Road Traffic Safety Law of the People’s Republic of China (2011 Amendment)

2017/5/12/11:20

         

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• Issuing authority: Standing Committee of the National People's Congress
• Document Number: Order No.47 of the President of the People’s Republic of China
• Date issued: 04-22-2011
• Effective date: 05-01-2004
• Level of Authority: Laws
• Area of law:Traffic and Transport,Trade Unions

Road Traffic Safety Law of the People's Republic of China (Adopted at the 5th Session of the Standing Committee of the Tenth National People's Congress on October 28, 2003; revised for the first time by the Decision on Amending the Road Traffic Safety Law of the People's Republic of China adopted at the 31st Session of the Standing Committee of the Tenth National People's Congress on December 29, 2007; revised for the second time by the Decision on Amending the Road Traffic Safety Law of the People's Republic of China adopted at the 20th Session of the Standing Committee of the Eleventh National People's Congress of the People's Republic of China on April 22, 2011)

Contents

Chapter I General Principles
Chapter II Vehicles and Drivers
Section 1 Motor Vehicles and Non-Motor Vehicles
Section 2 Motor Vehicle Drivers
Chapter III Conditions for Road Passage
Chapter IV Provisions on Road Passage
Section 1 General Provisions 
Section 2 Provisions on Passage of Motor Vehicles
Section 3 Provisions on Passage of Non-motor Vehicles
Section 4 Provisions on Passage of Pedestrians and Passengers
Section 5 Particular Provisions on Expressways
Chapter V Handling of Traffic Accidents
Chapter VI Supervision over Law Enforcement
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions

Chapter I General Principles

Article 1 The present Law is formulated with a view to maintaining the road traffic order, preventing and reducing traffic accidents, protecting personal safety, protecting the safety of properties of citizens, legal persons and other organizations, and also other lawful rights and interests, as well as improving the passage efficiency.   
Article 2 All vehicle drivers, pedestrians, passengers, road traffic activity-related entities and individuals inside the territory of the People's Republic of China shall abide by the present Law.   
Article 3 The work of road traffic safety shall be in compliance with the principles of administration according to law and facilitating the masses, and shall guarantee the orderliness, safety, and smooth going of the road traffic.   
Article 4 The people's governments at all levels shall guarantee that the administration of road traffic safety suits the economic construction and social development. The local people's governments at the county level or above shall adapt to the needs in road traffic development, and shall, in accordance with the road traffic safety laws and regulations as well as the relevant policies of the State, formulate the administrative planning on road traffic safety, and arrange for the implementation thereof.   
Article 5 The public security institution under the State Council shall be responsible for the administration of road traffic safety nationwide. The traffic administrative departments of the public security organs under the local people's governments at the county level or above shall be responsible for the administration of road traffic safety within their respective jurisdictions. The traffic and construction administrative departments under the people's governments at the county level and above shall, upon their respective duties, be responsible for the relevant work on road traffic.   
Article 6 The people's governments at all levels shall educate people regularly about road traffic safety so to improve the citizens' consciousness of road traffic safety. The traffic administrative departments of the public security organs and their traffic policemen shall, when exercising their functions, strengthen propaganda of road traffic safety laws and regulations, and set examples in abiding to the road traffic safety laws and regulations. State organs, armed forces, enterprises, public institutions, public organizations and other organizations shall educate their own staff members about road traffic safety. The administrative departments of education and the schools shall incorporate the education of road traffic safety into legal education. News agencies, publishing entities, broadcasting and television stations, and other relevant entities are obligated to educate people about road traffic safety.   
Article 7 For the administration of road traffic safety, scientific researches shall be strengthened, meanwhile, advanced administrative methods, techniques and equipment shall be extended and used.  

Chapter II Vehicles and Drivers

Section 1 Motor Vehicles and Non-Motor Vehicles

Article 8 The State applies a system of registration to motor vehicles. A motor vehicle is not allowed to run on road until it has been registered by the traffic administrative department of the public security organ. If an unregistered motor vehicle needs to temporarily run on road, it shall have a temporary passage certificate.  
Article 9 Whoever applies for the registration of a motor vehicle shall submit the following proofs and certificates:   
(1) Identification proof of the owner of the motor vehicle; 
(2) Proof on the provenance of the motor vehicle;
(3) Proof on being qualified when the whole motor vehicle left factory or import documentation on the imported motor vehicle;
(4) Proof on payment of vehicle purchase tax or documentation on tax-exemption;
(5) Other proofs and certificates prescribed by any law or administrative regulation to be submitted for the registration of the motor vehicle. The traffic administrative department of the public security organ shall, within 5 working days as of accepting an application, complete the registration and examination of the motor vehicle, and shall issue the motor vehicle registration certificate, the plate and the driving permit if the said vehicle meets the conditions prescribed in the preceding paragraph; or shall state the reason of rejecting registration to the applicant if the said vehicle fails to meet the conditions prescribed in the preceding paragraph. Any entity or individual other than the traffic administrative department of the public security organ shall not issue a motor vehicle plate or demand that a motor vehicle carry any other plate, unless otherwise prescribed by the present Law. The pattern of the registration certificate, plate and driving permit of a motor vehicle shall be prescribed by and their production shall be supervised by the public security institution under the State Council.
Article 10 A motor vehicle which is permitted to be registered shall meet the national technical standards for the safety of motor vehicles. At the time of application for the registration of a motor vehicle, the applicant shall accept the technical inspection of safety on the motor vehicle. However, if a type of new motor vehicle which is produced by an enterprise ascertained by the administrative department of the State for motor vehicle products according to the national technical standards of safety of motor vehicles is found upon inspection to have met such national technical standards when it leaves the factory and a conformity inspection certificate has been obtained, the technical inspection of safety may be exempted.   
Article 11 Whoever drives a motor vehicle on road shall hang a motor vehicle plate, place the conformity inspection mark and the insurance sign, as well as bring with him the driving permit for the motor vehicle. A motor vehicle plate shall be hung in accordance with the provisions and be kept clear and integral, instead of being intentionally sheltered or smeared. No entity or individual shall confiscate or detain any motor vehicle plate.   
Article 12 In case any of the following circumstances occurs, the corresponding registration shall be made:
(1) The ownership of a motor vehicle is transferred;
(2) Any registered content of a motor vehicle is modified;
(3) A motor vehicle is mortgaged; or
(4) A motor vehicle is discarded as unserviceable.
Article 13 For the motor vehicles running on road after registration, technical inspections of safety shall be carried out in accordance with the laws and administrative regulations and in light of such different particulars as the purpose of use, the number of passengers or quantity of goods carried, the service life, etc. of the vehicles. If a driving permit or a compulsory third party liability insurance policy for a motor vehicle is provided, the institution for the technical inspection of safety of motor vehicles shall carry out the inspection, and no entity may set any other conditions. If a motor vehicle meets the national technical standards for safety, the traffic administrative department of the public security organ shall issue the conformity inspection mark. The technical inspections of safety for motor vehicles shall be conducted by non-government institutions. The specific measures shall be formulated by the State Council. In the regions where technical inspections of safety of motor vehicles are conducted by non-government institutions, no entity may demand any motor vehicle to be inspected at any designated place. The traffic administrative department of the public security organ or the institution for technical inspections of motor vehicle safety shall not demand any motor vehicle to be repaired or maintained at any designated place. The institution for technical inspections of motor vehicle safety shall, if charging fees for the inspections of motor vehicles, strictly comply with the charging rates ratified by the price administrative institution under the State Council.
Article 14 The State applies a system of compulsory discarding unserviceable to motor vehicles, and prescribes different standards for discarding motor vehicles as unserviceable in light of their safety and technical conditions as well as their different purposes of use. For a motor vehicle which ought to be discarded as unserviceable, it must be deregistered in good time. A motor vehicle which reaches the standards for being discarded as unserviceable shall not run on road. The large passenger vehicles, wagons and other commercial operating vehicles which have been discarded as unserviceable shall be disassembled under the supervision of the traffic administrative department of the public security organ.
Article 15 Police cars, fire engines, ambulances and engineering emergency vehicles shall be painted with marked patterns and be installed with alarms and identification lamps in accordance with relevant provisions. Other motor vehicles shall not be painted or installed with or use any of the marked patterns, alarms or identification lamps specifically used by or similar to those of the aforementioned vehicles. Police cars, fire engines, ambulances and engineering emergency vehicles shall be used strictly pursuant to the prescribed purposes and conditions. The special vehicles for highway supervision and inspection shall be set up with uniform marks and warning lamps in accordance with the provisions of the Highway Law.  
Article 16 No entity or individual may:  
(1) Assemble any motor vehicle or discretionally change the registered structure, framework or features of any motor vehicle;
(2) Change the motor vehicle type, engine number, chassis number or vehicle identification number;
(3) Forge, alter or use forged or altered registration certificate, plate, driving permit, conformity inspection mark or insurance sign of any motor vehicle;
(4) Use the registration certificate, plate, driving permit, conformity inspection mark or insurance sign of any other motor vehicle.
Article 17 The State applies a compulsory third party liability insurance system to motor vehicles, and establishes social assistance funds for road traffic accidents. The specific measures shall be formulated by the State Council.   
Article 18 A non-motor vehicle which ought to be lawfully registered may not run on road until it has been registered by the traffic administrative department of the public security organ. The categories of the non-motor vehicles which ought to be lawfully registered shall be prescribed by the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government in light of their respective local actual situations. The external size, quality, brakes, bell and night retro reflecting device of a non-motor vehicle shall meet the technical standards for safety of non-motor vehicles.
   
Section 2 Motor Vehicle Drivers

Article 19 Whoever drives a motor vehicle shall have lawfully obtained a motor vehicle driving license. Whoever applies for a motor vehicle driving license shall meet the conditions for driving permission as prescribed by the public security institution under the State Council; after he is found upon examination be qualified, the traffic administrative department of the public security organ shall issue a motor vehicle driving license of the corresponding category. Whoever holds an overseas motor vehicle driving license may, if meeting the conditions for driving permission as prescribed by the public security institution under the State Council, and assessed by the traffic administrative department of the public security organ to be qualified, be issued a Chinese motor vehicle driving license. A driver shall drive a motor vehicle of the permitted type as stated on his driving license; and shall, when driving the motor vehicle, bring with him his motor vehicle driving license. No entity or individual other than the traffic administrative department of the public security organ may confiscate or detain a motor vehicle driving license.   
Article 20 The trainings on motor vehicle driving shall be conducted by non-government institutions. For this purpose, the traffic administrative department shall apply qualification administration to the driving training schools and driving training classes, among which, the qualification administration of driving training schools and driving training classes for special tractors shall be carried out by the agricultural (agricultural machinery) administration. The driving training schools and driving training classes shall, in strict accordance with the relevant provisions of the State, hold trainings on road traffic safety laws and regulations as well as driving skills for the students and trainees, and guarantee the training quality. No State organ or administrative department for driving trainings and examinations may hold or participate in holding driving training schools or driving training classes.   
Article 21 A driver shall, before driving a motor vehicle on road, carefully examine the safety and technical performance of the motor vehicle; and shall not drive a motor vehicle with hidden safety perils, for example, the safety facilities are incomplete or the components do not meet the technical standards, and so on.
Article 22 Motor vehicle drivers shall abide by road traffic safety laws and regulations, and drive the vehicle safely and courteously according to the operation rules. Whoever has drunk alcohol or taken psychotropic drugs or narcotics controlled by the State, or is suffering from a disease which impedes him from driving a motor vehicle safely, or is too tired to drive safely, shall not drive a motor vehicle. No one shall force, instigate or connive at a driver to violate the road traffic safety laws and regulations or the driving requirements on motor vehicle safety to drive a motor vehicle.   
Article 23 The traffic administrative department of the public security organ shall, in accordance with the laws and administrative regulations, inspect the motor vehicle driving licenses at regular intervals.   
Article 24 The traffic administrative department of the public security organ shall apply a system of keeping accumulative scores to the motor vehicle drivers who violate the road traffic safety laws and regulations in addition to imposing administrative penalties upon them in accordance with the law. The traffic administrative department of the public security organ shall detain the motor vehicle driving licenses of those whose accumulative scores have reached the prescribed limit, arrange for the education of road traffic safety laws and regulations and the corresponding re-examinations for them; the motor vehicle driving licenses shall be returned to those who are examined to be qualified. For the motor vehicle drivers who abide by the road traffic safety laws and regulations, and have no accumulative scores within one year, the period for inspection of their motor vehicle driving licenses may be extended. The specific measures shall be formulated by the public security institution under the State Council.   

Chapter III Conditions for Road Passage

Article 25 The uniform road traffic signals shall be applied throughout the country. Traffic signals include traffic signal lamps, traffic signs, traffic line markings and the command of traffic policeman. The traffic signal lamps, traffic signs and traffic line markings shall be set up in conformity with the requirements on safe and smooth road traffic and the national standards, and be kept clear, eye-catching, accurate and integral. Road traffic signals shall be added, changed or renewed in time upon the need of passage. The add, change or renewal of restrictive road traffic signals shall be announced to the public in advance, and propaganda shall be carried out extensively.   
Article 26 The traffic signal lamps shall be composed of red light, green light and amber light. The red light means prohibition of passage, the green light means permission of passage, while the amber light means a warning.   
Article 27 Warning lights, warning marks or safety protection facilities shall be set up at a crossing where a railway and a road intersects on a plane. At a railway crossing not watched by any one, warning marks shall be set up at a certain distance from the crossing.   
Article 28 No entity or individual may discretionally set up, remove, occupy or damage any traffic signal lamp, traffic sign or traffic line marking. The trees and other plants along both sides of the road or along the median strip, as well as the installed advertisement boards and pipelines, etc., shall be kept a necessary distance away from the traffic facilities, and shall not shelter road lamps, traffic signal lamps or traffic signs, or impede the safe range of visibility, or affect the passage.   
Article 29 The planning, design and construction of roads, parking lots and auxiliary road facilities shall meet the requirements on safe and smooth road traffic, and be adjusted in time where the traffic so requires. Where the traffic administrative department of the public security organ finds that a road which has been put into use contains any section where traffic accidents often occur, or that any serious hidden trouble of traffic safety exists in a parking lot or the auxiliary road facilities, it shall report to the local people's government in time, and render suggestions on preventing the traffic accidents and eliminating the hidden trouble, while the local people's government shall make a handling decision in time.   
Article 30 Where a road collapses, pits, is damaged by water, protrudes or is damaged otherwise, or any of such traffic facilities as a traffic signal lamp, a traffic sign or the traffic line markings are damaged or lost, the maintenance department or administrative department of road or traffic facilities shall set up warning marks and restore the road or repair the facilities in time. Where the traffic administrative department of the public security organ finds any circumstance in the preceding paragraph, which endangers the traffic safety, and no warning mark is set up, it shall take safety measures in time, direct the flow of traffic, and notify the maintenance department or administrative department of road or traffic facilities.   
Article 31 No entity or individual may, without permission, occupy the road to engage in non-traffic activities.  
Article 32 Where, due to the needs in project construction, a road has to be occupied or dug, or pipeline facilities have to be put up over or through a road, it shall obtain the consent of the road administrative department in advance; if the traffic safety is affected, it shall also obtain the consent of the traffic administrative department of the public security organ as well. A construction entity shall work on the approved road section and within the approved time, and set up an obvious safety warning mark at a safe distance from the workplace facing the coming vehicles, and take prevention measures, as well; after the work, it shall promptly clean up the obstacles on the road, and eliminate the hidden trouble of safety, and may not restore the passage until the road has been inspected by the road administrative department and the traffic administrative department of the public security organ to be qualified for the passage. With respect to the road under construction where the traffic is not suspended, the traffic administrative department of the public security organ shall strengthen the supervision and inspection of the traffic safety, and maintain the road traffic order.   
Article 33 The newly-built, rebuilt or extended public buildings, commercial blocks, residential quarters and large (medium) sized buildings, etc. shall be equipped or added with parking lots; if the parking area is insufficient, it shall be rebuilt or extended in time; no one shall discretionally suspend the use of a parking lot which has been put into use or use it for any other purpose Where the passage of pedestrians and vehicles is not affected, the relevant government department may delimit parking area within the scope of urban roads.   
Article 34 Where a road in front of the gate of a school, kindergarten, hospital or a home for the aged has no pedestrian crossing facilities, crosswalk lines shall be delimited, and indication marks shall be set up. On the pavements of the major urban roads, blind tracks shall be set up pursuant to the planning. The setup of the blind tracks shall meet the national standards.   

Chapter IV Provisions on Road Passage 

Section 1 General Provisions

Article 35 Both motor vehicles and non-motor vehicles shall pass on the right side.   
Article 36 Where, as road conditions and passage so requires, a road is divided into motor vehicle driveways, non-motor vehicle driveways and pavements, motor vehicles, non-motor vehicles and pedestrians shall pass along the road in their respective lanes. Where the road is not divided into motor vehicle driveways, non-motor vehicle driveways and pavements, motor vehicles shall pass along the middle of the road, while non-motor vehicles and pedestrians shall pass along both sides of the road.   
Article 37 Where a special driveway is delimited on a road, only prescribed vehicles are allowed to pass within the special driveway, and no other vehicle may drive into the special driveway.   
Article 38 Vehicles and pedestrians shall pass according to the traffic signals; or pass according to on-the-spot command of the traffic policeman, if any; or shall, if along a road without any traffic signal, pass pursuant to the principle of guaranteeing the safety and smooth going.
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