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中华人民共和国道路交通安全法(2011修订)<英译版>

发布日期:2018-08-20

中华人民共和国道路交通安全法(2011修订)<英译版>

英文版

Road traffic Safety law of the People's Republic of China (at the fifth meeting of the Standing Committee of the National People's Congress on October 28, 2003, the First Amendment to the decision of the 31st meeting of the Standing Committee of the NPC of December 29, 2007 on amending the Road Traffic Safety Law of the PRC)

 

Second Amendment to the decision to amend the Law on Road traffic Safety of the People's Republic of China, 11th session of the Standing Committee of the NPC at its 20th meeting, April 22, 2011

 

Directory

Chapter I. GENERAL PROVISIONS

Chapter II Vehicles and drivers

The first section of motor vehicles, non-motor vehicles

Section II Motor vehicle drivers

Chapter III Road Traffic conditions

Fourth chapter Road Traffic regulations

Section I. GENERAL PROVISIONS

Section II Regulations on motor vehicle traffic

Section III Non-motor vehicle pass regulations

Section fourth pedestrian and passenger traffic regulations

Section Fifth special provisions for highways

Fifth chapter traffic Accident treatment

Sixth chapter law Enforcement supervision

Seventh chapter Legal liability Eighth Chapter Annex

Chapter I. GENERAL PROVISIONS

    This law is enacted in order to maintain the road traffic order, to prevent and reduce traffic accidents, to protect personal safety, to protect the property safety and other lawful rights and interests of citizens, legal persons and other organizations, and to improve the efficiency of the passage.

    The vehicle drivers, pedestrians, motorists and the units and individuals associated with road traffic activities in the People's Republic of China shall comply with this law.

    The third Road traffic safety work, should follow the principle of managing according to law and convenient to the masses, ensure road traffic orderly, safe and unimpeded.

    The people's Governments at all levels shall ensure that road traffic safety management is compatible with economic construction and social development.

    The local people's governments at or above the county level shall adapt to the needs of road traffic development, formulate the road Traffic Safety Management plan and organize the implementation according to the laws, regulations and relevant policies of the road traffic safety. Fifth the State Council Public Security Department is responsible for national road traffic safety management work.

    The Traffic management Department of the local people's governments at or above the county level shall be responsible for the road traffic safety management in their administrative areas.

    Traffic and construction management departments of people's Governments at or above the county level shall be responsible for the relevant road traffic work according to their respective duties.

    Sixth the people's Governments at all levels shall regularly carry out road traffic safety education to improve citizens ' awareness of road traffic safety.

    The traffic management departments of public security organs and their traffic policemen shall, when carrying out their duties, strengthen the publicity of the laws and regulations on road traffic safety and follow the laws and regulations of road traffic safety.

    Institutions, forces, enterprises and institutions, social organizations and other organizations shall conduct road traffic safety education for the personnel of the units.

    The education Administrative department and the school should incorporate the road traffic safety education into the legal education content.

    The relevant units, such as news, publishing, broadcasting and television, have the obligation to carry out road traffic safety education.

 

Seventh the road Traffic safety management work, should strengthen the scientific research, the promotion, the use Advanced management method, the technology, the equipment.

 

Chapter II Vehicles and drivers

 

The first section of motor vehicles, non-motor vehicles Eighth the state to implement the registration system for motor vehicles. The motor vehicle shall be on the road after registration by the Traffic Management Department of the public Security organ.

    Vehicles that have not yet been registered need to be temporarily on the road and shall have access to temporary license.

    Nineth Application for Motor vehicle registration, the following certificates shall be submitted:

    (i) Identification of all motor vehicle owners;

    (ii) Proof of the origin of the motor vehicle;

    (iii) the vehicle factory qualified certificate or import certificate of imported motor vehicle;

    (iv) duty-paid certificates or tax exemption certificates for vehicle purchase taxes;

    (v) Other certificates and vouchers which are required by laws and administrative regulations to be submitted at the time of registration of motor vehicles.

    The Traffic management Department of the Public security organ shall complete the examination of motor vehicle registration within five working days from the date of acceptance of the application, and shall issue the motor Vehicle registration certificate, the plate plate and the driving permit if the conditions stipulated in the preceding paragraph are met

    No unit or individual other than the traffic management Department of the Public security organ may issue motor vehicle plates or require motor vehicles to hang other plates, except as otherwise provided in this law.

    The model of Motor vehicle registration certificate, plate plate and driving permit shall be stipulated and supervised by the Public Security Department of the State Council. Tenth a motor vehicle permitted to be registered shall conform to the technical standards of national safety of motor vehicles. When applying for motor vehicle registration, it shall accept the safety technical examination of the motor vehicle.

  However, by the National Motor Vehicle Product Department According to the National Safety standards for motor vehicles, the production of motor vehicles, the model of the new car at the factory by testing in line with the National safety technical standards of motor vehicles, access to inspection certificates, exemption from safety technology testing.

  11th driving a motor vehicle on the road, it shall hang the motor vehicle plate, place the inspection mark and the insurance mark, and carry the vehicle driving permit with the vehicle.

    The motor vehicle plate shall be suspended and kept clear and complete in accordance with the regulations and shall not be deliberately obscured or defaced.

    No unit or individual shall confiscate or detain the motor vehicle plate.

    12th one of the following circumstances, the corresponding registration shall be handled:

    (a) The transfer of ownership of motor vehicles;

    (b) Changes in the contents of motor vehicle registration;

    (iii) The use of motor vehicles as collateral;

    (iv) Motor vehicle scrap. 13th the motor vehicles registered on the road after the registration shall, in accordance with the provisions of the laws and administrative regulations, carry out regular safety technical inspection according to the different situations of vehicle use, carrying quantity and service life. For the provision of motor vehicle driving license and motor vehicle Third party liability compulsory insurance policy, the Motor Vehicle Safety technology inspection institutions shall be inspected, any unit may not attach other conditions.

    In accordance with the technical standards of national safety of motor vehicles, the Traffic Management Department of Public Security organs shall issue inspection certificates. To implement the socialization of the safety technical inspection of motor vehicles.

    The specific measures shall be stipulated by the State Council.

    Where the safety technical inspection of motor vehicles is socialized, no unit shall require the motor vehicle to be inspected at a designated place.

    The Traffic management Department of the Public security organ and the Motor Vehicle Safety Technical Inspection Organization shall not require the motor vehicle to be repaired and maintained at the designated place.

    If the Motor Vehicle Safety Technical inspection institution collects the fees for the motor vehicle inspection, it shall strictly implement the charging standard approved by the price competent department of the State Council.

    14th the state implements the compulsory motor vehicle scrapping system, according to the Motor Vehicle safety technical condition and the different use, stipulates the different scrap standard.

    The motor vehicle shall be scrapped and registered in time. Motor vehicles that have reached the scrap standard are not allowed to travel on roads.

    The scrapped large passenger, lorry and other operating vehicles shall be dissolved under the supervision of the Traffic Management Department of the Public Security organs. The 15th police car, fire engine, ambulance, engineering rescue vehicle shall spray the logo pattern according to the stipulation, install the siren, the sign lamp.

    Other motor vehicles may not spray, install, use the vehicle or similar to the special logo, siren or logo lamps.

    Police cars, fire engines, ambulances and engineering rescue vehicles shall be used in strict accordance with the prescribed use and conditions.

    The special vehicles for highway supervision and inspection shall set up uniform signs and warning lights in accordance with the provisions of the road law.

    16th any unit or individual may not have the following acts:

    (a) assembling motor vehicles or altering the registered structure, structure or characteristics of motor vehicles without authorization;

    (b) Change the motor vehicle type, engine number, frame number or vehicle identification code;

    (iii) Forging, altering or using forged or altered motor vehicle registration certificates, plate plates, driving permits, inspection marks and insurance marks;

    (iv) The use of other motor vehicle registration certificate, plate, driving permit, inspection of qualified signs, insurance signs. 17th The State shall implement the third Party liability compulsory insurance system for motor vehicles and set up a social rescue fund for road traffic accidents.

    The specific measures shall be stipulated by the State Council.

    18th a non-motor vehicle that should be registered according to law shall be on the road after registration by the Traffic Management Department of the public Security organ.

    The types of non-motorized vehicles that should be registered according to law shall be prescribed by the local people's governments in provinces, autonomous regions and municipalities.

 

Non-motor vehicle dimensions, quality, brakes, bell and night reflective devices shall conform to the safety technical standards of non-motor vehicles.

 

Section II Motor vehicle drivers

    19th driving a motor vehicle, the driver's license shall be obtained by law.

    The application for a motor vehicle driver's license shall be in accordance with the conditions of driving license stipulated by the Public Security Department of the State Council;

    A person holding a driving license for an overseas motor vehicle, in accordance with the conditions of driving license prescribed by the Public Security Department of the State Council, may issue a driver's license to China by passing the examination by the Traffic management department.

    The driver shall drive a motor vehicle in accordance with the driver's license, and shall carry a driver's license when driving a motor vehicle.

    Any unit or individual other than the traffic management Department of the public security organ shall not confiscate or detain the motor vehicle driver's license.

    20th the driving training of motor vehicles is socialized, the competent department of Transport shall carry out the qualification management of driving training schools and driving training courses, in which the specialized tractor driving training school and driving training course shall be administered by the competent department of agricultural (agricultural machinery).

    Driving training schools, driving courses should be in strict accordance with the relevant provisions of the State, the participants in road traffic safety laws, regulations, driving skills training, to ensure the quality of training. No State organs and driving training and examination authorities shall hold or participate in the conduct of driving training schools and driving training courses.

21st A motorist drives a motor vehicle on a road before driving, it shall inspect the safety technical performance of the motor vehicle carefully, and shall not drive a vehicle with safety hazards such as incomplete safety facilities or mechanical parts that do not meet the technical standards.

    22nd a motor vehicle driver shall comply with the provisions of the laws and regulations on road traffic safety, safe driving and civilized driving in accordance with the operating norms.

    Drinking alcohol, taking state-controlled psychotropic drugs or narcotics, or having a disease that interferes with the safe driving of a motor vehicle, or excessive fatigue that affects safe driving, may not drive a motor vehicle.

    No person shall compel, instigate or condone the driving of a motor vehicle in contravention of road traffic safety laws, regulations and motor vehicle safety driving requirements.

    23rd the Traffic Management Department of the Public Security organs shall, in accordance with the provisions of the laws and administrative regulations, carry out regular auditing of motor vehicle driving licences. 24th The Traffic Management Department of the public security organ violates the traffic safety laws and regulations of the motor vehicle drivers, the cumulative scoring system shall be carried out in addition to the administrative punishment given by law.

    The Traffic management Department of the public security organ shall detain the motor vehicle drivers who have reached the specified score by the cumulative score, and carry out the education of the road Traffic safety laws and regulations, and re-examine the examinations, and refund their motor vehicle driving license. For the compliance with road traffic safety laws, regulations, in a year without cumulative points of motor vehicle drivers, can extend the license of motor vehicles to the check-in period.

 

The specific measures shall be stipulated by the Public Security Department of the State Council.

 

Chapter III Road Traffic conditions

    25th the national implementation of a unified road traffic signals.

    Traffic signals include traffic lights, traffic signs, traffic markings and traffic police conductors.

    Traffic lights, traffic signs, traffic markings should be set up in line with road traffic safety, smooth requirements and national standards, and maintain clear, eye-catching, accurate and intact. According to the prevailing needs, the road traffic signal should be added, exchanged and updated in time.

    The establishment, replacement and renewal of restrictive road traffic signals should be announced to the public in advance and widely publicized. The 26th traffic signal is made up of red light, green light and yellow light.

    Red light means no traffic, green light means permission, yellow light indicates warning. The 27th Railway and road intersection, should be set up warning lights, warning signs or safety protection facilities.

    A warning sign must be set at a certain distance from the intersection of the railway crossing which is unguarded.

    28th any unit or individual shall not arbitrarily set up, move, occupy, damage traffic lights, traffic signs, traffic markings.

    The trees or other plants planted on both sides of the road and on the isolation belt shall maintain the necessary distance from the traffic facilities and shall not obstruct the safety visual range, and shall not affect the passage, if the billboards and pipelines are set up.

    29th Road, car park and road supporting facilities planning, design, construction, should be consistent with road traffic safety, smooth requirements, and timely adjustment according to traffic needs.

    The Traffic management Department of the public Security organ finds that the road that has been put into use has frequent traffic accidents, or there are serious hidden dangers of traffic safety in the car park or road supporting facilities, should report to the local people's government in time, and put forward suggestions to prevent traffic accidents and eliminate hidden dangers, the local people's

    30th road collapse, pit, water damage, uplift and other damage or traffic lights, traffic signs, traffic markings and other traffic facilities damaged, lost, road, transport facilities, maintenance departments or management departments should set warning signs and timely repair.

If the traffic management Department of the public security organ discovers the preceding paragraph, endangers traffic safety and has not set up warning signs, it shall take timely measures to divert traffic and inform the Maintenance department or management Department of road, traffic facilities.

  31st without permission, no unit or individual may occupy the road to engage in traffic-less activities.

    32nd because the construction of the project needs to occupy, excavate the road, or to span, cross the road erection, additional pipeline facilities, should obtain the approval of the road competent authorities, the impact of traffic safety, the public security authorities should also obtain the consent of Traffic Management department. Construction work units shall be in the approved road sections and time within the construction work, and in the distance from the construction site to the vehicle direction safe distance to set the obvious safety warning signs, take protective measures; the completion of the construction work, should quickly clear the road obstacles to eliminate security risks,

    The Traffic management Department of the Road department and the public security organ shall be able to resume the passage after the acceptance of the pass is complied with.

    The Traffic management Department of the Public security organ shall strengthen the traffic safety supervision and inspection and maintain the road traffic order for the construction work road without interruption of traffic.

    33rd a new building, alteration, expansion of public buildings, commercial blocks, residential areas, large (medium)-type buildings, etc., shall be built, additional car parks, parking spaces should be rebuilt or expanded in a timely manner, and the parking lot shall not be used or diverted for his use.

    Within the scope of the urban road, the relevant government departments may impose parking spaces without affecting the traffic of pedestrians or vehicles.

    34th schools, kindergartens, hospitals, nursing homes in front of the road without pedestrian crossing facilities, should be zoned zebra crossing line, set hint signs. The sidewalks of the main roads of the city shall be blind according to the planning.

 

Blind should be set up in accordance with national standards.

 

Fourth chapter Road Traffic regulations

 

Section I. GENERAL PROVISIONS

    35th motor Vehicles, non-motorized vehicles to carry out the right pass. 36th according to the road conditions and traffic needs, the road is divided into motorways, non-motor vehicles and sidewalks, motor vehicles, non-motorized vehicles, pedestrians, the implementation of traffic separation.

    There are no motorways, no motorways and sidewalks, and motor vehicles are in the middle of the road, and non-motorized vehicles and pedestrians pass on both sides of the road.

    37th the road is designated as a special lane, in the special lane, only the prescribed vehicles are permitted to pass, and no other vehicle shall enter the lane.

    38th a vehicle, pedestrian shall be in accordance with traffic signals, in the event of traffic police command at the scene, should be in accordance with the command of traffic police, in the absence of traffic signals on the road, should be in order to ensure that the principle of safety and smooth passage. 39th the Traffic Management Department of the Public Security organ may, according to the specific conditions of the road and traffic flow, take measures to divert, restrict and prohibit the passage of motor vehicles, non-motorized vehicles and pedestrians.

    In case of large mass activities, large-scale construction and other circumstances, the need to take measures to restrict traffic, or to make a direct decision with the public road traffic activities, should be announced to the community in advance.

    40th when a natural disaster, bad weather conditions or major traffic accidents seriously affect traffic safety, other measures are difficult to ensure traffic safety, the Traffic management Department of Public Security organs can implement traffic control. 41st the other specific provisions relating to road traffic shall be stipulated by the State Council.

Section II Regulations on motor vehicle traffic 42nd a motor vehicle on the road, shall not exceed the speed limit marked the highest speed.

    In the section without speed limit signs, the safe speed should be maintained.

    Driving at night or on dangerous roads, and when weather conditions such as dust, hail, rain, snow, fog and icing, should be lowered. 43rd a motor vehicle travelling in the same lane, the rear vehicle shall be kept to a safe distance sufficient to take emergency braking measures.

    No overtaking shall be made in one of the following circumstances:

    (a) the front of the vehicle is turning left, turn around and overtake;

    (b) with the opposite to the car there is passing possible;

    (c) vehicles, fire engines, ambulances, and engineering emergency trucks for carrying out urgent tasks in front of the vehicle;

    (d) There are no overtaking conditions through railway crossings, intersections, narrow bridges, bends, steep slopes, tunnels, pedestrian crossings and large urban traffic flows.

    44th a motor vehicle through the intersection, shall be in accordance with traffic lights, traffic signs, traffic markings or traffic police to pass the command, through the absence of traffic lights, traffic signs, traffic markings or traffic police command of the intersection, should slow down, and let pedestrians and priority vehicles first.

    45th a motor vehicle in front of the vehicle parking queue waiting or slow driving, not transiting overtaking or occupy the opposite lane, not to be interspersed with waiting vehicles.

    The motor vehicle shall be alternately followed in a reduced lane, at a junction, or when there is no traffic light, traffic sign, traffic mark, or intersection at a traffic police conductor crossing.

    46th when the motor vehicle passes through the railroad crossing, it shall be in accordance with the traffic signal or the command of the management personnel; no traffic signals or management personnel, should slow down or stop, after the confirmation of safety through.

    47th a motor vehicle passes through the crosswalk, it shall slow down and when the pedestrian is passing through the crosswalk, he shall stop to make the line.

    When a motor vehicle passes a road without a traffic signal, the pedestrian crossing the road shall avoid it.

    48th a motor vehicle shall be in accordance with the approved quality of the load, is strictly prohibited overload, the length, width and height of the load shall not violate the requirements of loading, shall not be spilled, and the drift of the carriage. If the motor vehicle carries the exceeding limit of the goods, which affects the traffic safety, it shall be carried out in accordance with the time, route and speed specified by the Traffic Management Department of the public security organ and hang the obvious sign.

    The carrying out of a restricted and irrevocable article on a highway shall be carried out in accordance with the provisions of the road law.

    Motor vehicles carrying explosives, flammable and explosive chemicals, and toxic, radioactive and other dangerous goods, should be approved by the public security organs, according to the specified time, route, speed, hanging warning signs and take the necessary safety measures.

    49th a vehicle shall not exceed the authorized number of persons, the passenger motor vehicle shall not violate the provisions of cargo.

    The 50th article prohibits the freight vehicle carrying passengers. If the freight vehicle needs to be attached to the operator, the safety measures shall be set for the protection of the workers.

51st when a motor vehicle is travelling, the driver and the person shall use the safety belt as stipulated, and the motorcycle driver and the passengers shall wear the security helmet according to the regulations.

    The 52nd motor vehicle fails on the road, when parking is required, the driver should immediately open the dangerous alarm flash, move the motor to the place that does not obstruct the traffic, and, if it is difficult to move, should keep on flashing the dangerous alarm flash, and set the warning mark in the direction of the vehicle to enlarge the warning distance, when necessary, to alarm quickly

    53rd police cars, fire engines, ambulances, engineering rescue vehicles to carry out emergency tasks, you can use alarms, signs lamps and lanterns, under the premise of ensuring safety, not by the driving route, direction, speed and signal lights, other vehicles and pedestrians should be allowed to line.

    Police cars, fire engines, ambulances, engineering rescue vehicles do not carry out emergency tasks, the use of sirens, signs lamps, do not enjoy the preceding paragraph of the priority of road traffic rights.

    54th the road maintenance vehicle, the project work vehicle carries on the operation, does not affect the passing vehicle passes the premise, its traveling route and the direction is not subject to the traffic sign, the marking limit, the passing vehicle and the personnel should pay attention to the avoidance.

    Trucks, cleaning vehicles and other motor vehicles should be in accordance with the safety standards of operation, without affecting the traffic of other vehicles, can not be driven by the traffic restrictions, but not the reverse driving. 55th Highway, medium and large cities in the center of the road, prohibit the passage of tractors.

    Other roads prohibited by tractors shall be provided by the local people's government according to the actual conditions in the provinces, autonomous regions and municipalities.

    On roads that allow tractors to pass, tractors can be used for freight, but not for manned. The 56th motor vehicle shall be parked at the specified place.

    It is prohibited to park a motor vehicle on the sidewalk, except in accordance with section 33rd of this law.

 

Temporary parking on the road shall not obstruct the passage of other vehicles and pedestrians.

 

Section III Non-motor vehicle pass regulations 57th driving a non-motorized vehicle on the road shall comply with the relevant traffic safety regulations.

    Non-motor vehicles should be in the non-motorway lane, on the road without a motorway, should rely on the right side of the roadway driving.

    58th the disabled mobile wheelchair, electric bicycle in the non-motorway driving, the maximum speed must not exceed 15 kilometers. 59th Non-motor vehicles shall be parked at the specified place.

    Where no parking place is provided, non-vehicle parking shall not obstruct the passage of other vehicles and pedestrians. 60th control animal vehicles, should use tame livestock, master animal car cross Aisle Road, the driver should get off traction livestock, the driver to leave the vehicle should be tied to livestock.

Section fourth pedestrian and passenger traffic regulations

    61st pedestrians should walk on the sidewalk and walk by the roadside without sidewalks.

    62nd pedestrians pass the intersection or cross the road, they shall take the crosswalk or cross street facilities, pass the pedestrian crossing with traffic lights, shall follow the directions of traffic lights, pass through the road without traffic lights, crossings, or cross roads in sections without crossing facilities, and shall pass after the confirmation of safety.

    63rd The pedestrian shall not cross or sit on the road isolation facilities, and shall not drop, forcibly stop the vehicle or carry out other acts which hinder the road traffic safety.

    64th a pre-school child and a mentally ill person who is unable to identify or control his or her behaviour, and a person with mental retardation, passes on the road, shall be led by a guardian, a trustee entrusted by the Guardian or someone who has the responsibility for the management and protection.

    If a blind person is on the road, he or she shall use a blind rod or other means of guidance, and the vehicle shall avoid blindness.

    65th the pedestrian passes through the railroad crossing, it shall be in accordance with the traffic signals or the command of the management personnel; no traffic signals and managers shall be passed quickly after the confirmation of the absence of a train.

 

66th A motorist shall not carry dangerous articles such as inflammable and explosive, and shall not throw articles outside the vehicle, and shall not have any effect on the driver's safe driving behavior.

 

Section Fifth special provisions for highways 67th, pedestrians, non-motorized vehicles, tractors, wheeled special-purpose mechanical vehicles, articulated passenger cars, trailer cars and other design of the highest speed of less than 70 kilometers of motor vehicles, shall not enter the expressway.

    The expressway speed limit sign indicates a maximum speed of no more than 120 km.

    68th when a motor vehicle fails on the expressway, it shall be handled in accordance with the relevant provisions of article 52nd of this Law; However, the warning sign should be set in the fault car to the car in the direction of 150 meters away, the vehicle personnel should be quickly transferred to the right shoulder or emergency lane, and quickly alarm.

    If a motor vehicle fails or is not able to travel normally on a freeway, it shall be towed and pulled by a rescue vehicle or a wrecker.

 

69th any unit or individual shall not intercept the vehicles on the expressway, except for the public security organs ' policemen carrying out their emergency duties according to law.

 

Fifth chapter traffic Accident treatment 70th a traffic accident occurs on the road, the driver of the vehicle shall immediately stop and protect the scene, and the driver of the vehicle shall immediately rescue the injured person and report promptly to the traffic police or the Traffic management Department of the public security organ on duty. Where the injured person changes the scene, the position shall be marked.

    The motorist, the passing vehicle driver and the passing pedestrian shall be assisted.

    If there is a traffic accident on the road, no personal casualties, the parties to the facts and the cause of the dispute, can be evacuated from the scene, the resumption of traffic, to deal with the issue of damage compensation; If you do not evacuate the scene immediately, you should promptly report the traffic police or the Traffic management Department of the If there is a traffic accident on the road, which only causes minor property loss and the basic facts are clear, the parties concerned should first evacuate the scene and then conduct the consultation process.

The 71st vehicle escapes after the traffic accident, the accident scene eyewitness and other informed personnel should report to the public Security Organ Traffic Management department or the traffic police.

    If the report is true, the traffic management Department of the Public security organ shall give rewards.

    72nd the Public Security organs Traffic Management Department receives the traffic accident alarm, should send the traffic police immediately to the scene, organizes the rescue injured personnel first, and takes the measure, restores the traffic as soon as possible.

    Traffic police shall carry out investigation, inspection and collection of evidence in the scene of traffic accidents, and may detain accident vehicles for the purposes of collecting evidence, but they shall be kept in good keeping for verification. The Traffic management Department of the Public Security organ shall entrust the specialized agencies with the examination of the subjects ' physical and mental conditions.

    The identification conclusion shall be signed by the appraiser. 73rd the Traffic Management Department of the Public Security organ shall, in accordance with the investigation, inspection, investigations and relevant inspection and appraisal conclusions of the traffic accident scene, make the traffic accident identification book in time as evidence for handling traffic accidents.

    The traffic accident cognizance book should contain the basic facts, causes and the responsibility of the parties, and serve the parties.

    74th the dispute of the traffic accident damages, the parties may request the Traffic Management Department of the Public Security organs to mediate, or they may bring the civil action directly to the People's Court.

    The parties may bring a civil action to the People's Court after conciliation by the Traffic Management Department of the public security organ, if the parties do not reach an agreement or do not perform the conciliation book. 75th a medical institution shall rescue the injured personnel in a traffic accident in time, and shall not delay the treatment because the salvage costs are not paid in time. Where the vehicle involved in the third party liability compulsory insurance, the insurance company shall pay the salvage cost within the limits of liability; If the salvage cost exceeds the limit of liability, the third party is not involved in the compulsory insurance or the escaping after the accident, the social rescue fund of the road traffic accident advances some or all the salvage expenses

    The administrative organization of the Social Rescue Fund of road traffic accident has the right to recover from the traffic accident liable person.

    76th a motor vehicle has a traffic accident causing bodily injury or loss of property, the insurance company shall pay compensation within the limits of the third party liability compulsory insurance Liability of the motor vehicle; the insufficient part shall bear the liability according to the following provisions:

    (a) If there is a traffic accident between motor vehicles, the party with the fault shall bear the liability for compensation; the parties have faults and share the responsibility according to the proportion of their faults. (ii) Motor vehicles and non-motor vehicle drivers, traffic accidents between pedestrians, non-motor vehicle drivers, pedestrians without fault, by the motor vehicle side to bear the liability; There is evidence that non-motor vehicle drivers, pedestrians have fault, according to the degree of fault to reduce the liability of the motor vehicle side; The motor vehicle has no fault,

    Bear no more than 10% of the liability.

    The loss of traffic accidents is caused by the unintentional collision of motor vehicles by non motor vehicle drivers and pedestrians, and the side of the motor vehicle is not liable for compensation.

 

77th a vehicle occurs outside the road when the accident occurred, the public security organs Traffic Management Department received the report, refer to the relevant provisions of this law for processing.

 

Sixth chapter law Enforcement supervision

    78th the Traffic Management Department of Public Security organs shall strengthen the management of traffic policemen, improve the quality of traffic policemen and manage the level of road traffic. The Traffic management Department of the public security organ shall train and examine the traffic policemen in the legal system and traffic safety management business.

    If the traffic police fail to pass the examination, they shall not perform duties.

    79th the Traffic Management Department of the Public Security organ and its traffic police implement the road traffic safety management, they should simplify the formalities according to the statutory authority and procedure, and do justice, strict, civilized and efficient. 80th the traffic police perform their duties, they shall dress in accordance with the regulations, wear the people's police signs, hold the people's police documents, keep Rijon neat, dignified and commanding norms.

81st in accordance with this Law issued license and other charges, should strictly enforce the State Council price competent department of the approved fee standards, and all turned over to the national treasury.

    82nd the administrative penalty for enforcing fines by the Traffic Management Department of the public security organ in accordance with the relevant laws and administrative regulations, the penalty shall be separated from the fines collected and the fines collected and the illegal proceeds confiscated by law shall be surrendered to the national treasury.

    83rd a traffic police investigation to deal with road traffic safety violations and traffic accidents, one of the following circumstances, should be avoided:

    (a) is a party to the case or a close relative of the Party concerned;

    (b) I or his near relatives have an interest in the case;

    (c) Other relations with the parties to the case may affect the impartial treatment of the case.

    84th the administrative law enforcement activities of the Traffic Management Department of the Public Security organs and the traffic policemen shall be supervised by the administrative supervision organs according to law.

    The supervision departments of public security organs shall supervise the traffic management departments of public security organs and their traffic policemen in accordance with the laws, regulations and rules.

    The Traffic management Department of the higher Public security organ shall supervise the law enforcement activities of the Traffic Management Department of the subordinate Public security organs.

    85th the traffic management Departments of public security organs and their traffic policemen perform their duties, they shall consciously accept the supervision of society and citizens. Any unit or individual shall have the right to report and accuse the traffic management department of the Public Security organs and the traffic policemen for not enforcing the law strictly and violating the laws and regulations.

    The organ which receives the accusation or accusation shall be dealt with promptly according to the duty.

    86th No unit shall give the Traffic management Department of the public Security organ a fine index or in disguise; the Traffic management department of the public security organ shall not use the amount of fines as the standard for assessing traffic policemen.

 

The Traffic management Department of the Public Security organ and its traffic police shall have the right to refuse execution and report to the higher authorities at the same time, in order to exceed the laws and regulations.

 

Seventh chapter Legal liability

    87th the Traffic Management Department of the Public Security organ and its traffic police shall rectify the illegal acts of road traffic safety in time. The Traffic management Department of the Public Security organ and its traffic police shall punish the illegal acts of road traffic safety according to the facts and the relevant provisions of this law.

    For the minor plot, does not affect the road traffic, pointed out the violation, give verbal warning after release.

    88th the types of penalties for road traffic safety violations include: Warning, fine, temporary deduction or revocation of motor vehicle driver's license, detention.

    89th a pedestrian, a motorist, a non-motor vehicle driver violates the road traffic safety laws and regulations concerning the road pass regulations, a warning or a fine of less than 50 yuan of five yuan or more; a non-motor vehicle driver who refuses to receive a fine penalty may detain its non-motorized vehicle. 90th a motor vehicle driver violates the road traffic safety laws and regulations concerning the road pass regulations, it shall be warned or fined below 200 yuan or more than 20 yuan. Where otherwise provided in this law, penalties shall be imposed in accordance with the provisions.

  98th a motor vehicle owner or administrator has not insured the third party liability compulsory insurance in accordance with the provisions of the State, the Traffic Management Department of the public security organ shall detain the vehicle until it has been insured in accordance with the regulations and be fined twice times the premium payable in accordance with the minimum liability limit insured. The fines paid in accordance with the preceding paragraph are all included in the Social Assistance Fund for road traffic accidents.

    The specific measures shall be stipulated by the State Council.

    99th any of the following acts shall be fined by the Traffic management Department of the public security organ for more than 2000 yuan of 200 yuan or less:

    (a) not obtain a motor vehicle driver's license, motor vehicle driver's license is revoked or motor vehicle driver's license is suspended during the period of driving a motor vehicle;

    (b) The motor vehicle shall be driven by a person who has not obtained a motor vehicle's driving licence or a motor vehicle driver's license revoked or withheld;

    (iii) A traffic accident after escaping, does not constitute a crime;

    (iv) Motor vehicles exceeding the specified speed of 50%;

    (e) Forcing motorists to drive vehicles in violation of road traffic safety laws, regulations and safety driving requirements of motor vehicles, causing traffic accidents and not constituting a crime;

    (vi) Forcible passage of traffic control provisions and not to be discouraged;

    (vii) Intentionally damaging, moving, altering traffic facilities, causing harmful consequences and not constituting a crime;

    (eight) Illegal interception, detention of motor vehicles, not to listen to discourage, causing serious traffic congestion or large property losses.

    Where the perpetrator has one of the second and fourth cases in the preceding paragraph, the motor vehicle driver's license may be revoked, and one of the first, third, fifth and eighth cases may be detained under 15th.

    100th a motor vehicle which is driven by assembling or has reached a vehicle on which the standard is scrapped, the Traffic management Department of the Public security organ shall collect and forcibly scrap it.

    For motorists driving on the road listed in the preceding paragraph, a fine of $200 above $2000 shall be imposed and the motor vehicle driver's license revoked. Where the sale of a motor vehicle that has reached the scrap standard is forfeited, the penalty for the sale is equal to that of the motor vehicle in accordance with the provisions of the first paragraph of this article.

101th violations of road traffic safety laws and regulations, the occurrence of major traffic accidents, constitute a crime, criminal responsibility according to law, and the Public Security organs Traffic Management Department to revoke the driver's license.

    If a traffic accident escapes, the Traffic management Department of the Public Security organ shall revoke the motor vehicle driver's license and may not regain the driving license for life.

    102th of the six-month occurrence of more than two major traffic accidents have the main responsibility or all the responsibility of the professional transport units, by the public Security organs Traffic Management Department ordered to eliminate safety risks, not eliminate the safety hazards of motor vehicles, prohibited on the road.

    103th the National Motor Vehicle Product competent department does not strictly examine the technical standards of the national safety of motor vehicles, permits unqualified motor vehicles to be put into production, and gives administrative sanctions for demotion or dismissal to the responsible officer and other persons directly responsible. The motor vehicle type which the motor vehicle production enterprise permits to produce by the National Motor Vehicle Product competent department, does not carry out the national safety technical standard of the motor vehicle or does not strictly carry on the automobile product quality inspection, causes the quality unqualified motor vehicle to sell, by the quality Technical Supervision Department according to the People's Republic of

    The relevant provisions of the punishment.

    Unauthorized production and sale of motor vehicles without the permission of the state motor Vehicle product competent department, the confiscation of the finished goods and accessories of the illegal production and sale of motor vehicles, and the following fines of three times times more than five times times the value of the illegal products; a business license shall be revoked by the administrative department for Industry and Commerce without

    The production and sale of assembled motor vehicles or the production or sale of unauthorized motor vehicles shall be punished in accordance with the provisions of the third paragraph of this article.

    If there are any offences listed in the second, third and fourth paragraphs of this article, the production or sale of motor vehicles which do not conform to the national safety technical standards of motor vehicles, constituting a crime, shall be investigated for criminal liability.

    104th an unauthorized excavation of roads, occupation of road construction or other activities affecting road traffic safety shall be ordered by the competent department of the road to stop the illegal act and the restitution of the original condition shall be punishable by law, and the people, vehicles and other property in transit shall be liable for damages.

    In the event of the preceding paragraph, the Traffic Management Department of the Public Security organ may order the cessation of illegal acts and quickly resume traffic. 105th road construction work or road damage, not in time to set warning signs, not to take protective measures, or should be set up traffic lights, traffic signs, traffic markings without setting or should promptly change traffic lights, traffic signs, traffic markings and not timely changes, resulting in the passing of personnel,

    If the vehicle or other property suffers loss, the unit with relevant responsibility shall be liable for compensation according to law. 106th planting trees on both sides of the road and on the isolation belt, other plants or set up billboards, pipelines, etc., shielding street lights, traffic lights, traffic signs, obstruction of safety visual range, by the public Security organs Traffic Management Department ordered the perpetrator to remove the obstruction, refused to carry out, the 200 yuan above 2000 yuan below the fine, and forced to exclude obstruction,

    The required costs are borne by the perpetrator.

    The 107th article to the road traffic illegal person to give the warning, 200 yuan below fine, the traffic police may make the administrative punishment decision on the spot, and issue the administrative punishment decision book.

    The administrative penalty decision book shall contain the facts of the parties, the basis of the administrative punishment, the content of the punishment, the time, the place and the name of the punishment organ, and shall be signed or stamped by the law enforcement officers.

    108th Party shall pay a fine to the nominated bank within 15th from the date of receipt of the administrative penalty decision of the fine.

    If the parties have no objection to the fines imposed on pedestrians, motorists and non-motorized drivers, they may collect fines on the spot.

    The fine shall be issued by the financial departments of the provinces, autonomous regions and municipalities directly under the uniform system of fine receipts; The Parties shall have the right to refuse to pay a fine if they do not issue a uniform system issued by the financial department.

    109th the party who fails to perform the administrative punishment decision, the administrative organ that makes the administrative punishment decision may take the following measures:

    (a) If the penalty is not paid at maturity, the daily penalty is 3% plus;

    (b) Apply to the people's Court for enforcement.

    110th the traffic police who carry out their duties think that the penalty for the illegal traffic offence shall be withheld or revoked, the driver's license may be detained first and the case transferred to the Traffic Management Department of the public security organ within 24 hours. The illegal person of road traffic should be handled by the Traffic Management Department of the Public Security Bureau within 15th.

    If there is no valid reason for overdue treatment, the motor vehicle driver's license is revoked. If the traffic management Department of the public security organ suspends or revokes the motor vehicle driver's license, it shall issue an administrative penalty decision.

111th the administrative penalty for detention in violation of the provisions of this Law shall be adjudicated by the county, municipal Public Security Bureau, Public Security Bureau or the public security organ equivalent to the county level.

    112th the Traffic Management Department of the Public Security organ detains motor vehicles and non-motorized vehicles, it shall issue vouchers on the spot and inform the parties to receive treatment within the stipulated period to the Traffic Management Department of the Public Security organs.

    The Traffic management Department of the public security organ shall keep the vehicles detained and shall not use them.

    The detained vehicle shall be dealt with according to law if the overdue treatment is not received and the three-month notice is still not accepted.

    113th the period of temporary deduction of motor vehicle driver's license shall be calculated from the date when the punishment decision comes into effect

    After revoking the motor vehicle driver's license, apply for the time limit of the motor vehicle driving license, according to the Motor Vehicle driving license management rules. 114th the Traffic Management Department of the Public Security organs according to the traffic technology monitoring and recording data, the illegal motor vehicle owners or administrators can be punished according to law.

    Those who can determine the driver may be punished according to the provisions of this law.

    115th A traffic policeman has one of the following acts, he shall be given administrative sanction according to law:

    (a) To issue motor vehicle registration certificates, plate plates, driving permits and inspection marks for motor vehicles that do not meet the statutory requirements;

    (b) Approving the installation of motor vehicles that do not meet the statutory requirements, the use of police cars, fire engines, ambulances, engineering rescue vehicles, siren, logo lamps, spraying logo patterns;

    (c) To issue a driver's license for a person who does not meet the driving licence conditions, without an examination or an unqualified examination;

    (iv) Not to enforce a fine decision and a separation system for the collection of fines or to pay the national treasury all the fees collected in accordance with the law, the fines collected and the confiscated illegal proceeds;

    (e) Organizing or participating in the conduct of driving schools or driving training courses, motor vehicle repair shops or paying car parks, etc.;

    (vi) The use of duties to facilitate the receipt of the property of others or to seek other benefits;

    (vii) Illegally detaining vehicles, motor vehicle driving permits, driving licences and vehicle plates;

    (eight) The use of vehicles detained by law;

    (ix) Collecting fines on the spot without issuing a fine receipt or not truthfully filling in the fines;

    (10) Malpractice, unfair treatment of traffic accidents;

    (11) Deliberately, delaying the handling of motor vehicle license;

  &am

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