Laws of the Guangdong Province

Regulations of the Shenzhen Special Economic Zone

on Punishments in Roads and Traffic Control

(Adopted at the Eleventh Meeting of the Standing Committee of the Second Shenzhen Municipal People' s Congress on October 29, 1996, Revised at the Second Meeting of the Standing Committee of the Standing Committee of the Third Shenzhen Municipal People' s Congress on October 24, 2000)

Chapter I General Provision

       Article 1 In order to strengthen roads and traffic control within the Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone), maintain traffic in order, and standardize punishing acts in traffic control, these regulations are hereby formulated in accordance with the related law and regulations as well as in the light of the specific conditions of the Special Zone.

       Article 2 These measures shall apply to punishing the acts in violation of roads and traffic control listed in these measures; as for the acts not listed in these measures, they shall be punished according to the related law and regulations.

       These measures shall apply to the drivers of armed forces, armed police, public security departments, judicial offices and the drivers of special vehicles of other kind, but with an exception if there are other rules in law and administrative regulations to be applied.

       Article 3 The Shenzhen Municipal Department of Public Security shall be the administrative department in charge of roads and traffic control in the city, its subordinate office, the Shenzhen Municipal Public Security Bureau of Roads and Traffic Control (hereinafter referred to as the municipal traffic control office) shall be responsible for implementation of these regulations.

       Article 4 The principle of combination of punishments with education shall be adhered to in implementation of punishments in roads and traffic control.

       Imposing a fine shall be done in compliance with the system of separating issuance of tickets from collection of payments.

       Article 5 The municipal traffic control office shall strengthen road patrol by motor vehicles, solve traffic jam without delay, correct, investigate and prosecute illegal acts in traffic violation.

       Traffic police on duty shall execute duties according to law, enforce the law strictly, discharge duties civilly, dress neatly, and conduct themselves sedately.

       Article 6 When traffic police discharging duties according to law, they shall be protected by law, other units and individuals shall not illegally interfere.

       Article 7 Traffic police on duty shall conscientiously accept supervision by society and citizens. The municipal traffic control office shall establish a strict system of supervision and a system of investigation into the responsibility for misjudged cases in dealing with punishments in road and traffic control.

Chapter II Categories of Penalties and Their Application

       Article 8 Penalties in road and traffic control shall be classified into the following 5 categories:

(1)    warning;

(2)    fine: more than 50 but less than 50,000 RMB;

(3)    suspending a driving license: more than 15 but less than 60 day ;

(4)    detaining: more than 1 but less than 15days;

(5)    confiscating: vehicles, the related devices.

All fines, auction sales of confiscated vehicles shall be handed over to the

municipal finance department.

       Article 9 For a person of more than 14 but less than 18 full years of life who has violated these regulations, a warning or lighter punishment shall be given; for a person of less than 14 full years of life who has violated these regulations, a punishment shall be remitted, but education shall be given, and the person' s guardian shall be instructed to impose strict discipline.

       Article 10 For a disabled person who has violated these regulations because of physiological defects, a punishment shall be remitted.

       Article 11 There shall be no more than 2 fines for the same illegal act.

       Article 12 If a case is serious enough to constitute a crime in violation of these regulations, the criminal responsibility shall be investigated into according to law; if there is personal injury or loss of property as a result, the civil responsibility shall be assumed according to law.

Chapter III Acts in violation of Road and Traffic Control and Punishments

       Article 13 If a motor vehicle driver has taken one of the following acts, a warning shall be given or a fine of 50 RMB shall be imposed:

(1)    failing to stop or yield when passing an intersection with a sign of stop or yield;

(2)    stopping a vehicle at a pedestrian crossing or yellow square section;

(3)    littering from within a vehicle;

(4)    failing to wear a helm or sitting with two feet on one side when driving or riding a two-wheel motorcycle;

(5)    failing to fasten a safety belt by the driver or the passengers in front-row seats when a mini-bus is running.

Article 14 If a motor vehicle driver has taken one of the following acts, a warning

shall be given or a fine of 100 RMB shall be imposed:

(1)    driving a vehicle for disabled only to transport passengers or cargoes;

(2)    wearing slippers, smoking, eating or drinking when driving a motor vehicle;

(3)    hanging, placing, posting various tags or other articles within the driver' s cab and in the front windshields which interfere with operating and obstruct the driver' s view;

(4)    failing to mount a license plate according to the rules or intentionally cover, scrawl the license plate;

(5)    driving a commercial vehicle of Shenzhen (including trucks stationed in Shenzhen) by a driver of other place who has not gone through the registration of entrusted administration of a driver of other place;

(6)    failing to yield to pedestrians when passing a pedestrian crossing without traffic light or when pedestrians are passing a pedestrian crossing by following the instruction of the traffic light;

(7)    failing to use the light according to the rules when facing another vehicle at night.

Article 15 If a motor vehicle driver has taken one of the following acts, a fine of

200 RMB shall be imposed:

(1) changing a lane or failing to drive in the designated direction when having                        entered a directed lane;

(2) crossing a separating line, single solid line, double solid line when driving;

(3) driving a motor vehicle on a road for non-motor driven vehicle only or on a sidewalk;

(4) dialing or holding and answering a mobile phone when driving a motor vehicle;

(5) driving a civilian vehicle by a driver of armed forces, armed police or driving a vehicle of armed forces, armed police by a civilian driver;

(6) using a horn in a section where horn is prohibited from using;

(7) parking a vehicle on a road for non-motor driven vehicle only, sidewalk, section with yellow lines or other sections where parking is prohibited.

In case of violation of either Item (1) or Item (2) of the above section, the driver' s license may also be suspended for 15 days; in case of violation of Item (1) from 5:00 pm to 7:00 pm, a fine of 400 RMB shall be imposed.

Article 16 If a motor vehicle driver has taken one of the following acts, a fine of 300 RMB shall be imposed:

(1)               failing to obey the instruction of a traffic police on duty and entering an intersection when there is a traffic jam in the intersection the vehicle is heading to;

(2)               failing to drive on the lane designated according to the type of vehicles;

(3)               driving a motor vehicle on road alone by a student driver;

(4)               teaching driving without applying for and obtaining a certificate for driving instructor or failing to follow the assigned time and routes to teach driving on road;

(5)               driving a motor vehicle with a driver' s license of foreign country;

(6)               soliciting passengers by driving a bus slowly on the roads by stations, docks, and squares;

(7)               driving a motor vehicle in a prohibited time or in a prohibited section.

In case of violation of Item (1) of the above section, the driver' s license may also

be suspended for 30 days.

Article 17 If a motor vehicle driver has taken one of the following acts, a fine of

400 RMB shall be imposed:

(1) making a forcible passing or entering the opposite-direction lane when there is waiting line of vehicles or slow traffic;

(2) overspeeding, going into a direction not allowed by traffic regulations, backward driving;

(3) driving a vehicle which is not the type of vehicle that the driver' s license allows to drive;

(4) failing to follow the assigned routes or picking up and drop passengers at will without stopping at the designated bus-stops when driving a passenger bus;

(5) driving a vehicle of which the body is damaged and the parts do not meet the safety requirements.

       In case of violation of one of Items from (1) to (3) of the above section, the driver' s license may also be suspended for 1 month; in case of violation of either Item (4) or Item (5), the vehicle shall be temporarily detained or the operating permit of the vehicle shall be taken away, and correction by a deadline shall be ordered.

       Article 18 If a motor vehicle driver has taken one of the following acts, a fine of 500 RMB shall be imposed:

(1)    making a forcible passing at the red light or refusing to obey the instruction of a traffic policy;

(2)    when there is no obstacle ahead, deliberately slowing down, stopping, or blocking the traffic in other ways, and refusing to obey the instruction;

(3)    drunk driving a motor vehicle and failing in passing the test because the alcoholic taking exceeds the prescribed standard;

(4)    driving a motor vehicle by a person without a driver' s license or leaving a motor vehicle to a person without a driver' s license to drive;

(5)    driving a motor vehicle with a driver' s license appropriatd or borrowed from other person;

(6)    using an altered, invalid license plate of a motor vehicle or using an altered, invalid, forged driver' s license to drive a motor vehicle;

(7)    installing, using an alarm or alarm light in violation of the rules;

(8)    driving a motor vehicle with a engine number or frame number altered without authorization;

(9)    driving a motor vehicle which has been tested to reach a level to be discarded and not yet applied for discarding;

(10)driving a motor vehicle assembled without permission;

(11)driving a tractor within the city or on the main line of roads of other kinds;

(12)driving a non-commercial motor vehicle to charging passengers and disrupting the traffic order;

(13)driving a motor vehicle of which the exhaust looks dark or the emission exceeds the standard and pollutes the environment.

In case of violation of Item (1), the driving license may also be suspended for 15 days; in case of violation of one of Items from (2) to (4), the driver' s license may also be suspended for 60 days; in case of violation of either Item (3) or Item (5), detention for less than 15 days may also be implemented according to law; in case of violation of either Item (6) or Item (7), the invalid license plate of a motor vehicle, invalid driver' s license shall be taken away, the alarm light, alarm installed illegally shall be confiscated; in case of violation of one of Items from (8) to (10), the vehicle shall be confiscated, and the license plate and  the operating permit of the vehicle shall be taken away.

       In case of violation of one of Items from (2) to (13) of the first section, the vehicle may be temporarily detained.

       The standard and methods of the alcoholic test shall be formulated by the Shenzhen Municipal Department of Public Security.

       Article 19 If a motor vehicle driver has driven an overloaded motor vehicle, immediate correction shall be ordered; if the immediate correction cannot be done, the vehicle may be detained; a punishment shall be imposed according to the following rules:

(1)    when driving a motor vehicle to transport passengers, a fine of 200 RMB per extra passenger shall be imposed;

(2)    when overloaded goods are less than 20% of the loading capacity, a fine of 200 RMB shall imposed;

(3)    when overloaded goods are from 20% to 50% of the loading capacity, a fine of 1,000 RMB shall be imposed;

(4)    when overloaded goods are from 50% to 100% of the loading capacity, a fine of 2,000 RMB shall be imposed;

(5)    when overloaded goods are more than 100% of the loading capacity, a fine of 5,000 RMNB shall be imposed.

In case of violation of Item (1) of the above section by driving a medium, large

passenger bus to have the number of extra passengers which exceeds the approved number of passengers by more than 20%, detention for less than 15 days shall also be implemented according to law.

      If a truck is used to transport passengers without approval or transport both passengers and goods mixed together, a punishment shall be imposed according to Item (1) of the first section.

       Article 20 In case of driving a motor vehicle without a license plate or with an appropriated, borrowed, forged license plate, a fine of 50,000 RMB shall be imposed for motorcycle, tractor, and a fine of 20,000 RMB shall be imposed for other vehicles.

       In case of violation of the above section, the vehicle may also be confiscated except for a vehicle which has a legal origin that can be provided.

       Article 21 If a driver has fled or deliberately sabotaged, simulated the scene after a traffic accident taking place in driving a vehicle, a fine of more than 30,000 but less than 50,000 RMB shall be imposed; if a crime has been constituted, the criminal responsibility shall be investigated into according to law.

       If a driver has fled the scene after a traffic accident taking place in driving a vehicle, and the owner of the vehicle, units or individuals in the know have refused to provide the related information of the driver for the people handling the case or provided false materials, a fine of more than 5,000 but less than 10,000 RMB shall be imposed.

       Article 22 If a driver of a non-motor-driven vehicle has taken one of the following acts, correction shall be ordered, a warning may be given or a fine of 50 RMB may be imposed:

(1)    driving a non-motor-driven vehicle with an incomplete license plate or without a license plate;

(2)    driving a non-motor-driven vehicle with a refitted mechanic power unit;

(3)    driving on a road for motor vehicles only or in violation of traffic signals;

(4)    riding a bicycle loaded with articles higher, wider, longer than what are allowed;

(5)    driving a non-motor-driven vehicle in a direction not allowed by traffic regulations or riding a bicycle carrying a passenger.

In case of violation of Item (1) of the above section, the vehicle shall be confiscated

except for a bicycle which has a legal origin that can be provided.

      If a non-motor-driven vehicle has violated Item (2), the power unit shall be taken away from a vehicle which has a legal origin that can be provided; as for a vehicle which has no legal origin to be provided, the power unit shall be taken away and the vehicle shall be confiscated as well.

       Article 23 If a pedestrians or rider has one of the following acts, correction shall be ordered, a warning may be given or a fine of 50 RMB may be imposed:

(1)    passing a pedestrian crossing in violation of traffic signals;

(2)    getting over or going through protection rails for traffic separation;

(3)    walking or peddling goods on a road for motor vehicles only;

(4)    littering from within a vehicle by a rider or interfering with the driver' s operating.

Article 24 If the party concerned has taken one of the following acts, immediate

correction, restoring the original state by a deadline or compensation for loss shall be ordered, and a fine of more than 1,000 but less than 3,000 RMB shall also be imposed; if the case is serious, a fine of more than 3,000 but less than 5,000 RMB shall be imposed:

(1)    damaging or removing traffic safety facilities without authorization, or obstructing the normal use of traffic safety facilities in other ways;

(2)    failing to set up safety rails and warning signs around a road-work site in accordance with the rules;

(3)    failing to open enough gates at toll booths in order to keep the road unblocked;

(4)    without approval from a traffic control office, occupying a road or setting up roadblocks, ads, signboards, traffic signs, marking lines;

(5)    dumping, scattering articles to impair traffic safety such as garbage, sands and rocks, remaining mud and residual earth, etc.;

(6)    without approval from a traffic control office, digging a road, opening an intersection or failing to restore the original state within the allotted time;

(7)    without approval from a traffic control office, changing the color of a vehicle' s body or its outward appearance;

(8)    a station of traffic safety inspection fails to do inspection according to the rules or practices fraud in providing an inspection report of  safety up to standards.

Chapter IV Procedure of Implementation and Supervision

Article 25 The punishments stipulated in these regulations shall be implemented

under the following jurisdictions:

(1)    imposing a fine of less than 50 RMB on a pedestrian, rider, and driver of a non-motor-driven vehicle or giving a warning shall be decided and implemented on the scene by traffic police on duty, if the party concerned is not able to pay the fine, the vehicle may be temporarily detained or other educational measures shall be taken;

(2)    imposing a fine of less than 5,000 RMB, suspending a driver' s license for less than 30 days, and confiscating the related devices shall be decided and implemented by the traffic police unit under the municipal traffic control office;

(3)    imposing a fine of more than 5,000 RMB, suspending a driver' s license for more than 30 days, and detaining or confiscating a vehicle shall be decided and implemented by the municipal traffic control office.

Article 26 When traffic police decide and implement a fine on the scene, there

shall be more than 2 police, an on-the-scene penalty notice for violation of traffic control and a fine receipt printed uniformly by the finance department shall be issued.

       When a driver' s license or an operating permit of a vehicle is taken away, a taking-away voucher shall be issued, and the license or permit shall be turned over to the traffic police unit within 12 hours.

       When a vehicle is temporarily detained, a temporary detention voucher shall be issued, and the vehicle shall be turned over to the traffic police unit within 6 hours.

       Article 27 Before a traffic control office makes a penalty decision, it shall inform the party concerned of the facts, reasons, and basis to make the penalty decision and also of the rights the party concerned may enjoy according to law.

       Before the municipal traffic control office makes a penalty decision to impose a fine of more than 5,000 RMB on the party concerned and to confiscate a motor vehicle, a hearing shall be held according to law if the party concerned wants it.

       Article 28 The municipal traffic control office shall sign and issue Notice of Decision on Administrative Penalty in Traffic Control by Police in case of violation of Item (7) of the first section of Article 15 when the driver is on the scene; if the driver is not on the scene, the vehicle shall be held and then Notice of Decision on Administrative Penalty in Traffic Control by Police shall be signed and issued; if the vehicle blocks the traffic or obstructs the implementation of other emergency tasks, the vehicle shall be temporarily detained and removed to the designated place, and the owner of the vehicle or driver shall be informed in a proper way.

       Article 29 The municipal traffic control office shall return immediately a temporarily detained vehicle after completing the procedure of dealing with the illegal act, if the party concerned has refused to accept the settlement after 3 months or failed to claim the detained vehicle after receiving a notice, a public notice shall be published in the newspaper; if the vehicle has still not been claimed one month after the public notice was published, it shall be turned over to the municipal finance department to be handled according to law.

       Article 30 If the party concerned in violation of roads and traffic control has no dissent on the finding of his/her illegal act, he/she shall sign On-the-Scene Record of the Finding of Traffic Violation of Law, the police on duty may sign and issue Notice of Decision on Administrative Penalty in Traffic Control by Police. If the party concerned has dissent on the finding of his/her illegal act, the police shall take away his/her driver' s license or operating permit, and then handle this case according to law after verification.

       The party concerned or the owner of the vehicle shall pay the fine at a designated bank within 15 days after receiving Notice of Decision on Administrative Penalty in Traffic Control by Police. If the fine has not been paid after the deadline, 3% of the sum of the fine per day shall be imposed in addition.

       The party concerned whose vehicle has been temporarily detained shall assume both towing fee and parking fee.

       Article 31 If an illegal act of a vehicle in traffic violation has been recorded either by a monitoring device or by a traffic police on duty, the driver shall be punished according to law; If there is no way to determine the driver or the driver has not accepted the punishment after the deadline, a fine may be imposed on the owner of the vehicle according to the related articles and sections of these regulations.

       If an illegal act of a vehicle in traffic violation has been recorded by a monitoring device or an illegal act of a motor vehicle driver in traffic violation has been recorded by a traffic police on duty, and the case has not been settled, the traffic control office shall not allow them to go through the procedure of annual inspection; if there are three case of illegal acts which have not been settled, the vehicle may be temporarily detained.

       Article 32 If a motor vehicle driver is in one of the following situations, the municipal traffic control office may suspend the driver' s license and registration certificate for entrusted administration under other jurisdiction:

(1)    without justification, refusing to accept the punishment on his/her illegal act for more than 90 days;

(2)    within a term of the annual inspection, being recorded for running the red light for 5 times or violating these regulations for more than 10 times;

(3)    after the driver' s license has been temporarily taken away or suspended, making a false report that the license has been stolen or lost, and reapplying for a driver' s license.

If a driver' s license has been revoked, it shall be forbidden to apply for a student

driver' s license within 1 year.

       Article 33 If the party concerned has refused or obstructed the performance of duties by a traffic police according to law, or attacked, beat and scolded, humiliated a traffic police on duty, a punishment shall be imposed according to Regulations of the People' s Republic of China on Punishments in Public Order and Security Administration; if a crime has been constituted, the criminal responsibility shall be investigated into according to law.

       Article 34 The traffic control office shall establish a system of social supervision in enforcement of traffic control, and engage the related persons of the society for voluntary supervision over the behavior of the traffic police on duty.

       The municipal traffic control office shall establish a special institution to accept reports and set up a phone line for reporting which should be made public in the newspaper, the citizens' reports and the related suggestions and opinions shall be handled promptly, and the persons who make reports or suggestions shall have reply on the processing of their cases.

       Article 35 The Shenzhen Municipal Department of Public Security and the municipal traffic control office shall administer and supervise the enforcement activities of the subordinate traffic control offices, if a mistake has been found in a penalty decision, the penalty shall be cancelled or changed, and the responsibility of the related persons shall be investigated into.

       The municipal traffic control office shall establish a strict system of personal responsibility on a work post and a system of investigation into the responsibility for misjudged cases, and promptly correct the acts of illegal punishment, if there is infringement upon the legal rights and interests of the party concerned because of illegal exercise of functions and power, compensation shall be made according to Law of the People' s Republic of China on State Compensation.

       Article 36 If a traffic police has failed to discharge duties according to law and taken one of the following acts, criticism and education shall be given; if the case is serious, stop of executing duties shall be ordered, and a disciplinary sanction shall also be imposed; if a crime has been constituted, the criminal responsibility shall be investigated into according to law:

(1)    failing to deal with illegal acts in traffic violation according to law;

(2)    after a report to the police on traffic jam or traffic accident has been received, failing to get to the scene promptly to restore traffic order and handle the case without reason;

(3)    failing to turn over temporarily detained vehicles and temporarily held certificates to a superior within the prescribed time;

(4)    failing to issue a receipt, notice of penalty decision when imposing a punishment, and failing to issue a temporary taking-away voucher when temporarily detaining a vehicle or taking away a certificate;

(5)    deliberately doing damage to the certificates and articles of the party concerned;

(6)    beating and scolding the party concerned;

(7)    abusing power for personal gain, embezzling and taking bribes.

Article 37 If a trouble-making act in a traffic accident and illegal act in violation

of road and traffic control reported by citizens have been checked and found to be true by the municipal traffic control office, and punished according to law, the municipal traffic control office shall give these citizens proper rewards, the reward expenses shall be entered in and paid from an account of the municipal finance department.

       Article 38 If the party concerned has refused to accept a temporary detention or punishment decided by a traffic control office, an application for review may be filed to the responsible department at the higher level within 60 days from the date of receiving the decision notice; the responsible department at the higher level shall make a review decision within 60 days from the date of receiving the application for review. If the applicant has refused to accept the review decision, legal action may be taken at the people' s court within 15 days from the date of receiving the review decision notice.

       If the party concerned has failed to implement the penalty decision after the deadline, the traffic control office may enforce it according to law or apply to the people' s court for enforcement.

Chapter V Supplementary Provision

       Article 39 "More than " or "less than " a number referred to in these regulations shall include the number itself.

       Article 40 These regulations shall take effect as of March 1, 1997.