Regulation on the Implementation of the Road Traffic Safety Law of China

 2018-05-18  59


Regulation on the Implementation of the Road Traffic Safety Law of China


· Area of Law: Traffic and Transport Trade Unions

· Level of Authority: Administrative Regulations

· Date issued:10-07-2017

· Effective Date:10-07-2017

· Status: Effective

· Issuing Authority: State Council

 

Regulation on the Implementation of the Road Traffic Safety Law of China
(Promulgated by the Order No. 405 of the State Council on April 30, 2004; and amended in accordance with the Decision of the State Council to Amend Certain Administrative Regulations by the Order No. 687 of the State Council on October 7, 2017)
Chapter I. General Provisions
Article 1 The present Regulation is formulated in accordance with the Road Traffic Safety Law of the People's Republic of China (hereinafter referred to as the LRTS).
Article 2 All vehicle drivers, pedestrians, passengers, road traffic activity-related entities and individuals within the territory of the People's Republic of China shall abide by the Road Traffic Safety Law and the present Regulation.
Article 3 The local people's governments at the county level or above shall establish and perfect the road safety coordination mechanism, organize the relevant departments to evaluate the impact of urban construction projects on the traffic, formulate an administrative planning on road traffic safety, determine an administrative target and make an implementation plan.
Chapter II Vehicles and Drivers
Section 1 Motor Vehicles
Article 4 The registrations of motor vehicles shall be classified into initial registration, modification registration, transfer registration, mortgage registration and cancellation registration.
Article 5 When applying for the initial motor vehicle plate or driving permit, an applicant shall file an application to the traffic administrative department of the public security organ where the domicile of the owner of the motor vehicle is located. When applying for the initial motor vehicle registration, an applicant shall have the motor vehicle checked and shall submit the following certificates and vouchers:
(1) The identification proof of the owner of the motor vehicle;
(2) The purchase invoice and other proofs of the provenance of the motor vehicle;
(3) The conformity certificate issued when the whole motor vehicle leaves the factory or the import documentation of the imported motor vehicle;
(4) The proof of payment of vehicle purchase tax or tax-exemption documentation;
(5) The proof of mandatory motor vehicle third party liability insurance;
(6) Other proofs and certificates prescribed by any law or administrative regulation to be submitted for the registration of the motor vehicle.
If the type of the motor vehicle isn't one that is exempted from safety technical inspection according to the provisions of the administrative department for motor vehicle products of the State Council, the applicant shall provide a quality certificate of safety technical inspection apart from the above-mentioned certification and proofs.
Article 6 Where a registered motor vehicle is under any of the following circumstances, the owner of the motor vehicle shall file an application to the traffic administrative department of the public security organ, in which this motor vehicle has been registered, for modifying the registration:
(1) The color of its body is changed;
(2) Its engine is changed;
(3) Its body or frame is changed;
(4) The whole motor vehicle is changed by the manufacturer due to any quality problem;
(5) The commercial operating motor vehicle is changed to non-commercial operating motor vehicle or vice versa; or
(6) The owner of the motor vehicle has moved into or out of a domicile within the jurisdiction of the traffic administrative department of the public security organ.
When applying for modification registration of a motor vehicle, the applicant shall submit the following certificates and proofs. If the motor vehicle is under any of the circumstances as listed in Items (1) through (5) of the preceding paragraph, the applicant shall have the motor vehicle checked apart from submitting the following certificates and proofs; if the motor vehicle is under the circumstance as listed in Item (2) or (3) of the preceding paragraph, the applicant shall simultaneously submit the conformity certificate upon safety technical inspection as well:
(1) The identification proof of the owner of the motor vehicle;
(2) The motor vehicle registration certificate; and
(3) The motor vehicle driving permit.
Where the owner of a motor vehicle changes his domicile within the jurisdiction of the traffic administrative department of the public security organ, the name of the owner (entity) or contact way, he shall report to the traffic administrative department of the public security organ, in which the motor vehicle has been registered, for archival purposes.
Article 7 Where the ownership of a registered motor vehicle is changed, the parties concerned shall duly go through the transfer registration formalities.
When applying for transfer registration, the parties concerned shall have the motor vehicle inspected by the traffic administrative department of public security organ where the motor vehicle is registered, and shall submit the following certificates and proofs:
(1) The identification proofs of the parties concerned;
(2) The certificate or proof of the transfer of the ownership of the motor vehicle;
(3) The motor vehicle registration certificate; and
(4) The motor vehicle driving permit.
Article 8 Where the owner of a motor vehicle mortgages the motor vehicle, he (she) shall file an application for mortgage registration to the traffic administrative department of the public security organ where the motor vehicle has been registered.
Article 9 Where a registered motor vehicle meets the mandatory discard standards of the state, the traffic administrative department of the public security organ shall inform the owner of the motor vehicle that he shall go through the formalities for cancellation registration two months before the discard period expires. The owner of the motor vehicle shall sell the motor vehicle the corresponding recycling enterprise, which shall submit the discarded motor vehicle registration certificate, plate, driving permit to the traffic administrative department of the public security organ for cancellation. If the owner of the motor vehicle fails to go through the formalities for cancellation registration within the time limit, the traffic administrative department of the public security organ shall announce that the registration certificate, plate and driving license of this motor vehicle are null and void.
Where an application for cancellation registration due to loss or damage to the motor vehicle, the owner of the motor vehicle shall submit his (her, its) own identification proof to the traffic administrative department of the public security organ as well as the motor vehicle registration certificate.
Article 10 Where the proofs and certificates submitted by an applicant for motor vehicle registration are complete and valid, the formalities for registration shall be completed by the traffic administrative department of the public security organ on the spot.
With regard to a motor vehicle seized or detained by the people's court, people's procuratorate or administrative law enforcement department, the traffic administrative department of the public security organ shall refuse to register the motor vehicle.
Article 11 Where the owner of motor vehicle applies for a new registration certificate, plate or driving permit because the former one is lost or destroyed, he shall submit his identification proof and application materials to the traffic administrative department of the public security organ. Upon verifying against the registered files of this motor vehicle, the traffic administrative department of the public security organ shall issue a new registration certificate, plate, driving permit to the applicant within 15 days from the day when the application is received.
Article 12 The tax department or insurance institution may, in a centralized way, handle the motor-vehicle-related tax payments or conclusion of insurance contracts at the office of the traffic administrative department of public security organ.
Article 13 The plate of a motor vehicle shall be fixed at the specified places of the front and back of the motor vehicle, and shall be kept clear and complete. An enlarged plate number shall be painted at the back of the body or container of a heavy lorry, medium-type truck or tractor and its trailer, the letters shall be standard and clear.
The motor vehicle conformity inspection mark and the insurance sign shall be stuck on the upper corner of the right of the front window of the motor vehicle.
Any mark, sign, or advertisement painted on the body of a motor vehicle shall not affect the safety of driving.
Article 14 A road passenger automobile, heavy lorry or semi-trailer tractor shall be equipped with or use a driving record instrument that meets the standards of the state. The traffic police may examine the driving speed, consecutive driving time and other driving information of motor vehicles. The installation of driving record instruments may be carried out in several steps, which shall be specified by the administrative department for motor vehicle product of the State Council jointly with other relevant departments.
Article 15 The motor vehicle safety technical inspection shall be conducted by the motor vehicle safety technical inspection institutions according to the standards of the state on motor vehicle safety technical inspection. The motor vehicle safety technical inspection institutions shall bear the legal liabilities for the inspection conclusions.
The quality & technical supervisory department shall be responsible for the measure authentication management related to the motor vehicle safety technical inspection institutions, shall check and test the motor vehicle safety technical inspection equipment, and shall supervise the implementation of the national standards on motor vehicle safety technical inspection.
The items of motor vehicle safety technical inspection shall be specified by the public security department of the State Council jointly with the quality & technical supervisory department of the State Council.
Article 16 A motor vehicle shall, as of the day when it is registered, be subject to safety technical inspection according to the following frequencies:
(1) An operating passenger automobile shall be subject to one inspection every year during the first 5 years. If it exceed 5 years, it shall be subject to one inspection every 6 months;
(2) A truck and large or medium-sized non-operating passenger automobile shall be subject to one inspection every year during the first 10 years. If it exceed 10 years, it shall be subject to one inspection every 6 months;
(3) A small or mini non-operating passenger automobile shall be subject to one inspection every two years during the first 6 years. If it exceeds 6 years, it shall be subject to one inspection every year. If it exceeds 15 years, it shall be subject to one inspection every 6 months.
(4) A motorcycle shall be subject to one inspection every two years during the first 4 years. If it exceeds 4 years, it shall be subject to one inspection every year.
(5) A tractor and any other motor vehicle shall be subject to one inspection every year.
If an operating motor vehicle is determined as qualified upon safety technical inspection within the prescribed time limit for inspection, it needn't accept any repeated safety technical inspection.
Article 17 When conducting safety technical inspection on a registered motor vehicle, the inspection institution shall not determine the motor vehicle as qualified if there is any discrepancy between the information recorded on its driving permit and its actual situation, or if the party concerned fails to provide a voucher of mandatory motor vehicle third party liability insurance.
Article 18 The specific provisions on the painting of marked patterns for police cars, fire engines, ambulances and engineering emergency vehicles, and on the installation and uses of alarms or identification light shall be formulated by the public security department of the State Council.
Section 2 Motor Vehicle Drivers
Article 19 Any person satisfying the conditions for driving as prescribed by the public security department of the State Council may file an application to the traffic administrative department of the public security organ for motor vehicle driving license.
The public security department of the State Council motor vehicle license shall specify the format of and supervise the making of motor vehicle driving license.
Article 20 Anyone who learns how to drive a motor vehicle shall first learn the laws, regulations and other knowledge related to road traffic safety, then take an examination. If passes the examination, he may start to learn motor vehicle driving skills.
When learning on-road driving, a student shall observe the route and time specified by the traffic administrative department of public security organ. When learning motor vehicle driving skills on road, he shall use a learner-driven vehicle and shall be accompanied by a trainer, shall not take any one who has nothing to do with teaching. If a student violates the law or causes any traffic accident during the period of learning driving, the trainer shall bear the corresponding liabilities.
Article 21 The traffic administrative departments of public security organ shall conduct an examination over the persons applying for motor vehicle driving license and issue a motor vehicle driving license to those who pass the examination within 5 days, and shall give written explanations to the persons who fail to pass the examination.
Article 22 The valid period of a motor vehicle driving license shall be 6 years unless it is otherwise provided for by the present Regulation.
The 12 months after a motor vehicle driver first obtains a motor vehicle driving license shall be his internship period. During this period, a uniform internship mark shall be stuck to or hang at the back of the motor vehicle driven by him.
During the period of internship, a motor vehicle driver may drive
no bus, operating passenger automobile, or fire engine, ambulance and engineering emergency vehicle, or motor vehicle carrying explosives, inflammable or explosive chemicals, virulent or radioactive substances or other dangerous substances, or motor vehicle with a trailer.
Article 23 With regard to a motor vehicle driver who violates road traffic safety laws and regulations, the administrative department for public security shall not only give him an administrative penalty, but also adopt an accumulative score system for road traffic safety offences. The accumulative score period shall be 12 months. Where the accumulative score of a motor vehicle driver reaches 12, the administrative department for public security organ shall detain his motor vehicle driving license, and he shall participate in training of road traffic safety laws and regulations and take examination. If he passes the examination, the accumulative score shall be cleared off and the motor vehicle driving license shall be given back to him. If he fails to pass the examination, he shall continue to participate in training and take examination.
The specific road traffic safety violations and their score values shall be formulated by the public security department of the State Council according the severity of the damage caused by the road traffic safety violations.
The traffic administrative department for public security organ shall provide the motor vehicle drivers with a way, by which they may inquire about the their score.
Article 24 Where the accumulative score of a motor vehicle driver is less than 12, and the fines imposed on him have been paid, these scores shall be cleared off; if the accumulative score is less than 12, but the fines haven't been paid, then the accumulative score shall go to the next period.
With regard to a motor vehicle driver whose accumulative score within a period reaches 12 due to two infractions, his motor vehicle driving license shall be detained and he shall participate in training and take examination according to Article 23. In addition, he shall take driving skills examination. If he passes the examinations, the accumulative score shall be cleared off and the motor vehicle driving license shall given back to him. If he fails to pass the examination, he shall continue to participate in training and take examinations.
The driving skills examination taken by him shall conform to the one for the motor vehicle of the permitted highest type as stated on his driving license.
Article 25 Where the accumulative score of a motor vehicle driver reaches 12, but he (she) refuses to participate in the training required by the traffic administrative department of the public security organ, but also fails to take examinations, the traffic administrative department shall announce the suspension of his motor driving license.
Article 26 Within the 6-year valid period of the motor vehicle driving license of a driver, if the accumulative score in each period is less than 12, then he may have his motor vehicle driving license been replaced by one with 10-year valid period. Within the 10-year valid period, if the accumulative score in each period is less than 12, then he may have his motor vehicle driving license been replaced by a long-term valid one.
When changing a motor vehicle license, the traffic administrative department of public security organ shall examine and verify it.
Article 27 Where a motor vehicle driving license is lost or destroyed, the motor vehicle driver shall submit his own identification proof and application materials to the traffic administrative department of public security organ if he applies for a new one. After the traffic administrative department of public security organ verifies them against the files, it shall issue a new motor vehicle driving license to the applicant within 3 days.
Article 28 Where a motor vehicle driving license of a motor vehicle driver is lost, destroyed or expires, or the accumulative score of the driver reaches 12, the motor vehicle driver shall not drive any motor vehicle.
Chapter III. Conditions for Road Passage
Article 29 The traffic signal light shall be classified into: motor-vehicle signal light, non-motor vehicle signal light, crosswalk signal light, direction instruction signal light, direction-guiding signal light, flash warning signal light and road-railway level crossing signal light.
Article 30 The traffic signs shall be classified into guiding signs, warning signs, prohibition signs, road guiding signs, tourist area signs, road construction safety signs and auxiliary signs.
The road traffic lines shall be classified into guiding lines, warning lines and prohibition lines.
Article 31 The instructions of traffic police shall be classified into hand signals and traffic command signals by using instruments.
Article 32 Crosswalks, overpasses or underpasses shall be built at the sections of roads with crosses and relatively many pedestrians.
At the sections of roads with relatively plenty of blind people, the crosswalk signal lamps shall have voice instruction devices.
Article 33 The relevant departments of the people's government of a city may, under the precondition of not affecting the pass of pedestrians and vehicles, set parking spaces on city roads, and shall specify the parking time.
Article 34 Opening or adjusting a route or station of buses or long-distance buses shall be in line with the traffic planning and shall meet the safety and smoothness requirements.
Article 35 When conducting maintenance on a road, a road maintenance and construction-undertaking entity shall set up safety alarm marks and safety protection facilities according to the relevant provisions. The road maintenance and construction vehicles or machines shall be equipped with alarm lamps and be painted with eye-catching marked patterns. When a road maintenance and construction vehicle or machine is working, its alarm lamps and danger alarm flash lamps shall be turned on. With regard to a road under maintenance without suspending traffic, the traffic administrative department of the public security organ shall strengthen the supervision and inspection over the traffic safety. When there occurs a traffic jam, it shall timely streamline or guide the traffic, and keep the traffic order.
When requiring vehicles to detour the road under construction, the construction-undertaking entity shall set up signs at the place of detour; if it is impossible to require the vehicles to make a detour, it shall build temporary passage so as to ensure the pass of vehicles and pedestrians. When it is necessary to suspend the traffic by closing a road, it shall announce to the general public 5 days prior to closing the road except for emergencies.
Article 36 The road or traffic facilities maintenance departments or administrative departments thereof shall set up alarm marks and safety protection facilities according to the standards of the state at the dangerous road sections such as blind bends, steep slopes, or sections near cliffs or water.
Article 37 Where the road traffic signs or lines aren't standard and it is easy for the motor vehicle drivers to make mistakes in distinguish them, the administrative departments for traffic signs and lines shall duly improve them.
The road illuminating facilities shall meet the technical standards on road construction, shall ensure that they function perfectly.
Chapter IV Provisions on Road Passage
Section 1. General Provisions
Article 38 The motor vehicle signal lamps and non-motor vehicle signal lamps may give signals by:
(1) green light, which means that vehicles are allowed to proceed, but the making-a-turn vehicles shall not interfere with the movement of the straight-moving vehicles and pedestrians that are allowed to pass;
(2) yellow light, which means that the vehicles across the stop line may keep on driving;
(3) red light, which means that vehicles are prohibited from passing.
With regard to a cross without non-motor-vehicle signal lamps and pedestrian crosswalk signal limps, the non-motor vehicles and pedestrians shall pass the cross by following the motor vehicle signal light.
At red light, the right-turn vehicles may proceed without interfering with the movement of the vehicles and pedestrians that are allowed to pass.
Article 39 The pedestrian crosswalk signal lamps may give signals by:
(1) green light, which means that the pedestrians are allowed to pass the crosswalk;
(2) red light, which means that the pedestrians are prohibited from entering crosswalk, but those have entered in it may go on passing or wait on the midline of the road.
Article 40 The driveway signal lamps may give signals by:
(1) green arrow, which means the vehicles along this lane are allowed to proceed in the direction of the arrow;
(2) red crossing light or red arrow, which means the vehicles along this lane are prohibited from proceeding.
Article 41 The arrows of signal lamps in the direction of left, upward or right refer to turning left, going straightly or turning right.
Article 42 Where the flash alarm signal lamps give a signal by continuous flashing yellow light, it hints that the vehicles and pedestrians shall look out and may pass after confirming it is safe.
Article 43 Where there are two red alarm lamps flashing alternately or a red lamp is shown at a road-railway level crossing, the vehicles and pedestrians are not allowed to pass; if the red lamp is turned off, the vehicles and pedestrians are allowed to pass.
Section 2. Provisions on Passage of Motor Vehicles
Article 44 Where there are 2 or more motor-vehicle lanes in the same direction on a road, the left one is fast driveway, the right one is slow driveway. The vehicles along the fast driveway shall run at a speed according to the provisions on fast driveway speed, if a vehicle fails to run at such a speed, it shall turn to the slow driveway. Motorcycles shall be driven along the furthest right lane. Where there is traffic sign indicating the driving speed, the motor vehicles shall be driven by following the said speed. Where a motor vehicle passes a motor vehicle ahead of it, it may use the fast driveway.
Where there are 2 or more motor vehicle lanes in the same direction on a road, the motor vehicles changing lanes shall not affect the motor vehicles driving normally along the corresponding lanes.
Article 45 No motor vehicle running on a road may exceed the speed as indicated on the speed limitation sign or line. On a road without speed limitation sign or line, no motor vehicle may exceed the following top speeds:
(1) With regard to a road without midline, city road 30 km / hour, highway 40 km / hour;
(2) With regard to a road with only one driveway, city road 35 km / hour, highway 70 km / hour.
Article 46 Where a running motor vehicle is under any of the following circumstances, its top speed shall not exceed 30 km / hour; moreover, a tractor, storage battery car or special wheeled mechanical vehicle shall not exceed 15 km / hour:
(1) Entering or exiting a non-motor vehicle lane, passing a railway crossing, blind bend, narrow road or narrow bridge;
(2) Turning around, left or right, or running down a steep slope;
(3) In case of such weather conditions as fog, rain, snow, dust or hailstorm, the visibility is less than 50 meters;
(4) Driving on an icy, snowy or muddy road;
(5) Towing a motor vehicle that doesn't work.
Article 47 When a motor vehicle overtakes another one, it shall turn on left turn light, use the high-beam and low-beam headlight alternately or sound the horn. When driving on a road without midline or with only one driveway of same direction, if a motor vehicle is given a overtaking signal by a motor vehicle approaching from behind, it shall slow down its speed and yield to the right where possible. After confirming there is a sufficient safe distance, the latter shall overtake the vehicle mentioned first from its left side, and after there is a second necessary safe distance between them, the overtaking vehicle shall turn on right turn light and return to the original lane.
Article 48 On a road without central segregation facilities or midline, when any motor vehicles face motor vehicles approaching from the opposite direction, it shall abide by the following provisions:
(1) Each shall slow down its speed and keep a necessary safe distance from other vehicles and pedestrians;
(2) At a road section with barriers, the motor vehicles facing no barrier shall go first; but if those facing barriers have entered into the section with barriers and the motor vehicles facing no barrier haven't yet, those facing barriers shall go first;
(3) At a narrow slope, those climbing the slope shall go
first; but when the going-down vehicles have been in the midway and the climbing vehicles haven't started to climb, the going-down vehicles shall go first;
(4) On a narrow mountain road, the vehicles rather than those driving on the side by the mountain shall go first;
(5) When driving at night, a motor vehicle shall use low-beam light at a distance of more than 150 meters from any motor vehicle approaching from the opposite direction. On a narrow road or bridge, a motor vehicle shall use low-beam light when meeting non-motor vehicles.
Article 49 No motor vehicle may turn around at a place where there is a sign or line prohibiting U-turns or left turns, or at a railway crossing, crosswalk, bridge, blind bend, steep slope, tunnel or a dangerous road section.
The motor vehicles may turn around at a place where there is no sign or line prohibiting U-turns or left turns, but shall not interfere with the normal movement of other vehicles and pedestrians.
Article 50 Before moving backward, a motor vehicle shall pay attention to the situation behind it. It may move backward after making sure it is safe to do so. No motor vehicle may move backward at a railway crossing, crosswalk, bridge, blind bend, steep slope, tunnel or a dangerous road section.
Article 51 When passing an intersection with traffic signal light, the motor vehicle shall follow the following requirements:
(1) At the junction with directional lanes, they shall drive into the one it needs by following the direction as indicated;
(2) If they prepare to enter into a round road, they shall let those who have been entered into the road go first;
(3) When they prepare to turn left, they shall make a turn from the left side of the central point at the intersection. When making a turn, they shall turn on the turn light, and shall turn on the low-beam light at night;
(4) When facing a movement signal, they shall proceed in turn;
(5) When facing a stop signal, they shall stop beyond the stop line in turn. If there is no stop line, they shall stop beyond the intersection;
(6) When the motor vehicles ahead of those along the same lane who prepare to turn right are waiting for movement signal, all of them shall stop to wait;
(7) At an intersection without directional signal lamp, the motor vehicles prepare to make a turn shall allow the straight-moving vehicles and pedestrians go first. The right-turn motor vehicles shall allow the oncoming left-turn motor vehicles go first.
Article 52 The motor vehicles at a intersection without traffic signal light and traffic police shall follow the following provisions besides those in Article 51 (2) and (3):
(1) If there are traffic signs or lines, the vehicles with passage priority shall be allowed to go first;
(2) If there is no traffic sign or line at the intersection, a motor vehicle shall stop to look out before entering into the intersection and let the oncoming vehicles from the right road go first;
(3) The making-a-turn motor-vehicles shall let the straight moving ones go first; and
(4) The right-turn ones shall let the oncoming left-turn motor vehicles go first.
Article 53 Where any motor vehicles find that there is a traffic jam at the intersection ahead of them, they shall wait in the queue beyond the intersection, shall not enter into this intersection.
Where any motor vehicles find that the vehicles ahead are waiting in a queue or are moving slowly, they shall queue in turn, shall not pass the vehicles ahead from both sides or overtake them or occupy the driveway on the other side, nor may they park to wait at the crosswalk or within the area of reticulation lines.
At a road junction or at a road section where the driveways become less, if any motor vehicles find that the motor vehicles ahead are waiting in a queue or are moving slowly, they shall enter into the said road junction or road section alternatively in turn.
Article 54 The weight of goods carried by a motor vehicle shall not exceed the ratified load capacity. The load length and width shall not exceed its carriage and shall conform to the following requirements:
(1) As to the heavy lorry, medium-type truck or semi-trailer, its load height shall not exceed 4 m from the ground; a container car, 4.2 m;
(2) As to any other motor vehicle carrying goods, its load height shall not exceed 2.5 m from the ground;
(3) As to a motorcycle, its load height shall not exceed 1.5 m from the ground and its load length shall not extend more than 0.2 m beyond its body. A two-wheeled motorcycle, the load width shall not extend more than 0.5 m beyond the handle on either side. For a three-wheeled motorcycle, its load width shall not exceed its own.
A passenger automobile shall not carry goods except for its external luggage racks and internal luggage trunks. The load height of the luggage racks of a passenger automobile shall not extend beyond the top of the automobile by 0.5m or more, and shall not exceed 4 m above the ground.
Article 55 The motor vehicles shall abide by the following provisions when carrying persons:
(1) The number of passengers carried by a road passenger automobile shall not exceed the ratified number, however, excluding the children exempt from tickets under relevant provisions. In the case of attaining the ratified number, the children exempt from tickets under relevant provisions shall not exceed 10 % of the ratified number of passengers;
(2) No carriage of a cargo motor vehicle may carry passengers. On a city road, a cargo motor vehicle may carry 1-5 temporary operators in its carriage on the precondition that it leaves safe room. When the load height exceeds that of the breast board, no person may be carried together with the goods;
(3) No minor under age of 12 may take the rear seat of a motorcycle. No light motorcycle may carry passengers.
Article 56 The trailers towed by motor vehicles shall meet the following requirements:
(1) A cargo automobile, semi-trailer tractor or tractor is allowed to tow only one trailer. The light signals, brakes, joint and safety devices shall meet the standards of the state;
(2) A mini passenger car is allowed to tow a caravan or a trailer with total weight less than 700 kg. No trailer may carry passengers.
(3) The load capacity of the trailer towed by a cargo automobile shall not exceed the cargo automobile's own load capacity.
Large and medium-sized buses, low-speed cargo automobiles, 3-wheel automobiles and other motor vehicles shall not tow any trailer.
Article 57 A motor vehicle shall use turn lamps according to the following requirements:
(1) It shall turn on the left turn lamps before it turns left, overtakes a vehicle, gets into the left-hand lane, leaves the parking place or makes a U-turn;
(2) It shall turn on the right turn lamps before its turns right, gets into the right-hand lane, gets into the former lane after overtaking any vehicle, parks by the roadside.
Article 58 When a motor vehicle is driving at night on a road without road lamp or in poor light or in case of such weather conditions as fog, rain, snow, dust or hailstorm etc., it shall turn on the front headlight, end outline marker lamp and rear position lamps. However, when some motor vehicles at short distance are running in the same direction, they shall not use high-beam headlight. When a motor vehicle is driving in fog, it shall turn on the fog light and the danger warning flash light.
Article 59 When a motor vehicle is passing a blind bend, slope, arch bridge, crosswalk or a intersection without traffic signal light at night, it shall use the high-beam headlight and low-beam headlight alternatively.
When a motor vehicle is approaching a blind bend, the top of a slope or other road section that may impede the safe range of visibility, or when it is overtaking another motor vehicle or under an emergency, it shall slow down its speed and blow its horn.
Article 60 If a motor vehicle impedes the traffic and is hard to move because something goes wrong with it or any traffic accident occurs, it shall turn on the danger warning flash light and set up a warning mark at a place of 50 – 100 m behind it under relevant provisions. Moreover, if at night, it shall simultaneously turn on the end outline marker lamp and rear position lamps as well.
Article 61 When towing any disabled or wrecked motor vehicle, one shall abide by the following provisions:
(1) The towed motor vehicle shall not carry any other person except for the driver, nor may it tow any trailer;
(2) The width of the towed motor vehicle shall not exceed that
of the towing motor vehicle;
(3) When using soft joint towing devices, the distance between the towing motor vehicle and towed one shall be more than 4 m but less than 10 m;
(4) As to a towed motor vehicle whose brakes have gone wrong, one shall use hard joint towing devices to tow it;
(5) The towing motor vehicle and towed motor vehicle shall both turn on the danger warning flash light.
No motor crane or special wheeled mechanical vehicle may tow any vehicle. No motor cycle may tow any vehicle or be towed by any other vehicle.
As to a motor vehicle whose turn, illumination or signal devices don't work, one shall use a special wrecker to tow it.
Article 62 When driving a motor vehicle, the driver shall not commit any of the following acts:
(1) Driving without the door, carriage properly closed;
(2) Hanging or placing articles that may interfere with his visibility within the ranges of front and rear windows of the cab;
(3) Dialing or answering phone calls by cellphone, or watching TV, or committing other acts that may interfere with the safety of driving;
(4) When running down a steep slope, he stops the engine or let the motor vehicle slide in neutral gear;
(5) Throwing articles on road;
(6) Driving a motorcycle with his hands off the handles or with articles hanging on the handle(s);
(7) He has driven a motor vehicle for more than 4 consecutive hours without stopping to have a rest; or even if he stops for a rest, but the rest time is less than 20 minutes;
(8) Blowing the horn in an area or road section where horning is barred.
Article 63 A driver shall abide by the following provisions when he is to park the motor vehicle on a road temporarily:
(1) He shall not stop the motor vehicle at a road section with no-parking signs or lines or road section with segregation barriers between sideways or crosswalk or construction section;
(2) He shall not stop the motor vehicle at an intersection, railway cross, blind blend, narrow road with its width less than 4 m, bridge, steep slope, tunnel or road section with 50 m from any of the said places;
(3) He stops the motor vehicle at the gate of a bus stop, first-aid station, gas station, fire hydrant or fire control group (station), or at a road section within 30 m from any of the said places, unless he uses such facilities;
(4) Before stopping a vehicle properly, a driver shall not open the door of the motor vehicle and let people get on or get off;
(5) When stopping the motor vehicle by a roadside, he shall stop it on the right side of the road, shall not leave the motor vehicle, and shall drive it away after the people have got on or off, or the articles have been loaded or unloaded;
(6) No urban bus may stop to let passengers get on or off unless at the bus stops.
Article 64 Before passing a submerged road or bridge, the driver of a motor vehicle shall stop to check the situation, he (she) shall pass it at low speed after making sure that it is safe.
Article 65 When a motor vehicle overloaded with goods passes a railway crossing, it shall follow the crossing and time designated by the local railway department.
When a motor vehicle passes a crossing, it shall obey the command of the managerial persons of the crossing, and shall wait for its turn at the designated place. When the motor vehicle drives onto or off the ferry, it shall run at a low speed.
Article 66 When a police car, fire engine, ambulance or engineering emergency vehicle, which is performing an urgent task, is in a traffic jam, it may use the alarm intermittently and shall be in compliance with the following requirements:
(1) It shall not use the alarm within an area or road section where alarms are barred;
(2) At night, it shall not use the alarm in the downtown;
(3) When it is driving by forming a queue with other vehicles, if the vehicle ahead has used the alarm, it shall not do so any more.
Article 67 Within the courtyard of an entity or a residential area, the motor vehicles shall run at low speed, shall give way to pedestrians; if there is any speed limit sign, it shall run at the prescribed speed.
Section 3 Provisions on Passage of Non-motor Vehicles
Article 68 when passing a cross controlled by traffic signal light, the motor vehicles shall abide by the following provisions:
(1) The making-a-turn motor vehicles shall let the vehicles and pedestrians who are moving straightly go first;
(2) When there is a traffic jam at the forward cross, they shall not enter it;
(3) The turning-left motor vehicles shall make a turn by the right side of the center of the cross;
(4) Under a stop sign, they shall park in a queue beyond the stop line of the cross. Without stop line, they shall park outside the cross;
(5) When a turning-right motor vehicle finds that any motor vehicle ahead of it in the same direction is waiting for the "Go" signal, if it is able to make a turn within its lane, it may pass; otherwise, it shall wait for its turn.
Article 69 When passing an intersection without any traffic signal light or command of traffic police, the non-motor vehicles shall not only abide by Article 68 (1), (2) and (3), but also the following provisions:
(1) If there are traffic signs or lines, those with passage priority shall be allowed to pass first;
(2) If there is no traffic sign or line, they shall run slowly or stop to look out outside the cross, and shall let the oncoming vehicles from the right road go first;
(3) The right-turn non-motor vehicles shall let the oncoming left-turn vehicles go first.
Article 70 Before a person who rides a bike, electric bike or pedicab crosses a driveway, he (she) shall get off, and then push it forward. If there is a crosswalk or pedestrian cross facilities, he (she) shall pass the driveway through the crosswalk or pedestrian cross facilities; if there is no crosswalk or pedestrian facilities or it is inconvenient for him (her) to use the pedestrian cross facilities, he (she) may pass straightly after believing it is safe to do so.
As to a non-motor vehicle that is unable to run within the occupied non-driveway, it may use the neighboring driveway at the road section where it is obstructed, and after passing the said road section, it shall return to the non-driveway rapidly. Under such circumstance, the motor vehicles shall slow down their speed and yield the way to it.
Article 71 The non-motor vehicles carrying goods shall comply with the following provisions:
(1) As to a bike, electric bike or motor wheel chair vehicle of a disabled person,its load height shall not exceed 1.5 m above the ground; load width shall not extend more than 0.15 m beyond the handle on either side; load length, the front of the goods shall not extend beyond the shaft, the back shall not extend more than 1 m beyond its body.
(2) As to a pedicab or rickshaw, its load height shall not exceed 2 m above the ground; load width shall not extend more than 0.15 m beyond the handle on either side; load length shall not extend more than 1 m beyond its body;
(3) As to an animal-drawn cart, its load height shall not exceed 2.5 m from the ground and its load width shall not extend more than 0.2 m beyond its body; load length, the front of the goods shall not extend beyond the shaft, the back of the goods shall not extend more than 1 m beyond its body.
The provisions on carrying persons by bike shall be formulated by the people's government of each province, autonomous region or municipality directly under the Central Government while taking into consideration its actual circumstances.
Article 72 Anyone who rides a bike, pedicab, electric bike or driving a motor wheel chair vehicle of a disabled person on road shall abide by the following provisions:
(1) He (She) shall not ride a bike and pedicab unless attains the age of 12;
(2) He (She) shall not ride a electric bike or drive a motor wheel chair vehicle of a disabled person unless attains the age of 16;
(3) He (She) not ride or drive under the influence of alcohol;
(4) Before he (she) makes a turn, he (she) shall slow down the speed and shall stretch out his (her) hand to give notice of attention, shall not make a turn suddenly; when he overtakes a vehicle ahead, shall not interfere with its normal movement;
(5) He (She) shall not tow, climb a vehicle or be towed by any other vehicle, shall not ride (drive) a vehicle with both hands off the handlebars or with an article in his hands;
(6) He (She) who is riding a vehicle shall not ride abreast of any other person who is riding a bicycle shall not chase each other or race with others in a zigzag way;
(7) He (She) shall not ride a unicycle or a bike for 2 or more persons on road;
(8) He (She) shall not drive a motor wheel chair vehicle of a disabled person unless his (her) lower limbs are disabled;
(9) He (She) shall not install any power device on his (her) bike or pedicab; and
(10) He (She) shall not learn how to ride a non-motor vehicle on road.
Article 73 Anyone who drives an animal-drawn cart shall have attained the age of 16 and shall abide by the following provisions;
(1) He (She) not drive under the influence of alcohol;
(2) He shall not drive abreast of other vehicle, shall not leave the cart;
(3) He (She) shall not overtake other vehicles when passing a busy road section, cross, railway crossing, crosswalk, blind bend, narrow road, narrow bridge, steep slope or tunnel whose width is less than 4 m, or road section where dangers are easy to occur. When driving a 2-wheel animal-drawn cart, he (she) shall get off the cart and lead the animal;
(4) He (She) shall not use any un-tamed animal to draw the cart, and shall tie up the young animal accompany the cart; and
(5) When parking the cart, he (she) shall strain the brakes and tie up the animal (s).
Section 4 Provisions on Passage of Pedestrians and Passengers
Article 74 No pedestrian may commit any of the following acts:
(1) Using sliders, roller skates and other sliding tools on road;
(2) Sitting, lying, staying or frolicking within the bicycle path; or
(3) Chasing any vehicle, throwing some articles toward any vehicle and other acts impeding the road traffic safety.
Article 75 The pedestrians shall cross a motor vehicle driveway through the pedestrian facilities; without such facilities, they shall cross it through the crosswalk; without crosswalk, shall look out the coming and going vehicles, may pass it straightly after making sure that it is safe to do so, shall not cross it by speeding up suddenly or move back or turn back in the midway.
Article 76 Where pedestrians are walking on a road in queues, the number of person in each traverse queue shall not exceed 2, but who are not subject to this limit at a road section under traffic control.
Article 77 When taking any motor vehicle, one shall abide by the following provisions:
(1) He shall not stop or take any motor vehicle within a motor vehicle driveway;
(2) He shall not get on or get off a motor vehicle from its left side within a motor vehicle road;
(3) His opening the door of a motor vehicle shall not interfering with the movement of other vehicles and pedestrians;
(4) While a motor vehicle is running, no passenger may interfere with the driving, stretch any part of his body out of the vehicle or jump out of the vehicle; or
(5) When taking a 2-wheeled motorcycle, he shall sit in the same direction as the driver does.
Section 5 Particular Provisions on Expressways
Article 78 The driving speeds on an expressway shall be marked, the maximum speed shall not exceed 120 km / hour, the minimum speed shall not be less than 60 km / hour.
The maximum speed of a small passenger vehicle running on an expressway shall not exceed 120 km / hour, other motor vehicles shall not exceed 100 km / hour, a motorcycle shall not exceed 80 km / hour/.
Where there are 2 lanes of the same direction, the minimum speed of a motor vehicle in the left lane 100 km / hour. Where there are 3 or more lanes of the same direction, the minimum speed of a motor vehicle in the furthest lane shall be 110 km / hour, the minimum speed of a motor vehicle in the median lane shall be 90 km / hour. Where there is any discrepancy between the driving speeds as indicated on the speed limitation mark and the above-mentioned provisions on speeds, one shall follow the driving speeds as indicated on the speed limitation mark.
Article 79 Before a motor vehicle drives into an expressway from a ring road, it shall turn on its left-turn light. It may drive into the expressway without interfering with the normal running of the motor vehicles on the expressway.
Before a motor vehicle leaves the expressway, it shall turn on the right turn light, shall drive into the decreasing speed lane. It may leave the expressway after lower its speed.
Article 80 Where a motor vehicle is running on an expressway at a speed over 100 km / hour, it shall keep a distance of more than 100 m from the vehicle ahead in the same lane; if at a speed less than 100 km / hour, the distance from the vehicle ahead may be properly shortened, but which shall not be less than 50 m.
Article 81 Anyone who is driving a motor vehicle on an expressway under the weather conditions of low visibility such as fog, rain, snow, dust or hailstorm shall abide by the following provisions:
(1) If the visibility is less than 200 m, he (she) shall turn on the fog light, low-beam headlight, end outline marker lamp, front and rear position lamps, shall drive at a speed less than 60 km / hour, and shall keep a distance of 100 m from the vehicle ahead;
(2) If the visibility is less than 100 m, he (she) shall turn on the fog light, low-beam headlight, end outline marker lamp, front and rear position lamps and danger warning flash light, shall drive at a speed less than 40 km / hour, and shall keep a distance of 50 m from the vehicle ahead;
(3) If the visibility is less than 50 m, he (she) shall turn on the fog light, low-beam headlight, end outline marker lamp, front and rear position lamps and danger warning flash light, shall drive at a speed less than 20 km / hour, and shall leave the expressway through the nearest exit.
Under the circumstances as mentioned in the preceding paragraph, the administrative department for expressways shall release the instructing information relating to speed limits and keeping distance etc. through displaying screens.
Article 82 Anyone who is driving a motor vehicle on an expressway shall not commit any of the following acts:
(1) Moving backward, going in a direction not allowed by traffic regulations, turning around by traversing the central segregation belt or parking within a lane;
(2) Overtaking a vehicle in a ring road, accelerating speed lane or decreasing speed lane;
(3) Driving a motor vehicle over or on the demarcation line or on the road shoulder;
(4) Driving or parking a motor vehicle in an emergency lane under no emergency;
(5) Trying or learning to drive a motor vehicle.
Article 83 No person may be carried in the carriage of motor truck running on an expressway. No person may be carried by a motor vehicle running on an expressway.
Article 84 Before a motor vehicle passes a road section under construction, it shall pay attention to the warning marks, and slow down its speed.
Article 85 The traffic safety management concerning urban fast roads shall be carried out by referring to the provisions in this Section.
The road traffic safety management of the expressways and urban fast roads may be undertaken by the traffic administrative department of the public security organ of the municipal people's government with districts or the traffic administrative department of the public security organ on the corresponding level upon the designation of the traffic administrative department of the public security organ of the people's government of the province, autonomous region, or municipality directly under the Central Government.
Chapter V Handling of Traffic Accidents
Article 86 Where any traffic accident occurs between motor vehicles or between a motor vehicle and a non-motor vehicle without causing any personal injury, and none of the parties concerned has any dispute regarding the facts and the cause, they may, after recording the time, venue, the name and contact information of the opposite party, license plate number, driving license number, insurance policy number, and the collided positions, and after affixing their signatures, leave the place of accident to negotiate upon their own initiatives about damage issues. Where the parties concerned have dispute over the facts or cause of accident, they shall call a police immediately.
Article 87 Where any accident occurs between non-motor vehicles or between a non-motor vehicle and a pedestrian without causing any personal injury, and the basic facts and the cause of accident are clear, the parties concerned may leave the venue of accident to discuss among themselves about damage issues. Where the parties concerned have dispute over the facts or cause of the accident, they shall call a police immediately.
Article 88 Where any accident occurs to a motor vehicle, causing the damage of such facilities as the road, electricity supply, or communications, the driver may not leave the venue of accident, and must call a police for handling. Where the vehicle may be moved away, it shall be moved to a place so as not to hinder the traffic. The traffic administrative department of the public security organ shall inform other relevant departments of the accidents.
Article 89 Where the traffic administrative department of the public security organ or any traffic police receives any accident-related call for police, it shall hurry to the venue of accident without delay. In case no personal injury is caused, if the facts are clear, and the motor vehicle can be moved away, he shall, after recording the accident, order the parties concerned to leave the place of accident so as to resume normal traffic. If any of them refuses to leave, he shall force him or her to leave.
In the case of any road traffic accident as described in the preceding paragraph, the traffic police may apply the simplified procedures to the handling of the accident, and issue a note of accident liability determination. Where all the parties concerned request for mediation, the police may make mediation on the spot regarding dispute over damage compensation.
If the accident has caused any personal injury or death or loss of property, and it is necessary to make a survey and onsite inspection, the traffic administrative department of the public security organ shall do so in line with the working procedures for survey and inspection. After making the survey and inspection, he shall have the place of accident cleaned up so as to resume normal traffic.
Article 90 Where any traffic accident occurs to a motor vehicle under mandatory third-party liability insurance, and it is necessary for the insurance company to pay for the rescue of the injured person(s), the traffic administrative department of the public security organ shall inform the insurance company.
Where it is necessary to make an advance payment out of the road traffic accident relieve fund for the rescue of injured person(s), the traffic administrative department of the public security organ shall notify the administrative department of the road traffic accident relieve fund.
Article 91 The traffic administrative department of the public security organ shall determine the liabilities of the parties concerned according to the contribution of the parties concerned to the accident and severity of their respective fault.
Article 92 Where any party concerned flees away from the place of accident after its occurrence, the person who flees away shall be fully responsible for the accident. However, if there is evidence to show that the opposite party is also in fault, his liabilities may be mitigated.
Any party concerned who intentionally disrupts or fabricates the place of accident or destroys any evidence shall be fully responsible for the accident.
Article 93 The traffic administrative department of the public security organ shall make a note of traffic accident liability determination within 10 days after making the survey and onsite inspection of a traffic accident. Where it is necessary to make any test or authentication, the note of traffic accident liability determination shall be made within 5 days after the result of test or authentication comes out.
Article 94 Where the parties concerned are in dispute over the compensation for damages, and all of them plead the traffic administrative department of the public security organ to mediate, they shall file a written application for mediation within 10 days as of the receipt of the note of traffic accident liability determination.
Where any death is caused in a traffic accident, the mediation shall commerce on the day when the funeral ends. Where any injury is caused in a traffic accident, the mediation shall commence on the day when medical treatment ends or when the disability is determined. Where any property loss is caused in a traffic accident, the mediation shall commence on the day when the loss is determined.
Article 95 The time period for the traffic administrative department of the public security organ to mediate a dispute over the compensation of damages is 10 days. If the mediation results in any agreement, the traffic administrative department of the public security organ shall make a letter of mediation and deliver it to all the parties concerned. The letter of mediation shall take effect after being signed by all the parties concerned; where no agreement is reached after mediation, the traffic administrative department of the public security organ shall make a letter of terminating mediation and deliver it to all the parties concerned.
The items and standards of traffic accident compensation shall be those as provided in relevant laws.
Article 96 Where any party concerned has lodged a civil action with the people's court for the dispute over traffic accident compensation, the traffic administrative department of the public security organ may not accept the application for mediation.
Where any party concerned lodges a civil action with the people's court in the process of mediation by the traffic administrative department of the public security organ, the mediation shall be terminated.
Article 97 Where any traffic accident is caused by any vehicle off the road, and the traffic administrative department of the public security organ receives a call for police, the relevant provisions of the Road Traffic Safety Law on and the present Regulation shall be observed in the handling of the accident.
The traffic accidents that happen between vehicles and pedestrians or trains or in ferries shall be handled according to the relevant provisions of the state.
Chapter VI Enforcement Supervision
Article 98 The traffic administrative department of the public security organ shall make public the bylaws and procedures of work, establish a system of police working style and discipline supervisors, and willingly accept the supervision of the whole society and the general public.
Article 99 The traffic administrative department of the public security organ and the traffic policemen shall, in the registration of motor vehicles, issuance of license places, holding examinations over drivers and issuing licenses to drivers, or handling traffic safety offences, rigidly abide by relevant provisions, and may not enforce the law beyond their authority, or delay the performance of their duty or unlawfully changes the type or severity of punishment.
Article 100 The traffic administrative department of the public security organ shall make public the telephone number for reporting offences, accepting the report of offences and complaints of the general public, and shall make timely investigations and feed back the result of investigations.
Article 101 The traffic administrative department of the public security organ shall establish a system for enforcement quality test and appraisal, a system of enforcement liabilities, and a system of prosecution for wrongful enforcement, so as to prevent and correct the mistakes or improper acts that may occur in the enforcement of the road traffic safety law.
Chapter VII Legal Liabilities
Article 102 Any act in violation of the present Regulation shall be subject to the punishment as provided for in the Road Traffic Safety Law and the present Regulation.
Article 103 Anyone who obtains the registration of motor vehicles or a driving license by unlawful means such as fraud or bribery, the vehicle registration certificate, license plate, operation certificate or driving license shall be taken over, and the vehicle registration or driving permit shall be canceled, and the applicant may not apply for vehicle registration or vehicle driving permit within 3 years.
Article 104 Where a vehicle driver is in any of the following circumstances and has no other driver to take his place instead, the traffic administrative department of the public security organ may, apart from imposing a penalty upon him, move his vehicle to a place that will not impede the normal traffic or a place as designated by the relevant department:
(1) The driver cannot show his own valid driving certificate;
(2) The vehicle that he is driving does not match the type of vehicle he is allow to drive in the driving certificate;
(3) The driver drives a vehicle after drinking or taking psychiatric drugs or narcotics or drives a vehicle even though he has caught any disease that may impede safe driving or he is over-exhausted; or
(4) A learner-driver drives a vehicle by himself without the company of a trainer.
Article 105 Any driver of motor vehicles who is suspected of drinking, being intoxicated, or taking any psychiatric drug or narcotic subject to the control of the state shall accept tests and examinations.
Article 106 If any highway passenger automobile carries more passengers than prescribed or if a freight automobile is overloaded, the driver shall, after the vehicle is lawfully detained by the traffic administrative department of the public security organ, have the extra passengers carried by other vehicles or the overloaded good unloaded, with the corresponding expenses being borne by the driver or owner of the vehicle.
Article 107 If any motor vehicle is detained according to the provisions of Article 92, 95, 96, or 98 of the Road Traffic Safety Law , and the driver or the owner or manager of the vehicle fails to provide, within 30 days, lawful certification about the detained vehicle, or if he fails to make up corresponding formalities, or if he fails to present himself to accept punishment and still refuses to present himself to accept punishment three months after being notified by the traffic administrative department of the public security organ by means of public announcement, the motor vehicle detained shall be transferred by the traffic administrative department of the public security organ to an eligible auction institution for auction, and the price of auction shall be turned over to the state treasury. If the vehicle is unlawfully assembled, it shall be disassembled. If the vehicle has met the conditions for being discarded as useless, it shall be discarded as useless. If the vehicle is involved in any other criminal offence, it shall be transferred to the competent department for handling.
Article 108 Where a traffic policeman make an administrative punishment decision on the spot by applying the simplified procedures, he shall inform the parties concerned of the facts of the offence of road traffic safety, the reason and ground of punishment, and deliver the decision to the punished on the spot.
Article 109 If an offender of the road traffic safety law is given the penalty of fine or detaining the driving license, the decision shall be made by the traffic administrative department of the public security organ of the people's government on the county or identical level. If the punishment is to cancel the driving license, the decision shall be made by the traffic administrative department of the public security organ of the people's government of the city with districts or the traffic administrative department of the public security organ on the identical level.
If a traffic administrative department of the public security organ fails to give punishment on the spot for an offence of the road traffic safety law of a vehicle beyond its jurisdiction, the punishment may be given by the traffic administrative department of the public security organ of the place where vehicle is registered.
Article 110 All parties concerned are entitled to make statements and defend themselves against the punishments made by the traffic administrative department of the public security organ or the traffic policemen thereof. The traffic policemen shall listen carefully to the statements and defense of the parties concerned, and may not aggravate the punishment on the ground of the statements or defense of the parties concerned.
Chapter VIII Supplementary Provisions
Article 111 The term "tractors running on the road" as mentioned the present Regulation refers to such walking tractors, wheeled tractors whose designed maximum speed is not more than 20 kilometers per hour, and wheeled tractors whose designed maximum speed is not more than 40 kilometers per hour and which cannot be used for road transportation unless drawing a trailer.
Article 112 The administrative departments of agriculture (agricultural machinery) shall provide regularly to the traffic administrative department of the public security organ such materials and data that they have issued as the registration of tractors, safety technical inspection, and tractor driving licenses, etc. If a traffic administrative department of the public security organ gives the punishment of temporarily detaining or canceling the driving license of a tractor driver or deducting points, it shall send regularly such information as punishment decisions and scores accumulated to the administrative department of agriculture (agricultural machinery). If any driving license is canceled, it shall transfer the driving license canceled to the relevant administrative department of agriculture (agricultural machinery).
Article 113 Where any overseas motor-drive vehicle enters into China, it shall file an application to the traffic administrative department of the public security organ of the place of entry for a temporary pass and operation license. The temporary pass and operational license shall specify, according to the demand of the travel, the valid period of time and the areas allowed to travel.
The conditions and ways of examination for the entry overseas motor vehicles to apply a temporary pass plate or operational license and for overseas people to apply for a driving license of motor vehicles shall be provided by the Ministry of Public Security of the State Council.
Article 114 The fee-charging rates for motor vehicle driving licenses shall be formulated by the price administrative department of the State Council.
Article 115 The present Regulation shall be implemented as of May 1, 2004. The Administrative Measures on Motor Vehicles approved by the State Council and issued by the Ministry of Communications on February 11, 1960, the Regulation of the People's Republic of China on the Management of Road Traffic issued by the State Council on March 9, 1988 and the Measures for Settling Road Traffic Accidents issued by the State Council on September 22, 1991 shall be simultaneously abolished.