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TABLE OF CONTENTS CHAPTER I GENERAL PRINCIPLES CHAPTER II JURISDICTION CHAPTER III ACCEPTANCE AND HEARING OF A CASE CHAPTER IV SUMMARY PROCEDURES CHAPTER V INVESTIGATIONS Section 1 General Provisions Section 2 On-site Investigation Section 3 Assistance in Investigation into Escape after Causing Traffic Trouble Section 4 Testing and Identification Section 5 Traffic Accident Determination Letter CHAPTER VI EXECUTION OF PENALTIES CHAPTER VII MEDIATION ON COMPENSATION FOR INJURY OR DAMAGE CHAPTER VIII HANDLING OF FOREIGN-RELATED TRAFFIC ACCIDENTS CHAPTER IX MISCELLANEOUS CHAPTER X SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PRINCIPLES Article 1. The present Provisions are hereby formulated in accordance with the Law of the People's Republic of China on Road Traffic Safety and its detailed implementation regulations. Article 2. The present Provisions shall be applicable to the handling of the accidents resulting in bodily injury to or death of a person or damage to any property caused by vehicles on a road due to negligence or suddenness. The public security organs in charge of traffic control shall handle the accidents occurred during the traffic of a vehicle outside the road by referring to the present Provisions after receiving the report of the case. In case a particularly serious traffic accident occurs, it shall be handled in accordance with the relevant provisions of laws and regulations. Article 3. The principles of openness, justness, convenience for the people, and efficiency shall be followed for handling traffic accidents. Article 4. The traffic policemen who have the work experiences of road traffic administration for more than one year may, after being trained by and passing the examination of the public security organs in charge of traffic control at the cities divided into districts, handle the traffic accidents to which the summary procedures are applied. The traffic policemen who have work experiences of road traffic administration for over two years may, after being trained by and passing the examination of the public security organs in charge of traffic control of the provincial people's governments, and having obtained the certificate of qualification grade for handling traffic accidents, handle the traffic accidents to which the general procedures and summary procedures are applied. Article 5. The public security organs in charge of traffic control shall set up the warning signs with the address of the public security organs in charge of traffic control with jurisdiction and the telephone number for calling the police when traffic accidents occur at the national, provincial and county roads and highways with the neighboring provinces, prefectures (cities) or counties. CHAPTER II JURISDICTION Article 6. The public security organs in charge of traffic control at or above the county level shall be responsible for handling the traffic accidents occurred in the areas or roads within their jurisdictions. Article 7. In case there is any dispute over the jurisdiction among the public security organs in charge of traffic control, they shall report to their common superior public security organ in charge of traffic control to determine the jurisdiction. The superior public security organ in charge of traffic control shall make decisions within 24 hours and notify all the parties under dispute. Where the jurisdiction on the location of a traffic accident is not clear, the public security organ in charge of traffic control that is the first to find out or the first to receive the report on the accident shall rescue the person injured in priority, and make preliminary handling on site. After the jurisdiction is determined, the accident shall be handled by the public security organ in charge of traffic control having the jurisdiction. Article 8. Where there is necessity, the superior public security organs in charge of traffic control may handle the traffic accidents subject to the jurisdiction of the lower level public security organs in charge of traffic control, or designate the lower level public security organs in charge of traffic control to transfer the case to other lower level public security organs in charge of traffic control for handling within a prescribed time limit. In case the lower level public security organs in charge of traffic control believes that a traffic accident is complicated and has great influences or involves the personnel or vehicles of the public security organs, they may apply for transferring the case to the public security organs in charge of traffic control at the next higher level for handling. The public security organs in charge of traffic control at the next higher level shall, within 24 hours after receiving the application, make decisions on transferring the case or leaving it to be handled continuously by the former public security organs in charge of traffic control. If the jurisdiction of the case is to be transferred, the time limit for the handling shall be computed from the date of transferring the case. CHAPTER III ACCEPTANCE AND HEARING OF A CASE Article 9. The public security organs in charge of traffic control shall, after receiving the report of a traffic accident, register it for future reference, and record the time of the report, the name, entity, and contact telephone number of the person reporting the accident, and the time and location of the occurrence of the traffic accident, type and license plate of the vehicle, and whether it has carried any dangerous goods, the injury and death of any person, as well as other brief information. In case the wrecker driver escapes after causing the traffic trouble, the said departments shall also inquire in detail and write down the color, character, and the direction of escape of the wrecker driver or vehicle, and other relevant information involved in the traffic accident. Where the person who calls the police does not tell his/her name, it shall be recorded. If the person who calls the police does not wish to publicize his/her name, the said departments shall keep secret for him/her. Article 10. After receiving the report of a traffic accident, the public security organs in charge of traffic control shall dispatch traffic police to go to the scene immediately required. In the event the accident results in injury or death of any person, they shall notify relevant departments such as the emergency treatment, medical treatment, and fire control, etc. in time. Where a traffic accident results in death of more than three people concurrently or has great influences, it shall be reported to the public security organs in charge of traffic control at the next higher level and the local people's governments immediately. If an operating vehicle is involved in the accident, the relevant administrative departments of the local people's governments shall also be notified. Article 11. In case any person involved in a traffic accident fails to call the police on the scene of the traffic accident, but asks the public security organs in charge of traffic control to handle the accident afterwards, he/she shall provide the evidences of the traffic accident to the public security organs in charge of traffic control within 10 days after the request. The public security organs in charge of traffic control shall make investigation into the traffic accident from the date of receiving the evidence materials of the traffic accident, which are provided by the person involved in the traffic accident. If the said person fails to provide the evidences of the traffic accident, and the public security organs in charge of traffic control are unable to investigate into and verify the facts of the traffic accident due to the change of the scene or loss of the evidences, they shall notify the person in writing to lodge a civil action to the people's court. CHAPTER IV SUMMARY PROCEDURES Article 12. In case of occurrence of such traffic accidents prescribed in paragraphs 2 and 3 of Article 70 of the Law of the People's Republic of China on Road Traffic Safety, the person involved in the accident shall withdraw from the scene of the accident immediately after filling out the agreements or records with contents such as the time and location of the occurrence of the traffic accident, the weather, name of the person involved in the traffic accident, the number of the driver's license of the motor vehicle, ways of contact, license plate of the motor vehicle, number of insurance proof, type of the traffic accident, part of collision, and responsible person for compensation, etc., with their names signed together, and discuss the amount and ways of compensation. If all the persons involved in a traffic accident have handled the compulsory insurance for the third party liability of the motor vehicle, he/she may claim for compensation to the insurance company upon the strength of the agreement that records the traffic accident information. The persons involved in the traffic accident may also handle the matters concerning the compensation for injury or damage through their own negotiations. Article 13. Under any of the following circumstances, the person involved in a traffic accident shall protect the scene of the accident and call the police immediately: (1) The vehicle has no license plate, no mark of conformity of certificate for inspection, or insurance marks; (2) The driver has no valid driver's license of the vehicle; (3) The driver has drunk or taken the psychological pharmaceuticals or stupefacient controlled by the state; (4) Where such traffic accidents prescribed in paragraph 2, Article 70 of the Law of the People's Republic of China on Road Traffic Safety occur, and the persons involved in the traffic accidents have disputes over the facts or the cause of formation; (5) The persons involved in the traffic accident cannot tow the vehicle by themselves; or (6) Colliding with the buildings, public facilities or other establishments. Article 14. The public security organs in charge of traffic control may handle the following traffic accidents by applying the summary procedures: (1) In case of the traffic accidents prescribed in paragraphs 2 and 3 of Article 70 of the Law of the People's Republic of China on Road Traffic Safety occur, the persons involved in the traffic accidents have disputes over the facts and the cause of formation thereof, and do not withdraw from the scene of the accident immediately, or the persons involved in the accidents fail to reach an agreement upon negotiation after they withdraw from the scene; and (2) The injured persons believe that they have minor injury, and the person involved in the accident have no dispute over the facts and the cause of formation, but have dispute over the compensation. When the summary procedure is applied to a traffic accident, it shall be handled by one traffic policeman. Article 15. In case such traffic accidents as those prescribed in paragraphs 2 and 3 of Article 70 of the Law of the People's Republic of China on Road Traffic Safety occur, and the persons involved in the accidents do not withdraw from the scene of the accident, the traffic police shall write down the time and place of the occurrence of the traffic accidents, the weather, the name of the person involved in the accident, the number of the driver's license of the vehicle, ways of contact, license plate of the vehicle, number of the insurance proof, types of the traffic accident, and the parts of collision, etc., which shall be signed by the persons involved in the traffic accident, and shall order the parties to withdraw from the scene of the accident and resume the traffic. Those refusing to withdraw from the scene shall be forced to do so. And the letter for determination of the traffic accident shall be made after the liability of the persons involved in the traffic accident have been determined on site according to the role of the acts of the parties played in the occurrence of the traffic accident and the seriousness of their faults. Article 16. Where after the persons involved in a traffic accident withdraw from the scene of the accident, they fail to reach an agreement on compensation for injury or damage after deliberation and call the police, they shall provide to the traffic police the materials of letter records for the traffic accident with their names signed on it. The traffic policemen shall record them with the names of the persons involved in the accident signed on them, and determine the liabilities of these persons on the basis of the role of their acts played in the occurrence of the traffic accident and the seriousness of their faults, and make accident determination letter on site. Article 17. In case all the persons involved in a traffic accident appeal for mediation, the traffic policeman shall make mediation on site, and record the result of the mediation on the accident determination letter with the names of the persons involved in the accident signed on it, and deliver it to them. Article 18. The mediation shall not be applied to any of the following circumstances, and the traffic policemen may specify the relevant information on the accident determination letter and deliver the accident determination letter to the persons involved in the traffic accident: (1) The persons involved in the traffic accident fail to provide the evidences of the traffic accident, and the traffic policeman is unable to investigate into and verify the facts in relation to the traffic accident due to the change of the scene of the accident, or loss of the evidences; (2) The persons involved in the traffic accident disagree with the determination on the traffic accident; (3) The persons involved in the traffic accident refuse to sign their names on the accident determination letter; or (4) The parties disagree with the mediation to be made by the traffic police. In any of the circumstances prescribed in the preceding paragraph, or the persons involved in the traffic accident fail to reach an agreement after the mediation or the parties fail to perform the mediation after it comes into force, they may lodge a civil action to the people's courts. CHAPTER V INVESTIGATIONS Section 1 General Provisions Article 19. In case the following traffic accidents occur, the parties shall call the police immediately: (1) Resulting in death of or grievous bodily harm (GBH) or minor injury to any person; (2) Resulting in minor injury to any person, but the persons involved in the traffic accident have dispute over the facts or the cause of formation; (3) Resulting in greater property damage; (4) Resulting in minor property damage, but having any of the circumstances prescribed in items (1) to (3) of paragraph one of Article 13 of the present Provisions. The standards for greater property damage shall be prescribed through the negotiations between the public security organs in charge of traffic control of the provincial people's governments and the relevant departments. Article 20. The public security organs in charge of traffic control shall fill out the Registration Form for Putting on Records of Traffic Accidents for the traffic accidents prescribed in Article 19 of the present Provisions. Where upon investigation, the circumstances do not fall within the scope of traffic accidents, the said organs shall notify the persons involved in the traffic accident in writing and transfer the case to the relevant departments or notify the persons of the ways for handling. Article 21. There shall be at least two traffic policemen present when the public security organs in charge of traffic control make investigation into the traffic accidents. When making investigation, the traffic policemen shall show their law enforcement identities to the person being investigated, and inform the investigated person of the rights and duties they enjoy according to law, and deliver the contact card to the persons involved in the accident. The contact card shall specify the names of the traffic policemen, their office address, ways of contact, and supervision telephone number, and other contents. Article 22. In case of occurrence of a traffic accident resulting in death of more than three people, the public security organs in charge of traffic control at the city divided into districts shall assign policemen to make direction and investigation at the scene of the accident. In case of occurrence of a traffic accident resulting in death of more than ten people, the public security organs in charge of traffic control of the people's governments at the provincial level shall assign policemen to make guidance and investigation at the scene of the accident. Section 2 On-site Investigation Article 23. After the traffic policemen come to the scene of the accident, they shall carry out the following work upon request: (1) Organizing the rescue of the injured persons; (2) Setting up warning line around the scene of the accident, and setting up shining or light reflection traffic signs at around 50 to 150 meters away from the vehicle-coming-direction to the scene, and guiding the vehicles or passersby to make a detour. In case vehicles are permitted to pass, the traffic police shall keep on guard the scene of the accident, guide the traffic, and direct other vehicles to pass with low speed; (3) Directing the drivers, passengers and other persons to wait at the safety zones; and instructing the vehicles of perambulation or command, etc. to park in turn on the right side of the road of the coming direction of the vehicles within the warning line, and the vehicles shall turn on their alarm lamps, and shall also turn on the alarm flash lamps and lamps for indicating the outline for danger at night; (4) In case a traffic accident occurs to a vehicle which carries or transports the explosive goods, flammable and explosive chemicals, or such dangerous goods with poison, radioactivity, causticity, sources of infectious diseases, etc., the traffic policemen shall report to the local people's governments at once, who shall then circulate a notice to the relevant departments for handling in time, and take traffic control measures such as the closing down of the road, etc.. The traffic policemen shall cooperate with the relevant departments to delimit the separation areas, and evacuate the come-and-go vehicles and people; (5) In case a traffic accident has resulted in damage to establishments such as the road, power supply and communications, etc., the traffic policemen shall circulate a notice to the relevant departments to handle it in time; and (6) Determining the persons involved in the traffic accident, controlling the wrecker drivers, and finding out the witnesses. Article 24. If the emergency treatment or medical treatment personnel have arrived at the scene of the accident, they shall organize the rescue of the injured persons, and the traffic policemen shall render assistance positively. Article 25. The traffic police shall, when making survey on the scene of the traffic accident, wear glistening waistcoat, wear gleamy or glistening apparatus at night. If a traffic accident occurs to the vehicles carrying or transporting dangerous goods, they shall also wear protection suit and carry protection outfit upon need. Article 26. In case the traffic police make investigation at the scene of a traffic accident, they shall collect the relevant evidences completely and timely. The contents of on-site investigation shall cover: (1) The basic information of the persons involved in the traffic accident; (2) The vehicle safety technique status and the loading conditions; (3) The basic facts of the traffic accident; (4) The acts of the persons involved in the traffic accident in violation of law on road traffic safety, and the faults or suddenness causing the traffic accident; (5) The conditions of the road relating to the traffic accident; and (6) Other relevant facts in relation to the traffic accident. Article 27. When making survey on the scene of a traffic accident, the traffic police shall, in accordance with the relevant provisions of laws and regulations and standards, take pictures of the scene, draw the map of the scene, collect or pick up traces or material evidences, and make on-site survey notes. And on-site videotape shall also be made on the traffic accident, which results in death of more than three people. The traffic police taking part in the survey, the persons involved in the traffic accident or the witnesses shall sign their names on the map of the scene. If the persons involved in the traffic accident refuse to sign their names or are unable to sign their names or there are no witnesses, all this shall be recorded. Article 28. In case the traces or evidences may be destroyed due to the time, place, weather, and other reasons, they shall be tested, picked up and preserved in time. Article 29. The traffic police shall check the identity certificates of the persons involved in a traffic accident, the driver's license of the motor vehicle, employee's cards, and the driving permit of the motor vehicle, insurance marks, and examine the identities. Those wreckers whose identities are difficult to be checked and verified may be summoned according to law. The traffic police may check the vehicles and the persons involved in the traffic accident and the articles they carry with them according to law. Article 30. After completing the survey on the scene of an accident, and sorting out and counting the articles and properties remained on the scene of the accident, the public security organs in charge of traffic control shall organize quickly to clear the scene of the accident, and resume the traffic as soon as possible. Article 31. The public security organs in charge of traffic control shall, in accordance with the Procedure Provisions on Handling Administrative Cases by Public Security Organs, make question or interrogate the wrecker drivers, other persons involved in a traffic accident and the witnesses. When they are questioning or interrogating them, they shall get the basic information with regard to the ways of traffic, driver, and the owner of the motor vehicle, the supervisors, and the number of the driver's license, permitted type of vehicle, date of receiving the driver's license of the vehicle, driving experiences, information on the activities, rest and eating and drinking before driving, physical status when driving, conditions of the vehicle being operated, insurance, running route, time of driving, running speed, process of the occurrence of the traffic accident, measures taken in face of danger, and subjective psychology, etc., which relate to the traffic accident. Where during the process of investigating into a traffic accident, the public security organs in charge of traffic control find that any person involved in the accident is suspected of committing the crime of causing traffic trouble, they shall place it on file for investigation and prosecution in accordance with the Procedure Provisions on Handling Criminal Cases by Public Security Organs, and take compulsory measures against the person according to law. In case a person involved in a traffic accident is found being a suspect committing other acts of law violation or crimes, he/she shall be transferred to the relevant departments of public security organs. Article 32. In case a traffic policeman believes that penalties such as suspension or revocation of a driver's license of the vehicle shall be imposed upon a person involved in a traffic accident, he may impound the driver's license of the vehicle, and issue credence of administrative compulsory measures. The term of impoundment of a driver's license of the vehicle shall last to the time of making decisions on penalties. Article 33. In case a vehicle involved in a traffic accident and the driving permit of the vehicle should be impounded due to the need of collection of evidences, the public security organs in charge of traffic control shall issue credence of administrative compulsory measures, and tow the vehicle to a designated place and keep it properly. The public security organs in charge of traffic control shall not impound goods carried by a vehicle involved in a traffic accident, and shall, after verifying the weight, cubage, and damage of the goods carried, give a notice to the driver of the vehicle or the owner of the goods for self-handling. If the persons involved in the traffic accident fail to handle it by themselves, the provisions of Articles 155 and 156 of the Procedure Provisions on Handling Administrative Cases by Public Security Organs shall be followed for the handling. Section 3 Assistance in Investigation for Escape after Causing Traffic Trouble Article 34. The public security organs in charge of traffic control shall make preparedness plan for spying on and arresting of wrecker driver who escapes after causing the traffic trouble in accordance with the jurisdiction region and the road conditions. After the occurrence of a case of escape after causing traffic trouble, the public security organs in charge of traffic control shall organize to intercept and pursue and capture the vehicle and the person involved in the traffic accident on the basis of the testimony of witnesses, traces and articles remained at the scene of the traffic accident, and other clues. Article 35. The public security organs in charge of traffic control at the place where a traffic accident occurs may take ways such as circulating a notice for assistance in investigation and making announcement, etc., to ask for assistance in investigation into and reporting of cases of escape of the person or vehicle after causing traffic trouble. When circulating the notice for assistance in investigation or making announcement, the said departments shall provide basic facts of the case concerning the escape of the person or vehicle after causing traffic trouble, the person who escapes after causing traffic trouble, and the conditions, character and the direction of running away of the vehicle after it causes the traffic trouble, etc.. Article 36. The public security organs in charge of traffic control that receive the notice for assistance in the investigation, shall immediately organize to intercept or make inspection on vehicles one by one. In case they find the vehicle that escapes after causing traffic trouble or the suspected vehicle, they shall impound it, and summon the person who escapes after causing traffic trouble, or the suspect who complies with the person described in the notice, and give information to the public security organs in charge of traffic control at the place where the traffic accident occurs, who shall then assign traffic police to go to the scene of the traffic accident to handle the transfer at once. Article 37. The public security organs in charge of traffic control shall, after hunting down and seizing the person and the vehicle that have escaped after causing traffic trouble, circulate a notice of revoking the notice for assistance in investigation within the former scope. Article 38. The public security organs in charge of traffic control shall grant honor and award to the person or entity that have provided clues or rendered aid to hunt down and seize the person and vehicle that escape after causing traffic trouble. In case the public security organs in charge of traffic control and their traffic policemen refuse to cooperate in the investigation after receiving the notice for assistance in investigation, which leads to serious consequences, the public security organs or the public security organ at the next higher level shall prosecute for the liabilities of the responsible person for handling the traffic accident and the leaders in charge of the entity. Section 4 Testing and Identification Article 39. Where there is necessity to test or identify the physiology, mental status, bodily injury, body of the person involved in the traffic accident, and the vehicle and its running speed, traces, articles and the road status of the scene of the traffic accident, the public security organs in charge of traffic control shall assign or entrust professional technicians or qualified identification institutions to make testing or identification within five days from the date of making survey on the accident scene. The testing and identification shall be completed within 20 days. If there is necessity to extend the time, it may be extended for 10 more days upon the approval of the public security organs in charge of traffic control of the provincial people's governments. Article 40. The medical expertise on mental disorder shall be conducted by the hospitals designated by the provincial people's governments. In case a person involved in a traffic accident is disabled, he/she shall, after medical treatment ends, be assessed to determine his/her grade of disability by qualified disability identification institutions. The assessment on the property damage under dispute shall be conducted by qualified evaluation institutions. The qualified institutions of testing, identification and assessment shall be put on file at the public security organs in charge of traffic control of the provincial people's government. The public security organs in charge of traffic control may introduce the qualified institutions of testing, identification or assessment to the persons involved in a traffic accident, who shall then select at their free will. Article 41. In case a traffic accident has resulted in death of persons, the emergency treatment or medical treatment institutions or legal medical experts shall issue death certificates. The bodies shall be kept at the funeral and interment service entities or the medical treatment institutions that have mortuaries. No body shall be tested at the public places. The dissecting of the body shall be conducted with the consent of the relatives of the dead. After finishing the examination, the relatives of the dead shall be informed to handle the funeral matters within 10 days. If the relatives of the dead fail to handle such matters within the prescribed time limit, the body of the dead shall be disposed by the public security organs upon the approval of the responsible person of the public security organs at or above the county level. And the fees for keeping the body exceeding the time limit shall be borne by the relatives of the dead. In case the name of the body is unknown, the legal medical expert shall pick up the materials for the identification and examination of the body, and collect other relevant information from the body. And then the public security organs in charge of traffic control shall fill in the Registration Form for Information on the Unknown Body, and report it to the relevant departments of the municipal public security organs of the cities divided into districts. In case the identity of an unknown body is verified, the said departments shall inform his/her relatives or entities to make recognition and take it back, and handle the traffic accident. If, after verification, it is unable to determine the identity of the body, a notice for identifying the body shall be published in the newspapers at or above the prefecture or municipal level. In case there is still no one to recognize and take back the body within ten days after the publication, the body may be disposed upon the approval of the responsible person of the public security organs at or above the county level or the responsible person of the public security organs in charge of traffic control at the next higher level. Article 42. No one may use the vehicle involved in a traffic accident, which is impounded by the public security organs in charge of traffic control except when making testing or identification. The persons involved in the traffic accident shall be informed to take back the vehicle involved in the accident and the driving permit of the vehicle within 5 days after completing the testing and identification. The vehicle, whose owner has run away after discarding it or which is not taken back by the person involved in the traffic accident within ten days after the notice is made, shall be handled in accordance with the provisions of Article 112 of the Law of the People's Republic of China on Road Traffic Safety. Vehicles such as those without the license plate, having reached the standards for being discarded as useless, or failing to take part in the mandatory insurance for the third party liability of a vehicle, shall be disposed in light of the relevant provisions of laws and regulations. Article 43. In case the institutions of the testing, identification and assessment and their personnel are assigned or entrusted by the public security organs in charge of traffic control or entrusted by the parties involved in a traffic accident, they shall complete the testing, identification or assessment within a prescribed time limit. After the determination of the conclusions of the testing, identification or assessment, a written conclusion shall be issued. The names of the persons making the testing, identification or assessment shall be signed and the seal of the institutions shall be sealed on it. Article 44. The public security organs in charge of traffic control shall, within 2 days after receiving the conclusions of the testing and identification, deliver the photocopies of the conclusions of the testing and identification to the persons involved in the traffic accident. If the persons involved in the traffic accident disagree with the conclusions of the testing or identification of the public security organs in charge of traffic control, they may file an application for retesting or re-identification within 3 days after receiving the photocopies of the testing or identification conclusions. And the retesting or re-identification shall be conducted by the professional technicians or the qualified identification institutions assigned or entrusted separately upon the approval of the responsible person of the public security organs in charge of traffic control at the county level. In case the persons involved in a traffic accident disagree with the conclusions of testing, identification or assessment made by the institutions they entrust, they may entrust another institution to make testing, identification or assessment within 3 days after receiving the conclusions of testing, identification or assessment and give information to the public security organs in charge of traffic control, who shall then put it on records. The application for retesting, re-identification or reassessment shall be filed only once. The time limit for the retesting, re-identification or reassessment shall be the same as that for the testing, identification or assessment. Section 5 Traffic Accident Determination Letter Article 45. The public security organs in charge of traffic control shall determine the liability of the persons involved in a traffic accident after making investigation and on the basis of the role of the acts of the parties played in the occurrence of the traffic accident, and the seriousness of the their faults: (1) In case the traffic accident is caused due to the fault of one party, that party shall then undertake all the liability. In case the person escapes, which leads to the change of the scene of the accident, loss of the evidences, and the incapability of the public security organs in charge of traffic control to investigate and verify the facts of the traffic accident, the person involved in the accident who escapes shall undertake all the liability. If the persons involved in the accident purposely destroy or forge the scene of the accident, destroy evidences, they shall undertake all the liability; (2) In case a traffic accident occurs due to the faults of both parties or several parties, they shall, according to the role of their acts played in the occurrence of the accident and the seriousness of their faults, undertake the main liability, equal liability and secondary liability respectively; and (3) In case no party has any fault for the occurrence of the traffic accident, which shall be deemed as a traffic contingency, no party may undertake any liability; (4) In case a party purposely creates a traffic accident, the other party shall not undertake any liability. Article 46. The public security organs in charge of traffic control shall, after making survey and examination on the traffic accident at the scene, make the letter for determination of the traffic accident within 10 days from the date of making survey on the accident scene. In case a person or vehicle escapes after causing traffic trouble, the determination letter for the traffic accident shall be made within 10 days after hunting down and seizing the person or vehicle that escapes after causing traffic trouble. Where there is necessity to make testing or identification, the determination letter for the traffic accident shall be made within 5 days after the determination of the conclusions of testing, identification or retesting re-identification is made. Except the cases that the person and vehicle escape after causing traffic trouble are unable to be hunted down or seized or the facts concerning the traffic accident is unable to be investigated and verified, the determination letter for a traffic accident shall specify the following contents: (1) The basic information of the persons and vehicles involved in a traffic accident, and the road and the traffic environments; (2) The basic facts of the traffic accident; (3) The evidences of the traffic accident and the analysis on the cause of formation; and (4) The faults and liability of the persons involved in the traffic accident that result in the traffic accident or the sudden cause. The traffic accident determination letter shall be sealed with the special seal of the public security organs in charge of traffic control for handling traffic accidents and shall be served to the persons involved in the accident, who shall meanwhile be informed of the time limit for applying for mediation to the public security organs in charge of traffic control, and the right to lodge a civil action directly to the people's courts. Article 47. In case the person and vehicle that escape after causing traffic trouble are not hunted down and seized, and the persons involved in the traffic accident who claim for compensation for injury or damage ask for the issuance of the determination letter for the traffic accident, the public security organs in charge of traffic control may, within 10 days after receiving the written application of the said persons, make the determination letter for the traffic accident, which shall specify the time, place of the occurrence of the traffic accident, and conditions of the victim and the facts obtained after investigation. Where there is evidence showing that the victim has faults, his/her liability shall be determined. If there is no evidence showing that he/she has any fault, the victim shall be exempted from any liability. And the said determination letter shall be served to the persons involved in the traffic accident that claim for compensation for injury or damage. In the event that the facts of a traffic accident are unable to be investigated and verified, the public security organs in charge of traffic control shall make the determination letter for the traffic accident, specifying the time and location of the occurrence of the traffic accident, the information of the persons involved in and the facts obtained through investigation, and serve it to the parties respectively. CHAPTER VI EXECUTION OF PENALTIES Article 48. The public security organs in charge of traffic control shall impose punishments on the parties for their acts in violation of the road traffic safety regulations in accordance with the Administrative Punishment Law of the People's Republic of China, the Law of the People's Republic of China on Road Traffic Safety and its detailed implementation regulations, and other laws and administrative regulations, as well as by applying the Procedure Provisions on Handling Administrative Cases by Public Security Organs, and the Procedure Provisions on Handling Acts in Violation of Law on Road Traffic Safety. In case any person involved in a traffic accident is given such a penalty as suspension of driver's license of the vehicle, the impoundment per day shall be set off by suspension per day. In case no penalties of suspension or revocation of the driver's license of the vehicle is imposed, the impounded driver's license of the vehicle shall be returned. Article 49. In case the occurrence of a major traffic accident constitutes a crime, and there is necessity to revoke the driver's license of the person involved in the accident, the public security organs in charge of traffic control at the cities divided into districts shall make a decision of revocation of the driver's license of the vehicle before transferring the case. The public security organs in charge of traffic control shall mark the revocation of the impounded driver's license of the vehicle and put it on file of the traffic accident cases, and shall forward the transfer notice of the public security traffic administration to the vehicle administration station at the place where the driver's license of the motor vehicles is verified and issued, who shall then write off the driver's license of the vehicle. In case the person who escapes after causing traffic trouble is punished by revocation of driver's license of the vehicle, the vehicle administration station at the place where the driver's license of the vehicle is verified and issued shall record the decision on banning him/her from reacquiring the driver's license of the vehicle for life to the national information system of public security traffic administration for archival purposes. Article 50. In case a professional transportation entity occurs two traffic accidents within six months resulting in the death of more than 3 people for each accident, and the entity or the operator of the vehicle undertakes all the liability or the main liability for the traffic accident, the public security organs in charge of traffic control at the locality of the special transportation entity shall, after reporting to and being approved by the public security organs in charge of traffic control at the cities divided into districts, make decisions on ordering them to eliminate hidden trouble of safety within a prescribed time limit, and prohibit those vehicles that fail to eliminate the hidden trouble of safety from driving on the road, and circulate a notice to the relevant administrative departments of the people's governments at the location of the traffic accident and the place where the transportation entity is subject to. Article 51. In case a person involved in a traffic accident who escapes after causing traffic trouble, or who forces the driver of the vehicle to operate the vehicle by violating the laws and regulations concerning road traffic safety and the safety operating requirements for motor vehicles and thus a traffic accident occurs, need to be detained and punished, the public security organs shall handle it in accordance with the Procedure Provisions on Handling Administrative Cases by Public Security Organs. The public security bureaus or sub-bureaus of the county or city or the public security organs at the level equivalent to the county shall make verdict. Article 52. In case a person violates the provisions of the laws and regulations on road traffic safety, which leads to a major traffic accident, and constitutes a crime, he/she shall be prosecuted for criminal liabilities. The public security organs in charge of traffic control shall handle it in accordance with the Procedure Provisions on Handling Criminal Cases by Public Security Organs. CHAPTER VII MEDIATION ON COMPENSATION FOR INJURY OR DAMAGE Article 53. In case a traffic accident occurs to a vehicle that has taken part in the compulsory insurance for the third party liability, and the losses thereof do not exceed the scope of the liability quota of the compulsory insurance, the persons involved in the traffic accident may claim for compensation to the insurance company directly, or may handle the matters concerning the compensation for injury or damage through their own negotiation. Article 54. Where both the obligee and obligor of compensation for damage or injury of a traffic accident concurrently ask the public security organs in charge of traffic control to make mediation on the compensation for injury or damage, they may file a written application for mediation within ten days after receiving the determination letter for the traffic accident to the public security organs in charge of traffic control, who shall then make a mediation. In case the persons involved in a traffic accident indicate any disagreement with the testing or identification or the traffic accident determination in the application, the public security organs in charge of traffic control shall give information to the parties in writing that they shall not make the mediation. Article 55. The time limit for the public security organs in charge of traffic control to make mediation on the compensation for injury or damage in a traffic accident shall be ten days. In case the traffic accident results in death of any person, the time limit shall start from the date after finishing the handling of funerals prescribed. In case the traffic accident results in injury of any person, the time limit shall start from finishing the treatment. If a person is disabled due to injury, the time limit shall start from the date of identifying the disability. If the traffic accident results in property damage, the time limit shall start from the assessment of the damage. The public security organs in charge of traffic control shall stipulate the time and place for the mediation with the persons involved in the traffic accident, and notify the parties concerned three days before the time of mediation. If an oral notice is given, it shall be recorded in the mediation records. In case the participants of the mediation fail to take part in the mediation scheduled due to some reason, they shall inform the traffic policemen undertaking the mediation one day before the prearranged mediation time and ask them for alteration of the mediation time. Article 56. The participants for mediation of a traffic accident shall include: (1) The persons involved in the traffic accident and their attorneys; (2) The owner or manager of the vehicle involved in a traffic accident; and (3) Other persons that shall take part in the mediation believed necessary by the public security organs in charge of traffic control. The attorneys shall show their power of attorney with the signature or seal of the clients. The power of attorney shall specify the matters entrusted and the scope of power. No party shall have more than three persons taking part in the mediation. Article 57. The public security organs in charge of traffic control shall assign two traffic policemen to preside over the mediation. The mediation shall be carried out openly, and the time of mediation shall be announced beforehand. Auditing shall be allowed when the mediation is carrying out. If the parties have opposite requirements, auditing shall not be allowed. Article 58. The following procedures shall be followed when conducting the mediation on dispute over compensation for injury or damage caused by a traffic accident: (1) Giving brief introduction to the basic conditions of the traffic accident; (2) Reading out the letter for determination of the traffic accident; (3) Analyzing the role of the acts of the parties played in the occurrence of the traffic accident and the seriousness of their faults, and educating the parties; (4) Determining the compensation liability for injury or damage undertaken by the persons involved in the traffic accident on the basis of parties' liabilities determined by the traffic accident determination letter and according to the provisions of Article 76 of the Law of the People's Republic of China on Road Traffic Safety; (5) Computing the total amount of compensation for bodily injury and property damage, and determining the amount shared by each party. In case the traffic accident results in bodily injury, the computation shall be made on the basis of the compensation items and standards prescribed in the Interpretations of the Supreme People's Court on Some Issues concerning the Application of Law to the Trial of Bodily Injury Compensation Cases. The fees for repair and compensation through converting into money shall be computed on the basis of actual value or the evaluation conclusions of the evaluation institutions; and (6) Determining the ways of compensation. The principles of fairness, reasonableness and voluntariness shall be followed for the mediation on injury or damage caused due to traffic contingency. Article 59. Where an agreement is reached after mediation, the public security organs in charge of traffic control shall make mediation paper with the name of each party signed on it, and shall deliver it to each party. The following contents shall be specified in the mediation paper: (1) The brief introduction of the traffic accident and the losses thereof; (2) The liabilities of each party for compensation to injury or damage; (3) Items and amount of compensation for injury or damage; (4) Concurrent opinions of the parties through voluntary negotiation; (5) Ways of and time limit for compensation; and (6) Date of termination of the mediation. The payment to the compensation shall be handed over and taken over by the persons involved in the traffic accident themselves. In case the said persons ask the traffic policemen to forward the money, the traffic policemen may transfer it, and note that down at the mediation paper. In case no agreement is reached after mediation, the administrative departments of communications of the public security organs shall make a letter for termination of mediation and deliver it to each party. The letter for termination of mediation shall specify the reason for not reaching an agreement. If, after the mediation paper takes effect, the compensation obligor fails to perform the duty, the party may lodge a civil action to the people's courts. Article 60. In case any person involved in a traffic accident fails to take part in the mediation without justifiable reasons or quits the mediation during the process of mediation, the public securities organs in charge of traffic control shall terminate the mediation. CHAPTER VIII HANDLING OF FOREIGN-RELATED TRAFFIC ACCIDENTS Article 61. In case a traffic accident occurs to an overseas person or vehicle coming to China, it shall be handled in accordance with the relevant provisions of laws and regulations on handling foreign-related cases in addition to being handled in accordance with the present Provisions. The public security organs in charge of traffic control shall, when handling the traffic accident involving an overseas person or vehicle coming to China, inform the parties of their rights and duties in handling traffic accidents prescribed by the provisions of laws and regulations of our country. Article 62. In case an overseas person who temporarily comes to China has a traffic accident and shall undertake all the liability or the main liability, the public security organs in charge of traffic control shall inform the obligee of compensation for injury or damage of the traffic accident that he/she may make petition to the people's court for taking preservation measures before litigation. Article 63. In case a foreigner who enjoys diplomatic privilege and immunity has a traffic accident, and the traffic policemen think that his/her driver's license of the vehicle may be suspended or revoked, they may then impound his/her driver's license of the vehicle. If there is necessity to test or identify the vehicle, the public security organs in charge of traffic control shall return the vehicle at once after the testing and identification. If the person disagrees with the testing or identification, the fact shall be recorded and put on file, no compulsory testing or identification may be conducted. Where there is necessity to make investigation concerning the foreigner who enjoys diplomatic privilege or immunity, an appointment shall be made with him/her. If the person himself/herself refuses to be investigated, it shall be recorded and put on file. The public security organs in charge of traffic control shall make the letter of determination for traffic accident on the basis of the evidences they collect, and serve it to the person involved in the traffic accident. If the person involved in the traffic accident refuses to accept it, it shall be forwarded to the institution where the said person is working through diplomatic ways. Article 64. The public security organs in charge of traffic control shall, when handling the traffic accident resulting in death of a foreigner who enjoys diplomatic privilege and immunity, record and put on file information such as the identity and certificate of the foreigner involved in the traffic accident, the process of the occurrence of the accident, and the damage consequences, etc., and report immediately the relevant information level by level to the departments of foreign affairs of the provincial people's governments and the departments of public security and foreign affairs under the State Council. Article 65. The mediation on foreign-related traffic accidents may be conducted by way of unilateral mediation. The traffic policemen may forward the sum of money compensated by the parties through agreement. CHAPTER IX MISCELLANEOUS Article 66. The departments of supervision and inspection of public security organs may make on-site supervision over the work of the public security organs in charge of traffic control and the traffic policemen thereof for their handling of the traffic accidents, and make investigation into and punishment on issues of violations of laws and disciplines. The superior public security organs in charge of traffic control shall make supervision over the work of the public security organs in charge of traffic control at a lower level for their handling of traffic accidents, and inform them to correct in time the mistakes found out. Article 67. The public security organs in charge of traffic control and the traffic policemen thereof shall execute the law justly. Any traffic policeman who violates the present Provisions shall be given an administrative punishment according to law. And if any public security organ in charge of traffic control violates the present Provisions, an administrative punishment shall be imposed upon the leaders-in-charge of the entity and other persons directly liable according to law. Article 68. According to the Procedure Provisions on Handling Administrative Cases by Public Security Organs, where there is necessity that any traffic policeman or person making the test or identification of the public security organs should withdraw, it shall be determined by the responsible person of the public security organs or the responsible person of the public security organs in charge of traffic control at the next higher level. In case a person involved in a traffic accident files an application for withdrawal, the public security organs in charge of traffic control shall make decisions within two days and notify the applicant. Article 69. Where there is necessity that public security organs in charge of traffic control should provide the relevant evidences for the trial and examination of a traffic accident case by the people's courts or the people's procuratorate, the public security organs in charge of traffic control shall, after receiving the official letter for transferring the records of the case, transfer the original copy of the investigation documents of the traffic accident case to the people's court or the people's procurarorate within 3 days or according to the time limit required. Article 70. The present Provisions shall be followed for the handling of a traffic accident occurred to a person or vehicle of the army or the armed police troops. Where there is necessity to impose a criminal or administrative punishment upon a soldier in active service, the soldier shall be transferred to the relevant departments of the army or armed police troops. Article 71. In case it is difficult to recognize the identity of the person who is killed in a traffic accident, the public security organs in charge of traffic control shall transfer the damages paid to the relevant departments for preservation. After the obligee of the compensation for injury or damage has been determined, the said relevant departments shall hand the damages over to the obligee of the compensation for injury or damage. Article 72. The format of the legal documents concerned in the present Provisions shall be implemented in accordance with the laws and regulations and rules now in existence and the relevant standards. The format of the agreement, which records the traffic accident on the spot by the parties shall be formulated by the public security organs in charge of traffic control of the people's governments at the provincial level and the relevant departments through negotiation, and shall be printed and distributed to the owners of vehicles, who shall then carry with them when driving. In case a person fails to carry the agreements of the prescribed format, he/she may make it out by himself/herself. Article 73. Except contents such as the state secrets, commercial secrets or individual privacy, and the contents being kept confidential upon the request of the persons involved in a traffic accident or the witnesses, the parties and their attorneys may, after receiving the letter for determination of the traffic accident, consult, copy, or extract the evidence documents on the handling of the traffic accident by the public security organs in charge of traffic control. They shall then seal a special seal of the public security organs in charge of traffic control for handling traffic accidents on the documents copied by the parties. CHAPTER X SUPPLEMENTARY PROVISIONSĦĦĦĦ Article 74. The following terms in the present Provisions shall have the following meanings: (1) "Escape after causing traffic trouble" shall refer to the acts of the person involved in a traffic accident who runs away from the scene of the traffic accident by driving the vehicle or abandoning the vehicle after the occurrence of the traffic accident for the purpose of evading legal prosecution; (2) The "One Day", "Two Days", "Three Days", "Five Days", "Ten Days" and "Twenty Days" mentioned in the present Provisions shall refer to the working days, excluding festivals or holidays; and (3) The "public security organs in charge of traffic control at or above the county level" shall refer to the administrative departments of communications of the public security organs at or above the county level or the administrative departments of communications of the public security organs equivalent to the same level. The "public security organs in charge of traffic control at the cities divided into districts" shall refer to the administrative departments of communications of the public security organs at the cities divided into districts or those equivalent to the same level. The "public security organs of the cities divided into districts" shall refer to the public security organs of the cities divided into districts or those equivalent to the same level. Article 75. The present Provisions shall come into force as of May 1, 2004. The Provisions on Procedure for Handling Road Traffic Accidents (Order No. 10 of the Ministry of Public Security) promulgated on August 10, 1992 shall be repealed simultaneously. In case any other provisions promulgated by the Ministry of Public Security before April 30, 2004 are inconsistent with the present Provisions, the present Provisions shall prevail. Attachments: 1. Accident Determination Letter (Omitted) 2. Traffic Accident Determination (Omitted) |
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