Lao Hao Speaks on New Laws (Part 3): Beijing Implements New Traffic Penalty Standards
AUTO.SOHU.COM May 25, 2004, 19:45
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The host said: Hello everyone, thank you for joining the Lao Hao Speaks on New Laws column. This is already the third episode of our series, which has received great attention and welcome from netizens. Today, we are honored to have Teacher Hao here once again to speak about new laws. Netizens can directly interact with Teacher Hao online, or leave messages on our website. Teacher Hao will answer your questions in next week's program.
Netizen: I'm confused about something. The new traffic law states that the speed limit on highways is 120 km/h, but the road signs in Beijing indicate 110 km/h. Which one should we follow? Which one is correct?
Hao Manliang said: Since the new law has just been implemented, we haven't had time to remove the old signs yet. However, if the current sign indicates a speed limit of 110 km/h, then the maximum speed should be 110 km/h. According to the new Road Traffic Safety Law, when there are traffic signs on the road, vehicles should drive according to the speed indicated by the sign. Beijing will adjust its standards based on its own situation. If Beijing decides to maintain the 110 km/h standard, this standard will not be removed.
Netizen: Regarding the issue of oversized vehicles being marked as smaller ones, if the vehicle axle specifies a tonnage, now a two-ton vehicle is allowed a total weight of 20 tons and can carry 12 tons of cargo without being overloaded. Shouldn't experts consider regulating overloading through vehicle specifications?
Hao Manliang said: The problem of oversized vehicles being marked as smaller ones is a very complex issue involving several management departments. Currently, from the perspective of traffic management, this issue has been identified as an important aspect of vehicle management and is under research.
Hao Manliang said: We are currently working with relevant departments such as the National Development and Reform Commission, quality and technical supervision departments, and relevant departments of the Ministry of Transport to develop more stringent and standardized countermeasures to solve this problem. However, if netizens need to drive such vehicles, they must be realistic and must not overload them. Recently, nationwide efforts are underway to address truck overloading issues to ensure the safety of goods transportation.
Host: Now, the regulations for overloading include unloading goods at the scene.
Hao Manliang said: For overloading, all vehicles must unload goods on-site, and their weights will be measured using scales. Any vehicle exceeding the load capacity specified in the driving license must unload.
Host: What happens to the unloaded goods?
Hao Manliang said: We negotiate with the vehicle owner. The owner can handle it themselves or entrust someone else to store it.
Host: Enforcing the overloading regulations is a long-term task. Drivers should also note that the handling methods have changed and are no longer just fines.
Hao Manliang said: Nationwide, the governance of truck overloading and over-limiting started from now until June next year. Through road governance and addressing the issue of oversized vehicles being marked as smaller ones at the source, this problem will be well resolved.
Netizen: Will non-motorized vehicles have their means of transportation confiscated if they violate traffic rules?
Hao Manliang said: Non-motorized vehicles are required to pay fines if they violate traffic rules. If they refuse to pay the fine, their vehicles can be impounded.
Netizen: Who is responsible if a cyclist is hit on the second ring road?
Hao Manliang said: Cyclists are not allowed to enter the main lane of the second ring road, which is a clear traffic violation. As drivers, even if encountering such violations, we should adhere to the principle of putting people first and take necessary measures to prevent accidents. If an accident occurs despite these measures, since the driver has taken necessary actions and the cyclist indeed violated traffic rules, the responsibility of the motor vehicle driver can be reduced. However, reduction does not mean no responsibility; the driver still bears some civil compensation responsibility.
Host: On highways, if a person suddenly appears and the reaction time is only a few seconds, leading to a collision, the driver is not entirely at fault. But according to the new law, they still bear compensation responsibility.
Hao Manliang said: The new law stipulates that we put people first. This principle has become an international legislative trend, meaning that most countries worldwide use putting people first as a guideline for establishing various laws and regulations. Therefore, China's Road Traffic Safety Law follows this international trend and puts people first. Even though entering highways is illegal, drivers are required to avoid collisions if possible. Human life cannot be measured in monetary terms.
Hao Manliang said: Additionally, internationally, there is a concept called "objective guilt," which suggests that while cars bring convenience, they also cause disasters. Objectively, driving a car on the road is considered a "guilty" act because it poses a threat to people. Thus, adhering to the principle of putting people first involves following internationally accepted practices.
Netizen: Can taxis travel in the innermost lane of the second and third ring roads? If not, can they borrow the innermost lane to overtake other vehicles?
Hao Manliang said: This netizen is likely a taxi driver in Beijing. According to the announcement from the Beijing Public Security Traffic Management Bureau, taxis are not allowed to drive in the innermost main lanes of the second and third ring roads, nor are they allowed to borrow lanes for overtaking. If Beijing taxis drive in the innermost lanes of the second and third ring roads or borrow lanes for overtaking, it is considered a traffic violation and will be penalized.
Netizen: How are cases handled when non-motorized vehicles scrape parked vehicles in parking lots or on the roadside?
Hao Manliang said: If the roadside has designated parking spaces and your car is parked there, and a non-motorized vehicle collides with your car, the non-motorized vehicle is fully responsible. However, how do we determine this? Capturing the person who caused the collision and pointing out that they hit your car would clearly make them fully responsible. Since your vehicle was stationary and not in transit, you were not violating any rules.
Host: In residential areas, there are often instances of vehicles parking illegally. If a non-motorized vehicle scrapes a parked vehicle under such circumstances, who is responsible?
Hao Manliang said: It is the responsibility of the motor vehicle. Since the motor vehicle was parked in a no-parking zone, it clearly obstructed and affected the passage of non-motorized vehicles. Whoever violates the rules is responsible. In this case, the motor vehicle violated the rules, so the motor vehicle driver should be held accountable.
Netizen: What penalties will front-seat passengers face if they don't wear seat belts?
Hao Manliang said: According to the provisions of the Traffic Safety Law, pedestrians and passengers who violate legal regulations will be fined between five yuan and fifty yuan, with each region determining the specific amount within this range. In Beijing, front-seat passengers who fail to wear seat belts will be fined twenty yuan. Some cities have stricter penalties than Beijing; for example, in Shijiazhuang, front-seat passengers who don't wear seat belts will be fined fifty yuan.
Host: This penalty has already been enforced in Beijing. If you're sitting in the front seat of a taxi, you must wear a seat belt.
Netizen: Why is there only a maximum speed limit and no minimum speed limit, especially on highways?
Hao Manliang said: There is indeed a minimum speed limit on highways. Generally speaking, the maximum speed on highways cannot exceed 120 kilometers per hour. The minimum speed on highways cannot be less than 60 kilometers per hour. For lanes, if there are two lanes in the same direction, the minimum speed for the left lane is 100 kilometers per hour. If there are three or more lanes in the same direction, the minimum speed for the leftmost lane is 110 kilometers per hour, and the minimum speed for the middle lane is 90 kilometers per hour. Please abide by the minimum speed limit.
Netizen: Who pays for emergency medical expenses when a pedestrian is hit? Is it covered by insurance?
Hao Manliang said: Regarding who pays for emergency medical expenses, Chapter Five of the Safety Law, which deals with traffic accident handling, provides very clear regulations. If the offending vehicle has participated in mandatory third-party liability insurance, the insurance company pays the emergency medical expenses within the scope of responsibility. If the vehicle has not participated in mandatory third-party liability insurance or fled after the accident, the Road Traffic Accident Social Assistance Fund will provide preliminary funding.
Host: The time between an accident occurring and requiring payment is very short. During this period, there is usually a delay in processing by the insurance company. Should the driver pay first, followed by the insurance company?
Hao Manliang said: Not exactly. The law requires hospitals to promptly rescue individuals involved in traffic accidents without delaying treatment due to cost concerns. This fully reflects respect for human rights and the principle of putting people first. Hospitals no longer worry because previously, they faced issues with unpaid rescue costs, leading to claims that hospitals are not charity organizations. The new law not only mandates that hospitals provide timely rescue services but also establishes two sources for covering rescue costs: insurance companies and the Road Traffic Accident Social Assistance Fund. With these two sources, hospitals no longer have to worry, making this a very humane regulation.
Netizen: How do traffic police handle drunk driving at the scene? What penalties will be imposed?
Hao Manliang said: First, traffic police will use alcohol testers (breathalyzers) to check whether alcohol is present and the level of alcohol content. Second, any presence of alcohol is considered drunk driving, and if the alcohol content exceeds a certain standard, it is considered driving under the influence. Beijing's standard is that blood alcohol content exceeding 100 milligrams per 100 milliliters is considered driving under the influence. For drunk driving, penalties are enforced according to Article 91(1) of the Road Traffic Safety Law: a fine of 500 yuan, six demerit points, and suspension of the driver's license for one to three months. For driving under the influence, a fine of 2000 yuan, detention for 15 days, and suspension of the driver's license for three to six months.
Host: At what alcohol level does one reach the standard for driving under the influence?
Hao Manliang said: Consuming three bottles of beer will exceed 100 milligrams, one bottle constitutes drunk driving, and three bottles reach the standard for driving under the influence.
Netizen: Will illegally parked vehicles be towed away? What are the towing fees?
Hao Manliang said: If the driver of an illegally parked vehicle is not present, the vehicle will be towed away, and towing is free of charge.
Netizen: Are there any new measures for public bus violations? How are buses occupying non-bus lanes penalized?
Hao Manliang said: For buses traveling in non-bus lanes, this is considered borrowing lanes, and after borrowing, they return to the bus lane. In Beijing, buses that do not follow the designated lanes can be fined 50 yuan.
Netizen: Does third-party liability insurance only take effect when the insured party is at fault? Does this mean that motor vehicles can only receive insurance compensation when they bear responsibility?
Hao Manliang said: The responsibility we refer to here is civil compensation responsibility. After the implementation of the new law on May Day, if a motor vehicle is involved in a traffic accident with a non-motorized vehicle or pedestrian, you must bear compensation responsibility. This is the principle of strict liability.
Hao Manliang said: Between motor vehicles, the principle of fault-based liability applies, where the party at fault bears the compensation responsibility. If both parties are at fault, the responsibility is divided according to the proportion of fault. Therefore, there will be no situation where there is no responsibility and thus no effect. Because as long as a motor vehicle is involved in a traffic accident, especially with pedestrians and non-motorized vehicles, you will definitely bear some responsibility.
Netizen: If the responsible party intentionally delays repair time after an accident, can the victim repair the vehicle first?
Hao Manliang said: This matter is not clearly stipulated in traffic laws and regulations and falls under civil disputes, which can be resolved through negotiation between the parties.
Netizen: What types of special vehicles are included? Is an armored cash transport vehicle considered a special vehicle?
Hao Manliang said: According to legal definitions, special vehicles are limited to four types: police cars, fire trucks, engineering rescue vehicles, and ambulances. Others are not classified as special vehicles. Armored cash transport vehicles are specialized vehicles but not special vehicles.
Netizen: Does the new law specify a minimum speed limit for vehicles traveling on the second and third ring roads?
Hao Manliang said: The minimum speed limit for vehicles on Beijing's second and third ring roads is currently maintained at 50 kilometers per hour.
Netizen: Why are exhaust emissions tested annually, but inspections occur every two years?
Hao Manliang said: This matter does not fall under the responsibilities of traffic police. Please consult environmental protection departments.
Netizen: Can violations by vehicles be reported?
Hao Manliang said: Vehicles emitting black smoke should be reported to the environmental protection department. We can assist the environmental protection department in locating the vehicles. When reporting, please provide the vehicle number, and we will relay the vehicle information to the environmental protection department for investigation. Regulations prior to May Day allowed traffic police to penalize vehicles emitting black smoke, but after May Day, traffic police have no authority to impose penalties but can hand over the vehicle to the environmental protection department for handling.
Hao Manliang said: Each administrative law enforcement department must fulfill its own duties. If one administrative law enforcement department enforces laws on behalf of another without authorization, it constitutes illegal and overstepping enforcement. Our country’s administrative law enforcement departments are standardizing this behavior, and we must also standardize our own actions. Police officers are not responsible for everything.
Netizen: Are there any special provisions and penalties for speeding on highways under the new law?
Hao Manliang said: Yes. For speeding on highways, if the speed does not exceed 50%, the fine is 200 yuan. If the speed exceeds 50% of the specified limit, the fine is 2000 yuan, six demerit points, and revocation of the driver's license.
Netizen: Is there a time limit for traffic police to arrive at the scene of an accident under the new law?
Hao Manliang said: There is no explicit provision in laws and regulations, but according to our 122 emergency response standards, we internally require traffic police to arrive at the scene as quickly as possible.
Netizen: If a non-motorized vehicle cannot afford the economic penalty, will it still be penalized?
Hao Manliang said: Non-motorized vehicle drivers who commit traffic violations should be penalized. We believe non-motorized vehicles have the ability to accept penalties. If they refuse to pay, we will impound the vehicle.
Netizen: How is compensation provided for operational vehicles without responsibility in the event of an accident, such as losses incurred by taxis during repairs and downtime?
Hao Manliang said: Regarding compensation for operational vehicles, taxi drivers should file a civil lawsuit with the local court, and the court's civil division will resolve issues related to lost income from operational vehicles.
Netizen: What training have we provided to traffic police regarding the new law? How is the training going?
Hao Manliang said: In Beijing, the training for traffic police on the new law is quite rigorous, and we have adopted various forms to train them. First, we have set specific requirements for traffic police to study the new law and its implementation regulations, requiring them to memorize the content of the new law. The Beijing Traffic Management Bureau has also issued codes for penalties for traffic safety violations and scoring standards, requiring traffic police to memorize nearly 200 codes thoroughly.
Hao Manliang said: Second, we have organized specialized personnel to conduct lectures on the Traffic Safety Law for traffic police. Third, every traffic police officer in Beijing must participate in a one-month full-time training session. The first phase of training for 160 people has already concluded, and the second phase will begin on May 31st.
Netizen: Approximately when will Shanghai cancel the auction of private car license plates? What will be the future trend of car license plate prices?
Hao Manliang said: Sorry, netizen, I am a police officer from the Beijing Traffic Management Bureau and am not familiar with the situation in Shanghai. I cannot provide detailed answers to your question.
Host: Teacher Hao has brought today the latest "Penalty and Scoring Standards for Traffic Safety Violations" that are currently being enforced. We invite Teacher Hao to discuss the detailed contents of this standard.
Hao Manliang said: According to Article 123 of the Road Traffic Safety Law, each region can establish specific enforcement standards within the fine ranges specified in the Traffic Safety Law based on local actual conditions. The Safety Law has been in effect since May 1st, and Beijing has established penalties for motor vehicle drivers who violate road passage regulations ranging from 20 to 200 yuan. Specific behaviors have been categorized, and a quantified standard has been provided. For example, failing to follow directional signs or traffic police instructions results in a 100-yuan fine. Failing to follow prohibitory signs, warning signs, prohibited lines, or warning lines results in a 100-yuan fine and two demerit points. Failing to follow traffic signal lights results in a 200-yuan fine and three demerit points.
Hao Manliang said: There are also new regulations with set penalties. For example, failing to follow alternating passage regulations results in a 100-yuan fine. Cutting in line when vehicles ahead are queued up results in a 200-yuan fine. Failing to stop and yield to pedestrians at crosswalks results in a 200-yuan fine and two demerit points. These are the penalties for motor vehicle drivers' violations on the road. According to the Traffic Safety Law, pedestrians, passengers, and non-motorized vehicle drivers who violate road passage regulations can be fined between five and fifty yuan.
Hao Manliang said: Beijing has further refined these regulations. For instance, running a red light on a bicycle results in a 20-yuan fine, carrying passengers on a bicycle results in a 20-yuan fine, non-motorized vehicles and pedestrians entering highways result in a 50-yuan fine, and front-seat passengers not wearing seat belts result in a 20-yuan fine. We urge our netizens to voluntarily comply with these new regulations, especially those in Beijing, who should follow the new Traffic Safety Law and its implementation regulations.
Hao Manliang said: Here, I would like to remind netizens that laws serve as deterrents. When you see such high penalties, you are deterred from committing violations. This is about maintaining order and protecting yourself. We hope that netizens will voluntarily abide by the law and not be subject to heavy penalties due to traffic violations, which would not be worthwhile.
Host: Listening to Teacher Hao, we can see that the legislative department has put a lot of thought into this. The purpose of fines is not the goal; rather, it is to ensure that the general public remembers not to violate the law again, thereby ensuring personal safety.
Hao Manliang said: Here, I would like to remind netizens that knowing the content of the Traffic Safety Law and the penalties for violations is not enough. One must also practice traffic ethics. For example, self-discipline belongs to the realm of morality. We find that many people violate traffic safety laws not because they are unaware or ignorant but because they lack self-discipline or have侥幸psychology, which is unacceptable.
Netizen: Are the penalties and scoring standards for traffic safety violations local standards in Beijing?
Hao Manliang said: These are standards set by the Beijing Traffic Management Bureau under the authorization of the Road Traffic Safety Law within the range specified by the law. They are currently being piloted citywide.
Host: Thank you very much, Teacher Hao, for sharing so much new knowledge with us today. All our friends will meet again at the same time next Tuesday. Thank you, Teacher Hao, and thank all the netizens for participating in today's chat.