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Provisions on the Procedures for Handling Road Traffic Accidents (2017 Revision)
中文
Issuing Authority:Ministry of Public Security
Date Issued
Effective Date
Level of Authority
Partially Invalid
Area of Law
应急管理
Status
Effective
Summary
Revision record
Full Text
Provisions on the Procedures for Handling Road Traffic Accidents (2017 Revision)
Order of the Ministry of Public Security
(No. 146)
The revised Provisions on the Procedures for Handling Road Traffic Accidents, as adopted at the minister's executive meeting of the Ministry of Public Security on June 5, 2017, are hereby issued and shall come into force on May 1, 2018.
Minister: Guo Shengkun
July 22, 2017
Provisions on the Procedures for Handling Road Traffic Accidents
Contents
Chapter I General Provisions
Chapter II Jurisdiction
Chapter III Calling the Police and Case Acceptance
Chapter IV Voluntary Consultation
Chapter V Summary Procedures
Chapter VI Investigation
Section 1 General Provisions
Section 2 On-Site Disposal and Investigation
Section 3 Investigation and Seizing of Hit-and-run
Section 4 Examination and Authentication
Chapter VII Recognition and Review
Section 1 Recognition of Road Traffic Accidents
Section 2 Review
Chapter VIII Enforcement of Punishment
Chapter IX Mediation on Compensation for Damages
Chapter X Handling of Foreign-related Road Traffic Accidents
Chapter XI Supervision over Law Enforcement
Chapter XII Supplemental Provisions
Chapter I General Provisions
Article 1 For the purposes of regulating the procedures for handling road traffic accidents, guaranteeing that the traffic administrative departments of the public security organs fulfill duties according to the law, and protecting the lawful rights and interests of parties to road traffic accidents, these Provisions are developed according to the Road Traffic Safety Law of the People's Republic of China, the Regulations for its Implementation and other relevant laws and administrative regulations.
Article 2 The handling road traffic accidents shall follow the principles of lawfulness, impartiality, openness, facilitating people and efficiency, respect and protect human rights, and protect the personal dignity of citizens.
Article 3 Road traffic accidents are classified into property damage accidents, wounding accidents and fatal accidents.
A property damage accident means a road traffic accident that causes property damage and has not caused death of any person.
A wounding accident means a road traffic accident that causes injury to a person and has not caused death of any person.
A fatal accident means a road traffic accident that causes death of a person.
Article 4 The investigation and handling of road traffic accidents shall be in the charge of the traffic administrative departments of the public security organs.
Property damage accidents may be handled by the parties upon consultation, except as otherwise prescribed by laws and regulations, and these Provisions.
Article 5 Traffic police trained and passing the examinations may handle road traffic accidents applying summary procedures.
Handling of wounding accidents shall be hosted by a traffic policeman with primary qualification or higher for handling of road traffic accidents.
Handling of fatal accidents shall be hosted by a traffic policeman with medium qualification or higher for handling of road traffic accidents.
Article 6 To handle road traffic accidents, the traffic administrative departments of the public security organs shall use the national unified traffic management information system.
Advanced scientific and technological equipment and advanced technology shall be encouraged to be applied in the handling of road traffic accidents.
Article 7 Traffic police handling road traffic accidents shall use law enforcement recording equipment according to the provisions.
Article 8 The traffic administrative departments of the public security organs shall establish data and information sharing mechanisms with the judicial organs, insurance institutions and other relevant departments, to improve the informatization level of the handling of road traffic accidents.
Chapter II Jurisdiction
Article 9 Road traffic accidents shall be subject to the jurisdiction of the traffic administrative departments of the public security organs at the county level in the places where accidents occur. Where no traffic administrative departments of the public security organs at the county level are established, accidents shall be subject to the jurisdiction of the traffic administrative departments of the public security organs in districted cities.
Article 10 A road traffic accident that occurs in more than two jurisdictions shall be subject to the jurisdiction of the traffic administrative department of the public security organ in the place where the accident starts.
Where there is any dispute over the jurisdiction, the jurisdiction shall be designated by a common traffic administrative department of the public security organ at the joint next higher level. Before the designation of jurisdiction, the traffic administrative department of the public security organ that first finds an accident or receives the report shall handle it first.
Article 11 A traffic administrative department of the public security organ at a higher level may, when necessary, handle a road traffic accident under the jurisdiction of a traffic administrative department of the public security organ at a lower level, or designate a traffic administrative department of the public security organ at a lower level to transfer a case to another traffic administrative department of the public security organ at a lower level within a prescribed time limit for handling.
Where the jurisdiction of a case is transferred, the handling time limit shall be calculated from the date of receipt of the case.
Article 12 Road traffic accidents happened to personnel and vehicles of the Chinese People's Liberation Army and the Chinese People's Armed Police Force shall be handled according to these Provisions. Where a motor vehicle driving license verified and issued by the Chinese People's Liberation Army or the Chinese People's Armed Police Force is revoked or canceled, or a active serviceman is subject to administrative detention or criminal liability, the violator shall be transferred to the relevant department of the Chinese People's Liberation Army or the Chinese People's Armed Police Force for handling.
Road traffic accidents happened to tractors driving on the road shall be handled in accordance with these Provisions. A traffic administrative department of the public security organ that temporarily withholds, revokes or cancels a driving license or deducts points of a tractor driver shall notify the written decision and scores accumulated of the relevant administrative department of agriculture (agricultural machinery). If any driving license is revoked or canceled, it shall transfer the driving license revoked or canceled to the relevant administrative department of agriculture (agricultural machinery).
Chapter III Calling the Police and Case Acceptance
Article 13 In the event of a fatal accident, a wounding accident, or a property damage accident falling under one of the following circumstances, a party shall protect the scene and immediately call the police:
(1) A driver has no valid motor vehicle driving license or drives a motor vehicle inconsistent with the model of vehicle permitted in the driving license.
(2) A driver is suspected of drinking alcohol, taking state-controlled psychotropic drugs or narcotic.
(3) A driver is suspected of engaging in school bus business or passenger transportation, carrying passengers seriously in excessive of the specified number, or driving seriously in excessive of the prescribed speed.
(4) A motor vehicle has no number plate or uses a forged or altered number plate.
(5) A party is unable to move the vehicle on his or her own.
(6) A party leaves the scene.
(7) There is evidence showing that the accident was intentionally caused by one party.
Drivers must, under the principle of ensuring safety, immediately organize the personnel on the vehicles to evacuate to a safe place off the road to avoid secondary accident. Where a driver have died or cannot move due to injury in a road traffic accident, other persons in the vehicle shall organize evacuation by themselves.
Article 14 In the event of a property damage accident falling under one of the following circumstances, where a vehicle can be moved, the party shall organize personnel on the vehicle to evacuate to a safe place off the road, fix the evidence by taking pictures of the scene or marking the place of the vehicle in accident under the principle of ensuring safety, and call the police after moving the vehicle to a place that does not obstruct traffic:
(1) A motor vehicle has no conformity inspection mark or insurance sign.
(2) A motor vehicle crashes into a building, public facilities or other facilities.
Article 15 In the event of an accident happened to a vehicle carrying explosive, flammable, poisonous, radioactive, corrosive or infectious disease pathogens, and other dangerous goods, a party shall immediately call the police, and the driver of the vehicle carrying dangerous goods and the transport escort shall, according to the laws, regulations and rules on safety management of dangerous goods, and the relevant operating regulations, take corresponding emergency response measures.
Article 16 A public security organ and its traffic administrative department receiving a call shall accept it, make a registration form and record the following contents:
(1) The method and time of calling the police, the name and contact information of the caller, and the phone number shall be recorded, where the police is called by phone.
(2) The time and place of occurrence or discovery of a road traffic accident.
(3) Casualties.
(4) The vehicle type, plate number, whether the vehicle carries dangerous goods and the varieties of dangerous goods, and whether leakage has occurred.
(5) Where a driver is suspected of hit-and-run, the type, color, character of the vehicle causing the traffic accident, and the direction of running, physical characteristics of the driver running away, and other relevant information shall also be inquired of and recorded.
Where a caller does not report his or her name, it shall be recorded. Where a caller does not want to disclose his or her name, he or she shall be kept confidential.
Article 17 Where, after receiving a call reporting a road traffic accident, personnel need to be sent to the scene for handling or a police order is received, the traffic administrative department of the public security organ shall immediately send a traffic policeman to the scene.
Article 18 Where a party does not call the police after a road traffic accident occurs, and the party calls the police to request the traffic administrative department of the public security organ to handle it after the accident scene is removed, the traffic administrative department of the public security organ shall, according to the contents to be recorded as prescribed in Article 16 of these Provisions, keep records, and make a decision of accepting the case or not within three days.
Where a road traffic accident exists upon verification, the traffic administrative department of public security organ shall accept the case and make a registration form of case acceptance; and where, upon verification, it is unable to prove that a road traffic accident exist or a road traffic accident is not under the jurisdiction of the traffic administrative department of the public security organ, the party shall be notified in writing and the reasons shall be explained.
Chapter IV Voluntary Consultation
Article 19 In the event of a property damage accident happened between motor vehicles or between a motor vehicle and a non-motor vehicle, a party shall, after fixing the evidence by taking pictures of the scene or marking the place of the vehicle in accident under the principle of ensuring safety, evacuate from the scene immediately, move the vehicle to a place that does not obstruct traffic, and handle matters of compensation for damages upon consultation, except under the circumstances prescribed in paragraph 1 of Article 13 of these Provisions.
In the event of a property damage accident happened between non-motor vehicles or between a non-motor vehicle and a pedestrian, a party shall first evacuate from the scene, and handle the matters of compensation for damages upon consultation.
Where a party shall evacuate from the scene on his or her own but fails to do so, the traffic policeman shall order the party to evacuate from the scene; and where traffic jam is caused, a fine of 200 yuan shall be imposed upon the driver.
Article 20 In the event of a property damage accident that may be handled by the parties on their own, the parties may handle it upon consultation online on their own through the Internet; and where the parties have disputes over the facts and causes, they may apply to the traffic administrative department of the public security organ for determining the responsibilities of the parties online through the Internet.
Where a party calls the police, the traffic policeman and police assistant may instruct the parties to handle it upon consultation on their own. Where a party requests the traffic police to come to the scene for handling, the traffic police shall be assigned to the scene for investigation and handling.
Article 21 The parties having reached an agreement upon consultation shall develop an agreement on consultation for a road traffic accident and jointly affix signatures to it. An agreement on consultation for a road traffic accident shall specify the time and weather when an accident happens, the place where an accident happens, a party's name, driving license number or identity card number, contact method, type of motor vehicle and number plate number, insurance company, insurance certificate number, accident form, part of collision, and responsibilities of the party, among others.
Article 22 Parties reaching an agreement upon consultation on their own may perform the duties of paying compensation for damages for a road traffic accident by the following methods:
(1) The parties pay compensation on their own.
(2) Handling the matters of compensation for damages at the insurance companies where the parties purchase the insurance policies or the insurance claims service place for road traffic accidents.
Parties failing to perform the duties after reaching an agreement upon consultation on their own may apply to the people's mediation committee for mediation or institute a civil lawsuit with the people's court.
Chapter V Summary Procedures
Article 23 The traffic administrative department of the public security organ may apply the summary procedures to handle the following road traffic accidents, except for those who are suspected of committing traffic crime and a crime of dangerous driving:
(1) property damage accidents; and
(2) wounding accidents in which injured parties have minor injuries, and all parties unanimously agree to apply the summary procedures for handling.
A case to which the summary procedures apply may be handled by one traffic police.
Article 24 A traffic police shall, when applying the summary procedures to handle a road traffic accident, order the parties to evacuate from the scene and restore the traffic, after fixing the on-site evidence. Those who refuse to evacuate from the scene shall be forced to evacuate. Where a party is unable to move the vehicle in a timely manner and affects the traffic and the traffic safety, the traffic police shall move the vehicle to a place that does not obstruct traffic. Those falling under one of the circumstances of item (1) or (2) of paragraph 1 of Article 13 of these Provisions shall be handled according to the provisions of Article 104 of the Regulation on the Implementation of the Road Traffic Safety Law of the People's Republic of China.
After leaving the scene, a traffic police shall, according to evidence fixed at the scene and the statements of the parties and witness, recognize and record the time and weather when a road traffic accident happens, the place where a road traffic accident happens, the parties' names, driving license numbers or identity card numbers, contact methods, types of motor vehicle and numbers of number plates, insurance companies, insurance certificate numbers, accident form of the road traffic accident, and parts of collision, among others, determine the responsibilities of the parties according to Article 60 of these Provisions, and make a Written Conclusion on Road Traffic Accident on site. Where the conditions for issuing a written conclusion are not met, a traffic policeman shall issue a Written Conclusion on Road Traffic Accident within three days.
A Written Conclusion on Road Traffic Accident shall be signed by the parties and served on the parties on site. Where a party refuses to sign or accept a written conclusion, the traffic policeman shall indicate the situation on the Written Conclusion on Road Traffic Accident.
Article 25 Where the parties jointly request for mediation, a traffic policeman shall conduct mediation on site, and record the mediation results in the Written Conclusion on Road Traffic Accident which shall be signed by and served on the parties.
Article 26 Under any of the following circumstances, mediation shall not be applicable, and a traffic policeman may state the relevant situation in the Written Conclusion on Road Traffic Accident and serve the Written Conclusion on Road Traffic Accident on the parties:
(1) The parties have objections to the recognition of the road traffic accident.
(2) The parties refuse to sign on the Written Conclusion on Road Traffic Accident.
(3) The parties disagree with the mediation.
Chapter VI Investigation
Section 1 General Provisions
Article 27 Except under the summary procedures, when the traffic administrative department of public security organ investigates into a road traffic accident, the number of traffic policemen shall not be less than two.
A traffic policeman shall present the People's Police Certificate to the person under investigation, notify the person under investigation of their rights and obligations according to the law and send the contact cards to the parties. A contact card shall specify the name, office address, contact information, monitoring telephone number and other contents of the traffic policeman.
Article 28 When investigating into a road traffic accident, a traffic policeman shall collect evidence in a lawful, timely, objective and comprehensive manner.
Article 29 For a road traffic accident involving more than three deaths, the traffic administrative department of the public security organ shall conduct an in-depth investigation; and conduct an in-depth investigation into road traffic accidents that cause other serious consequences or serious safety problems. The specific procedures shall be separately prescribed.
Section 2 On-Site Disposal and Investigation
Article 30 A traffic policeman shall, after arriving at the scene, immediately carry out the following work:
(1) He or she shall demarcate the waning regions according to the requirements of the standards and specifications concerning the safety protection of accident sites, place illuminating or reflective cone and warning signs at the safety distance, and determine a special person to be responsible for on-site traffic command and guidance. Where a road traffic accident causes traffic disruption or a road needs to be closed and other traffic control measures need to be taken for on-site disposal and investigation, he or she shall organize traffic diversion at the direction of vehicles at the scene of accident in advance and place a bypass mark.
(2) Organizing rescue of the injured.
(3) Directing ambulances, investigation vehicles and other vehicles to park at positions convenient for rescue and investigation, turning on alarm lamps, and turning on hazard warning lamps and outline marker lamps at night.
(4) Looking for parties and witnesses of the road traffic accident and controlling the accident suspect.
(5) Other work required to be carried out immediately.
Article 31 Where a road traffic accident results in death, the emergency and medical personnel and forensic doctor shall conduct confirmation, and a qualified medical institution shall issue a death certificate. Corpses shall be stored at funeral service entities or medical institutions with places for storing corpses.
Article 32 A traffic policeman shall conduct the following investigations into the accident scene:
(1) Investigating into the accident scene, identifying the accident vehicle, parties, road and space relationship between them, as well as the weather when the accident happens.
(2) Fixing, obtaining or preserving the evidence materials on the scene.
(3) Inquiring of the parties and witnesses, and making inquiry transcript; and recording the inquiry process through keeping audio and video recordings where the conditions for making inquiry transcript on site are not met.
(4) Other investigations.
Article 33 A traffic policeman investigating into the scene of a road traffic accident shall, in accordance with the provisions of the relevant regulations and standards, take pictures of the scene, draw pictures of the scene, obtain and collect traces and physical evidence relevant the case, and make on-site investigation records. Where, during the on-site investigation, a party is found to be suspected of using means of transport to commit other crimes, the crime scene and evidence shall be appropriately protected, the suspects shall be controlled, and the appropriate department of public security organ shall be reported immediately.
Where more than three persons die in a road traffic accident, on-site video recordings shall be made, and persons with specialized knowledge may be hired to participate in the on-site investigation and examination if necessary.
Pictures of the scene and on-site investigation transcript shall be signed by the traffic police, parties and witnesses participating in the investigation. Where a party or witness refuses or is unable to affix signature thereto, and there is no witness, it shall be recorded.
Article 34 Where traces, physical evidence and other evidence may be changed, damaged and lost due to the time, place, weather and other causes, a traffic policeman shall fix, obtain or preserve such them in a timely manner.
Where a vehicle driver is suspected of having drunk alcohol or taken psychotropic drugs or stupefacient restricted by the state, the traffic administrative department of the public security organ shall, in accordance with the Provisions on the Procedures for Handling Illegal Acts of Road Traffic Safety, draw blood or collect urine and other samples to be tested and send them to the institutions qualified for examination and authentication for conducting examination.
Where a vehicle driver dies on the spot, blood shall be drawn for examination in a timely manner. Where the conditions for drawing blood are not met, a certification shall be issued by a medical institution or authentication institution.
Article 35 A traffic policeman shall check the parties' identifications, motor vehicle driving licenses, motor vehicle licenses, conformity inspection marks, and insurance signs, among others.
A traffic accident suspect may be summoned in accordance with the law. A traffic accident suspect found at the scene may be verbally summoned after a People's Police Certificate is produced, and the suspect's arrival process, arrival time and departure time shall be specified in the inquiry transcript.
Article 36 After investigating into the accident scene, a traffic policeman shall check and register the articles left at the scene, quickly organize to clean up the scene and restore the traffic as soon as possible.
Articles left at the scene that can be returned on site shall be returned and recorded on site; and where the owner is unable to be determined on site, they shall be registered, appropriately kept, and returned in a timely manner after the owner is determined.
Article 37 Due to the needs of investigation, the traffic administrative department of the public security organ may obtain the records of the vehicle driving recorder, satellite positioning device, and technical monitoring equipment, as well as other evidence materials related to the accident from relevant entities and individuals.
Article 38 Due to the needs of investigation, the traffic administrative department of the public security organ may organize the parties and witnesses of a road traffic accident to identify the suspects and suspected vehicles.
Identification shall be carried out under the auspices of traffic police. The number of traffic policeman presiding over the identification shall not be less than 2. When several identifiers identify a same object to be identified, identification shall be individually conducted by the identifier.
In the identification, the object to be identified shall be mixed in other objects with similar characteristics, and......