Provisions on the Application for and Use of Motor Vehicle Driving Licenses (Revised in 2016)

Provisions on the Application for and Use of Motor Vehicle Driving Licenses (Revised in 2016)
Provisions on the Application for and Use of Motor Vehicle Driving Licenses

Order of the Ministry of Public Security No.139

January 29, 2016

Table of Contents
Chapter I General Provisions
Chapter II Application for Motor Vehicle Driving Licenses
Section 1 Motor Vehicle Driving Licenses
Section 2 Application
Chapter III Motor Vehicle Driving Test
Section 1 Content and Eligibility Criteria of the Test
Section 2 Requirements of the Test
Section 3 Supervision and Administration of the Test
Chapter IV Issuance, Replacement and Reissuance of Licenses
Chapter V Administration of Motor Vehicle Drivers
Section 1 Demerit Points Section 2 Inspection
Section 3 Supervision and Administration
Section 4 Administration of School Bus Drivers
Chapter VI Legal Liability
Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1 These Provisions on the Application for and Use of Motor Vehicle Driving Licenses (hereinafter referred to as the "Provisions") are formulated in accordance with the Law of the People's Republic of China on Road Traffic Safety, the Implementing Regulations thereof and the Administrative Licensing Law of the People's Republic of China.

Article 2 Traffic administrative departments of public security organs are responsible for the implementation of these Provisions.
The traffic administrative department of a provincial public security organ is responsible for the guidance, inspection and supervision of affairs relating to motor vehicle driving licenses within its province (autonomous region or municipality directly under the Central Government). The vehicle administrative office of the traffic administrative department of the public security organ of a municipality directly under the Central Government, or the vehicle administrative office of the traffic administrative department of the public security organ of a city divided into districts or any other administrative area at the same level is responsible for affairs relating to motor vehicle driving licenses within its administrative jurisdiction.
The vehicle administrative office of the traffic administrative department of a county-level public security organ may undertake affairs relating to driving licenses for low-speed trucks, three-wheeled automobiles and motorcycles and the replacement, reissuance and examination of driving licenses and the submission of health certificates for other motor vehicles within its administrative jurisdiction. Where necessary conditions are available, such office may also undertake affairs relating to driving licenses for small automobiles, small automatic gearshift automobiles and small automatic gearshift passenger automobiles for the handicapped, as well as tests on road traffic safety laws and regulations and the relevant knowledge for driving licenses of other motor vehicles. The exact range and acceptance conditions of such affairs shall be determined by the traffic administrative department of a provincial public security organ.

Article 3 Vehicle administrative offices shall follow the principles of strictness, openness, fairness and convenience for the people when handling affairs relating to motor vehicle driving licenses.
When handling affairs relating to motor vehicle driving licenses, vehicle administrative offices shall accept applications submitted by applicants and review application materials submitted by the applicants in accordance with the law. They shall handle motor vehicle driving licenses for qualified applicants pursuant to the prescribed standards, procedures and time limits, notify applicants of all the necessary corrections or supplements at one stroke in writing in case that the application materials are not complete or do not meet the statutory form, and inform unqualified applicants of the reasons in writing.
Vehicle administrative offices shall display at their premises the items, conditions, basis, procedures, time limits and charging rates provided for in applicable laws, administrative regulations and these Provisions in connection with affairs relating to motor vehicle driving licenses as well as a catalogue of all the required materials and a model application form.
Traffic administrative departments of provincial public security organs or, of public security organs of cities divided into districts or administrative areas at the same level shall set up their respective homepages on the internet and release information via such homepages for facilitating the masses in accessing to the relevant provisions on the handling of motor vehicle driving licenses, information on the status of driving licenses, traffic offenses and demerit points, and downloading and using the relevant forms.

Article 4 An applicant applying for a motor vehicle driving license shall truthfully provide the prescribed materials to the competent vehicle administrative office, truthfully state the prescribed matters and be responsible for the authenticity of the substance of application materials.

Article 5 Traffic administrative departments of public security organs shall set up a supervisory system for vehicle administrative offices' handling of affairs relating to motor vehicle driving licenses, and strengthen the supervision and administration of the tests for drivers, and the verification, issuance and use of driving licenses.

Article 6 Vehicle administrative offices shall issue and print out motor vehicle driving licenses through the computerized motor vehicle driving license management system, and those motor vehicle driving licenses that are not issued and printed out through the system shall be invalid.
The computerized motor vehicle driving license management system, based on uniform standards and software nationwide, is not only capable of fully and accurately recording and storing the entire process of application acceptance, tests of subjects, and verification and issuance of motor vehicle driving licenses as well as information on handlers, but also is capable of transmitting the relevant information in real time to the national public security traffic administrative information system.

Article 7 Vehicle administrative offices shall, by use of the internet integrated traffic safety service management platform, handle affairs relating to motor vehicle driver's licenses in accordance with the provisions
Information management system database standards and software of the internet integrated traffic safety service management platform are unified in the whole county.
An applicant using the internet integrated traffic safety service management platform to handle affairs relating to motor vehicle driver's licenses can submit an application through the internet after passing identity authentication.

Chapter II Application for Motor Vehicle Driving Licenses

Section 1 Motor Vehicle Driving Licenses

Article 8 A person must obtain a motor vehicle driving license in accordance with the law before he or she may drive a motor vehicle.

Article 9 Types of motor vehicles that motor vehicle drivers are permitted to drive (hereinafter referred to as the "permitted types of vehicles") are divided in sequence into: large passenger buses, towing vehicles, urban buses, medium-sized passenger buses, large trucks, small automobiles, small automatic gearshift automobiles, low-speed trucks, three-wheeled automobiles, small automatic gearshift passenger automobiles for the handicapped, ordinary three-wheeled motorcycles, ordinary two-wheeled motorcycles, mopeds, wheeled automotive mechanic vehicles, trolley buses and trams (see Appendix I hereto).

Article 10 A motor vehicle driving license shall record and indicate the following:
1. information on the motor vehicle driver: name, gender, date of birth, nationality, domicile, identity certification number (motor vehicle driving license number) and photograph; and
2. indications by the competent vehicle administrative office: the date of initial reception of the license, code(s) for type(s) of permitted vehicles, the term of validity, the stamp of the license-issuing authority and the file number.

Article 11 The terms of validity of motor vehicle driving licenses shall be six years, ten years and permanent.

Section 2 Application

Article 12 An applicant applying for a motor vehicle driving license shall meet the following requirements:
1. Age requirements:
(1) an applicant applying for a motor vehicle driving license for small automobiles, small automatic gearshift automobiles, small automatic gearshift passenger automobiles for the handicapped or mopeds shall be between 18 and 70 years of age;
(2) an applicant applying for a motor vehicle driving license for low-speed trucks, three-wheeled automobiles, ordinary three-wheeled motorcycles, ordinary two-wheeled motorcycles or wheeled automotive mechanic vehicles shall be between 18 and 60 years of age;
(3) an applicant applying for a motor vehicle driving license for urban buses, large trucks, trams or trolley buses shall be between 20 and 50 years of age;
(4) an applicant applying for a motor vehicle driving license for medium-sized passenger buses shall be between 21 and 50 years of age;
(5) an applicant applying for a motor vehicle driving license for towing vehicles shall be between 24 and 50 years of age; and
(6) an applicant applying for a motor vehicle driving license for large passenger buses shall be between 26 and 50 years of age.
(7) a student accepting full-time vocational driving education and applying for a driving license for large passenger buses and towing vehicles shall be between 20 and 50 years of age.
2. physical condition:
(1) height: an applicant applying for a motor vehicle driving license for large passenger buses, towing vehicles, urban buses, large trucks or trolley buses shall not be less 155 cm in height; an applicant applying for a motor vehicle driver's license for medium-sized passenger buses shall not be less 150 cm in height;
(2) eyesight: the naked vision or corrected vision of both eyes of an applicant applying for a motor vehicle driver's license for large passenger buses, towing vehicles, urban buses, medium-sized passenger buses, large trucks, trolley buses or trams shall be 5.0 or above in the logarithmic vision chart, and that of an applicant applying for a motor vehicle driver's license for other permitted types of vehicles shall be 4.9 or above in the logarithmic vision chart; an applicant whose monocular vision is impaired, the naked vision or corrected vision of whose right eye is 5.0 or above in the logarithmic vision chart and whose horizontal field of vision is 150 degrees may apply for a motor vehicle driver's license for small automobiles, small automatic gearshift automobiles, low-speed trucks, three-wheeled automobiles and small automatic gearshift passenger automobiles for the handicapped;
(3) color vision: no daltonism;
(4) hearing acuity: an applicant shall be capable of identifying the source of sound 50 cm away from a vibrating tuning fork by both ears; an applicant who has any hearing disability but is nonetheless capable of meeting the aforesaid requirements by wearing hearing aids may apply for a motor vehicle driver's license for small automobiles or small automatic gearshift automobiles;
(5) upper limbs: both thumbs and at least three other fingers of each hand shall be sound and the movement functions of both upper limbs and fingers shall be normal; however, an applicant who has an incomplete fingertip or has three sound fingers of the left hand and has sound palms may apply for a motor vehicle driver's license for small automobiles, small automatic gearshift automobiles, low-speed trucks or three-wheeled automobiles;
(6) lower limbs: an applicant's lower limbs shall be sound and able to function normally, and any difference between both limbs in length may not exceed 5 cm; however, an applicant who lacks a left lower limb or has lost the ability to move his or her left lower limb may apply for a motor vehicle driver's license for small automatic gearshift automobiles;
(7) trunk and neck: no movement disorder; and
(8) an applicant who lacks a right lower limb or both lower limbs or has lost the ability to move the right lower limb or both lower limbs but is able to sit and stand independently and whose upper limbs comply with the provisions in Sub-item 5 of this item may apply for a motor vehicle driver's license for small automatic gearshift passenger automobiles for the handicapped; an applicant who lacks one palm and has complete thumb and other two fingers in the other hand and can normally move his or her upper limbs and fingers, and whose lower limbs comply with provisions in Sub-item 6 of this item may apply for a motor vehicle driver's license for small automatic gearshift passenger automobiles for the handicapped.

Article 13 A person falling under any of the following circumstances may not apply for a motor vehicle driving license:
1. the person suffers from any disease affecting driving safety, including structural heart disease, epilepsy, Meniere's disease, vertigo, hysteria, paralysis agitans dementia, mental illness, dementia, and nervous system diseases affecting the movement of limbs;
2. the person has taken or injected any drug within the latest three years, or it has not been three years since the measures for compulsory isolated drug rehabilitation were removed, or the person has yet to recover from addiction to any dependence-causing psychotropic drug that he or she has taken for a long period of time;
3. the person runs away from the scene after causing a traffic accident, which constitutes a criminal offense;
4. the person has caused a major traffic accident for driving a motor vehicle after drinking alcohol or driving while intoxicated, which constitutes a criminal offense;
5. it has not been five years since the person's motor vehicle driving license is revoked in accordance with the law because he/she drives a motor vehicle while intoxicated or drives an operating motor vehicle after drinking alcohol;
6. it has not been ten years since the person's motor vehicle driving license is revoked in accordance with the law because he/she drives an operating motor vehicle while intoxicated;
7. it has not been two years since the person's motor vehicle driving license is revoked in accordance with the law for any other cause;
8. it has not been three years since the person's driving permit is cancelled in accordance with the law; or
9. The person falls under other circumstances provided by laws and administrative regulations.
If a person drives a motor vehicle without obtaining a motor vehicle driving license and commits any of the acts under Items 5 to 7, Paragraph 1 hereof, the person may not apply for a motor vehicle driving license within the specified time limit.

Article 14 An applicant applying for a motor vehicle driving license for the first time may apply for a motor vehicle driving license for urban buses, large trucks, small automobiles, small automatic gearshift automobiles, low-speed trucks, three-wheeled automobiles, small automatic gearshift passenger automobiles for the handicapped, ordinary three-wheeled motorcycles, ordinary two-wheeled motorcycles, mopeds, wheeled automotive mechanic vehicles, trolley buses or trams.
An applicant applying for a motor vehicle driving license for the first time at his or her place of temporary residence may apply for a motor vehicle driving license for small automobiles, small automatic gearshift automobiles, low-speed trucks, three-wheeled automobiles, small automatic gearshift passenger automobiles for the handicapped, ordinary three-wheeled motorcycles, ordinary two-wheeled motorcycles or mopeds.

Article 15 As to a motor vehicle driver's license holder who applies for adding any permitted type of vehicles, his or her traffic offense score may not reach 12 in either the current scoring period when the application is made or in the previous scoring period. If the applicant applies for adding medium-sized passenger buses, towing vehicles and large passenger buses as the permitted types of vehicles, he or she shall also meet the following provisions:
1. if the applicant applies for adding medium-sized passenger buses as a permitted type of vehicles, he or she shall have been qualified to drive urban buses, large trucks, small automobiles, small automatic gearshift automobiles, low-speed trucks or three-wheeled automobiles for three or more years, and his or her traffic offense score is less than 12 in each of the latest three consecutive scoring periods prior to the application;
2. if the applicant applies for adding towing vehicles as a permitted type of vehicles, the applicant shall have been qualified to drive medium-sized passenger buses or large trucks for three or more years, or have been qualified to drive large passenger buses for one or more years, and his or her traffic offense score is less than 12 in each of the latest three consecutive scoring periods prior to the application;
3. if the applicant applies for adding large passenger buses as a permitted type of vehicles, the applicant shall have been qualified to drive urban buses, medium-sized passenger buses or large trucks for five or more years, or have been qualified to drive towing vehicles for two or more years, and his or her traffic offense score is less than 12 in each of the latest five consecutive scoring periods prior to the application; and
A student who is accepting full-time vocational driving education and has acquired the qualification for driving small automobiles and whose traffic offense score does not reach 12 in either the current scoring period when the application is made or in the previous scoring period may apply for adding large passenger buses and towing vehicles as the permitted types of vehicles.

Article 16 A person falling under any of the following circumstances may not apply for adding large passenger buses, towing vehicles, urban buses, medium-sized passenger buses and large trucks as the permitted types of vehicles:
1. the person is held equally liable as or more seriously liable than other parties for a traffic accident causing any death;
2. the person drives a motor vehicle while intoxicated; or
3. it has not been ten years since the person had his motor vehicle driver's license revoked or cancelled.

Article 17 Holders of military or armed police motor vehicle driving licenses or overseas motor vehicle driving licenses may apply for motor vehicle driving licenses for the corresponding permitted types of vehicles if they meet the relevant application conditions under these Provisions.

Article 18 An applicant applying for a motor vehicle driver's license shall submit his or her application to a vehicle administrative office in accordance with the following provisions:
1. where the applicant resides at the place of his or her permanent household registration, he or she shall submit his or her application to the vehicle administrative office at such place;
2. where the applicant resides at a place other than the place of his or her permanent household registration, he or she may submit an application to the vehicle administrative office at his or her place of residence;
3. where the applicant is a serviceperson (including an armed policeman) in active service, he or she shall submit his or her application to the vehicle administrative office at his or her place of residence;
4. where the applicant is a person from overseas, he or she shall submit his or her application to the vehicle administrative office at his or her place of abode or place of residence; and
5. where the applicant applies for adding any new permitted type of vehicles, he or she shall submit his or her application to the vehicle administrative office at the place where the motor vehicle driver's license that he or she holds is issued; and
6. where the applicant receiving full-time vocational driving education applies for adding large passenger buses and towing vehicles as the permitted types of vehicles, he or she shall submit his or her application to the vehicle administrative office at the place where he or she receives the education.

Article 19 An applicant applying for a motor vehicle driving license for the first time shall fill in an application form and provide the following certification:
1.
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