Road Traffic Safety Law of the People’s Republic of China

The Road Traffic Safety Law of the People’s Republic of China (Chinese: 中华人民共和国道路交通安全法) is a pivotal piece of legislation aimed at improving road safety and reducing traffic fatalities in mainland China. Passed by the Standing Committee of the National People’s Congress on October 28, 2003, and promulgated by Decree No. 8 of the President Hu Jintao, the law took effect on May 1, 2004.

Background and Key Provisions

Responsibility in Accidents

  • Pedestrian and Non-Motorized Vehicle Protection: The law emphasizes the protection of pedestrians and non-motorized vehicles. In accidents involving these parties and motor vehicles, the motorist is held responsible unless the pedestrian or non-motorized vehicle deliberately causes the incident. Responsibility for the motorist is mitigated if the pedestrian or non-motorized party violated traffic laws.

Vehicle Insurance

  • Compulsory Insurance: The law mandates compulsory vehicle insurance, moving away from the previously voluntary system. This ensures that all motor vehicles have basic coverage.

Licensing and Driving Regulations

  • License Regulations: The law abolishes the restriction that prevented new drivers from driving on expressways until they had held their license for one year.
  • Speed Limits: Expressway speed limits were increased from 110 km/h to 120 km/h.

Penalties and Enforcement

  • Drunk Driving and Licensing Violations: Harsher penalties were introduced for drunk driving, driving without a valid license, or operating a vehicle without license plates.
  • Speeding: Drivers caught speeding 50% above the speed limit face revocation of their driver’s license.
  • Hit-and-Run: The penalty for hit-and-run accidents is permanent revocation of the driver’s license.
  • Point System: The pre-existing penalty point system was integrated into the new law.
  • Fines: Penalties were increased, with fines ranging from RMB 200 to RMB 2000. Local governments can only impose penalties within this range, unlike the previous system where local laws sometimes mandated much higher penalties.

Implementation and Local Adaptations

Beijing’s Implementation Procedures

  • Controversy and Specific Regulations: Beijing’s specific implementation procedures, passed on October 22, 2004, took effect on January 1, 2005. These regulations became a target of controversy, particularly regarding the responsibilities of vehicle drivers and pedestrians and restrictions on lanes for novice drivers.

Challenges and Enforcement

  • Reluctance to Enforce Laws on Military Vehicles: According to Xinhua News Agency, police officers were historically reluctant to pull over military vehicles, even when the drivers were breaking the law. Efforts have been made to address this issue, as evidenced by the crackdown on fake military license plates and IDs in 2009.

Conclusion

The Road Traffic Safety Law of the People’s Republic of China marks a significant step toward enhancing road safety and reducing traffic-related fatalities. It establishes clear responsibilities, enforces compulsory insurance, adjusts speed limits, and introduces stringent penalties for violations. Local adaptations, such as those in Beijing, illustrate the law’s flexible implementation across different regions, addressing specific local concerns and conditions.