Art. 1 Based on 《The Law of the People’s Republic of China on Road Traffic Safety》, 《The Regulation of Implementation of the Law of the People’s Republic of China on Road Traffic Safety》, 《Procedures for Handling Road Traffic Accidents》and the practice of handling traffic accidents in the city, the present Regulation is hereby promulgated to ensure the orderliness, safety, and smooth going of the road traffic within the city, to improve the passage efficiency, to provide convenience to the masses, as well as to protect the lawful rights and interests of all the traffic participants and the parties involved in traffic accidents.
Art.2 The present Regulation is applicable to those traffic accidents, which can, in compliance with the law, be negotiated and settled by the parties concerned themselves or be handled with the Simplified Procedure by the traffic police on the scene.
Art.3 The traffic accident referred to in the present Regulation means the traffic accident that takes place within the jurisdiction of this municipality, which makes no personal injury or death, or has just caused minor injury as rated by the injured.
Art.4 As soon as a traffic accident happens to a motor vehicle, the driver concerned should immediately turn on the hazard flash lights, and during nighttime turn on the width indicators and the rear lights, set up the warning sign towards the direction facing the coming vehicle and take measures to extend the warning distance.
If the accident is reported soon after it happens, the parties involved should obey the command of the traffic police to immediately withdraw from the scene and restore the traffic.
Art.5 If there is no dispute on the facts and the causes of the accident, and the vehicle can move by itself, the parties concerned can quickly withdraw from the scene to restore the traffic, and negotiate between themselves to settle the indemnity for the damage; if there is no quick withdrawal from the scene, the parties concerned should report to the duty traffic police or the traffic administrative department of the public security organ right away.
The parties concerned should move out of the scene first and then negotiate for settlement in case a traffic accident occurs on the road and has just made minor property loss, and also the basic facts of the accident are clear.
Art.6 The parties involved should make a record in writing about the details of the accident such as the time, place, weather, name of the parties concerned, driving license number, contracting information, number of the license plates, number of the insurance policy, configuration of the accident, the position of the collision, and the liable party for indemnity, etc, and soon after the record paper is signed together, the parties concerned should move out of the scene and negotiate on the amount and the way of indemnity.
If the parties involved have bought the third liability compulsory insurance for the vehicles, they can get compensation from the insurance company with the agreement or the record paper which contains the details of the occurrence of the accident, or they can negotiate between themselves for the settlement of indemnity for the damage.
Art.7 The parties concerned should protect the scene and call the police immediately in any of the following situations:
1. The motor vehicle carries no plate, no conformity inspection mark or insurance sign;
2. The driver has no valid motor vehicle driving license;
3. The driver has drunk alcohol or taken psychotropic drugs or narcotics controlled by the State;
4. There is dispute about the facts or the causes of the traffic accident;
5. The parties concerned cannot move the vehicles by themselves;
6. The collision is made on the building, public facility or other establishments;
7. Only one vehicle liable in the traffic accident.
Art.8 Under any of the following circumstances, the traffic accident can be handled by a traffic policeman in conformity with the Simplified Procedure:
1. The parties involved do not withdraw from the scene for disagreement on the facts and causes of the accident, or an agreement can not be reached after the concerned parties have withdrawn from the scene by themselves;
2. The parties involved have no dispute on the facts and causes of the accident, but they have differences on the indemnity.
Art.9 The traffic police should make record about the details of the traffic accidents such as the time, place, weather, name and gender of the persons concerned, driving license number, ID number, present address, way of contact, plate number, insurance policy number, configuration of the accident and the position of the collision, etc. Once the parties concerned have signed the record paper, the traffic policeman should order the parties concerned to withdraw from the scene and restore the traffic. Those who refuse to withdraw from the scene should be compulsorily withdrawn. The policeman should also decide the liability of the parties concerned and make a written conclusion on the spot.
Art .10 The parties involved should provide the traffic police with the signed document recording the details of the accident if the concerned parties have withdrawn from the scene by themselves but an agreement cannot be reached upon the indemnity of damage between themselves. The traffic police should take down the information provided by the parties, and have it signed by the parties concerned, and then decide the liability according to the present Regulation and make a written conclusion of the accident on the spot.
Art.11 When both of the parties concerned ask the conciliation together after a traffic accident occurs, the traffic policeman should make an investigation on the spot, record the conciliation result in the written conclusion of the accident, and have it signed by the parties concerned, and then give it to the concerned parties.
Art.12 Under any of the following circumstances where a conciliation is not applicable, the traffic police can state the relevant details on the written conclusion of the accident, and give the written conclusion to the concerned parties:
1. If the parties involved can not provide the evidence for the traffic accident and the traffic police cannot investigate and verify the facts of the accident due to alteration of the scene or the destruction and loss of evidence;
2. The parties involved have dispute on the written conclusion of the accident;
3. The parties involved refuse to sign the written conclusion of the accident;
4. The parties concerned do not agree to take the conciliation of the traffic police.
Under any of the aforesaid circumstances, or after conciliation, the parties fail to reach an agreement or refuse to perform the conciliation statement after it goes into effect, they may bring a civil litigation to the people's court.
Art.13 One of the concerned parties should bear the whole liability in the following situations:
1. Whoever, when driving the vehicle passing the traffic signal lights controlled crossing, continues the passage when meeting the red light;
2. Whoever driving the motor vehicle crosses over the central line markings or segregation facilities which prohibit the crossing of the road, and gets involved in a traffic accident with the other vehicle or the pedestrian on the road;
3. Whoever driving the motor vehicle enters the non motor vehicle driveway or the non motor vehicle passage area and scratches or collides with the non motor vehicle running in the same direction;
4. Whoever driving the motor vehicle scratches or collides with the pedestrian on the pavement or within the pedestrian’s passage area;
5. Whoever driving the motor vehicle scratches or collides with the pedestrian who lawfully passes within the crosswalk;
6. Whoever driving the motor vehicle does not give way to the police car, fire engine, ambulance, engineering emergency vehicle which is performing an urgent task;
7. Whoever driving the motor vehicle drops or scatters the carried goods, which leads to a traffic accident;
8. Whoever driving the motor vehicle reverses the vehicle, and causes a traffic accident with the other vehicle or the pedestrian at the back;
9. Whoever driving the non motor vehicle in the wrong direction in the non motor vehicle driveway gets involved in a traffic accident with the non motor vehicle running in the right direction;
10. Whoever driving the non motor vehicle gets involved in a traffic accident in the non motor vehicle driveway when overtaking the non motor vehicle running in the same direction;
11. Only one party liable in the traffic accident.
Art.14 Only one party is under the following circumstances, and the other party is not under the following circumstances, then the party under the following circumstances should bear the whole liability; or both parties are under the following circumstances, then both parties concerned should bear equivalent liability;
1. The motor vehicle follows and collides on the rear of the motor vehicle running ahead in the same lane;
2. The motor vehicle, when changing its lane, affects the normal passage of the motor vehicle running in the concerned lane.
3. When motor vehicles meeting each other on a road without central segregation facilities or central division lines, the one with impediment ahead does not give way to let the one without impediment pass first; but the motor vehicle without impediment ahead having not entered the impediment segment does not give way to the one with impediment ahead but having already entered the impediment segment;
4. When motor vehicles meeting each other on a sloping road without central division lines or central segregation facilities, the one going downwards does not give way to let the one going upwards pass first; but the motor vehicle going upwards having not entered the sloping segment does not give way to the one going downwards when it is already in the midway of the slope;
5. When motor vehicles meeting each other on a narrow mountainous road with no central segregation facility or central division line, the one on the mountain side does not give way to let the other party pass first;
6. The motor vehicle overtakes another vehicle ahead which is turning left.
7. The motor vehicle overtakes another vehicle ahead which is turning around;
8. The motor vehicle overtakes another vehicle ahead which is overtaking another vehicle ahead;
9. The motor vehicle overtakes another vehicle ahead though it is possible to meet the motor vehicle coming from the opposite direction;
10. The motor vehicle overtakes another vehicle ahead when passing the crossroad, narrow bridge, curved road, steep slope, and tunnel;
11. On a road without central division line or merely with a single motor vehicle driveway, the motor vehicle overtakes another vehicle ahead through its right side;
12. When turning around at the segment where no signs or line markings indicating No-U-Turn, the motor vehicle does not let the normally running motor vehicle pass first;
13. The motor vehicle makes a U-Turn at the crosswalk, bridge, steep slope and tunnel, as well as at the segment with signs or line markings prohibiting any U-Turn;
14. The motor vehicle slips backwards;
15. The Motor vehicle violating the relevant provisions runs in the special vehicle driveway;
16. The Motor vehicle violating the relevant loading provisions causes the traffic accident by the oversized goods in length, width or height;
17. The Motor vehicle runs against the direction indicated by the traffic signals;
18. The door opening or closing of the motor vehicle leads to the traffic accident;
19. The motor vehicle does not follow the relevant provision to give way when accessing into the main driveway on the road which has main driveway and auxiliary driveway;
20. The motor vehicle running in the auxiliary driveway on the road which has main driveway and auxiliary way does not follow the relevant provision to give way to the motor vehicle exiting from the main driveway;
21. The motor vehicle does not follow the relevant provisions to give way when accessing into, exiting from, or crossing the road;
22. When entering into, exiting out of the parking lots, or parking on the roadside, the motor vehicle impedes the normal passage of other vehicles;
23. When performing maintenance or service task on the road, the motor vehicle does not follow the provisions to set up the yellow indicator light, the danger emergency alarm flash light or the arrow direction light;
24. The Motor vehicle violates the relevant provisions on pulling and drawing
25. The Motor vehicle runs into the road where passage of motor vehicles is prohibited;
26. The motor vehicle does not give way to the non-motor vehicle which is occupying the neighboring motor vehicle driveway to pass the impediment that prevents any passage in the non motor vehicle driveway;
27. The motor vehicle tending to enter into the roundabout does not let the motor vehicle inside pass first;
28. The motor vehicle violating the relevant provisions enters into the high way, city expressway or the closed road;
29. When running in the wrong direction on the road without central line markings or segregation facilities prohibiting the crossing of the road, the motor vehicle is involved in the traffic accident with the pedestrian or vehicle coming from the opposite direction.
30. When passing the intersection controlled by the traffic lights, and meeting the releasing signal, the motor vehicle does not give way to the vehicle released by earlier releasing signal;
31. When passing the intersection without traffic signal lights or command of the traffic policeman, the motor vehicle does not give way to the vehicles with passage priority as prescribed by the traffic signs or traffic line markings;
32. When passing the intersection with no traffic signal lights or command of the traffic policeman, and no traffic signs or traffic line markings prescribing the passage priority, the motor vehicle does not give way to the vehicle coming from the road on the right side;
33. When passing the intersection without traffic signal lights or command of the traffic policeman, the motor vehicle making a turning does not give way to the vehicle going straight;
34. When passing the intersection without traffic signal lights or command of the traffic policeman, and meeting the vehicle coming from the opposite direction, the motor vehicle turning left does not give way to let the vehicle going straight pass first;
35. When passing the intersection without traffic signal lights or command of the traffic policeman, and meeting the vehicle from the opposite direction, the motor vehicle turning right does not give way to let the vehicle turning left pass first;
36.The motor vehicle collides with the lawfully parked or temporarily stopped vehicle;
37. The motor vehicle does not give way to the road-maintenance vehicle or the engineering vehicle performing its task;
38. When meeting the red traffic light, the right turning motor vehicle does not give way to let the released vehicle pass first;
39. When meeting the green traffic light, the motor vehicle making a turning does not give way to the vehicle released for straight going;
40. The motor vehicle does not follow the command of the traffic police to pass;
Art.15 When deciding the liability of the party concerned, Art.13 of the present Regulation should be applied first; if Art.13 is not applicable, Art.14 should be applied;
Art.16 Both parties are under the circumstances described in Art.14 of the present Regulation, but one party who also has the following faulty acts should bear the major liability and the other party bears the minor; When both parties are under the circumstances described in Art. 14 of the present Regulation, and also both parties have the following faulty acts, then both parties should bear the equal liability;
1. Driving the motor vehicle after drinking;
2. Driving the motor vehicle without the driving license;
One party is under the circumstances as described in Art.14 of the present Regulation, but the other party just has the aforesaid faulty acts, then the former bears the major liability and the latter bears the minor.
Art.17 Where a traffic accident caused by faulty acts of three parties or more, Art.13, Art 14 and Art 16 of the present Regulation should be referred to as for the decision of the liability of the parties concerned.
Art .18 The parties concerned should bear the responsibilities of indemnity based on the relevant provisions of laws and regulations.
Art. 19 Where a traffic accident occurs between two parties, neither of whom is in the faults listed by the present Regulation, the two parties concerned may negotiate between themselves on handling the indemnity for the damage and also they may either request traffic administrative department of the public security organ for handling, or directly bring a civil litigation to the people's court;
Art. 20 With regards to the illegal acts on the road traffic safety, the traffic administrative department of the public security organ and its traffic policemen of the districts or counties should impose penalties based on the relevant laws;
Art.21 The present Regulation shall come into force on September 1, 2005 while the Notice of Beijing Municipal Public Security Bureau on Streamlined Handling of Traffic Accidents. (NO.8 in 2004) shall be terminated.
