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Law of the peoples Republic of china on road Traffic safety 中华人民共和国道路交通安全法

2009-03-24 法律英语 来源:互联网 作者:
ry system for scrapping motor vehicles, under which different criteria for scrapping the vehicles shall be established on the basis of the safety and technical conditions and the different purposes of use of the motor vehicles.

  Registration of the motor vehicles shall be cancelled as soon as they are scrapped.

  Motor vehicles that reach the criteria for scrapping shall not run on roads, the large passenger cars, trucks and other commercial vehicles that are scrapped shall be disintegrated under the supervision of the traffic control departments of the public security organs.

  Article 15 Different signs for police vans, fire engines, ambulances and engineering rescue vehicles shall, in accordance with relevant regulations, be sprayed or painted on them, and these vehicles shall be installed with alarm sirens and signal lights. No signs specially for the vehicles mentioned above or anything similar to such signs shall be sprayed or painted on other motor vehicles, and no alarm sirens or signal lights specially for the said vehicles or anything similar to such sirens or lights shall be installed on them or used.

  Police vans fire engines, ambulances and engineering rescue vehicles shall be used strictly in accordance with their specified purposes of use and conditions.

  The vehicles specially used for highway supervision and inspection shall be equipped with unified signs and warning lights in accordance with the provisions of the Highway law.

  Article 16 No units or individuals shall the following:

  (1)assembling motor vehicles or altering the registered composition, structure or features of motor vehicles without authorization;

  (2)changing the models of motor vehicles, their engine number, chassis number or the identification code of the vehicles;

  (3)falsifying or counterfeiting or using falsified or counterfeited certificates of registration, number plates, licenses stickers of the inspection certificates or insurance labels of motor vehicles; or

  (4)using the certificates of registration, number plates, licenses stickers of the inspection certificates or insurance labels of other

motor vehicles.

  Article 17 The state practises the system of the compulsory third party liability insurance for motor vehicles and establishes the social relief fund for road traffic accidents. Specific measures in this regard shall be formulated by the state council.

  Article 18 Non-motor vehicles required for registration according to law shall run on roads only after they are registered with the traffic control departments of the public security organs.

  The types of non-motor vehicles required for registration according to law shall be specified by the people's governments of provinces, autonomous regions and municipalities directly under the central government in light of the actual local conditions.

  The external size, quality brake, handle -bar bell and night reflectors of a non-motor vehicle shall be in conformity with the safety and technical standards for non-motor vehicles.

  Section 2

  Drivers of Motor vehicles

  Article 19 To drive a motor vehicle one shall obtain a motor vehicle driver's license according to law.

  An applicant for motor vehicle driver's license shall meet the requirements for driver's license specified by the department for public security under the state council; and after passing the examination, the applicant shall be issued by the traffic control department of the public security organ the driver's license commensurate with the type of the motor vehicle.

  A person holding a motor vehicle driver's license of another county who meets the requirements for driver's license specified by the department for public security the state council and passes the examination by the traffic control department of the public security organ shall be issued a Chinese motor vehicle driver's license.

  The driver shall drive the approved type of motor vehicle clearly stated in the driver's license; and when driving a motor vehicle, he shall keep the drive's license handy.

  No units or individuals, except the traffic control departments of the public security organs, shall confiscate or suspend motor vehicle driver's licenses.

  Article 20 training of motor vehicle drivers shall be socialized. The competent traffic control department shall exercise control of the qualifications of the drivers training schools and classes, among which the qualifications of the ones specially for training tractor drivers shall be under the control of the department of agriculture(agricultural machinery)。

  Drivers training schools and classes shall, strictly in accordance with the relevant regulations of the state, provide their trainees with the training in laws and regulations on road traffic safety and in driving skills, and ensure the quality of training.

  No state organs or departments in charge of training or examination of drivers shall sponsor or participate in sponsoring drivers training schools or classes.

  Article 21 Before driving a motor vehicle on roads, the driver shall carefully check the safety and technical performance of the motor vehicle; and he shall not drive a motor vehicle with hidden troubles endangering safety, e. G., the safety facilities are incomplete or the parts are not in conformity with the safety and technical standards.

  Article 22 A motor vehicle driver shall observe the provisions of the laws and regulations on road traffic safety and, in accordance with the operating instructions, drive the vehicle safely and civilly.

  A person who drinks alcohol, or takes psychotropic substances or narcotic drugs which are under state control, or suffers from diseases that prevent him from driving a motor vehicle safely, or cannot drive safety due to over-fatigue shall not drive a motor vehicle.

  Not one shall force or instigate a driver to drive a motor vehicle in violation of the laws and regulations on road traffic safety or of the requirements for safe

driving of motor vehicles, or connive at such violations.

  Article 23 Traffic control departments of the public security organs shall, in accordance with the provisions of laws and administrative regulations regularly examine and check motor vehicle driver's licenses.

  Article 24 with respect to the violations of the laws and regulations on road traffic safety committed by motor vehicle drivers, traffic control departments of the public security organs shall practise the system of cumulative recording of points, in addition to imposition of administrative punishment on the said drivers according to law. The traffic control department of the public security organ shall suspend the motor vehicle driver's license of the driver whose accumulated number of the points recorded reaches the specified total, give him instructions in the laws and regulations on road traffic safety and have him take an examination again; and if the driver passes the examination, the driver's license shall be returned to him.

  With respect to the motor vehicle drivers who observe the laws and regulations on road traffic safety and have no cumulative points recorded for the year, the specified time for examining and checking their driver's licenses may be extended. The specific measures in this regard shall be formulated by the department for public security under the state council.

  Chapter III

  Conditions for Road passage

  Article 25 Uniform road traffic signals shall be used throughout the country.

  Traffic signals include the traffic signal lights, traffic signs, traffic line markings and direction by the traffic police.

  Traffic signal lights and traffic signs shall be installed and traffic lines marked in conformity with the requirements for road traffic safety and unimpeded passage and with state standards, and they shall be kept clear, conspicuous accurate and in good condition.

  In light for the need of passage, road traffic signals shall be added, replaced or renewed in a timely manner. Where restrictive road traffic signals are to be added, replaced or renewed, the matter shall be made known to the public in advance and wide publicity shall be made.

  Article 26 traffic signals are composed of red, green and yellow lights. The red light stands for no through traffic; the green light stands for passage permitted and; the yellow light stands for warning.

  Article 27 warning lights, warning signs or protective safety facilities shall be put up at the level crossing of railroads and roads. Where there are no guards for a railroad crossing, signs shall be put up at a certain distance from the crossing.

  Article 28 No units or individuals shall, without authorization, put up, remove, occupy or damage traffic signal lights, traffic signs and traffic line markings.

  A necessary distance shall be kept between the trees and other plants planted or the billboards, pipelines, etc. Installed, on both sides of the roads and along isolation belts, on the one hand ,and the traffic facilities, on the other, so that they do not shield road lamps, traffic signal lights and traffic signs, or obstruct the safe range of visibility, or impede the flow of traffic.

  Article 29 Roads, parking lots and road supporting facilities shall be planned, designed and constructed in conformity with the requirements of road traffic safety and unimpeded flow of traffic, and shall be readjusted in a timely manner to meet traffic needs.

  When the traffic control department of the public security organ d

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