Article 76

A recent CCTV news report in late July provoked debate over the controversial "Article 76" of the new Road Traffic Safety Law. In an item of news broadcast at noon, pictures were shown of two pedestrians ignoring the red light signals and being knocked over. One of the pedestrians was injured and another killed.

The pedestrians did not cross the street on the zebra crossing. The news said that the pedestrians shouldered most responsibility and warned the audience that breaking traffic rules can cost dearly.

Meanwhile, attention has focused on Article 76 of the Road Traffic Safety Law, which stipulates that the driver of a motor vehicle should take responsibility for an accident involving non-motor parties unless he is proved to have taken necessary prevention measures. This has long been under dispute because of its ambiguity.

Non-motor traffic

As people complain about Beijing's traffic problems, some may have noticed that there is almost no fine at all for pedestrians or bicycles breaking traffic rules.

According to Li Jianhua, director of Beijing Traffic Management Bureau, in 485 cases of death in motor vehicle accidents in the first six months of this year, nearly 70 per cent were caused by drivers trying to dodge non-motorised vehicles or pedestrians. In other words, most traffic accidents are related to non-motorised vehicles and pedestrians.

Li made these comments at a conference on August 20 to launch a 40-day strict rectification of non-motor traffic in Beijing, which starts on September 1.

The following are some of the six kinds of activities to be targeted:

Non-motor vehicles breaching traffic lights, carrying passengers, or going the opposite direction to traffic;

Pedestrians not crossing at zebra crossings or going against traffic lights. People distributing advertising leaflets or begging on the road;

Motor vehicles with no proper plates;

Illegal taxis, agricultural vehicles going into forbidden areas;

Non-motor vehicles that install engines;

Motor vehicles that have been illegally repaired or restored.

(China Daily 08/25/2005 page4)