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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:
ishment of a fine, his non-motor vehicle may be distrained.

  Article 90 where the driver of a motor vehicle violates the provisions road passage in laws and regulations on road traffic safety he shall be given a disciplinary earning or fined not less that 20 yuan but not more than 200 yuan. Where there are other provisions in this law, the punishment shall be meted out in accordance with those provisions.

  Article 91 where a driver drives a motor vehicle after drinking alcohol, his driver's license shall be temporarily suspended for not less than one month but more than three months and he shall, in addition, be fined not less than 200 yuan but not than 500 yuan; and where a driver drives a motor vehicle after being drunk, he shall be restrained by the traffic control department of the public security organ until he is awake from drunkenness, and he shall be placed in detention for not more than 15 days, his driver's license temporarily suspended for not less than three months but not more than sox months, and he shall, in addition, be fined not less than 500 yuan but not more than 2,000 yuan.

  Where a driver after drinking alcohol drives a commercial motor vehicle, his motor vehicle driver's license shall be temporarily suspended for three months and he shall, in addition, be fined 500 yuan; and where a driver drives such a vehicle while intoxicated, he shall be restrained by the traffic control department of the public security organ until he is awake from drunkenness, he shall be placed in detention for not more than 15 days and his motor vehicle driver's license shall be temporarily suspended for six months and he shall, in addition, be fined 2,000 yuan.

  Where a driver commits the acts of driving a motor vehicle while intoxicated, as provided for in the preceding two paragraphs, within one year and was punished twice and more, his motor vehicle driver's license shall be revoked and he shall not be allowed to drive a commercial motor vehicle within five years.

  Article 92 where a highway passenger car carries passengers in excess of the specified number, a fine of not less than 200 yuan but not more than 500 yuan shall be imposed; and where the where the specified number was exceeded by 20 per cent or it carries cargo in violation of relevant regulations, a fine of not less than 500 yuan but not more than 2,000 yuan shall be imposed.

  Where a cargo motor vehicle carries cargo in excess of the verified loading capacity, a fine of not less than 200 yuan but not more than 500 yuan shall be imposed; and where the verified loading capacity is exceeded by 30 per cent or the vehicle carries passengers in violation of relevant regulations a fine of not less than 500 yuan but not more than 2,000 yuan shall be imposed.

  W

here the driver of a motor vehicle commits any of the acts mentioned in the preceding two paragraphs, the traffic control department of the public security organ shall distrain the motor vehicle until the violation is rectified.

  If the driver of a vehicle of a transport institution violates the provisions in the first and second paragraph of this article and fails to rectify after being punished, the person directly in charge shall be fined not less than 2,000 yuan but not more than 5,000 yuan.

  Article 93 where a driver violates the provisions governing the parking and temporary parking of motor vehicles, as stipulated in laws or regulations on read traffic safety, the violation may be pointed out, and the driver shall be given an oral warning and instructed to leave the place immediately.

  Where the motor vehicle driver is not on the spot or, although on the spot, he refuses to drive away immediately, thus impeding the passage of other vehicles and pedestrians, he shall be fred not less than 20 yuan but not more than 200 yuan, and the vehicle may be towed to a place where it does not impede traffic or to a place designated by the traffic control department of the public security organ. The said department shall charge the party no fees for towing the vehicle and shall, without delay, inform the party of the place where the vehicle parks.

  Where a motor vehicle is damaged due to an improper way of vowing, the liability for compensation shall be borne according to law.

  Article 94 where the authority for safety and technical inspection of motor vehicles collects fees for such inspection in excess of the rates fixed by the department for pricing under the state council, it shall return the part overcharged and shall be penalized by the department for pricing in accordance with the relevant provisions of the pricing law of the people's Republic of china.

  Where the authority for safety and technical inspection of motor vehicles fails to inspect motor vehicles in accordance with the safety and technical standards or the state for motor vehicles and produces false inspection results, the traffic control department of the public security organ shall impose on it a fine of not less than five times but not more than ten times the amount of the fees it collected for inspection and shall, in accordance with law, disqualify it for inspection. If a crime is constituted, it shall be investigated for criminal responsibility according to law.

  Article 95 where a motor vehicle running on roads not hung with its number plate stuck on with the inspection certificate or the insurance label, or the driver fails to bring along with him the motor vehicle license and the driver's license the traffic control department of the public security organ shall distrain the motor vehicle and inform the party of the need to provide the necessary plate, certificate, sticker and label or to go through the formalities to obtain them, and it may impose a punishment in accordance with the provisions of article 90 of this law. When the party provides the plate certificate sticker and label or has gone through the formalities mentioned, the motor the vehicle shall be returned without delay.

  Where the number plate of a motor vehicle is purposely covered, stated or damaged or is not installed as required by regulations, a punishment shall be imposed in accordance with the provisions of article 90 of this law.

  Article 96 where the certificate of registration, the number plate, the motor vehicle license, the sticker of inspection certificate or the insurance label of a motor vehicle or the driver's license is falsified or counterfeited, or the ones falsified or counterfeited are used, or the certificate of registration, the number plate, the motor vehicle license, the sticker of inspection certificate or the insurance label of another motor vehicle is used, the traffic control departmen

t of the public security organ shall confiscate them or distrain the motor vehicle involved, and in addition. Impose a fine of not less than 200 yuan but not more than 2,000 yuan. if a crime is constituted, criminal responsibility shall be investigated according to law.

  When the party provides the necessary legal certificates or has gone through the necessary formalities to obtain the certificates, the motor vehicle shall be returned without delay.

  Article 97 Where alarm sirens or signal lights are illegally installed, they shall compulsorily be removed and confiscated by the traffic control department of the public security organ, and a fine of not less than 200 yuan but not more than 2,000 yuan organ shall be imposed.

  Article 98 Where the owner or manager of a motor vehicle fails to buy the compulsory third party liability insurance for the motor vehicle, as required by state regulations, the traffic control department of the public security organ shall distrain the vehicle until the insurance is bought in accordance with the regulations, and, in addition, a fine of two times the specified minimum liability insurance premium payable for the shall be imposed.

  All the fines paid in accordance with the provisions in the preceding paragraph shall be incorporated into the social aid fund for road traffic accidents. The specific measures in this regard shall be formulated by the State Council.

  Article 99 Any person who commits one of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic control department of the public security organ:

  (1)driving a motor vehicle before obtaining the motor vehicle driver's license, or after the driver's license is revoked or during the period when the driver's license is temporarily suspended;

  (2)having his motor vehicle driven by another person who has not obtained the driver's license or whose driver's license is revoked or temporarily suspended;

  (3)escaping after causing a traffic accident, which is not serious enough to constitute a crime;

  (4)driving a motor vehicle at a speed 50 per cent in excess of the specified speed per hour;

  (5)compelling a motor vehicle driver to drive the vehicle in violation of laws and regulations on road traffic safety or of the requirement for safe driving, thus causing a traffic accident, which is not serious enough to constitute a crime;

  (6)making a forcible passage in violation of the regulations on traffic control and refusing to yield to dissuasion;

  (7)intentionally damaging removing or altering traffic facilities, thus causing harmful consequences, which is not serious enough to constitute a crime; or

  (8)illegally blocking or distraining a motor vehicle and refusing to yield to dissuasion, thus causing serious traffic jam or relatively heavy losses of property.

  If the person commits one of the acts specified in subparagraph (2)or (4)of the precedin

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