Law of The People's Republic of China on Road Traffic Safety
Order of the President of the People''s Republic of China No. 8The "Law of the People''s Republic of China on Road TrafficSafety", which was adopted at the 5th Session of the StandingCommittee of the Tenth National People''s Congress of thePeople''s Republic of China on October 28, 2003, is herebypromulgated, and shall come into force on May 1, 2004. HuJintao,President of the People''s Republic of China October 28, 2003 Law of the People''s Republic of China on Road Traffic Safety （已由中华人民共和国第十届全国人民代表大会常务委员会第五次会议于２００３年１０月２８日通过，中华人民共和国主席令第八号公布，自２００４年５月１日起施行）
Chapter I General Principles 第一章 总则
Chapter II Vehicles and Drivers 第二章 车辆和驾驶人
Section 1 Motor Vehicles and Non-Motor Vehicles 第一节 机动车、非机动车
Section 2 Motor Vehicle Drivers 第二节 机动车驾驶人
Chapter III Conditions for Road Passage 第三章 道路通行条件
Chapter IV Provisions on Road Passage 第四章 道路通行规定
Section 1 General Provisions 第一节 一般规定
Section 2 Provisions on Passage of Motor Vehicles 第二节 机动车通行规定
Section 3 Provisions on Passage of Non-motor Vehicles 第三节 非机动车通行规定
Section 4 Provisions on Passage of Pedestrians and Passengers 第四节 行人和乘车人通行规定
Section 5 Particular Provisions on Expressways 第五节 高速公路的特别规定
Chapter V Handling of Traffic Accidents 第五章 交通事故处理
Chapter VI Supervision over Law Enforcement 第六章 执法监督
Chapter VII Legal Liabilities 第七章 法律责任
Chapter VIII Supplementary Provisions 第八章 附则
Chapter I General Principles 第一章 总则
Article 1 The present Law is formulated with a view to maintaining the road traffic order,preventing and reducing traffic accidents, protecting personal safety, protecting the safety ofproperties of citizens, legal persons and other organizations, and also other lawful rights andinterests, as well as improving the passage efficiency.
Article 2 All vehicle drivers, pedestrians, passengers, road traffic activity-related entities andindividuals inside the territory of the People''s Republic of China shall abide by the present Law.
Article 3 The work of road traffic safety shall be in compliance with the principles of administrationaccording to law and facilitating the masses, and shall guarantee the orderliness, safety, andsmooth going of the road traffic.
Article 4 The people''s governments at all levels shall guarantee that the administration of roadtraffic safety suits the economic construction and social development.
The local people''s governments at the county level or above shall adapt to the needs in roadtraffic development, and shall, in accordance with the road traffic safety laws and regulations as wellas the relevant policies of the State, formulate the administrative planning on road traffic safety,and arrange for the implementation thereof.
Article 5 The public security institution under the State Council shall be responsible for theadministration of road traffic safety nationwide. The traffic administrative departments of the publicsecurity organs under the local people''s governments at the county level or above shall beresponsible for the administration of road traffic safety within their respective jurisdictions.
The traffic and construction administrative departments under the people''s governments at thecounty level and above shall, upon their respective duties, be responsible for the relevant work onroad traffic.
Article 6 The people''s governments at all levels shall educate people regularly about road trafficsafety so to improve the citizens'' consciousness of road traffic safety.
The traffic administrative departments of the public security organs and their traffic policemenshall, when exercising their functions, strengthen propaganda of road traffic safety laws andregulations, and set examples in abiding to the road traffic safety laws and regulations.
State organs, armed forces, enterprises, public institutions, public organizations and otherorganizations shall educate their own staff members about road traffic safety.
The administrative departments of education and the schools shall incorporate the education ofroad traffic safety into legal education.
News agencies, publishing entities, broadcasting and television stations, and other relevant entitiesare obligated to educate people about road traffic safety.
Article 7 For the administration of road traffic safety, scientific researches shall be strengthened,meanwhile, advanced administrative methods, techniques and equipment shall be extended andused.
Chapter II Vehicles and Drivers 第二章 车辆和驾驶人
Section 1 Motor Vehicles and Non-Motor Vehicles
Article 8 The State applies a system of registration to motor vehicles. A motor vehicle is notallowed to run on road until it has been registered by the traffic administrative department of thepublic security organ. If an unregistered motor vehicle needs to temporarily run on road, it shallhave a temporary passage certificate.
Article 9 Whoever applies for the registration of a motor vehicle shall submit the following proofsand certificates:
(1) identification proof of the owner of the motor vehicle;
(2) proof on the provenance of the motor vehicle;
(3) proof on being qualified when the whole motor vehicle left factory or import documentation onthe imported motor vehicle; （三）机动车整车出厂合格证明或者进口机动车进口凭证；
(4) proof on payment of vehicle purchase tax or documentation on tax-exemption;
(5) other proofs and certificates prescribed by any law or administrative regulation to besubmitted for the registration of the motor vehicle.
The traffic administrative department of the public security organ shall, within 5 working days as ofaccepting an application, complete the registration and examination of the motor vehicle, and shallissue the motor vehicle registration certificate, the plate and the driving permit if the said vehiclemeets the conditions prescribed in the preceding paragraph; or shall state the reason of rejectingregistration to the applicant if the said vehicle fails to meet the conditions prescribed in thepreceding paragraph.
Any entity or individual other than the traffic administrative department of the public securityorgan shall not issue a motor vehicle plate or demand that a motor vehicle carry any other plate,unless otherwise prescribed by the present Law.
The pattern of the registration certificate, plate and driving permit of a motor vehicle shall beprescribed by and their production shall be supervised by the public security institution under theState Council.
Article 10 A motor vehicle which is permitted to be registered shall meet the national technicalstandards for the safety of motor vehicles. At the time of application for the registration of a motorvehicle, the applicant shall accept the technical inspection of safety on the motor vehicle. However,if a type of new motor vehicle which is produced by an enterprise ascertained by the administrativedepartment of the State for motor vehicle products according to the national technical standardsof safety of motor vehicles is found upon inspection to have met such national technical standardswhen it leaves the factory and a conformity inspection certificate has been obtained, the technicalinspection of safety may be exempted.
Article 11 Whoever drives a motor vehicle on road shall hang a motor vehicle plate, place theconformity inspection mark and the insurance sign, as well as bring with him the driving permit forthe motor vehicle.
A motor vehicle plate shall be hung in accordance with theprovisions and be kept clear and integral, instead of beingintentionally sheltered or smeared.
No entity or individual shall confiscate or detain any motorvehicle plate.
Article 12 In case any of the following circumstances occurs, the corresponding registration shallbe made:
(1) The ownership of a motor vehicle is transferred;
(2) Any registered content of a motor vehicle is modified;
(3) A motor vehicle is mortgaged; or
(4) A motor vehicle is discarded as unserviceable.
Article 13 For the motor vehicles running on road after registration, technical inspections of safetyshall be carried out in accordance with the laws and administrative regulations and in light of suchdifferent particulars as the purpose of use, the number of passengers or quantity of goods carried,the service life, etc. of the vehicles. If a driving permit or a compulsory third party liability insurancepolicy for a motor vehicle is provided, the institution for the technical inspection of safety of motorvehicles shall carry out the inspection, and no entity may set any other conditions. If a motorvehicle meets the national technical standards for safety, the traffic administrative department ofthe public security organ shall issue the conformity inspection mark.
The technical inspections of safety for motor vehicles shall be conducted by non-governmentinstitutions. The specific measures shall be formulated by the State Council.
In the regions where technical inspections of safety of motor vehicles are conducted by non-government institutions, no entity may demand any motor vehicle to be inspected at anydesignated place.
The traffic administrative department of the public security organ or the institution for technicalinspections of motor vehicle safety shall not demand any motor vehicle to be repaired ormaintained at any designated place.
The institution for technical inspections of motor vehicle safety shall, if charging fees for theinspections of motor vehicles, strictly comply with the charging rates ratified by the priceadministrative institution under the State Council.
Article 14 The State applies a system of compulsory discarding unserviceable to motor vehicles,and prescribes different standards for discarding motor vehicles as unserviceable in light of theirsafety and technical conditions as well as their different purposes of use. 第十四条 国家实行机动车强制报废制度，根据机动车的安全技术状况和不同用途，规定不同的报废标准。
For a motor vehicle which ought to be discarded as unserviceable, it must be deregistered in goodtime.
A motor vehicle which reaches the standards for being discarded as unserviceable shall not run onroad. The large passenger vehicles, wagons and other commercial operating vehicles which havebeen discarded as unserviceable shall be disassembled under the supervision of the trafficadministrative department of the public security organ.
Article 15 Police cars, fire engines, ambulances and engineering emergency vehicles shall bepainted with marked patterns and be installed with alarms and identification lamps in accordancewith relevant provisions. Other motor vehicles shall not be painted or installed with or use any ofthe marked patterns, alarms or identification lamps specifically used by or similar to those of theaforementioned vehicles.
Police cars, fire engines, ambulances and engineering emergency vehicles shall be used strictlypursuant to the prescribed purposes and conditions.
The special vehicles for highway supervision and inspection shall be set up with uniform marks andwarning lamps in accordance with the provisions of the Highway Law.
Article 16 No entity or individual may:
(1) assemble any motor vehicle or discretionally change the registered structure, framework orfeatures of any motor vehicle; （一）拼装机动车或者擅自改变机动车已登记的结构、构造或者特征；
(2) change the motor vehicle type, engine number, chassis number or vehicle identificationnumber;
(3) forge, alter or use forged or altered registration certificate, plate, driving permit, conformityinspection mark or insurance sign of any motor vehicle; or
(4) use the registration certificate, plate, driving permit, conformity inspection mark or insurancesign of any other motor vehicle. （四）使用其他机动车的登记证书、号牌、行驶证、检验合格标志、保险标志。
Article 17 The State applies a compulsory third party liability insurance system to motor vehicles,and establishes social assistance funds for road traffic accidents. The specific measures shall beformulated by the State Council.
Article 18 A non-motor vehicle which ought to be lawfully registered may not run on road until ithas been registered by the traffic administrative department of the public security organ.
The categories of the non-motor vehicles which ought to be lawfully registered shall be prescribedby the people''s governments of the provinces, autonomous regions, and municipalities directlyunder the Central Government in light of their respective local actual situations.
The external size, quality, brakes, bell and night retroreflecting device of a non-motor vehicle shallmeet the technical standards for safety of non-motor vehicles.
Section 2 Motor Vehicle Drivers
Article 19 Whoever drives a motor vehicle shall have lawfully obtained a motor vehicle drivinglicense.
Whoever applies for a motor vehicle driving license shall meet the conditions for driving permissionas prescribed by the public security institution under the State Council; after he is found uponexamination be qualified, the traffic administrative department of the public security organ shallissue a motor vehicle driving license of the corresponding category.
Whoever holds an overseas motor vehicle driving license may, if meeting the conditions for drivingpermission as prescribed by the public security institution under the State Council, and assessed bythe traffic administrative department of the public security organ to be qualified, be issued aChinese motor vehicle driving license.
A driver shall drive a motor vehicle of the permitted type as stated on his driving license; and shall,when driving the motor vehicle, bring with him his motor vehicle driving license.
No entity or individual other than the traffic administrative department of the public security organmay confiscate or detain a motor vehicle driving license.
Article 20 The trainings on motor vehicle driving shall be conducted by non-governmentinstitutions. For this purpose, the traffic administrative department shall apply qualificationadministration to the driving training schools and driving training classes, among which, thequalification administration of driving training schools and driving training classes for special tractorsshall be carried out by the agricultural (agricultural machinery) administration.
The driving training schools and driving training classes shall, in strict accordance with the relevantprovisions of the State, hold trainings on road traffic safety laws and regulations as well as drivingskills for the students and trainees, and guarantee the training quality.
No State organ or administrative department for driving trainings and examinations may hold orparticipate in holding driving training schools or driving training classes.
Article 21 A driver shall, before driving a motor vehicle on road, carefully examine the safety andtechnical performance of the motor vehicle; and shall not drive a motor vehicle with hidden safetyperils, for example, the safety facilities are incomplete or the components do not meet the technicalstandards, and so on.
Article 22 Motor vehicle drivers shall abide by road traffic safetylaws and regulations, and drive the vehicle safely andcourteously according to the operation rules.
Whoever has drunk alcohol or taken psychotropic drugs ornarcotics controlled by the State, or is suffering from a disease which impedes him from driving amotor vehicle safely, or is too tired to drive safely, shall not drive a motor vehicle.
No one shall force, instigate or connive at a driver to violate the road traffic safety laws andregulations or the driving requirements on motor vehicle safety to drive a motor vehicle.
Article 23 The traffic administrative department of the public security organ shall, in accordancewith the laws and administrative regulations, inspect the motor vehicle driving licenses at regularintervals.
Article 24 The traffic administrative department of the public security organ shall apply a system ofkeeping accumulative scores to the motor vehicle drivers who violate the road traffic safety lawsand regulations in addition to imposing administrative penalties upon them in accordance with thelaw. The traffic administrative department of the public security organ shall detain the motorvehicle driving licenses of those whose accumulative scores have reached the prescribed limit,arrange for the education of road traffic safety laws and regulations and the corresponding re-examinations for them; the motor vehicle driving licenses shall be returned to those who areexamined to be qualified.
For the motor vehicle drivers who abide by the road traffic safety laws and regulations, and haveno accumulative scores within one year, the period for inspection of their motor vehicle drivinglicenses may be extended. The specific measures shall be formulated by the public securityinstitution under the State Council.
Chapter III Conditions for Road Passage
Article 25 The uniform road traffic signals shall be applied throughout the country.
Traffic signals include traffic signal lamps, traffic signs, traffic line markings and the command oftraffic policeman.
The traffic signal lamps, traffic signs and traffic line markings shall be set up in conformity with therequirements on safe and smooth road traffic and the national standards, and be kept clear, eye-catching, accurate and integral.
Road traffic signals shall be added, changed or renewed in time upon the need of passage. Theadd, change or renewal of restrictive road traffic signals shall be announced to the public inadvance, and propaganda shall be carried out extensively.
Article 26 The traffic signal lamps shall be composed of red light, green light and amber light. Thered light means prohibition of passage, the green light means permission of passage, while theamber light means a warning.
Article 27 Warning lights, warning marks or safety protection facilities shall be set up at a crossingwhere a railway and a road intersects on a plane. At a railway crossing not watched by any one,warning marks shall be set up at a certain distance from the crossing.
Article 28 No entity or individual may discretionally set up, remove, occupy or damage any trafficsignal lamp, traffic sign or traffic line marking.
The trees and other plants along both sides of the road or along the median strip, as well as theinstalled advertisement boards and pipelines, etc., shall be kept a necessary distance away from thetraffic facilities, and shall not shelter road lamps, traffic signal lamps or traffic signs, or impede thesafe range of visibility, or affect the passage.
Article 29 The planning, design and construction of roads, parking lots and auxiliary road facilitiesshall meet the requirements on safe and smooth road traffic, and be adjusted in time where thetraffic so requires.
Where the traffic administrative department of the public security organ finds that a road whichhas been put into use contains any section where traffic accidents often occur, or that any serioushidden trouble of traffic safety exists in a parking lot or the auxiliary road facilities, it shall report tothe local people''s government in time, and render suggestions on preventing the traffic accidentsand eliminating the hidden trouble, while the local people''s government shall make a handlingdecision in time.
Article 30 Where a road collapses, pits, is damaged by water, protrudes or is damaged otherwise,or any of such traffic facilities as a traffic signal lamp, a traffic sign or the traffic line markings aredamaged or lost, the maintenance department or administrative department of road or trafficfacilities shall set up warning marks and restore the road or repair the facilities in time.
Where the traffic administrative department of the publicsecurity organ finds any circumstance in the precedingparagraph, which endangers the traffic safety, and no warningmark is set up, it shall take safety measures in time, direct theflow of traffic, and notify the maintenance department oradministrative department of road or traffic facilities.
Article 31 No entity or individual may, without permission, occupy the road to engage in non-traffic activities.
Article 32 Where, due to the needs in project construction, a road has to be occupied or dug, orpipeline facilities have to be put up over or through a road, it shall obtain the consent of the roadadministrative department in advance; if the traffic safety is affected, it shall also obtain the consentof the traffic administrative department of the public security organ as well.
A construction entity shall work on the approved road section and within the approved time, andset up an obvious safety warning mark at a safe distance from the workplace facing the comingvehicles, and take prevention measures, as well; after the work, it shall promptly clean up theobstacles on the road, and eliminate the hidden trouble of safety, and may not restore the passageuntil the road has been inspected by the road administrative department and the trafficadministrative department of the public security organ to be qualified for the passage.
With respect to the road under construction where the traffic is not suspended, the trafficadministrative department of the public security organ shall strengthen the supervision andinspection of the traffic safety, and maintain the road traffic order.
Article 33 The newly-built, rebuilt or extended public buildings, commercial blocks, residentialquarters and large (medium) sized buildings, etc. shall be equipped or added with parking lots; if theparking area is insufficient, it shall be rebuilt or extended in time; no one shall discretionally suspendthe use of a parking lot which has been put into use or use it for any other purpose.
Where the passage of pedestrians and vehicles is not affected, the relevant governmentdepartment may delimit parking area within the scope of urban roads.
Article 34 Where a road in front of the gate of a school, kindergarten, hospital or a home for theaged has no pedestrian crossing facilities, crosswalk lines shall be delimited, and indication marksshall be set up.
On the pavements of the major urban roads, blind tracks shall be set up pursuant to the planning.The setup of the blind tracks shall meet the national standards.
Chapter IV Provisions on Road Passage
Section 1 General Provisions
Article 35 Both motor vehicles and non-motor vehicles shall pass on the right side.
Article 36 Where, as road conditions and passage so requires, a road is divided into motor vehicledriveways, non-motor vehicle driveways and pavements, motor vehicles, non-motor vehicles andpedestrians shall pass along the road in their respective lanes. Where the road is not divided intomotor vehicle driveways, non-motor vehicle driveways and pavements, motor vehicles shall passalong the middle of the road, while non-motor vehicles and pedestrians shall pass along both sidesof the road.
Article 37 Where a special driveway is delimited on a road, only prescribed vehicles are allowed topass within the special driveway, and no other vehicle may drive into the special driveway.
Article 38 Vehicles and pedestrians shall pass according to the traffic signals; or pass according toon-the-spot command of the traffic policeman, if any; or shall, if along a road without any trafficsignal, pass pursuant to the principle of guaranteeing the safety and smooth going.
Article 39 The traffic administrative department of the public security organ may, in light of thespecific circumstance of the road and the traffic flow, take such measures against the motorvehicles, non-motor vehicles and pedestrians as directing the flow, restricting the passage orprohibiting the passage, etc. If, in the event of a large mass activity or large-scope construction,etc., it is necessary to take measures restricting the traffic, or to make a decision directly relating tothe road traffic activities of the public, it shall be announced to the public in advance.
Article 40 If, in the event of any circumstance which seriously affects the traffic safety such asnatural disasters, atrocious weather conditions or major traffic accidents, etc., it is difficult toguarantee the traffic safety by taking other measures, the traffic administrative department of thepublic security organ may practice traffic control.
Article 41 Other specific provisions on the relevant road passageshall be formulated by the State Council.
Section 2 Provisions on Passage of Motor Vehicles
Article 42 A motor vehicle shall not, if driving on the road,exceed the maximum speed per hour as indicated on the speedlimitation mark; or shall, if on a road section without any speed limitation mark, keep a safe speed.
When a vehicle is driving at night or on a road section where dangers are easy to occur, or in caseof such weather conditions as dust, hailstorm, rain, snow, fog, freezing, etc., it shall run at a lowerspeed.
Article 43 For any two motor vehicles running in a same driveway, the vehicle at the back shallkeep a safe distance from the vehicle ahead enough for taking emergency braking measures.Overtaking is not allowed under any of the following circumstances:
(1) The vehicle ahead is turning left, turning around or overtaking another vehicle ahead;
(2) The vehicle concerned is possible to meet another vehicle coming from the opposite direction;
(3) The vehicle ahead is a police car, fire engine, ambulance or engineering emergency vehicle thatis performing an urgent task; （三）前车为执行紧急任务的警车、消防车、救护车、工程救险车的；
(4) The vehicle concerned is passing a railway crossing, intersection, narrow bridge, curved road,steep slope, tunnel, crosswalk, or a downtown road section with large traffic flow, etc., where thereis no condition for overtaking.
Article 44 A motor vehicle shall pass an intersection according to the traffic signal lamps, trafficsigns, traffic line markings or the command of the traffic policeman; or shall, when passing anintersection without any traffic signal lamp, traffic sign, traffic line markings or command of trafficpoliceman, slow down to run slowly, and let the pedestrians and the vehicles with passage priorityto pass first.
Article 45 When a motor vehicle meets the vehicles ahead which are waiting in a queue or arerunning slowly, it shall not overtake the vehicle(s) ahead or occupy the driveway on the other side,nor shall it pass through the waiting vehicles.
The motor vehicles shall, when driving on a road section or at a road junction where thedriveways are decreasing, or when parked for waiting in a queue or running slowly at anintersection without any traffic signal lamp, traffic sign, traffic line markings or command of trafficpoliceman, pass alternatively in turn.
Article 46 A motor vehicle shall pass a railway crossing according to the traffic signals or the trafficmanager''s command; if there is no traffic signal or traffic manager, it shall slow down or stop, andmay not pass until believing that it is safe to do so.
Article 47 A motor vehicle shall slow down when passing a crosswalk; or shall stop to give waywhen a pedestrian is passing the crosswalk.
When a motor vehicle is passing a road without traffic signal and a pedestrian is crossing the road,it shall give way.
Article 48 A motor vehicle that carries goods shall conform to the ratified load capacity, and it isstrictly prohibited to be overloaded; the length, width and height of the carried goods shall notviolate the loading requirements, and the carried goods shall not be dropped or scattered.
A motor vehicle carrying overloaded articles which cannot be dismantled, thus affecting the trafficsafety shall run according to the time, route and speed designated by the traffic administrativedepartment of the public security organ, and carry an obvious mark. If it carries on the highwaythe overloaded articles which cannot be dismantled, it shall comply with the provisions of theHighway Law as well.
If a motor vehicle carries explosives, inflammable or explosive chemicals, virulent or radioactivesubstances or other dangerous substances, it shall obtain the approval of the public security organfor running according to the designated time, route and speed, carry a warning mark, andnecessary safety measures shall be taken accordingly.
Article 49 A motor vehicle shall not carry persons by exceeding the ratified number, and apassenger transport motor vehicle shall not violate the provisions regarding the carriage of goods.
Article 50 Freight motor vehicles are prohibited to carry passengers.
If a freight motor vehicle needs to bring workers, safety measures shall be taken to protect theworkers.
Article 51 When a motor vehicle is running, the driver and the passengers shall use the safety beltsin accordance with the provisions. A motorcycle driver and the passenger shall wear the safetyhelmets in accordance with the provisions.
Article 52 When a motor vehicle meets with a breakdown onroad, and needs to be parked for elimination of the breakdown,the driver shall immediately turn on the danger emergencyalarm flash light, and move the motor vehicle to be parked at aplace where the traffic will not be impeded; if the motor vehicle isdifficult to be moved, the driver shall continuously turn on thedanger emergency alarm flash light, and set up a warning marktowards the direction facing the coming vehicles, or take other measures to enlarge the warningdistance, and shall, when necessary, promptly call the police.
Article 53 When a police car, fire engine, ambulance or engineering emergency vehicle isperforming an urgent task, it may use the alarm or the identification lamps; on the premise ofguaranteeing safety, it is not subject to the restriction of driving route, driving direction, drivingspeed or signal lamp, and other vehicles and pedestrians shall give way.
When a police car, fire engine, ambulance or engineering emergency vehicle is not performing anyurgent task, it may not use the alarm or the identification lamps, and does not have the priority topass on road as prescribed in the preceding paragraph.
Article 54 When a road maintenance vehicle or an engineering operation vehicle is working, itsdriving route and direction shall not be restricted by traffic signs or line markings it does not affectthe passage of the passing vehicles, and the passing vehicles and pedestrians shall give way.
Such motor vehicles as watering carts, sweeping vehicles, etc. shall work according to thestandards for safe operation; under the circumstance of not affecting the passage of othervehicles, they are not restricted by the rule that vehicles shall run along the road in their respectivelanes, provided that they do not run in an opposite direction.
Article 55 Tractors are prohibited to pass along expressways or roads in central areas of large andmedium-sized cities. Other roads where tractors are prohibited to pass shall be prescribed by thepeople''s governments of the provinces, autonomous regions, and municipalities directly under theCentral Government in light of their respective local actual situations.
Tractors may be used to engage in freight transportation on the roads where tractors arepermitted to pass, but may not be used to carry persons.
Article 56 Motor vehicles shall be parked at the prescribed places. It is prohibited to park anymotor vehicle on the pavement; except for the parking areas designated in accordance with Article33 of the present Law.
Whoever temporarily parks a vehicle on road shall not impede the passage of other vehicles orpedestrians.
Section 3 Provisions on Passage of Non-motor Vehicles
Article 57 Whoever drives a non-motor vehicle on road shall abide by the relevant provisions ontraffic safety. Non-motor vehicles shall run within the non-motor vehicle lanes; or shall, on the roadwithout non-motor vehicle lanes, run by the right side of the vehicle lane.
Article 58 When a motor wheel chair vehicle of a disabled person or an electric bicycle is runningwithin the non-motor vehicle lane, the maximum speed per hour shall not exceed 15 kilometers.
Article 59 Non-motor vehicles shall be parked at the prescribed places. If no parking place isdesignated, the parking of non-motor vehicles shall not impede other vehicles or pedestrians topass.
Article 60 Whoever drives an animal-drawn cart shall use a domestic animal; when driving ananimal-drawn cart to cross the road, the driver shall get off the cart to lead the animal; and shall tiethe animal up when he leaves the vehicle.
Section 4 Provisions on Passage of Pedestrian and Passengers
Article 61 Pedestrians shall walk inside the pavement, or walk onthe right side of the road if there is no pavement.
Article 62 A pedestrian shall, if passing a road junction or crossing a road, walk the crosswalk orpedestrian crossing facilities; or shall pass a crosswalk with traffic signal lamps according to theindications of the traffic signal lamps; or shall pass a road junction without traffic signal lamps orcrosswalk, or cross a road at the road section without pedestrian crossing facilities after makingsure that it is safe to do so.
Article 63 No pedestrian shall stride over or lean on the segregation facilities of the road, nor shallhe jump onto a vehicle or stop a vehicle by force or commit any other act impeding the roadtraffic safety.
Article 64 Where a preschool child or a patient of mental disease or person with intellectualdisability who is unable to identify and control his own act passes on road, he shall be led by hisguardian, a person entrusted by his guardian or a person with duties of caring and protecting him.
A blind person shall use a blind crutch or take other blind-guide means to pass on a road, and thevehicles shall give way to the blind person.
Article 65 A pedestrian shall pass a railway crossing according to the traffic signals or the commandof the traffic manager; if there are no traffic signals or traffic manager, he shall pass promptly afterconfirming that no train is coming.
Article 66 A passenger shall not bring dangerous articles which are inflammable or explosive, orthrow articles out of the vehicle, or commit any act affecting the driver''s safe driving.
Section 5 Particular Provisions on Expressways
Article 67 None of the pedestrians, non-motor vehicles, tractors, special wheeled mechanicalvehicles, hinged passenger vehicles, trailers and other motor vehicles whose designed maximumspeed per hour is lower than 70 kilometers, may enter an expressway. The maximum speed perhour indicated on the speed limitation mark of an expressway shall not exceed 120 kilometers.
Article 68 When a motor vehicle meets with a breakdown on the expressway, it shall be handled inaccordance with the relevant provisions of Article 52 of the present Law; however, the warningmark shall be set up outside 150 meters in a coming direction from the broken-down vehicle, andthe persons in the vehicle shall be promptly transferred to the road shoulder on the right side orinto the emergency driveway, and the police shall be called promptly.
Where a motor vehicle meets with a breakdown or traffic accident on the expressway, and isunable to run normally, it shall be pulled or drawn by a rescue vehicle or a wrecker.
Article 69 No entity or individual may hold up a running vehicle on expressway for inspection,except the people''s police of the public security organ who are performing urgent public duties inaccordance with the law.
Chapter V Handling of Traffic Accidents
Article 70 If a traffic accident occurs on road, the vehicle drivershall immediately park the vehicle and protect the scene; if itcauses any personal injury or death, the vehicle driver shallimmediately rescue the injured, and promptly report to thetraffic policeman on duty or the traffic administrativedepartment of the public security organ. If the scene is changeddue to rescue of the injured, the location shall be indicated. Thepassengers, the drivers of the passing vehicles and the passing pedestrians shall provideassistances. 第七十条 在道路上发生交通事故，车辆驾驶人应当立即停车，保护现场；造成人身伤亡的，车辆驾驶人应当立即抢救受伤人员，并迅速报告执勤的交通警察或者公安机关交通管理部门。因抢救受伤人员变动现场的，应当标明位置。乘车人、过往车辆驾驶人、过往行人应当予以协助。
If a traffic accident occurs on road, causing no personal injury or death, and the partiesconcerned have dispute over the facts and the causes, they may immediately withdraw from thescene, restore the traffic, and negotiate between themselves on handling the indemnity for thedamage; if they do not withdraw from the scene immediately, they shall promptly report to thetraffic policeman on duty or the traffic administrative department of the public security organ.
In case of a traffic accident on road, which causes only minor property losses, and the basic factsare clear, the parties concerned shall first withdraw from the scene and then negotiate forsettlement.
Article 71 Where a vehicle flees away from the scene after the occurrence of a traffic accident, thewitnesses of the scene and other persons in the know shall expose it to the traffic administrativedepartment of the public security organ or the traffic policeman. If the exposure is true to the fact,the traffic administrative department of the public security organ shall grant awards.
Article 72 After the traffic administrative department of the public security organ receives a call ona traffic accident, it shall immediately send traffic policemen to the scene, who shall first arrange forthe rescue of the injured, and then take measures to restore the traffic as soon as possible.
The traffic policemen shall inspect the scene of the traffic accident and collect evidences; if neededin collecting evidence, they may detain the vehicle in accident, but shall keep it appropriately forverification.
For carrying out an inspection of the physiological or mental conditions, etc. of the partyconcerned, which requires good specialty, the traffic administrative department of the publicsecurity organs shall entrust a special institution to expertise it. The expert conclusion shall besigned by the expert witness.
Article 73 The traffic administrative department of the public security organ shall, in light of theinspected and investigated information on the scene of the traffic accident as well as the relevantconclusions from the inspection and surveying, make a written conclusion of inspection orsurveying on the traffic accident in time, which shall be deemed as the evidence for handling thetraffic accident. The written conclusion on the traffic accident shall state the basic facts, the causesof the traffic accident and the liabilities of the parties concerned, and be served to the partiesconcerned.
Article 74 With respect to a dispute over indemnity for the damage from a traffic accident, theparties concerned may either request traffic administrative department of the public security organfor conciliation, or directly bring a civil litigation to the people''s court.
If, after conciliation held by the traffic administrative department of the public security organ, theparties fail to reach an agreement or refuse to perform the conciliation statement after it goes intoeffect, they may bring a civil litigation to the people''s court.
Article 75 A medical institution shall timely rescue those who are injured in traffic accidents, andshall not delay the cure due to failure to pay the rescue expenses in time. If the vehicle causing thetraffic accident has bought the compulsory third party liability insurance, the insurance companyshall pay the rescue expenses within the scope of the liability limit; if the rescue expenses exceedthe liability limit, and the vehicle causing the traffic accident has not bought the compulsory thirdparty liability insurance or flees away from the scene after causing the traffic accident, part or thewhole of the rescue expenses shall be temporarily paid in advance from the social assistance fundfor road traffic accidents, and the institution managing the social assistance fund for road trafficaccidents shall be entitled to recover such expenses from the party liable for the traffic accident.
Article 76 Where a motor vehicle meets with a traffic accident and causes personal injury or deathor any property loss, the insurance company shall pay indemnity within the scope of limit of thecompulsory third party liability insurance liability for the motor vehicle. The part in excess of theliability limit shall be indemnified in either of the following ways:
(1) Where a traffic accident occurs between motor vehicles, the faulty party shall bear theliabilities; if both parties are in fault, they shall each bear their proper share of the liabilities.
(2) Where a traffic accident occurs between a motor vehicle and a non-motor vehicle driver or apedestrian, the motor vehicle shall bear the liabilities; however, if there is any evidence to provethat the non-motor vehicle driver or the pedestrian violates the road traffic safety laws orregulations, and the motor vehicle driver has taken necessary measures, the motor vehicle''sliabilities may be mitigated.
Where the losses of the traffic accident are intentionally caused by the non-motor vehicle driver orthe pedestrian, the motor vehicle shall bear no liabilities.
Article 77 For an accident occurring at the time of passage of a vehicle outside the road, the trafficadministrative department of the public security organ shall, after receiving report of the accident,handle the matter with reference to the relevant provisions of the present Law.
Chapter VI Supervision over Law Enforcement
Article 78 The traffic administrative department of the public security organ shall strengthen themanagement of its traffic policemen, improve the quality of the traffic policemen and raise theirlevel of managing the road traffic.
The traffic administrative department of the public security organ shall provide trainings andassessments to the traffic policemen on legal knowledge and traffic safety management. Any trafficpoliceman who is assessed to be unqualified shall not be on post to perform his duties.
Article 79 The traffic administrative department of the public security organ and its trafficpolicemen shall, when conducting management of road traffic safety, comply with their statutorypowers and procedures, simplify the formalities for handling affairs, and to be impartial, strict,courteous and highly efficient.
Article 80 A traffic policeman shall, when performing his duties, be dressed in accordance with theprovisions, and adorned with a mark of the people''s police, hold the certificate of the people''spolice, keep a solemn and neat police appearance, have a graceful manner, and command thetraffic in a standardized way.
Article 81 The costs of production of certificates issued inaccordance with the present Law shall be strictly in compliancewith the charging rates ratified by the price administrativeinstitution under the State Council, and shall be totally turned into the State treasury. 第八十一条 依照本法发放牌证等收取工本费，应当严格执行国务院价格主管部门核定的收费标准，并全部上缴国库。
Article 82 Where the traffic administrative department of thepublic security organ lawfully imposes an administrative penalty of fine, the decision on the fine andthe confiscation of the fine shall be separated in accordance with the relevant laws andadministrative regulations; all the confiscated fine and the lawfully confiscated illegal proceeds shallbe totally turned in to the State treasury.
Article 83 Where a traffic policeman who investigates into and handles an illegal act or trafficaccident on road traffic safety is under any of the following circumstances, he shall withdraw:
(1) He is a party to the case or a near relative of a party;
(2) He himself or his near relative has an interest relationship with the case; or
(3) He has some other kind of relationship with a party to the case, which might affect theimpartial handling of the case.
Article 84 The administrative law enforcement activities carried out by the traffic administrativedepartment of the public security organ and its traffic policemen shall be subject to the supervisionof the administrative supervision organ in accordance with the law.
The supervision department of the public security organ shall supervise the execution of laws andregulations as well as the compliance of disciplines by the traffic administrative department of thepublic security organ and its traffic policemen.
The traffic administrative department of a superior public security organ shall supervise the lawenforcement activities of the traffic administrative department of an inferior public security organ.
Article 85 The traffic administrative department of the public security organ and its trafficpolicemen shall, when performing the duties, consciously accept the supervision of the public andof citizens.
Any entity and individual shall have the right to charge against or expose the traffic administrativedepartment of the public security organ and its traffic policemen for their perfunctory lawenforcement or their acts in violation of laws or disciplines. The organ receiving a charge orexposure shall timely investigate into the case to the effect of its duties.
Article 86 No entity may assign either directly or in a disguised form a fine quota to the trafficadministrative department of the public security organ; nor may the traffic administrativedepartment of the public security organ regard the amount of fines as the standard for assessingtraffic policemen.
The traffic administrative department of the public security organ and its traffic policemen shallhave the right to refuse to implement the instructions beyond law and regulations, and shallmeanwhile report to the superior organ.
Chapter VII Legal Liabilities
Article 87 The traffic administrative department of the public security organ and its trafficpolicemen shall timely correct the illegal acts on road traffic safety.
The traffic administrative department of the public security organ and its traffic policemen shall, onthe basis of the facts and in accordance with the relevant provisions of the present Law, imposepenalties upon the illegal acts on road traffic safety, or shall point out the illegal acts whosecircumstances are too minor to affect the road passage, and impose an oral warning beforerelease.
Article 88 The categories of the penalties against illegal acts on road traffic safety include: warning,fine, temporary seizure or revocation of the motor vehicle driving license, and detention.
Article 89 Where a pedestrian, passenger or non-motor vehicle driver violates any of theprovisions in the road traffic safety laws or regulations on passing along road, he shall be imposedupon a warning or a fine of 5 Yuan up to 50 Yuan; if the non-motor vehicle driver refuses toaccept the penalty of fine, his non-motor vehicle may be detained.
Article 90 Where a motor vehicle driver violates any of the provisions in road traffic safety laws orregulations on road passage, he shall be imposed upon a warning or a fine of 20 Yuan up to 200Yuan, or the penalty shall be imposed in accordance with otherwise provisions, if any, in thepresent Law.
Article 91 Whoever drives a motor vehicle after drinking alcoholshall be imposed upon the penalty of temporary seizure of hismotor vehicle driving license for not less than 1 month but notmore than 3 months, and be imposed upon a fine of not lessthan 200 Yuan but not more than 500 Yuan as well; whoeverdrives a motor vehicle when he is drunk shall be restricted bythe traffic administrative department of the public security organ until he becomes sober, bedetained for not more than 15 days, be imposed upon the penalty of temporary seizure of hismotor vehicle driving license for not less than 3 months but not more than 6 months, and beimposed upon a fine of not less than 500 Yuan but not more than 2000 Yuan as well.
Whoever drives a commercial operating motor vehicle after drinking alcohol shall be imposed uponthe penalty of temporary seizure of his motor vehicle driving license for 3 months, and be imposedupon a fine of 500 Yuan as well; whoever drives a commercial operating motor vehicle when he isdrunk shall be restricted by the traffic administrative department of the public security organ untilhe becomes sober, be detained for not more than 15 days, be imposed upon the penalty oftemporary seizure of his motor vehicle driving license for 6 months, be imposed upon a fine of2000 Yuan as well.
Where anyone is penalized for twice or more within one year due to his drunken driving asprescribed in the preceding two paragraphs, his motor vehicle driving license shall be canceled, andhe shall not drive a commercial operating motor vehicle within 5 years.
Article 92 A highway passenger transport vehicle that carries passengers in excess of the ratedones shall be imposed upon a fine of not less than 200 Yuan but not more than 500 Yuan; if itexceeds the rated passengers by 20% or violates the provisions to carry goods, it shall beimposed upon a fine of not less than 500 Yuan but not more than 2000 Yuan.
A freight motor vehicle that exceeds the ratified load capacity shall be imposed upon a fine of notless than 200 Yuan but not more than 500 Yuan; if it exceeds the ratified load capacity by 30% orviolates the provisions to carry passengers, it shall be imposed upon a fine of not less than 500Yuan but not more than 2000 Yuan.
In case of any of the acts in the preceding two paragraphs, the motor vehicle involved shall bedetained by the traffic administrative department of the public security organ until the illegalsituation has been eliminated.
Where a transport entity''s vehicle is under the circumstance as described in Paragraph 1 or 2 ofthe present Article, and remains uncorrected after penalties, the directly responsible person incharge shall be imposed upon a fine of not less than 2000 Yuan but not more than 5000 Yuan.
Article 93 To anyone who violates the road traffic safety laws or regulations on parking ortemporarily parks motor vehicles, his illegal acts may be pointed out, meanwhile he shall beimposed upon the penalty of oral warning, and be ordered to drive away immediately. 第九十三条 对违反道路交通安全法律、法规关于机动车停放、临时停车规定的，可以指出违法行为，并予以口头警告，令其立即驶离。
Where a motor vehicle driver is not at the scene, or is at the scene but refuses to drive awayimmediately, thus impeding the passage of other vehicles and pedestrians, he shall be imposedupon a fine of not less than 20 Yuan but not more than 200 Yuan, and the motor vehicle may bedrawn to a place not impeding the traffic or a place designated by the traffic administrativedepartment of the public security organ for parking. The traffic administrative department of thepublic security organ shall not charge any fee from the party for drawing the vehicle, but shalltimely inform the party of the parking place.
Whoever damages a motor vehicle for drawing it in an incorrect method shall bear thecompensation liability in accordance with the law.
Article 94 Where an institution for technical inspection of safety of motor vehicles charges fees byexceeding the charging rates ratified by the price administrative institution under the State Councilfor making a technical inspection of safety of a motor vehicle, the over charged fees shall berefunded, and the price administrative department shall impose penalties in accordance with therelevant provisions of the "Price Law of the People''s Republic of China".
Where an institution for technical inspection of safety of motor vehicles does not comply with thenational technical standards for safety of motor vehicles to make inspections, and issues falseinspection conclusions, it shall be fined by the traffic administrative department of the publicsecurity organ of not less than 5 times but not more than 10 times the charged inspection fees,and its inspection qualification shall be revoked in accordance with the law; if a crime is constituted,it shall be subject to criminal liabilities in accordance with the law.
Article 95 Where no motor vehicle plate is carried, or no conformity inspection mark or insurancesign is placed on a motor vehicle running on road, or no driving permit or driving license is broughtwith the said motor vehicle, the traffic administrative department of the public security organ shalldetain the motor vehicle, notify the party concerned to provide the corresponding certificate ormark, or to make up the corresponding formalities, and may, in accordance with Article 90 of thepresent Law, impose penalties. If the party concerned has provided the corresponding certificateor mark or has made up corresponding formalities, his motor vehicle shall be returned in time.
Whoever intentionally shelters, smears or does not comply with the provisions to install a motorvehicle plate shall be penalized in accordance with Article 90 of the present Law.
Article 96 Where anyone forges, alters or uses forged or altered motor vehicle registrationcertificate, plate, driving permit, conformity inspection mark, insurance sign or driving license oruses the motor vehicle registration certificate, plate, driving permit, conformity inspection mark orinsurance sign of any other vehicle, they shall be confiscated and the motor vehicle shall be ordetained by the traffic administrative department of the public security organ, and a fine of not lessthan 200 Yuan but not more than 2000 Yuan shall be imposed; if a crime is constituted, he shall besubject to criminal liabilities in accordance with the law.
Where the party concerned provides corresponding lawful proof or makes up correspondingformalities, the motor vehicle shall be returned in time.
Article 97 The illegally installed alarms and identification lamps shall be compulsorily dismantled andbe confiscated by the traffic administrative department of the public security organ, and the partyconcerned shall be imposed upon a fine of not less than 200 Yuan but not more than 2000 Yuan.
Article 98 Where a motor vehicle owner or manager does not buy the compulsory third partyliability insurance for motor vehicles in accordance with the provisions of the State, the trafficadministrative department of the public security organ shall detain the vehicle until the owner ormanager has bought the said insurance in accordance with the provisions, and the owner ormanager shall be imposed upon a fine of twice the insurance premium payable at the minimumliability limit in accordance with the provisions.
The fines paid in accordance with the preceding paragraph shall be totally included into the socialassistance fund for road traffic accidents. The specific measures shall be formulated by the StateCouncil.
Article 99 Whoever has any of the following acts shall be imposed upon a fine of not less than 200Yuan but not more than 2000 Yuan by the traffic administrative department of the public securityorgan:
(1) Driving a motor vehicle without obtaining the motor vehicle driving license, or when his motorvehicle driving license is revoked, or during the period when his motor vehicle driving license istemporarily seized;
(2) Delivering a motor vehicle to be driven by a person who has no motor vehicle driving licenseor whose motor vehicle driving license is revoked or temporarily seized;
(3) Fleeing away from the scene after causing a traffic accident, with no crime being constituted;
(4) Driving a motor vehicle exceeding the prescribed speed per hour by 50%;
(5) Forcing a motor vehicle driver to violate the road traffic safety laws or regulations or therequirements on safe driving of motor vehicles to drive a motor vehicle, thus causing a trafficaccident, but no crime is constituted;
(6) Violating the provisions on traffic control to pass by force, without listening to the dissuasion;
(7) Intentionally damaging, moving or altering traffic facilities, causing endangering consequences,but no crime is constituted; or （七）故意损毁、移动、涂改交通设施，造成危害后果，尚不构成犯罪的；
(8) Illegally hold up or detain a motor vehicle, without listening to the dissuasion, thus causingserious traffic jam or heavy property losses.
Where a violator is under the circumstance in Item 2 or 4 of the preceding paragraph, his motorvehicle driving license may be revoked as well; if he is under any of the circumstances in Item (1), (3) and (5) through (8), he may be detained for not more than 15 days.
Article 100 If any assembled motor vehicle or any motor vehicle which has reached the standardsfor being discarded as unserviceable is driven on road, it shall be confiscated by the trafficadministrative department of the public security organ, and be compulsorily discarded asunserviceable.
A driver who drives a motor vehicle enumerated in thepreceding paragraph to run on road shall be imposed upon afine of not less than 200 Yuan but not more than 2000 Yuan,and his motor vehicle driving license shall be revoked.
Whoever sells a motor vehicle which has reached the standardsfor being discarded as unserviceable shall be confiscated of his illegal proceeds and be imposedupon a fine equal to the sales amount, while the motor vehicle shall be handled in accordance withParagraph 1 of the present Article.
Article 101 Whoever violates the road traffic safety laws or regulations, thus causing a heavytraffic accident shall, if a crime is constituted, be subject to criminal liabilities in accordance with thelaw, and his motor vehicle driving license shall be revoked by the traffic administrative departmentof the public security organ.
Where anyone flees away from the scene after causing a traffic accident, his motor vehicle drivinglicense shall be revoked by the traffic administrative department of the public security organ, andhe may not re-apply for a motor vehicle driving license during his lifetime.
Article 102 A professional transportation entity which is mainly or wholly liable for 2 or moreparticularly heavy traffic accidents within 6 months shall be ordered by the traffic administrativedepartment of the public security organ to eliminate the hidden trouble of safety. A motor vehiclefor which the hidden trouble of safety is not eliminated is prohibited to run on road.
Article 103 Where the administrative department of the State for motor vehicle products fails tocarry out strict examination according to the national technical standards for safety of motorvehicles before permitting an unqualified type of motor vehicles to be put into production, the liableperson in charge and other directly liable persons shall be imposed upon the administrativesanction of degradation or removal from post.
Where a motor vehicle production enterprise is permitted by the administrative department of theState for motor vehicle products to produce a certain type of motor vehicles, but does notimplement the national technical standards for safety of motor vehicles or does not strictlyconduct quality inspection over the finished motor vehicle products, thus causing the motorvehicles to be unqualified in quality when leaving the factory for sale, the quality and technicalsupervision department shall impose penalties in accordance with the relevant provisions of the"Product Quality Law of the People''s Republic of China".
Where any entity discretionally produces or sells a type of motor vehicles which are not permittedby the administrative department of the State for motor vehicle products to be produced, thefinished motor vehicle products it has illegally produced or sold and the components shall beconfiscated, and it may be imposed upon a fine of not less than 3 times but not more than 5 timesthe value of the illegal products; its business license, if any, shall be revoked by the administrativedepartment for industry and commerce, or it shall be sealed up if having no business license.
Whoever produces or sells assembled motor vehicles or discretionally refit motor vehicles shall bepenalized in accordance with Paragraph 3 of the present Article.
Whoever has any of the illegal acts as described in Paragraphs 2, 3 and 4 of the present Article,and produces or sells motor vehicles unqualified for the national technical standards for safety ofmotor vehicles shall, if a crime is constituted, be subject to criminal liabilities in accordance with thelaw.
Article 104 Whoever discretionally digs a road, occupies a road to carry out construction orengages in other activities affecting the road traffic safety without approval shall be ordered by theroad administrative department to cease the illegal act, and to restore the road to its originalcondition, and may be imposed upon a fine in accordance with the law; if it causes any loss to thepassing pedestrians, vehicles or other properties, it shall bear the indemnity liability in accordancewith the law.
Whoever commits an act in the preceding paragraph, thus affecting the road traffic safety, hemay be ordered by the traffic administrative department of the public security organ to cease theillegal acts, and promptly restore the traffic.
Article 105 If construction is carried out on or any damage occurs to a road, and no warning markis timely set up, no prevention measure is taken, or the traffic signal lamps, traffic signs or traffic linemarkings which ought to be set up are not set up, or the traffic signal lamps, traffic signs or trafficline markings which ought to be timely changed are not timely changed, thus causing losses to thepassing pedestrians, vehicles or other properties, the entity responsible for the relevant duties shallbear the indemnity liability in accordance with the law.
Article 106 Where the trees or other plants growing along both sides of the road or along themedian strip, or the installed advertisement boards or pipelines, etc. shelter the road lamps, trafficsignal lamps or traffic signs, thus impeding the safe apparent distance, the traffic administrativedepartment of the public security organ shall order the violator to eliminate the impediment; if theviolator refuses to do so, he shall be imposed upon a fine of not less than 200 Yuan but not morethan 2000 Yuan, and be compelled to eliminate the impediment, with the necessary expenses tobe borne by himself.
Article 107 When imposing a warning or a fine of not more than 200 Yuan upon a road traffic lawviolator, the traffic policeman may make a decision on administrative penalty on the spot, and issuea written decision on the administrative penalty.
A written decision on the administrative penalty shall state the fact on the party''s violation of law,the basis of the administrative penalty, the contents of the penalty, the time, place and the nameof the penalizing organ, which shall be signed or affixed with a seal by the law enforcement officials.
Article 108 A party concerned shall, within 15 days as of receiving the written decision on theadministrative penalty of the fine, pay the fine at a designated bank.
If a pedestrian, a passenger or a non-motor vehicle driver has no objection against the fineimposed upon him, the amount of the fine may be collected on the spot.
Whoever imposing a fine shall issue a receipt of fine under uniform production and distribution ofthe financial department of the province, autonomous region, and municipality directly under theCentral Government; if no receipt of fine under uniform production and distribution of the financialdepartment is issued, the party concerned shall have the right to refuse to pay the fine.
Article 109 Where a party does not implement a decision on administrative penalty within the timelimit, the administrative organ making the said decision may take the following measures:
(1) If he does not pay the mature fine, he shall be imposed upon an additional interest of 3% perday;
(2) Applying the people''s court for mandatory enforcement.
Article 110 Where a traffic policeman performing duties considers that a road traffic law violatorought to be imposed upon a penalty of temporary seizure or revocation of his motor vehicledriving license, he may detain the motor vehicle driving license first, and transfer the case within 24hours to the traffic administrative department of the public security organ for handling.
The road traffic law violator shall, within 15 days, go to thetraffic administrative department of the public security organ toaccept the penalty. If he does not accept the penalty within thetime limit without any justifiable reason, his motor vehicle drivinglicense shall be revoked.
Where the traffic administrative department of the public security organ seizes temporarily orrevokes a motor vehicle driving license, it shall issue a written decision on the administrativepenalty.
Article 111 The administrative penalty of detention due to violation of the present Law shall bedetermined by the county or city public security bureau, branch of the public security bureau orthe public security organ at an equivalent county level.
Article 112 The traffic administrative department of the public security organ shall, when detaininga motor vehicle or a non-motor vehicle, issue a documentation on the spot, and inform the partyconcerned to go to the traffic administrative department of the public security organ within theprescribed time limit to accept the penalty.
The traffic administrative department of the public security organ shall keep the detained vehicleappropriately, instead of using it. 公安机关交通管理部门对被扣留的车辆应当妥善保管，不得使用。
If the party concerned does not come to accept the penalty within the time limit, and still does notcome after it has been announced for 3 months, the traffic administrative department of the publicsecurity organ may dispose of the detained vehicle in accordance with the law.
Article 113 The time limit for temporary seizure of a motor vehicle driving license shall be calculatedas of the day when the decision on the penalty becomes effective; if the motor vehicle drivinglicense is detained before the penalty decision takes effect, one day detention shall be taken as oneday temporary seizure.
The time limit for reapplying for a motor vehicle driving license after the original driving license isrevoked shall comply with the provisions on the administration of motor vehicle driving licenses.
Article 114 The traffic administrative department of the public security organ may, on the basis ofthe traffic technical monitoring records, lawfully penalize the motor vehicle owners or managerswho violate the law. If the driver can be determined, the penalties may be imposed in accordancewith the present Law.
Article 115 A traffic policeman who has any of the following acts shall be imposed upon theadministrative sanctions in accordance with the law:
(1) Distributing motor vehicle registration certificates, plates, driving permits or conformityinspection marks to the motor vehicles which do not meet statutory conditions;
(2) Approving the motor vehicles which do not meet statutory conditions to be installed with or touse the alarms, identification lamps, painted mark or patterns of police cars, fire engines,ambulances or engineering emergency vehicles;
(3) Distributing motor vehicle driving licenses to persons who do not meet the conditions fordriving permission, have not been examined or are examined to be unqualified;
(4) Not implementing the system of separating the decision on the fine from the confiscation ofthe fine or not complying with the provisions to totally turn in the lawfully charged expenses,confiscated fines or confiscated illegal proceeds to the State treasury; （四）不执行罚款决定与罚款收缴分离制度或者不按规定将依法收取的费用、收缴的罚款及没收的违法所得全部上缴国库的；
(5) Establishing or participating in the establishment of driving schools or driving training classes,motor vehicle repairing plants or pay parking lots or other business activities;
(6) Accepting properties from others or seeking other benefits by taking advantage of his post;
(7) Illegally detaining a vehicle, motor vehicle driving permit, driving license or vehicle plate;
(8) Using lawfully detained vehicles;
(9) Not issuing a fine receipt or not truthfully filling the fine amount when collecting a fine on thespot;
(10) Practicing frauds for personal gains, and handling a traffic accident unjustly;
(11) Intentionally making things difficult, and delaying to issue a motor vehicle certificate;
(12) Using an alarm or identification lamp when not performing any urgent task;
(13) Violating the provisions to hold up and inspect a normally running vehicle;
(14) Holding up and hitchhiking a motor vehicle when not performing an urgent official duty;
(15) Not performing statutory duties.
Where the traffic administrative department of the public security organ has any of the actsenumerated in the preceding paragraph, the directly responsible person in charge and otherdirectly liable persons shall be imposed upon corresponding administrative sanctions.
Article 116 Where a traffic policeman is imposed upon an administrative sanction in accordancewith Article 115 of the present Law, he may be ceased from performing his duties before thedecision on the administrative sanction is made; and may, when necessary, be confined.
Where a traffic policeman is imposed upon an administrative sanction of degradation or dischargefrom post in accordance with Article 115 of the present Law, he may be dismissed.
Where a traffic policeman is expelled or dismissed, his police rank shall be cancelled. The police rankof any traffic policeman who is imposed upon an administrative sanction below removal from postshall be degraded.
Article 117 Where a traffic policeman makes use of his powers to illegally occupy public properties,extort or accept bribes, or abuses his powers, neglects his duties, and if a crime is constituted, heshall be subject to criminal liabilities in accordance with the law.
Article 118 Where the traffic administrative department of the public security organ or any of itstraffic policemen has any of the acts listed in Article 115 of the present Law, thus causing losses toa party concerned, it/he shall bear the liability for indemnity in accordance with the law.
Chapter VIII Supplementary Provisions
Article 119 The meanings of the following terms used in the present Law are:
(1) A "road" means a highway, an urban road or an area which, although within the of scope ofmanagement by an entity, allows public motor vehicles to pass, including the places used forpassage of the general public such as the squares and public parking lots, etc.
(2) A "vehicle" means a motor vehicle or a non-motor vehicle.
(3) A "motor vehicle" means a wheeled vehicle which is driven or drawn by power device, runningon road for people to ride or take, or for carrying articles, or for carrying out special engineeringoperations.
(4) A "non-motor vehicle" means a means of transportation which is driven by manpower ordomestic animal power to run on road, or a motor wheel chair vehicle of a disabled person, anelectric bicycle or any other means of transportation which is driven by power device but thedesigned maximum speed per hour, with the empty vehicle''s quality and the external sizeconforming to the relevant national standards.
(5) A "traffic accident" means an incident in which a vehicle causes, when running on road,personal injury or death or properties losses due to an error or unexpected incident.
Article 120 The responsibility to inspect the enlisted motor vehicle certificates and motor vehicles,and to assess the enlisted motor vehicle drivers of the Chinese People''s Liberation Army and theChinese People''s Armed Police Force, shall remain respectively with the relevant departments ofthe Chinese People''s Liberation Army and the Chinese People''s Armed Police Force.
Article 121 With respect to the tractors running on road, the agricultural (agricultural machinery)administrative department shall exercise the administrative powers of the traffic administrativedepartment of the public security organ as prescribed in Articles 8, 9, 13, 19 and 23 of the presentLaw.
The agricultural (agricultural machinery) administrativedepartment shall, when exercising powers in accordance withthe preceding paragraph, abide by the relevant provisions of thepresent Law, and accept the supervision of the trafficadministrative department of the public security organ; whoeverviolates the provisions shall be subject to legal liabilities inaccordance with the relevant provisions of the present Law.
The motor vehicle certificates issued by the agricultural (agricultural machinery) administrativedepartment before the present Law entered into force shall continue to be valid after the presentLaw enters into force.
Article 122 The State practices uniform administration to the road traffic safety of the overseasmotor vehicles entering the territory of China.
Article 123 The standing committees of the people''s congresses of provinces, autonomousregions, and municipalities directly under the Central Government may, in light of the actualsituations of their respective own regions, prescribe the specific rates within the range of fine asprescribed in the present Law.
Article 124 The present Law shall come into force on May 1, 2004.