Article 1 These Regulations are formulated for the purpose of correctly handling road traffic accidents, protecting the legitimate rights and interests of the parties concerned, and educating and punishing those responsible for road traffic accidents.
These measures.
Article 2 Road traffic accidents mentioned in these Measures (hereinafter referred to as traffic accidents) refer to accidents in which drivers, pedestrians, passengers and other people engaged in traffic-related activities on roads violate the Regulations of the People's Republic of China on Road Traffic Management and other road traffic management laws and regulations (hereinafter referred to as illegal acts) and cause personal injuries or property losses due to negligence.
Article 3 Traffic accidents in People's Republic of China (PRC) shall be handled in accordance with the provisions of these Measures. Traffic accidents involving trains, vehicles and pedestrians at railway crossings shall be handled in accordance with the relevant provisions of the State Council.
Article 4 The Ministry of Public Security is the competent authority for handling traffic accidents in the State Council.
Local public security organs at or above the county level are the competent authorities of the people's governments at the same level to deal with traffic accidents within their administrative areas.
Article 5 The duties of public security organs in handling traffic accidents are: handling the scene of traffic accidents, identifying the responsibility for traffic accidents, punishing those responsible for traffic accidents and mediating damages.
Article 6 According to the degree and amount of casualties or property losses, traffic accidents are divided into minor accidents, general accidents, major accidents and extraordinarily serious accidents. Specific standards shall be formulated by the Ministry of Public Security.
Chapter II On-site Handling
Article 7 Vehicles involved in traffic accidents must stop immediately, and the parties concerned must protect the scene, rescue the injured and property (the position should be marked when moving), and immediately report to the public security organ or the traffic police on duty for handling; Drivers and pedestrians of passing vehicles shall give assistance.
Article 8 After receiving the report, the public security organ shall immediately send personnel to the scene to rescue personnel and property, survey the scene, collect evidence and take measures to restore traffic as soon as possible.
Article 9 The parties concerned shall truthfully state the course of a traffic accident to the public security organ, and shall not conceal the real situation of the traffic accident. Other insiders have the obligation to provide relevant information to the public security organs.
Article 10 The traffic police shall have the right to use the means of transport and communication of the unit or individual in case of emergency such as chasing the hit-and-run and rescuing the injured, and return them immediately after use. If damage is caused, it shall be repaired or compensated at a discount.
Article 11 The public security organ shall, according to needs, promptly assign professionals or hire people with specialized knowledge to inspect or appraise the physical and mental conditions of vehicles, articles, corpses, traffic accident parties and relevant road conditions. The inspection or appraisal shall make a written conclusion.
Article 12 The public security organ may, according to the needs of inspection or appraisal, temporarily detain the vehicles involved in traffic accidents or the suspected vehicles, vehicle number plates and relevant certificates of the parties concerned, and return them immediately after inspection or appraisal.
No other unit or individual may detain traffic accident vehicles, vehicle number plates and relevant documents of the parties concerned, nor may they detain the drivers and goods of traffic accident vehicles.
Article 13 If personal injury caused by a traffic accident requires emergency treatment, the parties to the traffic accident and their units or motor vehicle owners shall pay the medical expenses in advance, or the parties designated by the public security organs may pay in advance, and bear the responsibility for the traffic accident after the case is closed. If the person responsible for a traffic accident refuses to pay in advance or cannot pay in advance for the time being, the public security organ may temporarily detain the traffic accident vehicle.
Article 14 Where a motor vehicle traffic accident escape case occurs in the administrative area where the statutory motor vehicle third party liability insurance is implemented, the local China People's Insurance Company shall prepay the medical expenses during the rescue of the injured and the funeral expenses of the deceased.
The People's Insurance Company of China has the right to recover all the money paid in advance from the captured escapee, the unit to which they belong or the owner of the motor vehicle.
Fifteenth medical units should promptly rescue and treat the injured in traffic accidents, and truthfully provide medical documents and diagnosis certificates to the public security organs.
Funeral service units and medical units with mortuary conditions shall accept the storage of traffic accident bodies decided by public security organs.
The public security organ shall assist the above-mentioned units to recover the expenses for rescue treatment and corpse storage. Article 16 After examining or appraising the bodies of traffic accidents, the public security organs shall notify the families of the deceased to handle funeral matters within 10 days. If it is not handled within the time limit, it shall be handled by the public security organ with the approval of the person in charge of the public security organ at or above the county level, and the expenses for storing the body within the time limit shall be borne by the family members of the deceased.
Chapter III Determination of Responsibility
Article 17 After finding out the cause of a traffic accident, the public security organ shall determine the party's responsibility for the traffic accident according to the causal relationship between the illegal behavior of the party and the traffic accident and the role of the illegal behavior in the traffic accident.
If the violation of rules and regulations has a causal relationship with traffic accidents, the parties concerned shall bear the responsibility for traffic accidents. If the parties have no illegal acts or have illegal acts, but there is no causal relationship between the illegal acts and traffic accidents, they shall not bear the responsibility for traffic accidents.
Eighteenth traffic accident responsibility is divided into full responsibility, primary responsibility, equal responsibility and secondary responsibility.
Article 19 If a traffic accident is caused by a party's illegal behavior, the illegal party shall bear all the responsibilities, and the other parties shall not bear the responsibility for the traffic accident.
If a traffic accident is caused by the illegal acts of both parties, the party that plays a greater role in the traffic accident shall bear the primary responsibility, and the other party shall bear the secondary responsibility; Violation of regulations has basically the same function in traffic accidents, and both parties shall bear the same responsibility.
If the illegal acts of three or more parties jointly cause a traffic accident, the responsibility shall be divided according to the role played by their respective illegal acts in the traffic accident.
Article 20 If a party escapes or intentionally destroys, forges the scene or destroys evidence, so that the responsibility for a traffic accident cannot be determined, it shall bear full responsibility.
Twenty-first parties who have the conditions to report the case but fail to report it or fail to report it in time, thus making it impossible to determine the responsibility for traffic accidents, shall bear all the responsibilities.
If the parties concerned fail to report the case or report the case in time, which makes it impossible to determine the responsibility for the traffic accident, they shall bear the same responsibility. However, in the event of a traffic accident between a motor vehicle and a non-motor vehicle or pedestrian, the motor vehicle side bears the primary responsibility, and the non-motor vehicle or pedestrian side bears the secondary responsibility.
Article 22 If a party refuses to accept the determination of traffic accident liability, he may apply to the public security organ at the next higher level for re-determination within 15 days after receiving the confirmation of traffic accident liability; After receiving the application for re-identification, the public security organ at the next higher level shall make a decision to maintain, change or cancel it within 30 days.
Chapter IV Punishment
Twenty-third traffic accidents constitute traffic accidents, criminal responsibility shall be investigated according to law; If it is necessary to investigate the criminal responsibility of motor vehicle drivers, the motor vehicle driving license shall be revoked.
Article 24 If a traffic accident is not serious enough for criminal punishment, it shall be punished in accordance with the Regulations of the People's Republic of China on Road Traffic Management and other road traffic management laws and regulations. If it meets the following first and second items, it shall be detained for more than 10 days and less than 15 days or fined for more than 150 yuan and less than 200 yuan. Those who meet the following third and fourth items shall be detained for not more than ten days or fined not less than fifty yuan but not more than one hundred and fifty yuan; Those who meet the following fifth and sixth items shall be fined fifty yuan or given a warning:
(1) Causing a major accident, and bearing secondary or above responsibilities;
(two) caused a major accident, bear the same responsibility;
(three) caused a major accident, bear secondary responsibility;
(4) Causing a general accident and taking the main responsibility;
(5) Causing an ordinary accident and taking equal responsibility;
(six) causing minor accidents, mainly responsible for traffic accidents.
For the motor vehicle drivers mentioned in Items 1 and 2 of the preceding paragraph, the motor vehicle driving license shall be revoked; Motor vehicle drivers mentioned in Items (3) to (6) of the preceding paragraph shall also be suspended for more than one month and less than six months: Article 25 If a motor vehicle driver commits any of the following acts after a traffic accident, his motor vehicle driver's license shall be revoked:
(1) escape;
(2) Destroying or forging the scene or destroying evidence;
(3) Concealing the truth of traffic accidents;
(4) framing others;
(5) Other bad behaviors.
Article 26 The revocation of motor vehicle driving license shall take effect as of the date of ruling. If a motor vehicle driver's license is revoked, it shall not re-apply for a motor vehicle driver's license within two years.
Article 27 When a public security organ punishes a person responsible for a traffic accident, it shall make an award and deliver it to the party concerned, the work unit of the person being punished and the vehicle management department of the motor vehicle driver being punished.
Twenty-eighth if a party refuses to accept the punishment, it may apply for reconsideration to the public security organ at the next higher level within fifteen days after receiving the punishment award; The public security organ at the next higher level shall make a reconsideration decision within 30 days after receiving the application for reconsideration. If a party refuses to accept the reconsideration decision, he may bring an administrative lawsuit to the people's court within 15 days after receiving the reconsideration decision.
Twenty-ninth soldiers and armed police shall be given the punishment of withholding or revoking the motor vehicle driver's license and handed over to the army and armed police forces. The army and the armed police force shall promptly notify the public security organs that handle traffic accidents of the implementation.
Chapter V Mediation
Article 30 When handling a traffic accident, the public security organ shall, after finding out the cause, responsibility and loss of the accident, call the parties concerned and relevant personnel for mediation. Article 31 The person responsible for a traffic accident shall be liable for the losses caused by the traffic accident. If the motor vehicle driver who is liable for compensation is temporarily unable to pay compensation, the driver's unit or the motor vehicle owner shall be responsible for paying in advance. However, if a motor vehicle driver is responsible for a traffic accident while performing his duties, the unit to which the driver belongs or the owner of the motor vehicle shall be liable for compensation; After the driver's unit or the owner of the motor vehicle compensates for the losses, it may recover part or all of the expenses from the driver.
Article 32 The mediation period for damages is 30 days, and the public security organ may extend it by 15 days when it deems it necessary. For injuries caused by traffic accidents, mediation shall be started from the date of the end of treatment or disability; If a traffic accident causes death, mediation shall begin from the date when the time for handling the funeral ends; If a traffic accident only causes property losses, mediation shall begin from the date of determining the losses.
Article 33 If an agreement is reached through mediation, the public security organ shall prepare a mediation document, which shall be signed by the parties concerned, relevant personnel and the mediator and come into effect after being sealed by the public security organ. The public security organ shall send the conciliation statement to the parties and relevant personnel respectively. If no agreement is reached at the expiration of the mediation period, the public security organ shall make a mediation conclusion, which shall be signed by the mediator and stamped with the seal of the public security organ, and sent to the parties and relevant personnel respectively.
Thirty-fourth mediation fails to reach an agreement or any party fails to perform after the mediation book comes into effect, the public security organ
If mediation is no longer conducted, the parties may bring a civil lawsuit to the people's court.
Chapter VI Compensation for Damage
Article 35 The person responsible for a traffic accident shall bear the corresponding liability for damages according to the traffic accident liability.
Article 36 The items of damages include: medical expenses, lost time, hospital food subsidies, nursing expenses, living allowances for the disabled, appliances expenses for the disabled, funeral expenses, death compensation, living expenses of dependents, transportation expenses, accommodation expenses and direct property losses. The compensation items specified in the preceding paragraph shall be determined according to the actual situation, and the expenses shall be settled in one lump sum.
Article 37 The standard of damages shall be calculated according to the following provisions:
(1) medical expenses: calculated according to the expenses necessary for the hospital to treat the traffic accident injuries of the parties concerned, and paid according to the facts. If it is really necessary to continue treatment after the case is closed, it shall be paid according to the necessary treatment expenses.
(2) Lost time: if the party concerned has a fixed income, it shall be calculated according to the fixed income reduced by the lost time, and if the income exceeds three times the average living expenses in the place where the traffic accident occurred, it shall be calculated according to three times; If there is no fixed income, it shall be calculated according to the average income of the state-owned industry where the traffic accident occurred.
(3) Hospitalization food allowance: calculated according to the standard of food allowance for the staff of state organs in the place where the traffic accident occurred.
(4) Nursing expenses: If the nursing staff has income during the hospitalization of the injured, it shall be calculated according to the provisions on lost time; If there is no income, it shall be calculated according to the average living expenses of the place where the traffic accident occurred.
(5) Living allowance for the disabled: calculated according to the level of disability and the average living expenses in the place where the traffic accident occurred. Since the month of disability, compensation for 20 years. However, for those over 50 years of age, the age will be reduced by one year for each additional year, with a minimum of not less than ten years; For those over 70 years of age, it shall be counted as five years.
(6) Disability appliance fee: if it is necessary to prepare an appliance with compensation function due to disability, it shall be calculated according to the cost of popular appliances with the hospital certificate.
(7) Funeral expenses: Pay according to the funeral expenses standard of the place where the traffic accident happened.
(8) Death compensation: calculated according to the average living expenses of the place where the traffic accident occurred, the compensation will be ten years. Under the age of sixteen, the age is reduced by one year for each year lower; For those over 70 years old, the age will decrease by one year for each additional year, with a minimum of five years.
(9) Living expenses of dependents: only those who were actually supported by the deceased or disabled before they lost their ability to work and had no other source of income, and calculated according to the subsidy standard for residents living in the place where the traffic accident occurred. Bring up people under sixteen to sixteen. For those who have been unable to work for 20 years, but have reached the age of 50, their age will decrease by 1 year, with a minimum of 1 year; For those over 70 years of age, it shall be counted as five years. Support other dependents for five years.
(10) Transportation expenses: calculated according to the necessary expenses actually incurred by the parties concerned, and paid by credentials.
(1 1) Accommodation fee: calculated according to the accommodation fee standard for ordinary staff of state organs in the place where the traffic accident occurred, and paid according to the credentials.
Article 38 The transportation expenses, lost time expenses and accommodation expenses needed to deal with the relatives of the parties involved in a traffic accident shall be calculated with reference to the provisions of Article 37 and shared according to the responsibilities of the parties involved in the traffic accident, but the number of people who calculate the expenses shall not exceed three.
Thirty-ninth traffic accident disabled people need hospitalization, transfer or nursing, should hold a hospital certificate, and with the consent of the public security organs. Those who are hospitalized without authorization, transferred to other hospitals, used nursing staff, purchased medicines at their own expense, or refused to leave the hospital after the discharge date notified by the hospital, the expenses shall be borne by the disabled.
Fortieth vehicles, articles and facilities damaged by traffic accidents should be repaired. If it can't be repaired, it should be compensated at a discount. Livestock that lose their use value or die of injury shall be compensated at a discount. Article 41 If it constitutes a traffic accident crime and causes losses to the state and collective property, the public security organ shall put forward compensation opinions according to the responsibility of the traffic accident victim, and transfer it to the people's procuratorate along with the case, and bring an incidental civil lawsuit according to law. If a citizen suffers material losses due to the crime of causing traffic accidents committed by others, he may bring an incidental civil action according to law. Chapter VII Other Provisions
Forty-second parties to a traffic accident who are disabled due to injury may apply to the public security organ for disability appraisal within 15 days after the end of treatment. The public security organ shall, according to the hospital certificate and the Ministry of Public Security's road traffic accident disability assessment standard, assess the disability level within 30 days after receiving the application for disability assessment. Both sides' assessment of disability
If you are not satisfied, you can apply to the public security organ at the next higher level for re-appraisal within fifteen days after receiving the appraisal book. The public security organ at the next higher level shall make a re-evaluation decision within 30 days after receiving the application for re-evaluation.
Article 43 If an employee dies or loses the ability to work due to a traffic accident, it shall be dealt with in accordance with the provisions of these Measures, and the unit where the employee works shall also give him pension and labor insurance benefits in accordance with the provisions of the relevant departments.
Forty-fourth motor vehicles and non-motor vehicles, pedestrians, traffic accidents, resulting in the death or serious injury of the other party, the motor vehicle side is not at fault, it should share the economic losses of the other party 10%. However, according to 10%, if the compensation amount exceeds the ten-month average living expenses of the place where the traffic accident occurred, it shall be paid according to the ten-month average living expenses. Unless non-motor vehicles or pedestrians intentionally hurt themselves or enter the expressway to cause damage. Forty-fifth road traffic accidents or property losses, after investigation by the public security organs can not be confirmed to be caused by any party's illegal behavior, the parties to the damage compensation dispute may bring a civil lawsuit to the people's court.
Forty-sixth public security organs can collect traffic accident handling fees from those responsible for major and extraordinarily serious accidents.
Traffic accident handling fees shall be turned over to the financial department. The charging method shall be formulated separately by the Ministry of Public Security in conjunction with relevant departments. Article 47 The public security organ shall commend or reward those who have rendered meritorious service in reporting and assisting in the investigation and punishment of traffic accident and escape.
Chapter VIII Supplementary Provisions
Article 48 The meanings of the following terms in these Measures are:
(1) "Road" and "vehicle" refer to the roads and vehicles mentioned in Articles 2 and 3 of the Regulations of the People's Republic of China on Road Traffic Management.
(two) "fixed income", including non-agricultural population with fixed income and agricultural population with fixed income. Non-agricultural population with fixed income refers to those who receive income from state organs, enterprises, institutions, social organizations and other units on schedule, and their income includes wages, bonuses and subsidies and allowances stipulated by the state.
The bonus is calculated according to the per capita bonus of the unit where the traffic accident occurred in the previous year. If the bonus tax exceeds the threshold, it shall be limited to the threshold. The fixed income of the agricultural population refers to the employees directly engaged in agriculture, forestry, animal husbandry and fishery, and their income is calculated according to the per capita annual net income of the labor force in the place where the traffic accident occurred.
(3) "No fixed income" refers to people who have the certificates of neighborhood offices and township people's governments or relevant vouchers, engaged in some kind of labor before the traffic accident, and their income can maintain a normal life, including urban and rural individual industrial and commercial households and family laborers.
(4) "No income" means that my source of life is mainly or completely dependent on the supply of others, or I occasionally have a small amount of income, but it is not enough to maintain a normal life.
(5) "The place where the traffic accident happened" refers to the province, autonomous region or municipality directly under the Central Government where the traffic accident happened. (6) "Average living expenses" refers to the per capita living expenses of urban households or the per capita living consumption expenditure of peasant households published by the statistics department of the people's government where the traffic accident occurred.
Article 49 The Ministry of Public Security shall be responsible for the interpretation of these Measures.
Article 50 These Measures shall come into force as of 1992 1 month 1 day. Traffic accidents that occurred before the implementation of these Measures shall still be handled according to the original local regulations.