|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II APPLICATION FOR MOTOR VEHICLE DRIVING LICENSES Section 1 Motor Vehicle Driving Licenses Section 2 Conditions for Application Section 3 Application, Examination and License Issuance CHAPTER III REPLACEMENT, RE-ISSUANCE AND NULLIFICATION OF LICENSES CHAPTER IV SCORING AND CHECK CHAPTER V SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Provisions are formulated in accordance with the "Road Traffic Safety Law of the People's Republic of China", the "Regulation on the Implementation of Road Traffic Safety Law of the People's Republic of China" and the "Administrative Permit Law of the People's Republic of China" in order to regulate the application for and use of motor vehicle driving licenses, reinforce the procedures of approving and issuing driving licenses, maintain the road traffic order, guarantee the road traffic safety, and protect the lawful rights and interests of the license holders. Article 2. The power to enforce the present Provisions shall remain with the traffic administrations of the public security organ. The vehicle management office of the traffic administration of the public security organ of a municipality under the Central Government or city (prefecture) shall be responsible for handling the motor vehicle driving license affairs within its own jurisdiction. The scope for a vehicle management office of the traffic administration of a public security organ at the county level to handle motor vehicle driving license affairs shall be determined by the traffic administration of the public security organ at the provincial level. Article 3. A vehicle management office shall, when handling motor vehicle driving license affairs, observe the principles of publicity, justness and convenience. Article 4. A vehicle management office shall, when handling motor vehicle driving license affairs, accept the applications in accordance with the law, check the documents submitted by the applicants, and issue the motor vehicle driving licenses according to the prescribed procedures and time limit to those who have met the conditions. Whoever applies for a motor vehicle driving license shall truthfully submit the prescribed documents to the vehicle management office, and truthfully state the prescribed particulars. Article 5. A motor vehicle driving license issued by a vehicle management office shall be printed with the computer management system, otherwise the motor vehicle driving license shall be invalid. The software for computer management of motor vehicle driving licenses shall be uniformly applied throughout the country. The computer control program used in the links of acceptance, examination, and license making shall record the whole procedures including application, acceptance, examination on each subject, issuance of driving license, and the handler, and be able to transmit the relevant information to the public security traffic management information system of the whole country. Article 6. The traffic administration of a public security organ at the provincial level shall build up its homepage on the Internet, facilitate the masses' access to the network so that they may consult the relevant provisions on driving license, download and use the relevant forms, and fill in the pattern. CHAPTER II APPLICATION FOR MOTOR VEHICLE DRIVING LICENSES Section 1 Motor Vehicle Driving Licenses Article 7. A motor vehicle driving license shall record and indicate the following contents: (1) the license holder's information: name, sex, date of birth, nationality, domicile, number of identity proof (number of motor vehicle driving license), and photo; (2) the contents indicated by the vehicle management office: date of obtaining the license for the first time, code of the vehicle type permitted to drive, starting date of the validity period, validity period, seal of the issuing organ, and serial number of archive. Article 8. The vehicle types permitted to be driven by motor vehicle drivers may be divided in an up-to-bottom sequence into large buses, tractors, city buses, medium-sized buses, large goods vehicles, small vehicles, small automatic shift vehicles, low-speed goods vehicles (former four-wheel agricultural transport vehicles, same as below), three-wheelers (former three-wheel agricultural transport vehicles, same as below), common three-wheel motorcycles, common two-wheel motorcycles, light motorcycles, wheeled self-move mechanical vehicles, trolley buses and tramcars (Annex 1). Article 9. The validity period of a motor vehicle driving license shall be 6 years, 10 years or permanent. The validity period of a temporary driving license shall be 1 year. The first year as of preliminarily obtaining a motor vehicle driving license shall be the period of internship. Article 10. Anyone who is at the age of 60 or over shall not drive a large bus, tractor, city bus, medium-sized bus, large goods vehicle, trolley bus or tramcar. Anyone who is at the age of 70 or over shall not drive a low-speed goods vehicle, three-wheeler, common three-wheel motorcycle, common two-wheel motorcycle or wheeled self-move mechanical vehicle. Article 11. A motor vehicle driver shall not simultaneously hold two or more motor vehicle driving licenses which are valid simultaneously. Article 12. A foreigner who holds a foreign driving license shall apply for a temporary driving license, if he lives in the inland of the People's Republic of China for less than one year. A resident from Hong Kong or Macao Special Administrative Region or Taiwan Region who holds a foreign driving license shall apply for a temporary driving license, if he lives in the inland of the People's Republic of China for less than one year. Section 2 Conditions for Application Article 13. Whoever applies for a motor vehicle driving license shall conform to the following provisions: (1) Age: 1. If he applies for the driving license of a small vehicle type, small automatic shift vehicle type or light motorcycle type permitted to drive, he shall be at the age of 18 or over, but under 70; 2. If he applies for the driving license of a low-speed goods vehicle type, three-wheeler type, common three-wheel motorcycle type, common two-wheel motorcycle type or wheeled self-move mechanical vehicle type permitted to drive, he shall be at the age of 18 or over, but under 60; 3. If he applies for the driving license of a city bus type, medium-sized bus type, large goods vehicle type, trolley bus type or tramcar type permitted to drive, he shall be at the age of 21 or over, but under 50; 4. If he applies for the driving license of a tractor type permitted to drive, he shall be at the age of 24 or over, but under 50; 5. If he applies for the driving license of a large bus type permitted to drive, he shall be at the age of 26 or over, but under 50; (2) Physical status: 1. Stature: the stature of anyone who applies for the driving license of a large bus type, tractor type, large goods vehicle type, city bus type or trolley bus type permitted to drive shall be 155 centimeters or above. The stature of anyone who applies for the driving license of a medium-sized bus type permitted to drive shall be 150 centimeters or above; 2. Eyesight: for anyone who applies for the driving license of a large bus type, tractor type, medium-sized bus type, large goods vehicle type, city bus type, trolley bus type or tramcar type permitted to drive, the naked vision or corrected vision of both eyes shall be 5.0 or above in the logarithmic visual chart; for anyone who applies for the driving license of any other vehicle type permitted to drive, the naked vision or corrected vision of both eyes shall be 4.9 or above in the logarithmic visual chart; 3. Color sense: he has no red or green color blindness; 4. Audition: he is able to identify the direction of sound source when both of his ears are separately 50 centimeters distant from the tuning fork; 5. Upper limbs: the thumbs of his hands are healthy, either of his hand must have three other healthy fingers, and the moving function of his limbs and fingers is normal; 6. Lower limbs: the moving function is normal. For anyone who applies for driving a manual shift vehicle, the length difference of his lower limbs shall not be more than 5 centimeters; for anyone who applies for driving an automatic shift vehicle, his right lower limbs shall be healthy; 7. Trunk and neck: there is no impediment in moving function. Article 14. Whoever is under any of the following circumstances shall not apply for a motor vehicle driving license: (1) He has organic cardiopathy, epilepsy, Meniere's syndrome, vertigo, hysteria, parkinsonism, mental disease, aphrenia, or nervous system disease that affects the movement of limbs, or any other disease that impedes safe driving; (2) He takes or is injected with drugs, or takes dependent psychotropic drugs for long and becomes addicted, and has not given them up; (3) It has not been 2 years after his motor vehicle driving license is suspended; (4) He escaped after causing a traffic accident and thus his motor vehicle driving license was suspended; (5) It has not been 3 years since his motor vehicle driving license was revoked; or (6) Other circumstances prescribed in laws and regulations. Article 15. The vehicle type permitted to be driven by anyone who applies for a motor vehicle driving license for the first time may be a city bus, large goods vehicle, small vehicle, small automatic shift vehicle, low-speed goods vehicle, three-wheeler, common three-wheel motorcycle, common two-wheel motorcycle, light motorcycle, wheeled self-move mechanical vehicle, trolley bus, or tramcar. The vehicle type permitted to be driven by anyone who applies for a motor vehicle driving license at his temporary residential place for the first time may be a small vehicle, small automatic shift vehicle, low-speed goods vehicle, three-wheeler, common three-wheel motorcycle, common two-wheel motorcycle, or light motorcycle. Article 16. Whoever holds a driving license and applies for adding a new vehicle type permitted to drive shall have no full-point records within the latest scoring period prior to his application. If he applies for adding a large bus type, tractor type, or medium-sized bus type permitted to drive, he shall conform to the following provisions in addition: (1) If he applies for adding a medium-sized bus type permitted to drive, he shall have obtained the qualification to drive small vehicle type, small automatic shift vehicle type, low-speed goods vehicle type or three-wheeler type permitted to drive for three years or more, and have no full-point records within the latest two consecutive scoring periods prior to the application; or shall have obtained the qualification to drive large goods vehicle type permitted to drive for one year or more, and have no full-point records within the latest scoring period prior to the application; (2) If he applies for adding a tractor type permitted to drive, he shall have obtained the qualification to drive medium-sized bus type or large goods vehicle type permitted to drive for three years or more, and have no full-point records within the latest two consecutive scoring periods prior to the application; or shall have obtained the qualification to drive large bus type permitted to drive for one year or more, and have no full-point records within the latest scoring period prior to the application; (3) If he applies for adding a large bus type permitted to drive, he shall have obtained the qualification to drive medium-sized bus type or large goods vehicle type permitted to drive for five years or more, and have no full-point records within the latest three consecutive scoring periods prior to the application; or shall have obtained the qualification to drive tractor type permitted to drive for two years or more, and have no full-point records within the latest scoring period prior to the application; and (4) The vehicle types permitted to drive, which may be added upon application at a temporary residential place, shall include small vehicles, small automatic shift vehicles, low-speed goods vehicles, three-wheelers, common three-wheel motorcycles, common two-wheel motorcycles, and light motorcycles. Article 17. Whoever applies for adding a large bus type, tractor type or medium-sized bus type permitted to drive shall not have any record on bearing principal or heavier liabilities for a traffic accident causing death. Article 18. Whoever holds a motor vehicle driving license issued by the Army or Armed Police Force, or a motor vehicle driving license issued in Hong Kong or Macao Special Administrative Region or Taiwan Region may, and meets the conditions for application in the present Provisions, apply for a motor vehicle driving license corresponding to the vehicle type permitted to drive. Where any resident within the inland of China who holds a foreign motor vehicle driving license meets the conditions for application in the present Provisions, he may apply for a motor vehicle driving license corresponding to the vehicle type permitted to drive, provided that he shall conform to the provisions in Paragraph 2 of Article 15, if he files the application at the temporary residential place. Where any foreigner or any resident from Hong Kong or Macao Special Administrative Region or Taiwan Region who holds a motor vehicle driving license meets conditions for application in the present Provisions, he may apply for a motor vehicle driving license or temporary driving license corresponding to the vehicle type permitted to drive. Section 3 Application, Examination and Issuance of Licenses Article 19. Whoever applies for a motor vehicle driving license shall file an application to the vehicle management office in accordance with the following provisions: (1) A resident of the inland who resides at his household register place shall file the application at his household register place; (2) A resident of the inland who resides at the temporary residential place may file the application at his temporary residential place; (3) A serviceman (or armed policeman) shall file the application at his residential place; (4) A resident from Hong Kong or Macao Special Administrative Region or Taiwan Region who lives in the inland shall file the application at his habitation place; (5) A foreigner who lives within the territory of China shall file the application at his habitation place; and (6) Whoever applies for adding a vehicle type permitted to drive shall file the application at the place where the motor vehicle driving license held was issued. Article 20. Whoever applies for a motor vehicle driving license for the first time shall fill out the "Application Form for Motor Vehicle Driving License", and submit the following proofs and documents: (1) his identity proof; and (2) the relevant proof on his physical conditions issued by a medical treatment institution at the county level or army regimental level or above. Article 21. Whoever applies for adding a vehicle type permitted to drive shall, in addition to filling out the "Application Form for Motor Vehicle Driving License", and submitting the proofs and documents prescribed in Article 20, submit the motor vehicle driving license he holds. Article 22. Whoever holds a motor vehicle driving license issued by the Army or Armed Police Force shall, when applying for a motor vehicle driving license, fill out the "Application Form for Motor Vehicle Driving License", and submit the following proofs and documents: (1) his identity proof; if he is demobilized, transferred or discharged from the Army, he shall submit the proof of demobilization, transfer or discharge issued by the Army or Armed Police Force; (2) the relevant proof on his physical conditions issued by a medical treatment institution at the county level or army regimental level or above; and (3) the motor vehicle driving license issued by the Army or Armed Police Force. Article 23. Whoever holds a motor vehicle driving license issued in Hong Kong or Macao Special Administrative Region or Taiwan Region, or whoever holds a foreign motor vehicle driving license shall, when applying for a motor vehicle driving license or temporary driving license, fill out the "Application Form for Motor Vehicle Driving License", and submit the following proofs and documents: (1) his identity proof ; (2) the relevant proof on his physical conditions issued by a medical treatment institution at the county level or above; and (3) the motor vehicle driving license he holds; if it is not in Chinese, he shall provide a version translated into Chinese, in addition. Article 24. Where anyone from a foreign embassy or consulate accredited to China or from an international organization's representative office in China, who holds a motor vehicle driving license issued in Hong Kong or Macao Special Administrative Region or Taiwan Region, or who holds a foreign motor vehicle driving license shall, when applying for a motor vehicle driving license, fill out the "Application Form for Motor Vehicle Driving License", and submit the following proofs and documents: (1) his identity proof; and (2) the motor vehicle driving license he holds; if it is not in Chinese, he shall provide a version translated into Chinese, in addition. Article 25. A vehicle management office shall accept the application which meets the conditions for a motor vehicle driving license, and arrange for an exam within 30 days after the applicant has made an exam appointment. Article 26. The exam subjects are divided into the exam subject on road traffic safety laws, regulations and relevant knowledge (hereinafter referred to "Subject 1"), the exam subject on ground driving skills (hereinafter referred to "Subject 2"), and the exam subject on road driving skills (hereinafter referred to "Subject 3"). The exams shall be held in the order of Subject 1, Subject 2, and Subject 3. An applicant may not attend the exam on the latter subject until he has passed the exam on the former one. After anyone who applies for a motor vehicle driving license for the first time or applies for adding a vehicle type permitted to drive has passed the exam on subject 1, the vehicle management office shall issue a proof on permitting attendance of exam on driving skills within 3 working days. The validity period for the proof on permitting attendance of exam on driving skills shall be no longer than 2 years. The applicant shall complete the exams on Subject 2 and Subject 3 within the validity period. Article 27. The contents of the exam subjects and the standards for qualification are unified nationwide (Annex 2). Among which, the structure and basic form of the exam question bank on Subject 1 shall be made by the Ministry of Public Security. The traffic administration of a public security organ at the provincial level shall, in combination with the actual situation of its locality, set up the exam question bank of the province (autonomous region, municipality directly under the Central Government). Article 28. Where any applicant makes an appointment for the exam on Subject 2 for applying for a motor vehicle driving license for the first time or applying for adding a vehicle type permitted to drive, he shall conform to the following provisions: (1) If he is to take an exam for a small vehicle type, small automatic shift vehicle type, low-speed goods vehicle type, three-wheeler type, common three-wheel motorcycle type, common two-wheel motorcycle type, light motorcycle type, wheeled self-move mechanical vehicle type, trolley bus type or tramcar type permitted to drive, he shall make an appointment for the exam 10 days after obtaining the proof on permitting attendance of the exam on driving skills; and (2) If he is to take an exam for a large bus type, large goods vehicle type, tractor type, city bus type or medium-sized bus type permitted to drive, he shall make an appointment for the exam 20 days after obtaining the proof on permitting attendance of the exam on driving skills. Article 29. Where any applicant makes an appointment for the exam on Subject 3 for applying for a motor vehicle driving license for the first time or applying for adding a vehicle type permitted to drive, he shall conform to the following provisions: (1) If he is to take an exam for a common three-wheel motorcycle type, common two-wheel motorcycle type, light motorcycle type, low-speed goods vehicle type, three-wheeler type, wheeled self-move mechanical vehicle type, trolley bus type or tramcar type permitted to drive, he shall make an appointment for the exam 20 days after obtaining the proof on permitting attendance of the exam on driving skills; (2) If he is to take an exam for a small vehicle type, or small automatic shift vehicle type permitted to drive, he shall make an appointment for the exam 30 days after obtaining the proof on permitting attendance of the exam on driving skills; (3) If he is to take an exam for a medium-sized bus type or large goods vehicle type permitted to drive, he shall make an appointment for the exam 40 days after obtaining the proof on permitting attendance of the exam on driving skills; and (4) If he is to take an exam for a large bus type, tractor type or city bus type permitted to drive, he shall make an appointment for the exam 60 days after obtaining the proof on permitting attendance of the exam on driving skills. Article 30. Whoever applies for a motor vehicle driving license for the first time or applies for adding a vehicle type permitted to drive shall, if he has passed the exams on Subject 1, Subject 2 and Subject 3 held by the vehicle management office, be issued a motor vehicle driving license. Whoever applies for adding a vehicle type permitted to drive shall return his original motor vehicle driving license. Article 31. Whoever holds a motor vehicle driving license issued by the Army or Armed Police Force shall, when applying for a motor vehicle driving license for a large bus type, tractor type, medium-sized bus type or large goods vehicle type permitted to drive, take the exams on Subject 1 and Subject 3. If he applies for a motor vehicle driving license for any other vehicle type permitted to drive, he shall be directly issued the motor vehicle driving license. If he is demobilized, transferred or discharged from the Army, the motor vehicle driving license he holds, which was issued by the Army or Armed Police Force, shall meanwhile be taken back. Article 32. Whoever holds a motor vehicle driving license issued in Hong Kong or Macao Special Administrative Region or Taiwan Region, or any resident of the inland of China who holds a foreign motor vehicle driving license shall, when applying for a motor vehicle driving license, take the exam on Subject 1. If he applies for a motor vehicle driving license for a large bus type, tractor type, medium-sized bus type or large goods vehicle type permitted to drive, he shall take the exam on Subject 3, in addition. Where any other person who holds a foreign motor vehicle driving license applies for a motor vehicle driving license or a temporary driving license, he shall take the exam on Subject 1. If he applies for a motor vehicle driving license for a large bus type, tractor type, medium-sized bus type, or large goods vehicle type permitted to drive, he shall take the exam on Subject 3, in addition. Where anyone from a foreign embassy or consulate accredited to China or from an international organization's representative office in China applies for a motor vehicle driving license, he shall be issued a motor vehicle driving license under the diplomatic reciprocal principle. Article 33. The exam on each subject shall be taken for only once, but a make-up exam may be taken. If the applicant fails the make-up exam, the exam on the subject concerned shall be terminated. The applicant may re-apply for taking an exam, provided that the appointment for the exam on Subject 2 or Subject 3 shall be made after 20 days. Within the validity period of the proof on permitting attendance of an exam on driving skills, the qualified exam result of the subjects shall be effective. Article 34. The exam result on each subject shall be announced on the spot, and the exam report card shall be shown. If an applicant fails the exam, the reasons shall be stated. Article 35. The exam report card on each subject shall bear the signature of the applicant and the examiner, otherwise the motor vehicle driving license may not be issued. Article 36. Where an applicant commits any fraudulence in the exam, his qualification for taking this exam shall be cancelled, and his qualified exam results on other subjects shall be ineffective. CHAPTER III REPLACEMENT, RE-ISSUANCE AND NULLIFICATION OF LICENSES Article 37. A motor vehicle driver shall, within 90 days prior to the expiry of the validity period of a motor vehicle driving license, apply to the vehicle management office at the locality where his motor vehicle driving license was issued for replacement of the license. At the time of application, he shall fill out the "Application Form for Motor Vehicle Driving License", and submit the following proofs and documents: (1) his identity proof; (2) his motor vehicle driving license; and (3) the relevant proof on his physical conditions issued by a medical treatment institution at the county level or army regimental level or above. Article 38. Where the household register place of a motor vehicle driver is changed and is no longer within the jurisdiction of the original vehicle management office, he shall apply to the vehicle management office at the new locality for replacement of the license. If the motor vehicle driver resides outside the jurisdiction of the vehicle management office at the locality of issuance, he may apply to the vehicle management office at his residential place for replacement of his license. At the time of application, the motor vehicle driver shall fill out the "Application Form for Motor Vehicle Driving License", and submit his identity proof and motor vehicle driving license. Article 39. Where a driver is under any of the circumstances prescribed in Article 10, and his vehicle type permitted to drive is large bus, tractor, city bus, medium-sized bus, or large goods vehicle, he shall apply to the vehicle management office at the locality of issuance of his motor vehicle driving license for replacement of this license by the one for small vehicle or small automatic shift vehicle. A driver whose vehicle type permitted to drive is a common three-wheel motorcycle or common two-wheel motorcycle shall apply for replacement of this license by the one for light motorcycle. At the time of application, the driver shall fill out the "Application Form for Motor Vehicle Driving License", and submit the proofs and documents prescribed in Article 37. A license holder who voluntarily lowers his vehicle type permitted to drive shall fill out the "Application Form for Motor Vehicle Driving License", and submit the proofs and documents prescribed in Items (1) and (2) of Article 37. Article 40. Under any of the following circumstances, a motor vehicle driver shall, within 30 days, apply for replacement of his motor vehicle driving license to the vehicle management office at the locality where the license was issued: (1) Within the jurisdiction of the vehicle management office, the information recorded in the motor vehicle driving license on the license holder is changed; or (2) The motor vehicle driving license is damaged and is unable to be identified. At the time of application, the motor vehicle driver shall fill out the "Application Form for Motor Vehicle Driving License", and submit his identity proof and motor vehicle driving license. Article 41. Where an applicant conforms to Articles 37 to 40, the vehicle management office shall replace his motor vehicle driving license within 3 working days. If the applicant conforms to Article 38, 39 or 40, his original motor vehicle driving license shall be taken back. Article 42. Where a motor vehicle driving license is lost, the motor vehicle driver shall apply for re-issuance to the vehicle management office at the locality where the motor vehicle driving license was issued. At the time of application, he shall fill out the "Application Form for Motor Vehicle Driving License", and submit the following proofs and documents: (1) his identity proof; and (2) a written declaration stating that he does not fraudulently report the loss of the motor vehicle driving license. If the motor vehicle driver conforms to the provisions, the vehicle management office shall re-issue a motor vehicle driving license within 3 working days. Article 43. A license holder may authorize an agent to apply for the replacement and re-issuance of the motor vehicle driving license. When the agent is applying for a motor vehicle driving license, he shall submit his identity proof as an agent and the "Application Form for Motor Vehicle Driving License" bearing the signatures of both the license holder and the agent. The vehicle management office shall record the agent's name, the name of the entity of the agent and number of the identity proof, domicile, address, postcode, and telephone. Article 44. Where a driver is under any of the following circumstances, the vehicle management office shall nullify his motor vehicle driving license: (1) He files an application for nullification; (2) He loses the civil conduct capacity, and his guardian files an application for nullification; (3) He has died; (4) His physical conditions are not suitable for driving a motor vehicle; (5) He fails to have his motor vehicle driving license replaced when it has been more than one year since the validity period for his license expired; (6) He is at the age of 60 or over, or holds a license for a large bus type, tractor type, city bus type, medium-sized bus type, large goods vehicle type, trolley bus type or tramcar vehicle type permitted to drive, and fails to submit the result of physical examination within one year after the end of a scoring period; (7) He is under any of the circumstances prescribed in Article 10, and only holds a driving license for a low-speed goods vehicle type, three-wheeler type, wheeled self-move mechanical vehicle type, trolley bus type or tramcar type permitted to drive; or (8) His motor vehicle driving license is lawfully suspended or his driving permit is lawfully revoked. A motor vehicle driving license, which is under any of the circumstances in Items 5 through 8, and which has not been taken back, shall be announced to be abolished. CHAPTER IV SCORING AND CHECK Article 45. The accumulative scoring period for illegal acts on road traffic safety (that is, the scoring period) shall be 12 months. The full score shall be 12 points, which shall be calculated as of the day when the motor vehicle driving license is obtained for the first time. The points scored every time shall be divided into five types, that is, 12 points, 6 points, 3 points, 2 points, and 1 point (Annex 3), in light of the seriousness of the illegal acts on road traffic safety. Article 46. The penalty and scoring shall be conducted simultaneously on a motor vehicle driver's illegal acts on road traffic safety. Where a motor vehicles driver has two or more illegal acts within once, they shall be calculated separately and the points shall be accumulated. Article 47. Where a motor vehicles driver refuses to accept the penalty on his illegal act on road traffic safety, and applies for administrative reconsideration or initiates an administrative litigation, and the original penalty decision has been lawfully adjudicated to be modified or revoked, then the points scored shall be modified or cancelled accordingly. Article 48. The traffic administration of a public security organ shall, when scoring a driver who holds a motor vehicle driving license not issued locally, transmit the scoring information to the traffic administration of the public security organ at the locality where the motor vehicle driving license was issued. Article 49. The traffic administration of a public security organ shall announce to the public the way of inquiring about the scores of the motor vehicle drivers for their illegal acts, and provide inquiry conveniences. Article 50. Where a motor vehicle driver gets 12 points accumulatively within one scoring period, he shall, within 15 days, go to accept check in the traffic administration of the public security organ at the locality where his motor vehicle driving license was issued. The traffic administration of the public security organ shall hold an education for the motor vehicle driver for 7 days on the road traffic safety laws, regulations and relevant knowledge. After the motor vehicle driver accepts the education, the vehicle management office shall hold an exam on Subject 1 for him/her within 20 days. Where a motor vehicle driver gets 12 points for twice or more within one scoring period, the vehicle management office shall, in addition, hold the exam on Subject 3 for the driver within 10 days after he has passed the exam on Subject 1. Article 51. A driver who is at the age of 60 or over or holds a license for a large bus type, tractor type, city bus type, medium-sized bus type, large goods vehicle type, trolley bus type or tramcar type permitted to drive shall take a physical examination in each year, and shall, within 15 days after the end of the scoring period, submit the relevant proof on physical conditions issued by a medical treatment institution at the county level or army regimental level or above. CHAPTER V SUPPLEMENTARY PROVISIONS Article 52. The pattern and specification of the motor vehicle driving licenses shall be in accordance with the "Motor Vehicle Driving License of the People's Republic of China", which is the standard for the public safety industry of the People's Republic of China. The pattern of the proof on permitting attendance of exam on driving skills shall be formulated by the Ministry of Public Security, and the production thereof shall also be supervised by the Ministry of Public Security. Article 53. The application for and use of a tractor driving license shall be separately prescribed, provided that its pattern and specification shall be in accordance with the standard for the public safety industry of the People's Republic of China, that is, the "Motor Vehicle Driving License of the People's Republic of China". Article 54. The meanings of the following terms in the present Provisions shall be as follows: (I) Identity proof: 1. The identity proof of an inland resident shall be the "Resident Identification Card"; the identity proof of an inland resident residing at his temporary residential place shall be the "Resident Identification Card" and the residential or temporary residential proof issued by the public security organ; 2. The identity proof of a serviceman (or armed policeman) shall be his "Resident Identification Card"; 3. The identity proof of a resident from Hong Kong or Macao Special Administrative Region or from Taiwan shall be the identity proof for his entry into the territory or his habitation proof; 4. A foreigner's identity proof shall be the identity proof for his entry into the territory or his habitation proof; and 5. The identity proof of anyone from a foreign embassy or consulate accredited to China or from an international organization's representative office in China shall be his valid identity proof issued by the Ministry of Foreign Affairs; (II) Domicile: 1. The domicile of an inland resident shall be the domicile on his "Resident Identification Card"; 2. The domicile of a serviceman (or Armed Policeman) shall be the domicile on his "Resident Identification Card"; 3. The domicile of a resident from Hong Kong or Macao Special Administrative Region or Taiwan Region shall be the address on his habitation proof; 4. The domicile of a foreigner shall be the address on /her habitation proof; and 5. The domicile of anyone from a foreign embassy or consulate accredited to China or from an international organization's representative office in China shall be the address on his valid identity proof issued by the Ministry of Foreign Affairs. Article 55. Phrases such as "not less than", "not more than" mentioned in the present Provisions all include the given figure. Article 56. The present Provisions shall come into force as of May 1, 2004. The "Measures of the People's Republic of China for the Administration of Motor Vehicle Driving Licenses" promulgated in 1996 (No. 28 of the Ministry of Public Security on June 3, 1996) and the "Measures of the People's Republic of China for Exams Attended by Motor Vehicle Drivers" (No. 29 of the Ministry of Public Security on June 3, 1996), the "Measures for Scoring Motor Vehicle Drivers for their Violation of Traffic Rules" promulgated in 1999 (No. 45 of the Ministry of Public Security on December 9, 1999), the "Decision on Amending Some Clauses in the Measures of the People's Republic of China for the Administration of Motor Vehicle Driving Licenses and the Measures of the People's Republic of China for Exams Attended by Motor Vehicle Drivers" promulgated in 2003" (No. 67 of the Ministry of Public Security on August 29, 2003) shall be repealed simultaneously. Annexes: 1. The Vehicle Type Permitted to Drive and the Code (Omitted) 2. The Contents of Exams on the Subjects, and the Qualification Standards (Omitted) 3. Scoring Points of Illegal Acts on Road Traffic Safety (Omitted) 4. Requirements for Vehicles for Exams on Subject 2 and Subject 3 (Omitted) 5. The Routes and Operation Requirements for Ground Driving Exams for Various Vehicle Types Permitted to Drive (Omitted) 6. Exam Items on Ground Automobile Road Driving (Omitted) 7. Judging Standards for the Exams on Automobile and Motorcycle Road Driving (Omitted) |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|