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

re traffic as soon as possible.

　　Traffic police shall conduct inspection and examination of the scene of the traffic accident and collect evidence； and the traffic police may distrain the vehicle involved in the accident for the need of collection of evidence， but shall take good care of the vehicle for examination.

　　with respect to the more professional check of the parties physiological and mental conditions， the traffic control department of the public security organ shall entrust a special institution to make an appraisal. The conclusion of the appraisal shall be signed by signed by the appraiser.

　　Article 73 the traffic contro

l department of the public security organ shall， on the basis of the inspection， examination and investigation conducted on the scene of the traffic accident as well as the relevant conclusions of the check and appraisal， produce a written confirmation of the traffic accident without delay， which shall serve as a testimony for disposition of the traffic accident. In the written confirmation of the traffic accident shall clearly be stated the basic facts and causes of the accident as well as the liability of the parties， and the written confirmation shall be served to the parties.

　　Article 74 with respect to the dispute that arises over the compensation for damages caused by a traffic accident， the parties may request the traffic control department of the public security organ for mediation， or directly bring a civil suit in a people's court.

　　Where after mediation by the traffic control department of the public security organ， the parties fail to reach agreement or do not act in accordance with the mediation document after it becomes effective， they may bring civil suit in a people' court，

　　Article 75 Medical institutions shall， without delay， rescue the persons injured in traffic accidents， and they shall not delay the rescue and treatment due to the fact that the fees for the rescue are not paid in time， where the compulsory third party liability insurance is brought for vehicles causing accidents， the insurance company shall pay the rescue expenses within the liability limit； and where the rescue expenses exceed the liability limit， and where such insurance is not the vehicle escape after the occurrence of accidents the social fund for road traffic accidents may pay part or total of the rescue expenses in advance， and the administrative body of the social aid fund for road traffic accidents shall have the right to recover the rescue expenses already paid from the persons liable for the traffic accidents.

　　Article 76 where motor vehicles are involved in a traffic accident which causes casualties and property losses， the insurance company shall make compensation within the limit of the compulsory third party liability insurance for motor vehicles. Compensation for the part that exceeds the liability limit shall be paid in the following ways：

　　（1）where a traffic accident occurs between two motor vehicle， the party in fault shall bear liability； and where both parties are in fault， the liability shall be shared on the basis of the proportion of each party's fault； and

　　（2）where a traffic accident occurs between the driver of a motor vehicle and the driver of a non-motor vehicle or a pedestrian， the driver of the motor vehicle shall bear the liability； but if there is evidence which proves that the driver of the non-motor vehicle or the pedestrian violates the laws and regulations on road traffic safety and the driver of the motor vehicle has taken the necessary measures to cope with the situation， the liability to be borne by the by the motor vehicle driver shall be lightened.

　　Where the losses in a traffic accident are caused intentionally by the driver of a non-motor vehicle or a pedestrian， the driver of the motor vehicle shall not bear liability.

　　Article 77 with respect to an accident that occurs when a vehicle runs outside the roads， the traffic control department of the public security organ shall， upon receiving the report on the accident， handle the case by referring to the relevant provisions of this law.

　　Chapter VI

　　Supervision of Law Enforcement

　　Article 78 the traffic control department of the public security organ shall strengthen administration of the traffic police and help enhance their qualifications and raise their level of road traffic administration.

　　The traffic control department of the public security organ shall， among the traffic police conduct professional training and appraisal in respect of t

he legal system and traffic safety administration. Where a traffic policeman fails to pass the appraisal， he shall not take the post to perform his cuties.

　　Article 79 when the traffic control department of the public security organ and the traffic police exercise control of road traffic safety， they shall， in compliance with their statutory functions and duties and the statutory procedure， simplify official formalities and do their work in an impartial， strict， civil and efficient manner.

　　Article 80 when performing their functions and duties， the traffic police shall， in accordance with relevant regulations， wear their uniforms and the badges of the people's police， hold their papers of the people's police， keep up the bearing of the police， carry themselves with dignity and direct traffic in conformity standards.

　　Article 81 fees for the cost of the plates and certificates issued in accordance with this Law shall be collected strictly in accordance with the rates by the department for pricing under the state council， and shall be turned over to the state treasury in full.

　　Article 82 when the traffic control department of the public security organ imposes fines as an administrative punishment， it shall， in accordance with the provisions of relevant laws and administrative regulations， separate the decision on fines from the collection of fines； and the fines collected and unlawful gains confiscated according to law shall be turned over to the state treasury in full.

　　Article 83 when a traffic policeman investigates and handles violations of the law on road traffic safety or traffic accidents， he shall withdraw in any of the following circumstances；

　　（1）if he is a party to the case or close relative of the party；

　　（2）if he or his close relative has an interest in the case； and

　　（3）if he has other relations with the party to the case， which may affect the impartial disposition of the case.

　　Article 84 administrative law enforcement conducted by the traffic control department of the public security organ and the traffic police shall be subject to supervision exercised by the administrative supervisory authority according to law.

　　The supervisory department of the public security organ shall， in accordance with law， supervise the enforcement of laws and regulations and the observance of discipline by the traffic control department of the public security organ and the traffic police.

　　The traffic control department of the public security organ at a higher level shall supervise the law enforcement by the traffic control department of the public security organ at a lower level.

　　Article 85 when performing their duties， the traffic control department of the public security organ and the traffic police shall consciously accept supervision by the community and citizens.

　　All units and individuals shall have the right to report or complain against the traffic control department of the traffic control department of the public security organ and the traffic police for their failure to enforce laws strictly or their violations of laws or rules of discipline. The authority that receives such report or complaint shall， in compliance with its duties， conduct investigation and impose punishment delay.

　　Article 86 no unit shall impose， or impose in disguised form， any penalty quota to the traffic control department of the public security organ， and the traffic control department of the public security organ shall not make the amount of fines imposed as the criterion for appraisal of the performance of traffic police.

　　The traffic control department of the public security organ and the traffic police shall have the right to refuse to carry out the instructions that transcend the provisions of laws and regulations， and report the matter to the authority at a hither level at the same time.

　　Chapter VII

　　Legal Responsibility

　　Article 87 the traffic control department of the public security organ and the traffic police shall， without delay， have the violations of the law on road traffic safety rectified.

　　The traffic control department of the public security organ and the traffic police shall， on the basis of facts and in accordance with the relevant provisions of this law， impose punishment on violations of the law on road traffic safety. where the circumstances are minor as not to impede road passage they shall point out the violations and let the violators go after giving an oral warning.

　　Article 88 punishments for violations of the law on road traffic safety include： disciplinary warning fine， temporary suspension or revocation of motor vehicle driver's license， and detention.

　　Article 89 where a pedestrian， rider or driver of a non-motor vehicle violates the provisions governing road passage in laws and regulations on road traffic safety， he shall be given a disciplinary warning or be fined not less than RMB 5 yuan but not more than 50 yuan； and if the driver of non-motor vehicle refuses to accept the pun

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