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: ℃removal of the hidden troubles, and the local people's government shall make a timely decision on how to deal with them.
Article 30 where roads are so damaged as to cave in, become bumpy or ruined by water, or bulge out, or where such traffic facilities as traffic signal lights, traffic signs and traffic line markings are damaged or disappeared, the maintenance or control department for road and traffic facilities shall put up warning, signs and make repairs without delay.
When the traffic control department of the public security organ finds the situations as mentioned in the preceding paragraph, which endanger traffic safety and for which no warning signs are put up, it shall take safety measures in good time, regulate the flow of traffic, and inform the maintenance or administration department for road and traffic facilities of the matter.
Article 31 No units or individuals shall, without permission, occupy roads to engage in non-traffic activities.
Article 32 where it is necessary to occupy or dig a road for construction of projects or to bury or add pipeline facilities across a road, or above or beneath a road, permission by the department in charge of roads shall be obtained in advance; and where traffic safety may be adversely affected, permission by the traffic control department of the public security organ shall, in addition, be obtained.
The construction unit shall carry out construction in the approved sections of a road and within the approved of time, and set up conspicuous safety warning signs at place with the safe distance from the construction site, in the direction of which vehicles are coming, and take protective measures. When construction is completed, it shall immediately remove all the obstacles from the road and eliminate the hidden troubles endangering safety, and only after the road is checked and accepted as up to traffic requirements by the department in charge of roads and the traffic control department of the public security organ, the road may be open to traffic anew.
With respect to a road where traffic is not held up for construction, the traffic control department of the public security organ shall exercise strict supervision over and maintain road traffic order.
Article 33 In places where public buildings commercial districts, residential districts, and large (or medium-sized )buildings are constructed, rebuilt or expanded, parking lots shall be constructed or increased to go with them, where parking berths are not enough, the parking lots shall be rebuilt or expanded in a timely manner; and once the parking lots are put into use, their use shall not be discontinued and they shall not be used for other purposes without authorization.
Within the scope of urban streets and on condition that passage of the pedestrians and vehicles are not impeded, the relevant government departments may delimit parking berths.
article 34 where there are no pedestrian crossings in front of schools, kindergartens, hospitals and hones the aged, crosswalks shall be marked and standby signs shall be set up.
Blind tracks shall according to plan be paved on the sidewalks along the main streets in cities, such tracks shall be paved in conformity with state standards.
Chapter IV
Provisions on Road passage
Section 1
General provisions
Article 35 Motor vehicles and non-motor vehicles shall keep to the right of the road.
Article 36 where in light of the road conditions and the need of traffic flow, roads are divided into motor vehicles non-motor vehicles lane and pedestrian sidewalk, the motor vehicles, non-motor vehicles and pedestrians shall take the lanes and sidewalks respectively. Where roads are not divided into such lanes and sidewalks, motor vehicles shall run in the middle of roads, while non-motor vehicles and pedestrians shall go on the sides of roads.
Article 37 where a special vehicle lane is marked, only specified vehicles are permitted to use the lane and no other vehicles shall run along such lane.
Article 38 Vehicles and pedestrians shall go by traffic lights; where traffic policemen direct traffic on the spot they shall go by the direction of traffic policemen; and where there are no traffic signals, they shall follow principles of ensured safety and unimpeded traffic.
Article 39 In light of the specific road conditions and the volume of traffic flow, the traffic control department of the public security organ may take such measures as regulating, restricting and prohibiting the flow of traffic with regard to motor vehicles, non-motor vehicles and pedestrians. Under conditions of large-scale mass activities or construction on a wide scale, for which restrictive traffic measures need to be taken, or decisions directly relating to the road traffic activities of the public need to be made, the matter shall be made known to the public in advance.
Article 40 In case of natural calamities disastrous meteorological conditions, major traffic accidents, or other conditions that have serious effect on traffic safety, the traffic control department of the public security organ may exercise traffic control, when it is difficult to guarantee traffic safety by taking other measures.
Article 41 Other specific regulations on road passage shall be formulated by the state council.
Section 2
Provisions on the passage of Motor vehicles
Article 42 when driving a motor vehicle on roads, the driver shall not exceed the maximum speed per hour shown by the speed limit sign. He shall keep the safety speed along the sections of roads without speed limit signs.
When driving at night or along the sections of roads that are exposed to dangers, or under such meteorological conditions as sandstorm, hailstorm, rain, snow fog and freeze the driver shall reduce the speed.
Article 43 when motor vehicles run in the same lane, the vehicle behind shall keep a safe distance from the vehicle in front, enough for putting on the emergency brake. A vehicle shall not overtake another one under any of the following situations:
(1)when the vehicle in front in front is making a left turn or a U turn or overtaking another vehicle;
(2)when there is the possibility of crossing another vehicle coming from the opposite direction;
(3)when the vehicle in front is a police van, fire engine, ambulance or engineering rescue vehicle on its way to carry out an emergency task; and
(4)at a railroad crossing road crossing, marrow bridge, curve steep slope, in a tunnel, at a pedestrian crosswalk and a section of an urban road with large volume of traffic flow, etc., where conditions for overtaking are lacking.
article 44 when passing a road crossing, motor vehicle drivers shall follow the traffic signal lights, traffic signs and traffic line markings, or the direction of traffic police; and when passing a road crossing where there are no traffic signal lights, traffic signs, traffic line markings or direction of traffic police, they shall slow down and let pedestrians and the vehicles enjoying priority pass first.
article 45 when confronted with a situation in which the motor vehicles in front are standing or running slowly in a queue, the driver shall not overtake them by using another lane or the lane for the vehicles coming from the opposite direction, or cut in the queue.
when confronted with a situation in which motor vehicles are standing or running slowly in a queue at the section or junction of a road where the lanes are decreased, or at a road crossing where there are no traffic signal lights, traffic signs or traffic lime markings or direction of traffic police, the motor vehicles shall take turns to pass in order.
Article 46 When passing a rail
road crossing, the driver shall follow the traffic signals or the direction of the person in charge; and where there are no traffic signals or no person in charge, he shall slow down or stop the vehicle, and pass when he is certain of safety.
Article 47 when passing a pedestrian crosswalk, the driver shall reduce speed; and when pedestrians are passing the crosswalk, the driver shall stop to give way to the pedestrians.
When pedestrians are crossing a road where there are no traffic signals, the driver shall make way.
Article 48 the loaded cargo of a motor vehicle shall be in conformity with the verified loading capacity, and overload is strictly prohibited; the dimensions of the length, width and height of the loaded cargo shall not be at variance with the requirements of loading, and nothing loaded shall be littered on the way.
Where a motor vehicle carries an indivisable oversize or overload cargo, to the detriment of traffic safety, it shall be driven at a time, along the route and at the speed designated by the traffic control department of the public security organ and hung with conspicuous signs. To the indivisable oversize or overload cargo carried on highways, the provisions of the highway Law shall be applicable.
Where a motor vehicle carries such dangerous cargoes as explosives inflammable and explosive chemicals and highly toxic and radiation cargoes, it shall, with the approval of the publi
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