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

(npc.gov.cn) Updated : 2015-08-17

Section 3

Provisions on the Passage of Non-motor Vehicles

Article 57 When riding a non-motor vehicle on roads, the person shall observe the regulations on traffic safety. Non-motor vehicles shall run in the bicycle lane; and where there is no bicycle lane, they shall run on the right side of the motor vehicle lane.

Article 58 When motor wheelchairs for the disabled and battery-powered bicycles run in the bicycle lane, their maximum speed per hour shall not exceed 15 kilometers.

Article 59 Non-motor vehicles shall be parked at specified areas. Where no such parking areas are delimited, such vehicles shall be parked at places where the passage of other vehicles and pedestrians are not impeded.

Article 60 Tame animals shall be used for animal-drawn carts; when an animal-drawn cart crosses a road, the driver shall get off the cart to guide the animals; and when the driver leaves the cart, he shall have the animals tethered.

Section 4

Provisions on the Passage of Pedestrians and Passengers

Article 61 Pedestrians shall walk on sidewalks or on the side of roads where there are no sidewalks.

Article 62 Where pedestrians pass road crossings or walk across roads, they shall use the crosswalks or overhead (or underground) pedestrian crossings; when passing crosswalks with traffic signal lights, they shall follow the direction of the traffic signal lights; and when passing junctions without traffic signal lights and crosswalks, or walking across roads at the sections without overhead (or underground) crossings, they shall pass only when they are sure of safety.

Article 63 Pedestrians shall not stride over, rest or sit on road isolation facilities, or jump onto vehicles, or forcibly block vehicles, or jeopardize road traffic safety in other ways.

Article 64 When preschool-age children and persons suffering from mental disorder or mental retardation who are incapable of perception or controlling their own behavior walk on roads, they shall be guided by their guardians, persons entrusted by their guardians or persons responsible for taking care of and protecting them.

Blind persons walking on roads shall use sticks for blind persons or take other measures to guide themselves; and vehicles shall make way to blind persons.

Article 65 When passing railroad crossings, pedestrians shall follow the signals or the direction of persons in charge; and where there are no traffic signals or no persons in charge, they shall quickly pass when they are sure that no trains are coming.

Article 66 Passengers shall not bring with them such dangerous articles as inflammable substances and explosives, throw things out of the vehicles, or act in such a way as to prevent the drivers from driving safely.

Section 5

Special Provisions on Expressways

Article 67 No pedestrians, non-motor vehicles, tractors, special wheeled mechanical vehicles, articulated passenger buses, full trailers and other motor vehicles with the designed maximum speed below 70 kilometers per hour shall enter expressways. The maximum speed marked on the speed limit signs of expressways shall not exceed 120 kilometers per hour.

Article 68 When a motor vehicle breaks down on an expressway, it shall be handled in accordance with the relevant provisions of Article 52 of this Law; but the warning sign shall be put at a place beyond 150 meters in the direction the broken vehicle is running, and the persons on the vehicle shall quickly move to the curb on the right side of the expressway or to the emergency lane and report to the traffic police.

When a motor vehicle cannot run normally on an expressway due to a breakdown or a traffic accident, it shall be pulled or towed away by a rescue vehicle or an obstacle-removing vehicle.

Article 69 No units or individuals shall intercept and inspect vehicles running on expressways, except the people’s police of the public security organs who are performing emergency official duties according to law.

Chapter V

Disposition of Traffic Accidents

Article 70 When a traffic accident occurs on the road, the driver shall immediately stop the vehicle and keep the scene intact; and if the accident causes casualties, the driver shall immediately rescue the injured persons, and speedily report to the traffic police on point duty or to the traffic control department of the public security organ. If the scene of the accident is changed due to rescue of the injured persons, the location of the scene shall be marked out clearly. The passengers, drivers of the passing vehicles, and passing pedestrians shall offer help.

Where a traffic accident that occurs on the road does not cause casualties and the parties have no objections to the facts and causes of the accident, they may immediately withdraw from the scene of the accident for restoration of traffic and, through consultation, settle the matters of compensation for damages themselves; and if they do not withdraw from the scene immediately, they shall speedily report to the traffic police on point duty or to the traffic control department of the public security organ.

Where a traffic accident that occurs on the road only causes slight property losses and the facts are basically clear, the parties shall withdraw from the scene before proceeding to settle the matter through consultation.

Article 71 Where a vehicle escapes after the occurrence of a traffic accident, the witnesses on the scene and other persons in the know shall report to the traffic control department of the public security organ or to the traffic police. If the report is proved to be true, the said department shall give them rewards.

Article 72 Upon receiving the report on a traffic accident, the traffic control department of the public security organ shall immediately dispatch traffic police to the scene, who shall first arrange for the rescue of the injured persons, and take measures to restore traffic as soon as possible.

Traffic police shall conduct inspection and examination of the scene of the traffic accident and collect evidence; and the traffic police may distrain the vehicle involved in the accident for the need of collection of evidence, but shall take good care of the vehicle for examination.

With respect to the more professional check of the parties’ physiological and mental conditions, the traffic control department of the public security organ shall entrust a special institution to make an appraisal. The conclusion of the appraisal shall be signed by the appraiser.

Article 73 The traffic control department of the public security organ shall, on the basis of the inspection, examination and investigation conducted on the scene of the traffic accident as well as the relevant conclusions of the check and appraisal, produce a written confirmation of the traffic accident without delay, which shall serve as evidence for disposition of the traffic accident. In the written confirmation of the traffic accident shall clearly be stated the basic facts and causes of the accident as well as the liability of the parties, and the written confirmation shall be served to the parties.

Article 74 With respect to the dispute that arises over the compensation for damages caused by a traffic accident, the parties may request the traffic control department of the public security organ for mediation, or directly bring a civil suit in a people’s court.

Where after mediation by the traffic control department of the public security organ, the parties fail to reach an agreement or do not act in accordance with the mediation document after it becomes effective, they may bring a civil suit in a people’s court.

Article 75 Medical institutions shall, without delay, rescue the persons injured in traffic accidents, and they shall not delay the rescue and treatment due to the fact that the fees for the rescue are not paid in time. Where the compulsory third party liability insurance is bought for vehicles causing accidents, the insurance company shall pay the rescue expenses within the liability limit; and where the rescue expenses exceed the liability limit, and where such insurance is not bought or the vehicles escape after the occurrence of accidents, the social aid fund for road traffic accidents may pay part or total of the rescue expenses in advance, and the administrative body of the social aid fund for road traffic accidents shall have the right to recover the rescue expenses already paid from the persons liable for the traffic accidents.