Article 1 This Law is enacted for the purpose of maintaining the order of road traffic, preventing and reducing traffic accidents, protecting personal safety, protecting the property safety and other legitimate rights and interests of citizens, legal persons and other organizations, and enhancing the efficiency of passage.
Second Article Vehicle drivers, pedestrians, riders, as well as units and individuals related to road traffic activities within the territory of the People's Republic of China*** and the State shall abide by this Law.
Article 3 Road traffic safety work shall follow the principles of management in accordance with the law and convenience for 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, 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
Section 1: Motorized Vehicles and Non-Motorized Vehicles
Article 8 The State shall implement a registration system for motorized vehicles. Motor vehicles can be driven on the road only after they have been registered by the traffic management departments of the public security organs. If a motor vehicle that has not yet been registered needs to travel on the road temporarily, it shall obtain a temporary license plate.
Article 9 Application for registration of motor vehicles shall be submitted to the following certificates and vouchers:
(1) the identity of the owner of the motor vehicle;
(2) proof of the origin of the motor vehicle;
(3) motor vehicle factory certificates of conformity or import certificates of imported motor vehicles;
(4) proof of completion of the purchase tax or tax exemption vouchers;
(E) laws and administrative regulations shall be submitted at the time of registration of motor vehicles and other certificates and vouchers.
To meet the conditions of the preceding paragraph, the public security organs of the traffic management department shall, within five working days from the date of acceptance of the application to complete the review of motor vehicle registration, issue motor vehicle registration certificates, license plates and driving licenses; does not meet the conditions of the preceding paragraph, shall promptly explain to the applicant the reasons for not registering.
No unit or individual other than the traffic management department of the public security organs shall issue a motor vehicle number plate 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, by the national motor vehicle product authorities based on the motor vehicle national safety and technical standards 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 motor vehicle national safety and technical standards, 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.
The number plate of a motor vehicle shall be hung in accordance with the provisions of the motor vehicle and kept clear and complete, and shall not be intentionally obscured or defaced.
No unit or individual shall collect or withhold the motor vehicle number plate.
Article 12 of the following circumstances, shall be registered:
(a) the transfer of ownership of motor vehicles;
(b) motor vehicle registration changes;
(c) motor vehicles used as collateral;
(d) motor vehicles scrapped.
Article XIII of the registration of motor vehicles on the road, shall 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. Specific measures shall be prescribed 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 retirement system for motor vehicles, according to the safety and technical condition of motor vehicles and different uses, the provisions of different retirement standards.
Motor vehicles should be scrapped must be promptly registered for cancellation.
Motor vehicles that have reached the end-of-life standard shall not be allowed to travel 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 painted in accordance with the provisions of the logo pattern, the 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 features of the motor vehicle has been registered;
(2) change the motor vehicle model, engine number, frame number or vehicle identification code;
(3) forged, altered, or the use of counterfeit, altered motor vehicle registration certificate, number plate, driving license, vehicle identification code;
(3) counterfeit, altered or use of counterfeit, altered motor vehicle registration certificate, number plate, license plate, driving license, vehicle identification code. Certificate, number plate, license plate, inspection mark, insurance mark;
(d) the use of other motor vehicle registration certificate, number plate, license plate, inspection mark, insurance mark.
Article 17 The State shall implement a compulsory third-party liability insurance system for motor vehicles and establish 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 accordance with 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.
Section II motor vehicle drivers
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 prescribed by the public security department of the State Council; after passing the examination, the traffic management department of the public security organs shall issue a motor vehicle driver's license of the corresponding category.
Holders of foreign motor vehicle driver's licenses shall meet the driving permit conditions stipulated by the public security department of the State Council; after passing the examination by the traffic management department of the public security organs, they may be issued with Chinese motor vehicle driver's licenses.
Drivers shall drive motor vehicles in accordance with the permitted driving type stated on the license; when driving a motor vehicle, they shall carry the motor vehicle driver's license with them.
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 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.
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 standards.
No one shall drive a motor vehicle if he or she has consumed alcohol, taken state-controlled psychotropic or narcotic drugs, or suffers from a disease that hinders safe driving of a motor vehicle, or is overly fatigued to the extent that it interferes with safe driving.
No one shall force, instruct or condone a driver to drive a motor vehicle in violation of road traffic safety laws and regulations and the requirements for safe driving of motor vehicles.
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 examination.
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 points reached the required points of motor vehicle drivers, detain the motor vehicle driver's license, traffic safety laws and regulations for its education, re-examination; test passes, the return of its motor vehicle driver's license.
To comply with road safety laws and regulations, no cumulative points within one year of the motor vehicle driver, you can extend the motor vehicle driver's license examination period. 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.
Road traffic signals include traffic signals, traffic signs, traffic markings and the direction of traffic police.
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, should be added in a timely manner, switching, updating traffic signals. Add, replace, update the restrictive traffic signals, should be announced to the community in advance, widely publicized.
Article 26 The traffic signal consists of a red light, green light, yellow light. 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, destroy 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 of the road has 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 shall 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 divert 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 construction, or if a pipeline facility is erected or added across or through a road, prior consent shall be obtained from the competent road department; if the traffic safety is affected, the consent of the traffic management department of the public security organ 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, alteration, 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 altered or expanded; put into use 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
Section I. General Regulations
Article 35 Motorized and non-motorized vehicles shall pass on the right side.
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.
Article 37 If a road is divided into special lanes, only the specified vehicles are allowed to pass in the special lanes, and other vehicles are not allowed to enter the special lanes.
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.
Section 2: Regulations on the Movement of Motor Vehicles
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. One of the following circumstances, may not overtake:
(a) the car in front of the left turn, U-turn, overtaking;
(b) with the opposite side of the oncoming traffic may be met;
(c) the car in front of the police car, fire trucks, ambulances, engineering rescue vehicles to carry out 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 A motor vehicle passing through an intersection shall pass in accordance with traffic signals, traffic signs, traffic markings or the direction of the traffic police; when passing through an intersection where there are no traffic signals, traffic signs, traffic markings or the direction of the traffic police, it shall slow down and allow pedestrians and priority vehicles to pass 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 when it is moving slowly.
In a road section or intersection where the number of lanes is reduced, or at an intersection where there are no traffic signals, traffic signs, traffic markings or traffic police to direct the stopping of vehicles waiting in line or moving slowly, motor vehicles shall pass through alternately in order.
Article 46 When passing through a railroad crossing, motor vehicles shall pass in accordance with traffic signals or management personnel; in the absence of traffic signals or management personnel to direct, shall slow down or stop, after confirming the safety of the passage.
Article 47 When a motor vehicle passes through a crosswalk, it shall slow down; when a pedestrian is passing through the crosswalk, it shall stop and give way.
Motor vehicles shall avoid pedestrians crossing the road without traffic signals.
Article 48 The load of a motor vehicle shall be in accordance with the authorized mass, overloading is strictly prohibited; the length, width and height of the load shall not be in violation of the loading requirements, and shall not be spilled, scattered loads.
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 When a motor vehicle is in motion, the driver and passengers shall use seat belts in accordance with the regulations, and motorcycle drivers and passengers shall wear safety helmets in accordance with the regulations.
Article 52 The motor vehicle malfunction on the road, need to stop to remove the fault, the driver shall immediately turn on the hazardous alarm flashers, the motor vehicle will be moved to a place that does not interfere with the traffic; difficult to move, should continue to turn on the hazardous alarm flashers, and in the direction of the oncoming traffic to set up warning signs and other measures to expand the warning distance, and, if necessary, quickly call the police.
Article 53 When a police car, fire engine, ambulance, engineering rescue vehicle performs an emergency task, it can use sirens and sign lamps; under the premise of ensuring safety, it is not subject to the restrictions of driving route, driving direction, driving speed and signal lights, and other vehicles and pedestrians shall give way.
Police vehicles, fire engines, ambulances, engineering rescue vehicles are not allowed to use sirens, signs and lamps when they are not carrying out emergency tasks, and they do not enjoy the priority of road access 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 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 actual situation in the locality.
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.
Section 3: Provisions for Non-Motorized Vehicles
Article 57 Driving a non-motorized vehicle on a 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.
Section IV: Pedestrians and Vehicle Occupants
Article 61: Pedestrians shall walk within the 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 on a section with no crossing facilities shall pass after confirming safety.
Article 63 Pedestrians shall not cross or sit on the road isolation facilities, or pickpocket cars, forcibly stopping cars or other acts that impede the safety of road traffic.
Article 64 Children of pre-school age, as well as persons suffering from mental diseases or mentally retarded persons who cannot recognize or control their own behavior shall be led by their guardians, persons entrusted by them or 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 abide by the railroad crossing signals and obey the management personnel. If there are no railroad crossing signals and management personnel, they shall pass quickly after confirming that no train is approaching.
Article 66 Riders shall not carry flammable and explosive or other dangerous objects, throw objects out of the vehicle, or behave in a way that affects the safe driving of the driver,
Section V Special Provisions for Highways
Article 67 Pedestrians, non-motorized vehicles, tractors, wheeled special-purpose mechanical vehicles, articulated buses, full-trailer trailers, and other motor vehicles with designed maximum speeds of less than Seventy kilometers of motor vehicles shall not enter the highway. The maximum speed indicated on the speed limit sign of 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 to perform urgent official duties according to law.
Chapter V Traffic Accident
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 injuries and deaths, 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 casualties, 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 on-duty traffic police or the public security organs of the traffic management department.
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 a road 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; due to 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 of the public security organs of the traffic management department shall be based on the traffic accident scene investigation, inspection, investigation and the relevant test, appraisal conclusions, and timely production of traffic accidents, as evidence to deal with traffic accidents. Traffic accident certificate shall contain the basic facts of the traffic accident, the reasons for the formation and the responsibility of the parties involved, and sent to the parties.
Article 74 of the road traffic accident damage compensation dispute, the parties may request the public security organs of the traffic management department mediation, or directly to the people's court civil litigation.
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, and shall not delay the rescue treatment due to the failure to pay the rescue expenses 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 shall have 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 third-party liability insurance of the motor vehicle. The portion exceeding the liability limit shall be liable for compensation in the following manner:
(1) Where a traffic accident occurs between motor vehicles, the party at fault shall be held liable; where both parties are at fault, the liability shall be shared in proportion to their respective faults.
(2) motor vehicles and non-motorized drivers, pedestrians, traffic accidents between the motor vehicle party responsible; however, there is evidence to prove that non-motorized drivers, pedestrians, violation of road safety laws and regulations, and the motor vehicle driver has taken the necessary measures to deal with the motor vehicle party to reduce the responsibility.
Traffic accident damage is caused by non-motorized drivers, pedestrians intentionally, the motor vehicle is not responsible.
Article 77 If an accident occurs when a vehicle passes off the road and the traffic management department of a public security organ receives a report, it shall be handled with reference to the relevant provisions of this Law.
Chapter VI Supervision of Law Enforcement
Article 78 The traffic management departments of the public security organs shall strengthen the management of the traffic police and improve the quality of the traffic police and the level of management of road traffic.
The public security organs of the traffic management department shall traffic police for the legal system and traffic safety management business training and assessment. Traffic police officers who fail the examination shall not be allowed to perform their duties.
Article 79 The public security organs of the traffic management department and its traffic police to implement road traffic safety management, shall be based on legal powers and procedures, simplify the procedures, fair, strict, civilized and efficient.
Article 80 The traffic police in the performance of their duties, shall be dressed in accordance with the provisions of the People's Police, wearing the People's Police logo, hold the People's Police documents, to maintain the police appearance, demeanor, and command standardized.
Article 81 In accordance with this Law, the issuance of license plates, etc. to collect the cost of work, shall strictly enforce the price of the State Council department in charge of the fees approved by the State Council, and all of which shall be paid into the state treasury.
Article 82 of the public security organs of the traffic management department in accordance with the implementation of the administrative penalty of fines, shall be in accordance with relevant laws and administrative regulations, the implementation of the decision to impose fines and fines are separated from the collection; collection of fines and confiscated in accordance with the law of the proceeds of the violation of the law, shall be fully paid into the state treasury.
Article 83 Traffic police investigating and dealing with road traffic safety violations and traffic accidents, there are one of the following circumstances, shall be recused:
(a) is a party to the case or the party's close relatives;
(b) I or my close relatives have an interest in the case;
(c) and the parties to the case have other relationships that may affect the fair handling of the case. the fair handling of the case.
Article 84 The public security organs and traffic management departments and their traffic police administrative law enforcement activities, shall be subject to the supervision of the administrative supervisory organs in accordance with the law.
The supervisory departments of the public security organs shall supervise, in accordance with law, the implementation of laws and regulations and the observance of discipline by the traffic management departments of the public security organs and their traffic police.
Superior public security organs traffic management departments shall supervise the law enforcement activities of the lower public security organs traffic management departments.
Article 85 The traffic management departments of public security organs and their traffic police in the performance of their duties, must consciously accept the supervision of society and citizens.
Any unit or individual has the right to report or accuse the traffic management departments of public security organs and their traffic police of not strictly enforcing the law and violating discipline. Receive the report, the authorities shall, in accordance with their duties to investigate and deal with in a timely manner.
Article 86 No unit may issue or disguise a fine target to the traffic management department of a public security organ;