Law of the People's Republic of China on Road Traffic Safety

Law of the People's Republic of China on Road Traffic Safety

Order of the President [2003] No. 8

October 28, 2003

The Law of the People's Republic of China on Road Traffic Safety, which was adopted at the 5th session of the Standing Committee of the 10th National People's Congress on October 28, 2003, is released hereby and shall take effect as of May 1, 2004.

President of the People's Republic of China Hu Jintao

Appendix: Law of the People's Republic of China on Road Traffic Safety

Contents
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 Conditions for Road Passage
Chapter IV Provisions on Road Passage
Section 1 General Provisions
Section 2 Provisions on the Passage of Motor Vehicles
Section 3 Provisions on the Passage of Non-motor Vehicles
Section 4 Provisions on the Passage of Pedestrians and Riders
Section 5 Special Provisions on Expressways
Chapter V Disposition of Traffic Accidents
Chapter VI Supervision of Law-enforcement
Chapter VII Legal Responsibility
Chapter VIII Supplementary Provisions

Chapter I General Provisions
　
Article 1 This Law is enacted with a view to maintaining road traffic order, taking precautions against and reducing traffic accidents, protecting personal safety, safeguarding the safety of property and other lawful rights and interests of citizens, legal persons and other organizations, and increasing passage efficiency.
　
Article 2 Within the territory of the People's Republic of China, the drivers of vehicles, pedestrians, passengers and the units and individuals involved in road traffic activities shall observe this Law.
　
Article 3 Work for road traffic safety shall be carried out in adherence to the principles of conducting administration according to law and making things convenient to the masses, to guarantee good order, safety and unimpeded flow of road traffic.
　
Article 4 People's governments at various levels shall guarantee that the administrative work for road traffic safety fits with the economic and social development. In order to meet the needs of road traffic development, all local people's governments at or above the county level shall, in accordance with the laws and regulations on road traffic safety and the relevant policies of the State, work out administration plans for road traffic safety, and take charge of their implementation.
　
Article 5 The department for public security under the State Council shall be in charge of the administrative work for road traffic safety nationwide. The traffic control department of the public security organs under the local people's governments at or above the county level shall be in charge of the administrative work for road traffic safety within their respective administrative areas.
The traffic control departments and the construction administration departments under the people's governments at or above the county level shall be in charge of relevant road traffic work in compliance with their respective duties.
　
Article 6 People's governments at various levels shall conduct regular education in road traffic safety so as to enhance citizens' awareness of the importance of road traffic safety.
When performing their duties, traffic control departments of the public security organs and their traffic policemen shall give more publicity to the laws and regulations on road traffic safety, and observe such laws and regulations in an exemplary way.
Government departments, armed units, enterprises, institutions, public associations and other organizations shall offer education in road traffic safety to their own members.
Administrative departments of education and schools shall incorporate education in road traffic safety into education in the legal system.
The news media and publishing, radio and TV, and other relevant institutions shall have the duty to conduct education in road traffic safety.
　
Article 7 Scientific research in administrative work for road traffic safety shall be promoted, and advanced administration methods, technology and equipment shall be used on a wide scale.

Chapter II Vehicles and Drivers

Section 1 Motor Vehicles and Non-motor vehicles
　
Article 8 The State practises a registration system for motor vehicles. A motor vehicle shall be driven on roads only after it is registered with the traffic control department of a public security organ. Where a motor vehicle is not yet registered but needs to be driven on roads temporarily, a temporary pass shall be obtained.
　
Article 9 The following certificates and vouchers shall be submitted for application for the registration of a motor vehicle:
1. certificate of identification of the owner of the vehicle;
2. certificate of the manner in which the vehicle is obtained;
3. certificate of outgoing quality for the whole vehicle or certificate of import license for the vehicle imported;
4. payment receipt of vehicle purchase tax or duty free certificate; and
5. other certificates or vouchers to be submitted as required by the provisions of laws and administrative regulations for registration of motor vehicles.
The traffic control department of a public security organ shall finish the examination for registration of a motor vehicle within five working days from the date it receives the application and shall, if the conditions provided for in the proceeding paragraph are met, issue the registration certificate, number plate and license for the vehicle; and if the said conditions are not met, the department shall explain the reasons why the vehicle is not to be registered.
Units and individuals, other than the traffic control departments of the public security organs, shall not issue number plates for motor vehicles or require that other plates are used, except where otherwise provided for by this Law.
Designs for the registration certificate, number plate and license for motor vehicles shall be drawn up and made under the supervision of the department for public security under the State Council.
　
Article 10 Motor vehicles permitted for registration shall conform to the State safety and technical standards for them. A motor vehicle for the registration of which an application is submitted shall undergo safety and technical inspection. However, with respect to those models of motor vehicles which are manufactured by enterprises confirmed, in accordance with the State safety and technical standards for motor vehicles, by the government department in charge of the products of motor vehicles, if the new vehicles of such models meet the said standards upon inspection conducted before they leave the plant and the certificates of inspection of quality are granted, they shall be exempted from safety and technical inspection.
　
Article 11 A motor vehicle running on roads shall be hung with its number plate and stuck with the inspection certificate and the insurance label, accompanied by the motor vehicle license.
Number plates shall be hung in accordance with relevant regulations, kept clear and intact; and they shall not purposely be covered, stained or damaged.
No units or individuals shall confiscate or distrain the number plates of motor vehicles.
　
Article 12 Registration shall be needed in one of the following circumstances:
1. when ownership of a motor vehicle is transferred;
2. when alterations are made in the registration of a motor vehicle;
3. when a motor vehicle is mortgaged; and
4. when a motor vehicle is scrapped.
　
Article 13 Once a motor vehicle begins to be run on roads after registration, it shall, in accordance with the provisions of laws and administrative regulations, undergo regular safety and technical inspection, in terms of its designed purpose of use, quantity of passengers and goods, service life, etc. Where the motor vehicle license and the certificate of the compulsory third party liability insurance on the vehicle are provided, the authority for motor vehicle safety and technical inspection shall inspect the vehicle; and no units shall add other conditions. If the vehicle conforms to the State safety and technical standards, the traffic control department of the public security organ shall issue the sticker of the inspection certificate.
The safety and technical inspection of motor vehicles shall be socialized. Specific measures in this regard shall be formulated by the State Council.
In places where motor vehicle safety and technical inspection is socialized, no units shall require that motor vehicles are inspected at designated places.
Traffic control departments of the public security organs and the authority for motor vehicle safety and technical inspection shall not require that motor vehicles are maintained or serviced at designated places.
The authority for motor vehicle safety and technical inspection shall collect fees for such inspection strictly in accordance with the rates approved by the department for pricing under the State Council.
　
Article 14 The State practises the compulsory system for scrapping motor vehicles, under which different criteria for scrapping the vehicles shall be established on the basis of the safety and technical conditions and the different purposes of use of the motor vehicles.
Registration of the motor vehicles shall be cancelled as soon as they are scrapped.
Motor vehicles that reach the criteria for scrapping shall not run on roads. The large passenger cars, trucks and other commercial vehicles that are scrapped shall be disintegrated under the supervision of the traffic control departments of the public security organs.
　
Article 15 Different signs for police vans, fire engines, ambulances and engineering rescue vehicles shall, in accordance with relevant regulations, be sprayed or painted on them, and these vehicles shall be installed with alarm sirens and signal lights. No signs specially for the vehicles mentioned above or anything similar to such signs shall be sprayed or painted on other motor vehicles, and no alarm sirens or signal lights specially for the said vehicles or anything similar to such sirens or lights shall be installed on them or used.
Police vans, fire engines, ambulances and engineering rescue vehicles shall be used strictly in accordance with their specified purposes of use and conditions.
The vehicles specially used for highway supervision and inspection shall be equipped with unified signs and warning lights in accordance with the provisions of the Highway Law.
　
Article 16 No units or individuals shall do the following:
1. assembling motor vehicles or altering the registered composition, structure or features of motor vehicles without authorization;
2. changing the models of motor vehicles, their engine number, chassis number or the identification code of the vehicles;
3. falsifying or counterfeiting or using falsified or counterfeited certificates of registration, number plates, licenses, stickers of the inspection certificates or insurance labels of motor vehicles; or
4. using the certificates of registration, number plates, licenses, stickers of the inspection certificates or insurance labels of other motor vehicles.
　
Article 17 The State practises the system of the compulsory third party liability insurance for motor vehicles and establishes the social relief fund for road traffic accidents. Specific measures in this regard shall be formulated by the State Council.
　
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.
The external size, quality, brake, handle-bar bell and night reflectors of a non-motor vehicle shall be in conformity with the safety and technical standards for non-motor vehicles.

Section 2 Drivers of Motor Vehicles
　
Article 19 To drive a motor vehicle, one shall obtain a motor vehicle driver's license according to law.
An applicant for motor vehicle driver's license shall meet the requirements for driver's license specified by the department for public security under the State Council; and after passing the examination, the applicant shall be issued by the traffic control department of the public security organ the driver's license commensurate with the type of the motor vehicle.
A person holding a motor vehicle driver's license of another country who meets the requirements for driver's license specified by the department for public security under the State Council and passes the examination by the traffic control department of the public security organ shall be issued a Chinese motor vehicle driver's license.
The driver shall drive the approved type of motor vehicle clearly stated in the driver's license; and when driving a motor vehicle, he shall keep the driver's license handy.
No units or individuals, except the traffic control departments of the public security organs, shall confiscate or suspend motor vehicle driver's licenses.
　
Article 20 Training of motor vehicle drivers shall be socialized. The competent traffic control department shall exercise control of the qualifications of the drivers training schools and classes, among which the qualifications of the ones specially for training tractor drivers shall be under the control of the department of agriculture (agricultural machinery).
Drivers training schools and classes shall, strictly in accordance with the relevant regulations of the State, provide their trainees with the training in laws and regulations on road traffic safety and in driving skills, and ensure the quality of training.
No State organs or departments in charge of training or examination of drivers shall sponsor or participate in sponsoring drivers training schools or classes.
　
Article 21 Before driving a motor vehicle on roads, the driver shall carefully check the safety and technical performance of the motor vehicle; and he shall not drive a motor vehicle with hidden troubles endangering safety, e.g., the safety facilities are incomplete or the parts are not in conformity with the safety and technical standards.
　
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.
No one shall force or instigate a driver to drive a motor vehicle in violation of the laws and regulations on road traffic safety or of the requirements for safe driving of motor vehicles, or connive at such violations.
　
Article 23 Traffic control departments of the public security organs shall, in accordance with the provisions of laws and administrative regulations, regularly examine and check motor vehicle driver's licenses.
　
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.
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