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Road Traffic Safety Law of the People’s Republic of China


Order No. 8 of the President of the People’s Republic of China

Date of Issuance 2003 10 28

Order of the President of the People’s Republic of China

(No. 8)

This is to promulgate the Road Traffic Safety Law of the People’s Republic of China which has

been adopted at the 5

October 28, 2003, which will be effective as of May 1, 2004.

th Meeting of the Standing Committee of the National People’s Congress on

Hu Jintao

President of the People’s Republic of China

2

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

Adopted at the 5

October 28, 2003

th Meeting of the Standing Committee of the National People’s Congress on

Contents

CHAPTER I GENERAL PROVISIONS 3

CHAPTER II VEHICLES AND DRIVERS 4

Section 1 Motor Vehicles and Non-motor Vehicles

4

Section 2 Motor Vehicle Drivers

CHAPTER III ROAD TRAFFIC CONDITIONS 8

CHAPTER IV PROVISIONS ON ROAD TRAFFIC 9

6

Section 1 General Provisions

9

Section 2 Provisions on Motor Vehicle Traffic

10

Section 3 Provisions on Non-motor Vehicle Traffic

13

Section 4 Provisions on Pedestrians and Passengers Traffic

13

Section 5 Special Provisions on Expressways

CHAPTER V TRAFFIC ACCIDENTS HANDLING 14

CHAPTER VI SUPERVISION OVER LAW ENFORCEMENT 16

CHAPTER VII LEGAL LIABILITIES 17

14

 

Chapter I General Provisions

Article 1

on road traffic, and protect the legal rights of the relative natural persons, legal persons and other

organizations.

This Law is formulated in order to safeguard road traffic system, make sure the safety

Article 2

individuals with relation to road traffic activities shall abide by this Law.

Vehicle drivers, pedestrians, passengers within the Chinese territory and units and

Article 3

convenience for people, and ensure road traffic system operate orderly, safely and smoothly.

Road traffic safety shall follow the principle of administration by law and making

Article 4

safety adaptable to economic construction and social development.

People’s governments at county level and above should draw up management system on road

traffic safety and organize to conduct its implementation based on the development needs of road

traffic in accordance with the laws and regulations and related State policies on road traffic

safety.

People’s governments at various levels shall safeguard administration of road traffic

Article 5

administration of road traffic safety. Traffic administrative departments of public security organ of

people’s governments at county level and above should be responsible for administration of road

traffic safety within the local administrative regions.

Traffic & construction administrative departments of people’s governments at county level and

above shall be responsible for road traffic safety based on their own respective duties.

The public security department of the State Council shall be responsible for nationwide

Article 6

safety, in an aim to improve people’s awareness of road traffic safety.

Traffic administrative departments of public security organ and their traffic policemen shall make

intensified efforts to publicize the laws and regulations on road traffic safety when performing

their duties, and shall strictly follow the laws and regulations on road traffic safety.

Government organizations, military units, enterprises, social communities and other institutions

shall conduct education on road traffic safety for their respective personnel.

Education on road traffic safety shall be included in legal education subjects in elementary and

high schools.

Press, publication, broadcasting, TV stations and other related units are liable to carry out

education on road traffic safety.

People’s government at various levels shall frequently conduct education on road traffic

Article 7

administration of road traffic safety to promote the applications of advanced management means,

technologies and equipment.

Efforts shall be made to carry out scientific and technological researches in

Chapter II Vehicles and Drivers

Section 1 Motor Vehicles and Non-motor Vehicles

Article 8

be used on roads only after registration with traffic administrative departments of public security

organ. Before registration, motor vehicles to be used temporarily on roads shall obtain temporary

driving permits and plates.

The State implements registration system for motor vehicles. Motor vehicles shall not

Article 9

applying for registration of motor vehicles:

(1) Identification certificates of owners of motor vehicles

(2) Certificates of origin of motor vehicles;

(3) Qualification certificates of factory inspection report of motor vehicles or import vouchers

of imported motor vehicles;

(4) Tax payment receipts of motor vehicle purchase tax or tax exemption certificates

(5) Other certificates and documents required by laws and administrative regulations to be

submitted when applying for registration of motor vehicles;

Traffic administrative departments of public security organ shall finish works in examination and

registration of motor vehicles within 5 days upon receipt of applications. If motor vehicles are

qualified for the conditions prescribed above, motor vehicle plates, driving permits, and

registration certificates shall be issued.

Except for traffic administrative departments of public security organ, any institutions or

individuals can’t issue motor vehicle plates or request to hang other plates on motor vehicles,

except otherwise provided in this Law.

The design patterns of registration certificates, plates and driving permits of motor vehicles shall

be decided by and manufactured under the supervision of the public security department under

the State Council.

Owners of motor vehicles should submit the following certificates and documents when

Article 10

Safety Technical Standards on Motor Vehicle”. Motor vehicles should be tested by safety

technology while its registration. But, for those types of motor vehicles that are approved by the

Sate administration of motor vehicle products for the manufacture under the National Safety

Technical Standards for Motor Vehicles, as their new manufactured vehicles have been tested

and qualified in accordance with the National Safety Technical Standards on Motor Vehicles

before they are delivered from the factory, these types of above-mentioned motor vehicles shall

be exempted from safety technology inspection while their registration.

Motor vehicles that are approved for the registration shall be qualified for the “National

Article 11

qualification signs and insurance signs, and carry driving permits.

Motor vehicles driven on roads shall properly hang vehicle plates, put inspection

Plates of motor vehicles shall be hung clearly and completely in conformity with provisions, and

shall not be intentionally covered and defiled.

No institutions or individuals shall be allowed to confiscate or suspend vehicle plates and driving

permits.

Article 12

motor vehicles:

(1) Ownership transfer of motor vehicles;;

(2) Changes of registration contents;

(3) Motor vehicles are used as mortgage;

(4) Disposal due to rejects of motor vehicles.

If there are the following situations, corresponding registrations shall be made for the

Article 13

with laws and regulations, be inspected under safety technical standards on a regularly basis in

accordance with various circumstances such as the purposes of motor vehicles, quantity of

carried passengers and cargoes and service life.

institutions shall make inspections on the motor vehicles if motor vehicle driving licenses

and policies of compulsory third party liability insurance are submitted. No institutions

shall demand for other additional conditions. T

security organ shall issue inspection qualification signs to the motor vehicles, provided the motor

vehicles meet with the State safety technical standards.

Safety technology inspection of motor vehicles shall be done socially based on the detailed

methods and procedures to be formulated by the State Council.

In places where inspection of motor vehicles is made socially, no institutions shall require motor

vehicles to be checked at the designated venues.

Traffic administrative departments of public security organ and

technology inspection institutions shall not required

designated venues.

Motor vehicle safety technology inspection institutions shall collect service charges on the

inspection of motor vehicles in strict conformity with. the charge standards stipulated by Pricing

Administration of the State Council.

Motor vehicles that have been utilized on roads after registration shall, in conformityMotor vehicle safety technology inspectionraffic administrative departments of publicmotor vehicle safetymotor vehicles to be checked at the

Article 14

conduct the different disposal standards based on the different vehicle usage and safety

technical status.

Cancellation registration for the rejected and disposed motor vehicles shall be made in time at

traffic administrative departments of public security organ.

The State shall force to implement motor vehicle reject and disposal system, and

Motor vehicles meeting the disposal standards shall not be driven on roads. The rejected and

disposed large-size passenger buses, trucks and other vehicles for business operation should be

destroyed under the supervision of traffic administrative departments of public security organ.

Article 15

painted in sign marks and installed with alarms & sign lighting. Other motor vehicles shall not be

painted in or installed with such special or similar sign marks, alarms and sign lighting.

Police vehicles, fire trucks, ambulance, and engineering wrecking trucks shall be used for the

purposes and conditions in conformity with provisions.

The uniform sign marks and alarm lights shall be installed on special patrol vehicles for road

inspection in accordance with the Highway Law.

Police vehicles, fire trucks, ambulance, and engineering wrecking trucks shall be

Article 16

(1) Assemble or change the structure, body or features of the registered motor vehicles

without authorization;

(2) Alter motor number, serial/chassis number, and body number;

(3) Falsify, falsely claim, alter, misappropriate or use the falsified, falsely claimed, altered,

and misappropriated registration documents, vehicle plates, driving permits,

qualification inspection signs or insurance signs of motor vehicles;

(4) Use registration documents, vehicle plates, driving permits, qualification inspection signs

or insurance signs of other motor vehicles.

No institutions or individuals shall have the following behaviors:

Article 17

vehicles, and set up social assistance funds for road traffic accidents. The detailed

implementation methods will be formulated by the State Council.

The State shall force to implement the third party liability insurance system on motor

Article 18

registration at traffic administrative departments of public security organ.

The types of non-motor vehicles that are needed for registration shall be stipulated based on the

actual situations in the different provinces, autonomous regions and municipalities directly under

the Central Government.

The maximum outer size, quality, brake, bell and night reflection equipment of non-motor vehicles

shall meet the safety technical standards of non-motor vehicles.

Non-motor vehicles that are required for registration can be used on roads after the

Section 2 Motor Vehicle Drivers

Article 19

in accordance with law.

To apply for driving licenses of motor vehicle shall meet the driving permit conditions stipulated

by the public security department of the State Council. After the qualification by examination,

traffic administrative departments of public security organ shall issue driver licenses.

Before driving motor vehicles on roads, one shall obtain motor vehicle driving licenses

 

Holders of overseas motor vehicle driving licenses shall conform to the driving permit conditions

stipulated by the public security department of the State Council. After the qualification by

examination, traffic administrative departments of public security organ shall issue China’s driving

licenses.

The driver shall drive motor vehicles based on the stipulated types of vehicles in his driving

licenses and always carry driving licenses with him while driving.

Except for traffic administrative departments of public security organ, no institutions or individuals

shall be allowed to confiscate and suspend driver licenses.

Article 20

traffic administrative departments of public security organ should strictly conduct driving

qualification management in driving schools. Of those, departments in charge of agriculture

(agricultural machinery) shall conduct driving qualification management to special tractor driving

training schools, and driving training classes.

Driving training schools and driving training seminars shall strictly follow related State provisions

to offer trainees the training on laws and regulations of road traffic safety and driving skills, and

ensure the quality of the training.

No government organizations shall be involved in or participate in the establishment of driving

schools and hosting driving training seminars.

Driving seminar & training on motor vehicle should be socialized and the responsible

Article 21

safety technical features of motor vehicles. Drivers shall not drive motor vehicles having such

hidden safety troubles like incomplete safety equipment or technically unqualified components.

Before driving motor vehicles on roads, drivers shall carefully conduct the checks on

Article 22

motor vehicle safely in accordance with driving rules.

People who take mental medicines or stupefacient controlled by the State, or suffer from

diseases that impede safe driving of motor vehicles, or are too fatigue to drive in a secured way

shall not be allowed to drive motor vehicles.

No one shall be allowed to force, instigate or connive drivers to drive motor vehicles in the ways

that may run against the provisions of laws and regulations on road traffic safety and the

requirements for safe driving.

Motor vehicle drivers shall abide by laws and regulations on road traffic safety to drive

Article 23

examinations and inspections on motor vehicle driving licenses in accordance with laws and

administrative regulations.

Traffic administrative departments of public security organ shall regularly implement

Article 24

implement the accumulative penalty points system on those violating laws and regulations about

road traffic safety besides giving administrative sanctions based on laws. Driving licenses of the

drivers whose accumulative penalty points have reached points stipulated by traffic

Traffic administrative departments of public security organ shall conduct and

administrative departments of public security organ shall be suspended. After they are trained on

road traffic safety law and pass the written examinations, their driving licenses shall be returned.

Duration of driving licenses can be extended for those road safety law-abiding drivers that have

no accumulative points within a year. Specific methods will be formulated by the public security

organ under the State Council.

Chapter III Road Traffic Conditions

Article 25

Road traffic signals include traffic lights, traffic signs, traffic marks and instructions by traffic

policeman.

Installation of traffic signs, traffic lights and traffic marks shall conform to the requirements for

safe and smooth road traffic and the State standards, ensuring for clearness, markedness,

preciseness and flawlessness.

Traffic signals shall be added, replaced and updated based on traffic needs. Any additions,

replacements and updating of restrictive road traffic signals shall be announced to the public in

advance.

Unified road traffic signals shall be practiced nationwide.

Article 26

meaning “Stop”, the green light “Permit” and the yellow light “Caution”.

Traffic lights shall be composed of red, green and yellow lights, with the red light

Article 27

intersections between railways and roads. Caution signs shall be installed at certain distances to

the unattended railway intersections.

Caution lights and signs or safety protection facilities shall be installed at the

Article 28

traffic lights, traffic signs and traffic marks.

Trees or other vegetables planted and advertisement posts, wires and pipelines installed along

both sides of roads and isolation belts shall keep a certain distance to traffic facilities, and shall

not shelter street lights, traffic lights and traffic signs, obstruct line of sight and impede road traffic.

No institutions and individuals shall be allowed to install, remove, occupy or destroy

Article 29

shall conform to the requirements for safe and smooth road traffic.

If finding there are serious hidden potential accidents existed in the current road traffic

establishments, or parking lots or auxiliary road facilities, traffic administrative departments of

public security organ must immediately report to local governments and provide the preventive

suggestions on the hidden traffic accidents, and local governments shall take immediate actions

and decisions in order to prevent occurrence of the hidden traffic accidents.

Planning, design and construction of roads, parking lots and auxiliary road facilities

Article 30

destroyed by flood, or damages and losses of traffic lights, traffic signs and traffic marks, efforts

shall be made to set up warning signs and make repairs in time.

If damages are caused to roads such as road collapse, protruding places, holes, roads

If finding the above circumstances which cause threats to traffic safety, traffic administrative

departments of public security organ shall take safety measures in time to direct traffic, and

inform departments for maintenance of road and traffic facilities or competent authorities.

Article 31

undertake the illegal activities.

Without authorization and permit, no institutions or individuals shall occupy roads to

Article 32

bridges across roads, or put pipes and wires across roads, consents shall be obtained in advance

from the road administrative departments, and if such actions cause threats to traffic safety,

approvals shall be obtained from traffic administrative departments of public security organ.

Construction companies shall conduct the construction works on the approved road sections

within the said time and set up safety warning signs along road construction sections in order to

make sure the safety on road traffic system. After the completion of road construction works,

construction companies shall immediately clean up obstacles on the roads in order to avoid the

hidden traffic accidents. After traffic administrative departments of public security organ carry out

inspections on the constructed roads and accept for qualification, the roads can be resumed for

the use for motor vehicles.

During road construction period, if the roads are still used for motor vehicles, traffic administrative

departments of public security organ shall strengthen safety supervisions on road traffic in order

to safeguard road traffic orders.

In case of project construction, if it needs to occupy roads, excavate roads, or build

Article 33

buildings, commercial blocks, residential communities, and large (medium)-size buildings and so

forth. If parking space is not enough therein, renovation or expansion shall be made in time.

Parking lots that have been put into use shall not be stopped using or changed for other purposes.

Related government authorities can encircle parking spaces along urban roads without

obstructing the passage of pedestrians and vehicles.

Relevant government departments can encircle parking spaces within the areas of city roads

under the condition that there will be no influence on passage of pedestrians and vehicles.

Parking lots shall be provided in newly constructed, renovated and expanded public

Article 34

high schools.

Passages for the blind shall be constructed on the pavements along major roads of cities. The

construction of such passages shall meet the State standards.

There must have zebra crossings and caution signs in front of nursery, elementary,

Chapter IV Provisions on Road Traffic

Section 1 General Provisions

Article 35

the roads.

Motor vehicles and non-motor vehicles will pass through roads from the right side of

 

Article 36

lane, non-motor vehicle lane and pavement. Motor vehicles, non-motor vehicles and pedestrians

shall pass through the roads by their respective lanes. If there are no classified lanes for motor

vehicles, non-motor vehicles and pedestrians on the roads, motor vehicles will pass through

roads from the center of the roads, and non-motor vehicles and pedestrians will pass through

roads from the two sides of the roads.

Based on road conditions and traffic needs, roads can be classified into motor vehicle

Article 37

be allowed to use the lanes, and other vehicles shall not be allowed to enter the special lanes.

If there are special lanes for special vehicles on the road, only those said vehicles shall

Article 38

instructions of traffic policemen if any. The principle of safe and smooth traffic shall be followed

on the roads where there are no traffic signs.

Vehicles and pedestrians shall obey instructions of traffic signs, and shall follow the

Article 39

departments of public security organ can adopt traffic limitation measures on motor vehicles,

non-motor vehicles and pedestrians, such as one-way traffic, passing through within the limited

time, or closed to traffic. When there are large-scale public activities, large-scale sports games,

and large-scale construction project, if its is necessary to temporarily control and limit road traffic,

traffic administrative departments of public security organ shall announce to the public in

advance.

Based on the actual traffic volumes and road conditions, traffic administrative

Article 40

that cause serious impacts on the safety driving of motor vehicles, and if other measures are not

enough to ensure traffic safety, traffic administrative departments of public security organ may

practice traffic control.

If there are natural calamities, serious weather conditions or serious traffic accidents

Article 41

Other detailed regulations on road traffic shall be formulated by the State Council.

Section 2 Provisions on Motor Vehicle Traffic

Article 42

indicated on speed limit signs, and shall run at a safety speed on the road sections where there

are speed limit signs.

When driving at night or on accidents prone zones, or encountering with the poor visibility

weather such as sand storm, hailstone, rain, snow, and fog, driving speed shall be reduced.

No motor vehicles shall be allowed to run at a speed higher than the maximum speed

Article 43

brake. Overtakes shall be forbidden in one of the following circumstances:

(1) when the front vehicles are making a left turn, turning round or overtaking;

(2) if it is possible to collide with the vehicles coming from the opposite direction;

(3) if the front vehicles are police vehicles, fire trucks, ambulances or engineering wrecking

trucks that are executing emergency tasks;

Motor vehicles on the same lanes shall keep a distance enough to take emergency

 

(4) when driving through railway crosses, intersections, narrow bridges, steep slopes,

tunnels, crosswalks and urban sections with big traffic volume where conditions are not

allowed for overtakes.

Article 44

traffic lights, traffic signs and traffic marks or the instructions of traffic policemen; and speed shall

be reduced when passing through the intersections where there are no traffic lights, traffic signs

and traffic marks and no instructions of traffic policemen, and shall give ways to pedestrians and

vehicles with priority traffic permits

Motor vehicle shall pass through intersections in accordance with the instructions of

Article 45

drive slowly, and shall not be allowed to jump the queue.

Motor vehicles shall run slowly and orderly at the sections or intersections where there are fewer

lanes, or at the intersections where there no traffic lights, traffic signs and traffic marks or no

instructions of traffic policemen, and where motor vehicles are queuing up or driving slowly.

Motor vehicles shall not be allowed to overtake if the front vehicles are queuing up or

Article 46

of traffic lights or the instructions of managerial personnel, and shall reduce speed or stop before

making sure it is safe to get across at the crosses or intersections where there are no traffic lights

or managerial personnel.

Motor vehicles shall pass through railway crosses in accordance with the instructions

Article 47

give ways to pedestrians who are getting across the crosswalks.

Motor vehicles shall stop or give ways to pedestrians who are getting across roads where there

are no traffic signs.

Motor vehicles shall reduce speed when passing though crosswalks, and shall stop to

Article 48

freight capacity. Overload shall be prohibited. The length, width and height of cargoes on motor

vehicles shall not violate the loading requirements, and cargoes should not be missed and

abandoned during its transportation period.

Motor vehicles carrying integrated substances beyond the limits on length, width and height that

cause threats to traffic safety shall run at the time, routes and speed designated by traffic

administrative departments of public security organ, and shall carry obvious signs. Carrying

integrated substances beyond the limits on length, width and height shall apply to the provisions

of the Highway Law.

Motor vehicles carrying those inflammable and explosive chemical cargoes, or very poisonous

and radioactive substances shall run at the time, routes and speed designated by traffic

administrative departments of public security organ, carry caution signs and be prepared for any

emergency.

Maximum loads of motor vehicle shall conform to the rated passenger capacity and

Article 49

and motor vehicles for business operation shall not violate regulations to carry freight.

Passengers carried by motor vehicles shall not exceed the rated passenger capacity,

Article 50

Freight motor vehicles shall be prohibited from carrying passengers.

 

If it needs for freight motor vehicles to carry operating personnel, measures shall be taken to

ensure safety of the operating personnel.

Article 51

conformity with provisions, and motor drivers and passengers shall wear safety helmets in

conformity with provisions.

When motor vehicles are running, drivers and passengers shall tighten safety belts in

Article 52

handle with the problems, drivers shall immediately switch on emergency lights and move

vehicles to one place that will not affect road traffic. If it is difficult to move vehicles, drivers shall

continuously switch on emergency lights, put warning signs at the back of vehicles in order to

give warning signals to other vehicles coming from the back, and immediately report to the police

if it is necessary.

If there is something wrong with motor vehicles on roads, and it needs to stop to

Article 53

alarms and sign lighting when executing emergency tasks, and shall be free from the restrictions

in driving routes, directions and speed and traffic lights, provided that safety is secured. In such

case, other vehicles and pedestrians shall give ways to them.

Police vehicles, fire trucks, ambulance, and engineering wrecking trucks shall not be allowed to

use alarms and sign lighting when executing non-emergency tasks, and shall not enjoy the

priority right of way provided above.

Police vehicles, fire trucks, ambulance, and engineering wrecking trucks can use

Article 54

used on roads, their driving routes and driving directions shall not be limited by traffic marks as

long as they do not affect vehicular traffic on the roads. Other motor vehicles and pedestrians

shall carefully give ways to them.

Those motor vehicles such as watering cars and cleaning car shall be utilized based on safety

working standards. Without affecting vehicular traffic and pedestrian traffic, their driving direction

shall not be limited by lanes and can be utilized in one-way traffic.

When motor vehicles for roads maintenance and vehicles for project construction are

Article 55

(large)-size cities and on the expressways. The restricted roads for the tractors shall be decided

by the different provinces, autonomous regions and municipalities directly under the Central

Government based on the actual situations.

Tractors can carry cargoes on the roads where tractors are allowed, but shall not be allowed to

carry passengers.

Tractors shall not be allowed on the roads of the central districts of medium

Article 56

stopping on sidewalks, except stopping at the parking places encircled in accordance with Article

33 of this Law.

Temporary stopping on roads shall not impede traffic of other vehicles and pedestrians.

Motor vehicles shall stop at the designated places, and shall be prohibited from

 

Section 3 Provisions on Non-motor Vehicle Traffic

Article 57

Non-motor vehicles shall run in the lanes for non-motor vehicles, and shall run at the right sides

of the roads where there is no lane for non-motor vehicles.

People driving non-motor vehicles on roads shall follow provisions on traffic safety.

Article 58

at a speed higher than 15 kilometers on the lanes for non-motor vehicles.

Power-driven wheelchairs for disabled persons and power-driven bicycles shall not run

Article 59

places, non-motor vehicles shall not stop at places that may influence traffic of other vehicles and

pedestrians.

Non-motor vehicles shall stop at the designated places. If there are no designated

Article 60

cross roads, drivers shall get down to guide the animals. When drivers leave animal-drive

vehicles for a while, they shall properly tie the animals.

Animals used for animal-drive vehicle shall be the tamed. When animal-drive vehicles

Section 4 Provisions on Pedestrians and Passengers Traffic

Article 61

no sidewalks.

Pedestrians shall walk on sidewalks, and shall walk at sides of roads where there are

Article 62

when going through intersections or crossing roads, shall follow the instructions of traffic lights if

provided when getting cross crosswalks, and shall get cross after making sure it is safe when

getting cross the intersections where there are no traffic lights or crosswalks, or when crossing

the roads where there are no overhead or underground pedestrian crossings.

Pedestrians shall take crosswalks or overhead underground pedestrian crossings

Article 63

stop the running motor vehicles and make other behaviors that affect traffic safety.

Pedestrians shall not cross road fences, climb on to the running vehicles or force to

Article 64

or mental deficiency persons, they must be accompanied by their guardians or consignors by

their guardians to walk on the roads.

Walking on road, blind persons shall utilize blind sticks or other guiding tools for blind persons.

Motor vehicles should carefully give ways to blind persons.

For preschool children, or mental patients who can’t identify or control their behaviors,

Article 65

traffic lights or the instructions of managerial personnel, and shall quickly get across the crosses

where there are no traffic lights and managerial personnel after making sure there is no trains

coming on.

Pedestrians shall pass through railway crosses in accordance with the instructions of

Article 66

public safety, shall not throw articles outside from running motor vehicles, and shall not commit

any behaviors that affect safety driving of drivers.

Passengers shall not carry inflammable and explosive articles that have harmful for

 

Section 5 Special Provisions on Expressways

Article 67

articulated buses, coupled trucks and other motor vehicles with the maximum design speed lower

than 70 kilometers shall not be allowed on expressways. The maximum driving speed indicated

on the speed limit signs on expressways shall not exceed 120 kilometers/hr. which maximum

driving speed are less than 70 Km per hour, should not be allowed on expressway.

pedestrians, non-motor vehicles, tractors, special machinery vehicles with wheels,

Article 68

the provisions set forth in Article 52 of this Law. But caution signs shall be put at a place with a

distance of 150 meters from the back of vehicles, and drivers and passengers shall immediately

move to right sides of roads and report to the police.

If motor vehicles encounter with engine problems or traffic accidents and can’t run normally on

expressways, such motor vehicle shall be towed by rescue cars.

Motor vehicles malfunctioning on expressways shall be handled in accordance with

Article 69

expressways, except policemen who are performing emergency tasks.

No units and individuals shall be allowed to stop and check the vehicles diving on

Chapter V Traffic Accidents Handling

Article 70

vehicles and protect the accident sites. The drivers shall immediately rescue the injured persons

and report to on-duty traffic policeman or traffic administrative departments of public security

organ. If changes are caused to the accident sites due to rescue of the injured, locations of the

accident sites shall be properly marked. In such case, passengers, drivers of other motor vehicles

and pedestrians shall provide assistance.

If traffic accidents on roads do cause no injuries, parties concerned may retreat immediately from

the accident sites to restore traffic order if they have no disputes over the facts and causes of the

accidents, and then discuss how to deal with the issue of damages and compensations by

themselves. If they don’t retreat from the accident sites, they shall report to on-duty traffic

policeman or traffic administrative departments of public security organ.

If traffic accidents on roads causes slight property losses, and if the basic facts of the accidents

are very clear, the persons concerned shall leave the accident sites first and then to conduct

discussions and negotiations.

In case of traffic accidents on roads, motor vehicle drivers shall immediately stop the

Article 71

immediately report to traffic administrative departments of public security organ or traffic

policeman. If the reported facts are correct, traffic administrative departments of public security

organ shall give awards to them.

If drivers run away after traffic accidents, witnesses and other insiders shall

Article 72

security organ shall immediately send traffic policemen to the accident sites, organize to rescue

the injured persons, and take the effective measures to restore road traffic order.

After receiving reports on traffic accidents, traffic administrative departments of public

Traffic policemen should conduct investigations and inspections on accident sites to collect

evidences. Traffic policemen may temporarily detain the motor vehicles involved if it needs to

collect evidences, but the detained vehicles causing accidents shall be well kept for

examinations.

Traffic administrative departments of public security organ shall consign special institutions to

conduct verifications on physiology and mental status of the persons concerned. The results of

verifications shall be signed and confirmed by verifiers.

Article 73

causes of traffic accidents based on site investigations, inspections, evidences, relative

information and verification results, and produce in time the final reports on accidents to serve as

evidences for handling the traffic accidents. The final reports on accidents shall carry the basic

facts and causes of traffic accidents, and the liabilities of persons concerned, and shall be sent to

the persons concerned.

Traffic administrative departments of public security organ shall make analysis on the

Article 74

compensations of traffic accidents to traffic administrative departments of public security organ

for mediations, and may also choose to take civil actions with the People’s Court.

If persons concerned fail to reach agreements after mediations by public security & traffic

administrative departments, or refuse to perform the mediation decisions the persons concerned

may take civil actions with the People’s Court.

Persons concerned may choose to submit their disputes over damages and

Article 75

accidents. If the motor vehicles involved have been insured for third party liability, the insurance

companies shall advance payments on rescue expenses. If there are no third party liability

insurance or the hit-and-run driver run away from the accident sites after accidents, social

assistance funds for traffic accidents shall advance payments on rescue expenses. The

management bodies of the social assistance funds for traffic accidents have rights to claim

repayment from the persons liable for the traffic accidents.

Medical establishments shall immediately rescue the injured persons due to traffic

Article 76

companies shall make compensations within the liability limits of the compulsory third party

liability insurance underwritten for the motor vehicles. For amount exceeding the insured amount,

compensations shall be made in the following ways:

(1) In case of accidents between motor vehicles, the faulty parties shall bear the liabilities. If

both parties are faulty, the liabilities shall be borne by both parties in proportion to each

fault.

(2) Motor vehicles shall be blamed for the traffic accidents between motor vehicles and

non-motor vehicles and pedestrian. But if there is evidence proving that non-motor

vehicle drivers or pedestrians violate laws and regulations on road traffic safety, and

that motor vehicle drivers have taken necessary measures to avoid the accidents, the

responsibility of motor vehicle drivers shall be alleviated to some extent.

In case of individual injuries or property loss caused by traffic accidents, insura

Motor vehicle drivers shall not be responsible for any loss incurred from the traffic accidents due

to intentional negligence of non-motor vehicle drivers or pedestrians.

Article 77

security organ shall handle with the cases in conformity with related provisions in this Law after

receiving reports on the accidents.

If traffic accidents occur outside roads, traffic administrative departments of public

Chapter VI Supervision over Law Enforcement

Article 78

police team construction and improve the qualifications and road traffic managerial level of traffic

policemen.

Traffic administrative departments of public security organ shall conduct professional training and

evaluation on traffic policemen with regards to the national legal systems and traffic safety

administration. Those policemen who fail in examinations shall not be allowed to perform their

duties.

Traffic administrative departments of public security organ shall strengthen traffic

Article 79

are responsible for administration of road traffic safety shall make efforts to simplify working

procedures in accordance with the legal functions and procedures, ensuring their works are

performed in a fair, strict, civilized and high-effective way.

Traffic administrative departments of public security organ and traffic policemen that

Article 80

carry police I.D., keep good images, behave properly and command normally.

When performing duties, traffic policemen shall dress in uniform, wear police logo,

Article 81

with provisions of this Law shall meet the standards approved by the pricing administration of the

State Council, and shall turned in to the national treasury.

The cost of production of motor vehicle plates and licenses collected in accordance

Article 82

security organ shall conform to the provisions of laws and regulations, and shall follow the system

of separating penalty decisions from fine collection. All fines collected and illegal income

confiscated in accordance with laws shall be turned in to the national treasury.

The fine penalty imposed on drivers by the traffic administrative departments of public

Article 83

traffic safety, and handling with traffic accidents, traffic policemen shall withdraw in any one of the

following circumstances:

(1) Traffic policemen are persons concerned or close relatives of the persons concerned in

the cases;

(2) Traffic policemen or their close relatives are interest parties in the cases;

(3) Traffic policemen have other relations with persons concerned, and may affect fair

treatment of the cases.

When making investigations into behaviors violating laws and regulations on road

Article 84

shall be subject to supervisions by administrative supervision organs when they are conducting

administrative enforcement of laws.

Supervision departments of public security organ should conduct supervisions on the

implementation of laws and regulations and the observation of disciplines by traffic administrative

departments of public security organ and their traffic policemen.

Traffic administrative departments of public security organ at higher level shall conduct

supervisions on law enforcement by its subordinate departments.

Traffic administrative departments of public security organ and their traffic policemen

Article 85

shall voluntarily accept the supervisions by the people and the public when performing their

duties.

Any institutions or individuals shall have rights to prosecute and reports on casual implementation

of laws and illegal behaviors of traffic administrative departments of public security organ and

their traffic policemen. After receiving prosecutions and reports, supervision departments

concerned shall immediately conduct investigations into the cases in light of their functions.

Traffic administrative departments of public security organ and their traffic policemen

Article 86

administrative departments of public security organ, and the latter shall be allowed to take the

amount of fine as the standards for evaluation of the performance of traffic policemen.

Traffic administrative departments of public security organ and traffic policemen shall be entitled

to refuse implementing any orders that fall under laws and regulations, and at the same time shall

report the cases to the organs at higher level.

No institutions shall be allowed to set or cause to set specific fine tasks to the traffic

Chapter VII Legal Liabilities

Article 87

shall correct or cause to correct in time the behaviors violating laws on road traffic safety.

Traffic administrative departments of public security organ shall impose punishments on the

behaviors violating laws on road traffic safety in light of the facts and in accordance with this Law.

If the circumstances are not serious to affect road traffic, such behaviors shall be pointed out, and

oral warning shall be given before letting go.

Traffic administrative departments of public security organ and their traffic policemen

Article 88

fine, temporary suspension or revoke of driving licenses and detention.

Types of penalties imposed on behaviors violating laws on road traffic safety: warning,

Article 89

regulations on road traffic safety shall be punished by a warning or a fine of 5-50 yuan. If drivers

of non-motor vehicles refuse to accept the fine penalty, traffic policemen have rights to

temporarily detain their non-motor vehicles.

Pedestrians, passengers and drivers of non-motor vehicles who violate laws and

Article 90

and regulations on road traffic safety shall be punished by a warning or a fine of 20-200 yuan. If

Motor vehicle drivers who run against the provisions on road traffic set forth in laws

 

there is otherwise stipulated under this Law, punishments shall also be imposed in accordance

with the provisions.

Article 91

driving licenses for a period of 1 - 3 months and a fine of 500 yuan and below. Persons who drive

after getting drunk shall be retained by traffic administrative departments of public security organ

until they recover from wine, and shall be punished by a detention of 15 days and below, a

temporary suspension of driving licenses for a period of 3 – 6 months, and a fine of 500 - 2000

yuan.

Persons who drive motor vehicles for business operation shall be temporarily suspended driving

licenses for 3 months, and shall be fined 500 yuan if they drive after drinking wine, and shall be

retained by traffic administrative departments of public security organ until they recover from wine

and given combined punishments of a 15-day detention, a temporary suspension of driving

licenses for 6 months, and a fine of 2000 yuan if they drive after getting drunk.

If they are punished twice in 1 year because of driving after drinking wine, their driving licenses

shall be revoked, and they shall not be allowed to drive motor vehicles for business operation

within 5 years.

Persons who drive after drinking wine shall be punished by a temporary suspension of

Article 92

rated capacity, they shall be fined 200-500 yuan. If passenger vehicles carry more than 20

percent of the rated capacity or violate provisions to carry freights, they shall be fined 500-2000

yuan.

If freight vehicles carry more than the rated capacity, they shall be fined 200-500 yuan; if they

carry freights more than 30 percent of the rated capacity or violate provisions to carry passengers,

they shall be fined 500-2000 yuan.

Motor vehicles that have the above two circumstances shall be detained by the traffic

administrative departments of public security organ until the illegal status is removed.

If vehicles of transportation have the circumstances set forth above, and if the transportation units

fail to make corrections to the circumstances after punishments, responsible people of the units

shall be fined 2000-5000 yuan.

If road passenger vehicles for business operation carry passengers more than the

Article 93

parking rules of motor vehicles, the traffic administrative departments of public security organ

shall point out their illegal behaviors and give them oral warnings, and order them to drive away.

If the drivers are not around or refuse to drive away their vehicles, resulting in blocked traffic of

other vehicles and pedestrians, the traffic administrative departments of public security organ

may inflicted on them a fine of 20-200 yuan, and can tow the motor vehicles to the places that will

not block the traffic or to the parking places designated by traffic administrative departments of

public security organ. Traffic administrative departments of public security organ shall not charge

on persons concerned, and shall inform in time the persons concerned of the places where their

vehicles are placed.

For those violations stipulated in laws and regulations on road traffic safety regarding

 

Any damages to motor vehicles caused by inappropriate towing methods shall be compensated

in accordance with law.

Article 94

charges on vehicle inspections in accordance with the charge standards approved by Pricing

Administration of the State Council. Excess amount charged shall be refunded, and persons

involved shall be given punishments in accordance with the related provisions in the Price Law of

the People’s Republic of China.

If motor vehicle safety technology inspection institutions fail to conduct inspections in accordance

with the National Safety Technical Standards for motor vehicles, and provide the fake inspection

results, traffic administrative departments of public security organ shall punish them for a fine

equal t0 500-1000 percent of the inspection charges, and revoke their inspection qualifications in

accordance with law. Moreover, the criminal liabilities of the persons directly responsible shall

be investigated in accordance with law.

Motor vehicle safety technology inspection institutions shall implement service

Article 95

insurance signs indicated on the running motor vehicles on the roads, or the drivers doesn’t bring

driving licenses, traffic administrative departments of public security organ shall detain the motor

vehicles, notify the persons concerned to provide corresponding plates and signs or handling with

corresponding procedures, and give them punishments in accordance with the provisions in

Article 90 of this Law. After the persons concerned provide corresponding plates and signs or

handle with corresponding procedures, the motor vehicles shall be handed back to them in time.

Persons who purposely cover or defile the plates of motor vehicles, or fail to install the plates of

motor vehicles shall be punished in accordance with the provisions set forth in Article 90 of this

Law.

If there are no vehicle plates, driving permits, inspection qualification signs, and

Article 96

inspection qualification signs, insurance signs, registration certificates of motor vehicles, and

driving licenses, or use of the motor vehicle plates, driving permits, inspection qualification signs,

insurance signs, registration certificates of motor vehicles, and driving licenses of other motor

vehicles, traffic administrative departments of public security organ shall confiscate them all,

detain the motor vehicles, and imposed a fine of 200-2000 yuan on the persons concerned.

Moreover, the criminal liabilities of the persons directly responsible shall be investigated in

accordance with law.

If the persons concerned provide corresponding legal supporting documents or handle with

corresponding procedures, the motor vehicles shall be handed back to them in time.

In case of falsification or use of falsified motor vehicle plates, driving permits,

Article 97

and take over those illegal installations of alarms and sign lighting, and shall impose a fine of

200-2000 yuan.

traffic administrative departments of public security organ shall compel to dismantle

Article 98

policies motor vehicles, the traffic administrative departments of public security organ shall retain

If motor vehicles owners and custodians fail to buy compulsory third party liability

20

their motor vehicles until they have buy the policies, and shall impose a fine equal to 200 percent

of the premium payable for minimum liability provided by law.

The fines paid in accordance with the above provision shall be charged to the social assistance

fund for road traffic accidents. Detailed methods shall be formulated by the State Council.

Article 99

200-2000 yuan on persons who commit any one of the following behaviors:

(1) to drive motor vehicles before obtaining driving licenses or during the period when

driving licenses are revoked or temporarily suspended;

(2) to authorize persons who have no driver licenses or whose driving licenses have been

revoked or temporarily suspended to drive motor vehicles;

(3) to run away from accident sites after accidents, if such behavior doesn’t constitute a

crime;

(4) to drive motor vehicles at a speed higher than 50 percent of the speed limit;

(5) to force drivers to drive motor vehicles in violations of laws and regulations on road

traffic safety and requirements for safety driving, causing traffic accidents, if such

behavior doesn’t constitute a crime;

(6) to violate the stipulations on road traffic controls to pass through without

authorizations;

(7) to intentionally destroy, change, alter traffic facilities and cause serious traffic outcomes,

if such behavior doesn’t constitute a crime;

(8) to illegally stop and detain motor vehicles, turn deaf ears to advises, and cause serious

traffic jam or big property losses.

Doers who commit one of the behaviors prescribed in the above Sub-clauses (2) and (4) shall be

concurrently punished by revoke of motor vehicle driving licenses, while doers who commit one of

the behaviors set forth in the above Sub-clauses (1), (3) and (5)-(8) shall be concurrently

punished by a 15-day detention.

Traffic administrative departments of public security organ shall impose a fine of

Article 100

assembled, traffic administrative departments of public security organ shall confiscate the

vehicles or compel to make motor vehicles rejected.

Drivers who drive the above-mentioned motor vehicles on roads shall be fined 200-2000 yuan,

and their driving licenses shall be concurrently revoked.

Illegal incomes from selling motor vehicles reaching to the disposal standards shall be

confiscated, sellers shall be imposed a fine equal to the sales volume, and the motor vehicles

shall be handled with in accordance with the provision of the Clause 1 of this Article.

If motor vehicles that have reached to the disposal standards or are illegally

Article 101

accidents, the criminal liabilities of the drivers shall be investigated in accordance with law, and

If drivers violate laws and regulations on road traffic safety to cause serious traffic

21

their driving licenses shall be revoked by traffic administrative departments of public security

organ.

If drivers hit and run after accidents, their driving licenses shall be revoked by traffic

administrative departments of public security organ, and they shall not be allowed to obtain driver

licenses again.

Article 102

companies within 6 months, traffic administrative departments of public security organ shall order

the companies to check their motor vehicles and remove all hidden safety troubles. Motor

vehicles having hidden safety troubles shall be prohibited from being used on roads.

If there are more than 2 serious traffic accidents made by professional transportation

Article 103

and examinations in light of the National Safety Technical Standards for Motor Vehicles and allow

unqualified motor vehicles to put into manufacture, chiefs responsible and other persons

indirectly responsible shall be given administrative sanctions such as demotion or removal from

office.

If motor vehicle manufacturers fail to follow the National Safety Technical Standards for Motor

Vehicles to produce the motor vehicles that are approved and permitted by the State

administration of motor vehicle products, or conduct the careful quality inspections on the finished

motor vehicles, and if the nonqualified motor vehicles are sold from the factory and cause traffic

accidents, the quality & technology supervision administration shall give them punishments in

accordance with the relative stipulations of the Product Quality Law of the People’s Republic of

China.

If motor vehicle manufacturers produce or sell motor vehicles without authorization and permits

by the State administration of motor vehicle products, the finished products that are illegally

produced and sold and parts and accessories shall be confiscated. If they have owned business

licenses, the industrial and commercial administration shall suspend their business license, and if

they have not yet owned business licenses, the industrial and commercial administration shall

close their factories.

Manufacturers that produce and sell illegally assembled motor vehicles or that produce and sell

illegally refit motor vehicles shall be punished in accordance with the provisions in Clause 3 of

this Article.

If Manufacturers have the illegal behaviors stated in Clause 2 and 3 of this Article to produce or

sell motor vehicles that do not meet the National Safety Technical Standards, the criminal

liabilities of the manufacturers shall be investigated in accordance with law.

If the State administration of motor vehicle products fail to conduct strict inspections

Article 104

activities that affect road traffic system, road administrative departments shall force them to stop

the illegal behaviors and resume the roads to original status, and may concurrently impose fines

in accordance with law. If there cause any losses on pedestrians, vehicles and other properties,

the responsible persons concerned shall be liable for compensations in accordance with law.

Without authorization to excavate roads and occupy roads or engaged in other

For those above-mentioned activities that affect road traffic safety, traffic administrative

departments of public security organ shall order them to stop the illegal behaviors and resume

the road traffic to original status.

Article 105

caused to pedestrians and vehicles and other properties due to no timely installation of warning

signs and implementation of preventive measures, or due to unavailability of traffic lights, traffic

signs and traffic marks which should have been available, or due to no changes made in time to

the traffic lights, traffic signs and traffic marks which should have been made, institutions

responsible shall be liable for compensations in accordance with law.

During road construction work or when road damages are caused, if damages are

Article 106

wires across the roads shelter or cover street lights, traffic lights, traffic signs and affect on visible

distance, traffic administrative departments of public security organ shall order the doers to clean

up. If they refuse to do so, they shall be fined 200-2000 yuan, and traffic administrative

departments of public security organ shall compel to clean up, with the costs incurred therein

borne by the doers.

If the planted trees, green land, flowers, or established advertisement posts and

Article 107

warning and a fine of 200 yuan and below. In such case, traffic policemen can make decisions on

administrative sanctions on site, and issue the administrative sanction decisions to the persons

concerned.

Administrative sanction decisions shall carry clearly the facts of violations of laws, basis of

administrative sanctions, contents and time of sanctions, and names of the organs that imposes

sanctions, and shall be signed by law enforcement officials or sealed with official stamps.

Persons who violate laws and regulations on road traffic shall be punished by a

Article 108

receipt of administrative sanction decisions.

Fines payable by pedestrians, passengers and non-motor vehicle drivers may be collected on

site if persons concerned have no objections.

Uniform fine receipts printed by departments of finance of provinces, autonomous regions and

municipalities shall be presented to persons concerned. If uniform fine receipts are not presented,

persons concerned shall be entitled to refuse pay fines.

Persons concerned shall deposit fines in the designated banks within 15 days upon

Article 109

administrative organs that make the decisions may take the following measures:

(1) to impose a fine equal to 3% of the payable amount of fine overdue;

(2) to apply the People’s Court for compulsory enforcement.

If persons concerned fail to perform administrative sanction decisions overdue, the

Article 110

suspension or revoke of the driving licenses of the persons violating laws and regulations on road

traffic, they can detain the driving licenses first and then transfer the cases to traffic administrative

departments of public security organ within 24 hours.

If on-duty traffic policemen consider they shall give such punishments as temporary

23

Persons violating laws and regulations on road traffic shall accept sanctions at traffic

administrative departments of public security organ within 15 days. If they refuse to do so beyond

the time limit without any reasons, their driving licenses shall be revoked.

When temporarily suspending or revoking motor vehicle driving licenses, traffic administrative

departments of public security organ shall present administrative sanction decisions.

Article 111

bureaus or sub-stations at the levels of country and city or public security organ with the same

authority of public security bureaus at country level.

Decisions on administrative sanction by detention shall be made by public security

Article 112

departments of public security organ shall issue vouches on site, and shall tell persons

concerned to accept sanctions at traffic administrative departments of public security organ within

the said time limit.

Traffic administrative departments of public security organ shall keep the detained vehicles under

well protection, and shall not use the vehicles.

If persons concerned fail to accept sanctions beyond the said time limit, and refuse to do so 3

months after issuing public announcements, their vehicles shall be treated at the disposal of

traffic administrative departments of public security organ.

When detaining motor vehicles and non-motor vehicles, traffic administrative

Article 113

counted from the date when sanction decisions are made. If driving licenses are suspended

before sanction decisions take effect, each day prior to the effectiveness of the sanction

decisions shall be counted as one day for temporary suspension.

The period for re-application for motor vehicle driving licenses after the driving licenses are

revoked shall follow the regulations on administration of motor vehicle driving licenses.

The duration for temporarily suspending motor vehicle driving licenses shall be

Article 114

security organ may give sanctions on owners or custodians of motor vehicles that violate laws

and regulations on road traffic in accordance with law. If the drivers can be identified from video

camera records, traffic administrative departments of public security organ may impose sanctions

on them in accordance with law.

Based on road video camera records, traffic administrative departments of public

Article 115

following illegal behaviors:

(1) to release vehicle plates, driving permits, and qualification inspection signs for the

unqualified motor vehicles;

(2) to approve unqualified motor vehicles to install and use the alarms and traffic lighting of

police vehicles, fire trucks, ambulances and engineering wrecking trucks, and to carry

the special pained signs marks.

(3) to release driver licenses for those applicants who are not qualified for driving conditions,

fail in the examinations or do no enter for examinations;

Traffic policemen shall be given administrative sanctions if they commit one of the

(4) to fail to implement the system of separation between fine decisions and fine collection,

or turn in the received fines, charges and the confiscated illegal incomes totally to the

national treasury;

(5) to engage in business activities such as opening or participating in holding driving

schools or driving training seminars, motor vehicle repair shops or business parking

lots;

(6) to utilize his duties or power to receive or cause to receive money or other valuable

things from the other persons.

(7) to illegally detain motor vehicles, permits to drive and driver licenses;

(8) to use the detained motor vehicle;

(9) to receive fines without giving fine receipts or filling incorrect amount on fines receipts;

(10) to fail to handle with traffic accidents in fair;

(11) to intentionally obstruct and delay on releasing motor vehicle plates and other

certificates and permits;

(12) to use alarms and sign lighting without performing the emergency tasks;

(13) to violate legal rules to stop or check on the running motor vehicles on roads;

(14) to intercept and take ride on motor vehicle without performing the emergency tasks;

(15) to fail to perform his legal duties.

If traffic administrative departments of public security organ commit any one of the

above-mentioned behaviors, chiefs directly responsible and other persons directly responsible

shall be given corresponding administrative sanctions.

Article 116

115 of this Law may be removed from their duties before giving them administrative sanctions,

and may be locked in confinement if necessary.

Traffic policemen who are given administrative sanctions such demotion or removal from office in

accordance with the provisions of Article 115 of this Law may be dismissed.

If traffic policemen have been discharged or dismissed, their police ranks should be cancelled,

and if traffic policemen are given disciplinary sanction, their police ranks should be degraded.

Traffic policemen who are given administrative sanctions in accordance with Article

Article 117

and ask for and take bribes, or neglect their duties, their criminal liabilities shall be investigated in

accordance with law.

If traffic policemen utilize and abuse their powers to illegally occupy public properties

Article 118

have one of the illegal behaviors stated in Article 115 which cause damages to persons

concerned, they shall be liable for compensations in accordance with law.

If traffic administrative departments of public security organ or their traffic policemen

Chapter VIII Supplementary Provisions

Article 119

(1) “Roads” refer to highways, city streets and places used for motor vehicles within the

premises of organizations and institutions, including squares, public parking lots and

other places that are utilized for the public;

(2) “Vehicles” refer to motor vehicles and non-motor vehicles;

(3) “Motor vehicles” refer to wheeled vehicles that are driven by motors or engines, used on

road to carry passengers or cargoes, and used to conduct special engineering

operations;

(4) “Non-motor vehicles” refer to transportation tools drawn by men of animals on roads,

and power-driven wheelchairs for the disabled persons, motor-driven bicycles and other

transportation tools with the maximum design speed, weight of empty vehicle and size

conforming to the related State standards regardless that they have power-driven

equipment.

(5) “Road traffic accidents” refer to accidents caused by vehicles on roads due to fault,

negligence or contingency, which cause injuries or property losses.

The words and terms used in this Law shall have the following meanings:

Article 120

Chinese People’s Armed Police, competent departments of the Chinese People’s Liberation

Army and the Chinese People’s Armed Police shall be responsible for conducting inspections on

their owned motor vehicles and motor vehicle plates and permits, and evaluating the

performance of their motor vehicle drivers.

For motor vehicles belonged to the Chinese People’s Liberation Army and the

Article 121

machinery) shall exercise the administrative functions of traffic administrative departments of

public security organ provided in Article 8 , 9, 13, 19 and 23 of this Law.

Competent departments of agriculture (agricultural machinery) shall abide by related provisions

of this Law when exercising the prescribed functions, and shall be subject to supervisions of

traffic administrative departments of public security organ. If there is any violation against the

provisions, legal responsibilities shall be investigated in accordance with related provisions of this

Law.

The motor vehicles plates and permits issued by competent departments of agriculture

(agricultural machinery) before this Law goes into force shall continue to be valid after this Law

goes into effect.

For tractors driven on roads, competent departments of agriculture (agricultural

Article 122

entering into Chinese territory.

The State shall practice unified traffic management over the foreign motor vehicles

Article 123

region and municipality may formulate detailed standards for implementation of fines within the

range of fines set forth in this Law in light of the local actual conditions.

The standing committees of people’s congress at the levels of province, autonomous

Article 124

This law shall come into effect as of May 1, 2004.