Three Eye-catching Improvements on Road Traffic Safety Law

  According to the statistics provided by Traffic Administration Bureau attached to Ministry of Public safety, the number of the total road traffic accidents from the January to April in 2003 was 448535, with the death of 66180 persons. 270 people died from traffic accidents and 330331 were injured per day. The frequent traffic accident, endangering each person’s safety of life and property, has become a serious problem in China’s society. On October 28th, 2003, Road Traffic Safety Law of People’s Republic of China was enacted by Standing Committee of the National People’s Congress, in order to change the seriously deteriorating situation, maintain the order of road traffic, and prevent and reduce traffic accidents. Some improvement in this law is worth attention.

1. Denial of "shouldering no duties after running others down", and establishment of "saving people first after traffic accidents"
The disposal methods on road traffic accidents of pedestrians and motor vehicles stipulated by a certain city in Dongbei Province on August 30th, 1999 adopted the principle of "if a pedestrian is run down by a motor vehicle because of his/her crossing streets without walking on the zebra crossing, the pedestrian instead of the motor vehicle shall shoulder the responsibilities on the condition that the motor vehicle has no violation of the traffic regulation". Afterwards, other provinces and cities followed the lead. The establishment of the principle aimed at reprimanding pedestrians who do not obey the traffic rules so as to reducing the phenomenon of traffic jam. However, some members of NPC Standing Committee proposed that most of the Chinese civilians have not insurance against personal accident injury, and law shall protect the rights and interests of the weak to incarnating the care and love for life. This Road Traffic Safety Law in the end adopted the doctrine of presumptive wrongs. Therefore, the motor vehicle shall take the responsibility if an traffic accident happens between a motor vehicle and a non-motor vehicle or between a motor vehicle and a pedestrian. However, if there exists any evidences that the driver of the non-motor vehicle or the pedestrian violates the laws or regulations on traffic safety, with necessary measures taken by the driver of the motor vehicle, the responsibility of the motor vehicle shall be abated. If the loss resulted from the traffic accident is caused by the non-motor vehicle or pedestrian deliberately, the motor vehicle shall not shoulder any responsibilities.
After a traffic accident, the vehicle's driver shall immediately save the injured persons. Having arrived at the spot, the traffic policemen shall organize the salvage of injured ones. Medical treatment institutions shall not delay curing because the salvage expense are not paid promptly, which will change the situation that medical treatment institutions close the door on injured persons due to their worry of not managing to take back the medical treatment expenses. In addition, the regulation on salvage expenses is definitely stipulated in this law. If the trouble-making vehicle has had compulsive insurance of the third-party responsibility for motor vehicles, the salvage expenses shall be paid by the insurance company within the scope of liability quota. On the condition that the salvage expense exceeds the liability quota, the trouble-making vehicle hasn't had compulsive insurance of the third-party responsibility for motor vehicles, or the troublemaker escapes, the social salvation fund for road traffic accidents will prepay some or all of the salvage expenses. The social salvation fund for road traffic accidents has the right of recourse to the person liable for the traffic accident.

2.To maintain interests of vehicle owners, no expenses being charged against trailing vehicles any longer
The vehicle owners were always complaining about policemen's trailing vehicles. Sometimes when owners parked their vehicles in the place without any no-parking signs or with unobvious sign, the vehicles were trailed away in the end. Sometimes the owners were not noticed of their vehicles having been trailed away, thus, these owners of vehicles did not know where to get their vehicles back. Occasionally, the brutal operation in the process of trailing vehicles resulted in the impairment of the trail-away vehicles. Besides, the fee for trailing cars was quite high, which peremptorily became a method of increasing incomes for certain departments and certain people. Aiming at solving this situation, it is stipulated in the Road Traffic Safety Law that if the parking of a vehicle is against laws and regulations, oral warning can be adopted to order the vehicle driven away immediately. On the condition that the driver is not on the spot, or although he/she is on the spot, his/her refuse of driving away promptly hampers the passes of other vehicles or pedestrians, he/she shall be fined more than 20 yuan and less than 200 yuan, and his/her vehicle can be trailed away. However, the traffic administration department of the safe public organs shall not charge any expenses to the part concerned, and shall inform the person the parking place of his/her vehicle in time. If the motor vehicle is impaired by the incorrect way of trailing, the liability of compensation shall be shouldered according to the relevant laws and regulations.

3. The path especially for the blind established in cities, showing humanistic care
It is stipulated in the thirty-third article of the Revolution Draft of the Road Traffic Safety Law for the Third Review that the zebra crossing shall be lined out and suggestive signs shall be set up where there are no street-crossing facilities in front of middle schools, primary schools, kindergartens, hospitals, rest homes. Some members of NPC Standing Committee proposed that the special path for the blind shall be set up on the pavements in large-size and middle-size cities, to embody the legal care and love for the handicapped. The above-mention suggestion was adopted in this law. It is regulated in the second section of Article 34 that the path for the blind shall be set up according to the programming on the pavements of cities' main roads. The setup of the paths for the blind shall accord with corresponding standards.

  After 10-year argument and 4-time reviews, the Road Traffic Safety Law is enacted at last. However, we cannot hope extravagantly that a law can immediately change China's large number of traffic accidents. Only with the collective efforts of the whole society, can each person walks on the street without fear, and can the number of people dead from traffic accidents be reduced.

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