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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:
g paragraph, his motor vehicle driver's license may be revoked at the same time and if he commits one of the acts specified in subparagraph (1),(3),(5),(6),(7)and (8),he may, in addition, be put in detention for not more than 15 days.

  Article 100 Where a self-assembled motor vehicle or a motor vehicle old enough to be scrapped is driven on roads, the traffic control department of the public security organ shall confiscate it and compulsorily scrap it.

  A driver who drives on roads the motor vehicle mentioned in the preceding paragraph shall be fined not less than 200 yuan but not more than 2,000 yuan and his driver's license shall be revoked.

  Where a motor vehicle old enough to be scrapped is sold, the unlawful gains shall be confiscated, a fine equal to the amount of money obtained from the sale of the vehicle shall be imposed, and the vehicle shall be disposed of in accordance with the provisions of the

first paragraph of this Article.

  Article 101 Where a serious traffic accident occurs due to violation of the provisions in laws and regulations on road traffic safety, which constitutes a crime, criminal responsibility shall be investigated according to law, and the motor vehicle driver's license shall be revoked by the traffic control department of the public security organ.

  Where a driver escapes after causing a traffic accident his motor vehicle driver's license shall be revoked by the traffic control department of the public security organ and he shall not obtain a motor vehicle driver's license again for organ of his life.

  Article 102 Where a professional transport unit that is chiefly or fully responsible for two or more exceptionally serious traffic accidents within six months, it shall be instructed by the traffic control department of the public security organ to remove all the hidden troubles endangering safety, and the motor vehicles with the said hidden troubles shall be prohibited from running on roads until all the troubles are removed.

  Article 103 Where the government department in charge of motor vehicle products fails to conduct strict examination and inspection in accordance with the state safety and technical standards for motor vehicles and permits unqualified motor vehicle models to be put into production, the persons who are directly in charge and the other persons who are directly responsible shall be demoted or dismissed from office as an administrative sanction.

  Where a motor vehicle manufacturing enterprise than is permitted by the government department in charge of motor vehicle products to produce certain models of motor vehicles, fails to apply the state safety and technical standards for motor vehicles or to strictly conduct quality inspection of its unqualified motor vehicles leave the plant for sale, the quality and technology supervision department shall, in accordance with the relevant provisions of the law of the people's Republic of china on product Quality, impose a penalty on it.

  Where a unit that manufactures or sells the models of motor vehicles without permission by the government department in charge of motor vehicle products, the finished motor vehicles and the spare parts illegally manufactured and sold shall be confiscated, and it shall, in addition, be fined not less than three times but not more than five times the value of the unlawful products; if it has a business license, the administrative department for industry and commerce shall revoke the license; and if it has no business license, it shall be closed down.

  Where self-assembled motor vehicle are turned out or sold or motor vehicles refitted without authorization are turned out or sold, a punishment shall be imposed in accordance with the provisions of the third paragraph of this article.

  Where motor vehicles not in conformity with the state safety and technical standards for motor vehicles are turned out or sold in violation of the provisions in the second, third and fourth paragraph of this article, which is serious enough to constitute, a crime criminal responsibility shall be investigated according to law.

  Article 104 Any unit or individual that, without approval digs roads or occupies roads for construction or engages in other activities to the detriment of road traffic safety, the department in charge of roads shall instruct it or him to desist from such illegal acts, to put the roads back to their original state, and may impose a fine on it or him according to law. Where losses are caused to the passing persons or vehicles or to other property it or he shall bear the liability for compensation according to law.

  Where road traffic safety is adversely affected by the acts mentioned in the preceding paragraph, the traffic control department of the public security organ may instruct the unit or individual to desist from th

e illegal acts in order to speedily restore traffic.

  Article 105 where losses are inflicted on the passing persons or vehicles or other property because, when a road is under construction or damages appear in a road, no warning signs are put up in time and no protective measures are taken, or there are no traffic signal lights, traffic signs or traffic markings as there ought to be or no traffic signal lights, traffic signs or traffic line markings are altered they ought to be in time, the units respectively responsible shall bear the liability for compensation according to law.

  Article 106 where a unit or individual plants trees or other plants or installs billboards, pipelines, etc. on both sides of a road or along the isolation belts, so that they shield road lamps, traffic signal lights or traffic signs, or obstruct the sate range of visibility, the traffic control department of the public security organ shall instruct it or him to remove the obstacles; and if it or he refuses to comply, a fine of not less than 200 yuan but not more than 2,000 yuan shall be imposed, and the obstacles shall forcibly be removed and the expenses thus incurred shall be borne by it or him.

  Article 107 where a disciplinary warning is to be given to, or a fine of not more than 200 yuan to be imposed on, a violator of road traffic law, the traffic policemen may make the decision on administrative penalty on the spot and produce a written decision on such penalty.

  In the written decision on administrative penalty shall clearly be stated the facts of violation by the party, the basis for the administrative penalty, the penalty imposed, the time and place of the penalty, and the name of the authority by imposes the penalty, and the written decision shall be signed or sealed by the law-enforcing person.

  Article 108 The party shall, within 15 days from the date he receives the written decision on administrative penalty, pay the fine at the designated bank.

  Where the parties have no objections, the fines imposed on pedestrians, and drivers of non-motor vehicles may be collected on the spot.

  Where fines are paid unified receipts for fines, made and distributed by the financial departments of provinces, autonomous regions, and municipalities directly under the Central Government, shall be written out, and in the absence of such receipts, the parties shall have the right to refuse to pay the fines.

  Article 109 where a party fails to abide by the decision on administrative penalty at the expiration of the time limit, the administrative organ that makes such a decision may take the following measures:

  (1)if fine is not duly paid an additional 3 per cent of the amount of the fine per day shall be imposed; and

  (2)applying to the people's court for compulsory enforcement.

  Article 110 where a traffic policeman, when performing his duties deems, it necessary to temporarily suspend or to revoke the motor vehicle driver's license of a violator of the law on road traffic as a punishment, he may suspend the driver's license first and, within 24 hours, transfer the case to the traffic control department of the public security organ for disposition.

  The violator of the law on road traffic shall, within 15 days, go to the traffic control department of the public security organ for disposition. If, without legitimate reasons, the violator fails to go for the disposition at the expiration of the time limit, his motor vehicle driver's license shall be revoked.

  Where the traffic control department of the public security organ suspends temporarily or revokes a motor vehicle driver's license, it shall produce a written decision on the administrative penalty.

  Article 111 with respect to detention as an administrative penalty for violation of the provisions of this law, the public security bureau or sub-bureau of a county city or the public

security organ equal to the county level shall make a ruling.

  Article 112 where the traffic control department of the public security organ distrains a motor vehicle or non-motor vehicle, it shall produce a receipt on the spot, and tell the party to go, within a specified period of time, to said department for disposition.

  The traffic control department of the public security organ shall take good care of the distrained vehicles and shall not use them.

  Where the party fails to go for the dispostition at the expiration of the specified period of time, and still fails to go so three months after announcement of the matter, the distrained vehicle shall be disposed of according to law.

  Article 113 the term for temporary suspension of a motor vehicle driver's license shall be calculated from the date the decision on the punishment takes effect, and if

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