Flying from Colombo, Sri Lanka, to Kunming, China, presents travelers with convenient options to explore the vibrant landscapes and cultural richness of Yunnan province. Here’s a guide to help you plan your international flight:
Flying from Colombo to Kunming involves connecting flights through major Asian cities, offering a gateway to explore Yunnan’s diverse landscapes and cultural attractions. With careful planning and preparation, your journey from Sri Lanka to Kunming promises to be a smooth and enriching travel experience.
Flying from Manado, Indonesia, to Kunming, China, offers travelers an exciting gateway to explore Yunnan province’s cultural richness and natural beauty. Here’s a guide to help you plan your international flight:
Flying from Manado to Kunming involves connecting flights through major Asian cities, offering a gateway to explore Yunnan’s diverse landscapes and cultural attractions. With careful planning and preparation, your journey promises to be a smooth and enriching travel experience.
Flying from Malaysia to Kunming offers travelers various options through major cities in Malaysia. Here are the main cities in Malaysia from where you can find international flights to Kunming:
Flying from Malaysia’s main cities to Kunming provides convenient access to explore the cultural and natural wonders of Yunnan province. Whether you’re departing from Kuala Lumpur, Penang, or Johor Bahru, enjoy a seamless journey to Kunming and immerse yourself in its rich heritage and scenic landscapes.
Yunnan has the largest number of ethnic populations in China, with 26 ethnic minorities including Bai, Yi, Dai, Naxi, Hani, Miao, Tibetan, Hui, and Yao. Yunnan offers a unique and exciting experience of ethnic customs, with more than 400 ethnic festivals celebrated throughout the year. The ethnic minorities maintain their unique folk traditions and customs full of myths, singing, dances, paintings, and ancient music. China Highlights has listed the following ethnic festivals worth attending while visiting Yunnan.
There are numerous ethnic groups and festivals in Yunnan Province. The number of ethnic festivals, either important or not so important, reaches about 400. In some ethnic groups, besides the common and important festivals, different branches have different festivals as well. Some festivals are celebrated by many different ethnic groups, but the time, means of celebration, and legends may differ. For example, besides Yi, Bai, Naxi, and Pumi also celebrate the Torch Festival. Besides Dai, Bulang, and A’chang also celebrate the Water-Splashing Festival.
On the occasions of festivals, people gather together in their traditional costumes, singing, dancing, and playing games. Young people look for their expected lovers and carry on love affairs with each other. Each festival is a jamboree activity where tourists can get a better understanding of ethnic culture.
Ethnic Group | Festival Name | Main Activities | Time (Lunar Calendar) |
---|---|---|---|
Yi | Torch Festival | Playing with torches, wrestling, bullfighting, song and dance performances | June 24 |
Flower Arrangement Festival | Flower arranging, singing contests | February 8 | |
Yi Costume Festival | Singing and dancing, bright costumes | March 28 | |
Yi Tiger Festival | Tiger dance | January 8 to 15 | |
Yi Mizhiji Festival | Sacrifice ceremony | ||
Mouding “March Fair” | Commodity exchange, folk song and dance performances | March 27 to February 19 | |
Bai | Dali March Street Festival | Commodity exchange, horse racing, song and dance performances | March 15 to 21 |
Bai Green Maiden Festival | Singing and dancing | January 15 | |
Bai Sanxing Festival | Sacrifice, transplanting rice seedlings | April 23 to 25 | |
Bai Rice Transplanting Festival | Sacrifice, transplanting rice seedlings, singing contests | Grain Rain Festival | |
Bai Torch Festival | Setting torches, dragon boat races, singing Dabenqu | June 25 | |
Bai Shibaoshan Song Festival | Temple fair, singing contests | End of July | |
Bai Pear Blossom Festival | Picnicking in the pear orchard | During pear blossom season | |
Bai Benzhu Festival | Sacrifice, song and dance, Dongjing music | Different in each village | |
Dai | Dai Water Splashing Festival | Dragon boat races, water splashing, song and dance | Mid-April (Gregorian calendar) |
Dai Sending Dragon Festival | Sacrifice, song and dance | January (Gregorian calendar) | |
Dai Closing Door Festival | Buddha tower worship, song and dance | Mid-July (Gregorian calendar) | |
Dai Opening Door Festival | Village tour, high rocket launch, song and dance | Mid-October (Gregorian calendar) | |
Hani | Hani Amatu Festival | Sacrifice, song and dance, street banquet | Dragon day in February |
“Ku Zhazha” (June Year Festival) | Swinging, wrestling, song and dance | June 24 | |
Hani “Limazhu” Festival | Singing and dancing, wrestling | Spring (Gregorian calendar) | |
Hani Locust Catching Festival | Catching locusts for food | June 24 | |
Hani Maiden Festival | Swinging, song and dance | February 4 | |
Hani Dragon Worship/New Rice Festival | Bronze gong, cowhide drum, Bawu, four-stringed instrument | February 2 | |
Hani Misuoza Festival | Swinging, song and dance | ||
Hani Miaonai Festival | Bonfire, song and dance | Early May | |
Miao | Miao Flower Mountain Festival | Climbing flower poles, lusheng (reed pipe), song and dance | January |
Lisu | Lisu Bathhouse Festival | Hot spring bathing, singing contest | January 2 |
Lisu “Keshi” Festival | Family reunion meal, crossbow shooting competition | January 1 to 15 | |
Lisu Knife Pole Festival | Climbing knife poles, walking on fire, bag throwing, song and dance | February 8 | |
Naxi | Naxi Miluo/Bangbang Festival | Picnicking, horse racing, song and dance, agricultural tool trading | February 8 |
Naxi Sanduo Festival | Sacrifice, singing contests, bullfighting | June 25 | |
Naxi Mule and Horse Fair | Commodity exchange, cultural and sports performances | Mid-March/Mid-July | |
Naxi Heaven Worship Festival | Sacrifice | Spring (January)/Autumn (July) | |
Naxi July Fair | Commodity exchange, cultural and sports performances | Mid-July | |
Naxi Dragon Festival | Commodity exchange, cultural and sports performances | January 15 | |
Lahu | Lahu Kuza Festival (New Year) | Elephant foot drum dance, singing contests | Late March/Early April (Dai calendar) |
Lahu Gourd Festival | Bonfire, song and dance | October 10 | |
Lahu Sun God Worship | Sacrifice, song and dance | Beginning of summer | |
Wa | Wa Drum Festival | Sacrifice, song and dance | “Gereyue” (Wa calendar)/December (Gregorian calendar) |
Blang | Blang Gongyong Festival | Sacrifice, song and dance | April and September |
Dulong | Dulong Kaquewa (New Year) | Sacrifice, buffalo slaughter, song and dance | Winter or January |
Jingpo | Jingpo Munao Zongge Festival | Sacrifice, song and dance | January |
Nu | Nu Year Festival | Ancestral worship, earth worship, song and dance | December to January 10 |
Nu Flower Festival | Flower gathering, song and dance | March 15 | |
Achang | Achang Street Festival | Playing with white elephants, elephant foot drum dance | Mid-September |
Pumi | Pumi “Big Year” Festival | Swinging, horse racing, song and dance | December 6 |
Pumi Mountain Tour Festival | Mountain tours, song and dance | May 5 | |
Tibetan | Tibetan Grassland Festival/New Year | Horse racing, picnicking, Guozhuang dance | January |
Tibetan “Flower” Festival | Singing contests | June 14 | |
Tibetan God Dance Festival | Sacrifice, song and dance | Tibetan New Year’s Eve | |
Tibetan Horse Racing Festival | Horse racing | May 5 | |
Hui | Hui Corban Festival | Family reunion, sacrificial slaughter | October (Islamic calendar) |
Hui Eid al-Fitr | Prayers, recitations, song and dance | June | |
Hui Ruzi Festival | Fasting | May 23 | |
Hui Sacrificial Festival | Slaughtering cattle and sheep, sacrifice | December (Islamic calendar) | |
Hui Mawlid Festival | March 12 (Islamic calendar) | ||
Jino | Jino Temok Festival | Song and dance, village tour, top spinning | January (Jino calendar) |
Yao | Yao Panwang Festival | Sacrifice, song and dance | May 29 |
Yao Ganba Festival | Copper drum dance | Late December | |
Yao Xijiu Festival | Song and dance | May 29 | |
Yao Danu Festival | Song and dance, martial arts, ball games | May 29 | |
Yao “Song Hall” Festival | Courtship through singing | October 16 | |
Yao Daogao Festival | Bullfighting contest | October 16 | |
Yao Palm Meat Festival | Commemorating Mother Milo | May 29 | |
Yao Bird Chasing Festival | Singing contests | February 1 | |
Yao Maiden Street Festival | Commodity exchange, folk song and dance performances | First market after Chinese New Year | |
Zhuang | Zhuang Longduan Festival | Drama, acrobatics, song and dance | June |
Zhuang Liulang Festival | Similar to Chinese New Year | June 1 or July 1 | |
Bouyei | Bouyei Moon Festival | Commodity exchange, folk song and dance performances | February 13 to 15 |
Bouyei March 3rd Festival | Commodity exchange, folk song and dance performances | March 3 | |
Bouyei “June 6th” Festival | Commodity exchange, folk song and dance performances | June 6 | |
Bouyei Flower Jump Festival | Playing “Leyiou,” playing the moon guitar, playing the leaf | January 1 to 21 | |
Shui | Shui Festival | Similar to Chinese New Year | June 1 |
De’ang | De’ang Water Splashing Festival | Water splashing, song and dance | Seven days after Qingming Festival |
Manchu | Manchu Golden Festival | Ancestral worship, song and dance | October 13 |
Mongolian | Mongolian Luanban Festival | Sacrifice, song and dance | April 2 |
Planning a cycling tour in China involves choosing the right routes and ensuring you have everything you need for a safe and enjoyable journey. Here’s a detailed guide on how to plan your China cycling tour, including some top cycling tour programs in China:
Here are some top cycling tour itineraries in China that showcase diverse landscapes, cultural experiences, and memorable cycling routes:
These cycling tour itineraries offer a mix of natural beauty, cultural immersion, and adventure, catering to cyclists of various interests and skill levels. Each route provides unique experiences that highlight China’s rich history, diverse landscapes, and local traditions.
For many travelers and globetrotters who have the chance and the means to travel the world in their own car, China is a big obstacle. Unlike other Asian countries, it’s not possible to simply enter the country with a valid visa and then travel wherever the road takes you. Theoretically China prohibits foreigners to drive-through with their own car, however, practically it’s indeed possible whether by car, motorbike, 4WD, jeep, motor-home or truck, but you will need special permits for each province your journey takes you. Apart from that, Chinese number plates and a temporary Chinese driving license are required. We can organize you all necessary permits but need a preparation time of around 3 months, so you will need to plan your trip quite some time ahead.
Since all this paper work is more or less the same, no matter for one or several vehicles, it is very costly for one vehicle, so in order to save money, it’s recommended to find like-minded people to share the costs.
Since China is a big country, the minimum time for a drive-through is at around 21 days and Hiddenchina.net GmbH can assist you in your plans and organization of all necessary permits. Also be aware that a especially for Tibet a local guide is compulsory.
Important notice: For self-drive tours in China, there must be always a Chinese guide with the group. In case of car, 4WD, jeep, truck etc. trips the guide can join the vehicle of the participants, in case of motorbike tours, the guide has to follow in a separate car.
The most important border crossings to and from China are:
– Mongolia: Erenhot (Zamin-Uud) – Inner Mongolia
– Kazachstan: Ergongzhen (Qoqek) -Xinjiang / Mohu (Emuchang, Xoproc) – Xinjiang
– Kyrgyzstan: Irkeshtam – Xinjiang
– Pakistan: Khunjerab Pass – Xinjiang (Karakorum Highway)
– Nepal: Zhangmu (Dram, Khasa) – Tibet
– Myanmar (Burma): Ruili (Muse) – Yunnan
– Laos: Mengla (Mohan) – Yunnan
– Vietnam: Hekou (Kim-Tan) – Yunnan
Before declaring, prepare the following documents:
Fill out the vehicle entry declaration form as required, including basic vehicle information, owner information, and purpose of entry.
Submit the completed declaration form and related materials to customs officers. Officers will review the documents. If approved, a temporary entry permit will be issued.
Bring declaration materials to the quarantine department for vehicle inspection. Upon passing inspection, a quarantine stamp will be affixed to the vehicle registration certificate.
Depending on vehicle type, value, and entry time, relevant taxes and fees may need to be paid. After payment, customs will issue a tax payment certificate.
Bring passport, vehicle registration certificate, temporary entry permit, tax payment certificate, and other documents to the vehicle management office to obtain temporary license plates. Temporary plates are typically valid for 3 months.
During the validity of the temporary entry permit, drive foreign vehicles in accordance with Chinese traffic rules and prioritize safe driving.
More about Regulations on the Management of Temporary Entry of Foreign Motor Vehicles and Drivers in China.
The revised “Regulations on the Management of Temporary Entry of Motor Vehicles and Drivers” have been announced by the Ministry of Public Security and will be implemented from January 1, 2007.
Article 1 These regulations are formulated in accordance with the “Road Traffic Safety Law of the People’s Republic of China” and its implementation regulations.
Article 2 These regulations apply to motor vehicles and drivers entering the territory of the People’s Republic of China temporarily for up to three months, including:
Article 3 Foreign motor vehicles entering China temporarily must apply for temporary entry motor vehicle license plates and driving permits from the public security traffic management department of the municipality directly under the central government or the districted city where the entry or departure begins.
Article 4 Applicants for temporary entry motor vehicle license plates and driving permits must fill out the “Application Form for Temporary Entry Motor Vehicle License Plates and Driving Permits” in Chinese, submit proof of vehicle registration issued by overseas authorities (including Chinese translations where applicable), customs clearance permits for vehicle entry issued by Chinese authorities, and other relevant certificates depending on the purpose of entry.
Article 5 Temporary entry motor vehicle license plates are issued as paper plates and specify the permitted areas, routes, and validity period for operation.
Article 6 The validity period of temporary entry motor vehicle license plates and driving permits must match the period endorsed on the entry approval document, not exceeding three months, and cannot be extended.
Article 7 Temporary entry vehicle license plates for cars should be placed on the right side of the front windshield, while those for motorcycles must be carried with the vehicle for inspection.
Article 8 Foreign motor vehicles entering temporarily can travel to the location of the issuing authority for temporary entry motor vehicle license plates and driving permits as specified in Article 3 upon entry, and must apply for these documents within two days of entry.
Article 9 Foreign motor vehicle drivers entering temporarily can drive their own temporary entry motor vehicles or leased Chinese motor vehicles.
Article 10 Drivers of temporary entry motor vehicles must apply for a temporary motor vehicle driving permit from the public security traffic management department of the municipality directly under the central government or the districted city where the entry or departure begins.
Article 11 Drivers of leased Chinese motor vehicles must apply for a temporary motor vehicle driving permit from the public security traffic management department of the municipality directly under the central government or the districted city where the rental company is located.
Article 12 The categories of vehicles allowed under a temporary motor vehicle driving permit must correspond to those specified on the applicant’s foreign motor vehicle driver’s license. For drivers of self-driven temporary entry motor vehicles, the permit must match the vehicle type brought into China. For drivers of leased Chinese motor vehicles, the permit covers small cars and small automatic transmission cars.
Article 13 Applicants for temporary motor vehicle driving permits must complete the “Application Form for Temporary Motor Vehicle Driving Permits” in Chinese and submit identification documents, their foreign motor vehicle driver’s license (with Chinese translations where applicable), proof of meeting China’s driving permit conditions based on age and physical condition, two recent passport-sized color photos, and relevant certificates from Chinese authorities for organized tourism, competitions, or other exchanges.
Article 14 The expiration date of temporary motor vehicle driving permits must match the expiration date on the entry and exit identification documents, with a maximum validity period of three months and no extension allowed.
Article 15 Temporary motor vehicle driving permits must be carried at all times and used in conjunction with the holder’s foreign motor vehicle driver’s license and its Chinese translation.
Article 16 Drivers of temporary entry motor vehicles can drive their vehicles to the location specified in Article 10 for the issuance of temporary motor vehicle driving permits within two days of entry, using their foreign motor vehicle driver’s license and entry permit as documentation.
Article 17 When issuing temporary entry motor vehicle license plates, driving permits, and temporary motor vehicle driving permits, the public security traffic management department must verify previous entry records of foreign motor vehicles and drivers. If there are unresolved traffic violations or accidents in China or records of hit-and-run incidents involving motor vehicles, permits will not be issued until these issues are resolved.
Article 18 Drivers of temporarily entered motor vehicles must adhere to China’s road traffic safety laws, regulations, and rules; follow the designated areas or routes as specified on the temporary entry motor vehicle license plates; stop for inspection by traffic police when required; present entry and exit documents, temporary motor vehicle driving permits, and their foreign motor vehicle driver’s license with its Chinese translation; accept legal handling by China’s public security traffic management department for violations of road traffic safety laws and regulations; and in the event of a traffic accident, immediately stop, protect the scene, rescue the injured, and promptly report to the on-duty traffic police or public security traffic management department for legal handling.
Article 19 Drivers of temporarily entered motor vehicles found engaging in the following behaviors must be handled according to the following regulations by the public security traffic management department:
Article 20 For border areas with frequent border trade, passenger and freight transportation, border resident exchanges, or transit activities, and where foreign motor vehicles and drivers only operate within certain border areas after entry, provincial public security agencies may provide implementation opinions based on provincial conditions.
Article 21 For motor vehicles from the Hong Kong Special Administrative Region, Macao Special Administrative Region, and Taiwan Region participating in organized tourism, competitions, or other exchanges, the provisions of these regulations apply. Individuals holding driver’s licenses from the Hong Kong Special Administrative Region, Macao Special Administrative Region, and Taiwan Region who temporarily enter the mainland to drive motor vehicles must also comply with these regulations.
Article 22 Temporary entry motor vehicle license plates, driving permits, and temporary motor vehicle driving permits are uniformly printed by the Ministry of Public Security.
Article 23 “Temporary entry motor vehicles” as referred to in these regulations are vehicles registered abroad that need temporary entry into China for driving purposes. “Drivers of temporarily entered motor vehicles” refer to foreign individuals holding foreign motor vehicle driver’s licenses who need to temporarily enter China to drive motor vehicles.
Article 24 The term “departure point” refers to the starting point of organized tourism, competitions, or other exchange activities.
Article 25 These regulations shall come into effect on January 1, 2007. The “Regulations on the Management of Temporary Entry of Motor Vehicles and Drivers” issued on May 1, 1989 (Ministry of Public Security Order No. 4) are hereby repealed. In cases where other regulations issued by the Ministry of Public Security before January 1, 2007 are inconsistent with these regulations, these regulations shall prevail.
Here is the translation of the provided information regarding motorcycle accidents and their handling according to Chinese road traffic safety laws:
Drivers involved in a motorcycle accident should immediately stop, protect the scene, and promptly report to the on-duty traffic police or the public security traffic management department.
According to Chinese law, in the event of a traffic accident on the road, drivers must immediately stop, protect the scene. In cases of personal injury or death, drivers must provide immediate assistance to the injured and promptly report to the on-duty traffic police or public security traffic management department. If the scene needs to be altered due to providing assistance to the injured, the position should be marked. Passengers, passing drivers, and pedestrians should provide assistance. If there are no disputes over the facts and causes of the accident, parties involved can leave the scene to restore traffic and negotiate compensation for damages on their own; those who do not leave the scene must promptly report to the on-duty traffic police or public security traffic management department. In the event of a minor property loss on the road, and the basic facts are clear, the parties involved should first leave the scene and then negotiate compensation.
Article 70 of the Road Traffic Safety Law
In the event of a traffic accident on the road, the driver must immediately stop, protect the scene; in the event of personal injury or death, the driver must immediately rescue the injured and promptly report to the on-duty traffic police or public security traffic management department. If the scene is changed due to the rescue of the injured, the position should be marked. Passengers, passing drivers, and pedestrians should provide assistance.
In the event of a traffic accident on the road, if there is no personal injury or death, and there is no dispute over the facts and causes of the accident, the parties involved can leave the scene immediately, restore traffic, and negotiate compensation for damages on their own; if the parties do not leave the scene, they must promptly report to the on-duty traffic police or public security traffic management department.
In the event of a traffic accident on the road, if there is only minor property damage and the basic facts are clear, the parties involved should first leave the scene and then negotiate compensation.
Generally, the owner of the vehicle reversing during an accident is fully responsible. However, this is not absolute, and the specific division of responsibility depends on the specific circumstances of the reversing accident.
Traffic police will conduct on-site investigation and then determine responsibility based on the responsibility determination document issued by the traffic police.
Article 73 of the Road Traffic Safety Law
Public security traffic management departments shall timely produce traffic accident determination documents based on the on-site investigation, inspection, investigation, and relevant inspection and appraisal conclusions, as evidence for handling traffic accidents.
The traffic accident determination document shall specify the basic facts, causes of the traffic accident, and the responsibilities of the parties involved, and shall be delivered to the parties involved.
Firstly, unlicensed motorcycle drivers are fined between 200 yuan and 2,000 yuan. They may also be detained for up to 15 days.
Secondly, if they commit the crime of causing a traffic accident and flee, they may be sentenced to imprisonment for three to seven years.
Article 99 of the Road Traffic Safety Law
Public security traffic management departments shall impose fines of not less than 200 yuan but not more than 2,000 yuan for:
(1) Driving a motor vehicle without a driving license, or driving a motor vehicle during the period when the motor vehicle driving license is revoked or suspended;
(2) Entrusting a motor vehicle to a person who has not obtained a motor vehicle driving license or whose motor vehicle driving license has been revoked or suspended;
(3) Escaping after causing a traffic accident, which does not constitute a crime yet.
According to the “Regulations on the Procedure for Handling Road Traffic Accidents,” traffic accidents involving foreign factors, such as involving foreigners as parties, constitute foreign-related traffic accidents. In any foreign-related traffic accident, any party involved who is a foreigner can be either the victim or the party at fault. A foreigner refers to a natural person who does not possess Chinese nationality but holds the nationality of another country, including stateless persons. Foreigners, commonly referred to as “foreigners,” are involved in traffic accidents in China, which are thus considered foreign-related road traffic accidents.
Implications
From the perspective of national sovereignty, any country enjoys territorial supremacy over any natural person and property within its territory, and foreigners as natural persons are no exception. From the moment any foreigner enters the territory of a country, they are subject to the territorial jurisdiction of that country and must comply with its relevant laws. Conversely, the host country is obligated to protect the safety of foreigners’ lives, property, and legitimate rights and interests within its borders, which are legally protected.
When a foreigner suffers personal injury, property damage in a traffic accident in China, or causes harm to others in a traffic accident, according to Article 68 of China’s “Regulations on the Procedure for Handling Road Traffic Accidents,” the handling of road traffic accidents involving foreigners within the People’s Republic of China shall also be governed by the relevant laws, regulations, and rules governing foreign-related cases.
Special Provisions
Given that foreigners may not be familiar with Chinese laws and regulations, it is explicitly stipulated that the traffic management departments of the public security organs should inform the parties involved of their rights and obligations under Chinese laws and regulations when handling foreign-related traffic accidents.
Article 69 further stipulates that in cases where a foreigner is involved in a road traffic accident in China, the public security organs may, according to law, prohibit them from leaving the country until the accident is resolved.
Foreigners residing in China have unstable and temporary residence statuses, and their property within China is generally limited. Failure to apply for property preservation in a timely manner may lead to difficulties in enforcing judgments later on. Therefore, Article 70 provides that the rights holders of damages can apply to the court for pre-litigation property preservation measures.
In addition, there are provisions for foreign parties in traffic accidents to hire translators, and many special provisions apply to foreigners who enjoy diplomatic privileges and immunities.
Applicable Laws
Chapter IX, Article 68 of China’s “Regulations on the Procedure for Handling Road Traffic Accidents” states: “Foreigners involved in road traffic accidents within the People’s Republic of China shall also be handled in accordance with the relevant laws, regulations, and rules governing foreign-related cases, in addition to these regulations.”
In terms of litigation procedures, if a lawsuit is filed in China, China’s “Civil Procedure Law” must be applied. However, some stages must apply the special provisions of Chapter IV of the “Civil Procedure Law” on special procedures for foreign-related civil litigation.
In terms of substantive law, according to Article 44 of the “Law of the People’s Republic of China on the Application of Law to Foreign-related Civil Relations”: “Liability for tort shall be governed by the law of the place where the tortious act occurred, but if the parties have a common habitual residence, the law of the common habitual residence shall apply. After the tortious act has occurred, if the parties agree to choose the applicable law, it shall be according to their agreement.”
Foreign-related traffic accidents are essentially tort cases. Generally, tort cases are governed by the law of the place where the tortious act occurred. Therefore, in the case of foreign-related traffic accidents in China, Chinese law applies. However, if the parties have a common habitual residence, the law of the common habitual residence should be applied. Habitual residence refers to the place where a person has continuously resided for more than one year after leaving their domicile, excluding hospital stays for medical treatment.
For example, if two British nationals are traveling in China and happen to have a traffic accident on their way to Yunnan, China, because these two British nationals have a common habitual residence—Britain, the resolution of the traffic accident between them would be governed by British law. Of course, if the parties agree on the law applicable to the resolution of the traffic accident after the traffic accident occurred, they must respect the parties’ own choices and apply the law chosen by the parties.
Handling Methods
When handling foreign-related traffic accidents, the traffic management departments of the public security organs should issue a traffic accident determination certificate based on the evidence collected and deliver it to the parties involved. If a party refuses to accept it, it can be transferred to their institution through diplomatic channels. Mediation can also be applied to foreign-related traffic accidents, and unilateral mediation can be used. During this period, the police can transfer the agreed compensation for traffic accidents.
If the parties involved in foreign-related traffic accidents are foreign nationals who enjoy diplomatic privileges and immunities, and the traffic police believe that they should temporarily suspend or revoke their motor vehicle driving licenses as a punishment after the investigation, they can detain their driving licenses. If the vehicle needs to be inspected and identified, it should be returned immediately after inspection and identification; if they do not agree to the inspection and identification, it should not be forcibly carried out, and the situation should be truthfully recorded. If an investigation is needed, they can be interviewed; however, if they do not accept the investigation, no coercive measures should be applied, and the situation should be truthfully recorded. The public security organs’ traffic management departments should issue a traffic accident determination certificate and deliver it to the parties based on the evidence collected. If the parties refuse to accept it, it should be delivered to their institution. If a foreigner who enjoys diplomatic privileges and immunities refuses to accept an investigation or inspection and identification, the matter of damage compensation should be resolved through diplomatic channels.
If a foreigner who enjoys diplomatic privileges and immunities is involved in a traffic accident resulting in death, the public security organs’ traffic management departments should record their identity, documents, the course of the accident, and the consequences of the damage, and promptly report the relevant circumstances to the provincial foreign affairs department and the embassy or consulate of the foreigner’s country.
In cases where foreign consular institutions, international organizations, and representatives of international organizations stationed in China enjoy privileges and immunities and are involved in road traffic accidents, the public security organs’ traffic management departments should handle them in accordance with Articles 73 and 74 of these regulations. However, this is subject to different provisions in the “Regulations on Consular Privileges and Immunities of the People’s Republic of China,” international conventions that China has acceded to, and agreements concluded between China and relevant countries or international organizations.
Additionally, according to Article 44 of the “Law of the People’s Republic of China on the Application of Law to Foreign-related Civil Relations”: “Liability for tort shall be governed by the law of the place where the tortious act occurred, but if the parties have a common habitual residence, the law of the common habitual residence shall apply. After the tortious act has occurred, if the parties agree to choose the applicable law, it shall be according to their agreement.”
Laws and Regulations
Chapter IX of China’s “Regulations on the Procedure for Handling Road Traffic Accidents” specifies the following provisions regarding the handling of foreign-related road traffic accidents:
Article 68: Foreigners involved in road traffic accidents within the People’s Republic of China shall be handled in accordance with the relevant laws, regulations, and rules governing foreign-related cases in addition to these regulations.
Public security organs’ traffic management departments handling road traffic accidents involving foreigners should inform the parties involved of their rights and obligations under Chinese laws and regulations when handling road traffic accidents.
Article 69: Foreigners involved in road traffic accidents in China may, according to law, be prohibited from leaving the country until the accident is resolved.
Article 70: In cases where a foreigner is involved in a road traffic accident in China and assumes all or major responsibilities, the public security organs’ traffic management departments should inform the rights holders of the traffic accident damages that they may request the court to take pre-litigation property preservation measures.
Article 71: During the process of handling road traffic accidents, public security organs’ traffic management departments should use the common language and characters of the People’s Republic of China. For those who do not understand the Chinese language and characters, translation should be provided; for those who understand the Chinese language and characters and do not need translation, a written statement should be provided.
Upon approval by the public security organs’ traffic management departments, foreign parties may hire translators at their own expense.
Here is the translation of the legal analysis regarding what to do if a foreigner has a traffic accident while driving in China:
Legal Analysis: Handling Traffic Accidents for Foreigners Driving in China
Foreigners involved in traffic accidents while driving in China should handle the situation similarly to Chinese drivers, in accordance with the “Road Traffic Safety Law of the People’s Republic of China” and related regulations. Foreign drivers must adhere to Chinese traffic laws and regulations, and pay attention to the following aspects:
Legal Basis:
The above provides a legal analysis and legal basis for “How to Handle Traffic Accidents for Foreigners Driving in China.” If a foreign driver is involved in a traffic accident, they should promptly negotiate and handle the situation in accordance with relevant laws and regulations to protect their legal rights and interests.
Can motorcycles go on highways, and how can they legally go on highways?
1. The driving speed of motorcycles must not be less than 60 kilometers per hour and the maximum speed must not exceed 80 kilometers per hour. Due to the minimum speed limit, motorcycles with engine capacities below 50cc are excluded from road access.
2. When riding a motorcycle on a highway, passengers are not allowed, and helmets must be worn.
3. Except for holidays exempted from tolls as stipulated by the State Council, other times are charged according to the standard for cars with less than 7 seats.
4. According to the speed limit regulations of different lanes on highways, motorcycles should travel in the outermost lane of the highway.
5. For other regulations regarding motorcycle travel on highways, refer to the “Road Traffic Safety Law of the People’s Republic of China” and its implementing regulations. For example: (3) Minors under the age of 12 are not allowed to ride on the back of motorcycles, and lightweight motorcycles are not allowed to carry passengers. (5) Motorcycles are not allowed to tow vehicles or be towed by other vehicles. (6) The rider must sit facing forward on the motorcycle. Legally valid driving licenses, vehicle license plates, and other related procedures are required.
Therefore, as long as you meet the above driving conditions, riding motorcycles on highways is a legal activity.
Can local regulations prohibiting motorcycles from highways conflict with national regulations? What should I do if motorcycles are prohibited from highways?
Some provinces have local regulations prohibiting motorcycles from entering highways. If there are no signs prohibiting motorcycles from driving on highways, you should be able to use highways. According to the Road Traffic Safety Law, motorcycles (hereinafter referred to as motorcycles) can legally enter highways. At least national laws, administrative regulations, and departmental regulations clearly permit motorcycles to enter highways. However, most provincial, autonomous region, and municipal local regulations prohibit motorcycles from driving on highways, which has led to conflicts between national laws and local regulations. The specific manifestations are as follows:
1. Local regulations allowing motorcycles to enter highways:
The “Implementation Measures for the Road Traffic Safety Law of the People’s Republic of China in Xinjiang Uygur Autonomous Region” stipulates in Article 12: “If a cargo car or motorcycle carries a person, a fine of 200 yuan shall be imposed.” The “Implementation Measures for the Road Traffic Safety Law of the People’s Republic of China in Dalian” stipulates in Article 13: (Prohibition) “Learning to drive motor vehicles on highways or carrying people on motorcycles on highways.”
2. Local regulations allowing motorcycles to enter highways in a subtle manner:
The “Tianjin Municipality Regulations on Highway Traffic Management” was issued by the Municipal People’s Government on July 9, 1997, and was revised and issued according to the Municipal People’s Government’s decision to revise the “Tianjin Municipality Regulations on Highway Traffic Management” on the 30th. It was implemented from 1 day. This regulation avoids the sensitive topic of “motorcycles on highways” throughout the text, and even the word “motorcycle” is not mentioned. Based on this understanding, motorcycles can enter highways in Tianjin. Similar local regulations include the “Highway Management Measures in Jilin Province,” “Highway Management Regulations in Anhui Province,” “Highway Management Regulations in Jiangxi Province,” “Several Provisions on Implementing Highway Traffic Management Measures in Beijing,” “Highway Management Regulations in Shanxi Province,” “Highway Management Regulations in Guangdong Province,” “Highway Traffic Management Regulations in Hebei Province,” and “Implementation Measures for Road Traffic Safety Law in Qinghai Province” and so on.
3. Local regulations prohibiting motorcycles from entering highways:
The “Guangxi Zhuang Autonomous Region Highway Management Measures” stipulates: “Prohibiting pedestrians, non-motorized vehicles, tractors, motorcycles, electric vehicles, full trailers, coaching cars, internships, wheeled special machinery (excluding highway maintenance vehicles) and motor vehicles designed with a maximum speed of less than 70 kilometers from entering highways. Responsibility for traffic accidents caused by highways.”
Similar local regulations include the “High-level Highway Management Regulations in Hunan Province,” “High-level Highway Management Regulations in Guizhou Province,” “High-level Highway Management Regulations in Yunnan Province,” “High-level Highway Management Measures in Qinghai Province,” and “Shandong Province.” “Highway Regulations,” “Zhejiang Province Highway Operation Management Measures” (Provincial Government’s 42nd Executive Meeting Review and Approval, effective from 1st) stipulates in Article 3: “Prohibit motorcycles, tractors, agricultural transport vehicles, electric vehicles, wheeled special machinery vehicles, full towing vehicles into highways.” The “Jilin Province Highway Management Measures” stipulates: “Prohibit pedestrians, non-motorized vehicles, tractors, lightweight motorcycles, learning vehicles, coaching vehicles, and other motor vehicles with a continuous speed of less than 50 kilometers from highway traffic.”
The “High-level Highway Management Regulations in Hubei Province” stipulate: “Except for cleaning and maintenance personnel on high-level highways, pedestrians, non-motorized vehicles, tractors, lightweight motorcycles, electric vehicles, track vehicles, iron wheel vehicles, coaching vehicles, and vehicles that are clearly restricted on roads.” The passage.
In addition, some special highways have also introduced corresponding management measures, such as the “Shandong Province Jiqing Highway Management Measures” (Shandong Provincial People’s Government Order No. 46) stipulates: “Prohibit pedestrians, non-motorized vehicles, tractors, motorcycles (except for public security organs performing emergency tasks), electric vehicles, track vehicles, wheeled special machinery vehicles (except for highway maintenance vehicles) and motor vehicles designed with a maximum speed of less than 70 kilometers from entering highways.” And the “Sujiahang Expressway Management Measures” directly avoids the sensitive issue of whether motorcycles can drive on highways.
Motorcycles are also classified as motor vehicles and are subject to similar regulations as other motor vehicles. However, there are specific rules that apply to motorcycles. For instance, riders must wear helmets, and the classification and insurance standards for motorcycles differ. Additionally, many cities or regions have regulations prohibiting motorcycles.
These regulations ensure safe and lawful operation of motorcycles on Chinese roads, emphasizing safety standards and operational limitations specific to motorcycles.
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