Regulations of Hangzhou Municipality on the Administration of Road Traffic Safety Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Road Traffic Safety Law of the People's Republic of China (hereinafter referred to as the Road Traffic Safety Law). The Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China (hereinafter referred to as the Regulations for the Implementation of the Road Traffic Safety Law) and the Measures for the Implementation of the Road Traffic Safety Law of the People's Republic of China in Zhejiang Province (hereinafter referred to as the Measures for the Implementation of the Road Traffic Safety Law in Zhejiang Province) are combined with the actual situation of this Municipality.
Article 2 Vehicle drivers, pedestrians, passengers, and units and individuals related to road traffic activities within the administrative area of this Municipality shall abide by the Road Traffic Safety Law, the Regulations for the Implementation of the Road Traffic Safety Law, the Provincial Measures for the Implementation of the Road Traffic Safety Law and these Regulations.
Article 3 People's governments at all levels shall incorporate road traffic safety accident hidden danger management, social assistance for road traffic accidents, road traffic safety publicity and education, road intelligent traffic construction and road traffic safety facilities construction into road traffic safety management planning, and the required funds and finances shall be guaranteed according to regulations.
Article 4 The traffic administrative department of the public security organ at or above the county level and the traffic administrative department of the public security organ at the same level shall be responsible for the road traffic safety management within their respective jurisdictions.
Construction, planning, transportation, environmental protection, urban management, education, agriculture (agricultural machinery), industry and commerce, quality and technical supervision, safety supervision, urban management and law enforcement and other departments shall, according to their respective responsibilities, do a good job in road traffic-related work.
Article 5 Road traffic safety coordinators employed by people's governments at or above the county level shall assist the traffic police in maintaining road traffic order under the organization and command of the traffic police.
Encourage units and individuals to provide road traffic safety volunteer services under the unified organization of the traffic management department of the public security organ and the volunteer service management institution at the same level, assist the traffic police in maintaining road traffic order, and publicize the laws and regulations on road traffic safety.
Article 6 The traffic administrative department of the public security organ shall publish road traffic safety management announcements and illegal information on road traffic safety through newspapers, internet, radio and television, and provide road traffic safety consultation and other information that should be disclosed according to law.
Seventh newspapers, Internet, radio and television and other media should strengthen the publicity of road traffic safety laws and regulations, broadcast road traffic safety management information, and carry out road traffic safety public welfare publicity.
Chapter II Vehicles and Drivers
Article 8 The traffic administrative department of the public security organ may control the road traffic flow of motor vehicles according to the road traffic conditions and the number of motor vehicles.
Article 9 Motor vehicles shall meet the national and provincial standards for the discharge of motor vehicle pollutants. Do not meet the vehicle pollutant emission standards, the traffic administrative department of the public security organ shall not issue inspection marks.
The traffic management department of the public security organ may, according to the road traffic conditions and the need to prevent and control the exhaust pollution of motor vehicles, take traffic management measures to limit the area and travel time of motor vehicles that implement the management of environmental protection signs. Specific measures shall be formulated by the traffic administrative department of the public security organ in conjunction with the administrative department of environmental protection, and shall be implemented after being approved by the people's government at the same level.
Article 10 Where a unit or individual uses a motor vehicle that is not registered in this Municipality to engage in road operation, or recruits a driver with a driver's license issued by this Municipality to engage in motor vehicle driving, it shall, within five days from the date of use and recruitment, file a record with the traffic management department of the local county-level public security organ.
Eleventh units and individuals selling non-motor vehicles shall, within fifteen days from the date of obtaining the business license, file with the traffic management department of the local county-level public security organ, and regularly file the sales of non-motor vehicles with the traffic management department of the public security organ.
The production and sale of electric bicycles shall conform to the national technical standards.
Twelfth human tricycles, electric bicycles, motorized wheelchairs for the disabled on the road shall be registered in accordance with the provisions and hang the vehicle number plate. When driving on the road, the driver shall carry the driving license and keep the vehicle number plate correct, clear and complete. If the number plate and driving license of a motor vehicle are lost or damaged, the owner of the motor vehicle shall bring his identity certificate and the vehicle, and apply to the traffic management department of the public security organ for a replacement in time.
No unit or individual may commit any of the following acts:
(1) changing the registered structure, structure or characteristics of non-motor vehicles without authorization;
(2) Altering or removing the speed-limiting device of the electric bicycle;
(3) Forging, altering or using forged or altered non-motor vehicle number plates and driving licenses;
(4) Using the license plate and driving license of other vehicles.
Thirteenth vehicles or machines that have not been registered by the traffic administrative department of the public security organ according to law are not allowed to drive on the road, except those that do not need to be registered according to laws and regulations.
Article 14 It is forbidden to install and use photoelectric equipment, tweeters, high-power stereos, variable number plates or other devices that hinder traffic safety on vehicles, except as otherwise provided by laws and regulations.
Chapter III Road Traffic Conditions
Fifteenth city and county (city) people's governments should encourage and give priority to the development of public transportation, strengthen the research of slow traffic system, and ensure the safety, smoothness and convenience of public travel.
Article 16 If the pipelines, lighting facilities or planting plants set on both sides of the road and the isolation belt are damaged, the lighting is insufficient, and traffic lights and traffic signs are blocked, the departments of transportation, construction, urban management, electric power, greening, communication and other road operation and maintenance units shall promptly repair or eliminate them.
Installation of pipelines, public service billboards (columns), banners and other facilities across roads shall not block street lamps, traffic lights and traffic signs, and shall not hinder the safe sight distance or affect traffic.
Seventeenth road operation units and workers in road maintenance, maintenance, cleaning, greening and other operations, should be in accordance with the road operation standards to implement traffic safety protection measures. Workers should wear eye-catching safety protective clothing and use vehicles sprayed or pasted with reflective materials.
Road operation units operating in elevated roads and tunnels shall operate in accordance with the operation plan agreed by the traffic management department of the public security organ.
If the municipal facilities attached to the road fail and need emergency repair, the construction unit can make emergency repair first, and report to the traffic management department of the public security organ and the relevant competent departments at the same time, and go through the relevant licensing procedures in accordance with the regulations.
Eighteenth expressway business units should maintain the facilities on the expressway in good condition, maintain the normal operation of the facilities, timely release traffic safety warning information, and clean up the faulty vehicles or traffic accidents and other obstacles that affect road traffic safety.
When the traffic management department of the public security organ implements traffic control on the expressway, the expressway business unit shall cooperate with it.
Nineteenth city, county (city) people's government according to the needs of road traffic safety and sightseeing in tourist areas, can set up tour routes for sightseeing vehicles in tourist areas.
Twentieth to encourage state organs, enterprises and institutions, residential areas to take the wrong parking and other ways to open their parking lots (garages) to the public.
Encourage units and individuals to invest in the construction of public parking lots (garages), and implement the principle that whoever invests will benefit.
The planning and construction of parking lots (garages) shall conform to the road traffic conditions, meet the parking demand of vehicles and improve the utilization efficiency of parking lots (garages). Parking management measures shall be formulated separately by the Municipal People's government.
Twenty-first in the case of not affecting the passage of pedestrians and vehicles, the traffic administrative department of the public security organ in conjunction with the relevant administrative departments can delimit parking spaces within the scope of urban roads.
In any of the following circumstances, the designated parking space shall be removed:
(a) the parking space has affected the passage of pedestrians and vehicles;
(two) the parking lot (garage) around the road can meet the parking demand.
Twenty-second blind roads and sidewalks should be kept safe and smooth. No unit or individual may occupy or damage blind roads and their supporting facilities, and may not damage or occupy sidewalks or non-motor vehicle lanes without authorization, except as otherwise provided by laws and regulations.
Chapter IV Road Traffic Regulations
Article 23 The roads in Shangcheng District, Xiacheng District, Xihu District, Gongshu District, Jianggan District and Binjiang District of this Municipality prohibit the passage of fuel mopeds, motor tricycles, operating human tricycles and other vehicles specified by the traffic management department of the municipal public security organ.
Xiaoshan District, Yuhang District and county (city) need to make a decision to prohibit the passage of vehicles specified in the preceding paragraph, which shall be decided by the traffic management department of the district and county (city) public security organ and reported to the people's government at the same level and the traffic management department of the municipal public security organ for the record.
Twenty-fourth vehicles and pedestrians passing through the intersection controlled by traffic lights, when there is a release signal, they should give priority to the vehicles or pedestrians that have been released first. When the traffic light is yellow, vehicles that have not crossed the stop line are not allowed to pass, and vehicles that have crossed the stop line can continue to pass.
At the intersection with direction indicator light and waiting area, vehicles going straight or turning left should enter the waiting area in turn and wait according to the prompt signal.
Twenty-fifth motor vehicle owners, managers and drivers shall abide by the following provisions:
(a) shall not lend or use other people's motor vehicle driver's license;
(two) shall not enter the non motor vehicle lanes and sidewalks in violation of regulations;
(3) Motor vehicles carrying goods shall prevent the goods from falling off, leaking or scattering during driving;
(4) In Tuo Dou, no tractor is allowed to haul goods;
(5) Full trailers and motor vehicles loaded with dangerous goods shall not tow faulty motor vehicles;
(six) wheeled special mechanical vehicles on the road, should be in accordance with the time and route designated by the traffic management department of the public security organ.
Twenty-sixth motor vehicles should turn on the headlights, position lights and rear position lights when driving at night; When driving at night with good street lighting, be sure not to turn on the high beam.
When a motor vehicle stops temporarily, it should be close to the right side of the road and turn on the danger warning flash or the right turn signal.
Twenty-seventh passenger taxi can temporarily stop in front of the bus stop sign, but it is not allowed to stop on the way, provided that it does not hinder the bus from entering and leaving the station and stopping.
The school bus and unit shuttle bus that pick up and drop off employees shall temporarily stop at the place designated by the traffic management department of the public security organ to get on and off passengers.
Twenty-eighth city public * * * passenger vehicles in and out of the site, should be parked in a single row on one side of the site. If you can't get into the station temporarily, you should wait in a single row in the rightmost lane.
Twenty-ninth urban public passenger vehicles engaged in urban and rural passenger transport in and out of the central city should follow the route designated by the transportation department and stop at the designated place. The traffic department shall solicit the opinions of the traffic administrative department of the public security organ when determining the driving route and parking place.
Article 30 If a motor vehicle breaks down on an elevated road, the driver shall move the motor vehicle to the fairway or drive away from the nearby elevated road; If it is impossible to drive normally, in addition to using warning lights and setting warning signs in accordance with the regulations, it should also report to the police quickly and request rescue vehicles and wreckers to tow the faulty vehicles, and the personnel on board should not move or stay in the driving lane.
Thirty-first sightseeing bus in the tourist area should drive within the set sightseeing route on the premise of ensuring safety, and pay attention to avoid other vehicles and pedestrians.
Encourage tourists to transfer to urban public transport vehicles and sightseeing bus to enter tourist areas, and relevant functional departments shall provide convenience for vehicle transfer.
Thirty-second non-motor vehicle drivers shall abide by the following provisions:
(a) at night or in case of fog, rain, snow, hail, dust and other low visibility conditions, driving electric bicycles and motorized wheelchairs for the disabled should turn on the lighting;
(2) When entering the roundabout, you should drive in the direction indicated by the traffic signal and let the vehicles already at the intersection go first;
(3) Do not drive a non-motor vehicle to engage in business activities;
(four) shall not be disabled motorized wheelchairs to non lower limb disabled driving;
(five) driving an electric bicycle shall not exceed the speed prescribed by the state.
Chapter V Prevention of Traffic Accidents
Article 33 The municipal, district and county (city) people's governments shall, in accordance with the principles of preventing and reducing traffic accidents and ensuring safe and smooth road traffic, organize the formulation of emergency plans to deal with natural disasters, bad meteorological conditions, environmental pollution and other emergencies that affect road traffic safety.
Public security, transportation, environmental protection, health, urban management and other departments shall formulate specific implementation plans for their own departments according to emergency plans. In case of any situation specified in the emergency plan, all relevant departments should immediately start the emergency plan, cooperate closely, communicate and feedback information in time.
Thirty-fourth state organs, enterprises and institutions, social organizations and other organizations shall establish and implement the road traffic safety management responsibility system of their own units, and abide by the following provisions:
(1) Educate the personnel of this unit to abide by the laws and regulations on road traffic safety, and establish the system of daily use, maintenance, repair and inspection of motor vehicles in this unit;
(two) to hire a driver to drive a motor vehicle, it shall review the driving qualification and road traffic safety training;
(three) accept the traffic safety supervision and inspection of the traffic management department of the public security organ.
Road transport business units shall be responsible for traffic safety by their legal representatives. In addition to complying with the provisions of the preceding paragraph, traffic safety personnel shall be provided to ensure traffic safety investment and improve traffic safety conditions.
Chapter VI Law Enforcement Supervision
Article 35 The traffic administrative department of the public security organ shall establish an assessment system for road traffic safety law enforcement responsibility, and strengthen the supervision of traffic police's law enforcement behavior.
Article 36 The traffic administrative department of the public security organ and its traffic police shall enforce the law fairly, strictly and civilly, and shall not abuse their powers, neglect their duties, engage in malpractices for selfish ends, accept bribes or make things difficult for the other party in road traffic safety management.
Chapter VII Legal Liability
Article 37 The traffic administrative department of the public security organ and its traffic police shall promptly correct the illegal acts of road traffic safety, and punish them in accordance with the provisions of the Road Traffic Safety Law, the Regulations for the Implementation of the Road Traffic Safety Law, the Measures for the Implementation of the Road Traffic Safety Law in the Province and these Regulations. However, if the violations of road traffic safety listed in this chapter are minor and have not affected road traffic, they should be pointed out and given a verbal warning before release.
If the system of relatively centralized administrative punishment power is implemented according to law, it shall be implemented in accordance with the provisions of relatively centralized administrative punishment power.
Thirty-eighth in violation of the provisions of this Ordinance, under any of the following circumstances, the traffic administrative department of the public security organ shall give a warning or impose a fine of not less than five yuan but not more than fifty yuan:
(a) at night or in case of fog, rain, snow, hail, dust and other low visibility conditions, driving electric bicycles, motorized wheelchairs for the disabled do not turn on the lighting;
(2) intentionally obstructing or defacing the number plate of a non-motor vehicle;
(3) Altering or removing the speed-limiting device of the electric bicycle;
(four) driving an electric bicycle, a human tricycles or a motorized wheelchair for the disabled without a driver's license;
(five) the wheelchair for the disabled is driven by a non-lower limb disabled person.
In case of items (2) and (3) of the preceding paragraph, the traffic administrative department of the public security organ shall detain the vehicle until it is restored to its original state. In the case of Item (4) of the preceding paragraph, the traffic administrative department of the public security organ shall detain the vehicle until the party concerned provides the corresponding legal proof.
Thirty-ninth in violation of the provisions of this Ordinance, driving an electric bicycle faster than the speed prescribed by the state, the traffic administrative department of the public security organ shall impose a fine of fifty yuan.
Fortieth motor vehicle drivers in any of the following circumstances, the traffic administrative department of the public security organ shall impose a fine of fifty yuan:
(a) do not use the lights in accordance with the provisions;
(two) passenger taxis, school buses and buses are not required to stop temporarily;
(three) the city public passenger vehicles do not stop in accordance with the provisions;
(four) vehicles engaged in passenger transport between urban and rural areas do not follow the designated route or stop to get on and off passengers.
Motor vehicle drivers in any of the following circumstances shall be fined one hundred yuan by the traffic administrative department of the public security organ:
Lending or using another person's motor vehicle driver's license;
(two) the use of non tractor traction freight in Tuo Dou;
(3) towing a faulty motor vehicle or a motor vehicle carrying dangerous goods with a trailer;
(four) the wheeled special mechanical vehicle does not travel according to the specified time and route;
(five) transfer in violation of regulations;
(6) Failing to move the motor vehicle to the guide line or leave the vicinity of the elevated road when the elevated road fails;
(seven) sightseeing bus does not follow the designated sightseeing route or avoid other vehicles and pedestrians.
If a traffic accident is caused by any of the circumstances in the first and second paragraphs, a fine shall be imposed on 200 yuan. In case of item (1) of the second paragraph, the traffic administrative department of the public security organ shall detain the motor vehicle driver's license until a decision on punishment is made. In the case of item (2) of the second paragraph, the traffic administrative department of the public security organ shall detain the vehicle until it is restored to its original state.
Article 41 If a unit or individual, in violation of the provisions of Article 10 of these regulations, uses a motor vehicle that is not registered in this Municipality to engage in road operation, or recruits an unregistered driver with a driver's license in this Municipality to engage in motor vehicle driving, the traffic control department of the public security organ shall order it to make corrections within a time limit, and if it fails to make corrections within the time limit, it shall be fined from 500 yuan to 2,000 yuan.
Forty-second in violation of the provisions of the eleventh paragraph of this Ordinance, the sale of non-motor vehicles is not filed according to the provisions, and the traffic management department of the public security organ shall order it to make corrections within a time limit. If no correction is made within the time limit, a fine of more than 200 yuan 1000 yuan shall be imposed.
In violation of the provisions of the second paragraph of Article 11 of these regulations, the production and sale of electric bicycles that do not meet the national technical standards shall be punished by the relevant departments according to law.
Article 43 Whoever, in violation of the provisions of Article 13 of these regulations, drives a vehicle or machinery that has not been registered according to law on the road shall be fined by the traffic administrative department of the public security organ from 20 yuan to 200 yuan, and the vehicle or machinery shall be detained until the party concerned provides the corresponding legal documents.
Article 44 Whoever, in violation of the provisions of Article 14 of these regulations, installs or uses devices that hinder traffic safety on vehicles shall be forcibly removed by the traffic administrative department of the public security organ, and shall be confiscated, with a fine of 200 yuan for motor vehicle drivers and 50 yuan for non-motor vehicle drivers; If it is the responsibility of the vehicle owner or manager, the vehicle owner or manager shall be punished.
Article 45 If, in violation of the provisions of the second paragraph of Article 16 of these regulations, pipelines, public service billboards (columns), banners and other facilities are set up on the road to block street lamps, traffic lights and traffic signs, thus obstructing the safe sight distance or affecting road traffic, the traffic administrative department of the public security organ shall order the setters to clear the obstruction; Those who refuse to implement it shall be fined not less than 500 yuan but not more than 2,000 yuan, and the obstacles shall be forcibly removed, and the expenses shall be borne by the setters.
Forty-sixth road business units or operators who violate the provisions of Article 17 of these regulations and affect road traffic safety shall be ordered by the traffic administrative department of the public security organ to stop the illegal act and may be fined from 500 yuan to 2,000 yuan.
Forty-seventh in violation of the provisions of article thirty-fourth, did not establish and implement the responsibility system for road traffic safety management, or in violation of the provisions of the implementation of the responsibility system for road traffic safety management, the traffic management department of the public security organ shall order it to make corrections within a time limit. If no correction is made within the time limit, the unit shall be fined more than 5,000 yuan 1 10,000 yuan, and the directly responsible person in charge shall be fined more than 1000 yuan and less than 3,000 yuan.
Article 48 Anyone who, in violation of the provisions of Article 23 of these regulations, drives a fuel moped, motorcycle, human tricycles and other vehicles as stipulated by the traffic administrative department of the public security organ, the traffic administrative department of the public security organ may detain the vehicle and deal with it in accordance with the provisions of the preceding paragraph, and impose a fine of not less than 20 yuan but not more than 50 yuan on the driver.
Vehicles detained in accordance with the provisions of the preceding paragraph shall be purchased, replaced or consigned back to their original places by the people's governments of cities, districts and counties (cities). The relevant expenses of consignment shall be borne by the owner. The license originally issued by the relevant municipal departments shall be cancelled by the original issuing department according to law. Those who fail to accept the purchase, replacement or consignment within the time limit shall be disposed of by the traffic administrative department of the public security organ according to law.
Forty-ninth driving a motor vehicle or a non-motor vehicle to engage in illegal operations shall be punished by the road transport management institution, and the public security organ shall cooperate. The specific measures shall be formulated separately by the Municipal People's Government.
Chapter VIII Supplementary Provisions
Fiftieth tractors on the road, by the agricultural (agricultural machinery) management department in accordance with the provisions of Article 10 of these regulations, the exercise of public security organs traffic management authority.
Article 51 The number mentioned in these Regulations includes this number.
The fifty-second of this Ordinance since May 6, 2008. The Regulations of Hangzhou Municipality on Road Traffic Management shall be abolished at the same time.
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