, safety measures to protect the operator shall be set up.

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

Article 52 When a motor vehicle breaks down on the road and needs to be stopped for troubleshooting, the driver shall immediately turn on the hazard warning flasher and move the motor vehicle to a place that does not hinder traffic; if it is difficult to move, the hazard warning flasher shall be continuously turned on, And set up warning signs in the direction of the vehicle to expand the warning distance, and call the police quickly when necessary.

Article 53 Police cars, fire engines, ambulances and engineering rescue vehicles may use sirens and sign lamps when performing emergency tasks; on the premise of ensuring safety, they shall not be restricted by driving routes, driving directions, driving speeds and signal lights, and other vehicles and pedestrians shall give way.

Police cars, fire engines, ambulances and engineering rescue vehicles shall not use sirens and sign lamps when they are not performing emergency tasks, and shall not enjoy the right of priority of passage as stipulated in the preceding paragraph.

Article 54 When road maintenance vehicles and engineering vehicles are operating, their driving routes and directions are not restricted by traffic signs and markings on the premise that the passage of passing vehicles is not affected. Passing vehicles and personnel shall pay attention to avoiding.

Sprinklers, sweepers and other motor vehicles shall operate in accordance with the safety operation standards; under the condition of not affecting the passage of other vehicles, they may not be restricted by the separation of vehicles, but shall not drive in the opposite direction.

Article 55 Tractors shall be prohibited from passing through expressways and roads in central urban areas of large and medium-sized cities. Other roads on which tractors are prohibited shall be prescribed by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in light of the actual local conditions.

On roads where tractors are allowed to pass, tractors may be engaged in freight transport, but may not be used to carry people.

Article 56 Motor vehicles shall be parked at prescribed places. It is forbidden to park motor vehicles on sidewalks; however, parking spaces designated in accordance with the provisions of Article 33 of this Law are excluded.

Temporary parking on the road shall not obstruct the passage of other vehicles and pedestrians.

 

Section III Provisions on Passage of Non-motor Vehicles

Article 57 Driving a non-motorized vehicle on the road shall comply with the relevant traffic safety regulations. Non-motor vehicles should drive in non-motor vehicle lanes; on roads without non-motor vehicle lanes, they should drive on the right side of the roadway.

Article 58 When motorized wheelchair vehicles and electric bicycles for the disabled drive in non-motorized lanes, the maximum speed shall not exceed 15 kilometers per hour.

Article 59 Non-motor vehicles shall be parked at specified places. If there is no parking place, the parking of non-motor vehicles shall not hinder the passage of other vehicles and pedestrians.

Article 60 Tame livestock shall be used in driving an animal-driven vehicle; when driving an animal-driven vehicle across a road, the driver shall get out of the vehicle and lead the livestock; when the driver leaves the vehicle, the livestock shall be tied up.

 

Section IV Passage Regulations for Pedestrians and Passers on Vehicles

Article 61 Pedestrians shall walk in the sidewalk, and if there is no sidewalk, walk by the roadside.

Article 62 Pedestrians passing through an intersection or crossing a road shall take the crosswalk or crossing facilities; passing through a crosswalk with traffic lights shall follow the instructions of the traffic lights; passing through an intersection without traffic lights or crosswalk, or crossing a road at a section without crossing facilities shall pass after confirming safety.

Article 63 Pedestrians shall not cross or lean on road isolation facilities, and shall not pick up vehicles, forcibly block vehicles or commit other acts that hinder road traffic safety.

Article 64: Preschool children, patients with mental illness and persons with intellectual disabilities who cannot recognize or control their own behavior shall be led by their guardians, persons entrusted by their guardians, or persons with management and protection duties.

Blind persons shall use blind rods or other means of guiding the blind when they pass on the road, and vehicles shall avoid the blind.

Article 65 When pedestrians pass through a railway crossing, they shall pass in accordance with the traffic signals or the instructions of the management personnel; if there are no traffic signals and management personnel, they shall pass quickly after confirming that there is no train approaching.

Article 66 Passengers shall not carry inflammable, explosive and other dangerous goods, shall not throw articles outside the vehicle, and shall not have any behavior that affects the safe driving of the driver.

 

Section 5 Special Provisions for Expressways

Article 67 Pedestrians, non-motorized vehicles, tractors, wheeled special mechanical vehicles, articulated passenger cars, full-trailer trailers and other motor vehicles with a designed maximum speed of less than 70 kilometers per hour shall not enter expressways. The maximum speed indicated by the speed limit sign on the highway shall not exceed 120 kilometers per hour.

Article 68 When a motor vehicle breaks down on an expressway, it shall be handled in accordance with the relevant provisions of Article 52 of this law; however, the warning sign shall be set 150 meters away from the direction of the faulty vehicle, and the personnel on the vehicle shall be quickly transferred to the right shoulder or emergency lane, and the police shall be promptly called.

If a motor vehicle breaks down or has a traffic accident on an expressway and cannot run normally, it shall be towed and towed by a rescue vehicle or a wrecker.

Article 69 No unit or individual may intercept and inspect vehicles on expressways, except for the people's police of the public security organs performing emergency official duties according to law.

 

Chapter V Handling of Traffic Accidents

 

Article 70 In the event of a traffic accident on a road, the driver of the vehicle shall stop immediately to protect the scene; if personal injury or death is caused, the driver of the vehicle shall immediately rescue the injured and promptly report to the traffic police on duty or the traffic management department of the public security organ. If the scene is changed due to the rescue of the injured person, the location shall be indicated. Passers, drivers of passing vehicles and pedestrians shall be assisted.

If a traffic accident occurs on the road and no personal injury or death is caused, and the parties concerned have no dispute over the facts and causes, they can immediately evacuate the scene, resume traffic, and negotiate and deal with damages by themselves; if they do not evacuate the scene immediately, they shall promptly report to the traffic police on duty or the traffic management department of the public security organ.

If a traffic accident occurs on the road, causing only minor property losses, and the basic facts are clear, the parties concerned shall first withdraw from the scene and then negotiate.

Article 71 If a vehicle escapes after a traffic accident, the witnesses and other informed persons at the scene of the accident shall report to the traffic management department of the public security organ or the traffic police. If the report is true, the traffic management department of the public security organ shall give rewards.

Article 72 After receiving a traffic accident alarm, the traffic management department of the public security organ shall immediately send traffic police to the scene, first organize the rescue of the injured, and take measures to restore traffic as soon as possible.

The traffic police shall inspect and inspect the scene of the traffic accident and collect evidence; the accident vehicle may be detained for the purpose of collecting evidence, but it shall be properly kept for verification.

The traffic management department of the public security organ shall entrust a special agency to conduct an appraisal of the physical and mental conditions of the parties. The conclusion of the appraisal shall be signed by the appraiser.

Article 73 The traffic management department of the public security organ shall, based on the on-site inspection, inspection, and investigation of the traffic accident and the relevant inspection and appraisal conclusions, make a traffic accident identification letter in a timely manner as evidence for handling traffic accidents. The traffic accident certificate shall set out the basic facts, causes and responsibilities of the parties involved in the traffic accident, and shall be served on the parties.

Article 74 With regard to a dispute over compensation for damages caused by a traffic accident, the parties may request the traffic administrative department of the public security organ to mediate, or directly file a civil lawsuit with the people's court.

After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or fail to perform after the mediation agreement takes effect, the parties may file a civil lawsuit in the people's court.

Article 75 Medical institutions shall rescue the injured in traffic accidents in time, and shall not delay the treatment because the rescue expenses are not paid in time. If the vehicle involved in the accident participates in the compulsory third party liability insurance of the motor vehicle, the insurance company shall pay the rescue expenses within the scope of the liability limit; if the rescue expenses exceed the liability limit, if it fails to participate in the compulsory third party liability insurance of the motor vehicle or escapes after the accident, the road traffic accident social assistance fund shall advance part or all of the rescue expenses in advance, and the road traffic accident social assistance fund management agency shall have the right to recover compensation from the person responsible for the traffic accident.

Article 76 Where a traffic accident of a motor vehicle causes personal injury or death or property loss, the insurance company shall compensate within the limit of liability of the compulsory third party liability insurance for motor vehicles; the insufficient part shall be liable for compensation in accordance with the following provisions:

In the event of a traffic accident between (I) motor vehicles, the party at fault shall bear the liability for compensation; if both parties are at fault, the liability shall be shared in proportion to their respective faults.

(II) a traffic accident occurs between a motor vehicle and a non-motor vehicle driver or pedestrian, if the non-motor vehicle driver or pedestrian is not at fault, the motor vehicle party shall be liable for compensation; if there is evidence to prove that the non-motor vehicle driver or pedestrian is at fault, The liability of the motor vehicle party shall be appropriately reduced according to the degree of fault; if the motor vehicle party is not at fault, it shall bear no more than 10% of the liability for compensation.

The loss of a traffic accident is caused by a non-motor vehicle driver or pedestrian deliberately colliding with a motor vehicle, and the motor vehicle party shall not be liable for compensation.

Article 77 If the traffic control department of the public security organ receives a report of an accident that occurs when a vehicle passes outside a road, it shall refer to the relevant provisions of this Law.

 

Chapter VI Supervision of Law Enforcement

 

Article 78 The traffic management department of the public security organ shall strengthen the management of the traffic police, improve the quality of the traffic police and the level of road traffic management.

The traffic management department of the public security organ shall conduct legal and traffic safety management business training and assessment for the traffic police. Traffic police who fail to pass the examination shall not take up their posts to perform their duties.

Article 79 The traffic management department of the public security organ and its traffic police shall implement road traffic safety management in accordance with statutory powers and procedures, simplify the procedures, and be fair, strict, civilized and efficient.

Article 80 When performing their duties, traffic police shall dress in accordance with regulations, wear people's police signs, hold people's police certificates, maintain a strict police appearance, behave dignified, and command standards.

Article 81 The fees collected for the issuance of licenses and certificates in accordance with this Law shall be strictly implemented in accordance with the charging standards approved by the price department under the State Council, and all of them shall be turned over to the State Treasury.

Article 82 The traffic administrative department of the public security organ shall, in accordance with the provisions of relevant laws and administrative regulations, separate the decision on fines from the collection of fines; all fines collected and illegal income confiscated according to law shall be turned over to the state treasury.

83rd traffic police investigation and handling of road traffic safety violations and traffic accidents, one of the following circumstances, should be avoided:

The (I) is a party to the case or a close relative of the party;

The (II) himself or his near relatives have an interest in the case;

The (III) has other relations with the parties to the case, which may affect the fair handling of the case.

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

The supervision department of the public security organ shall supervise the implementation of laws, regulations and discipline by the traffic management department of the public security organ and its traffic police in accordance with the law.

The traffic administrative department of the public security organ at a higher level shall supervise the law enforcement activities of the traffic administrative department of the public security organ at a lower level.

Article 85 The traffic management department of the public security organ and its traffic police shall consciously accept the supervision of the society and citizens in the performance of their duties.

Any unit or individual has the right to report and accuse the traffic management department of the public security organ and its traffic police of not strictly enforcing the law and violating the law and discipline. The authorities that receive reports or charges shall promptly investigate and deal with them in accordance with their duties.

Article 86 No unit shall issue or disguise a fine target to the traffic management department of the public security organ; the traffic management department of the public security organ shall not use the amount of the fine as the standard for assessing the traffic police.

The traffic management department of the public security organ and its traffic police have the right to refuse to implement the instructions beyond the provisions of laws and regulations, and report to the higher authorities at the same time.

 

Chapter VII Legal Liability

 

Article 87 the traffic administrative department of the public security organ and its traffic police shall promptly correct the illegal acts of road traffic safety.

The traffic administrative department of the public security organ and its traffic police shall punish the illegal acts of road traffic safety according to the facts and the relevant provisions of this law. If the circumstances are minor and do not affect road traffic, the illegal act shall be pointed out and released after verbal warning.

Article 88 The types of penalties for road traffic safety violations include: warnings, fines, temporary suspension or revocation of motor vehicle driving licenses, and detention.

Article 89: Pedestrians, passengers, and non-motor vehicle drivers who violate road traffic safety laws and regulations on road traffic shall be given a warning or a fine of not less than 5 yuan but not more than 50 yuan; non-motor vehicle drivers refuse to accept the fine If it is punished, its non-motor vehicle may be detained.

Article 90 A motor vehicle driver who violates the provisions of road traffic safety laws and regulations on road traffic shall be given a warning or a fine of not less than 20 yuan but not more than 200 yuan. Where this Law provides otherwise, they shall be punished in accordance with the provisions.

Article 91 Whoever drives a motor vehicle after drinking alcohol shall be temporarily detained his motor vehicle driving license for six months and fined not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol shall be detained for not more than 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and their motor vehicle driving license shall be revoked.

Those who drive a motor vehicle while drunk shall be restrained by the traffic management department of the public security organ until they wake up, revoke the motor vehicle driving license, and pursue criminal responsibility in accordance with the law; they shall not re-obtain a motor vehicle driving license within five years.

Whoever drives an operating motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, revoked his motor vehicle driving license, and shall not obtain a motor vehicle driving license again within five years.

Those who drive a motor vehicle while drunk shall be restrained by the traffic management department of the public security organ until they wake up, revoke the motor vehicle driving license, and investigate criminal responsibility in accordance with the law; they shall not re-obtain a motor vehicle driving license within ten years, and after re-obtaining a motor vehicle driving license, they shall not drive Operating motor vehicles.

If a major traffic accident occurs after drinking or driving a motor vehicle while drunk, which constitutes a crime, criminal responsibility shall be investigated according to law, and the motor vehicle driving license shall be revoked by the traffic management department of the public security organ, and the motor vehicle driving license shall not be re-obtained for life.

Article 92 If a highway passenger transport vehicle carries more passengers than the rated passengers, it shall be fined not less than 200 yuan but not more than 500 yuan; if it exceeds the rated passenger 20% or carries goods in violation of regulations, it shall be fined not less than 500 yuan but not more than 2,000 yuan.

If a freight motor vehicle exceeds the approved load quality, it shall be fined not less than 200 yuan but not more than 500 yuan; if it exceeds the approved load quality 30% or carries passengers in violation of regulations, it shall be fined not less than 500 yuan but not more than 2,000 yuan.

If there are acts in the preceding two paragraphs, the traffic management department of the public security organ shall detain the motor vehicle until the illegal state is eliminated.

If the vehicles of a transport unit are under the circumstances specified in the first and second paragraphs of this article and do not change after punishment, the person in charge directly responsible shall be fined not less than 2,000 yuan but not more than 5,000 yuan.

Article 93 Anyone who violates the provisions of road traffic safety laws and regulations on motor vehicle parking or temporary parking may point out the illegal act and give a verbal warning to order him to leave immediately.

If the driver of a motor vehicle is not at the scene or refuses to leave immediately although he is at the scene, which hinders the passage of other vehicles or pedestrians, he shall be fined not less than 20 yuan but not more than 200 yuan, and the motor vehicle may be towed to a place that does not hinder traffic or parked at a place designated by the traffic management department of the public security organ. The traffic administrative department of the public security organ shall not charge the person concerned for the trailer, and shall promptly inform the person concerned of the parking place.

If a motor vehicle is damaged due to incorrect towing methods, it shall be liable for compensation in accordance with the law.

Article 94 If a motor vehicle safety technical inspection institution collects fees for motor vehicle safety technical inspection in excess of the charging standards approved by the competent price department of the State Council, the overcharged fees shall be refunded, and the competent price department shall impose penalties in accordance with the relevant provisions of the the People's Republic of China Price Law.

If a motor vehicle safety technical inspection institution fails to carry out inspection in accordance with the national safety technical standards for motor vehicles and issues false inspection results, the traffic management department of the public security organ shall collect a fine of not less than five times but not more than ten times the inspection fee, and revoke its inspection qualification according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

Article 95: If a motor vehicle driving on the road does not hang a motor vehicle number plate, does not place an inspection pass mark or insurance mark, or does not carry a driving license or driving license with the vehicle, the traffic management department of the public security organ shall detain the motor vehicle and notify The party concerned provides the corresponding license plate, sign or goes through the corresponding procedures, and may be punished in accordance with the provisions of Article 90 of this Law. If the party concerned provides the corresponding license plate, mark or goes through the corresponding formalities, it shall return the motor vehicle in time.

Whoever intentionally obstructs, defaces or fails to install a motor vehicle license plate in accordance with the provisions shall be punished in accordance with the provisions of Article 90 of this Law.

Article 96 Whoever forges, alters or uses a forged or altered motor vehicle registration certificate, number plate, driving license or driving license shall be confiscated by the traffic administrative department of the public security organ, the motor vehicle shall be detained for not more than 15 days, and a fine of not less than 2,000 yuan but not more than 5,000 yuan shall be imposed; if a crime is constituted, criminal responsibility shall be investigated according to law.

Whoever forges, alters or uses forged or altered inspection marks or insurance marks shall be confiscated by the traffic administrative department of the public security organ, the motor vehicle shall be detained for not more than 10 days, and a fine of not less than 1,000 yuan but not more than 3,000 yuan shall be imposed; if a crime is constituted, criminal responsibility shall be investigated according to law.

Those who use the motor vehicle registration certificate, number plate, driving license, inspection mark and insurance mark of other vehicles shall be confiscated by the traffic administrative department of the public security organ, the motor vehicle shall be detained and a fine of not less than 2000 yuan but not more than 5000 yuan shall be imposed.

If the party concerned provides the corresponding legal certificate or goes through the corresponding formalities, the motor vehicle shall be returned in time.

Article 97: Illegal installation of sirens and sign lamps shall be forcibly removed by the traffic management department of the public security organ, confiscated, and fined between two hundred yuan and two thousand yuan.

Article 98 If the owner or manager of a motor vehicle fails to take out compulsory third party liability insurance for motor vehicles in accordance with the provisions of the State, the traffic administrative department of the public security organ shall detain the vehicle until it has been insured in accordance with the provisions, and shall also impose a fine of twice the insurance premium payable in accordance with the minimum liability limit insured in accordance with the provisions.

All fines paid in accordance with the preceding paragraph shall be incorporated into the social assistance fund for road traffic accidents. Specific measures shall be formulated by the State Council.

Article 99 If any of the following acts is committed, the traffic administrative department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan:

(I) driving a motor vehicle without obtaining a motor vehicle driving license, the motor vehicle driving license is revoked, or the motor vehicle driving license is temporarily detained;

(II) handing over a motor vehicle to a person who has not obtained a motor vehicle driving license or whose motor vehicle driving license has been revoked or temporarily detained;

(III) escapes after causing a traffic accident, which does not constitute a crime;

(IV) a motor vehicle driving at a speed exceeding the prescribed speed of 50%;

(V) forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws and regulations and the requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime;

(VI) violate traffic control regulations by force and do not listen to dissuasion;

(VII) intentionally damages, destroys, moves or alters traffic facilities, causing harmful consequences, which does not constitute a crime;

(VIII) illegally intercept or detain motor vehicles, and do not listen to dissuasion, causing serious traffic jams or large property losses.

If the perpetrator has one of the circumstances in items 2 and 4 of the preceding paragraph, his motor vehicle driving license may be revoked; if there is one of the circumstances in items 1, 3, 5 to 8, he may be detained for not more than 15 days.

Article 100 If a motor vehicle that is assembled or has reached the scrapping standard is driven on the road, the traffic management department of the public security organ shall confiscate it and force it to be scrapped.

A driver who drives a motor vehicle listed in the preceding paragraph on the road shall be fined not less than 200 yuan but not more than 2,000 yuan, and his motor vehicle driving license shall be revoked.

Where a motor vehicle that has reached the standard for scrapping is sold, the illegal income shall be confiscated and a fine equal to the amount of the sale shall be imposed, and the motor vehicle shall be disposed of in accordance with the provisions of the first paragraph of this article.

Article 101 Anyone who violates the provisions of road traffic safety laws and regulations and has a major traffic accident, which constitutes a crime, shall be investigated for criminal responsibility according to law, and the motor vehicle driving license shall be revoked by the traffic management department of the public security organ.

If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driving license, and shall not re-obtain the motor vehicle driving license for life.

Article 102 A professional transport unit that is primarily or fully responsible for the occurrence of two or more major traffic accidents within six months shall be ordered by the traffic management department of the public security organ to eliminate potential safety hazards. Motor vehicles that have not eliminated potential safety hazards are prohibited Driving on the road.

Article 103 If the national department in charge of motor vehicle products fails to strictly review in accordance with the national safety technical standards for motor vehicles and permits unqualified motor vehicles to be put into production, the responsible person in charge and other directly responsible persons shall be demoted or dismissed. Administrative sanctions.

If a motor vehicle model produced by a motor vehicle manufacturer with the permission of the national motor vehicle product authority does not implement the national safety technical standards for motor vehicles or does not strictly inspect the quality of finished motor vehicle products, resulting in unqualified motor vehicles leaving the factory for sale, the quality and technical supervision The department shall impose penalties in accordance with the relevant provisions of the the People's Republic of China Product Quality Law.

Whoever produces or sells motor vehicle models without the permission of the competent department of motor vehicle products of the state shall confiscate the finished products and accessories of motor vehicles illegally produced or sold, and may also be fined not less than three times but not more than five times the value of the illegal products; if there is a business license, the administrative department for industry and commerce shall revoke the business license, and if there is no business license, it shall be sealed up.

Whoever produces or sells assembled motor vehicles or produces or sells motor vehicles modified without authorization shall be punished in accordance with the provisions of the third paragraph of this article.

Anyone who commits any of the illegal acts listed in the second, third or fourth paragraphs of this Article, who produces or sells motor vehicles that do not meet the national safety technical standards for motor vehicles, and constitutes a crime, shall be investigated for criminal responsibility according to law.

Article 104 whoever excavates roads, occupies roads for construction or engages in other activities affecting road traffic safety without approval shall be ordered by the competent department of roads to stop the illegal acts and restore them to their original state, and may be fined according to law; those who cause losses to people, vehicles and other property in passing shall be liable for compensation according to law.

If there is an act in the preceding paragraph that affects road traffic safety activities, the traffic management department of the public security organ may order the cessation of the illegal act and the rapid resumption of traffic.

Article 105 Where road construction operations or roads are damaged, warning signs are not set up in time, protective measures are not taken, or traffic lights, traffic signs, and traffic markings should be set up but not set up or should be changed in time. Traffic markings are not changed in time, causing losses to passing personnel, vehicles and other property, the unit with relevant responsibilities shall be liable for compensation according to law.

Article 106 Where trees, other plants or billboards, pipelines, etc. are planted on both sides of the road and on the isolation belt, and street lights, traffic lights, and traffic signs are blocked, and the safe sight distance is obstructed, the traffic management department of the public security organ shall order the perpetrator to remove the obstruction; if he refuses to do so, a fine of not less than 200 yuan but not more than 2,000 yuan shall be imposed, and the obstruction shall be forced to be borne by the perpetrator.

Article 107 If a road traffic offender is given a warning and a fine of less than 200 yuan, the traffic police may make an administrative penalty decision on the spot and issue a written decision on administrative penalty.

The decision on administrative penalty shall contain the facts of the violation of the law, the basis of the administrative penalty, the content, time and place of the penalty and the name of the penalty authority, and shall be signed or sealed by the law enforcement officer.

Article 108 The party concerned shall, within 15 days from the date of receipt of the decision on administrative penalty for the fine, pay the fine at the designated bank.

If the parties concerned have no objection to the fines imposed on pedestrians, passengers and non-motor vehicle drivers, the fines may be collected on the spot.

A fine shall be issued with a fine receipt issued by the financial department of the province, autonomous region or municipality directly under the Central Government; if a fine receipt issued by the financial department is not issued, the party concerned shall have the right to refuse to pay the fine.

Article 109 If a party fails to comply with the decision on administrative penalty within the time limit, the administrative organ that made the decision on administrative penalty may take the following measures:

If the (I) fails to pay the fine at the due date, an additional fine of 3% of the amount of the fine shall be imposed daily;

(II) apply to the people's court for compulsory execution.

Article 110 If the traffic police performing their duties believes that the road traffic violator should be temporarily detained or revoked the motor vehicle driver's license, they may first detain the motor vehicle driver's license and transfer the case to the public security within 24 hours. The traffic management department of the organ handles it.

The person who violates the law on road traffic shall go to the traffic administrative department of the public security organ for handling within 15 days. The motor vehicle driving license shall be revoked if the handling is not accepted within the time limit without justifiable reasons.

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

Article 111 Administrative penalties for detention in violation of the provisions of this Law shall be decided by the county or city public security bureau, public security sub-bureau or public security organ equivalent to the county level.

Article 112 When the traffic management department of the public security organ detains a motor vehicle or a non-motor vehicle, it shall issue a certificate on the spot and inform the party concerned to go to the traffic management department of the public security organ for handling within the prescribed time limit.

The traffic administrative department of the public security organ shall properly keep the detained vehicle and shall not use it.

If they fail to accept the treatment within the time limit and still fail to accept the treatment after three months of announcement, the detained vehicles shall be dealt with according to law.

Article 113 The time limit for temporarily withholding a motor vehicle driver's license shall be calculated from the date when the penalty decision takes effect; if the motor vehicle driver's license is detained before the penalty decision takes effect, one day of detention shall be used to offset the suspension period of one day.

The time limit for reapplying for a motor vehicle driving license after the revocation of the motor vehicle driving license shall be handled in accordance with the regulations on the administration of motor vehicle driving licenses.

Article 114 The traffic management department of the public security organ may, based on the traffic technology monitoring records, punish the owner or manager of the illegal motor vehicle in accordance with the law. Those who can determine the driver may be punished according to the provisions of this law.

115th traffic police have one of the following acts, shall be given administrative sanctions:

(I) issuing motor vehicle registration certificates, license plates, driving permits, and inspection marks for motor vehicles that do not meet the statutory conditions;

The (II) approves the installation and use of sirens and sign lamps of police cars, fire engines, ambulances and engineering rescue vehicles that do not meet the statutory conditions, and spraying sign patterns;

(III) issuing motor vehicle driving licenses to persons who do not meet the conditions for driving permits, who have not taken an examination, or who fail to pass the examination;

(IV) fail to implement the system of separating the decision on fines from the collection of fines or fail to turn over all the fees collected according to law, the fines collected and the illegal income confiscated to the state treasury in accordance with the regulations;

(V) holding or participating in holding business activities such as driving schools or driving training classes, motor vehicle repair shops or fee-paying parking lots;

(VI) taking advantage of his position to accept other people's property or seek other benefits;

(VII) illegally detain vehicles, motor vehicle driving licenses, driving licenses, and vehicle number plates;

(VIII) use of vehicles detained according to law;

(IX) collecting fines on the spot without issuing a fine receipt or failing to truthfully fill in the amount of fines;

(X) engaging in malpractices for personal gain and dealing with traffic accidents unfairly;

(11) deliberately creating difficulties and delaying the processing of motor vehicle license plates;

(12) using sirens and sign lamps when not performing emergency tasks;

(13) in violation of the provisions to intercept, check the normal running of the vehicle;

(14) Intercepting a motor vehicle when not performing emergency official duties;

(15) failing to perform statutory duties.

If the traffic control department of the public security organ commits one of the acts listed in the preceding paragraph, the person in charge directly responsible and other persons directly responsible shall be given corresponding administrative sanctions.

Article 116 Where a traffic policeman is given an administrative sanction in accordance with the provisions of Article 115 of this Law, he may be suspended from performing his duties before the decision on the administrative sanction is made; if necessary, he may be confined.

In accordance with the provisions of Article 115 of this Law, a traffic policeman who is subject to administrative sanctions of demotion or dismissal may be dismissed.

If a traffic policeman is dismissed or dismissed, his police rank shall be canceled; if a traffic policeman is subject to administrative sanctions below dismissal, his police rank shall be reduced.

Article 117 If a traffic police takes advantage of his power to illegally occupy public property, extort or accept bribes, or abuse his power or neglect his duty, which constitutes a crime, he shall be investigated for criminal responsibility according to law.

Article 118 If the traffic administrative department of the public security organ and its traffic police commit any of the acts listed in Article 115 of this Law and cause losses to the parties concerned, they shall be liable for compensation according to law.

 

Chapter VIII Supplementary Provisions

 

Article 119 For the purpose of this Law, the following terms shall have the meanings:

The (I) "road" refers to highways, urban roads and places where social motor vehicles are allowed to pass although they are within the jurisdiction of the unit, including squares, public parking lots and other places used for public passage.

The (II) "vehicle" refers to motor vehicles and non-motor vehicles.

The (III) "motor vehicle" refers to a wheeled vehicle that is driven or towed by a power unit and travels on roads for people to take on or for transporting articles and for special engineering operations.

The (IV) "non-motorized vehicle" refers to vehicles driven by human or animal power and driven on the road, as well as motorized wheelchairs for the disabled that are driven by power plants but whose design maximum speed, empty vehicle quality, and external dimensions meet relevant national standards., Electric bicycles and other vehicles.

(V) "traffic accident" refers to an incident of personal injury or property loss caused by a vehicle on the road due to its fault or accident.

Article 120 The relevant departments of the Chinese People's Liberation Army and the Chinese People's Armed Police Force shall be responsible for the work of compiling motor vehicle license plates, inspecting motor vehicles and assessing motor vehicle drivers in the Chinese People's Liberation Army and the Chinese People's Armed Police Force.

Article 121 For tractors running on roads, the competent department of agriculture (agricultural machinery) shall exercise the administrative functions and powers of the traffic administrative department of the public security organ as stipulated in Articles 8, 9, 13, 19 and 23 of this Law.

The competent departments of agriculture (agricultural machinery) shall, in exercising their functions and powers in accordance with the provisions of the preceding paragraph, abide by the relevant provisions of this Law and accept the supervision of the traffic control department of the public security organ; those who violate the provisions shall be investigated for legal responsibility in accordance with the relevant provisions of this Law.

The motor vehicle license plates issued by the competent department of agriculture (agricultural machinery) before the implementation of this Law shall continue to be valid after the implementation of this Law.

Article 122 The State shall exercise unified control over the road traffic safety of foreign motor vehicles entering the country.

Article 123 The standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government may, in the light of the actual conditions of their respective regions, set specific standards for enforcement within the range of fines prescribed in this Law.

Article 124 This Law shall come into force as of May 1, 2004.

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