No clear statement
Chen Jinxue, a lawyer in Guangdong province, said the yellow light should just be a reminder for drivers to slow down and prepare to stop, rather than a signal to stop the car immediately. "It's not the matter of whether the punishment is too severe or not, but whether drivers should be punished," he said.
Chapter four of the Law of the People's Republic of China on Road Traffic Safety, adopted in December 2007, stipulates the operation of traffic lights for motorized and non-motorized vehicles. A green light mean vehicles are allowed to proceed, but vehicles in the act of turning must not interfere with the normal traffic flow or pedestrians crossing the road. A yellow light means vehicles that have already passed the stop line may continue on their way. And a red light means all vehicles must stop.
"The law doesn't make a clear statement about whether drivers who haven't passed the stop line and continue while the yellow light is showing should be punished or not," said Chen. "In that case, drivers who have been punished can apply for an administrative review or appeal because there is an important principle whereby a law that doesn't specifically prohibit an action cannot result in prosecution if that action is undertaken."
He said that all three lights should have distinct roles. "If crossing the stop line when the yellow light is on results in punishment, then there is no difference in function between red and yellow lights, which makes the law difficult to apply."
Chen admitted that he had run yellow lights several times in Guangzhou, but believed the new regulations could result in a greater number of accidents.
Before a green light changes to yellow, pedestrians and cars traveling in the opposite direction are stationery but ready to move. "It takes time for them to accelerate, so they have more time to deal with the traffic conditions. But when drivers traveling at high speed attempt to slow down, the timeframe is limited and it's easier to cause rear-end crashes," said Chen.
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