Chapter VII

Legal Responsibility

Article 87 The traffic control department of the public security organ and the traffic police shall, without delay, have the violations of the law on road traffic safety rectified.

The traffic control department of the public security organ and the traffic police shall, on the basis of facts and in accordance with the relevant provisions of this Law, impose punishment on violations of the law on road traffic safety. Where the circumstances are minor as not to impede road passage, they shall point out the violations and let the violators go after giving an oral warning.

Article 88 Punishments for violations of the law on road traffic safety include: disciplinary warning, fine, temporary suspension or revocation of motor vehicle driver’s license, and detention.

Article 89 Where a pedestrian, rider or driver of a non-motor vehicle violates the provisions governing road passage in laws and regulations on road traffic safety, he shall be given a disciplinary warning or be fined not less than RMB 5 yuan but not more than 50 yuan; and if the driver of non-motor vehicle refuses to accept the punishment of a fine, his non-motor vehicle may be distrained.

Article 90 Where the driver of a motor vehicle violates the provisions governing road passage in laws and regulations on road traffic safety, he shall be given a disciplinary warning or be fined not less than 20 yuan but not more than 200 yuan. Where there are other provisions in this Law, the punishment shall be meted out in accordance with those provisions.

Article 91 Where a driver drives a motor vehicle after drinking alcohol, his driver’s license shall be temporarily suspended for not less than one month but not more than three months and he shall, in addition, be fined not less than 200 yuan but not more than 500 yuan; and where a driver drives a motor vehicle after being drunk, he shall be restrained by the traffic control department of the public security organ until he is awake from drunkenness, and he shall be placed in detention for not more than 15 days, his driver’s license temporarily suspended for not less than three months but not more than six months, and he shall, in addition, be fined not less than 500 yuan but not more than 2,000 yuan.

Where a driver after drinking alcohol drives a commercial motor vehicle, his motor vehicle driver’s license shall be temporarily suspended for three months and he shall, in addition, be fined 500 yuan; and where a driver drives such a vehicle while intoxicated, he shall be restrained by the traffic control department of the public security organ until he is awake from drunkenness, he shall be placed in detention for not more than 15 days and his motor vehicle driver’s license shall be temporarily suspended for six months, and he shall, in addition, be fined 2,000 yuan.

Where a driver commits the acts of driving a motor vehicle while intoxicated, as provided for in the preceding two paragraphs, within one year and was punished twice and more, his motor vehicle driver’s license shall be revoked and he shall not be allowed to drive a commercial motor vehicle within five years.

Article 92 Where a highway passenger car carries passengers in excess of the specified number, a fine of not less than 200 yuan but not more than 500 yuan shall be imposed; and where the specified number is exceeded by 20 per cent or it carries cargo in violation of relevant regulations, a fine of not less than 500 yuan but not more than 2,000 yuan shall be imposed.

Where a cargo motor vehicle carries cargo in excess of the verified loading capacity, a fine of not less than 200 yuan but not more than 500 yuan shall be imposed; and where the verified loading capacity is exceeded by 30 per cent or the vehicle carries passengers in violation of relevant regulations, a fine of not less than 500 yuan but not more than 2,000 yuan shall be imposed.

Where the driver of a motor vehicle commits any of the acts mentioned in the preceding two paragraphs, the traffic control department of the public security organ shall distrain the motor vehicle until the violation is rectified.

If the driver of a vehicle of a transport institution violates the provisions in the first and second paragraph of this Article and fails to rectify after being punished, the person directly in charge shall be fined not less than 2,000 yuan but not more than 5,000 yuan.

Article 93 Where a driver violates the provisions governing the parking and temporary parking of motor vehicles, as stipulated in laws or regulations on road traffic safety, the violation may be pointed out, and the driver shall be given an oral warning and instructed to leave the place immediately.

Where the motor vehicle driver is not on the spot or, although on the spot, he refuses to drive away immediately, thus impeding the passage of other vehicles and pedestrians, he shall be fined not less than 20 yuan but not more than 200 yuan, and the vehicle may be towed to a place where it does not impede traffic or to a place designated by the traffic control department of the public security organ. The said department shall charge the party no fees for towing the vehicle and shall, without delay, inform the party of the place where the vehicle parks.

Where a motor vehicle is damaged due to an improper way of towing, the liability for compensation shall be borne according to law.

Article 94 Where the authority for safety and technical inspection of motor vehicles collects fees for such inspection in excess of the rates fixed by the department for pricing under the State Council, it shall return the part overcharged and shall be penalized by the department for pricing in accordance with the relevant provisions of the Pricing Law of the People’s Republic of China.

Where the authority for safety and technical inspection of motor vehicles fails to inspect motor vehicles in accordance with the safety and technical standards of the State for motor vehicles and produces false inspection results, the traffic control department of the public security organ shall impose on it a fine of not less than five times but not more than ten times the amount of the fees it collected for inspection and shall, in accordance with law, disqualify it for inspection. If a crime is constituted, it shall be investigated for criminal responsibility according to law.

Article 95 Where a motor vehicle running on roads is not hung with its number plate, stuck on with the inspection certificate or the insurance label, or the driver fails to bring along with him the motor vehicle license and the driver’s license, the traffic control department of the public security organ shall distrain the motor vehicle and inform the party of the need to provide the necessary plate, certificate, sticker and label or to go through the formalities to obtain them, and it may impose a punishment in accordance with the provisions of Article 90 of this Law. When the party provides the plate, certificate, sticker and label or has gone through the formalities mentioned, the motor vehicle shall be returned without delay.

Where the number plate of a motor vehicle is purposely covered, stained or damaged or is not installed as required by regulations, a punishment shall be imposed in accordance with the provisions of Article 90 of this Law.

Article 96 Where the certificate of registration, the number plate, the motor vehicle license, the sticker of inspection certificate or the insurance label of a motor vehicle or the driver’s license is falsified or counterfeited, or the ones falsified or counterfeited are used, or the certificate of registration, the number plate, the motor vehicle license, the sticker of inspection certificate or the insurance label of another motor vehicle is used, the traffic control department of the public security organ shall confiscate them or distrain the motor vehicle involved, and, in addition, impose a fine of not less than 200 yuan but not more than 2,000 yuan. If a crime is constituted, criminal responsibility shall be investigated according to law.

When the party provides the necessary legal certificates or has gone through the necessary formalities to obtain the certificates, the motor vehicle shall be returned without delay.

Article 97 Where alarm sirens or signal lights are illegally installed, they shall compulsorily be removed and confiscated by the traffic control department of the public security organ, and a fine of not less than 200 yuan but not more than 2,000 yuan shall be imposed.

Article 98 Where the owner or manager of a motor vehicle fails to buy the compulsory third party liability insurance for the motor vehicle, as required by State regulations, the traffic control department of the public security organ shall distrain the vehicle until the insurance is bought in accordance with the regulations, and, in addition, a fine of two times the specified minimum liability insurance premium payable for the shall be imposed.

All the fines paid in accordance with the provisions in the preceding paragraph shall be incorporated into the social aid fund for road traffic accidents. The specific measures in this regard shall be formulated by the State Council.

Article 99 Any person who commits one of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic control department of the public security organ:

(1) driving a motor vehicle before obtaining the motor vehicle driver’s license, or after the driver’s license is revoked or during the period when the driver’s license is temporarily suspended;

(2) having his motor vehicle driven by another person who has not obtained the driver’s license or whose driver’s license is revoked or temporarily suspended;

(3) escaping after causing a traffic accident, which is not serious enough to constitute a crime;

(4) driving a motor vehicle at a speed 50 per cent in excess of the specified speed per hour;

(5) compelling a motor vehicle driver to drive the vehicle in violation of laws and regulations on road traffic safety or of the requirement for safe driving, thus causing a traffic accident, which is not serious enough to constitute a crime;

(6) making a forcible passage in violation of the regulations on traffic control and refusing to yield to dissuasion;

(7) intentionally damaging, removing or altering traffic facilities, thus causing harmful consequences, which is not serious enough to constitute a crime; or

(8) illegally blocking or distraining a motor vehicle and refusing to yield to dissuasion, thus causing serious traffic jam or relatively heavy losses of property.

If the person commits one of the acts specified in Subparagraphs (2) and (4) of the preceding paragraph, his motor vehicle driver’s license may be revoked at the same time; and if he commits one of the acts specified in Subparagraphs (1), (3), (5), (6), (7) and (8), he may, in addition, be put in detention for not more than 15 days.

Article 100 Where a self-assembled motor vehicle or a motor vehicle old enough to be scrapped is driven on roads, the traffic control department of the public security organ shall confiscate it and compulsorily scrap it.

A driver who drives on roads the motor vehicle mentioned in the preceding paragraph shall be fined not less than 200 yuan but not more than 2,000 yuan and his driver’s license shall be revoked.

Where a motor vehicle old enough to be scrapped is sold, the unlawful gains shall be confiscated, a fine equal to the amount of money obtained from the sale of the vehicle shall be imposed, and the vehicle shall be disposed of in accordance with the provisions of the first paragraph of this Article.

Article 101 Where a serious traffic accident occurs due to violation of the provisions in laws and regulations on road traffic safety, which constitutes a crime, criminal responsibility shall be investigated according to law, and the motor vehicle driver’s license shall be revoked by the traffic control department of the public security organ.

Where a driver escapes after causing a traffic accident, his motor vehicle driver’s license shall be revoked by the traffic control department of the public security organ and he shall not obtain a motor vehicle driver’s license again for the rest of his life.

Article 102 Where a professional transport unit that is chiefly or fully responsible for two or more exceptionally serious traffic accidents within six months, it shall be instructed by the traffic control department of the public security organ to remove all the hidden troubles endangering safety, and the motor vehicles with the said hidden troubles shall be prohibited from running on roads until all the troubles are removed.

Article 103 Where the government department in charge of motor vehicle products fails to conduct strict examination and inspection in accordance with the State safety and technical standards for motor vehicles and permits unqualified motor vehicle models to be put into production, the persons who are in charge and the other persons who are directly responsible shall be demoted or dismissed from office as an administrative sanction.

Where a motor vehicle manufacturing enterprise that is permitted by the government department in charge of motor vehicle products to produce certain models of motor vehicles, fails to apply the State safety and technical standards for motor vehicles or to strictly conduct quality inspection of its finished products, so as to let its unqualified motor vehicles leave the plant for sale, the quality and technology supervision department shall, in accordance with the relevant provisions of the Law of the People’s Republic of China on Product Quality, impose a penalty on it.

Where a unit that manufactures or sells the models of motor vehicles without permission by the government department in charge of motor vehicle products, the finished motor vehicles and the spare parts illegally manufactured and sold shall be confiscated, and it shall, in addition, be fined not less than three times but not more than five times the value of the unlawful products; if it has a business license, the administrative department for industry and commerce shall revoke the license; and if it has no business license, it shall be closed down.

Where self-assembled motor vehicles are turned out or sold or motor vehicles refitted without authorization are turned out or sold, a punishment shall be imposed in accordance with the provisions of the third paragraph of this Article.

Where motor vehicles not in conformity with the State safety and technical standards for motor vehicles are turned out or sold in violation of the provisions in the second, third or fourth paragraph of this Article, which is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

Article 104 Any unit or individual that, without approval, digs roads or occupies roads for construction or engages in other activities to the detriment of road traffic safety, the department in charge of roads shall instruct it or him to desist from such illegal acts, to put the roads back to their original state, and may impose a fine on it or him according to law. Where losses are caused to the passing persons or vehicles or to other property, it or he shall bear the liability for compensation according to law.

Where road traffic safety is adversely affected by the acts mentioned in the preceding paragraph, the traffic control department of the public security organ may instruct the unit or individual to desist from the illegal acts in order to speedily restore traffic.

Article 105 Where losses are inflicted on the passing persons or vehicles or other property because, when a road is under construction or damages appear in a road, no warning signs are put up in time and no protective measures are taken, or there are no traffic signal lights, traffic signs or traffic line markings as there ought to be, or no traffic signal lights, traffic signs or traffic line markings are altered as they ought to be in time, the units respectively responsible shall bear the liability for compensation according to law.

Article 106 Where a unit or individual plants trees or other plants or installs billboards, pipelines, etc. on both sides of a road or along the isolation belts, so that they shield road lamps, traffic signal lights or traffic signs, or obstruct the safe range of visibility, the traffic control department of the public security organ shall instruct it or him to remove the obstacles; and if it or he refuses to comply, a fine of not less than 200 yuan but not more than 2,000 yuan shall be imposed, and the obstacles shall forcibly be removed and the expenses thus incurred shall be borne by it or him.

Article 107 Where a disciplinary warning is to be given to, or a fine of not more than 200 yuan to be imposed on, a violator of road traffic law, the traffic policemen may make the decision on administrative penalty on the spot and produce a written decision on such penalty.

In the written decision on administrative penalty shall clearly be stated the facts of violation by the party, the basis for the administrative penalty, the penalty imposed, the time and place of the penalty, and the name of the authority that imposes the penalty, and the written decision shall be signed or sealed by the law-enforcing person.