Decision on Amending the Provisions of Tianjin Municipality on the Responsibility System of Road Traffic Safety

Decree of Tianjin Municipal People's Government

No. 106

Decision on Amending the Provisions of Tianjin Municipality on the

Responsibility System of Road Traffic Safety

The Decision on Amending the Provisions of Tianjin Municipality on the Responsibility System of Road Traffic Safetywas adopted at the 79th Executive Meeting of the Municipal People's Government on 16 October 2006 and is hereby promulgated for implementation.

Dai Xianglong, Mayor

28 October 2006

Decision on Amending the Provisions of Tianjin Municipality on the Responsibility System of Road Traffic Safety

The Municipal People's Government has decided to amend the Provisions of Tianjin Municipality on the Responsibility System of Road Traffic Safety (Decree of the Municipal People's Government, No. 97, 1997) as follows:

1. The title is amended to read as follows : “Provisions of Tianjin Municipality on the Responsibility System of Precautions against Road Traffic Accidents”.

2. Paragraph 4 of Article 3 is amended to read as follows : “Traffic accidents that these Provisions need to bring under control refer to traffic accidents stipulated by the Ministry of Public Security in which parties concerned shall bear equal responsibility or above and to which general procedures can be applied for handling.”

3. Article 6 is amended to read as follows : “Motor vehicles owned and used by a unit, drivers that belong to the unit, and motor vehicles owned by individuals of the unit shall be incorporated into management of the safety responsibility system of the unit.

The sub-district office, the township or town people's government, the villagers' committee, the intermediary service agency shall incorporate other motor vehicles and drivers into management of their respective safety responsibility systems.

Units that are placed under management of the safety responsibility system shall bear the responsibility for the target control of traffic law-breaking acts and traffic accidents.”

4. Another paragraph is added to become Paragraph 2 of Article 8: “All units shall sign the responsibility letters on target management of road traffic safety in accordance with the annual control target assigned by the district or the county people's government.”

5. Article 11 is amended to read as follows : “All units shall, under the guidance of the traffic control department under the public security organ, institute a publicity and education system on traffic safety, educate their employees in observing laws, rules, regulations and relevant provisions on management of road traffic safety, launch a massive campaign on safety, and timely rectify problems of lurking perils of accidents whenever they are found.”

6. Another article is added to become Article 13: “The intermediary service agency of motor vehicles and their drivers is the responsibility unit of traffic safety, which shall operate according to the law, assist the traffic control department under the public security organ in conducting publicity and education on traffic safety, and bear corresponding responsibility.

The intermediary service agency of motor vehicles and their drivers shall meet the conditions and requirements of layout stipulated by the traffic control department under the public security organ”

7. Article 15 is amended to read as follows : “For those units that fail to act on Paragraph 1 of Article 6, and Articles 8, 9, 10, 11, and 12 of these Provisions, the district or county traffic control department under the public security organ shall serve them a notice of rectification within a prescribed time and order them to rectify within the time limit.”

8. Article 16 is amended to read as follows : “For those units that, in violation of provisions of the safety responsibility system, fall under any one of the following circumstances, the district or county traffic control department under the public security organ shall, depending on the seriousness of their offence, inflict the following punishments thereupon respectively:

(1) The unit that is ordered to rectify within a prescribed time but fails to do so at the expiration of the time limit shall be penalized with a fine of 1,000 yuan;

(2) Where traffic law-breaking acts of a unit overreach its annual control target, a fine of 200 yuan shall be imposed upon the unit for each of the violations beyond the target;

(3) Where traffic accidents overreach the annual control target, a fine of 500 yuan shall be imposed thereupon for each of the accidents beyond the target;

(4) Where traffic accidents overreach the annual control target and cause fatalities or the offender is hit-and-run, a fine of 1,000 yuan shall be imposed thereupon for each of the accidents beyond the target.

For an operating unit that violates Items (1) and (4) of the preceding paragraph, a fine of not more than 5,000 yuan may be imposed thereupon.”

9. Articles 18, 19, 20, and 22 are deleted in the entirety.

10. Article 21 are amended to read as follows : “The traffic control department under the public security organ shall assist all units in implementing the safety responsibility system and render them good service.

Where traffic law-breaking acts and traffic accidents of the district or county surpass the control target, the district or county traffic control department under the public security organ shall give a written explanation to the district or county people's government and the Municipal traffic control department under the public security organ and propose opinions of rectification; where the district or county traffic control department under the public security organ is held responsible, the district or county people's government or the Municipal traffic control department under the public security organ shall circulate a notice of criticism and inflict sanctions upon the relevant responsible person(s) according to the law.

The traffic police must enforce laws in a just and clean-fingered manner, and shall not play favouritism, commit irregularities and make a ruling by bending the law.”

11. “Traffic violations” in Articles 1, 3, 7, 10, and 17 is amended as “traffic law-breaking acts”.

12. “The responsibility system of road traffic safety” in Articles 2 and 3 is revised as “the responsibility system of precautions against road traffic accidents”.

13. “The public security traffic control organ” in Articles 3, 4, 7, 10 and 17 shall be revised as “the traffic control department under the public security organ”.

The serial number of the related articles and their wording shall be readjusted accordingly.

This Decision shall come into force as from the date of promulgation.

The Provisions of Tianjin Municipality on the Responsibility System of Road Traffic Safety shall be amended accordingly based on this Decision and promulgated afresh.

Provisions of Tianjin Municipality on the Responsibility

System of Precautions against Road Traffic Accidents

(Promulgated by the Municipal People's Government on 30 May 1994 and amended on 25 November 1997; Revised again based on the Decision on Amending the Provisions of Tianjin Municipality on the Responsibility System of Road Traffic Safetymade by the Municipal People's Government on 28 October 2006)

Article 1 These Provisions are formulated in accordance with relevant laws and regulations and in the light of the situation of this Municipality in order to ensure safe and unimpeded road traffic and effectively control traffic law-breaking acts and traffic accidents.

Article 2 Government bodies, troops, groups, enterprises and institutions and other organizations (hereinafter referred to as “the unit”) within the administrative area of this Municipality must implement the responsibility system of precautions against road traffic accidents according to these Provisions.

Article 3 “The responsibility system of precautions against road traffic accidents” (hereinafter referred to as “the safety responsibility system”) mentioned in these Provisions refers to a system in which target control of traffic law-breaking acts and traffic accidents shall be put into practice in the unit and implemented level by level, the good shall be rewarded and the bad punished, and education on traffic safety and management within the unit shall be intensified, under the leadership of the Municipal, the district and county people's governments and specifically implemented by the traffic control department under the public security organ at all levels.

The unit that does not make enough effort in education, publicity and management on road traffic safety, resulting in surpassing the control target of traffic law-breaking acts and traffic accidents in the unit shall bear the responsibility as prescribed in these Provisions.

Traffic law-breaking acts that these Provisions need to bring under control refer to acts of vehicle drivers, pedestrians and riders and other personnel engaged in activities related to traffic who seriously violate management provisions on road traffic safety as defined by the traffic control department under the public security organ.

Traffic accidents that these Provisions need to bring under control refer to traffic accidents stipulated by the Ministry of Public Security in which parties concerned shall bear equal responsibility or above and to which general procedures can be applied for handling.

Article 4 The Municipal traffic control bureau under the public security bureau is the competent administrative organ responsible for the implementation of the safety responsibility system in the whole city. The district or county traffic control department under the public security organ shall, under the leadership of the traffic control department under the public security organ of the higher level and the local people's government, be responsible for supervision and checkup over the implementation of the safety responsibility system in all the units of the administrative area, and specifically execute the punishment with regard to the safety responsibility system.

Tianjin Garrison Headquarters shall be responsible for the implementation of the safety responsibility system in the military units stationed in Tianjin.

Article 5 Various departments of the Municipal, district and county people's governments shall, in light of their relationship of administrative subordination, guide, urge and check up on their affiliated units in implementing the safety responsibility system.

Article 6 Motor vehicles owned and used by a unit, drivers that belong to the unit, and motor vehicles owned by individuals of the unit shall be incorporated into management of the safety responsibility system of the unit.

The sub-district office, the township or town people's government, the villagers' committee, the intermediary service agency shall incorporate other motor vehicles and drivers into management of their respective safety responsibility systems.

Units that are placed under management of the safety responsibility system shall bear the responsibility for the target control of traffic law-breaking acts and traffic accidents.

Article 7 With the approval of the Municipal People's Government, the Municipal traffic control bureau under the public security bureau shall determine the annual control target of traffic law-breaking acts and traffic accidents of the district and the county; with the approval of the people's government of the district or the county, the district or county traffic control department under the public security organ shall determine the annual control target of traffic law-breaking acts and traffic accidents of the units in their administrative areas.

Article 8 The legal representative of the unit shall be responsible in an all round way for the implementation of the safety responsibility system by carrying out target management and achieving the target level by level.

All units shall sign the responsibility letters on target management of road traffic safety in accordance with the annual control target assigned by the district or the county people's government.

Article 9 Every unit shall assign a leader to take charge of traffic safety and, where necessary, appoint a department (a unit with fewer people may assign a person for traffic safety) to take care of the day-to-day work.

Article 10 All units must implement laws, rules, regulations and relevant provisions on road traffic safety management in real earnest, work out the traffic safety system and measures for their own units, control and ensure the number of times of traffic law-breaking acts and traffic accidents within the target, and subject themselves to the checkup and supervision of the local traffic control department under the public security organ.

Article 11 All units shall, under the guidance of the traffic control department under the public security organ, institute a publicity and education system on traffic safety, educate their employees in observing laws, rules, regulations and relevant provisions on management of road traffic safety, launch a massive campaign on safety, and timely rectify problems of lurking perils of accidents whenever they are found.

Article 12 All units shall put in place a system of use, upkeep, maintenance and overhaul of motor vehicles and keep them in conformity with the State Technical Requirements for Safety Running of Motor Vehicles. Motor vehicles that fail to satisfy the standards and non-motor vehicles whose safety equipment is unqualified are strictly prohibited to run on the road.

Article 13 The intermediary service agency of motor vehicles and their drivers is the responsibility unit of traffic safety, which shall operate according to the law, assist the traffic control department under the public security organ in conducting publicity and education on traffic safety, and bear corresponding responsibility.

The intermediary service agency of motor vehicles and their drivers shall meet the conditions and requirements of layout stipulated by the traffic control department under the public security organ.

Article 14 All units shall institute a system of examination and assessment, and award and punishment for the implementation of the safety responsibility system, and award those who have made outstanding achievements and punish those who violate the system.

Article 15 Units and individuals that have distinguished themselves in the implementation of the safety responsibility system shall be commended and awarded by the district or county people's government. Those whose achievements are especially outstanding shall be praised by the Municipal People's Government.

Article 16 For those units that fail to act on Paragraph 1 of Article 6, and Articles 8, 9, 10, 11, and 12 of these Provisions, the district or county traffic control department under the public security organ shall serve them a notice of rectification within a prescribed time and order them to rectify within the time limit.

Article 17 For those units that, in violation of provisions of the safety responsibility system, fall under any one of the following circumstances, the district or county traffic control department under the public security organ shall, depending on the seriousness of their offence, inflict the following punishments thereupon respectively:

(1) The unit that is ordered to rectify within a prescribed time but fails to do so at the expiration of the time limit shall be penalized with a fine of 1,000 yuan;

(2) Where traffic law-breaking acts of a unit overreach its annual control target, a fine of 200 yuan shall be imposed upon the unit for each of the violations beyond the target;

(3) Where traffic accidents overreach the annual control target, a fine of 500 yuan shall be imposed thereupon for each of the accidents beyond the target;

(4) Where traffic accidents overreach the annual control target and cause fatalities or the offender is hit-and-run, a fine of 1,000 yuan shall be imposed thereupon for each of the accidents beyond the target.

For an operating unit that violates Items (1) and (4) of the preceding paragraph, a fine of not more than 5,000 yuan may be imposed thereupon.

Articles 18 For a unit that violates the traffic safety responsibility system, the district or county traffic control department under the public security organ shall, depending upon the seriousness of the case, adopt such administrative measures as showing a yellow card to give it a warning, or organizing drivers of the unit for lessions on traffic safety.

A notice of criticism shall be circulated for the district or county that overreaches the target of traffic law-breaking acts and traffic accidents.

Article 19 The traffic control department under the public security organ shall assist all units in implementing the safety responsibility system and render them good service.

Where traffic law-breaking acts and traffic accidents of the district or county surpass the control target, the district or county traffic control department under the public security organ shall give a written explanation to the district or county people's government and the Municipal traffic control department under the public security organ and propose opinions of rectification; where the district or county traffic control department under the public security organ is held responsible, the district or county people's government or the Municipal traffic control department under the public security organ shall circulate a notice of criticism and inflict sanctions upon the relevant responsible person(s) according to the law.

The traffic police must enforce laws in a just and clean-fingered manner, and shall not play favouritism, commit irregularities and make a ruling by bending the law.

Article 20 These Provisions shall come into effect as from the date of promulgation.