The Road Traffic Safety Law of the People's Republic of China () is a

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

which was passed by the

Standing Committee of the National People's Congress The Standing Committee of the National People's Congress of the People's Republic of China (NPCSC) is the permanent body of the National People's Congress (NPC) of the People's Republic of China (PRC), which is the highest organ of state po ...

of the

People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...

on October 28, 2003, promulgated by Decree No. 8 of the President of the PRC

Hu Jintao Hu Jintao (born 21 December 1942) is a Chinese politician who served as the 16–17th general secretary of the Chinese Communist Party (CCP) from 2002 to 2012, the 6th president of the People's Republic of China (PRC) from 2003 to 2013, an ...

, and took effect on May 1, 2004, on all parts of

mainland China "Mainland China" is a geopolitical term defined as the territory governed by the People's Republic of China (including islands like Hainan or Chongming), excluding dependent territories of the PRC, and other territories within Greater China. ...

(but not in

Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delt ...

and

Macau Macau or Macao (; ; ; ), officially the Macao Special Administrative Region of the People's Republic of China (MSAR), is a city and special administrative region of China in the western Pearl River Delta by the South China Sea. With a pop ...

which have their own judicial systems.) It is the

's first-ever law on road

traffic safety Road traffic safety refers to the methods and measures used to prevent road users from being killed or seriously injured. Typical road users include pedestrians, cyclists, motorists, vehicle passengers, horse riders, and passengers of on-road ...

, and was intended to address an alarmingly high traffic fatality 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

accident An accident is an unintended, normally unwanted event that was not directly caused by humans. The term ''accident'' implies that nobody should be blamed, but the event may have been caused by unrecognized or unaddressed risks. Most researcher ...

s occur between

pedestrian A pedestrian is a person traveling on foot, whether walking or running. In modern times, the term usually refers to someone walking on a road or pavement, but this was not the case historically. The meaning of pedestrian is displayed with ...

s or non-motorised

vehicle A vehicle (from la, vehiculum) is a machine that transports people or cargo. Vehicles include wagons, bicycles, motor vehicles (motorcycles, cars, trucks, buses, mobility scooters for disabled people), railed vehicles (trains, trams), wa ...

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 law Traffic codes are laws that generally include provisions relating to the establishment of authority and enforcement procedures, statement of the Traffic#Rules of the road, rules of the road, and other safety provisions. Administrative regulations ...

s. * The new law enforces a

vehicle insurance Vehicle insurance (also known as car insurance, motor insurance, or auto insurance) is insurance for cars, trucks, motorcycles, and other road vehicles. Its primary use is to provide financial protection against physical damage or bodily injury r ...

system. Insurance on motor vehicles is now compulsory instead of voluntary. * It abolished a previous regulation which banned holders of

driver's licence A driver's license is a legal authorization, or the official document confirming such an authorization, for a specific individual to operate one or more types of motorized vehicles—such as motorcycles, cars, trucks, or buses—on a public ...

s of the PRC driving rights on

expressways Expressway may refer to: *Controlled-access highway, the highest-grade type of highway with access ramps, lane markings, etc., for high-speed traffic. *Limited-access road, a lower grade of highway or arterial road. *Expressway, the fictional slide ...

until one year after they had held the licence. * Expressway

speed limit Speed limits on road traffic, as used in most countries, set the legal maximum speed at which vehicles may travel on a given stretch of road. Speed limits are generally indicated on a traffic sign reflecting the maximum permitted speed - expres ...

s were increased from 110 km/h to 120 km/h. * Even harsher

penalties Penalty or The Penalty may refer to: Sports * Penalty (golf) * Penalty (gridiron football) * Penalty (ice hockey) * Penalty (rugby) * Penalty (rugby union) * Penalty kick (association football) * Penalty shoot-out (association football) * Penalty ...

were put in place for

drunk driving Drunk driving (or drink-driving in British English) is the act of driving under the influence of alcohol. A small increase in the blood alcohol content increases the relative risk of a motor vehicle crash. In the United States, alcohol is invo ...

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

will result in the revocation of the

. * The penalty for

hit-and-run In traffic laws, a hit and run or a hit-and-run is the act of causing a traffic collision and not stopping afterwards. It is considered a supplemental crime in most jurisdictions. Additional obligation In many jurisdictions, there may be an ...

accidents is permanent revocation of one's driver's licence. * The pre-existing point system for penalties was integrated into the new law. * Penalties are now higher, from the former

RMB The renminbi (; symbol: ¥; ISO code: CNY; abbreviation: RMB) is the official currency of the People's Republic of China and one of the world's most traded currencies, ranking as the fifth most traded currency in the world as of April 2022. ...

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

Beijing } Beijing ( ; ; ), alternatively romanized as Peking ( ), is the capital of the People's Republic of China. It is the center of power and development of the country. Beijing is the world's most populous national capital city, with over 21 ...

and

Kunming Kunming (; ), also known as Yunnan-Fu, is the capital and largest city of Yunnan province, China. It is the political, economic, communications and cultural centre of the province as well as the seat of the provincial government. The headquar ...

had enacted laws mandating penalties in the thousands of RMB.

'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 (English pronunciation: )J. C. Wells: Longman Pronunciation Dictionary, 3rd ed., for both British and American English, or New China News Agency, is the official state news agency of the People's Republic of China. Xinhua ...

, "police officers are also reluctant to pull over drivers of military vehicles even if the drivers are breaking the law". According to the ''People's Daily'', Chinese army and police seized thousands of fake military license plates and IDs.

References

External links

中华人民共和国道路交通安全法 (Road Traffic Safety Law of the People's Republic of China)

(English version) {{Transport in China Laws of China

China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...

2004 in law