深圳经济特区道路交通管理处罚条例（修正） Regulations of the Shenzhen Special Economic Zone on Punishments in Roads and T

hen there is no obstacle ahead, deliberately slowing down, stopping, or blocking the traffic in other ways, and refusing to obey the instruction;

　　(3)drunk driving a motor vehicle and failing in passing the test because the alcoholic taking exceeds the prescribed standard;

　　(4)driving a motor vehicle by a person without a driver’s license or leaving a motor vehicle to a person without a driver’s license to drive;

　　(5)driving a motor vehicle with a driver’s license appropriatd or borrowed from other person;

　　(6)using an altered, invalid license plate of a motor vehicle or using an altered, invalid, forged driver’s license to drive a motor vehicle;

　　(7)installing, using an alarm or alarm light in violation of the rules;

　　(8)driving a motor vehicle with a engine number or frame number altered without authorization;

　　(9)driving a motor vehicle which has been tested to reach a level to be discarded and not yet applied for discarding;

　　(10)driving a motor vehicle assembled without permission;

　　(11)driving a tractor within the city or on the main line of roads of other kinds;

　　(12)driving a non-commercial motor vehicle to charging passengers and disrupting the traffic order;

　　(13)driving a motor vehicle of which the exhaust looks dark or the emission exceeds the standard and pollutes the environment.

　　In case of violation of Item (1), the driving license may also be suspended for 15 days; in case of violation of one of Items from (2) to (4), the driver’s license may also be suspended for 60 days; in case of violation of either Item (3) or Item (5), detention for less than 15 days may also be implemented according to law; in case of violation of either Item (6) or Item (7), the invalid license plate of a motor vehicle, invalid driver’s license shall be taken away, the alarm light, alarm installed illegally shall be confiscated; in case of violation of one of Items from (8) to (10), the vehicle shall be confiscated, and the license plate and　the operating permit of the vehicle shall be taken away.

　　In case of violation of one of Items from (2) to (13) of the first section, the

vehicle may be temporarily detained.

　　The standard and methods of the alcoholic test shall be formulated by the Shenzhen Municipal Department of Public Security.

　　Article 19 If a motor vehicle driver has driven an overloaded motor vehicle, immediate correction shall be ordered; if the immediate correction cannot be done, the vehicle may be detained; a punishment shall be imposed according to the following rules:

　　(1)when driving a motor vehicle to transport passengers, a fine of 200 RMB per extra passenger shall be imposed;

　　(2)when overloaded goods are less than 20% of the loading capacity, a fine of 200 RMB shall imposed;

　　(3)when overloaded goods are from 20% to 50% of the loading capacity, a fine of 1,000 RMB shall be imposed;

　　(4)when overloaded goods are from 50% to 100% of the loading capacity, a fine of 2,000 RMB shall be imposed;

　　(5)when overloaded goods are more than 100% of the loading capacity, a fine of 5,000 RMNB shall be imposed.

　　In case of violation of Item (1) of the above section by driving a medium, large

　　passenger bus to have the number of extra passengers which exceeds the approved number of passengers by more than 20%, detention for less than 15 days shall also be implemented according to law.

　　If a truck is used to transport passengers without approval or transport both passengers and goods mixed together, a punishment shall be imposed according to Item (1) of the first section.

　　Article 20 In case of driving a motor vehicle without a license plate or with an appropriated, borrowed, forged license plate, a fine of 50,000 RMB shall be imposed for motorcycle, tractor, and a fine of 20,000 RMB shall be imposed for other vehicles.

　　In case of violation of the above section, the vehicle may also be confiscated except for a vehicle which has a legal origin that can be provided.

　　Article 21 If a driver has fled or deliberately sabotaged, simulated the scene after a traffic accident taking place in driving a vehicle, a fine of more than 30,000 but less than 50,000 RMB shall be imposed; if a crime has been constituted, the criminal responsibility shall be investigated into according to law.

　　If a driver has fled the scene after a traffic accident taking place in driving a vehicle, and the owner of the vehicle, units or individuals in the know have refused to provide the related information of the driver for the people handling the case or provided false materials, a fine of more than 5,000 but less than 10,000 RMB shall be imposed.

　　Article 22 If a driver of a non-motor-driven vehicle has taken one of the following acts, correction shall be ordered, a warning may be given or a fine of 50 RMB may be imposed:

　　(1)driving a non-motor-driven vehicle with an incomplete license plate or without a license plate;

　　(2)driving a non-motor-driven vehicle with a refitted mechanic power unit;

　　(3)driving on a road for motor vehicles only or in violation of traffic signals;

　　(4)riding a bicycle loaded with articles higher, wider, longer than what are allowed;

　　(5)driving a non-motor-driven vehicle in a direction not allowed by traffic regulations or riding a bicycle carrying a passenger.

　　In case of violation of Item (1) of the above section, the vehicle shall be confiscated

　　except for a bicycle which has a legal origin that can be provided.

　　If a non-motor-driven vehicle has violated Item (2), the power unit shall be taken away from a vehicle which has a legal origin that can be provided; as for a vehicle which has no legal origin to be provided, the power unit shall be taken away and the vehicle shall be confiscated as well.

　　Article 23 If a pedestrians or rider has one of the following acts, correction shall be ordered, a warning may be given or a fine of 50 RMB may be imposed:

　　(1)passing a pedestr

ian crossing in violation of traffic signals;

　　(2)getting over or going through protection rails for traffic separation;

　　(3)walking or peddling goods on a road for motor vehicles only;

　　(4)littering from within a vehicle by a rider or interfering with the driver’s operating.

　　Article 24 If the party concerned has taken one of the following acts, immediate

　　correction, restoring the original state by a deadline or compensation for loss shall be ordered, and a fine of more than 1,000 but less than 3,000 RMB shall also be imposed; if the case is serious, a fine of more than 3,000 but less than 5,000 RMB shall be imposed:

　　(1)damaging or removing traffic safety facilities without authorization, or obstructing the normal use of traffic safety facilities in other ways;

　　(2)failing to set up safety rails and warning signs around a road-work site in accordance with the rules;

　　(3)failing to open enough gates at toll booths in order to keep the road unblocked;

　　(4)without approval from a traffic control office, occupying a road or setting up roadblocks, ads, signboards, traffic signs, marking lines;

　　(5)dumping, scattering articles to impair traffic safety such as garbage, sands and rocks, remaining mud and residual earth, etc.;

　　(6)without approval from a traffic control office, digging a road, opening an intersection or failing to restore the original state within the allotted time;

　　(7)without approval from a traffic control office, changing the color of a vehicle’s body or its outward appearance;

　　(8)a station of traffic safety inspection fails to do inspection according to the rules or practices fraud in providing an inspection report of　safety up to standards.

　　Chapter IV Procedure of Implementation and Supervision

　　Article 25 The punishments stipulated in these regulations shall be implemented

　　under the following jurisdictions:

　　(1)imposing a fine of less than 50 RMB on a pedestrian, rider, and driver of a non-motor-driven vehicle or giving a warning shall be decided and implemented on the scene by traffic police on duty, if the party concerned is not able to pay the fine, the vehicle may be temporarily detained or other educational measures shall be taken;

　　(2)imposing a fine of less than 5,000 RMB, suspending a driver’s license for less than 30 days, and confiscating the related devices shall be decided and implemented by the traffic police unit under the municipal traffic control office;

　　(3)imposing a fine of more than 5,000 RMB, suspending a driver’s license for more than 30 days, and detaining or confiscating a vehicle shall be decided and implemented by the municipal traffic control office.

　　Article 26 When traffic police decide and implement a fine on the scene, there

　　shall be more than 2 police, an on-the-scene penalty notice for violation of traffic control and a fine receipt printed uniformly by the finance department shall be issued.

　　When a driver’s license or an operating permit of a vehicle is taken away, a taking-away voucher shall be issued, and the license or permit shall be turned over to the traffic police unit within 12 hours.

　　When a vehicle is temporarily detained, a temporary detention voucher shall be issued, and the vehicle shall be turned over to the traffic police unit within 6 hours.

　　Article 27 Before a traffic control office makes a penalty decision, it shall inform the party concerned

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