Regulations of Jiangsu Province on Road Traffic Safety

 2018-05-25  42


Regulations of Jiangsu Province on Road Traffic Safety


· Area of Law: Public Security

· Level of Authority: Provincial Local Regulations

· Date issued:07-16-2011

· Effective Date:01-01-2005

· Status: Effective

· Issuing Authority: Jiangsu Province People's Congress (incl. Standing Committee)

 

Regulations of Jiangsu Province on Road Traffic Safety
(Adopted at the Twelfth Meeting of the Standing Committee of the Tenth People's Congress of Jiangsu Province on October 22, 2004; amended for the first time according to the Decisions on Amendment of the Regulations of Jiangsu Province on Road Traffic Safety made at the Ninth Meeting of the Standing Committee of Eleventh People's Congress of Jiangsu Province on May 20, 2009; amended for the second time according to the Decisions on Amendment of the Regulations of Jiangsu Province on Road Traffic Safety made at the Twenty-third Meeting of Standing Committee of the Eleventh People's Congress of Jiangsu Province on July 16, 2011)
Chapter I General Provisions
Article 1 These Regulations are enacted in accordance with the Law of the People's Republic of China on Road Traffic Safety, the Regulations for Implementation of the Law of the People's Republic of China on Road Traffic Safety and other laws and administrative regulations, in light of the specific situation of this Province, and for the purposes of maintaining road traffic safety and improving passage efficiency.
Article 2 Drivers of vehicles, pedestrians, passengers and other individuals and organizations related to road traffic activities within the administrative region of this Province, shall observe these Regulations.
Article 3 The work for road traffic safety shall be carried out in adherence to the principles of human orientation, giving first place to safety, laying stress on prevention and strengthening administration in a strict way.
Article 4 The local people's government at or above the county level shall strengthen efforts in ensuring road traffic safety and organize the whole society to take part in maintaining road traffic order; and work out an administration plan for road traffic safety every five years in light of the economic and social development along with the road traffic situation, so as to determine work objectives, put forward administrative strategies, guarantee funds and organize implementation of the plans aforesaid.
Local people's governments shall commend and award the individuals and organizations that have made outstanding contributions in the work for road traffic safety.
Article 5 The traffic control department of the public security organ of the local people's government at or above the county level shall be in charge of the administrative work for road traffic safety within its administrative region.
The departments of safety supervision, transport, construction, agricultural machinery, industrial and commercial administration, quality supervision, public health, planning, education, water resources and supervision shall fulfill their corresponding duties and obligations in the work of road traffic safety.
Article 6 Individuals and organizations concerned such as road operating and managing units and owners of vehicles, shall fulfill their obligations to safeguard road traffic safety according to law.
Any individual or unit shall, when finding acts in violation of the laws and regulations on road traffic safety, have the right to dissuade the actor or report the matter to the traffic control department of the public security organ.
Chapter II Obligations on Traffic Safety
Article 7 The local people's government at or above the county level shall establish and implement a responsibility system for road traffic safety and a mechanism for ensuring traffic in case of emergencies, establish and improve the coordination mechanism for traffic safety work, and incorporate the work for road traffic safety into the inspection of work safety and comprehensive administration of social security, and organize evaluation of traffic safety on a regular basis. Any unit or individual responsible for a major or extraordinarily serious traffic accident shall be investigated for administrative liability according to law.
People's governments of townships (towns) and sub-district offices in cities shall supervise and urge the units within the areas under their jurisdiction to implement the responsibility system for road traffic safety, remove hidden troubles endangering safety in a timely manner, and educate citizens to observe the laws and regulations on traffic safety.
Article 8 The traffic control department of the public security organ shall conduct registration of vehicles, examination of drivers, and issuance of licenses in a strict manner, enforce laws strictly and justly, and investigate and deal with according to law any act in violation of road traffic laws to ensure road traffic safety. The traffic control department of the public security organ may, in light of the requirement for administration of road traffic safety, hire staff to assist in regulating the flow of traffic and maintaining the road traffic order. The staff thus hired shall not be authorized to execute administrative sanctions.
The administrative departments of transport and construction shall, pursuant to the relevant State technical standards and norms, put up and perfect traffic facilities such as traffic signs, line markings and traffic signal lights, remove hidden troubles endangering road safety in time, keep roads intact and, according to their respective duties, strengthen supervision over and inspection of road transportation safety of the transportation enterprises, passenger parks (stations), commercial vehicles and drivers subordinate to them.
The departments of supervision and control over work safety shall coordinate and supervise the implementation of the measures and the fulfillment of responsibilities on the work for road traffic safety, and organize the departments concerned to carry out special inspection on traffic safety.
Article 9 News media, publishing agencies, broadcasting and television agencies shall conduct education in road traffic safety among general public regularly, release public welfare advertisements on traffic safety, spread knowledge of traffic safety and make known to the public the traffic administration measures taken by the traffic control department of the public security organ in time.
Schools shall incorporate the education in road traffic safety into the legal education. Elementary and secondary schools shall incorporate students' practices in observing the laws and regulations on road traffic safety into the evaluation of their performance.
Article 10 Organs, institutions, enterprises, social groups and other organizations shall implement the internal administration work for traffic safety and abide by the following provisions:
(1) establishing and improving the internal system for traffic safety;
(2) designating a person to take charge and organize the implementation of internal work for traffic safety;
(3) guaranteeing the input for traffic safety and improving safety conditions;
(4) educating persons of their own units to abide by the laws and regulations of road traffic safety;
(5) conducting good maintenance and service of and close safety inspection on the motor vehicles to ensure them in sound safety and technical conditions and removing hidden troubles in time.
(6) making a record of the driver's license and identity certificate of a motor vehicle driver they employed; and
(7) accepting the supervision and inspection lawfully carried out by the traffic control departments of the public security organs.
Units with frequent occurrence of traffic accidents and units engaging in operation and management of roads with frequent occurrence of traffic accidents shall, according to the requirements put forward by the traffic control departments of the public security organs, ascertain responsibilities for traffic safety, rectify the hidden troubles and improve the measures for traffic safety so as to prevent and reduce the occurrence of traffic accidents.
Article 11 The institution for safety and technical inspection of motor vehicles shall comply with the following provisions:
(1) applying State safety and technical standards for motor vehicles;
(2) inspecting motor vehicles according to prescribed items and approaches;
(3) using inspection apparatus (devices) examined and approved qualified by the legitimate institutions for measurement inspection, and not using the inspection apparatus (devices) that are not examined or failed in the inspection;
(4) issuing inspection reports to the people who send vehicles for inspection;
(5) establishing technical files of traffic safety for the inspected vehicles;
(6) collecting fees according to the rates examined and approved by the competent department for pricing under the State Council;
(7) accepting the supervision and inspection carried out by the quality and technology supervision department; and
(8) observing other relevant provisions of laws, regulations and rules.
Article 12 The motor vehicle drivers training schools (classes) shall conduct driving trainings pursuant to relevant State provisions and teaching outlines, shall not shorten training time or cut down training programs, and shall truthfully submit training records to the competent departments in charge of examination on driving motor vehicle.
The competent departments in charge of training qualification for driving motor vehicle shall strengthen supervision over drivers training schools (classes) and shall deal with any act in violation of the administrative provisions concerned without delay.
Article 13 When receiving a vehicle to be scrapped, the enterprise engaging in the business of recycling scrapped vehicles shall register such information as the owner's identity certificate, the plate number, the engine number and the chassis number of the motor vehicle and issue a vehicle scrapping certificate to the owner.
The enterprise engaging in recycling scrap vehicles shall, under the on-the-spot supervision conducted by the traffic control department of the public security organ, dismantle the scrapped commercial vehicles, large passenger buses and trucks.
Article 14 Whoever repairs a surface-damaged vehicle shall write down the identity certificate of the person who sends the vehicle for repair and the plate number, the engine number and the chassis number, and make records of the part of vehicle which is damaged and the extent of the damage. The records shall be kept for at least six months. Whoever discovers a suspect vehicle in a hit-and-run traffic accident shall report promptly to the traffic control department of the public security organ and assist in the investigation.
Chapter III Vehicles and Drivers
Article 15 No motor vehicle shall be equipped with and use photoelectric equipment, althorn, high power speaker that threaten traffic safety or be equipped with and use other devices that affect the functions of traffic administration facilities or impede safe passage of other vehicles.
It is forbidden to equip a vehicle with any equipment for carrying people in violation of related provisions.
Article 16 No one shall drive one of the following non-motor vehicles on the road before having it registered with the traffic control department of the public security organ of his domicile and receiving the number plate and the license of the non-motor vehicle:
(1) bicycles;
(2) battery-powered bicycles;
(3) manpowered tricycles;
(4) motor wheelchairs for the disabled; or
(5) other non-motor vehicles that shall be registered as prescribed by the people's government of the Province.
Power equipment shall not be installed on non-motor vehicles with the exception of battery-powered bicycles and motor wheelchairs for the disabled.
Article 17 When applying for the registration of a non-motor vehicle, an applicant shall bring the vehicle for inspection and submit the following certificates and vouchers:
(1) identity certificate of the owner;
(2) proof on the provenance of the vehicle; and
(3) factory quality certification or import documents for the vehicle.
When applying for registration of motor wheelchairs for the disabled, the applicant shall simultaneously submit the document of disability in lower limbs issued by the Disabled Person's Federation.
Article 18 The owner of a non-motor vehicle which has been issued a number plate and license shall, under any of the following circumstances, apply to the traffic control department of the public security organ for changes in registration, and shall submit his identity certificate:
(1) transferring the ownership of the non-motor vehicle;
(2) applying for a supplementary number plate or license; or
(3) where the owner moves his domicile out of the region under the jurisdiction of the traffic control department of the public security organ of the registering place of the non-motor vehicle.
Article 19 When driving a registered non-motor vehicle on roads, a driver shall, in accordance with the provisions concerned, hang the number plate and keep it clear. It is prohibited to lend, misappropriate, or alter the number plate and license, or to use counterfeit or void number plate and license.
The traffic control department of the public security organ of the Province shall standardize patterns of number plates and licenses of the non-motor vehicles and supervise on the production thereof.
Article 20 The bus specifically used to carry elementary and secondary school students may, after being confirmed by the competent administrative department of education and the traffic control department of the public security organ at or above the county level, be sprayed or painted with the uniform sign for school bus prescribed by the traffic control department of the public security organ of the Province. Other vehicles shall not be sprayed or painted with the specific sign for school bus.
A school bus shall be kept in sound safety and technical conditions, and be specifically used for the designated purpose. No school bus may be engaged in transportation for commercial purpose.
A school bus driver shall have more than three-year safety experience in driving the approved type of motor vehicle.
Article 21 A training vehicle shall meet the safety and technical standards, and obtain the number plate and the license issued by the traffic control department of the public security organ. The number plate and license of a training tractor shall be issued by the competent department of agricultural machinery. Teaching and learning driving skills on roads shall be conducted on the routes and in the time designated by the traffic control department of the public security organ.
Article 22 Where a motor vehicle is found, in violation of the provisions, not taking safety and technical inspections, the traffic control department of the public security organ shall order the driver to have the vehicle inspected by the institution for motor vehicle safety and technical inspection of the place where the violation has been found. Where the vehicle is inspected and proved to be qualified, a qualification certificate shall be issued therefore and the vehicle and its driving license shall be returned.
Where a motor vehicle has been found by the traffic control department of the public security organ to be up to the standard for being scrapped, it shall be scrapped compulsively on the spot.
The departments of quality supervision and commercial and industrial administration shall, in light of their respective duties, investigate and punish such activities as illegally manufacturing, assembling and marketing vehicles and parts which do not meet the safety and technical standards and illegally recycling scrapped vehicles.
Article 23 The Province implements the system of recording the traffic safety information of motor vehicle drivers.
A motor vehicle driver shall obtain and bring along with him an information card, which records such information as his offences against traffic safety, accumulated points and the traffic accidents he is involved.
Motor vehicle owners, managers or drivers shall make inquiry about the traffic safety records of the motor vehicles and of themselves on a regular basis. When a driver is employed, he shall be required to provide his traffic safety records.
The traffic control department of the public security organ shall make records of and offer for free such information as a motor vehicle driver's acts in violation of traffic safety laws, his accumulated points and the traffic accidents involved. Where a motor vehicle driver is involved in traffic accidents, or violates the laws and regulations on road traffic safety severely or many times, the records may be copied and sent to the owner or manager of the motor vehicle.
Chapter IV Conditions of Road Passage
Article 24 The road operating and managing units shall ensure the roads intact, in light of the grading, volume of traffic flow and safety conditions of the roads and the requirement for traffic administration, set up and upgrade traffic facilities in accordance with the State standards, and keep the traffic facilities clear, conspicuous, accurate and in good condition.
Traffic facilities such as traffic lights, traffic signs, traffic markings, traffic surveillance and crash barriers shall, pursuant to the State standards, be planned, designed and set up simultaneously with the construction, rebuilding and expansion of a road, be inspected and accepted in accordance with relevant State provisions, and shall not be put into use if they are not inspected and accepted or fail the inspection.
Traffic facilities such as traffic signals and line markings shall, under the guidance of the traffic control departments of the public security organs, be set up in accordance with related State standards on roads in villages, towns, residential quarters as well as on roads constructed by individuals and organizations available to social motor vehicles.
Where there are no crossing facilities for pedestrians on roads in front of schools, kindergartens, hospitals and homes of the aged, crosswalks shall be marked and standby signs shall be set up.
Article 25 In the case of reconstructing and expanding urban roads, safe passage of non-motor vehicles and pedestrians shall be ensured. Sidewalks shall not be occupied for the purpose of passing motor or non-motor vehicles; non-motor vehicle lanes shall not be occupied for the purpose of passing motor vehicles. Nonetheless, where there is a relatively substantial fluctuation in the volume of traffic flow of non-motor vehicles and pedestrians, adjustment may be made on the non-motor vehicle lanes and sidewalks.
Article 26 Where Articles are hung or posted on flyovers and pedestrian footbridges, or banners are put up across roads, they shall not cover traffic signals and traffic lights, and not impede safe passage.
Article 27 Motor vehicle entrances or exits of the units or residential quarters alongside roads shall be set up within the section of a road where the volume of traffic flow is relatively light, and the yield signs or line markings shall be marked thereabout.
No road intersections, passages or exits may be added or blocked along both sides of the roads which have been completed and put into use without being approved by the relevant departments.
Article 28 The relevant departments and units shall inspect technical conditions of the roads and their supporting facilities, and take timely measures to deal with the hidden troubles endangering traffic safety once they are found.
Upon receiving the reports that there are hidden troubles endangering traffic safety in the roads and their supporting facilities or the handling decisions made by the local people's government, the departments or units concerned shall effectively set up warnings and take preventive measures in advance, and deal with the hidden troubles endangering traffic safety in time.
Article 29 When examining and approving the construction of a large-sized building and other major constructive projects along urban roads, the planning department shall organize and conduct a traffic impact assessment in conjunction with the departments concerned such as the traffic control department of the public security organ. For those constructions proved not to be commensurate with the urban road traffic safety control planning in the assessment, adjustment shall be made accordingly; where adjustment cannot be made, no approval shall be granted. Where such establishments for public service as gas stations and parking lots are planned to be constructed alongside roads, the planning department shall solicit opinions from the traffic control department of the public security organ in advance, and the latter shall give their opinions in written form.
When the purpose of use of a large-sized buildings alongside a road is changed to the purpose of commerce, exhibition, recreation, meals and beverage or education and training according to law, the construction unit or the operating and managing unit shall notify the traffic control department of the public security organ prior to putting the buildings into use.
Article 30 Construction of public parking lots (garages) and bus stations (stops) within urban areas of cities or counties (cities) shall be incorporated into urban planning programs and be constructed simultaneously with the construction or reconstruction of city urban areas.
In places where such large or medium-sized public buildings as cultural establishments and stadiums (gymnasiums), commercial districts, residential districts, and tourist districts are constructed, rebuilt or expanded, parking lots shall be constructed or increased to go with them according to related standards.
Organs, organizations, enterprises and institutions shall, according to related planning and standards, construct parking lots (garages) or assign special places to park the vehicles of the units, their staff and other individuals or units who come on business, and shall not occupy vehicle lanes or sidewalks outside their premises for parking vehicles.
The parking lots (garages) constructed as supporting facilities shall be put into use simultaneously with the main part of the project, and once the parking lots are put into use, their use shall not be discontinued and they shall not be used for other purposes.
The traffic control department of the public security organ and the planning department under the people's government of a city may formulate a standard for construction of parking lots (garages) as supporting facilities higher than those of the State or the Province, and may adjust and raise the standard in a timely manner according to the requirements brought by the economic, social and traffic development.
Article 31 Within the urban blocks of a city where there are not enough parking spaces, the traffic control department of the public security organ of a city or a county may, on condition that passage of the pedestrians and vehicles are not impeded, delimit temporary parking spaces on roads within the urban areas according to the actual traffic situation and planning for construction of the public parking lots, specify the time period when parking is allowed, and set up warning signs. When there is a change in traffic situation, the traffic control department of the public security organ may remove the temporary parking spaces. The criteria for delimiting parking spaces shall be formulated by the traffic control department of the public security organ of the Province, and the measures on fees collection and utilization of the temporary parking spaces shall be formulated by the people's government of the Province.
In the event of emergencies or large gatherings, the traffic control department of the public security organ may delimit temporary parking areas or suspend the use of parking spaces on roads.
No other individuals or organizations may set up or remove parking spaces on roads, or put up any barriers that may impede the parking of motor vehicles in the parking spaces on roads.
Article 32 The relevant departments shall not approve the occupying and digging of roads under any of the following circumstances:
(1) where an engineering construction is not well prepared or traffic safety measures are not implemented;
(2) where a temporary building is to be constructed on a pedestrian sidewalk less than 3 meters in width;
(3) where a vehicle lane is to be occupied for non-construction purpose; or
(4) other circumstances that will badly affect safety and flow of road traffic.
Where it is necessary to block an expressway, a national or provincial highway for constructing a project, permission shall be obtained from the traffic control department of the public security organ of the Province; where it is necessary to block half of the lanes of an expressway or a national or provincial highway, permission shall be obtained from the traffic control department of the public security organ of the city divided into districts.
In the event of traffic jam or other emergencies, the traffic control department of the public security organ may order the construction and operation on a road to be suspended and remove the road block temporarily for passage.
Article 33 The people's government of a city or a county and the departments concerned shall, in light of the development in urban and rural areas and the residents' demand in transportation, work out and implement the plan for developing public transportation, encourage and give priority to the development of public transportation to facilitate the traveling of urban and rural residents. Special vehicle lanes for public transportation shall be delimited and bus bays shall be established according to the public transportation development plans when constructing, rebuilding or expanding urban roads or on roads where certain conditions are met.
The departments concerned shall solicit the opinions from the traffic control department of the public security organ before examining and approving the opening or adjusting of a driving route or a stop for a city bus or opening or adjusting of a driving route or a stop for a long-distance bus when it runs on the roads within the city; among which, they shall solicit the opinions from the residents alongside the route when opening or adjusting the route or the stop for a city bus.
Vehicles engaging in public transportation and long-distance passenger transportation shall be parked at specific parking lots or passenger stations.
Article 34 The traffic control department of the public security organ and the competent department in charge of urban passenger transportation may, in light of traffic situations, jointly set up temporary stations (stops) for taxies on urban roads, so as to facilitate passengers getting on and off the taxies. Where there is a temporary station (stop) along a road, no taxies may pull over outside the station (stop).
The traffic control department of the public security organ shall, in light of the traffic situations of a city, set up in a rational way the stops for school buses or passenger buses of some units for carrying their employees.
Article 35 Tactile sidewalks and sidewalks shall be kept safe and unimpeded. No individuals and organizations may occupy or damage tactile sidewalks and their facilities, or damage or occupy sidewalks without permission.
Chapter V Provisions of Road Passage
Article 36 Vehicles and pedestrians shall go on the designated lanes respectively.
Where a road is not divided into motor vehicle lanes, non-motor vehicle lanes and sidewalks, motor vehicles shall run in the middle of the road, while non-motor vehicles and pedestrians shall go on the right side of the road. With respect to the road not less than 7 meters in width, pedestrians shall, from the right side of the road, walk within the width of not more than 1 meter, while bicycles and battery-powered bicycles not more than 1.5 meters, and other kinds of non-motor vehicles not more than 2.2 meters.
Article 37 When driving in or out of roads, vehicle drivers shall give the priority of pass to the pedestrians and vehicles normally running in the roads. When driving in or out of non-motor vehicle lanes and sidewalks, no motor vehicle drivers may impede the normal passage of non-motor vehicles and pedestrians.
No vehicle drivers may impede the normal passage of other vehicles or pedestrians when driving into or out of parking lots (garages) or parking berths on roads.
Article 38 A driver shall observe the following provisions in the case of passing by using another lanes or changing lanes:
(1) giving the priority of pass to the vehicles or pedestrians running or walking on the taken roads;
(2) no impeding the normal passage of other vehicles and pedestrians;
(3) taking turns to run in order and no changing vehicle lanes frequently;
(4) no changing more than 2 vehicle lanes for each time;
(5) when two vehicles on two lanes intend to change to the lane between them, the vehicle running on the left side shall give priority of pass to the one running on the right side; and
(6) other provisions prescribed by laws and regulations.
Article 39 When passing a road intersection regulated by traffic signal lights, motor vehicle drivers shall follow the signal of the traffic signal lights or at the direction of traffic police, take turns to pass the intersection in order, and shall not stand or slow down for no reason and impede the normal passage of the vehicles running behind.
Article 40 When a motor vehicle meets another vehicle on a narrow road, the one that can yield shall give way to the one that cannot; and the one that runs onto the road later shall give way to the one that runs onto the road earlier.
Article 41 No motor vehicles other than the buses and school buses carrying students of elementary and secondary schools may run on the special vehicle lanes for public transportation. Where there is a barrier on the special vehicle lane for public transportation, a bus running on the vehicle lane may temporarily use the lane adjacent, and shall run back to the special vehicle lane after bypassing the barrier.
When running on an expressway, a bus shall not take passengers overnumberring the seats available, and no passengers may stand in the bus.
Article 42 Tractors shall not run on the following roads:
(1) roads within the downtown areas of large or medium-sized cities;
(2) expressways and the national or provincial highways with relief roads; and
(3) roads on which running is clearly prohibited by the people's government of a city or a county.
Tractors' drivers shall observe the following provisions on driving:
(1) to drive on the motor vehicles lane at the furthest right side; and
(2) to stand the tractor and make observations when driving into highways and urban roads or before passing a road intersection without traffic signal lights or direction of traffic police to ensure safety; and to make a signal in an appropriate manner when taking a U turn or a right or left turn.
The traffic control department of the public security organ shall designate the route and determine time period when passing is allowed for an agriculture machine where it is very necessary for it to pass through the urban areas or for a tractor carrying farm products into the city.
Article 43 When a motor vehicle is parked, or parked temporarily on the road, the following provisions shall be observed:
(1) it shall not be parked at the place where parking is not allowed or where traffic will be impeded;
(2) where a road is delimited with parking berths, it shall be parked in the parking berth; and
(3) the distance between the right side of the vehicle and the side of the road shall not be more than 30 centimeters.
When a motor vehicle is parked temporarily on a road outside a parking lot, and where there are no road lamps, or such low-visibility meteorological conditions arise as storming, snowing, raining and fogging, in addition to observing the provisions in the preceding paragraph, the motor vehicle driver shall turn on the warning flash lights, marker lights and tail lamps.
Buses shall be driven orderly in and out of the stops in one queue towards the curb of the road and passengers shall not get on and off the buses outside the bus stops.
Article 44 A passenger shall observe the following provisions when taking a motor vehicle:
(1) no getting on and off the vehicle before it stands still;
(2) no getting on and off the vehicle through the windows;
(3) no jumping on the vehicles;
(4) no blocking the vehicle for getting a lift at the site where pulling over is prohibited; and
(5) no carrying such dangerous cargoes as explosives or inflammable Articles.
Article 45 A person operating a bicycle or a battery-powered bicycle may allow only one person under the age of twelve riding as a passenger. A preschool child shall not ride as a passenger on a bicycle other than upon or astride a separate safety seat attached thereto.
A minor over the age of twelve operating a bicycle or a minor over the age of sixteen operating a battery-powered bicycle, shall not allow a person riding as a passenger.
Chapter VI Dealing with Traffic Accidents
Article 46 Where a major or an extraordinarily serious traffic accident occurs, the local people's government shall organize the departments of public security organ, communication, security supervision and health to hurry to the spot and carry out urgent rescue; where the traffic accident causes heavy casualties, the leading members of the people's government of the city or the county (city or district) of the place where the accident occurs shall hurry to the spot to command the rescue there, and organize the work to deal with the aftermath.
The traffic control department of the public security organ, the administrative department of health, the competent department of road administration, the road operating and managing units and the first-aid hospitals shall jointly work out emergency preplans for traffic accident rescue, establish organizations engaging in emergency rescue, staff themselves with rescue personnel, equip themselves with vehicles, necessary devices and equipment, and organize drills on a regular basis.
Upon receiving the request for rescuing persons injured in a traffic accident or being informed by the traffic control department of a public security organ, the emergency medical center (the first-aid station) shall immediately dispatch emergency rescue vehicles and its staff to organize and conduct the medical treatment. No medical institutions may shift their due responsibilities or refuse to offer assistance to people injured in traffic accidents who need immediate medical treatment. Where a medical institution falls short of medical personnel, technique or equipment and cannot conduct normal rescue treatment, it shall send the injured with its medical personnel in escort to the hospital with adequate medical facilities. The cost for the medical treatment shall be settled in accordance with the relevant State provisions.
Article 47 When discovering a person injured in a traffic accident, drivers of and passengers on vehicles, pedestrians and other persons concerned passing by shall actively offer assistance to the involved parties to conduct rescue, and report to a first-aid medical unit and the traffic control department of the public security organ in time.
Article 48 Where a motor vehicle driver escapes after the occurrence of a traffic accident, his companions on the vehicle, the leading member of his unit and the owner or manager of the motor vehicle who knows of the matter, shall immediately report to the traffic control department of the public security organ.
The traffic control department of the public security organ may, for the purpose of investigating a hit-and-run traffic accident, refer to or make copies of the records of passing vehicles made by toll gates on the road, ferries and other units concerned, and the relevant units shall offer the records for free in time.
Article 49 Where a damaged vehicle or Articles scattered on road caused by a traffic accidents have impeded the normal passage of other vehicles, the people concerned shall remove the obstacles in time as required by the traffic control department of the public security organ. Where the people concerned cannot remove the obstacles in time, the traffic control department of the public security organ may inform an obstacle-removing unit and ask it to clear away obstacles. The obstacle-removing unit shall, upon receiving the information, arrive at the spot in time and remove the obstacles. Costs of such removing operations shall be borne by the owners, managers or drivers of the motor vehicles.
Article 50 Where a traffic accident occurring on road only causes slight property losses and the facts are basically clear, the people concerned shall leave the spot first and settle the matter through negotiation. Where the people concerned do not leave the spot, the traffic police shall record such information as the time and place of the traffic accident, the weather, the names of the people concerned, the numbers of the drivers' license, contact information, the number plates of the motor vehicles, the numbers of the insurance vouchers, the state of the traffic accident and the parts of the vehicles where the collision occurs, order the people concerned to leave the spot after having them signed on the record document and open the road to traffic anew. The traffic police shall dispel compulsively whoever refuses to leave the spot, and according to the result his activities have caused to the accident and severity of the fault, ascertain his liability and produce the certificate for confirmation of accident responsibility on the spot.
Article 51 Where a motor vehicle driver who causes a traffic accident fails to go through the alcohol or the state-controlled psychotropic and narcotic drugs tests, he shall take full responsibility for the traffic accident, but where there is evidence which indicates the other party has certain faults, the responsibility assumed by him may be mitigated.
Article 52 Where a traffic accident causes casualties or property losses, the insurance company shall make the payments within the liability limit of the compulsory third party liability insurance; where a motor vehicle was not insured the compulsory third party liability insurance, the party of the motor vehicle shall make the payments within the minimum limit of the insurance the said motor vehicle should have been insured. With regard to the part exceeding the liability limit, the liability of compensation shall be assumed in accordance with the following provisions;
(1) Where a traffic accident occurs between motor vehicles, the faulty party shall bear the liabilities; if both parties are in fault, they shall each bear their proper share of the liabilities; and
(2) Where a traffic accident occurs between a motor vehicle and a non-motor vehicle driver or a pedestrian, if the non-motor vehicle driver or pedestrian is not in fault, the motor vehicle driver shall bear the liabilities; however, if there is any evidence to prove that the non-motor vehicle driver or the pedestrian is in fault, the motor vehicle driver's liabilities may be mitigated in accordance with the following provisions:
a. being mitigated not less than 90% in the event that the non-motor vehicle or pedestrian shall bear full responsibility for the traffic accident;
b. being mitigated by 60% to 70% in the event that the non-motor vehicle or pedestrian shall bear major responsibility for the traffic accident;
c. being mitigated by 30% to 40% in the event that the non-motor vehicle or pedestrian shall bear equal responsibility for the traffic accident; and
d. being mitigated by 20% to 30% in the event that the non-motor vehicle or pedestrian shall bear minor responsibility for the traffic accident.
Where the losses of the traffic accident are caused by the deliberate collision of the motor vehicle by a non-motor vehicle driver or a pedestrian, the motor vehicle driver shall bear no liabilities.
The insurance company shall make the payments according to law under any of the following circumstances in the event that the parties concerned report to it directly,:
(1) a traffic accident which is dealt with through negotiations conducted by the parties themselves according to law;
(2) a traffic accident in which only the vehicle that causes the accident is damaged; or
(3) a traffic accident which occurs when the vehicle runs outside a road.
Chapter VII Legal Responsibility
Article 53 With regard to the acts in violation of the laws and regulations on road traffic safety, the traffic control department of the public security organ shall, in accordance with the provisions of the Law of the People's Republic of China on Road Traffic Safety and the Regulations for the Implementation of the Law of the People's Republic of China on Road Traffic Safety, give such punishments as disciplinary warning, fine, revocation or temporary suspension of a motor vehicle driver's license and detention. With regard to the act imposed a fine, the fine shall be executed with the amount in conformity with the specific standards provided by these Regulations; where there are provisions prescribed otherwise by laws and administrative regulations, these provisions shall prevail.
Article 54 Where a pedestrian or a passenger commits one of the following acts, he shall be fined 20 yuan:
(1) failing to pass in light of the direction traffic signal lights;
(2) failing to walk on crosswalks or through crossing facilities when passing intersections or crossing roads in accordance with provisions;
(3) walking or staying on motor vehicle lanes;
(4) striding over, resting or sitting on road isolation facilities;
(5) jumping onto, jumping off, chasing, forcibly blocking vehicles or throwing things at vehicles;
(6) bringing with such dangerous rticles as inflammable substances and explosives when taking vehicles; or
(7) throwing or spilling Articles out of vehicles.
Where a pedestrian or a passenger violates other provisions on passage prescribed by laws and regulations on road traffic safety, he shall be fined 5 yuan.
Article 55 Where a non-motor vehicle rider commits one of the following acts, he shall be fined 50 yuan:
(1) failing to pass in light of the direction of traffic signal lights;
(2) riding on motor vehicle lanes;
(3) riding in a drunk state;
(4) failing to slow down and stretch hand to make a gesture when taking a turn with a jerk;
(5) a man without lower-limb disability riding a motor wheelchair for the disabled; or
(6) riding a bicycle or a tricycle installed with a power set.
Where a non-motor vehicle rider violates other provisions on passage prescribed by laws and regulations on road traffic safety, he shall be fined 20 yuan.
Article 56 Where a motor vehicle driver commits one of the following acts, he shall be fined 50 yuan:
(1) failing to slow down, stop or give way to pedestrians when passing crosswalks or confronted with a pedestrian crossing road in accordance with provisions;
(2) failing to use safety-belt in accordance with provisions;
(3) failing to wear a safety helmet when driving a motorcycle;
(4) violating provisions by carrying someone else when driving a motorcycle;
(5) driving a motor vehicle with door or cab yet to be closed;
(6) hanging or putting any Article on front or back window of the cab which may disturb the driver's sight;
(7) dialing or answering handset, watching TV or any other activities which may endanger driving safety;
(8) slipping down a steep ramp with the engine shut off or the gear in neutral position;
(9) throwing or spilling Articles on roads while driving;
(10) driving a motorcycle with hands off the handlebars or hanging Articles on the handlebars;
(11) failing to make a signal by sounding the horn in accordance with provisions;
(12) sounding the horn in areas or sections of roads where horn sounding is forbidden;
(13) failing to stick the vouchers of inspection or issuance on the motor vehicle in accordance with provisions;
(14) failing to bring along with him the driver's license or license of the vehicle;
(15) impeding the normal driving of other motor vehicles on the lanes concerned while changing lanes;
(16) failing to keep a safe distance from the vehicle ahead in accordance with provisions;
(17) driving a motor vehicle while his driver's license is lost or damaged;
(18) violating the provisions governing the parking or the temporary parking of motor vehicles as prescribed by laws and regulations, and impeding the passage of other vehicles and pedestrians therefore while the driver is not on the spot;
(19) failing to learn driving motor vehicles in accordance with the provisions on designated time period or routes, but where he is accompanied by a coach, the coach shall bear the liability; or
(20) failing to paste or hang the sign of internship when driving motor vehicles during internship period.
Article 57 Where a motor vehicle driver commits one of the following acts, he shall be fined 100 yuan:
(1) violating the directions of prohibition signs, warning signs, forbidden marking lines and warning marking lines;
(2) failing to pass in accordance with provisions on roads where motor vehicle lanes, non-motor vehicle lanes and sidewalk are not divided;
(3) violating provisions by driving on special lanes;
(4) failing to driving on the lanes as prescribed by provisions;
(5) carrying cargoes with length, width and weight exceeding the maximum size as prescribed by provisions when driving a motor vehicle;
(6) carrying persons when driving a tractor;
(7) failing to follow provisions in the case of being confronted with or overtaking other vehicles;
(8) impeding the normal passage of other vehicles and pedestrians when taking a U turn;
(9) failing to use lights in accordance with provisions;
(10) failing to keep a safe distance from other vehicles when driving on expressways;
(11) showing the motor vehicle driver's license of someone else other than his own when being inspected by traffic police;
(12) failing to slow down or give way to pedestrians when driving within the yard of a unit or a residential quarter;
(13) driving a tractor on a the road where passing is not allowed without permission;
(14) spraying or sticking signs or advertisements on the vehicles which may endanger driving safely;
(15) failing to turn on warning lights and warning flash lights when driving a road maintenance vehicle or machinery to conduct operation; or
(16) impeding the vehicles and pedestrians who are permitted to pass when taking a turn at an intersection.
Article 58 Where a motor vehicle driver commits one of the following acts, he shall be fined 200 yuan:
(1) driving in a direction not allowed by traffic regulations;
(2) passing through the stopping marking lines still when the yellow light turns on;
(3) passing still when confronted with a red light, red furcation light or arrowhead light standing for no passing;
(4) defying the direction by traffic police;
(5) failing to give way to police vans, fire engines, ambulances or engineering rescue vehicles which are on their way to perform tasks;
(6) driving consecutively for four hours without parking for a break or with a break less than 20 minutes;
(7) failing to park and wait orderly outside an intersection where there is a traffic jam;
(8) cutting in a queue through the either sides of the vehicles in front or overtaking them when confronted with a situation in which the motor vehicles in front are standing or running slowly in the queue;
(9) failing to take turns to pass in order at an intersection or a section of road with reduction of lanes when confronted with a situation in which the motor vehicles in front are standing or running slowly in a queue;
(10) littering or spilling cargoes loaded in the vehicle;
(11) using alarm sirens and signal lights in violation of the provision when driving a police van, fire engine, ambulance or engineering rescue vehicle;
(12) violating the provisions on towing vehicles or towing a break-down motor vehicle in violation of related provisions;
(13) taking a U-turn at a place where U-turn is not allowed;
(14) backing up the vehicle at a place where backing-up is not allowed;
(15) passing through a railway crossing, intersection or to embark on or disembark from ferries in violation of related provisions;
(16) failing to drive a motor vehicle in the time period, on the route, and at the speed as prescribed by law when carrying oversized or dangerous cargoes, or failing to hang the vehicle with warning signs;
(17) driving such motor vehicles with hidden troubles endangering safety as one with incomplete safety facilities or with parts unconformity with the safety and technical standards;
(18) driving a motor vehicle on roads without hanging it with the number plate;
(19) covering, staining or damaging a number plate purposely or failing to put number plate on a motor vehicle as prescribed by law;
(20) driving a motor vehicle which is yet to be registered or a vehicle without a plate or certificate for temporary passage;
(21) driving a motor vehicle while his driving license has been suspended according to law or his accumulated points has reached 12 points;
(22) failing to turn on warning flash lights and move a break-down motor vehicle to a place where it shall not impede traffic immediately when the motor vehicle breaks down and needs to stop to remove the trouble;
(23) failing to use lights and put up warning signs when the motor vehicle breaks down or is difficult to move after a traffic accident occurs;
(24) learning driving skills on roads by driving a non-learner-driven motor vehicle;
(25) driving a motor vehicle not inspected as qualified;
(26) violating the provisions governing the parking or the temporary parking of motor vehicles as prescribed by laws or regulations and impeding the passage of other vehicles and pedestrians while the driver refuses to drive away without delay.
Article 59 Where a motor vehicle driver commits one of the following acts in violation of the provisions on expressway passage, he shall be fined 200 yuan:
(1) failing to park in accordance with provisions;
(2) backing up, driving in the direction which is not allowed by law or taking a U-turn by passing through isolation belt lying on the middle of the expressway;
(3) testing vehicle or learning driving skills;
(4) driving at a speed lower than the minimum speed as prescribed under normal conditions;
(5) driving a truck with cargo cabin carrying persons;
(6) failing to drive in accordance with provisions when encountering low-visibility meteorological conditions;
(7) driving into an expressway a motor vehicle which is not allowed to run on expressways;
(8) failing to put up warning signs in accordance with provisions after the motor vehicle breaks down;
(9) impeding the normal running of other motor vehicles on an expressway when driving into it from a ramp;
(10) overtaking other motor vehicles on ramps, acceleration lanes or deceleration lanes;
(11) riding or rolling on the separation line while driving or driving on road shoulders; or
(12) driving on emergency lanes in a non-emergency circumstance.
Article 60 Where a highway passenger vehicle carries passengers in excess of the verified number of passenger or carries cargoes in violation of provisions, the motor vehicle driver shall be fined in accordance the following provisions:
(1) being fined 200 yuan where the verified number is exceeded by less than 20%;
(2) being fined 1000 yuan where the verified number is exceeded by not more than 50% but not less than 20%;
(3) being fined 2000 yuan where the verified number is exceeded by not less than 50%; or
(4) being fined not less than 500 yuan but not more than 2000 yuan where the motor vehicle carries cargoes in violation of the provisions.
For other passenger vehicles which carry cargoes in violation of the provisions or carry passengers in excess of the verified number of passenger, the motor vehicle driver shall be fined 100 yuan.
Article 61 Where a cargo motor vehicle carries cargoes in excess of the verified loading capacity or carries passengers in violation of provisions, the motor vehicle driver shall be fined in accordance with the following provisions:
(1) being fined 200 yuan where the verified loading capacity is exceeded by less than 20%;
(2) being fined 500 yuan where the verified loading capacity is exceeded by less than 50% but not less than 30%;
(3) being fined 1000 yuan where the verified loading capacity is exceeded by less than 100% but not less than 50%;
(4) being fined 2000 yuan where the verified loading capacity is exceeded by not less than 100% ; and
(5) being fined 2000 yuan where the motor vehicle carries passengers in violation of provisions.
Article 62 Anyone who commits one of the following acts shall be fined in accordance with the following provisions:
(1) being fined 2000 yuan where he drives a commercial motor vehicle without a motor vehicle driver's license, with his license revoked, or during the period when the license is temporarily suspended;
(2) being fined 1000 yuan where he drives a non-commercial motor vehicle without a motor vehicle driver's license, with his license revoked, or during the period when the license is temporarily suspended;
(3) being fined 200 yuan where he drives a tractor or rides a motorcycle without a motor vehicle driver's license or with his license revoked, or during the period when the license is temporarily suspended;
(4) being fined 2000 yuan where he let a person without a motor vehicle driver's license, with his license revoked or temporarily suspended to drive his commercial motor vehicle;
(5) being fined 1000 yuan where he let a person without a motor vehicle driver's license, with his license revoked or temporarily suspended to drive his non-commercial motor vehicle; and
(6) being fined 200 yuan where he let a person without a motor vehicle driver's license, with his license revoked or temporarily suspended to drive his tractor, motorcycle or other motor vehicles.
Article 63 Whoever drives a motor vehicle after drinking alcohol shall be fined 1,000 yuan. Whoever causes a traffic accident when he drives a motor vehicle after drinking alcohol, or whoever drives a motor vehicle after drinking alcohol again after being punished for such act, shall be fined 2,000 yuan.
Article 64 Where a driver violates the provisions on speed limit, he shall be fined in accordance with the following provisions:
(1) being fined 50 yuan when exceeding the prescribed speed by not less than 10% but no more than 20%;
(2) being fined 200 yuan when exceeding the prescribed speed by not less than 20% but not more than 50%;
(3) being fined 1000 yuan when exceeding the prescribed speed by not less than 50% but not more than 70%; or
(4) being fined 2000 yuan when exceeding the prescribed speed by not less than 70%.
Article 65 Where a motor vehicle driver violates the provisions on road passage and the provisions of the Law of the People's Republic of China on Road Traffic Safety or of the Regulations for Implementation of the Law of the People's Republic of China on Road Traffic Safety, or under the circumstance where the specific amount of fine is not prescribed by these Regulations, he shall be fined 50 yuan in accordance with the provisions of Article 90 of the Law of the People's Republic of China on Road Traffic Safety.
Article 66 Whoever commits any of the following acts shall be fined 1000 yuan:
(1) where the leading member of a unit or an individual household vehicle owner knows of a hit-and-run traffic accident committed by the driver of this unit or the driver employed by him but fails to inform against the driver;
(2) failing to perform the obligation of making registration and records when repairing a surface-damaged vehicle;
(3) shifting his due liability to anyone else after generating a traffic accident or committing any other activities to cover the truth of a traffic accident, which is not serious enough to constitute a crime;
(4) assisting any suspect of a hit-and-run traffic accident in escaping or covering the truth of the traffic accident, which is not serious to constitute a crime; or
(5) in violation of the provisions in Article 27 of these Regulations, adding or blocking passages, entrances or exits on both sides of a road without permission, or failing to set up entrances or exits for motor vehicles in compliance with the provisions.
Article 67 Where a motor vehicle fails to accept safety and technical inspection within the prescribed time limit, for an automobile, the driver or the owner shall be fined 500 yuan for each inspection it fails to take; for a motor vehicle of other type, the driver or the owner shall be fined 200 yuan for each inspection if fails to take.
Article 68 Whoever commits one of the following acts shall be fined 1000 yuan:
(1) spraying or painting a non-school bus with the signs for school buses;
(2) driving a school bus without more than three-year safety experience in driving the approved type of motor vehicle;
(3) failing to drive a learner-driven vehicle along the route or during the time periods prescribed by the traffic control department of public security organs;
(4) failing to repair or replace the damaged running recording device installed on a commercial highway passenger bus or a cargo motor vehicle in time so that it cannot be used normally;
(5) installing a motor vehicle with or using photoelectric equipment, althorn or high power sounder that impede traffic safety or other devices that affect the functions of traffic administration facilities;
(6) installing on a vehicle equipment to carry people or a power set in violation of related provisions; or
(7) occupying or damaging blind tracks and destroying or occupying sidewalks without permission.
Where anyone commits an act as described in sub-paragraph (1), he shall be ordered to restore the original state; where anyone commits an act as described in sub-paragraph (5) or (6), the traffic control department of the public security organ shall remove compulsively the devices and facilities thus installed in violation of the provisions and confiscate and destroy them thereafter.
Article 69 Where anyone uses the forged, altered motor vehicle registration certificate, plate, vehicle license or driving license, he shall be fined 3,000 yuan. Where anyone forges or alters motor vehicle registration certificate, plate, vehicle license or driving license, and the act does not constitute a crime, he shall be fined 5,000 yuan.
Where anyone uses the forged or altered the conformity inspection mark or insurance sign, he shall be fined 2,000 yuan. Where anyone forges or alters conformity inspection mark or insurance sign, and the act does not constitute a crime, he shall be fined 3,000 yuan.
Where anyone uses the conformity inspection mark or insurance sign of any other motor vehicle, he shall be fined 3,000 yuan. Where anyone uses the registration certificate, number plate, or vehicle license of any other motor vehicle, he shall be fined 5,000 yuan.
Article 70 Whoever commits one of the following acts shall be fined not less than 1000 yuan but not more than 2000 yuan:
(1) installing unlawfully an alarm siren or a signal light;
(2) escaping after causing a traffic accident, which is not serious enough to constitute a crime;
(3) compelling a motor vehicle driver to drive the vehicle in violation of laws and regulations on road traffic safety or requirements for safety driving and leading to a traffic accident thereby, which is not serious enough to constitute a crime;
(4) making a forcible passage in violation of the regulations on traffic control and refusing to yield to dissuasion;
(5) intentionally damaging, removing or altering traffic facilities, thus causing harmful consequences, which is not serious enough to constitute a crime;
(6) illegally blocking or detaining a motor vehicle and refusing to yield to dissuasion, thus causing serious traffic jam or relatively heavy losses of property;
(7) assembling a motor vehicle up to the standards for being scrapped or driving such a vehicle on roads;
(8) planting trees or other plants or installing billboards or pipelines on both sides of a road or along the isolation belts, so that they shield road lamps, traffic signal lights or traffic signs, or obstruct the safe range of visibility, and refusing to remove these obstacles aforesaid with the instructions made by the traffic control department of the public security organ;
(9) repairing a vehicles or selling spare parts to the driver of a vehicle with the knowledge that the vehicle being repaired is suspected of involving in a hit-and-run traffic accident; or
(10) where a motor vehicle drivers training school (or a training class) fails to truthfully submit training records to the competent department in charge of examination of motor vehicles drivers.
Article 71 Where the driver of a vehicle owned by a transport unit commits any act in violation of the provisions in the first or the second paragraph of Article 92 of the Law of the People's Republic of China on Road Traffic Safety and fails to make rectifications after being punished, the person directly in charge shall be fined 2000 yuan; where he fails to make rectification after being punished twice, the person directly in charge shall be fined 5000 yuan.
Article 72 Whoever fails to construct a parking lot (garage) as supporting facility according to related provisions shall be punished by the planning department by law and ordered to construct the parking lot (garage) as a remedy. Whoever discontinues the use or changes the purpose of use of a parking lot (garage) shall be fined 5 yuan per square meter per day by the traffic control department of the public security organ as of the date when the discontinuing or changing purpose of use happens and shall be ordered to restore the original state within a time limit.
Whoever sets up without permission、closes or removes a temporary parking berth on road or puts in there a barrier that will impede the parking of a motor vehicle into the berth shall be imposed a fine of 500 yuan.
Article 73 With the occurrence of a major or an extraordinarily serious road traffic accident, where the staff member of a relevant unit or a department in charge commit one of the following acts, the person directly responsible for the administration shall be given administrative sanctions by law:
(1) making a approval decision or issuing plates, certificates or licenses in violation of the prescribed conditions or procedures;
(2) failing to conduct safety inspections in accordance with provisions;
(3) imposing penalties only upon acts conspicuously and seriously in violation of road traffic laws without rectifying them;
(4) failing to report against or rectify in time an existing major hidden trouble endangering traffic safety; or
(5) such acts as not performing their duties in accordance with related provisions, dereliction of duty or misconduct in office, which are not serious enough to constitute a crime.
Article 74 With the occurrence of a major or an extraordinarily serious road traffic accident, where the staff member of a relevant unit or a department in charge commit one of the following acts, the person directly in charge shall be given administrative sanctions by law:
(1) failing to exert full efforts to implement and carry out laws and regulations on traffic safety administration and the responsibility system of road traffic safety;
(2) failing to make timely or adequate rectifications to existing troubles endangering traffic safety;
(3) failing to hurry to the spot to direct rescue or making the aftermath of the accident worse due to its improper dealing with the accident or failing to deal with the accident in time;
(4) failing to report the occurrence of a major or an extraordinarily serious road traffic accident to the relevant authorities on higher levels in accordance with prescribed process and time limit, or concealing the accident or delaying the report intentionally.
(5) obstructing or interfering with investigation and dealing with an accident or offering false certificates; or
(6) such acts as not performing their duties in accordance with related provisions, dereliction of duty or misconduct in office.
Chapter VIII Supplementary Provisions
Article 75 The people's government at or above the county level shall eliminate such transportation means as mopeds of heavy pollution exhaust, and the traffic control department of the public security shall not issue any number plate for mopeds; those that have been issued with number plates may be regulated with reference to non-motor vehicles. The people's government of a city divided into districts shall work out the standard for scrapping mopeds.
Article 76 These Regulations shall enter into force as of January 1, 2005. The Regulations of Jiangsu Province on Road Traffic Administration, the Measures of Jiangsu Province on Safety Administration on the Individual and Contracted Motor Vehicles, and the Measures of Jiangsu Province on Preventing, Investigating and Treating Hit-and-run Traffic Accidents shall be repealed as of the same date.