Article 108 The party shall, within 15 days from the date he receives the written decision on administrative penalty, pay the fine at the designated bank.

Where the parties have no objections, the fines imposed on pedestrians, passengers and drivers of non-motor vehicles may be collected on the spot.

Where fines are paid, unified receipts for fines, made and distributed by the financial departments of provinces, autonomous regions, and municipalities directly under the Central Government, shall be written out; and in the absence of such receipts, the parties shall have the right to refuse to pay the fines.

Article 109 Where a party fails to abide by the decision on administrative penalty at the expiration of the time limit, the administrative organ that makes such a decision may take the following measures:

(1) if a fine is not duly paid, an additional 3 per cent of the amount of the fine per day shall be imposed; and

(2) applying to the people’s court for compulsory enforcement.

Article 110 Where a traffic policeman, when performing his duties, deems it necessary to temporarily suspend or to revoke the motor vehicle driver’s license of a violator of the law on road traffic as a punishment, he may suspend the driver’s license first and, within 24 hours, transfer the case to the traffic control department of the public security organ for disposition.

The violator of the law on road traffic shall, within 15 days, go to the traffic control department of the public security organ for disposition. If, without legitimate reasons, the violator fails to go for the disposition at the expiration of the time limit, his motor vehicle driver’s license shall be revoked.

Where the traffic control department of the public security organ suspends temporarily or revokes a motor vehicle driver’s license, it shall produce a written decision on the administrative penalty.

Article 111 With respect to detention as an administrative penalty for violation of the provisions of this Law, the public security bureau or sub-bureau of a county or city or the public security organ equal to the county level shall make a ruling.

Article 112 Where the traffic control department of the public security organ distrains a motor vehicle or non-motor vehicle, it shall produce a receipt on the spot, and tell the party to go, within a specified period of time, to the said department for disposition.

The traffic control department of the public security organ shall take good care of the distrained vehicles and shall not use them.

Where the party fails to go for the disposition at the expiration of the specified period of time, and still fails to do so three months after announcement of the matter, the distrained vehicle shall be disposed of according to law.

Article 113 The term for temporary suspension of a motor vehicle driver’s license shall be calculated from the date the decision on the punishment takes effect; and if a motor vehicle driver’s license is suspended before the decision takes effect, the number of days in which the license is suspended shall be deducted from the term for temporary suspension.

The interval between revocation of the license and application for a new one shall be governed by the administrative regulations on motor vehicle driver’s licenses.

Article 114 The traffic control department of the public security organ may, on the basis of the technical traffic monitoring records and in accordance with law, impose a penalty on the owner or manager of the motor vehicle involved in violation of law. If the driver can be identified, it may impose a penalty on the driver in accordance with the provisions of this Law.

Article 115 Where a traffic policeman commits one of the following acts, he shall be given an administrative sanction according to law:

(1) issuing the certificate of registration, number plate, motor vehicle license, or sticker of inspection certificate to a motor vehicle that is not in conformity with the statutory requirements;

(2) giving approval to a motor vehicle that is not in conformity with the statutory requirements to install and use alarm sirens and signal lights, or to spray or paint the sign specially for police vans, fire engines, ambulances or engineering rescue vehicles;

(3) issuing a motor vehicle driver’s license to a person who does not meet the qualifications for a driver’s license, or has not undergo examinations, or fails in the examinations;

(4) failing to implement the system under which the decision on fines is separated from the collection of fines, or failing to turn over in full to the State Treasury the fees and fines collected and the unlawful gains confiscated in accordance with law, as is required by relevant regulations;

(5) engaging in such business activities as sponsoring or participating in sponsoring drivers schools or drivers training classes, motor vehicle repair shops or pay parking lots;

(6) receiving or accepting another person’s money or things of value or seeking other benefits by taking advantage of his position;

(7) distraining a vehicle, a motor vehicle license, a driver’s license or the number plate of a vehicle in violation of law;

(8) using the vehicle distrained according to law;

(9) collecting a fine on the spot without producing a receipt or failing to fill out the exact amount of a fine;

(10) disposing of a traffic accident unfairly by engaging in malpractices for personal gain;

(11) delaying the issuance of the number plates and certificates of motor vehicles by deliberately making things difficult;

(12) using alarm sirens and signal lights when not performing emergency duties;

(13) blocking or inspecting normally running vehicles in violation of regulations;

(14) blocking a motor vehicle and getting a lift when not performing emergency duties; or

(15) failing to perform the statutory duties.

If the traffic control department of the public security organ commits one of the acts mentioned in the preceding paragraph, the persons directly in charge and the other persons directly responsible shall be given administrative sanctions accordingly.

Article 116 A traffic policeman who is given an administrative sanction in accordance with the provisions of Article 115 of this Law may be stopped from performing his duties before a decision on such sanction is made; and when necessary, he may be placed in confinement.

Where a traffic policeman is demoted or removed from office as an administrative sanction in accordance with the provisions of Article 115 of this Law, he may be dismissed.

Where a traffic policeman is discharged as a sanction or is dismissed, his police rank shall be deprived of; and where a traffic policeman is imposed a lighter sanction than removal from office as an administrative sanction, his police rank shall be reduced.

Article 117 Where a traffic policeman, taking advantage of his functions and powers, illegally takes public property into his possession, extorts, receives or accepts bribes, abuses his functions and powers, or neglects his duties, which is serious enough to constitute a crime, he shall be investigated for criminal responsibility according to law.

Article 118 Where the traffic control department of the public security organ or its traffic policeman commits one of the acts mentioned in Article 115 of this Law, thus causing losses to the party, it or he shall bear the liability for compensation according to law.

Chapter VIII

Supplementary Provisions

Article 119 For the purposes of this Law, the meanings of the following terms are:

(1) “Roads” mean the highways, urban streets, and places that although within the scope of the jurisdiction of units, motor vehicles of the community are permitted to pass through, including squares and public parking lots as are used for public passage.

(2) “Vehicles” mean the motor vehicles and non-motor vehicles.

(3) “Motor vehicles” mean the wheeled vehicles driven or drawn by power sets on roads for carrying people, for transporting cargoes, or for special engineering operations.

(4) “Non-motor vehicles” mean such means of transport as are driven or drawn by man or animal on roads, and the motor wheelchairs for the disabled and electrically operated bicycles which are installed with power sets but the designed maximum speed per hour, the light quality and the external size of which are in conformity with the relevant standards of the State.

(5) “Traffic accidents” mean situations in which vehicles running on roads cause casualties or property losses through errors or something untoward.

Article 120 The relevant departments of the Chinese People’s Liberation Army and the Chinese People’s Armed Police Force shall be in charge of the issuance of the plates and certificates, and the inspection, of their registered motor vehicles, and the examination and appraisal of their motor vehicle drivers.

Article 121 With respect to tractors running on roads, the department of agriculture (agricultural machinery) shall exercise the administrative functions and powers of the traffic control department of the public security organ as provided for in Articles 8, 9, 13, 19 and 23 of this Law.

When exercising the functions and powers in accordance with the provisions of the preceding paragraph, the department of agriculture (agricultural machinery) shall observe the relevant provisions of this Law and subject itself to supervision by the traffic control department of the public security organ; and violations shall be investigated for legal responsibility in accordance with the relevant provisions of this Law.

The plates and certificates of motor vehicles issued by the department of agriculture (agricultural machinery) before implementation of this Law shall continue to be valid after this Law goes into effect.

Article 122 The State exercises unified control of road traffic safety in respect of motor vehicles entering our territory from abroad.

Article 123 The standing committees of the people’s congresses of provinces, autonomous regions, and municipalities directly under the Central Government may, in light of their actual local conditions and within the range of the fines provided for in this Law, fix specific rates for imposing fines.

Article 124 This Law shall go into effect as of May 1, 2004.

The English translation is for reference only and if there is any discrepancy, the Chinese version shall prevail.