Implementing Regulations on the Law of the People's Republic of China on Road Traffic Safety
Implementing Regulations on the Law of the People's Republic of China on Road Traffic Safety
Implementing Regulations on the Law of the People's Republic of China on Road Traffic Safety
Order of the State Council [2004] No. 405
April 30, 2004
Implementing Regulations on the Law of the People's Republic of China on Road Traffic Safety were adopted on April 28, 2004 at the 49th executive meeting of the State Council. It is hereby promulgated and shall be implemented as of May 1, 2004.
Premier Wen Jiabao
Implementing Regulations on the Law of the People's Republic of China on Road Traffic Safety
Chapter I General Provisions
Article 1 These Regulations are enacted in accordance with the Law of the People's Republic of China on Road Traffic Safety (hereinafter referred to as the LRTS).
Article 2 All vehicle drivers, pedestrians, passengers, road traffic activity-related entities and individuals within the territory of the People's Republic of China shall abide by the present Law.
Article 3 The local people's governments at the county level or above shall establish and perfect the road safety coordination mechanism, organize the relevant departments to evaluate the impact of urban construction projects on the traffic, formulate an administrative plan on road traffic safety, determine administrative goals and make an implementation plan.
Chapter II Vehicles and Drivers
Section 1 Motor Vehicles
Article 4 The registrations of motor vehicles shall be classified into initial registration, modification registration, transfer registration, mortgage registration and cancellation registration.
Article 5 When applying for the initial motor vehicle plate or driving permit, an applicant shall file an application to the traffic administrative department of the public security organ in the area where the domicile of the owner of the motor vehicle is located. When applying for the initial motor vehicle registration, an applicant shall have the motor vehicle checked and shall submit the following proofs and certificates:
1. The identification proof of the owner of the motor vehicle;
2. The purchase invoice and other proofs of the provenance of the motor vehicle;
3. The conformity certificate issued when the whole motor vehicle left the factory or the import documentation of the imported motor vehicle;
4. The proof of payment of vehicle purchase tax or tax-exemption documentation;
5. The proof of mandatory motor vehicle third party liability insurance;
6. Other proofs and certificates prescribed by any law or administrative regulation to be submitted for the registration of the motor vehicle.
If the type of the motor vehicle isn't one that is exempted from safety technical inspection according to the provisions of the administrative department for motor vehicle products of the State Council, the applicant shall provide a quality certificate of safety technical inspection apart from the above-mentioned certification and proofs.
Article 6 Where a registered motor vehicle is under any of the following circumstances, the owner of the motor vehicle shall file an application to the traffic administrative department of the public security organ, in which this motor vehicle has been registered, for modifying the registration:
1. The color of its body is changed;
2. Its engine is changed;
3. Its body or frame is changed;
4. The whole motor vehicle is changed by the manufacturer due to any quality problem;
5. The commercial operating motor vehicle is changed to non-commercial operating motor vehicle or vice versa; or
6. The owner of the motor vehicle has moved into or out of a domicile within the jurisdiction of the traffic administrative department of the public security organ.
When applying for modification registration of a motor vehicle, the applicant shall submit the following certificates and proofs. If the motor vehicle is under any of the circumstances as listed in Items 1 through 5 of the preceding paragraph, the applicant shall have the motor vehicle checked apart from submitting the following certificates and proofs; if the motor vehicle is under the circumstance as listed in Item 2 or 3 of the preceding paragraph, the applicant shall simultaneously submit the conformity certificate upon safety technical inspection as well:
1. The identification proof of the owner of the motor vehicle;
2. The motor vehicle registration certificate; and
3. The motor vehicle driving permit.
Where the owner of a motor vehicle changes his domicile within the jurisdiction of the traffic administrative department of the public security organ, or the name or contact information of the owner (entity) has changed , he shall report to the traffic administrative department of the public security organ, in which the motor vehicle has been registered, for archival purposes.
Article 7 Where the ownership of a registered motor vehicle is changed, the parties concerned shall duly go through the transfer registration formalities.
When applying for transfer registration, the parties concerned shall have the motor vehicle inspected by the traffic administrative department of public security organ where the motor vehicle is registered, and shall submit the following certificates and proofs:
1. The identification proofs of the parties concerned;
2. The certificate or proof of the transfer of the ownership of the motor vehicle;
3. The motor vehicle registration certificate; and
4. The motor vehicle driving permit.
Article 8 Where the owner of a motor vehicle mortgages the motor vehicle, he (she) shall file an application for mortgage registration to the traffic administrative department of the public security organ where the motor vehicle has been registered.
Article 9 Where a registered motor vehicle meets the mandatory discarding standards of the state, the traffic administrative department of the public security organ shall inform the owner of the motor vehicle that he shall go through the formalities for cancellation registration two months before the discarding period expires. The owner of the motor vehicle shall sell the motor vehicle to the corresponding recycling enterprise, which subsequently shall submit the discarded motor vehicle registration certificate, plate, driving permit to the traffic administrative department of the public security organ for cancellation. If the owner of the motor vehicle fails to go through the formalities for cancellation registration within the time limit, the traffic administrative department of the public security organ shall announce that the registration certificate, plate and driving license of this motor vehicle are null and void.
Where an application for cancellation registration due to loss or damage of the motor vehicle, the owner of the motor vehicle shall submit his (her, its) own identification proof and return the motor vehicle registration certificate to the traffic administrative department of the public security organ.
Article10 Where the proofs and certificates submitted by an applicant for motor vehicle registration are complete and valid, the formalities for registration shall be completed by the traffic administrative department of the public security organ on the spot.
With regard to a motor vehicle seized or detained by the people's court, people's procuratorate or administrative law enforcement department, the traffic administrative department of the public security organ shall refuse to register the motor vehicle.
Article 11 Where the owner of motor vehicle applies for a new registration certificate, plate or driving permit because the former one was lost or destroyed, he shall submit his identification proof and application materials to the traffic administrative department of the public security organ. After the registered files of this motor vehicle have been varified, the traffic administrative department of the public security organ shall issue a new registration certificate, plate, driving permit to the applicant within 15 days from the day when the application is received.
Article 12 The tax department or insurance institution may, in a centralized way, handle the motor-vehicle-related tax payments or conclusion of insurance contracts at the office of the traffic administrative department of public security organ.
Article 13 The plate of a motor vehicle shall be hung on the specified places at the front and back of the motor vehicle, and shall be kept clear and complete. An enlarged plate number shall be painted at the back of the body or container of a heavy lorry, medium-type truck or tractor and its trailer, the letters shall be standard and clear.
The motor vehicle conformity inspection label and the insurance label shall be stuck on the upper corner of the right of the front window of the motor vehicle.
Any label, sign, or advertisement painted on the body of a motor vehicle shall not affect the safety of driving.
Article 14 A road passenger automobile, heavy lorry or semi-trailer tractor shall install and use a driving record instrument that meets the standards of the State. The traffic police may examine the driving speed, consecutive driving time and other driving information of motor vehicles. The installation of driving record instruments may be carried out in several steps, which shall be specified by the administrative department for motor vehicle product of the State Council jointly with other relevant departments.
Article 15 The motor vehicle safety technical inspection shall be conducted by the motor vehicle safety technical inspection institutions according to the standards of the State on motor vehicle safety technical inspection. The motor vehicle safety technical inspection institutions shall bear the legal liabilities for the inspection conclusions.
The quality & technical supervisory department shall be responsible for the qualification management and measure authentication management related to the motor vehicle safety technical inspection institutions, check and test the motor vehicle safety technical inspection equipment, and supervise the implementation of the national standards on motor vehicle safety technical inspection.
The items of motor vehicle safety technical inspection shall be specified by the public security department of the State Council jointly with the quality & technical supervisory department of the State Council.
Article 16 A motor vehicle shall, as of the day when it is registered, be subject to safety technical inspections according to the following frequencies:
1. An operating passenger automobile shall be subject to one inspection every year during the first 5 years.; after 5 years, it shall be subject to one inspection every 6 months;
2. A truck or large or medium-sized non-operating passenger automobile shall be subject to one inspection every year for the first 10 years; after 10 years, it shall be subject to one inspection every 6 months;
3. A small or mini non-operating passenger automobile shall be subject to one inspection every two years for the first 6 years; after 6 years, it shall be subject to one inspection every year; after 15 years, it shall be subject to one inspection every 6 months.
4. A motorcycle shall be subject to one inspection every two years for the first 4 years; after 4 years, it shall be subject to one inspection every year.
5. A tractor and any other motor vehicle shall be subject to one inspection every year.
If an operating motor has passed the safety technical inspection within the prescribed time limit for inspection, it needn't to accept any repeated safety technical inspection.
Article 17 When conducting safety technical inspection on a registered motor vehicle, the inspection institution shall not determine the motor vehicle as qualified if there is any discrepancy between the information recorded on its driving permit and its actual situation, or if the party concerned fails to provide a voucher of mandatory motor vehicle third party liability insurance.
Article 18 The specific provisions on the painting of symbols or signs for police cars, fire engines, ambulances and engineering emergency vehicles, and the installation and uses of alarms or identification light shall be formulated by the public security department of the State Council.
Section 2 Motor Vehicle Drivers
Article 19 Any person satisfying the conditions for driving as prescribed by the public security department of the State Council may apply to the traffic administrative department of the public security organ for motor vehicle driving license.
The public security department of the State Council motor vehicle license shall specify the format of the motor vehicle driving license and supervise the making thereof.
Article 20 Anyone who learns how to drive a motor vehicle shall first learn the laws, regulations and other knowledge related to road traffic safety, then take an examination. If passes the examination, he may start to learn motor vehicle driving skills.
When learning on-road driving, a student shall observe the route and time specified by the traffic administrative department of public security organ. When learning motor vehicle driving skills on the road, he shall use a learner-driven vehicle and be accompanied by a coach, no one unrelated with the teaching shall be in the vihicle. If a student violates the law or causes any traffic accident during the period of learning driving, the coach shall bear the corresponding liabilities.
Article 21 The traffic administrative departments of public security organ shall hold examinations for the persons applying for motor vehicle driving licenses, then issue motor vehicle driving licenses to those who have passed the examination within 5 days, and give written explanations to the persons who failed to pass the examination.
Article 22 The valid period of a motor vehicle driving license shall be 6 years unless otherwise provided for by these Regulations.
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