New Traffic Laws and Regulations April 1, 2010 Full Text:
Decision of the Ministry of Public Security on the Revision (Ministry of Public Security Decree No. 111)
Chinese People's **** and the State of the Ministry of Public Security Decree
No. 111
The Decision of the Ministry of Public Security on the Revision has been adopted by the Ministerial Conference of the Ministry of Public Security on November 21, 2009, is hereby promulgated and shall be implemented from April 1, 2010 onwards. It is hereby promulgated and shall come into force on April 1, 2010.
Decision of the Ministry of Public Security on Amending the Regulations on the Application and Use of Motor Vehicle Driving Licenses
In order to further facilitate the disabled to travel by automobile, and to improve the management system of motor vehicle driving licenses, the Ministry of Public Security has decided to make the following amendments to the Regulations on the Application and Use of Motor Vehicle Driving Licenses:
One, after the three-wheeled vehicles in Article 8, add " Small automatic passenger vehicles for the exclusive use of persons with disabilities".
Second, Article 11, item 1, subparagraph 1, is amended to read: "Those who apply for permitted driving licenses for small automobiles, small automatics, small automatic passenger cars for the disabled, and mopeds shall be above 18 years old and below 70 years old."
The second item, item 4, was amended to read: "Hearing: both ears are 50 centimeters away from the tuning fork can identify the direction of the sound source. Hearing impaired but wearing hearing aids can meet the above conditions, you can apply for a small car, small automatic transmission car type of motor vehicle driving license." Item 5 is amended to read: "Upper limbs: both thumbs are sound, three of the other fingers of each hand must be sound, and the limbs and fingers have normal motor functions. However, if the end joints of the fingers are mutilated or the thumb of the right hand is missing, one may apply for a motor vehicle driver's license for the permit type of a small automobile or a small automatic transmission automobile." Item 6 is amended to read: "Lower limbs: both lower limbs are sound and have normal motor function, and the unequal length shall not be greater than 5 centimeters. However, if the left lower limb is missing or has lost its motor function, one may apply for a motor vehicle driver's license for the permitted driving type of small automatic transmission vehicles. If the right lower limb or both lower limbs are missing or have lost motor function but are able to sit and stand on their own, they may apply for a motor vehicle driver's license of the permit type of a small automatic transmission passenger vehicle for persons with disabilities."
Third, Article 13 was amended to read: "The first-time applicant for a motor vehicle driver's license can apply for a permit to drive a city bus, large trucks, small cars, small automatic vehicles, low-speed trucks, three-wheeled vehicles, small automatic passenger vehicles for persons with disabilities, three-wheeled motorcycles, two-wheeled motorcycles, mopeds, wheeled self-propelled vehicles, trolley buses, and wheeled self-propelled vehicles. mechanical vehicles, trolley buses and streetcars.
If you apply for a motor vehicle driver's license for the first time in your place of temporary residence, you may apply for a motor vehicle driver's license with the permitted driving type of small car, small automatic transmission vehicle, low-speed goods vehicle, three-wheeled vehicle, small automatic transmission passenger vehicle for the disabled, ordinary three-wheeled motorcycle, ordinary two-wheeled motorcycle, moped."
Fourth, amend the second paragraph of Article 14 to read: "The additional permitted driving types that can be applied for in the place of temporary residence are small cars, small automatic transmission cars, low-speed cargo vehicles, three-wheeled vehicles, ordinary three-wheeled motorcycles, ordinary two-wheeled motorcycles, and moped motorcycles."
V. Article 18, paragraph 2, was amended to read: "County or army regiment level or higher medical institutions issued by the relevant physical condition of the certificate. Belonging to the application for driving a small automatic passenger car for the disabled, shall submit a certificate on physical conditions issued by a specialized medical institution designated by the provincial health department."
Sixth, the first paragraph of Article 26 was amended to read: "apply for small cars, small automatic transmission vehicles, low-speed goods vehicles, three-wheeled vehicles, small automatic transmission passenger cars for the disabled, wheeled self-propelled vehicles, trolley buses, trams, tram permitted to drive in obtaining the driving skills test certificate for a full ten days after the appointment for the test. "
Seven, the first paragraph of Article 27 was amended to read: "low-speed goods vehicles, three-wheeled vehicles, wheeled self-propelled mechanical vehicles, trolley buses, trams, trams permit driving type, in the driving skills to obtain a driving permit full twenty days after the booking of the test."
Revise the second item to read: "Those who apply for the permit-driving type of small automobiles, small automated vehicles, and small automated passenger vehicles for persons with disabilities shall make an appointment to take the test after thirty days of obtaining the permit-driving skill test."
Eight, Article 35, paragraph 3, was amended to read: "county or army regiment level or higher medical institutions issued by the relevant physical condition of the certificate. Belonging to the application for driving a small automatic passenger car for the disabled, shall submit a certificate of relevant physical conditions issued by a specialized medical institution designated by the provincial health department."
9, in Article 38 after the addition of an article as Article 39: "motor vehicle driver physical conditions change, does not meet the conditions of the motor vehicle driver's license permit to drive, but in line with the conditions of other permitted to drive, should be within thirty days to the motor vehicle driver's license issued by the Vehicle Management Institute to apply for a reduction in the permitted driving type. Application should fill out the "motor vehicle driver's license application form" and submit the motor vehicle driver's identity card, motor vehicle driver's license, county or army regiment level or above, the medical institutions issued by the physical condition of the certificate.
Motor vehicle driver physical conditions change, does not meet the provisions of Article 11, paragraph 2, or with one of the circumstances set out in Article 12, is not suitable for driving a motor vehicle, should be within thirty days to the motor vehicle driver's license issued by the Vehicle Management Institute to apply for cancellation. The application shall be completed "motor vehicle driver's license application form", and submit the motor vehicle driver's identity card and motor vehicle driver's license.
Motor vehicle drivers who are physically unfit to drive a motor vehicle shall not drive a motor vehicle."
X. Article 39 is changed to Article 40 and amended to read: "The Vehicle Administration Office shall exchange the motor vehicle driver's license within three days for one that complies with the provisions of Article 35 to Article 38 and the first paragraph of Article 39. For those who meet the provisions of Article 39 (2), the motor vehicle driver's license shall be canceled within three days. Among them, the original motor vehicle driver's license shall also be withdrawn for those meeting the provisions of Articles 36 to 39."
Xi. Article 40 shall be changed to Article 41, and three paragraphs shall be added as the third, fourth and fifth paragraphs:
"After a motor vehicle driver receives a replacement motor vehicle driver's license, the original motor vehicle driver's license shall be invalidated and shall not be used further.
Motor vehicle driver's license has been seized, detained or suspended period of time, the motorist shall not apply for a replacement.
Motor vehicle drivers in violation of the provisions of paragraph 3 of this article continue to use the original motor vehicle driver's license, by the public security organs of the traffic management department of a fine of twenty yuan or more than two hundred yuan, and retrieve the original motor vehicle driver's license. A motor vehicle driver who violates the provisions of Paragraph 4 of this Article and uses concealment or deception to obtain a replacement motor vehicle driver's license shall be fined by the traffic management department of the public security organ at a rate of not less than two hundred yuan and not more than five hundred yuan, and the replacement motor vehicle driver's license shall be withdrawn."
Twelve, Article 41 was changed to Article 51, and amended to read: "Motor vehicle drivers can appoint agents to act as agents of motor vehicle driver's license renewal, replacement, submission of proof of physical condition, extension of processing and cancellation of business. When an agent applies for a motor vehicle driver's license business, he or she shall submit the agent's proof of identity and the motor vehicle driver and the agent *** with the signature of the Motor Vehicle Driver's License Application Form or proof of physical condition."
Thirteen, Article 42, paragraph 1, subparagraph 6, was amended to read: "age 60 years old or older, within one year after the end of a demerit cycle did not submit proof of physical condition; or hold a large passenger car, tractor-trailer, city bus, medium-sized bus, large trucks, trolley buses, trams, tram quasi-drivers, within one year after the end of the two demerit cycles did not Submit a certificate of physical condition; or hold a permitted driving type of small automatic passenger car for the disabled and fail to submit a certificate of physical condition within one year after the end of three demerit point cycles."
An additional paragraph is added to Article 42 as the third paragraph: "If a motor vehicle driver's license is canceled for one of the circumstances in items 5 and 6 for not more than two years, the driver may be reinstated to the driving qualification after he passes the first subject of the motor vehicle driver's examination."
Fourteen, in Article 47 after the addition of an article as Article 48: "Vehicle Management Office for the replacement of motor vehicle driver's license, the motor vehicle driver's license shall be examined. Motor vehicle drivers have one of the following circumstances, will not be issued a new motor vehicle driver's license: (a) road safety violations have not been dealt with; (b) physical conditions do not meet the conditions of the driving permit; (c) in a demerit points in a cycle of points up to 12 points did not accept the road traffic safety laws, regulations and related knowledge education, examination."
Fifteen, Article 48 was changed to Article 49, and amended to read: "motor vehicle drivers aged 60 years or older, shall undergo an annual physical examination, within fifteen days after the end of the demerit points cycle, to submit a certificate issued by a medical institution at or above the county or regimental level of the army on the relevant physical conditions.
The driver of a motor vehicle with a permitted driving type of large bus, tractor, city bus, medium-sized bus, large truck, trolleybus, tram, shall undergo a physical examination every two years, within fifteen days after the end of the demerit points cycle, and submit a certificate of physical condition issued by a medical institution at or above the county or army regiment level.
The driver of a motor vehicle whose permitted driving type is a small automatic passenger vehicle for persons with disabilities shall undergo a physical examination every three years, and within fifteen days after the end of the demerit points cycle, submit a certificate concerning his physical condition issued by a specialized medical institution designated by the competent provincial health department."
Sixteen, after Article 48, add two articles as Article 50 and Article 52.
1, "Article 50
Motor vehicle drivers due to military service, go abroad (territory) and other reasons, can not be in the prescribed time for the expiration of the driver's license renewal, submit proof of physical condition, you can apply for an extension to the motor vehicle driver's license issued by the vehicle management office. Application should fill out the "motor vehicle driver's license application form" and submit the motor vehicle driver's identity card, motor vehicle driver's license and the extension of the cause of proof.
The extension period of up to three years. The motor vehicle driver shall not drive a motor vehicle during the extension period."
2, "Article 52 The driver of a motor vehicle whose permitted driving type is a small automatic passenger vehicle for persons with disabilities shall, when driving the motor vehicle, set a special sign for motor vehicles for persons with disabilities on the body of the vehicle in accordance with the regulations (Annex 7).
Hearing-impaired motor vehicle drivers shall wear hearing aids when driving motor vehicles."
Seventeen, Article 52 was changed to Article 56, and amended to read: "The meaning of the following terms in this provision:
(1) Proof of identity means:
1. The proof of identity of a resident is the Resident Identity Card or Temporary Resident Identity Card. In the temporary residence of the mainland residents of proof of identity, is the "resident identity card" or "temporary resident identity card", as well as the public security organs issued by the residence, temporary residence certificate;
2, active military personnel (including the armed police) of proof of identity, is the "resident identity card" or "temporary resident identity card". In the absence of "resident identity card" before, is issued by the relevant departments of the army "officer card", "civilian cadres card", "soldier card", "retirement certificate", "retirement certificate" and other valid military identity documents, as well as its regimental units above the level of the residence of the person issued by the unit;
3, Hong Kong, Macao Special Administrative Region residents of the proof of identity, is the "Hong Kong and Macao Residents Traveling to and from" or "Hong Kong and Macao Residents Traveling to and from", which is the entry to the mainland. Mainland Travel Permit" or "Hong Kong and Macao compatriot return permit", Hong Kong and Macao Special Administrative Region "resident identity card" and the public security organs issued by the residence, temporary residence certificate;
4, Taiwan residents of proof of identity, it is valid for more than three months of the public security organs issued by the Taiwan residents to travel to the mainland or the Ministry of Foreign Affairs issued by the "Chinese People's Republic of China and the State travel certificate" and the public security organs issued by the residence, temporary residence certificate. Public security organs issued by the residence, temporary residence certificate;
5, the identity of overseas Chinese, is the "People's Republic of China *** and the passport" and the public security organs issued by the residence, temporary residence certificate;
6, the identity of foreigners, is the passport or other travel documents held at the time of entry, the period of residence (stop) for more than three months of the validity of visas or residence permits, and public security organs issued by the accommodation registration certificate;
6, foreigners, is the passport or other travel documents, residence (stop) period of three months or more valid visa or residence permit, and the public security organs Proof of registration of accommodation issued by the public security authorities;
7. Proof of identity of the personnel of foreign embassies and consulates in China, and of the personnel of representative offices of international organizations in China, are valid identity documents issued by the Ministry of Foreign Affairs.
(2) Residential address means:
1. The residential address of a resident is that recorded in the Resident Identity Card or Temporary Resident Identity Card;
2. The residential address of an active-duty military personnel (including the Armed Police) is that recorded in the Resident Identity Card or Temporary Resident Identity Card. Before the issuance of the Resident Identity Card, it is the address recorded in the certificate of residence issued by the unit at or above the regimental level in which the soldier is serving;
3. The address of the overseas personnel is the address recorded in the certificate of residence, temporary residence or lodging issued by the public security authorities;
4. The address of the personnel of foreign embassies and consulates in China and of the personnel of the representative offices of international organizations in China is the address recorded in the valid identity document issued by the Ministry of Foreign Affairs. The address recorded in the identity document."
Eighteen, in Annex 1, after the ninth column "three-wheeled vehicles" to add a column as the tenth column: "the permitted driving type for disabled persons special small automatic passenger cars, code name C5, permitted to drive the vehicle for disabled persons special small, micro-automatic passenger cars, only allowed to drive the right lower limb or double lower limb disabled persons. double-limbed persons with disabilities to drive."
Nineteen, in Annex 2, after the small automatic transmission vehicles, add "small automatic transmission passenger vehicles for persons with disabilities".
Twentieth, Annex 3, "Road Traffic Safety Violations Points" to amend.
Twenty-one, in Annex 4, Article 1, add an item as the tenth item: "small automatic passenger vehicles for the disabled: retrofitted with relevant standards for persons with physical disabilities to drive the car's maneuvering aids, and the length of the vehicle is not less than 4 meters of small automatic passenger vehicles. Among them, the applicant for the right lower limb disability, the test car should be retrofitted with braking and acceleration delay control handle or braking and acceleration delay control pedal; applicants with double lower limb disability, the test car should be retrofitted with steering wheel control aids, braking and acceleration delay control handle, steering signal delay switch, or parked brake auxiliary handle."
In Annex 4, Article 2, after the small automatic transmission car to add "small automatic transmission passenger cars for people with disabilities".
Twenty-two, in Annex 5, after the small automatic automobile, add "small automatic passenger vehicles for the exclusive use of persons with disabilities".
Xxiii. An annex is added as Annex 7: "Sign for motor vehicles for persons with disabilities (Figure)."
Twenty-four, this decision shall come into force on April 1, 2010 .