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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II ON-SITE PUNISHMENT PROCEDURES Section 1 On-Site Penalties Section 2 On-Site Application of Administrative Compulsory Measures CHAPTER III NON-ON-SITE PUNISHMENT PROCEDURES Section 1 Non-On-Site Penalties Section 2 Confiscation of Motor Vehicles and Certificates, Compulsory Elimination of Impediments CHAPTER IV EXECUTION OF PENALTIES CHAPTER V MISCELLANEOUS PROVISIONS CHAPTER VI 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" and the Regulation on the Implementation Thereof. Article 2. The traffic administration of a public security organ and its traffic policemen shall implement the procedures for punishing illegal acts of road traffic safety (hereinafter referred to "illegal acts") within their statutory scope of powers in accordance with the present Provisions. Article 3. The traffic administration of a public security organ and its traffic policemen shall, when punishing illegal acts, observe the principles of legality, timeliness, justness, publicity, and combining penalty with education. For anyone who ought to be penalized, a penalty decision shall be made on the basis of the fact of his illegal act, as well as in accordance with the laws and regulations involved. Article 4. The penalties upon the illegal acts found by a traffic policeman on point duty or in enforcing the law shall be under the jurisdiction of the traffic administration of the public security organ at the place of illegal act. The penalties upon the illegal acts recorded in the traffic technical monitoring information may be under the jurisdiction of the traffic administration of the public security organ at the place of illegal act or where the motor vehicle plate was issued. Article 5. The decision on a penalty of imposing a fine upon a violator or of temporarily detaining his motor vehicle driving license shall be made by the traffic administration of a public security organ at the county level or above. The decision on a penalty of revoking a motor vehicle driving license shall be made by the traffic administration of a public security organ of a city divided into districts. The decision on a penalty of imposing administrative detention upon a violator shall be made by a county or city public security bureau, the branch of a public security bureau, or a public security organ at the county level. Article 6. If a jurisdictional dispute occurs between two or more public security organs, it shall be reported to the traffic administration of their common superior public security organ, and the traffic administration of such superior public security organ shall determine the subject of jurisdiction in time, and notify each party in despite. CHAPTER II ON-SITE PUNISHMENT PROCEDURES Section 1 On-Site Penalties Article 7. Where a traffic policeman considers that an illegal act he has found on site is minor and does not affect the passage and safety of the road, he shall orally inform the violator of the basic fact and the basis of the illegal act, warn the violator, and correct the illegal act before releasing him. If a fine of not more than 200 Yuan is imposed upon an individual, the summary procedures may be applied, and the traffic policeman may make a penalty decision on site. Where it is necessary to take administrative compulsory measures when a penalty is imposed upon the violator pursuant to the ordinary procedures, the document on the administrative compulsory measures shall be made, attached with a written notice on punishing the illegal act of road traffic safety. Where it is unnecessary to take administrative compulsory measures when a penalty is imposed upon the violator pursuant to the ordinary procedures, the traffic policeman shall make an on-site written notice on punishing the illegal act of road traffic safety. Article 8. An on-site fine shall be imposed upon the violator pursuant to the following procedures: (1) Orally informing the violator of the basic fact of the illegal act, the administrative penalty planned to be imposed, the basis, and the rights to be lawfully enjoyed by him; (2) Listening to the violator's statement and argument, and adopting the tenable facts, reasons or evidence proposed by the violator; (3) Making the written penalty decision under summary procedures; (4) The written penalty decision under summary procedures shall be signed by the penalized party, signed or sealed with the seal by the traffic policeman, and with the seal of the traffic administration of the public security organ. If the party concerned refuses to sign on it, the traffic policeman shall indicate such refusal on the written penalty decision under summary procedures; and (5) Handing to the penalized party the written penalty decision under summary procedures on site. If the party concerned refuses to take it, the traffic policeman shall indicate such refusal on the written penalty decision under summary procedures. A penalty decision made by the traffic administration of a public security organ pursuant to summary procedures may be executed by one traffic policeman. A traffic policeman shall, within two days, hand the archival sheet of the written penalty decision under summary procedures (in three sheets) to the traffic administration of the public security organ to which he is subordinate for archival purposes. Article 9. Where a penalty is imposed upon a violator pursuant to ordinary procedures, a written notice on punishing the illegal acts of road traffic safety shall be issued pursuant to the following procedures: (1) Orally informing the violator of the basic fact of the illegal act, the administrative penalty planned to be imposed, the basis, and the rights to be lawfully enjoyed by him; (2) Listening to the violator's statement and argument, and adopting the tenable facts, reasons or evidence proposed by the violator; (3) Making the written notice on punishing the illegal act of road traffic safety; (4) The written notice on punishing the illegal act of road traffic safety shall be signed by the penalized party, signed or sealed with the seal by the traffic policeman, and with the seal of the traffic administration of the public security organ. If the party concerned refuses to sign on it, the traffic policeman shall indicate such refusal on the written notice on punishing the illegal act of road traffic safety; and (5) Handing to the party concerned the written notice on punishing the illegal act of road traffic safety on site. If the party concerned refuses to take it, the traffic policeman shall indicate such refusal on the written notice on punishing the illegal act of road traffic safety. The written notice on punishing an illegal act of road traffic safety may be issued by one traffic policeman. The traffic policeman shall, within 24 hours, hand the archival sheet of the written notice on punishing the illegal act of road traffic safety (in two sheets) to the traffic administration of the public security organ to which he is subordinate. Section 2 On-Site Application of Administrative Compulsory Measures Article 10. A traffic policeman may lawfully take the following administrative compulsory measures in the process of law enforcement, if it is necessary to stop an illegal act, to avoid dangers or to prevent loss of evidence, or if the motor vehicle driver has an accumulative score of 12 points: (1) Detaining the vehicle; (2) Detaining the motor vehicle driving license; (3) Towing the motor vehicle to another place; (4) Confiscating illegal devices; and (5) Testing the content of alcohol, psychotropic drugs or state-controlled narcotics within the driver's body. Article 11. Where it is necessary to take the administrative compulsory measures of detaining a vehicle, detaining a motor vehicle driving license, or testing the content of alcohol, psychotropic drugs or state-controlled narcotics within the driver's body, it shall be implemented pursuant to the following procedures: (1) Orally informing the violator, the motor vehicle owner, or custodian, of the basic fact of the illegal act, the type of planned administrative compulsory measures, the basis, and the rights to be lawfully enjoyed by him; (2) Listening to the statement and argument of the party concerned, and adopting the tenable facts, reasons or evidence proposed by the party concerned; (3) Making the document on the administrative compulsory measures; (4) The document on the administrative compulsory measures shall be signed by the party concerned, signed or sealed with the seal by traffic policeman, or with the seal of the traffic administration of the public security organ. If the party concerned refuses to sign on it, the traffic policeman shall indicate such refusal on the document on the administrative compulsory measures; and (5) Handing to the party concerned the document on the administrative compulsory measures on site. If the party concerned refuses to take it, traffic policeman shall indicate such refusal on the document on the administrative compulsory measures. The decision made by the traffic administration of a public security organ on the administrative compulsory measures may be executed by one traffic policeman. The traffic policeman shall, within 24 hours, hand the archival sheet of the document on the administrative compulsory measures (in two sheets) to the traffic administration of the public security organ to which he is subordinate. Article 12. The document on administrative compulsory measures shall indicate the following particulars: (1) basic information of the party concerned, the vehicle plate number, and the vehicle type; (2) the fact of violation of law, and the basis for the administrative compulsory measures; (3) means and time limit of applying for administrative reconsideration or initiating administrative litigation; (4) signature of the party concerned; (5) signature or seal of the traffic policeman, seal of the traffic administration of the public security organ; and (6) date of filling out the document. Article 13. Where, in the event of any of the following circumstances, a vehicle cannot be released immediately due to the fact that there is no other motor vehicle driver who takes the place of the driver, the illegal act has not been eliminated, it is in need of investigation or evidence preservation, or due to other reasons, the traffic policeman may detain the vehicle: (1) The driver fails to hang the motor vehicle plate, fails to place the mark of conformity from inspection or insurance mark, or fails to bring the driving permit or motor vehicle driving license; (2) The driver is suspected of using a forged or altered motor vehicle registration certificate, plate, driving permit, mark of conformity from inspection, or insurance mark, or using the motor vehicle registration certificate, plate, driving permit, mark of conformity from inspection, or insurance mark of another vehicle; (3) The driver fails to buy compulsory third party liability insurance for the motor vehicle in accordance with the provisions; (4) The highway passenger transport vehicle or goods transport motor vehicle is overloaded; (5) The vehicle is suspected to be a stolen or robbed one; (6) The motor vehicle is assembled or reaches the standards for retirement; or (7) The non-motor vehicle driver refuses to accept the penalty of fine. Article 14. A traffic policeman shall, within 24 hours after taking the administrative compulsory measures, deliver the detained vehicle to the traffic administration of the public security organ to which he is subordinate. Where the traffic administration of a public security organ detains a vehicle, it shall not detain the goods carried by the vehicle. In addition, it shall notify the party concerned to deal with the goods on the vehicle by himself, or shall, if the party concerned is unable to or refuses to deal with the goods by himself, make records and prevent the loss of such goods. With respect to other goods or articles which are easy to be perishable or damaged or for which there are no conditions for custody, they may, upon approval by the person in charge of the traffic administration of the public security organ at the county level or above, be sold off after the photos or video records have been taken. The proceeds from selling off such goods or articles shall be handled in accordance with the relevant provisions. Article 15. Where it is necessary to investigate and verify the proof on the history of a motor vehicle, the time of detaining the motor vehicle shall not exceed 15 days. If the time needs to be extended, it may, upon approval by the person in charge of the traffic administration of the public security organ at the county level or above, be extended to 30 days, except when the motor vehicle driver, owner or custodian fails to provide the proof on the lawful history of the detained motor vehicle or to go through the corresponding formalities that should be gone through within 30 days, or refuses to accept the punishment. Article 16. In the event of any of the following circumstances, the traffic policeman may detain the motor vehicle driving license: (1) The driver drives a motor vehicle after drinking alcohol or drives drunk; (2) The motor vehicle driver delivers the motor vehicle to be driven by a person who does not obtain a motor vehicle driving license or whose motor vehicle driving license is revoked or temporarily detained; (3) The motor vehicle runs at a speed 50% quicker than the prescribed speed per hour; (4) The driver drives an assembled motor vehicle or a motor vehicle that reaches the standards for retirement; (5) The driver causes a heavy traffic accident, and has committed a crime; or (6) The driver's accumulative score reaches 12 points within one scoring period. Article 17. A traffic policeman shall, within 24 hours after detaining a motor vehicle driving license, deliver the detained motor vehicle driving license to the traffic administration of the public security organ to which he is subordinate. In the event of any of the circumstances in Items (1) through (5) of Article 16, the motor vehicle driving license shall be detained until the penalty decision is made. If only a penalty of fine is imposed upon the violator, the motor vehicle driving license shall be retuned to the violator immediately after the penalty decision is made. In the event of the circumstance in Item (6) of Article 16, the motor vehicle driving license shall be detained until the violator passes the exam. Article 18. Where a driver violates the provisions on parking or temporarily parking motor vehicles, and he is not on site or refuses to drive it away immediately though he is on site, and thus impedes the passage of other vehicles and persons, the traffic administration of the public security organ and its traffic policemen may tow the motor vehicle to a place so that it will not impede the traffic or to a designated place. Article 19. The traffic administration of a public security organ shall publicize the telephone number for inquiring about the vehicles towed, and inform the parties concerned through the sign or by other means. A party concerned may inquire by telephone about the place and time limit for accepting punishment, and the place where the motor vehicle towed is parked. Article 20. The traffic administration of a public security organ and its traffic policemen shall, when towing a motor vehicle, comply with the following procedures: (1) If, the motor vehicle is towed due to violation of provisions on parking or temporarily parking motor vehicles, and the driver is not on site, and the passage of other vehicles or persons are impeded, the traffic administration of the public security organ shall record the facts of violation of law by means of taking a photo, etc.; (2) Towing the motor vehicle that violates parking provisions to a designated place; and (3) Returning the motor vehicle in time to the violator after he has accepted the punishment. The traffic administration of a public security organ shall not tow a vehicle to a parking lot where the parking price is obviously higher than the local average parking charge. Article 21. In the event of any of the following circumstances, a traffic policeman may confiscate the illegal device: (1) Illegally installing an alarm siren or signal lamp; (2) Installing a motor device on a bicycle or tricycle; or (3) Installing any other device not consistent with the registered items but affecting the safety of the vehicle. Article 22. Where a traffic policeman confiscates an illegal device, he shall, within 24 hours, deliver the confiscated illegal device to the traffic administration of the public security organ to which he is subordinate. The confiscated illegal device shall, unless preserved as evidence, be destroyed upon approval of the traffic administration of the public security organ at the county level or above. Article 23. Where a vehicle driver is under any of the following circumstances, he shall be subject to a test of the content of alcohol, psychotropic drugs or state-controlled narcotics within his body: (1) He has any objections to the alcohol content resulting from an alcohol breathing test; (2) The alcohol content within his body is found through the breathing test to have exceeded the critical value of being drunk; (3) He causes a traffic accident for driving the vehicle after he is drunk; or (4) He is suspected to have taken psychotropic drugs or state-controlled narcotics before driving the motor vehicle. Article 24. The traffic administration of a public security organ shall comply with the following procedures when testing the content of alcohol, psychotropic drugs or state-controlled narcotics within the body of a violator: (1) A traffic policeman shall bring the violator to the medical institution for drawing blood or urine; (2) If the driver cannot control his behavior after he is drunk, the traffic policeman may use a restrictive belt or police rope or other restrictive police instruments; and (3) The traffic administration of the public security organ shall timely deliver the blood or urine it has drawn to a qualified test institution for testing, and notify the violator of the testing result in writing. The traffic administration of a public security organ shall, when testing the content of alcohol, psychotropic drugs or state-controlled narcotics within the body of a violator, notify his family, unless it is impossible to do so. CHAPTER III NON-ON-SITE PUNISHMENT PROCEDURES Section 1 Non-On-Site Penalties Article 25. Where a fine of not more than 200 Yuan is imposed upon a motor vehicle owner, custodian or driver according to the recorded traffic technical monitoring information, summary procedures may be applied for making the penalty decision. Where a fine of more than 200 (not including 200) Yuan is imposed upon the violator, or his motor vehicle driving license is temporarily detained or is revoked in accordance with laws and regulations, and a fine is imposed upon an entity, the traffic administration of the public security organ shall carry out an investigation, collect evidences, and make the penalty decision pursuant to ordinary procedures. Article 26. Where a fine of not more than 200 Yuan is imposed according to the recorded traffic technical monitoring information upon a motor vehicle owner, custodian or driver who has committed an illegal act, the traffic administration of the public security organ shall make a penalty decision in accordance with Article 8 of the present Provisions. The traffic administration of the public security organ shall provide the means of inquiring about the illegal acts recorded in the traffic technical monitoring information for the motor vehicle owners, custodians or drivers to inquire. Article 27. A penalty imposed pursuant to ordinary procedures shall be implemented pursuant to the following procedures: (1) Questioning the party concerned about the basic information of his illegal act, and making records. If the party concerned refuses to be questioned, to sign or to seal his seal on the questioning records, the traffic policeman shall indicate such refusal on the records; (2) Informing the party concerned in writing of the basic facts on the illegal act, the administrative penalty to be imposed, the basis thereof, and the rights to be lawfully enjoyed by him; (3) Re-examining the statement and argument of the party concerned. The re-examination result shall be indicated in the records, which shall be signed by the party concerned, signed or sealed with the seal by the re-examiner, and sealed with the seal of the traffic administration of the public security organ. If the party concerned refuses to sign on it, the traffic policeman shall indicate such refusal on the records; (4) Making a written decision on the administrative penalty concerning public security of traffic administration; (5) The written decision on the administrative penalty concerning public security of traffic administration shall be signed by the party concerned and sealed with the seal of the traffic administration of the public security organ. If the party concerned refuses to sign on it, the traffic policeman shall indicate on site such refusal on the said written decision; and (6) The written decision on the administrative penalty concerning public security of traffic administration shall be delivered to the party concerned on site after its announcement. If the party concerned is not at present, the said written decision shall be served to the party concerned within 7 days in accordance with the "Provisions on the Procedures for Public Security Organs to Handle Administrative Cases". Where a penalty decision is made by the traffic administration of a public security organ pursuant to ordinary procedures, it shall be implemented by two or more traffic policemen. Article 28. A written decision on the administrative penalty concerning public security of traffic administration shall indicate the basic information of the penalized party, the vehicle plate number, the vehicle type, the facts and evidences on violation of law, the basis and type of penalty, the name of the organ imposing penalty, the rights of reconsideration and litigation to be lawfully enjoyed by the penalized party, etc., which shall be signed by the penalized party, signed or sealed with the seal by the traffic policeman, and sealed with the seal of the traffic administration of the public security organ. Article 29. Where the traffic administration of a public security organ has any records of illegal acts of a motor vehicle out of its jurisdiction (which is to be demarcated by city divided into districts, the same as below), it may transmit the information and evidence on the illegal acts to the traffic administration of the public security organ at the locality where the motor vehicle plate was issued. The traffic administration of the public security organ at the locality where the motor vehicle plate was issued shall inform the violator or the motor vehicle owner or custodian of the basic facts on the illegal act, the administrative penalty to be imposed, the basis thereof, the rights to be lawfully enjoyed by him, the place and time limit for accepting punishment, and consequence of not accepting the punishment. Where the violator or the motor vehicle owner or custodian has no objections to the facts, the traffic administration of the public security organ at the locality where the motor vehicle plate was issued shall make a penalty decision in accordance with the present Provisions. If the violator or the motor vehicle owner or custodian has any objections to the facts, the traffic administration of the public security organ at the locality where the motor vehicle plate was issued shall inform him to accept punishment at the traffic administration of the public security organ at the place of illegal act. Article 30. Where one person has two or more illegal acts, such acts shall be ruled separately and be executed altogether, and a written decision on administrative penalty concerning public security of traffic administration may be made. However, if the penalizing subjects are not one organ, they shall separately make their written decisions on administrative penalty concerning public security of traffic administration. Where one person only has one illegal act, but is simultaneously imposed upon two or more penalties, and two penalizing subjects are involved, the written decisions on administrative penalty concerning public security of traffic administration shall be made separately. Article 31. Where the fact of an illegal act is clear, and a fine needs to be imposed pursuant to ordinary procedures, a penalty decision shall be made within 24 hours as of the time when the fine is imposed. If a motor vehicle driving license is temporarily detained, a penalty decision shall be made within three days as of the punishment. If a motor vehicle driving license is revoked, a penalty decision shall be made within 7 days as of the revocation. Section 2 Confiscation of Motor Vehicles and Certificates, Compulsory Elimination of Impediments Article 32. The traffic administration of a public security organ shall, with respect to the detained motor vehicle which was assembled or has reached the standards for retirement, confiscate it and compulsorily discard it as useless upon the approval of the traffic administration of the public security organ at the county level or above. If the violator is suspected of committing any other illegal or criminal act, the case shall be transferred to the relevant department of the public security organ. Article 33. Where anyone forges, alters, or uses a forged or altered motor vehicle registration certificate, plate, driving permit, mark of conformity from inspection, insurance mark, or motor vehicle driving license, or uses the motor vehicle registration certificate, plate, driving permit, mark of conformity from inspection, or insurance mark of another vehicle, which is confiscated, the case shall be handled in accordance with the following provisions: (1) Any forged or altered motor vehicle registration certificate, plate, driving permit, mark of conformity from inspection, insurance mark, or motor vehicle driving license shall be destroyed after he who uses it has been imposed upon a penalty in accordance with the law; and (2) The motor vehicle registration certificate, plate, driving permit, mark of conformity from inspection or insurance mark of another vehicle shall be transferred to the vehicle management office at the locality of its issuance after he who uses it has been imposed upon a penalty in accordance with the law. Where the violator is suspected of committing any other illegal or criminal act, the case shall be transferred to the relevant department of the public security organ. Article 34. Whoever refuses to cut down the trees and other plants along both sides of the road or along the median, or installs advertisement boards and pipelines, etc., and thus the road lamps, traffic signal lamps or traffic signs are sheltered, or the safe apparent distance is impeded, the traffic administration of the public security organ shall serve a notice on elimination of impediment to the violator, which prescribes the time limit for implementation, and shall inform the violator of the consequence of refusal. If the violator refuses to implement the notice within the prescribed time limit, he shall be imposed upon a penalty and the impediments shall be eliminated compulsorily. Article 35. The traffic administration of a public security organ and its traffic policemen may eliminate an impediment compulsorily on site. If the impediment is unable to be eliminated on site, it shall be eliminated pursuant to the following procedures: (1) Upon approval by the person in charge of the traffic administration of the public security organ, an entity without interest relationship may be entrusted or organized to eliminate the impediment compulsorily; and (2) When compulsorily eliminating the impediment, the traffic administration of the public security organ shall send policemen to be on site for supervision. CHAPTER IV EXECUTION OF PENALTIES Article 36. Where a traffic policeman imposes a fine on a foot passenger, a passenger or a non-motor vehicle driver on site, he shall indicate such fine on the written penalty decision under summary procedures, and the penalized party shall sign on it for confirmation. If the penalized party refuses to sign on it, the traffic policeman shall indicate such refusal on the written penalty decision. Where a traffic policeman imposes a fine on site, he shall issue a fine receipt uniformly produced by the financial department of the province, autonomous region or municipality directly under the Central Government. If he fails to issue a fine receipt uniformly produced by the financial department of the province, autonomous region or municipality directly under the Central Government, the party concerned shall be entitled to refuse to pay the fine. Article 37. Where the traffic administration of a public security organ imposes a penalty of temporarily detaining a motor vehicle driving license upon a motor vehicle driver out of its jurisdiction, it shall, within 15 days after making the penalty decision, transfer the transmission notice concerning public security of traffic administration and the motor vehicle driving license to the vehicle management office at the locality where the license was issued. Where the violator requests that the motor vehicle driving license not be transferred to the vehicle management office at the locality of its issuance, such request shall be permitted. This fact shall be indicated on the written decision on administrative penalty. Article 38. Where the traffic administration of a public security organ imposes a penalty of revoking the motor vehicle driving license upon a motor vehicle driver, it shall, within 15 days after making the penalty decision, transfer the transmission notice concerning public security of traffic administration and the motor vehicle driving license to the vehicle management office at the locality where the license was issued. CHAPTER V MISCELLANEOUS PROVISIONS Article 39. Where an illegal act needs to be scored, the scoring standards shall be in accordance with Annex 3 of the "Provisions on Applying for and Using Motor Vehicle Driving Licenses". When scoring the illegal act of a motor vehicle driver who is not within the jurisdiction or detaining a motor vehicle driving license, the traffic administration of the public security organ that makes the decision shall, within two days, transfer the information on the illegal act to the traffic administration of the public security organ at the locality where the motor vehicle driving license was issued. Article 40. Where the motor vehicle driving license of anyone whose accumulative score reaches 12 points is detained, his motor vehicle driving license may be returned to him on the condition that he passes the exam held by the vehicle management office at the locality where the license was issued. Where a motor vehicle driver out of the jurisdiction asks to attend the exam at the place of illegal act, the traffic administration of the public security organ may permit such request, and return the motor vehicle driving license to him after he passes the exam, and shall transfer the information on his passing the exam to the traffic administration of the public security organ at the locality where the license was issued. The traffic administration of the public security organ at the locality where the motor vehicle driving license was issued shall, based on the transmitted information, deduct the accumulative score of the motor vehicle driver. Article 41. Where a highway passenger transport vehicle carries passengers by exceeding the ratified number, or a goods transport motor vehicle carries goods by exceeding the ratified carrying capacity, the traffic administration of the public security organ shall detain the motor vehicle, and eliminate the illegal state in accordance with the following provisions: (1) If the violator is able to eliminate the illegal state by himself, he shall, under the supervision of the traffic administration of the public security organ, transfer the excessive passengers or unload the overloaded goods by himself; and (2) If the violator is unable to eliminate the illegal state by himself, the traffic administration of the public security organ shall timely notify the relevant department to organize the transfer of the excessive passengers; or shall unload the overloaded goods at a designated site, and the violator shall conclude a contract on custody of the goods with the custodian at the designated site. The costs for eliminating the illegal state shall be borne by the violator. After the illegal state has been eliminated, the detained motor vehicle shall be returned to the violator immediately. Article 42. Where a motor vehicle owner has a motor vehicle registered by fraud, by offering bribery, or by other unlawful means, his motor vehicle registration certificate, plate, or driving permit shall be confiscated, and the motor vehicle registration shall be revoked. Where a motor vehicle driver obtains a driving permit by fraud, by offering bribery, or by other unlawful means, his motor vehicle driving license shall be confiscated, and his motor vehicle driving permit shall be revoked. Article 43. The motor vehicle registration or driving permit shall be revoked pursuant to the following procedures: (1) Upon approval of the person in charge of the traffic administration of the public security organ of a city divided into districts, the written revocation decision shall be made and served to the violator; (2) Transferring the confiscated motor vehicle registration certificate, plate, driving permit or motor vehicle driving license along with the written revocation decision to the vehicle management office at the locality of issuance; and (3) If they are unable to be confiscated, they shall be announced as annulled. Article 44. The archives on summary procedures shall include the written penalty decision under summary procedures. The archives on ordinary procedures shall include the document on administrative compulsory measures (written notice on punishing the illegal acts of road traffic safety), the evidential documents, and the written decision on administrative penalty. All other documents formed in the process of punishing illegal acts shall be kept into the archives. Article 45. When imposing an administrative penalty or taking administrative compulsory measures upon a violator, or revoking a motor vehicle registration or a motor vehicle driving permit, the traffic administration of the public security organ shall fill out the document involved pursuant to the requirements in the present Provisions or the format attached hereto. Other documents may be filled out pursuant to the uniform format formulated by the Ministry of Public Security. Legal documents may be kept in electronic form. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 46. The meanings of the following terms in the present Provisions are as follows: (1) "Violator" means a citizen, legal person or any other organization that violates the road traffic safety laws and regulations; (2) "Place of illegal act" may be the place where the illegal act occurs or the place where the illegal act is found; (3) "The traffic administration of a public security organ at the county level or above" means the traffic administration of the public security organ at the county level or above or the traffic administration of a public security organ at an equivalent level. "The traffic administration of the public security organ of a city divided into districts" means the traffic administration of the public security organ of a city divided into districts or the traffic administration of the public security organ at an equivalent level. Article 47. The procedures for punishing the illegal acts not prescribed in the present Provisions shall be in accordance with the "Provisions on the Procedures for Public Security Organs to Handle Administrative Cases". Article 48. Phrases such as "not less than", "not more than" mentioned in the present Provisions all include the given figure unless they are particularly indicated. Phrases such as "2 days", "3 days", "5 days", "7 days" and "15 days" mentioned in the present Provisions shall refer to working days, excluding holidays. Article 49. The present Provisions shall come into force as of May 1, 2004. The "Provisions on the Procedures for Punishing Violation of Traffic Rules" (No. 46 of the Ministry of Public Security) promulgated by the Ministry of Public Security on December 10, 1999 shall be repealed simultaneously. Where any other provisions promulgated by the Ministry of Public Security prior to April 30, 2004 are inconsistent with the present Provisions, the present Provisions shall prevail. Annexes: 1. Written Decision on Administrative Penalty concerning Public Security of Traffic Administration (Omitted) 2. Written Penalty Decision on Public Security of Traffic Administration under Summary Procedures (Omitted) 3. Document on Administrative Compulsory Measures concerning Public Security of Traffic Administration (Written Notice on Punishing the Illegal Act of Road Traffic Safety) (Omitted) 4. Revocation Decision concerning Public Security of Traffic Administration (Omitted) 5. Transmission Notice concerning Public Security of Traffic Administration (Omitted) 6. Instructions on Printing and Filling out Documents (Omitted) |
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