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

of the facts, reasons, and basis to make the penalty decision and also of the rights the party concerned may enjoy according to law.

　　Before the municipal traffic control office makes a penalty decision to impose a fine of more than 5,000 RMB on the party concerned and to confiscate a motor vehicle, a hearing shall be held according to law if the party concerned wants it.

　　Article 28

The municipal traffic control office shall sign and issue Notice of Decision on Administrative Penalty in Traffic Control by Police in case of violation of Item (7) of the first section of Article 15 when the driver is on the scene; if the driver is not on the scene, the vehicle shall be held and then Notice of Decision on Administrative Penalty in Traffic Control by Police shall be signed and issued; if the vehicle blocks the traffic or obstructs the implementation of other emergency tasks, the vehicle shall be temporarily detained and removed to the designated place, and the owner of the vehicle or driver shall be informed in a proper way.

　　Article 29 The municipal traffic control office shall return immediately a temporarily detained vehicle after completing the procedure of dealing with the illegal act, if the party concerned has refused to accept the settlement after 3 months or failed to claim the detained vehicle after receiving a notice, a public notice shall be published in the newspaper; if the vehicle has still not been claimed one month after the public notice was published, it shall be turned over to the municipal finance department to be handled according to law.

　　Article 30 If the party concerned in violation of roads and traffic control has no dissent on the finding of his/her illegal act, he/she shall sign On-the-Scene Record of the Finding of Traffic Violation of Law, the police on duty may sign and issue Notice of Decision on Administrative Penalty in Traffic Control by Police. If the party concerned has dissent on the finding of his/her illegal act, the police shall take away his/her driver’s license or operating permit, and then handle this case according to law after verification.

　　The party concerned or the owner of the vehicle shall pay the fine at a designated bank within 15 days after receiving Notice of Decision on Administrative Penalty in Traffic Control by Police. If the fine has not been paid after the deadline, 3% of the sum of the fine per day shall be imposed in addition.

　　The party concerned whose vehicle has been temporarily detained shall assume both towing fee and parking fee.

　　Article 31 If an illegal act of a vehicle in traffic violation has been recorded either by a monitoring device or by a traffic police on duty, the driver shall be punished according to law; If there is no way to determine the driver or the driver has not accepted the punishment after the deadline, a fine may be imposed on the owner of the vehicle according to the related articles and sections of these regulations.

　　If an illegal act of a vehicle in traffic violation has been recorded by a monitoring device or an illegal act of a motor vehicle driver in traffic violation has been recorded by a traffic police on duty, and the case has not been settled, the traffic control office shall not allow them to go through the procedure of annual inspection; if there are three case of illegal acts which have not been settled, the vehicle may be temporarily detained.

　　Article 32 If a motor vehicle driver is in one of the following situations, the municipal traffic control office may suspend the driver’s license and registration certificate for entrusted administration under other jurisdiction:

　　(1)without justification, refusing to accept the punishment on his/her illegal act for more than 90 days;

　　(2)within a term of the annual inspection, being recorded for running the red light for 5 times or violating these regulations for more than 10 times;

　　(3)after the driver’s license has been temporarily taken away or suspended, making a false report that the license has been stolen or lost, and reapplying for a driver’s license.

　　If a driver’s license has been revoked, it shall be forbidden to apply for a student

　　driver’s license within 1 year.

　　Article 33 If the party concerned has refused or obstructed the performan

ce of duties by a traffic police according to law, or attacked, beat and scolded, humiliated a traffic police on duty, a punishment shall be imposed according to Regulations of the People’s Republic of China on Punishments in Public Order and Security Administration; if a crime has been constituted, the criminal responsibility shall be investigated into according to law.

　　Article 34 The traffic control office shall establish a system of social supervision in enforcement of traffic control, and engage the related persons of the society for voluntary supervision over the behavior of the traffic police on duty.

　　The municipal traffic control office shall establish a special institution to accept reports and set up a phone line for reporting which should be made public in the newspaper, the citizens’ reports and the related suggestions and opinions shall be handled promptly, and the persons who make reports or suggestions shall have reply on the processing of their cases.

　　Article 35 The Shenzhen Municipal Department of Public Security and the municipal traffic control office shall administer and supervise the enforcement activities of the subordinate traffic control offices, if a mistake has been found in a penalty decision, the penalty shall be cancelled or changed, and the responsibility of the related persons shall be investigated into.

　　The municipal traffic control office shall establish a strict system of personal responsibility on a work post and a system of investigation into the responsibility for misjudged cases, and promptly correct the acts of illegal punishment, if there is infringement upon the legal rights and interests of the party concerned because of illegal exercise of functions and power, compensation shall be made according to Law of the People’s Republic of China on State Compensation.

　　Article 36 If a traffic police has failed to discharge duties according to law and taken one of the following acts, criticism and education shall be given; if the case is serious, stop of executing duties shall be ordered, and a disciplinary sanction shall also be imposed; if a crime has been constituted, the criminal responsibility shall be investigated into according to law:

　　(1)failing to deal with illegal acts in traffic violation according to law;

　　(2)after a report to the police on traffic jam or traffic accident has been received, failing to get to the scene promptly to restore traffic order and handle the case without reason;

　　(3)failing to turn over temporarily detained vehicles and temporarily held certificates to a superior within the prescribed time;

　　(4)failing to issue a receipt, notice of penalty decision when imposing a punishment, and failing to issue a temporary taking-away voucher when temporarily detaining a vehicle or taking away a certificate;

　　(5)deliberately doing damage to the certificates and articles of the party concerned;

　　(6)beating and scolding the party concerned;

　　(7)abusing power for personal gain, embezzling and taking bribes.

　　Article 37 If a trouble-making act in a traffic accident and illegal act in violation

　　of road and traffic control reported by citizens have been checked and found to be true by the municipal traffic control office, and punished according to law, the municipal traffic control office shall give these citizens proper rewards, the reward expenses shall be entered in and paid from an account of the municipal finance department.

　　Article 38 If the party concerned has refused to accept a temporary detention or punishment decided by a traffic control office, an application for review may be filed to the responsible department at the higher level within 60 days from the date of receiving the decision notice; the responsible department at the higher level shall make a review decision within 60 days from the date of receiving the application for

review. If the applicant has refused to accept the review decision, legal action may be taken at the people’s court within 15 days from the date of receiving the review decision notice.

　　If the party concerned has failed to implement the penalty decision after the deadline, the traffic control office may enforce it according to law or apply to the people’s court for enforcement.

　　Chapter V Supplementary Provision

　　Article 39 “More than ”or “less than ”a number referred to in these regulations shall include the number itself.

　　Article 40 These regulations shall take effect as of March 1, 1997

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