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Law of the People's Republic of China on Road Traffic Safety(extract)

Chapter I General Principles

Article 2 All vehicle drivers, pedestrians, passengers, road traffic activity-related entities and individuals inside the territory of the People’s Republic of China shall abide by the present Law.

Chapter II Vehicles and Drivers

Section 1 Motor Vehicles and Non-Motor Vehicles

Article 8 The State applies a system of registration to motor vehicles. A motor vehicle is not allowed to run on road until it has been registered by the traffic administrative department of the public security organ. If an unregistered motor vehicle needs to temporarily run on road, it shall have a temporary passage certificate.

Article 11 Whoever drives a motor vehicle on road shall hang a motor vehicle plate, place the conformity inspection mark and the insurance sign, as well as bring with him the driving permit for the motor vehicle. A motor vehicle plate shall be hung in accordance with the provisions and be kept clear and integral, instead of being intentionally sheltered or smeared. No entity or individual shall confiscate or detain any motor vehicle plate.

Article 12 In case any of the following circumstances occurs, the corresponding registration shall be 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 14 For a motor vehicle which ought to be discarded as unserviceable, it must be deregistered in good time. A motor vehicle which reaches the standards for being discarded as unserviceable shall not run on road.

Article 16 No entity or individual may:

(1) Assemble any motor vehicle or discretionally change the registered structure, framework or features of any motor vehicle;

(2) change the motor vehicle type, engine number, chassis number or vehicle identification number;

(3) forge, alter or use forged or altered registration certificate, plate, driving permit, conformity inspection mark or insurance sign of any motor vehicle; or

(4) Use the registration certificate, plate, driving permit, conformity inspection mark or insurance sign of any other motor vehicle.

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 be formulated by the State Council.

Article 18 A non-motor vehicle which ought to be lawfully registered may not run on road until it has been registered by the traffic administrative department of the public security organ.

Section 2 Motor Vehicle Drivers

Article 19 whoever drives a motor vehicle shall have lawfully obtained a 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.

Article 21 A driver shall, before driving a motor vehicle on road, carefully examine the safety and technical performance of the motor vehicle; and shall not drive a motor vehicle with hidden safety perils, for example, the safety facilities are incomplete or the components do not meet the technical standards, and so on.

Article 22 Motor vehicle drivers shall abide by road traffic safety laws and regulations, and drive the vehicle safely and courteously according to the operation rules.

Whoever has drunk alcohol or taken psychotropic drugs or narcotics controlled by the State, or is suffering from a disease which impedes him from driving a motor vehicle safely, or is too tired to drive safely, shall not drive a motor vehicle.

Chapter III Conditions for Road Passage

Article 26 The traffic signal lamps shall be composed of red light, green light and amber light. The red light means prohibition of passage, the green light means permission of passage, while the amber light means a warning.

Article 28 No entity or individual may discretionally set up, remove, occupy or damage any traffic signal lamp, traffic sign or traffic line marking.

Article 31 No entity or individual may, without permission, occupy the road to engage in non-traffic activities.

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 vehicle driveways, non-motor vehicle driveways and pavements, motor vehicles, non-motor vehicles and pedestrians shall pass along the road in their respective lanes. Where the road is not divided into motor vehicle driveways, non-motor vehicle driveways and pavements, motor vehicles shall pass along the middle of the road, while non-motor vehicles and pedestrians shall pass along both sides of the road.

Article 37 Where a special driveway is delimited on a road, only prescribed vehicles are allowed to pass 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 to on-the-spot command of the traffic policeman, if any; or shall, if along a road without any traffic signal, pass pursuant to the principle of guaranteeing the safety and smooth going.

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 speed limitation 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 case of such weather conditions as dust, hailstorm, rain, snow, fog, freezing, etc., it shall run at a lower speed.

Article 43 For any two motor vehicles running in a same driveway, the vehicle at the back shall keep 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 that is performing an urgent task;

(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 there is no condition for overtaking.

Article 44 A motor vehicle shall pass an intersection according to the traffic signal lamps, traffic signs, traffic line markings or the command of the traffic policeman; or shall, when passing an intersection without any traffic signal lamp, traffic sign, traffic line markings or command of traffic policeman, slow down to run slowly, and let the pedestrians and the vehicles with passage priority to pass first.

Article 45 When a motor vehicle meets the vehicles ahead which are waiting in a queue or are running 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 the driveways are decreasing, or when parked for waiting in a queue or running slowly at an intersection without any traffic signal lamp, traffic sign, traffic line markings or command of traffic policeman, pass alternatively in turn.

Article 46 A motor vehicle shall pass a railway crossing according to the traffic signals or the traffic manager's command; if there is no traffic signal or traffic manager, it shall slow down or stop, and may 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 way when 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 is strictly prohibited to be overloaded; the length, width and height of the carried goods shall not violate 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 traffic safety shall run according to the time, route and speed designated by the traffic administrative department of the public security organ, and carry an obvious mark. If it carries on the highway the overloaded articles which cannot be dismantled, it shall comply with the provisions of the Highway Law as well.

If a motor vehicle carries explosives, inflammable or explosive chemicals, virulent or radioactive substances or other dangerous substances, it shall obtain the approval of the public security organ for running according to the designated time, route and speed, carry a warning mark, and necessary safety measures shall be taken accordingly.

Article 49 A motor vehicle shall not carry persons by exceeding the ratified number, and a passenger transport motor vehicle shall not violate the provisions regarding the carriage of goods.

Article 51 When a motor vehicle is running, the driver and the passengers shall use the safety belts in accordance with the provisions. A motorcycle driver and the passenger shall wear the safety helmets in accordance with the provisions.

Article 52 When a motor vehicle meets with a breakdown on road, and needs to be parked for elimination of the breakdown, the driver shall immediately turn on the danger emergency alarm flash light, and move the motor vehicle to be parked at a place where the traffic will not be impeded; if the motor vehicle is difficult to be moved, the driver shall continuously turn on the danger emergency alarm flash light, and set up a warning mark towards the direction facing the coming vehicles, or take other measures to enlarge the warning distance, and shall, when necessary, promptly call the police.

Article 53 When a police car, fire engine, ambulance or engineering emergency vehicle is performing an urgent task, it may use the alarm or the identification lamps; on the premise of guaranteeing safety, it is not subject to the restriction of driving route, driving direction, driving speed or signal lamp, and other vehicles and pedestrians shall give way.

Article 56 Motor vehicles shall be parked at the prescribed places. It is prohibited to park any motor vehicle on the pavement; except for the parking areas designated in accordance with Article 33 of the present Law.

Whoever temporarily parks a vehicle on road shall not impede the passage of other vehicles or pedestrians.

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 on traffic safety. Non-motor vehicles shall run within the non-motor vehicle lanes; or shall, on the road without 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 running within 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 is designated, the parking of non-motor vehicles shall not impede other vehicles or pedestrians to pass.

Section 4 Provisions on Passage of Pedestrian and Passengers

Article 61 Pedestrians shall walk inside the pavement, or walk on the 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 or pedestrian crossing facilities; or shall pass a crosswalk with traffic signal lamps according to the indications of the traffic signal lamps; or shall pass a road junction without traffic signal lamps or crosswalk, or cross a road at the road section without pedestrian crossing facilities after making sure that it is safe to do so.

Article 63 No pedestrian shall stride over or lean on the segregation facilities of the road, nor shall he jump onto a vehicle or stop a vehicle by force or commit any other act impeding the road traffic safety.

Article 64 Where a preschool child or a patient of mental disease or person with intellectual disability who is unable to identify and control his own act passes on road, he shall be led by his guardian, 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 the vehicles shall give way to the blind person.

Article 65 A pedestrian shall pass a railway crossing according to the traffic signals or the command of the traffic manager; if there are no traffic signals or traffic manager, he shall pass promptly after confirming that no train is coming.

Section 5 Particular Provisions on Expressways

Article 67 None of the pedestrians, non-motor vehicles, tractors, special wheeled mechanical vehicles, hinged passenger vehicles, trailers and other motor vehicles whose designed maximum speed per hour is lower than 70 kilometers, may enter an expressway. The maximum speed per hour indicated on the speed limitation mark of an expressway shall not exceed 120 kilometers.

Chapter V Handling of Traffic Accidents

Article 70 If a traffic accident occurs on road, the vehicle driver shall immediately park the vehicle and protect the scene; if it causes any personal injury or death, the vehicle driver shall immediately rescue the injured, and promptly report to the traffic policeman on duty or the traffic administrative department of the public security organ. If the scene is changed due to rescue of the injured, the location shall be indicated. The passengers, the drivers of the passing vehicles and the passing pedestrians shall provide assistances.

 
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