China Segment

Law of the People’s Republic of China on Road Traffic Safety
(Adopted at the 5th Meeting of the Standing Committee of the Tenth National People’s Congress on October 28, 2003 and promulgated by Order No.8 of the President of the People’s Republic of China on October 28, 2003)

Chapter II Vehicles and Drivers
Article 18 Non-motor vehicles required for registration according to law shall run on roads only after they are registered with the traffic control departments of the public security organs.
The types of non-motor vehicles required for registration according to law shall be specified by the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government in light of the actual local conditions.

Article 22 A motor vehicle driver shall observe the provisions of the laws and regulations on road traffic safety and, in accordance with the operating instructions, drive the vehicle safely and civilly.
A person who drinks alcohol, or takes psychotropic substances or narcotic drugs which are under State control, or suffers from diseases that prevent him from driving a motor vehicle safely, or cannot drive safely due to over-fatigue shall not drive a motor vehicle.

Article 24 With respect to the violations of the laws and regulations on road traffic safety committed by motor vehicle drivers, traffic control departments of the public security organs shall practise the system of cumulative recording of points, in addition to imposition of administrative punishment on the said drivers according to law. The traffic control department of the public security organ shall suspend the motor vehicle driver’s license of the driver whose accumulated number of the points recorded reaches the specified total, give him instructions in the laws and regulations on road traffic safety and have him take an examination again; and if the driver passes the examination, the driver’s license shall be returned to him.

Chapter III Conditions for Road Passage
Article 29 Roads, parking lots and road supporting facilities shall be planned, designed and constructed in conformity with the requirements of road traffic safety and unimpeded flow of traffic, and shall be readjusted in a timely manner to meet traffic needs.
When the traffic control department of the public security organ discovers that traffic accident occurs frequently in certain sections of a road already open to traffic, or serious hidden troubles endangering traffic safety exist at parking lots or in road supporting facilities, it shall report the matter to the local people’s government without delay, and put forth proposals for prevention of traffic accidents and for removal of the hidden troubles, and the local people’s government shall make a timely decision on how to deal with them.

Article 31 No units or individuals shall, without permission, occupy roads to engage in non-traffic activities.

Chapter IV Provisions on Road Passage
Article 38 Vehicles and pedestrians shall go by traffic lights; where traffic policemen direct traffic on the spot, they shall go by the direction of traffic policemen; and where there are no traffic signals, they shall follow the principles of ensured safety and unimpeded traffic.

Article 44 When passing a road crossing, motor vehicle drivers shall follow the traffic signal lights, traffic signs and traffic line markings, or the direction of traffic police; and when passing a road crossing where there are no traffic signal lights, traffic signs, traffic line markings or direction of traffic police, they shall slow down and let pedestrians and the vehicles enjoying priority pass first.

Article 47 When passing a pedestrian croswalk, the driver shall reduce speed; and when pedestrians are passing the crosswalk, the driver shall stop to give way to the pedestrians.
When pedestrians are crossing a road where there are no traffic signals, the driver shall make way.

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

Article 56 Motor vehicles shall be parked at specified places. They are prohibited from being parked at the sidewalks, except for the parking berths delimited in accordance with the provisions of Article 33 of this Law. (Within the scope of urban streets and on condition that passage of the pedestrians and vehicles are not impeded, the relevant government departments may delimit parking berths.)
Where a motor vehicle is parked on the road temporarily, it shall not impede the passage of other vehicles and pedestrians.

Article 57 When riding a non-motor vehicle on roads, the person shall observe the regulations on traffic safety. Non-motor vehicles shall run in the bicycle lane; and where there is no bicycle lane, they shall run on the right side of the motor vehicle lane.

Article 58 When motor wheelchairs for the disabled and battery-powered bicycles run in the bicycle lane, their maximum speed per hour shall not exceed 15 kilometers.

Article 59 Non-motor vehicles shall be parked at specified areas. Where no such parking areas are delimited, such vehicles shall be parked at places where the passage of other vehicles and pedestrians are not impeded.

Article 61 Pedestrians shall walk on sidewalks or on the side of roads where there are no sidewalks.

Article 62 Where pedestrians pass road crossings or walk across roads, they shall use the crosswalks or overhead (or underground) pedestrian crossings; when passing crosswalks with traffic signal lights, they shall follow the direction of the traffic signal lights; and when passing junctions without traffic signal lights and crosswalks, or walking across roads at the sections without overhead (or underground) crossings, they shall pass only when they are sure of safety.

Article 63 Pedestrians shall not stride over, rest or sit on road isolation facilities, or jump onto vehicles, or forcibly block vehicles, or jeopardize road traffic safety in other ways.

Article 69 No units or individuals shall intercept and inspect vehicles running on expressways, except the people’s police of the public security organs who are performing emergency official duties according to law.

Chapter V Disposition of Traffic Accidents
Article 70 When a traffic accident occurs on the road, the driver shall immediately stop the vehicle and keep the scene intact; and if the accident causes casualties, the driver shall immediately rescue the injured persons, and speedily report to the traffic police on point duty or to the traffic control department of the public security organ. If the scene of the accident is changed due to rescue of the injured persons, the location of the scene shall be marked out clearly. The passengers, drivers of the passing vehicles, and passing pedestrians shall offer help.
Where a traffic accident that occurs on the road does not cause casualties and the parties have no objections to the facts and causes of the accident, they may immediately withdraw from the scene of the accident for restoration of traffic and, through consultation, settle the matters of compensation for damages themselves; and if they do not withdraw from the scene immediately, they shall speedily report to the traffic police on point duty or to the traffic control department of the public security organ.

Article 74 With respect to the dispute that arises over the compensation for damages caused by a traffic accident, the parties may request the traffic control department of the public security organ for mediation, or directly bring a civil suit in a People’s Court.
Where after mediation by the traffic control department of the public security organ, the parties fail to reach an agreement or do not act in accordance with the mediation document after it becomes effective, they may bring a civil suit in a People’s Court.

Article 76 Where motor vehicles are involved in a traffic accident which causes casualties and property losses, the insurance company shall make compensation within the limit of the compulsory third party liability insurance for motor vehicles. Compensation for the part that exceeds the liability limit shall be paid in the following ways:
(1) where a traffic accident occurs between two motor vehicles, the party in fault shall bear the liability; and where both parties are in fault, the liability shall be shared on the basis of the proportion of each party’s fault; and
(2) where a traffic accident occurs between the driver of a motor vehicle and the driver of a non-motor vehicle or a pedestrian, the driver of the motor vehicle shall bear the liability; but if there is evidence which proves that the driver of the non-motor vehicle or the pedestrian violates the laws and regulations on road traffic safety and the driver of the motor vehicle has taken the necessary measures to cope with the situation, the liability to be borne by the motor vehicle driver shall be lightened.
Where the losses in a traffic accident are caused intentionally by the driver of a non-motor vehicle or a pedestrian, the driver of the motor vehicle shall not bear liability.

Chapter VI Supervision of Law Enforcement
Article 78 The traffic control department of the public security organ shall strengthen administration of the traffic police and help enhance their qualifications and raise their level of road traffic administration.
The traffic control department of the public security organ shall, among the traffic police, conduct professional training and appraisal in respect of the legal system and traffic safety administration. Where a traffic policeman fails to pass the appraisal, he shall not take the post to perform his duties.

Article 82 When the traffic control department of the public security organ imposes fines as an administrative punishment, it shall, in accordance with the provisions of relevant laws and administrative regulations, separate the decision on fines from the collection of fines; and the fines collected and unlawful gains confiscated according to law shall be turned over to the State Treasury in full.

Article 85 When performing their duties, the traffic control department of the public security organ and the traffic police shall consciously accept supervision by the community and citizens.
All units and individuals shall have the right to report or complain against the traffic control department of the public security organ and the traffic police for their failure to enforce laws strictly or their violations of laws or rules of discipline. The authority that receives such report or complaint shall, in compliance with its duties, conduct investigation and impose punishment without delay.

Article 86 No unit shall impose, or impose in disguised form, any penalty quota to the traffic control department of the public security organ; and the traffic control department of the public security organ shall not make the amount of fines imposed as the criterion for appraisal of the performance of traffic police.

Chapter VII Legal Responsibility
Article 87 The traffic control department of the public security organ and the traffic police shall, without delay, have the violations of the law on road traffic safety rectified.
The traffic control department of the public security organ and the traffic police shall, on the basis of facts and in accordance with the relevant provisions of this Law, impose punishment on violations of the law on road traffic safety. Where the circumstances are minor as not to impede road passage, they shall point out the violations and let the violators go after giving an oral warning.

Article 88 Punishments for violations of the law on road traffic safety include: disciplinary warning, fine, temporary suspension or revocation of motor vehicle driver’s license, and detention.

Article 89 Where a pedestrian, rider or driver of a non-motor vehicle violates the provisions governing road passage in laws and regulations on road traffic safety, he shall be given a disciplinary warning or be fined not less than RMB 5 yuan but not more than 50 yuan; and if the driver of non-motor vehicle refuses to accept the punishment of a fine, his non-motor vehicle may be distrained.

Article 90 Where the driver of a motor vehicle violates the provisions governing road passage in laws and regulations on road traffic safety, he shall be given a disciplinary warning or be fined not less than 20 yuan but not more than 200 yuan. Where there are other provisions in this Law, the punishment shall be meted out in accordance with those provisions.

Article 91 Where a driver drives a motor vehicle after drinking alcohol, his driver’s license shall be temporarily suspended for not less than one month but not more than three months and he shall, in addition, be fined not less than 200 yuan but not more than 500 yuan; and where a driver drives a motor vehicle after being drunk, he shall be restrained by the traffic control department of the public security organ until he is awake from drunkenness, and he shall be placed in detention for not more than 15 days, his driver’s license temporarily suspended for not less than three months but not more than six months, and he shall, in addition, be fined not less than 500 yuan but not more than 2,000 yuan.
Where a driver commits the acts of driving a motor vehicle while intoxicated, as provided for in the preceding two paragraphs, within one year and was punished twice and more, his motor vehicle driver’s license shall be revoked and he shall not be allowed to drive a commercial motor vehicle within five years.

Article 93 Where a driver violates the provisions governing the parking and temporary parking of motor vehicles, as stipulated in laws or regulations on road traffic safety, the violation may be pointed out, and the driver shall be given an oral warning and instructed to leave the place immediately.
Where the motor vehicle driver is not on the spot or, although on the spot, he refuses to drive away immediately, thus impeding the passage of other vehicles and pedestrians, he shall be fined not less than 20 yuan but not more than 200 yuan, and the vehicle may be towed to a place where it does not impede traffic or to a place designated by the traffic control department of the public security organ. The said department shall charge the party no fees for towing the vehicle and shall, without delay, inform the party of the place where the vehicle parks.

Article 95 Where a motor vehicle running on roads is not hung with its number plate, stuck on with the inspection certificate or the insurance label, or the driver fails to bring along with him the motor vehicle license and the driver’s license, the traffic control department of the public security organ shall distrain the motor vehicle and inform the party of the need to provide the necessary plate, certificate, sticker and label or to go through the formalities to obtain them, and it may impose a punishment in accordance with the provisions of Article 90 of this Law. When the party provides the plate, certificate, sticker and label or has gone through the formalities mentioned, the motor vehicle shall be returned without delay.
Where the number plate of a motor vehicle is purposely covered, stained or damaged or is not installed as required by regulations, a punishment shall be imposed in accordance with the provisions of Article 90 of this Law.

Article 101 Where a serious traffic accident occurs due to violation of the provisions in laws and regulations on road traffic safety, which constitutes a crime, criminal responsibility shall be investigated according to law, and the motor vehicle driver’s license shall be revoked by the traffic control department of the public security organ.
Where a driver escapes after causing a traffic accident, his motor vehicle driver’s license shall be revoked by the traffic control department of the public security organ and he shall not obtain a motor vehicle driver’s license again for the rest of his life.

Article 107 Where a disciplinary warning is to be given to, or a fine of not more than 200 yuan to be imposed on, a violator of road traffic law, the traffic policemen may make the decision on administrative penalty on the spot and produce a written decision on such penalty.
In the written decision on administrative penalty shall clearly be stated the facts of violation by the party, the basis for the administrative penalty, the penalty imposed, the time and place of the penalty, and the name of the authority that imposes the penalty, and the written decision shall be signed or sealed by the law-enforcing person.

Article 108 The party shall, within 15 days from the date he receives the written decision on administrative penalty, pay the fine at the designated bank.
Where the parties have no objections, the fines imposed on pedestrians, passengers and drivers of non-motor vehicles may be collected on the spot.
Where fines are paid, unified receipts for fines, made and distributed by the financial departments of provinces, autonomous regions, and municipalities directly under the Central Government, shall be written out; and in the absence of such receipts, the parties shall have the right to refuse to pay the fines.

Article 114 The traffic control department of the public security organ may, on the basis of the technical traffic monitoring records and in accordance with law, impose a penalty on the owner or manager of the motor vehicle involved in violation of laws. If the driver can be identified, it may impose a penalty on the driver in accordance with the provisions of this Law.

Article 115 Where a traffic policeman commits one of the following acts, he shall be given an administrative sanction according to law:
(3) issuing a motor vehicle driver’s licenses to a person who does not meet the qualifications for a driver’s license, or has not undergo examinations, or fails in the examinations;
(5) engaging in such business activities as sponsoring or participating in sponsoring drivers schools or drivers training classes, motor vehicle repair shops or pay parking lots;
(6) receiving or accepting another person’s money or things of value or seeking other benefits by taking advantage of his position;
(9) collecting a fine on the spot without producing a receipt or failing to fill out the exact amount of a fine;
(10) disposing of a traffic accident unfairly by engaging in malpractices for personal gain;
(12) using alarm sirens and signal lights when not performing emergency duties;
(15) failing to perform the statutory duties.

Article 117 Where a traffic policeman, taking advantage of his functions and powers, illegally takes public property into his possession, extorts, receives or accepts bribes, abuses his functions and powers, or neglects his duties, which is serious enough to constitute a crime, he shall be investigated for criminal responsibility according to law.

Chapter VIII Supplementary Provisions
Article 119 For purposes of this Law, the meanings of the following terms are:
(2) “Vehicles” mean the motor vehicles and non-motor vehicles.
(3) “Motor vehicles” mean the wheeled vehicles driven or drawn by power sets on roads for carrying people, for transporting cargoes, or for special engineering operations.
(4) “Non-motor vehicles” mean such means of transport as are driven or drawn by man or animal on roads, and the motor wheelchairs for the disabled and electrically operated bicycles which are installed with power sets but the designed maximum speed per hour, the light quality and the external size of which are in conformity with the relevant standards of the State.

Article 124 This Law shall go into effect as of May 1, 2004.
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Regulation of Beijing Municipality on Simplified Procedure
for Handling Road Traffic Accidents

38. When meeting the red traffic light, the right turning motor vehicle does not give way to let the released vehicle pass first;

39. When meeting the green traffic light, the motor vehicle making a turning does not give way to the vehicle released for straight going;