By Zhu Zhe (China Daily)
Updated: 2007-10-26 07:24

Lawmakers are considering revising the road safety law to clarify the respective responsibilities of drivers and pedestrians involved in traffic accidents.

The draft amendment to the Road Transportation Safety Law, tabled at the Standing Committee of the National People's Congress (NPC) for its first review Thursday, suggests car drivers who are found to be blameless should be liable for no more than 10 percent of the total compensation payment.

It suggests they should pay 40 percent if they are found to have had a "minor" responsibility for the accident, 60 percent for "half" responsibility and 80 percent for "major" responsibility.

The existing law holds motorists fully responsible for all accidents involving pedestrians or non-motorized vehicles, regardless of who is to blame.

Only if a driver can prove the other party broke a traffic rule and that they attempted to avoid collision, can he or she escape the burden of total responsibility.

This detail has caused great controversy since the law's implementation in 2004.

Many motorists have said it is unfair the law punishes them while allowing pedestrians and those in charge of non-motorized vehicles to get away with bad behavior on the road and escape responsibility.

In December 2005, for example, Liu Huan, a motorist from Beijing, was forced to pay nearly 100,000 yuan ($13,000) to the family of Cao Zhixiu, who was knocked down and killed while illegally crossing a main road, which was off limits to pedestrians and non-motorized vehicles.

Bai Jingfu, vice-minister of public security, defended the current law to the NPC Standing Committee, saying it was designed to protect pedestrians and the drivers of non-motorized vehicles. But he admitted the provision had caused increasing friction between motorists and pedestrians.

Bai said in practice, the responsibilities have been clarified in many local regulations, but "it also leads to another problem - a lack of coherence in law enforcement nationwide".

"Therefore, we consider it necessary to make it clear how to define responsibilities in the amendment," he said.

Bai said the revision comes also in response to several proposals and suggestions from NPC deputies and members of the Chinese People's Political Consultative Conference.

While lawmakers said they welcomed the revision, they also had a heated debate over whether specific proportions of responsibility should be set in the law.

Standing Committee member Zhou Yuqing said: "The revision shows the legislature is paying closer attention to public opinion. A clear definition of responsibilities will make it much easier for the law to be enforced."

However, other members said that in consideration of different situations in the country, it would be better the law sets a principle rather than precise details.

Zhao Di, also a committee member, said: "I've talked with some drivers, and they agree the proportions should be made by local legislature."

Several members, however, questioned why motorists should have to pay no more than 10 percent of the compensation, even if they are blameless.

"It's obviously unfair," Chen Shineng said.