Road Traffic Safety Law of the People's Republic of China
Encyclopedia
The Road Traffic Safety Law of the People's Republic of China is a law
which was passed by the National People's Congress
of the People's Republic of China
on October 28, 2003, promulgated by Decree No. 8 of the President of the PRC Hu Jintao
, and took effect on May 1, 2004 on all parts of mainland China
(but not in Hong Kong
and Macau
which have their own judicial systems.) It is the People's Republic of China
's first-ever law on road traffic safety, and was intended to address an alarmingly high traffic fatality
rate, which is four or five times greater than other nations.
Beijing
's own "implementation procedures" of the new traffic law was passed on October 22, 2004, after being the target of heavy controversy over the responsibilities of vehicle drivers and pedestrians, and a regulation limiting the lanes that can be used by novice drivers. These take effect on January 1, 2005.
According to Xinhua News Agency
, "police officers are also reluctant to pull over drivers of military vehicles even if the drivers are breaking the law" 16 June 2009, Chinese army, police seize thousands of fake military license plates, IDs.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
which was passed by the National People's Congress
National People's Congress
The National People's Congress , abbreviated NPC , is the highest state body and the only legislative house in the People's Republic of China. The National People's Congress is held in the Great Hall of the People, Beijing, capital of the People's Republic of China; with 2,987 members, it is the...
of the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
on October 28, 2003, promulgated by Decree No. 8 of the President of the PRC Hu Jintao
Hu Jintao
Hu Jintao is the current Paramount Leader of the People's Republic of China. He has held the titles of General Secretary of the Communist Party of China since 2002, President of the People's Republic of China since 2003, and Chairman of the Central Military Commission since 2004, succeeding Jiang...
, and took effect on May 1, 2004 on all parts of mainland China
Mainland China
Mainland China, the Chinese mainland or simply the mainland, is a geopolitical term that refers to the area under the jurisdiction of the People's Republic of China . According to the Taipei-based Mainland Affairs Council, the term excludes the PRC Special Administrative Regions of Hong Kong and...
(but not in Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
and Macau
Macau
Macau , also spelled Macao , is, along with Hong Kong, one of the two special administrative regions of the People's Republic of China...
which have their own judicial systems.) It is the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
's first-ever law on road traffic safety, and was intended to address an alarmingly high traffic fatality
Car accident
A traffic collision, also known as a traffic accident, motor vehicle collision, motor vehicle accident, car accident, automobile accident, Road Traffic Collision or car crash, occurs when a vehicle collides with another vehicle, pedestrian, animal, road debris, or other stationary obstruction,...
rate, which is four or five times greater than other nations.
Background
The new law has a number of focus points:- Under the new law, when accidentAccidentAn accident or mishap is an unforeseen and unplanned event or circumstance, often with lack of intention or necessity. It implies a generally negative outcome which may have been avoided or prevented had circumstances leading up to the accident been recognized, and acted upon, prior to its...
s occur between pedestrianPedestrianA pedestrian is a person traveling on foot, whether walking or running. In some communities, those traveling using roller skates or skateboards are also considered to be pedestrians. In modern times, the term mostly refers to someone walking on a road or footpath, but this was not the case...
s or non-motorised vehicleVehicleA vehicle is a device that is designed or used to transport people or cargo. Most often vehicles are manufactured, such as bicycles, cars, motorcycles, trains, ships, boats, and aircraft....
s and motor vehicles, except for the case where the pedestrian or the non-motorised vehicle deliberately causes the incident, the motorist must always bear responsibility. Responsibility for the motorist is reduced if the pedestrian or non-motorised side violated traffic laws.
- The new law enforces a vehicle insurance system. Insurance on motor vehicles is now compulsory instead of voluntary.
- It abolished a previous regulation which banned holders of driver's licences of the PRC driving rights on expresswaysControlled-access highwayA controlled-access highway is a highway designed exclusively for high-speed vehicular traffic, with all traffic flow and ingress/egress regulated...
until one year after they had held the licence.
- Expressway speed limitSpeed limitRoad speed limits are used in most countries to regulate the speed of road vehicles. Speed limits may define maximum , minimum or no speed limit and are normally indicated using a traffic sign...
s were increased from 110 km/h to 120 km/h.
- Even harsher penaltiesSanctions (law)Sanctions are penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules and regulations. Criminal sanctions can take the form of serious punishment, such as corporal or capital punishment, incarceration, or severe fines...
were put in place for drunk driving and driving by people who did not hold a valid driver's licence, or drove a vehicle without licence plates.
- Cases where drivers were speeding 50% in excess of the applicable speed limitSpeed limitRoad speed limits are used in most countries to regulate the speed of road vehicles. Speed limits may define maximum , minimum or no speed limit and are normally indicated using a traffic sign...
will result in the revocation of the driver's licence.
- The penalty for hit-and-runHit and run (vehicular)Hit-and-run is the act of causing a traffic accident , and failing to stop and identify oneself afterwards...
accidents is permanent revocation of one's driver's licence.
- The pre-existing point systemPoint systemA demerit point system is one in which a driver's licensing authority, police force, or other organization issues cumulative demerits, or points to drivers on conviction for road traffic offenses. Points may either be added or subtracted, depending on the particular system in use. A major offense...
for penalties was integrated into the new law.
- Penalties are now higher, from the former RMBRenminbiThe Renminbi is the official currency of the People's Republic of China . Renminbi is legal tender in mainland China, but not in Hong Kong or Macau. It is issued by the People's Bank of China, the monetary authority of the PRC...
200 up to RMB 2000. Also, provinces, municipalities and autonomous regions can only enact specific penalties within the given range. Previously, the nationwide maximum penalty was RMB 200, but areas like BeijingBeijingBeijing , also known as Peking , is the capital of the People's Republic of China and one of the most populous cities in the world, with a population of 19,612,368 as of 2010. The city is the country's political, cultural, and educational center, and home to the headquarters for most of China's...
and KunmingKunming' is the capital and largest city of Yunnan Province in Southwest China. It was known as Yunnan-Fou until the 1920s. A prefecture-level city, it is the political, economic, communications and cultural centre of Yunnan, and is the seat of the provincial government...
had enacted laws mandating penalties in the thousands of RMB.
Beijing
Beijing
Beijing , also known as Peking , is the capital of the People's Republic of China and one of the most populous cities in the world, with a population of 19,612,368 as of 2010. The city is the country's political, cultural, and educational center, and home to the headquarters for most of China's...
's own "implementation procedures" of the new traffic law was passed on October 22, 2004, after being the target of heavy controversy over the responsibilities of vehicle drivers and pedestrians, and a regulation limiting the lanes that can be used by novice drivers. These take effect on January 1, 2005.
According to Xinhua News Agency
Xinhua News Agency
The Xinhua News Agency is the official press agency of the government of the People's Republic of China and the biggest center for collecting information and press conferences in the PRC. It is the largest news agency in the PRC, ahead of the China News Service...
, "police officers are also reluctant to pull over drivers of military vehicles even if the drivers are breaking the law" 16 June 2009, Chinese army, police seize thousands of fake military license plates, IDs.