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

a motor vehicle driver's license is suspended before the decision takes effect the number of days in which the license is suspended shall be deducted from the term for temporary suspension.

　　The interval between revocation of the license and application for a new one shall be governed by the administrative regulations on motor vehicle driver's licenses.

　　Article 114 the traffic control department of the public security organ may， on the basis of the technical traffic monitoring records and in accordance with law， impose a penalty on the owner or manager of the motor vehicle involved in violation of laws. If the driver can be identified， it may impose a penalty on the driver in accordance with the provisions of this law.

　　Article 115 where a traffic policeman commits one of the following acts， he shall be given an administrative sanction according to law：

　　（1）issuing the certificate of registration， number plate， motor vehicle license， or sticker of inspection certificate to a motor vehicle that is not in conformity with the statutory requirements；

　　（2）giving approval to a motor vehicle that is not in conformity with the statutory requirements to install and alarm sirens and signal lights， or to spray or paint the sign specially for police vans， fire engines， ambulances or engineering rescue vehicles；

　　（3）issuing a motor vehicle driver's licenses to a person who does not meet the qualifications for a driver's license， or has not undergo examinations， or fails in examinations；

　　（4）failing to implement system under which the decision on fines is separated from the collection of fines， or failing to turn over in full to the state Treasury the fees and fines collected the unlawful gains confiscated in accordance with law， as is required by relevant regulations；

　　（5）engaging in such business activities as sponsoring or participating in sponsoring drivers schools or training classes， motor vehicle repair shops or pay parking lots；

　　（6）receiving or accepting another person's money or things of value or seeking other benefits by taking advantage of his position；

　　（7）distraining a vehicle a motor vehicle license， a driver's license or the number plate of a vehicle in violation of law；

　　（8）using the vehicle distrained according to law；

　　（9）collecting a fine on the spot without producing a receipt or failing to fill out the exact amount of a fine；

　　（10）disposing of a traffic accident unfairly by engaging in malpractices for personal gain；

　　（11）delaying the issuance of the number plates and certifies of motor vehicles by deliberately making things difficult；

　　（12）using alarm sirens and signal lights when not performing emergency duties；

　　（13）blocking or inspecting normally running vehicles in violation of regulations；

　　（14）blocking a motor vehicle and getting a lift when performing emergency duties； or

　　（15）failing to perform the statutory duties；

　　If the traffic control department of the

public security organ commits one of the acts mentioned in the preceding paragraph， the persons directly in charge and the other persons directly responsible shall be given administrative sanctions accordingly.

　　Article 116 A traffic policeman who is given an administrative sanction in accordance with the provisions of article 115 of this law may be stopped from performing his duties before a decision on such sanction is made； and when necessary， he may be placed in confinement.

　　Where a traffic policeman is demoted or removed from office as an administrative sanction in accordance with the provisions of article 115 of this law， he may be dismissed.

　　Where a traffic policeman is discharged as a sanction or is dismissed， his police rank shall be deprived of； where a traffic policeman is imposed a linger sanction than removal from office as an administrative sanction， his police rank shall be reduced.

　　Article 117 where a traffic policeman taking advantage of his functions and powers， illegally takes public property into his possession， extorts， receives or accepts bribes， abuses his functions and powers， or neglects his duties， which is serious to constitute a crime he shall be investigated for criminal responsibility according to law.

　　Article 118 where the traffic control department of the public security organ or its traffic policeman commits one of the acts mentioned in article 115 of this law， thus causing losses to the party， it or he shall bear the liability for compensation according to law.

　　Chapter VIII

　　Supplementary provisions

　　Article 119 For purposes of this law， the meanings of the following terms are：

　　（1）roads mean the highways， urban streets and places that although within the scope of the jurisdiction of units motor vehicle of the community are permitted to pass through， including squares and public parking lots as are used for public passage.

　　（2）“Vehicles ”mean the motor vehicles and non-motor vehicles.

　　（3）“Motor vehicles” mean the wheeled vehicles driven or drawn by power sets on roads for carrying people， for transporting cargoes， or for special engineering operations.

　　（4）“Non-motor vehicles” mean such means of transport as are driven or drawn by man or animal on roads， and the motor wheelchairs for the disabled and electrically operated bicycles， which are installed with power sets but the designed maximum speed per hour， the light quality and the external size of which are in conformity with the relevant standards of the state.

　　（5）“Traffic accidents” mean situations in which vehicles running on roads cause casualties or property losses through errors or something untoward.

　　Article 120 the relevant departments of the Chinese people's liberation army and the Chinese people's armed police Force shall be in charge of the issuance of the plates and certificates， and the inspection， of their registered motor vehicles， and the examination and appraisal of their motor vehicle drivers.

　　Article 121 with respect to tractors running on roads， the department of agriculture （agricultural machinery ）shall exercise the administrative functions and powers of the traffic control department of the public security organ as provided for in articles 8，9，13，19and 23，of this law.

　　Where exercising the functions and powers in accordance with the provisions of the preceding paragraph， the department of agriculture （agricultural machinery ） shall observe the relevant provisions of this law and subject itself to supervision by the traffic control department of the public security organ， and violations shall be investigated for legal responsibility in accordance with the relevant provisions of this law.

　　The plates and certificates of motor vehicles issued by the department of agriculture （agricultural machinery ） before implementation of this law shall continue to be valid af

ter this .law goes into effect.

　　Article 122 the state exercises unified control of road traffic safety in respect of motor vehicles entering our territory from abroad.

　　Article 123 the standing committees of the people's congresses of provinces autonomous regions， and municipalities directly under the central Government may， in light of their actual local conditions and within the range of the fines provided for in this law， fix specific rates for imposing fines.

　　Article 124 this law shall go into effect as of May 1，2004

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