Regulation on the Implementation of the Road Traffic Safety Law of the People's Republic of China (2017 Revision)

Regulation on the Implementation of the Road Traffic Safety Law of the People's Republic of China (2017 Revision) Regulation on the Implementation of the Road Traffic Safety Law of the People's Republic 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......