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Regulations of Zhuhai Special Economic Zone
on Administration of Road Traffic Safety
(Adopted at the 10th Session of the Standing Committee of the 6th Municipal People’s
Congress of Zhuhai on May 27, 2005; amended at the 39th Session of the Standing
Committee of the 7th Municipal People’s Congress of Zhuhai on July 26, 2011;
amended in accordance with the Decision of the Standing Committee of the Municipal
People’s Congress of Zhuhai on Revision of Two Regulations Including the ‘Rules of
Procedure for the Zhuhai Municipal People’s Congress’ adopted at the 37th Session
of the Standing Committee of the 10th Municipal People’s Congress of Zhuhai on July
29, 2016.)
Chapter I General Provisions
Article 1 These Regulations are enacted in accordance with the basic principles of the
Road Traffic Safety Law of the People’s Republic of China and relevant laws and
administrative regulations and in light of the actual situations of Zhuhai, with a view
to strengthening road traffic administration, maintaining traffic order and
guaranteeing traffic safety and mobility.
Article 2 These Regulations shall be applicable to the Zhuhai Special Economic Zone
(hereinafter referred to as the “Special Economic Zone”)
Article 3 People’s governments at all levels shall carry out road traffic safety
education, establish and improve the traffic safety evaluation system and complete
traffic safety infrastructure, with a view to guaranteeing that the road traffic safety
administration is in conformity with the social development.
Article 4 These Regulations shall be organized and implemented by the traffic
administration department of the municipal public security organ.
Relevant departments in charge of transportation, planning and construction, work
safety supervision, environmental protection, justice and municipal administration
shall, in accordance with their respective functions and duties, be cooperative in the
implementation of these Regulations.
Article 5 The divers, pedestrians, passengers and units or individuals relating to the
road traffic activities shall voluntarily comply with the laws and regulations
concerning road traffic safety and maintain the road traffic order.
Article 6 People’s government at all levels and other relevant departments shall
promote the knowledge of road traffic safety by various means, so as to improve the
public’s awareness of road traffic safety. The traffic administration department of the
public security organ shall release the road traffic safety information in a timely
manner and provide consultation about road traffic safety.
Units of press, publication, broadcast, television and otherwise shall strengthen the
publicity of laws and regulations concerning road traffic safety and publish and
broadcast information of road traffic safety administration.
Article 7 Units and individuals shall be encouraged to provide volunteer services to
assist in the maintenance of road traffic order under the unified organization of the
traffic administration department of the public security organ.
Chapter II Vehicle
Article 8 The following vehicles shall not be registered or driven on the road:
(i) mini passenger service vehicles;
(ii) mini trucks;
(iii) low-speed trucks; and
(iv) three-wheeled vehicles.
The above-mentioned vehicles with plates issued by other places outside the Special
Economic Zone shall be prohibited from entering and driving in the Special Economic
Zone.
Article 9 Registration shall not be granted to motorcycle within the administrative
region of Xiangzhou District, with exception of the work vehicles of law enforcement
department with approval by the municipal people’s department.
The issuance and approval of motorcycle plates shall be strictly controlled within the
administrative regions of Jinwan District and Doumen District subject to the needs of
production and life, and measures such as establishing forbidden sections or
restriction time for motorcycles may be taken to guarantee traffic safety. The specific
measures for the issuance of plate shall be formulated by the municipal people’s
government separately.
The motorcycles without registration or plates of which are issued by the places
outside the Special Economic Zone shall be prohibited from driving on the roads.
Motorcycles registered within the administrative regions of Jinwan District and
Doumen District shall not enter or be driven in Xiangzhou District.
Article 10 The following non-motor vehicles shall not be registered or driven on the
road:
(i) rickshaws;
(ii) electric bicycles;
(iii) booster bicycles; and
(iv) other non-motor vehicles equipped with power-driven devices.
Article 11 Where the vehicles of which applications are made for for registration,
change of registration from other places or registration of transfer fail to qualify the
vehicle pollutant discharge standards implemented by the Municipality, the traffic
administration department of the public security organ shall not grant the vehicle
registration to such vehicles.
Article 12 Vehicles shall, in any of the following circumstances, be prohibited from
driving on the road:
(i) where the appearance is severely stained;
(ii) where the noise pollution or exhaust emission has exceeded the prescribed
emission standards; or
(iii) where no effective measures to prevent the scattering, flying or leaking in
case of loading garbage, gravel, dirt or other objects.
Article 13 In any place selling motorcycles, rickshaws, electric bicycles, booster
bicycles and other non-motor vehicles equipped with power-driven devices, the seller
shall post up the announcement about the prohibition and restriction on motorcycles
and electric bicycles printed by the traffic administration department of the public
security organ and inform the buyers of relevant provisions of the Municipality.
Article 14 No unit or individual may carry out the following conducts:
(i) arbitrarily changing the light settings, appearance and other technical
parameters of vehicles; or
(ii) arbitrarily changing the power unit, engine number or identification number
of vehicles.
Any vehicle being arbitrarily remolded shall be prohibited from driving on the road.
Article 15 Any unit or individual shall keep relevant records in the process of
repairing any vehicle with damaged appearance. Where the repaired vehicle is
suspected of being involved in a traffic accident, it shall be reported to the public
security organ in a timely manner.
Chapter III Driver, Pedestrian and Passenger
Article 16 The drivers shall comply with the provisions of traffic lights while driving
vehicles and follow the directions of traffic officers in the intersections or sections
guarded by traffic officers.
Article 17 The vehicle drivers shall comply with the following provisions of yielding:
(i) slowing down while driving by the crosswalk without traffic lights; and
stopping to give way to pedestrians when the pedestrians are passing the
crosswalk;
(ii) yielding to give way to pedestrians when the pedestrians are passing the road
without traffic lights;
(iii) slowing down while driving into and out of or across the road to let the
pedestrians and vehicles on the road go with priority; and
(iv) yielding to give way to police vehicles, firefighting trucks, ambulances and
rescue vehicles performing urgent tasks while driving.
Article 18 The vehicle drivers shall comply with the following driving rules:
(i) the vehicles making a turn shall yield to vehicles going straight;
(ii) no driving over the guide lines;
(iii) no driving on the reserved lanes;
(iv) the drivers shall drive on the road with guide markings in accordance with
the required advancing direction and shall not change lanes or drive in other
directions;
(v) the drivers shall not make any forcible overtaking, occupation of opposite
lane or cut-in-line while queuing or moving slowly;
(vi) where there is traffic congestion at the front intersection, the drivers shall
stop and wait outside the intersection and shall not force an entrance into the
road section;
(vii)where there are two or more motorways in one direction, the motorbuses,
heavy trucks and medium trucks shall be driven in the rightmost motorway;
(viii) the drivers shall not obstruct traffic by deliberately driving slowly,
stopping or other means when there is no obstacle ahead;
(ix) the drivers shall comply with the provisions concerning prohibitions and
restrictions of driving;
(x) the drivers shall not drive beyond the speed prescribed by the speed limit
signs and markings; while driving on the road with two or more motorways
in the same direction and without speed limit signs or markings, the max
speed per hour shall not exceed 80 kilo meters; and while driving on the
road with only one motorway in the same direction, the max speed per hour
shall not exceed 50 kilo meters; and
(xi) the drivers shall not conduct chase race driving on the road.
Article 19 The vehicle drivers shall not carry out the following conducts:
(i) driving any vehicle with expired driving license;
(ii) driving any vehicle without plate;
(iii) falsely claiming any driving license or vehicle plate;
(iv) failing to hang a plate as required, covering a vehicle plate or obstructing
traffic supervision by other means while driving vehicles; or
(v) forging, altering or using any forged or altered vehicle registration
certificate, plate, driving license, conformity inspection mark or using the
plate, driving license or conformity inspection mark of any other vehicle.
Article 20 The vehicle drivers shall not carry out the following conducts in the
inspection by traffic officers or upon the occurrence of any traffic accident:
(i) in case of inspection by traffic officers, refusing to accept inspection or
avoid inspection by driving away or by abandoning the vehicles concerned;
(ii) making any other person falsely claim the driving behavior upon the
occurrence of any traffic accident;
(iii) escaping upon the occurrence of any traffic accident; or
(iv) intentionally destroying or forging the accident scene, destroying evidence,
providing false testimony or lying about the case upon the occurrence of any
traffic accident.
Article 21 The vehicle drivers shall park the vehicles at the prescribed places.
Vehicles shall not be parked at the motorways, with exception of the parking berths
designated in accordance with law. The vehicles shall be parked in a direct direction
with the vehicle bodies not exceeding the scope of parking berths on the road.
It is forbidden to park or temporarily park any vehicle in the fire passages, sidewalks
and road sections with yellow squares.
Article 22 While temporarily parking on the road outside the parking lot, the vehicle
shall be parked in a direct direction with the distance between the right wheel flange
of the vehicle and the road edge being no more than 0.3 meter.
In case of temporary parking, the hazard warning lamp shall be turned on; in case of
low visibility caused by wind, rain, haze or fog, the outline marker lamp, tail lamp
and fog lamp shall be turned on.
Article 23 The vehicle drivers shall be prohibited from using the headlights on full
beam in the following places or circumstances:
(i) road sections with good lighting conditions;
(ii) bridges, tunnels and elevated highways;
(iii) passing by vehicles or pedestrians coming from the opposite direction; or
(iv) stopping or suspending driving.
Article 24 The vehicle drivers shall not carry out the following conducts while
driving on the urban expressways or the highways:
(i) driving against the traffic or driving backwards;
(ii) failing to set up any warning sign as required in case of emergencies;
(iii) driving on any emergency lane or road shoulder in the non-emergency
situations;
(iv) driving slower than the prescribed minimum speed under normal conditions;
or
(v) picking up or dropping off passengers on the road in violation of relevant
provisions.
Article 25 The divers of heavy truck, medium truck, motorbus and medium bus shall
not carry out the following conducts:
(i) driving against the traffic;
(ii) violating provisions on prohibitions and restrictions of driving;
(iii) driving on any bicycle lane or sidewalk;
(iv) in case of heavy trucks or medium trucks, exceeding authorized loading
capacity; or
(v) in case of motorbuses or medium buses, exceeding authorized seating
capacity.
Article 26 The bus drivers shall, while driving buses in or out of any bus station,
comply with the following provisions:
(i) not temporary picking up or dropping off passengers in places other than the
bus station;
(ii) waiting for entry into the station in the rightmost motorway when the station
is inaccessible temporarily;
(iii) pulling over in one line at one side of the station; and
(iv) driving away from the station in order.
In case of changing lanes, the drivers shall not influence the normal driving of other
vehicles already on the road.
Article 27 The vehicle drivers shall comply with the following provisions while
driving the highway passenger vehicles:
(i) driving in accordance with the designated route; and
(ii) not picking up or dropping off passengers on the road outside the passenger
stations designated by the public security organ and the department in charge
of traffic transportation.
Article 28 The following provisions shall be complied with in the use of any school
bus:
(i) applying to the traffic administration department of the public security organ
for a school bus marker;
(ii) using the school bus marker while driving on the road;
(iii) complying with the authorized seating capacity; and
(iv) not leasing, borrowing, selling or forging any special marker and sign for
school bus.
Article 29 The vehicle drivers shall comply with the flowing provisions while driving
any motorcycle:
(i) wearing the safety helmets;
(ii) not picking up any passenger not wearing the safety helmet, side sitting or
back sitting on the motorcycle, opening an umbrella while sitting or sitting
with both hands occupied;
(iii) not using any appliance that may obstruct traffic safety such as umbrella;
and
(iv) not using communication tools such as mobile phones.
Article 30 The non-motor vehicle drivers shall not carry out the following conducts:
(i) using any appliance that may obstruct traffic safety such as umbrella;
(ii) juvenile riding bicycle to carry passenger;
(iii) driving against the traffic on any non-motor lane; and
(iv) violating the provisions to drive on any motorway, urban expressway or
highway.
Article 31 The pedestrians shall, while passing through intersections or going across
roads, walk the crosswalks or street-crossing facilities and shall, while passing
through the crosswalks with traffic lights, walk in accordance with the instruction of
traffic lights.
Article 32 The passengers shall not carry out the following conducts:
(i) throwing any item out of the vehicle; or
(ii) using any appliance that may obstruct traffic safety such as umbrella while
taking a motorcycle.
Article 33 The following conducts shall be forbidden on the road:
(i) peddling, begging for or giving away goods on the motorways;
(ii) the vehicle drivers giving alms to the pedestrians begging in the motorways,
buying goods from the peddlers or receiving goods from the givers;
(iii) riding animals; or
(iv) climbing over the motorway isolation facilities.
Chapter IV Conditions for Road Passage
Article 34 In case of any large-scale public project, large civil building and other
major construction project of great significance for urban transport, the department in
charge of traffic transportation shall organize relevant departments to carry out traffic
impact evaluation before the approval of the project.
The traffic impact evaluation shall be treated as the basis for the planning,
establishment and design of construction projects.
Article 35 The newly-built, reconstructed or extended roads shall be planned and
constructed in accordance with principles of “making overall plans” and “separation
of pedestrians and vehicles”, with a view to ensuring the safe and smooth passage of
motor vehicle drivers, non-motor vehicle drivers and pedestrians.
The traffic administration department of the public security organ shall participate in
the planning, design, construction and acceptance of traffic lights, traffic signs and
markings and other traffic safety facilities.
Article 36 The establishment and adjustment of public transport stations shall comply
with the requirements of transport planning and safe and smooth passage. Relevant
department shall solicit opinions from the traffic administration department of the
public security organ before approval.
Article 37 In case of applying for the opening of intersection during the new
construction, reconstruction and extension of any urban road, the requirements of
transport planning and safe and smooth passage shall be complied with and the
intersection shall be constructed only after being approved by the planning
construction department or the highway administration department. The opinions of
the traffic administration department of the public security organ shall be solicited
before approval.
In case of applying for the opening of intersection on any constructed urban road, the
application shall be reviewed and approved by the traffic administration department of
the public security organ. The opinions of the department in charge of construction
planning and the municipal administration department shall be solicited before
approval. In case of applying for the opening of intersection on any constructed
highway, the application shall be reviewed and approved by the highway
administration department and the opinions of the department in charge of
construction planning and the traffic administration department of the public security
organ shall be solicited.
Where the construction is approved, relevant safety protection facilities shall be
established in construction.
Article 38 Relevant government departments shall carry out reasonable planning and
construction of parking lots and emphatically construct parking lots in areas including
ports, commercial centers, administrative centers and public service places.
No unit or individual shall arbitrarily establish operational parking lot. In case of
establishing any operational parking lot, the operator thereof shall make application to
the municipal administration department. The municipal administration department
shall, before approval, solicit opinions from the traffic administration department of
the public security organ, which shall conduct inspection of the design scheme of the
parking lot to ensure the safe and smooth passage.
The use term of a temporary parking lot shall be 1 year and the extension of such term
shall be reapplied.
Article 39 The municipal administration department may establish parking berths on
the road without affecting the passage of pedestrians and vehicles and shall solicit
opinions from the traffic administration department of the public security organ before
establishment. No other unit or individual shall establish any parking berth on the
road.
Parking fees may be charged for the parking berths on the road and the fees charged
shall be used for the construction and maintenance of public parking lots and roads.
Article 40 No unit or individual shall carry out the following conducts that may
influence the road passage:
(i) intentionally destroying, damaging, moving or obliterating any transport
safety facility;
(ii) arbitrarily establishing any roadblock, parking berth, advertisement or
guidepost on the road without approval;
(iii) arbitrarily mining any road, occupying road for construction or
implementing other activities that may influence the road traffic safety
without approval; and
(iv) arbitrarily setting up any intersection on the constructed road without
approval.
Chapter V Prevention and Handling of Traffic Accidents
Article 41 State organs, armed forces, enterprises and public institutions and other
organizations shall educate their staff about road traffic safety.
Article 42 The units engaging in road passenger and freight transportation and the
other units owning vehicles shall establish liability system of traffic accident
prevention, which shall include the following contents:
(i) systems concerning the daily use, maintenance, repair and examination of
vehicles owned thereby shall be established, so as to make the vehicles
complying with the national safety technical standards;
(ii) the staff thereof shall be educated to comply with the laws and regulations
on road traffic safety;
(iii) the legal representatives of units engaging in road passenger and freight
transportation shall be responsible for the works relating to road traffic
safety, and shall establish working body for road traffic safety and provide
full-time staff of traffic safety; and
(iv) the passenger and freight stations shall carry out safety inspection for the
passengers and freight vehicles entering into the stations as stipulated and
forbid the passenger and freight vehicles with situations including
overloading, disqualification of safety technical conditions, black smoke
emission or other obvious pollutants to go out of the stations.
The department in charge of work safety supervision and the traffic administration
department of the public security organ shall carry out supervision and inspection
over the performance of responsibility system of traffic accident prevention.
Article 43 Where there exist road sections with frequent occurrence of traffic
accidents in the road in service or exist serious potential traffic dangers in the parking
lot or road supporting facilities, the traffic administration department of the public
security organ shall put forward specific suggestions concerning the prevention of
traffic accidents and elimination of dangers and urge relevant departments to make
corrections.
Article 44 In case of traffic accident compensation, the traffic administration
department of the public security organ shall inform the parties concerned of the right
to apply for people’s mediation. Where the parties concerned jointly apply to the
traffic administration department of the public security organ for mediation, the
department shall accept the application and carry out such mediation. Where it is
agreed on by the parties concerned, the department may entrust the people’s
mediation committee to carry out mediation or invite the committee to assist with the
mediation.
Article 45 Where any traffic accident occurring on the road only causes damage to
certain properties and the parties concerned can move the car by themselves and have
no dispute over the facts, the parties concerned shall immediately leave the scene and
move the vehicles to a safe place not obstructing traffic and may, if the conditions
permit, take photos of the scene or marking the positions of vehicles before leaving.
Where the parties concerned do not need to go through the settlement of insurance
claim after moving the vehicles in accident away from the scene, the parties may deal
with the compensation affairs thereof by themselves. Where the parties concerned
need to go through the settlement of insurance claim, the parties shall call the
insurance company to report the case and jointly go to the center for quick settlement
and quick compensation after reporting.
Article 46 Where the traffic accident complying with any of the following
circumstances and the vehicles concerned are able to move, the parties concerned
shall immediately report to the police and move the vehicles to the places not
obstructing the traffic after reporting to wait for the traffic officer. Where the
conditions permit, the parties shall take photos of the scene or marking the positions
of vehicles before leaving the scene:
(i) where there occurs property loss accident and the parties concerned have
disputes over the accidents or the reasons therefor;
(ii) where the accident has crashed building, public facilities or other facilities;
(iii) where the vehicles concerned have no plate, conformity inspection mark or
insurance mark; or
(iv) where the vehicles concerned have carried explosives, flammable or
explosive chemicals dangerous materials or poisonous, radioactive,
corrosive and infectious pathogens materials or other dangerous materials.
Where the vehicles in traffic accident have caused damage to facilities of any road,
power supply or communication, the traffic administration department of the public
security organ shall report the settlement situations of the accident to relevant
department, which shall be responsible for handling such accident in accordance with
law.
Article 47 Where the driver(s) involved in any traffic accident is suspected of driving
without valid driving license or driving after taking psychotropic or narcotic drugs
controlled by the State, the parties concerned shall preserve the scene and
immediately report such to the police and shall not leave the scene.
Article 48 The municipal people’s government shall establish the social salvation
fund for traffic accident, the management and utilization of which shall be handled by
corresponding regulatory agency. The social salvation fund shall consist of the fund
withdrew from the insurance expenses of the compulsory insurance for traffic
accident of motor-driven vehicle and other funds, and the social donation, and shall be
used for the funeral expenses of the victims of traffic accidents and part or all of
rescue expenses thereof. The specific measures for social salvation fund of traffic
accident shall be formulated by the municipal people’s government separately.
Article 49 In case of any major traffic accident, the municipal people’s government
shall organize the departments in charge of work safety supervision department, the
traffic administration department of the public security organ, and other relevant
departments to make comprehensive investigation on the problems in aspects like
vehicle registration, driver’s qualification, road passage conditions and responsibility
system of road safety prevention and reasons and potential dangers for the occurrence
of traffic accident, put forward correction measures and investigate the responsibilities
of relevant units and their directors, as well as the persons directly responsible.
Chapter VI Law Enforcement Procedures
Article 50 In case of imposing a warning or a fine of no more than RMB500 on any
person violating the road traffic law, the summary procedure may be adopted and the
traffic officer shall make the decision of administration punishment on the spot.
Article 51 In case of imposing a fine of no more than RMB200 on any pedestrian,
passenger or non-motor vehicle driver, the police officer may, upon adopting the
summary procedure to make the decision of punishment on the spot, collect the fine
on the spot and issue the special receipt printed by the financial department. Where
any non-motor vehicle driver fails to pay the fine on the spot, the traffic officer may
detain the non-motor vehicle concerned.
Article 52 With respect to any traffic violation to which the summary procedure is not
applicable, the general procedure shall be adopted.
In case of any violation with instantaneous occurrence, short duration and easy loss of
evidence, the traffic officer may fix the evidence by making on-spot record. The on-
spot record made by traffic officer shall be specific and normative.
Article 53 The traffic administration department of the public security organ shall set
up traffic technical supervision equipment scientifically, normatively and reasonably
and may use the equipment thereof to collect and fix evidence of violations.
Where there is no dispute over the traffic safety violations recorded by the traffic
technical supervision equipment, the party concerned may directly go to the bank to
pay the fine. The traffic administration department of the public security organ will
not issue or deliver the written decision of administrative punishment upon payment
of fine. Where the party concerned has dispute over the punishment after payment of
fine, he or she may, within 60 days as of the day of paying the fine, apply for
administrative reconsideration in accordance with law.
Article 54 In case of any violation of the road traffic safety law recorded by the traffic
technical supervision equipment, the party concerned may choose to go the nearby
traffic officer group of the public security organ to accept the punishment.
Article 55 In case of violating the road traffic safety law for more than 5 times and
failing to receive punishment, the traffic administration department of the public
security organ may detain the vehicle concerned till corresponding punishment has
been enforced.
In case of temporary suspension or discontinuation by public announcement of any
driving license, the traffic administration department of the public security organ shall
inform the owner of the vehicle concerned to accept punishment. Where the owner
fails to accept punishment, the vehicle concerned may be detained till corresponding
punishment has been enforced.
Article 56 Where the party concerned fails to claim the vehicle or non-motor vehicle
detained in accordance with these Regulations within the prescribed term and after 3
months’ announcement, the traffic administration department of the public security
organ may transfer the vehicle concerned to the financial department for handling in
accordance with law, except as otherwise stipulated in these Regulations.
Where the vehicle concerned need to be detained for the inspection and authentication
of the traffic accident, the traffic administration department of the public security
organ shall, within 5 days as of the day of achieving incontestable results of the
inspection and authentication, inform the party concerned to claim the vehicle. Where
the party concerned fails to claim the vehicle within the prescribed term and after 3
month’s announcement, the traffic administration department of the public security
organ may transfer the vehicle concerned to the financial department for handling in
accordance with law.
Article 57 The traffic administration department of the public security organ shall
deliver the notice to the punishment of road traffic safety violations recorded by the
traffic technical supervision equipment and relevant legal instruments according to the
correspondence address provided by the owner of the vehicle concerned. The traffic
administration department of the public security organ may, with the consent of the
owner of the vehicle concerned, inform the owner thereof by fax, short message, e-
mail or other agreed methods and no legal instrument will be delivered separately.
Article 58 With respect to the administrative punishment of fine imposed by the
traffic administration department of the public security organ by law, except for those
collected on the spot, the system of separating the decision on a fine from the
collection of fine shall be adopted in accordance with relevant laws and administrative
regulations. The fine collected shall be turned over to the national treasury in full
amount.
Article 59 The traffic assistants recruited by the traffic administration department of
the public security organ may assist the traffic officers in the maintenance of traffic
order after training.
Under the guidance of traffic officers, the traffic assistants may use video equipment
to record static traffic violations like illegal parking and dynamic traffic violations
like cutting in line or driving on the line, and may paste the notice of violation on the
illegally parked vehicles. The data of traffic violations recorded by traffic assistants
through video equipment may, upon being examined and inspected by the traffic
administration department of the public security organ, be used as evidence of
violations.
Article 60 The units and individuals shall be encouraged to report violations of road
traffic safety law to the traffic administration department of the public security organ.
The traffic administration department of the public security organ shall conduct the
inspection of violations of road traffic safety law reported by units or individuals in a
timely manner and deal with such violations in accordance with law, and the results
thereof shall promptly be informed to the informant.
Chapter VII Management and Supervision on Law Enforcement
Article 61 The traffic administration department of the public security organ and its
traffic officers shall perform their functions and duties in accordance with law,
publicize the working system and procedures, simplify working formalities, bring
convenience to the masses and implement rigid, fair and civilized law enforcement.
Article 62 The traffic administration department of the public security organ shall
strengthen road patrol and inspection, and carry out calibration, repair and
maintenance of fixed traffic supervision equipment to ensure the effective utilization
thereof.
Article 63 The traffic administration department of the public security organ shall
strengthen its management over the traffic officers and improve the competency of
police officers and the level of road traffic management.
Article 64 The traffic administration department of the public security organ and its
traffic officers shall not carry out any of the following conducts:
(i) accepting properties from others or seeking other benefits by taking
advantage of the position thereof;
(ii) in violation of relevant provisions, eliminating records of road traffic safety
violations;
(iii) implementing falsification in calculating data of traffic violations, accidents
or casualties;
(iv) obstructing law enforcement activities of road traffic safety by various
means;
(v) failing to implement the system of separating the decision on a fine and the
collection of fine or failing to turn the fees and fine collected by law to the
national treasury in full amount; or
(vi) carrying out misuse of authority, neglect of duty and other conduct
concerning non-performance of statutory duties.
Article 65 All units and individuals shall be entitled to report and initiate legal
proceedings against the non-performance of statutory duties and other violations of
laws and disciplines conducted by the traffic administration department of the public
security organ and its traffic officers.
The traffic administration department of the public security organ shall establish a
special agency to accept report and set up a special report telephone hotline and
announce such to the public on the newspaper and government website. The traffic
administration department of the public security organ shall, within 15 days upon
receiving the complaint or report, decide whether to accept it or not and inform the
complaint or the informant thereof. Where the complaint or report is accepted, the
department shall promptly organize investigation thereof and inform the complaint or
the informant of the results of settlement.
Article 66 The traffic administration department of the public security organ shall
establish the post responsibility system and the accountability system to make prompt
correction of the violations. Where the legitimate interest of party concerned is
damaged due to the illegal performance of duties, compensation shall be made in
accordance to law.
Chapter VIII Legal Liability
Article 67 The traffic administration department of the public security organ shall be
responsible for imposing punishment on the violations influencing road traffic safety.
With respect to any violation with minor circumstance and no impact on road passage,
if the party concerned has made prompt corrections, the department shall release the
party concerned upon making a verbal warning.
With respect to any violation with serious influence on road traffic order and severe
harm to the public safety, a heavier punishment shall be imposed; with respect to any
violation with serious influence on road traffic order and severe harm to the public
safety for multiple times, an increased punishment shall be implemented.
Article 68 In any of the following circumstances, the party concerned shall be
imposed a warning or a fine of RMB50:
(i) driving non-motor vehicle against the traffic on the bicycle lane;
(ii) using any appliance that may obstruct traffic safety such as umbrella while
driving non-motor vehicle;
(iii) using any appliance that may obstruct traffic safety such as umbrella or
scattering items while taking a motorcycle;
(iv) juvenile riding bicycle to carry passenger;
(v) the pedestrian failing to go on the crosswalk or street-crossing facility while
passing the intersection or crossing the road or failing to follow the guidance
of traffic lights while going through the crosswalk with traffic lights;
(vi) peddling, begging for or giving away goods on the motorway;
(vii)the vehicle drivers giving alms to pedestrians begging on the motorway;
(viii) riding any animal on the road; or
(ix) climbing over the isolation facilities on the motorway.
Article 69 Where any vehicle driver fails to park the vehicle on the right spot or turn
on the hazard warning lamp in the temporary parking, a warning or a fine of no more
than RMB100 shall be imposed thereupon.
Article 70 In any of the following circumstances, the party concerned shall be
imposed a fine of RMB200:
(i) failing to comply with the provisions of traffic lights while driving the
vehicle or failing to follow the direction of traffic officers while driving
across any intersection or road section guarded by traffic officers;
(ii) failing to slow down while driving across any crosswalk without traffic
lights;
(iii) failing to make correct use of headlights on full beam while driving;
(iv) failing to comply to relevant provisions while driving bus in or out of
stations or affecting the normal driving of other vehicles already in the lane
while changing lanes;
(v) the vehicle driver buying goods from any peddler or receiving goods from
any giver on the motorway;
(vi) driving the non-motor vehicle into any motorway, urban expressway and
highway; or
(vii)failing to park vehicle as required or failing to pay the parking fees as
prescribed while parking the vehicle in any road parking berth.
Where the vehicle driver has commit any conduct as mentioned in the Item (i) of the
previous paragraph for more than 3 times within 1 year, a fine of RMB500 shall be
imposed since the third time.
Article 71 Where any vehicle driver fails to leave the scene as required after the
occurrence of traffic accident and has obstructed the traffic passage, a fine of no less
than RMB200 and no more than RMB500 shall be imposed.
Article 72 In any of the following circumstances, the vehicle driver shall be imposed
a fine of RMB300:
(i) driving a severely defiled vehicle on the road;
(ii) failing to stop the vehicle to yield to the pedestrians while driving across any
crosswalk without traffic lights;
(iii) failing to yield to the pedestrians while driving across any crosswalk without
traffic lights or failing to slow down while driving into or out of or across
the road to let the pedestrians or vehicles already in the road go with
priority;
(iv) failing to yield to any police vehicle, firefighting truck, ambulance and
rescue vehicle performing an urgent task while driving;
(v) failing to yield to any vehicle going straight while making a turn;
(vi) driving over the guide lines;
(vii)driving on the reserved lines;
(viii) failing to drive in accordance with the required advancing direction by
changing lanes or driving in other directions while driving on the road with
guide markings;
(ix) making forcible overtaking, occupation of opposite lane or cut-in-line while
queuing or slowly moving;
(x) failing to wait outside the intersection and make a forcible entry in case of
traffic congestion at the front intersection;
(xi) failing to drive the motorbus, heavy or medium truck on the rightmost
motorway when there are more than two motorways in one direction;
(xii)obstructing traffic by deliberately driving slowly, stopping or other means
when there is no obstacle ahead;
(xiii) failing to comply with provisions concerning prohibitions and
restrictions while driving;
(xiv) failing to drive the road passenger vehicles in accordance with
designated routes;
(xv)picking up or dropping off passengers on the road other than the stations
designated by the public security organ and the department in charge of
traffic transport;
(xvi) failing to wear the safety helmet as required while driving any
motorcycle and carrying passenger not wearing the safety helmet, side
sitting or back sitting on the motorcycle, opening an umbrella while sitting
or sitting with both hands occupied;
(xvii) using any appliance that may obstruct traffic safety such as umbrella
while driving a motorcycle;
(xviii) using any communication tool such as mobile phone while driving a
motorcycle; or
(xix) failing to park vehicles on the port area as required or park or
temporarily park vehicles on any fire passage, crosswalk and road section
with yellow squares.
Where any vehicle is recorded by the traffic technical supervision equipment or is
recorded in the road traffic violation information management system due to yielding
to any police vehicle, firefighting truck, ambulance or rescue vehicle performing an
urgent task, the record shall be eliminated and the vehicle shall be exempt from
administrative punishment.
Article 73 In any of the following circumstances, the vehicle driver shall be imposed
a fine of RMB500:
(i) driving against the traffic or driving back on the any urban expressway or
highway;
(ii) failing to set up any warning sign as required in case of emergency on any
urban expressway or highway;
(iii) driving on the emergency lane or road shoulder of any urban expressway or
highway in the non-emergency situations;
(iv) driving slower than the prescribed minimum speed under normal conditions
on any urban expressway or highway;
(v) driving any heavy truck, medium truck, motorbus or medium bus against the
traffic;
(vi) violating the provisions of prohibitions and restrictions while driving any
heavy truck, medium truck, motorbus or medium bus; or
(vii)driving any heavy truck, medium truck, motorbus and medium bus on any
bicycle lane or sidewalk.
Where any vehicle driver has commit conducts as mentioned in the Item (v), (vi) and
(vii) of the previous paragraph for more than 3 times within 1 year, a fine of
RMB1,000 shall be imposed since the third time.
Article 74 In case of driving vehicles with expired driving licenses, a fine of
RMB500 shall be imposed on the motorcycle drivers while a fine of RMB1,000 shall
be imposed on the driver of other vehicles.
Article 75 In any of the following circumstances, the vehicle of the party concerned
may be detained and a fine may be imposed concurrently. Where the party concerned
fails to pay the fine or accept the punishment within 30 days, the vehicle concerned
shall be confiscated:
(i) in case of driving any rickshaw or booster bicycle on the road, a fine of
RMB500 shall be imposed;
(ii) in case of driving any mini passenger service vehicle, mini truck, low-speed
truck, three-wheeled vehicle, motorcycle without plate, motorcycle with
plate issued outside the Special Economic Zone, electric bicycle or other
rickshaw or bicycle with power-driven devices on the road, a fine of
RMB2,000 shall be imposed; and
(iii) in case of driving any motorcycle registered within the administrative
regions of Jinwan District or the Doumen District on the road of Xiangzhou
District, a fine of RMB2,000 shall be imposed.
Article 76 Where any motor bus, medium bus or school bus carries passengers
beyond the authorized sitting capacity, the vehicle may be detained till the violation is
eliminated and a fine shall be imposed on the vehicle driver or the unit using the
school bus as follows:
(i) where the overloading rate of passenger is lower than 30%, a fine of
RMB500 shall be imposed;
(ii) where the overloading rate of passenger is no less than 30% and no more
than 50%, a fine of RMB1,000 shall be imposed and the driving license may
also be suspended for 1 month;
(iii) where the overloading rate of passenger is no less than 50% and no more
than 100%, a fine of 2,000 yuan shall be imposed and the driving license
may also be suspended for 2 months; and
(iv) where the overloading rate of passenger is higher than 100%, a fine of
RMB3,000 shall be imposed and the driving license may also be suspended
for 3 months.
Article 77 Where any heavy and medium truck carrsy freight beyond the authorized
load mass, the vehicle shall be detained till the violation is eliminated and a fine shall
be imposed as follows:
(i) where the overloading rate of weight is lower than 50%, a fine of RMB500
shall be imposed;
(ii) where the overloading rate of weight is no less than 50% and no more than
100%, a fine of RMB2,000 shall be imposed and the driving license may
also be suspended for 1 month; and
(iii) where the overloading rate of weight is higher than 100%, a fine of RMB
5,000 shall be imposed and the driving license may also be suspended for 3
months.
Where the truck carrying hazardous articles commits any conduct as mentioned in the
preceding paragraph, a fine in an amount twice of the aforesaid fine shall be imposed.
Article 78 In case of picking up or dropping off passengers on any urban expressway
or highway in violation of relevant provisions, a fine of RMB1,000 shall be imposed
on the driver concerned and the driving license thereof may also be suspended for 3
months.
Article 79 In case of driving a vehicle exceeding the prescribed speed per hour by a
ratio of no less than 50% and no more than 100%, a fine of RMB1,000 shall be
imposed on the driver concerned and the driving license thereof may also be canceled.
In case of driving a vehicle exceeding the prescribed speed per hour by 100%, a fine
of RMB3,000 shall be imposed and the driving license thereof shall be canceled.
Article 80 Where any driver refuses to accept inspection or avoids inspection by
driving away or by abandoning the vehicle concerned in case of inspection by traffic
officers, a fine of no less than RMB1,000 and no more than RMB2,000 shall be
imposed on the driver concerned and the vehicle involved shall be detained till the
violation is eliminated.
Article 81 Where any driver driving a vehicle carrying garbage, gravel and dirt fails
to take effective measures to prevent such from scattering, flying or leaking, the driver
shall be imposed with a fine of no less than RMB1,000 and no more than RMB3,000
and shall be ordered to clear up the garbage, gravel and dirt, and the driving license
thereof may also be suspended till the fulfillment of the punishment.
Article 82 where the noise pollution or exhaust emission of vehicle exceeds the
prescribed emission standards, a fine of RMB2,000 shall be imposed on the driver
concerned and the driving license thereof may also be suspended till the vehicle is
repaired and qualified.
Article 83 Where any unit using school buses fails to apply to the traffic
administration department of the public security organ for the school bus markers, a
fine of RMB5,000 shall be imposed and the driving license of the driver concerned
may also be suspended for 6 months.
In case of lease, borrowing, sale and forgery of any special marker and sign for school
bus, the marker and sign concerned shall be confiscated. Where there exist illegal
gains, such gains shall be confiscated and a fine of RMB5,000 shall be imposed on
the violator thereof.
In case of driving a school bus on the road without school bus marker, a fine of
RMB2,000 shall be imposed on the unit using school bus and the driving license of
the driver concerned shall be suspended for 1 month.
Article 84 In any of the following circumstances, the party concerned shall be
imposed a fine of RMB3,000:
(i) where the seller fails to post up the announcement about the prohibition and
restriction on motorcycles and electric bicycles printed by the traffic
administration department of the public security organ in the conspicuous
position of the sales place;
(ii) where the driver drives a vehicle without plate;
(iii) where the driving license or plate is falsely claimed, or
(iv) where the driver implements chase race driving on the road.
Where the party concerned carries out any of the acts prescribed in the Item (iii) of the
preceding paragraph, the license thereof shall be confiscated. In case of the act
prescribed in Item (iv) of the preceding paragraph, the traffic administration
department of the public security organ shall detain the vehicle till the violation is
eliminated and may suspend the driving license concerned for 2 months.
Article 85 In any of the following circumstances, the vehicle driver concerned shall
be imposed a fine of RMB5,000:
(i) where the vehicle driver fails to hang plate as required, covers vehicle plate
or obstructs traffic supervision by other means while driving vehicle; or
(ii) where the vehicle driver escapes upon the occurrence of any traffic accident,
commits no crime and only causes property losses.
Where the vehicle driver carries out the act prescribed in the Item (i) of the preceding
paragraph, the traffic administration department of the public security organ shall
detain the vehicle concerned till the violation is eliminated and may also suspend the
driving license of the driver; in case of the act prescribed in Item (ii) thereof, the
department may also suspend the driving license of the driver for 6 months.
Article 86 Anyone arbitrarily establishing any operational parking lot or setting up
any parking berth on the road shall be ordered by the traffic administration
department of the public security organ to make corresponding corrections. Where
there exist illegal gains, such gains shall be confiscated, and a fine of RMB5,000 shall
be imposed on individual while a fine of RMB20,000 shall be imposed on unit.
Article 87 In any of the following circumstances, the vehicle concerned shall be
detained, and the party concerned shall be ordered to eliminate violation and be
imposed with a fine:
(i) in case of driving a vehicle with arbitrary change of technical parameters
including the light settings and appearance of vehicle, the illegal devices
shall be confiscated and a fine of no less than RMB500 and no more than
RMB2,000 shall be imposed on the owner thereof; with respect to any unit
implementing the aforesaid arbitrary change, the illegal gains thereof shall
be confiscated and a fine of no less than RMB2,000 and no more than
RMB5,000 shall be imposed; or
(ii) in case of driving a vehicle with arbitrary change of the power unit, engine
number and identification number of vehicle, a fine of no less than
RMB1,000 and no more than RMB3,000 shall be imposed on the owner
thereof; with respect to any unit individual implementing the aforesaid
arbitrary change, the illegal gains thereof shall be confiscated and a fine of
no less than RMB5,000 and no more than RMB10,000 shall be imposed.
Article 88 In case of intentionally destroying or forging the scene, destroying
evidence, providing false testimony and lying about the case upon the occurrence of
traffic accident, a fine of no less than RMB2,000 and no more than RMB5,000 shall
be imposed on the violator and the driving license may also be suspended for 6
months.
Article 89 In case of escaping upon the occurrence of traffic accident, committing no
crime but causing personal injuries, a fine of RMB10,000 shall be imposed on the
violator and the driving license may also be suspended for 12 months.
Article 90 In case of making other person falsely claim the driving behavior upon the
occurrence of any traffic accident and committing no crime, a fine of no less than
RMB10,000 and no more than RMB20,000 shall be imposed on the vehicle driver and
the impostor respectively and the driving license may also be canceled.
Article 91 In case of arbitrarily opening any intersection on the constructed urban
road, the traffic administration department of the public security organ shall order the
party concerned to make corresponding recovery within a limited time and a fine of
no less than RMB10,000 and no more than RMB30,000 shall be imposed in the case
of overdue recovery.
Article 92 In case of forging, altering or using forged or altered any vehicle
registration certificate, plate, driving license, conformity inspection mark or using the
plate, driving license or conformity inspection mark of other vehicle, the traffic
administration department of the public security organ shall detain the vehicle,
confiscate the forged or altered plate and certificate and impose a fine of RMB30,000
on the violator.
Article 93 In case of forging, altering or using forged or altered any vehicle plate or
using the plate of other vehicle, the traffic administration department of the public
security organ shall detain the vehicle, confiscate the forged or altered plate and
certificate and impose a fine of RMB50,000 on the violator
Article 94 The vehicle driver may, if meeting all of the following conditions, apply
for the waiver of fine for road traffic safety violation for 1 time. The traffic
administration department of the public security organ shall, upon verification, give
out a warning to the driver concerned and make no punishment of fine:
(i) where the violation has caused no traffic accident;
(ii) where the vehicle has no record of road traffic safety violation within 24
months before the day when the violation occurs; and
(iii) where the violation has only been imposed a fine and the amount thereof is
no more than RMB500.
Article 95 The traffic administration department of the public security organ shall
implement the cumulative scoring system with a scoring cycle of 12 months in respect
of road traffic safety violations.
The traffic administration department of the public security organ shall impose
punishment on the violator and record the points in accordance with data recorded by
the traffic technical supervision equipment. Where the owner of vehicle fails to
provide the name and driving license of the driving committing violation to the road
traffic safety law, the department shall impose punishment on the owner of the vehicle
and record the points.
Article 96 Where the cumulative points of road traffic safety violations committed by
the vehicle driver in a scoring cycle have reached 12 points, the traffic administration
department of the public security organ shall suspend the driving license thereof,
educate the vehicle driver about laws and regulations and relevant knowledge of road
traffic safety and return the driving license after the vehicle driver has passed the
examination.
Where the vehicle driver has been scored 12 points for one time in a scoring cycle or
the cumulative points in a scoring cycle have reached 30 points, the traffic
administration department of the public security organ shall suspend the driving
license thereof and the vehicle driver shall receive new training of driving skills and
get back the driving license after passing the examination.
Article 97 Where the cumulative points of road traffic safety violations in a scoring
cycle have not reached 12 points, the vehicle driver may, upon dealing with the road
traffic safety violations, apply for the learning of laws and regulations and relevant
knowledge of road traffic safety on the website or designated places organized by the
traffic administration department of the public security organ for no less than 6 hours.
Upon passing the examination, the points may be deduced by 3 points each time and
the deduction of points in a scoring cycle shall not exceed 6 points.
Chapter IX Supplementary Provisions
Article 98 For the purpose of these Regulations, the road means the highway, urban
road and place under the control of units but available for the passage of social
vehicles, including places for public passage such as squares and public parking lots.
For the purpose of these Regulations, the vehicle means any wheeled vehicle driven
or pulled by the power unit and used for carrying passengers or delivering good or
implementing special engineering assignments on the road.
For the purpose of these Regulations, the mini passenger service vehicle means the
passenger service vehicle with a length of no more than 3,500 mm and an engine
displacement of no more than 1,000 ml.
For the purpose of these Regulations, the mini truck means the truck with a length of
no more than 3,500 mm and a gross weight of no more than 1,800 kg.
For the purpose of these Regulations, the low-speed truck means the four-wheel diesel
powered truck with the max design speed of no more than 70 km/h, a gross weight of
no more than 4,500 kg, a length of no more than 6,000 mm, a width of no more than
2,000 mm and a height of 2,500 mm.
For the purpose of these Regulations, the three-wheeled vehicle means the four-
wheeled diesel powered truck with the max design speed of no more than 50 km/h, a
gross weight of no more than 2,000 kg, a length of no more than 4,600 mm, width of
no more than 1,600 mm and height of 2,000 mm. With respect to the three-wheeled
vehicle using the steering wheel to control direction and the propeller shaft to transfer
power with a cab and space for storage behind the seat of the driver, the gross weight
thereof shall be no more than 3,000 kg, the length no more than 5,200 mm, the width
no more than 1,800 mm and the height no more than 2,200 mm.
For the purpose of these Regulations, the motorcycle means the two-wheeled or three-
wheeled road vehicle driven by power unit, but not including: the three-wheeled
vehicle without a cab and with a gross weight of more than 400 kg; the three-wheeled
vehicle with a cab and a gross weight of more than 600 kg; the special motor
wheelchair for the disabled with indexes including the max design speed, gross
weight and overall dimensions meeting relevant national standards and provisions;
and two-wheeled power-driven vehicle with the max design speed of no more than 20
km/h, the function of man-power cycling and indexes including the gross weight,
overall dimensions and motor rated power meeting relevant national standards and
provisions.
For the purpose of these Regulations, the electric bicycle means the special two-
wheeled bicycle using storage battery as ancillary energy with the max design speed
of no more than 20 km/h, a gross weight of no more than 40 kg and man-power
cycling function, electric function and electric power function.
For the purpose of these Regulations, the booster bicycle means the special two-
wheeled bicycle with driving device like gasoline engine and can realize both the
cycling and motor functions.
Article 99 The “no less than” and “no more than” as referred in these Regulations
shall include the number itself.
Article 100 In accordance with the provisions of these Regulations, the municipal
people’s government shall be responsible for the formulation of specific measures for
the approval and issuance of motorcycle number plates in Jinwan District and
Doumen District. The municipal people’s government shall carry out the aforesaid
formulation within 18 months as of the date of enactment of these Regulations.
Article 101 These Regulations shall come into effect as of October 1, 2011.
