Contents
Chapter I General Provisions
Article 1 In order to maintain the order of road traffic, to prevent and reduce traffic accidents, to protect the safety of the person, and to protect the citizens, legal persons and other organizations of the security of the property and other legitimate rights and interests of citizens, legal persons and other organizations, and to improve the efficiency of road traffic. This Law is enacted.
Second Article Drivers and occupants of vehicles within the territory of the People's Republic of China*** and the State, as well as units and individuals related to road traffic activities, shall abide by this Law.
Article 3 Road traffic safety work shall follow the principles of management in accordance with the law and convenience to the public, and ensure that road traffic is orderly, safe and smooth.
Article 4 The people's governments at all levels shall ensure that road traffic safety management work in line with economic construction and social development.
Local people's governments at or above the county level shall adapt to the needs of the development of road traffic, based on road traffic safety laws, regulations and relevant state policies, formulate road traffic safety management planning, and organization and implementation.
Article 5 The public security department of the State Council is responsible for national road traffic safety management. The traffic management departments of the public security organs of the local people's governments at or above the county level are responsible for the management of road traffic safety in their own administrative areas.
The traffic and construction management departments of the people's governments at or above the county level are responsible for the relevant road traffic work in accordance with their respective duties.
Article 6 The people's governments at all levels shall regularly carry out education on road traffic safety and raise the awareness of citizens of road traffic safety.
The traffic management departments of the public security organs and their traffic police shall, in the performance of their duties, strengthen the propaganda of road traffic safety laws and regulations, and exemplary compliance with road traffic safety laws and regulations.
Organs, troops, enterprises and public institutions, social groups and other organizations shall educate their personnel on road traffic safety.
Education administration departments and schools should incorporate road traffic safety education into the content of legal education.
Press, publishing, radio, television and other relevant units, have the obligation to carry out road traffic safety education.
Article 7 of the road traffic safety management, shall strengthen scientific research, promotion, use of advanced management methods, technology, equipment.
Chapter II Vehicles and Drivers
Article 8 The State shall implement a registration system for motor vehicles. Motor vehicles are registered by the traffic management department of the public security organs before they are allowed to travel on the roads. Not yet registered motor vehicles, the need for temporary road travel, should obtain a temporary license plate.
Temporary license plates should be obtained
Article IX application for motor vehicle registration, shall submit the following certificates, vouchers:
(a) the owner of the motor vehicle identification.
(2) Proof of origin of the motor vehicle.
(C) motor vehicle factory certificate or imported motor vehicle import certificate.
(D) the vehicle purchase tax certificate or tax exemption certificate.
(E) laws and administrative regulations should be submitted in the motor vehicle registration of other certificates, vouchers.
The public security organs of the traffic management department shall accept the application within five working days from the date of completion of the motor vehicle registration review, in line with the conditions set out in the preceding paragraph, it shall issue a motor vehicle registration certificate, license plate and driving license; not in line with the conditions set out in the preceding paragraph, it should be to the applicant to explain the reasons for not registering.
No unit or individual other than the traffic management department of the public security organs shall issue a number plate for a motor vehicle or require a motor vehicle to display another number plate, except as otherwise provided in this Law.
The styles of motor vehicle registration certificates, number plates and driving licenses shall be prescribed and supervised by the public security department under the State Council.
Article 10 of the motor vehicle registration shall comply with the national safety and technical standards for motor vehicles. Application for registration of motor vehicles, should be subject to the motor vehicle safety inspection. However, the national motor vehicle products by the competent department of motor vehicles based on the national safety and technical standards for motor vehicles recognized by the enterprise production of motor vehicle models, the model of the new car at the factory by the test in line with the national safety and technical standards for motor vehicles, to obtain a certificate of conformity of the test, exempted from the safety and technical inspection.
Article XI driving a motor vehicle on the road, should hang the motor vehicle license plate, placed the inspection mark, insurance mark, and carry a motor vehicle license.
Motor vehicle license
Motor vehicle license plate shall be in accordance with the provisions of the suspension and keep clear and intact, and shall not be intentionally obscured, defaced. No unit or individual shall collect or withhold the motor vehicle number plate.
Article 12 In one of the following cases, the corresponding registration shall be made:
(1) The transfer of ownership of motor vehicles.
(B) the motor vehicle registration content changes.
(C) motor vehicles used as collateral.
(D) motor vehicle scrapped.
Article XIII of the registration of motor vehicles on the road, should be in accordance with the provisions of laws and administrative regulations, according to the use of the vehicle, the number of passengers and cargo, the use of different situations, regular safety inspection. Motor vehicle license and motor vehicle compulsory third-party liability insurance policy, motor vehicle safety inspection agency shall be examined, no unit shall not attach other conditions. Motor vehicles in line with national safety and technical standards, the public security organs of the traffic management department shall be issued inspection mark.
Socialization of motor vehicle safety inspection, the specific measures provided by the State Council.
Motor vehicle safety inspection of socialized places, any unit shall not require motor vehicles to designated places for inspection.
The public security organs of the traffic management departments, motor vehicle safety inspection agency shall not require motor vehicles to designated places for repair and maintenance.
Motor vehicle safety inspection agency for motor vehicle inspection fees, should be strictly enforced by the competent department of the State Council price standards approved.
Article XIV of the national implementation of mandatory scrapping of motor vehicles, according to the safety and technical condition of motor vehicles and different uses, the provisions of different scrapping standards. Should be scrapped motor vehicles must be promptly registered for cancellation.
To reach the end of the standard motor vehicles shall not be on the road. The scrapping of large passenger, trucks and other operating vehicles should be dismantled under the supervision of the public security organs of the traffic management department.
Article 15 of the police car, fire trucks, ambulances, engineering rescue vehicles shall be in accordance with the provisions of the logo pattern spraying, installation of sirens, logo lamps. Other motor vehicles shall not be sprayed, installed, use the above vehicles dedicated or similar to its logo pattern, siren or logo lamps.
Police vehicles, fire engines, ambulances, engineering rescue vehicles shall be used in strict accordance with the provisions of the purpose and conditions.
Special vehicles for highway supervision and inspection shall be equipped with uniform signs and warning lights in accordance with the provisions of the Highway Law.
Article 16 No unit or individual shall do any of the following:
(1) assembling a motor vehicle or unauthorized alteration of the structure, construction or characteristics of the motor vehicle has been registered.
(2) change the motor vehicle model, engine number, frame number or vehicle identification code.
(C) forged, altered or use a forged, altered motor vehicle registration certificate, number plate, license plate, inspection mark, insurance mark.
(D) the use of other motor vehicle registration certificates, license plates, permits, inspection marks, insurance marks.
Article 17 The State implements the compulsory insurance system for third-party liability of motor vehicles and establishes a social relief fund for road traffic accidents. Specific measures shall be prescribed by the State Council.
Article 18 In accordance with the law should be registered non-motorized vehicles, by the public security organs of the traffic management department after registration, before they can be on the road.
The types of non-motorized vehicles that shall be registered in accordance with law shall be prescribed by the people's governments of provinces, autonomous regions and municipalities directly under the central government in the light of the local actual situation.
Non-motorized vehicle dimensions, quality, brakes, bells and night reflective devices, should be in line with non-motorized vehicle safety and technical standards.
Article 19 driving a motor vehicle, shall obtain a motor vehicle driver's license.
Application for a motor vehicle driver's license shall comply with the driving permit conditions set by the public security department of the State Council; after passing the examination, the public security organs of the traffic management department shall issue the corresponding category of motor vehicle driver's license. Holders of foreign motor vehicle driver's license, in line with the public security department of the State Council, the driving permit conditions, the public security organs of the traffic management department of the examination, can be issued to China's motor vehicle driver's license. The driver shall drive the motor vehicle in accordance with the permitted driving type stated in the license; when driving the motor vehicle, he shall carry the motor vehicle driving license with him.
No unit or individual other than the traffic management department of a public security organ may seize or detain a motor vehicle driver's license.
Article 20 The driving training of motor vehicles is socialized, and the competent traffic department shall implement qualification management for driving training schools and driving training courses, of which specialized tractor driving training schools and driving training courses shall be implemented by the competent agricultural (agricultural machinery) department.
Driving training schools, driving courses should be in strict accordance with the relevant provisions of the state, the students of road traffic safety laws, regulations, driving skills training, to ensure the quality of training.
Any state organs and driving training and examination authorities shall not organize or participate in the organization of driving training schools, driving courses.
Article 21 Before driving a motor vehicle on the road, the driver shall carefully check the safety and technical performance of the motor vehicle; shall not drive the safety facilities are incomplete or the parts do not meet the technical standards of the motor vehicle with potential safety hazards.
The People's Republic of China *** and the State Road Traffic Safety Law
Article 22 The driver of a motor vehicle shall comply with the provisions of road traffic safety laws and regulations, and drive safely and civilized in accordance with the operating specifications.
Drinking alcohol, taking state-controlled psychotropic or narcotic drugs, or suffering from diseases that impede safe driving of motor vehicles, or excessive fatigue affecting safe driving, shall not drive a motor vehicle. No one shall force, instruct or connive at a driver to drive a motor vehicle in violation of road traffic safety laws and regulations and motor vehicle safety driving requirements.
Article 23 The public security organs of the traffic management department in accordance with the provisions of laws and administrative regulations, the regular implementation of motor vehicle driver's license validation.
Article 24 The public security organs of the traffic management department of the motor vehicle drivers in violation of road traffic safety laws and regulations, in addition to administrative penalties in accordance with the law, the implementation of the cumulative demerit points system. The public security organs of the traffic management department of the accumulated demerit points to reach the prescribed value of the motor vehicle driver, detain the motor vehicle driver's license, road traffic safety laws and regulations for its education, re-examination; test passes, the return of its motor vehicle driver's license.
Obeying the laws and regulations of road traffic safety, no accumulated points within one year of the motor vehicle driver, you can extend the period of examination of the motor vehicle driver's license. Specific measures by the public security department of the State Council.
Chapter III Road Conditions
Article 25 The national implementation of uniform road traffic signals. Traffic signals include traffic signals, traffic signs, traffic markings and traffic police command.
Traffic signals, traffic signs, traffic markings shall be set up in accordance with the requirements of road traffic safety, smooth flow and national standards, and to maintain clear, conspicuous, accurate and intact. According to the passage of the need to
Road traffic letter signs
should be added in a timely manner, switching, updating road traffic signals. Add, switch, update the restrictive road traffic signals, should be announced to the community in advance, widely publicized.
Article 26 The traffic signal consists of red, green and yellow lights. The red light indicates that traffic is prohibited, the green light indicates that passage is permitted, and the yellow light indicates a warning.
Article 27 of the railroad and road crossings, shall set up warning lights, warning signs or safety protection facilities. Unguarded railroad crossing, should be set at a certain distance from the crossing warning signs.
Article 28 No unit or individual shall not set up, move, occupy, damage to traffic signals, traffic signs, traffic markings.
Trees or other plants planted on both sides of the road and the isolation zone, set up billboards, pipelines, etc., shall maintain the necessary distance from the traffic facilities, shall not block the street lights, traffic signals, traffic signs, shall not impede the safety of the sight distance, and shall not affect the passage.
Article 29 The planning, design and construction of roads, parking lots and ancillary road facilities shall conform to the requirements of road traffic safety, smooth flow, and timely adjustments in accordance with traffic demand.
The public security organs of the traffic management department found that has been put into use on the road there are frequent traffic accidents, or parking lots, road supporting facilities there are serious traffic safety hazards, shall promptly report to the local people's government, and put forward to prevent traffic accidents, eliminate hidden problems of the proposal, the local people's government shall promptly make a decision to deal with.
Article 30 The road collapsed, pits, water damage, bulging and other damage or traffic signals, traffic signs, traffic markings and other traffic facilities damaged, lost, roads, traffic facilities, maintenance departments or management departments shall set warning signs and timely repair.
Should set warning signs and timely repair
The public security organs of the traffic management department found in the preceding paragraph, endangering traffic safety, has not yet set up a warning sign, it shall promptly take safety measures to ease traffic, and notify the road, traffic facilities maintenance department or management.
Article 31 Without permission, no unit or individual shall occupy the road for non-traffic activities.
Article 32 If a road is occupied or excavated for the purpose of engineering construction, or if a pipeline facility is erected or added across or through a road, the consent of the competent road department shall be obtained in advance; if traffic safety is affected, the consent of the traffic management department of the public security organs shall also be obtained.
Construction units should be approved in the section and time of the construction work, and in the direction of traffic from the construction site to set up a safe distance from the obvious safety warning signs, to take protective measures; construction work is completed, it should be quickly remove obstacles on the road to eliminate potential safety hazards, by the competent departments of the road and the public security organs of the traffic management department of the acceptance of the pass, in line with the requirements of access, before you can Resumption of passage.
The public security organs of the construction work of the road without interrupting traffic, the traffic management department shall strengthen traffic safety supervision and inspection, maintenance of road traffic order.
Article 33 of the new construction, reconstruction, expansion of public **** building, commercial district, residential areas, large (medium) buildings, etc., shall be allocated, additional parking lots; parking spaces are insufficient, shall be promptly reconstructed or expanded; put into use the parking lot shall not be discontinued or converted to other uses.
In the city within the scope of the road, without affecting the pedestrians, vehicular traffic, the relevant government departments can designate parking spaces.
Article 34 The road in front of schools, kindergartens, hospitals, nursing homes do not have pedestrian crossing facilities, shall be delineated crosswalks, set up signs.
The sidewalks of major urban roads shall be set up in accordance with the planning of blind alleys. Blind alleys should be set up in accordance with national standards.
Chapter IV Road Traffic Regulations
Article 35 Motorized vehicles, non-motorized traffic on the right.
Article 36 According to road conditions and access needs, the road is divided into motor vehicle lanes, non-motorized lanes and sidewalks, motor vehicles, non-motorized vehicles, pedestrians, the implementation of separate lanes. There is no division of motor vehicles, non-motorized lanes and sidewalks, motor vehicles in the middle of the road, non-motorized vehicles and pedestrians on both sides of the road.
Non-motorized Lane Signs
Article 37 If a road is designated as a special lane, only the specified vehicles are permitted to pass within the special lane, and other vehicles are not allowed to enter the special lane.
Article 38 Vehicles and pedestrians shall pass in accordance with traffic signals; in case of traffic police on-site command, they shall pass in accordance with the direction of the traffic police; in the absence of traffic signals on the road, they shall pass under the principle of ensuring safety and smooth flow.
Article 39 The public security organs of the traffic management department in accordance with the specific conditions of the road and traffic flow, motor vehicles, non-motorized vehicles, pedestrians can take diversion, restriction of passage, prohibition of passage and other measures. In the event of large-scale mass activities, extensive construction and other circumstances, the need to take measures to restrict traffic, or make decisions directly related to the public's road traffic activities, shall be announced to the community in advance.
Article 40 In the event of natural disasters, adverse weather conditions or major traffic accidents and other serious impact on traffic safety, other measures to ensure traffic safety is difficult, the public security organs of the traffic management department may implement traffic control.
Article 41 The State Council shall prescribe other specific provisions on road traffic.
Article 42 A motor vehicle traveling on a road shall not exceed the maximum speed indicated by a speed limit sign. On roads where there is no speed limit sign, a safe speed shall be maintained.
Driving at night or on dangerous roads, as well as in the event of dust, hail, rain, snow, fog, icing and other meteorological conditions, shall reduce the driving speed.
Article 43 The same lane traveling motor vehicles, the rear should be with the front car to maintain a safe distance enough to take emergency braking measures. Overtaking shall not be permitted in any of the following cases:
If the rear of the vehicle in front is hit by the rear of the vehicle in front, the vehicle A shall be held fully responsible
(1) The vehicle in front is making a left turn, making a U-turn, or overtaking the vehicle in front.
(2) If there is a possibility of meeting with the oncoming car.
(c) The front car is a police car, fire truck, ambulance, engineering rescue vehicle to perform emergency tasks.
(D) traveling through railroad crossings, intersections, narrow bridges, curves, steep slopes, tunnels, pedestrian crossings, urban traffic flow and other roads without overtaking conditions.
Article 44 motor vehicles through the intersection, shall be in accordance with traffic signals, traffic signs, traffic markings or traffic police through the command; through no traffic signals, traffic signs, traffic markings or traffic police command of the intersection, shall slow down and slow down, and let the pedestrians and the priority of the vehicle first.
Article 45 A motor vehicle shall not overtake or occupy the opposite lane, or cut through waiting vehicles, when the vehicle in front of it stops and waits in line or is moving slowly.
When a motor vehicle encounters a stopping queue or is moving slowly on a road section or intersection with fewer lanes, or at an intersection where there are no traffic signals, traffic signs, traffic markings or traffic police command, the motor vehicle shall pass through alternately in sequence.
Article 46 When passing through a railroad crossing, motor vehicles should be in accordance with traffic signals or management personnel; no traffic signals or management personnel, they should slow down or stop, after confirming the safety of the passage.
Overtaking the car in front of the car is turning left, A car is fully responsible
Article 47 When a motor vehicle passes through a pedestrian crossing, it shall slow down; in case of pedestrians are passing through the pedestrian crossing, it shall stop and give way.
When a motor vehicle is traveling on a road without a traffic signal, it shall yield to a pedestrian crossing the road.
Article 48 The motor vehicle load should be in line with the approved mass, overloading is strictly prohibited; the length, width and height of the load shall not be contrary to the loading requirements, shall not be spilled, scattered carriers.
Motor vehicles carrying overloaded non-disintegrable items, affecting traffic safety, shall be in accordance with the public security organs of the traffic management department designated time, route, speed, hanging obvious signs. Carrying over-limit non-disintegrable items on the highway, and shall be implemented in accordance with the provisions of the Highway Law.
Motor vehicles carrying explosives, flammable and explosive chemicals and highly toxic, radioactive and other dangerous goods, shall be approved by the public security organs, according to the designated time, route, speed, hanging warning signs and take the necessary safety measures.
Article 49 Motor vehicles shall not carry more than the authorized number of people, passenger motor vehicles shall not violate the provisions of the load.
Article 50 It is prohibited for freight motor vehicles to carry passengers.
Freight motor vehicles need to be attached to the operator, shall set up safety measures to protect the operator.
Article 51 of the motor vehicle driving, the driver, the rider shall be required to use seat belts, motorcycle drivers and riders should be required to wear safety helmets.
Overtaking the car in front of the car is turning around, A car is fully responsible
Article 52 The motor vehicle malfunctioned on the road, the need to stop to eliminate the fault, the driver shall immediately turn on the hazardous alarm flashing lights, the motor vehicle will be moved to a place that does not interfere with the traffic parked; difficult to move, it should be continued to turn on the hazardous alarm flashing lights, and set up in the direction of the oncoming traffic, such as warning signs and other measures to expand the warning Distance, if necessary, quickly call the police.
Article 53 When a police car, fire engine, ambulance or engineering rescue vehicle carries out an emergency task, it may use sirens and sign lamps; under the premise of ensuring safety, it is not subject to the limitations of the route, direction, speed and signals, and other vehicles and pedestrians shall give way to it.
Police vehicles, fire engines, ambulances, engineering rescue vehicles are not performing emergency tasks, may not use the siren, sign lamps and lanterns, do not enjoy the right of priority on the road as stipulated in the preceding paragraph.
Article 54 When road maintenance vehicles and engineering operation vehicles carry out their operations, their routes and directions are not restricted by traffic signs and markings without affecting the traffic of passing vehicles, and passing vehicles and persons shall pay attention to avoiding them.
Sprinklers, sweepers and other motorized vehicles shall operate in accordance with safe operating standards; without affecting the traffic of other vehicles, they may not be subject to the restriction of lane splitting of vehicles, but they shall not be allowed to drive in the opposite direction.
Article 55 The passage of tractors is prohibited on highways and roads in the central urban areas of large and medium-sized cities. Other roads where the passage of tractors is prohibited shall be regulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government in accordance with the local actual situation.
On the roads where tractors are allowed to pass, tractors may be engaged in freight transportation, but may not be used to carry people.
Article 56 Motor vehicles shall be parked at prescribed places. It is prohibited to park motor vehicles on sidewalks; however, except for parking spaces designated in accordance with the provisions of Article 33 of this Law.
Temporary parking on roads shall not obstruct the passage of other vehicles and pedestrians.
Article 57 Driving a non-motorized vehicle on the road shall comply with the provisions on traffic safety. Non-motorized vehicles shall be driven in non-motorized lanes; on roads without non-motorized lanes, they shall be driven on the right side of the carriageway.
Article 58 The maximum speed of motorized wheelchairs and electric bicycles for the disabled shall not exceed fifteen kilometers per hour when they are driven in non-motorized lanes.
Article 59 Non-motorized vehicles shall be parked in the prescribed places. Where no parking place is provided, the parking of non-motorized vehicles shall not obstruct the passage of other vehicles and pedestrians.
Article 60 When driving an animal-drawn vehicle, a tame animal shall be used; when driving an animal-drawn vehicle across a road, the driver shall get out of the vehicle and pull the animal; when the driver leaves the vehicle, the animal shall be tethered.
Article 61 Pedestrians shall walk on sidewalks, and if there are no sidewalks, they shall walk by the side of the road.
Article 62 Pedestrians passing through an intersection or crossing a road shall use a crosswalk or crossing facilities; passing through a crosswalk with traffic signals shall pass in accordance with the instructions of the traffic signals; passing through an intersection with no traffic signals, crosswalks, or crossing a road in a section with no crossing facilities shall pass after confirming their safety.
Pedestrian signs
Article 63 Pedestrians shall not cross or sit on the road isolation facilities, or pickpocket cars, forcibly stopping cars or other acts that impede road traffic safety.
Article 64 Children of pre-school age, as well as mentally ill or mentally handicapped persons who cannot recognize or control their own behavior shall be led by their guardians, persons entrusted by their guardians, or by persons who have the responsibility for their management and protection.
Blind people shall use a cane or other means of guidance when traveling on the road, and vehicles shall avoid blind people.
Article 65 Pedestrians passing through railroad crossings shall pass in accordance with traffic signals or the direction of management personnel; if there are no traffic signals or management personnel, they shall pass through quickly after confirming that no train is approaching.
Article 66 Riders shall not carry flammable and explosive or other dangerous objects, shall not throw objects out of the vehicle, and shall not behave in a way that affects the safe driving of the driver.
Article 67 Pedestrians, non-motorized vehicles, tractors, wheeled special-purpose machinery vehicles, articulated buses, fully trailered trailers and other motor vehicles designed for a maximum speed of less than seventy kilometers per hour shall not be permitted to enter the expressway. The maximum speed indicated by the speed limit sign on the highway shall not exceed one hundred and twenty kilometers per hour.
Article 68 When a motor vehicle breaks down on a highway, it shall be handled in accordance with the relevant provisions of Article 52 of this Law; however, a warning sign shall be set up one hundred and fifty meters away from the direction of the breaking down vehicle, and the persons in the vehicle shall be quickly transferred to the right shoulder of the road or to the emergency lane, and shall quickly call the police.
Motor vehicles on the highway breakdown or traffic accidents, can not drive normally, should be towed by the rescue vehicle, clearing vehicle towing, traction.
Article 69 No unit or individual shall stop and inspect a moving vehicle on a highway, except for the people's police of the public security organs performing urgent official duties according to law.
Chapter V Traffic Accident Handling
Article 70 In the event of a traffic accident on the road, the driver of the vehicle shall immediately stop to protect the scene; resulting in personal injury or death, the driver of the vehicle shall immediately rescue the injured and promptly report to the traffic police or public security organs of the traffic management department on duty. Rescuing injured persons due to changes in the scene, the location should be marked. Riders, drivers of passing vehicles, passers-by should be assisted.
Traffic accidents on the road, did not cause injury or death, the parties to the facts and causes of no dispute, you can immediately withdraw from the scene, restore traffic, their own negotiation to deal with damages; do not immediately withdraw from the scene, should be promptly reported to the traffic police or public security organs of the traffic management department on duty.
Traffic accidents on the road, causing only minor property damage, and the basic facts are clear, the parties shall first withdraw from the scene and then negotiate.
Seventy-one vehicle traffic accidents escape, the accident scene witnesses and other informed persons shall report to the public security organs of the traffic management department or traffic police. Reporting is true, the public security organs of the traffic management department shall be rewarded.
Article 72 The public security organs of the traffic management department receives the traffic accident alarm, shall immediately send traffic police to the scene, the first organization to rescue the injured, and take measures to restore traffic as soon as possible.
The traffic police shall investigate and inspect the scene of the traffic accident and collect evidence; because of the need to collect evidence, the accident vehicle may be detained, but it shall be properly stored for verification.
The physical and mental condition of the parties involved in the more specialized tests, the public security organs of the traffic management department shall commission a specialized agency for identification. Identification shall be signed by the appraiser.
Article 73 The public security organs of the traffic management department shall, according to the traffic accident scene investigation, inspection, investigation and relevant tests, appraisal conclusions, and timely production of traffic accidents, as evidence to deal with traffic accidents.
Road traffic accident certificate
The traffic accident certificate shall set out the basic facts of the traffic accident, the causes and responsibilities of the parties, and sent to the parties.
Article 74 Disputes over damages in traffic accidents, the parties concerned may request the traffic management department of the public security organs to mediate, or may bring a civil lawsuit directly to the people's court.
After the mediation of the traffic management department of the public security organs, the parties have not reached an agreement or do not fulfill the mediation after the entry into force of the mediation letter, the parties may file a civil lawsuit to the people's court.
Article 75 The medical institutions shall rescue the injured in traffic accidents in a timely manner, shall not be delayed due to the rescue costs are not paid in a timely manner. If the vehicle involved in the accident participates in the compulsory insurance of the third party liability of motor vehicles, the insurance company shall pay the rescue expenses within the limit of liability; if the rescue expenses are more than the limit of liability, and if the vehicle does not participate in the compulsory insurance of the third party liability of motor vehicles or if the vehicle has escaped from the scene of the accident, the social relief fund for road traffic accidents shall advance part or all of the rescue expenses, and the administrative organization of the social relief fund for road traffic accidents has the right to recover the compensation from the person who is liable for the traffic accident. The administrative organization of the road traffic accident social assistance fund has the right to recover from the person responsible for the traffic accident.
Article 76 If a motor vehicle is involved in a traffic accident resulting in personal injury or death or property damage, the insurance company shall pay compensation within the liability limit of the compulsory motor vehicle third-party liability insurance; the shortfall shall be borne in accordance with the following provisions:
(1) In the event of a traffic accident between motor vehicles, the party at fault shall bear the compensation responsibility; if both parties are at fault, the compensation responsibility shall be borne in accordance with the proportion of the fault of each party. Both parties are at fault, in accordance with the proportion of their respective faults to share the responsibility.
(2) motor vehicles and non-motorized drivers, pedestrians, traffic accidents between non-motorized drivers, pedestrians are not at fault, by the motor vehicle party to bear the responsibility for compensation; there is evidence to prove that non-motorized drivers, pedestrians are at fault, according to the degree of fault, appropriate to mitigate the motor vehicle party's responsibility for compensation; motor vehicles are not at fault, not more than ten percent of the responsibility for compensation.
The traffic accident damage is caused by non-motorized drivers, pedestrians intentionally collision motor vehicles, motor vehicles do not bear the liability.
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