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The traffic law was enacted on 28 October 2003.
The Road Traffic Safety Law of the People's Republic of China was adopted at the Fifth Session of the Standing Committee of the Tenth National People's Congress on October 28, 2003.
It was amended for the first time in accordance with the "Decision on Amending the Road Traffic Safety Law of the People's Republic of China" of the 31st Session of the Standing Committee of the Tenth National People's Congress on December 29, 2007.
Amended for the second time in accordance with the Decision on Amending the Road Traffic Safety Law of the People's Republic of China at the 20th Session of the Standing Committee of the Eleventh National People's Congress on April 22, 2011.
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The Road Traffic Safety Law of the People's Republic of China came into force on May 1, 2004.
The latest amendment is the second amendment in accordance with the Decision on Amending the Road Traffic Safety Law of the People's Republic of China at the 20th Session of the Standing Committee of the Eleventh National People's Congress on April 22, 2011, and will come into force on May 1, 2011. This law is divided into 124 articles in 8 chapters, including General Provisions, Vehicles and Drivers, Road Traffic Conditions, Road Traffic Regulations, Traffic Accident Handling, Law Enforcement Supervision, Legal Liability, and Supplementary Provisions.
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The Traffic Law was amended and adopted by the Fifth Session of the Standing Committee of the Tenth National People's Congress on October 28, 2003, and came into force on May 1, 2004. The latest regulation is the "Regulations on the Application and Use of Motor Vehicle Driver's Licenses", which came into effect on January 1, 2013.
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The Road Traffic Safety Law was adopted at the Fifth Session of the Standing Committee of the Tenth National People's Congress on October 28, 2003, promulgated by Order No. 8 of the President of the People's Republic of China on October 28, 2003, and came into force on May 1, 2004.
On December 29, 2007, the 31st Session of the Standing Committee of the Tenth National People's Congress adopted the Decision on Amending the Road Traffic Safety Law of the People's Republic of China, which came into force on May 1, 2008.
On April 22, 2011, the 20th Session of the Standing Committee of the 11th National People's Congress passed the Decision of the Standing Committee of the National People's Congress on Amending the Road Traffic Safety Law of the People's Republic of China, which came into force on May 1, 2011.
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Legal analysis: 1. If a person drives a motor vehicle after drinking, the motor vehicle driver's license shall be suspended for three months and a fine of 500 yuan shall be imposed; Anyone who drives a commercial motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and shall be detained for not more than 15 days, have his motor vehicle driver's license suspended for six months, and shall also be fined 2,000 yuan.
2. Anyone who drives a motor vehicle without obtaining a motor vehicle driver's license, has a motor vehicle driver's license revoked, or has a motor vehicle driver's license temporarily detained, may be detained for up to 15 days.
3. Those who flee after causing a traffic accident and do not constitute a crime may be detained for up to 15 days.
4. Whoever compels a driver of a motor vehicle to drive a motor vehicle in violation of road traffic safety laws, regulations, or requirements for safe driving of motor vehicles, causing a traffic accident, but it does not constitute a crime, may be detained for up to 15 days.
5. Those who violate the provisions of traffic control and forcibly pass and do not listen to dissuasion may be detained for up to 15 days;
6. Those who intentionally damage, move, or alter transportation facilities, causing harmful consequences, but do not constitute a crime, may be detained for up to 15 days.
7. Anyone who illegally intercepts or detains a motor vehicle and refuses to heed dissuasion, causing serious traffic obstruction or relatively large property damage, may be detained for up to 15 days.
Legal basis: Criminal Procedure Law of the People's Republic of China Article 91: Where a public security organ finds it necessary to arrest a detained person, it shall submit it to the people's procuratorate for review and approval within three days of detention. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days.
For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days.
The people's procuratorate shall make a decision to approve or not to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organs. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation. Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.
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The driver of a motor vehicle who commits one of the following violations shall be deducted 12 points at a time:
1) Driving a motor vehicle that does not conform to the type of vehicle that is allowed to be driven;
2) Driving a motor vehicle after drinking alcohol;
3) Driving commercial buses (excluding buses) and school buses with more than 20% of the approved number of passengers;
4) Fleeing after causing a traffic accident that does not constitute a crime;
5) The motor vehicle driving on the road does not hang the motor vehicle number plate, or deliberately obscures, defaces, or does not install the motor vehicle license plate in accordance with the regulations;
6) The use of forged or altered motor vehicle license plates, driving licenses, driver's licenses, school bus signs, or the use of other motor vehicle license plates or driving licenses;
7) Driving a motor vehicle on the highway in reverse, driving in the wrong direction, or crossing the ** divider to make a U-turn;
8) Driving a passenger car to park in the highway lane;
9) Driving medium-sized or above passenger and cargo vehicles, school buses, and dangerous goods transport vehicles on highways and urban expressways that exceed the prescribed speed by more than 20% per hour, or driving on roads other than expressways and urban expressways exceeding the prescribed speed by more than 50% per hour, as well as driving other motor vehicles that exceed the prescribed speed by more than 50% per hour;
10) Continuously driving a medium-sized or higher passenger vehicle or dangerous goods transport vehicle for more than 4 hours without stopping for a rest or stopping for a rest period of less than 20 minutes;
11) driving a school bus without obtaining a school bus driving qualification.
2. If the driver of a motor vehicle commits one of the following violations, 6 points will be deducted at a time:
1) Driving a motor vehicle during the period when the driver's license of the motor vehicle is suspended;
2) Driving a motor vehicle in violation of road traffic lights;
3) Driving a passenger car (excluding buses) or a school bus with more than 20% of the approved number of passengers, or driving other passenger cars with more than 20% of the approved number of passengers;
4) Driving medium-sized or above passenger and cargo vehicles, school buses, and dangerous goods transport vehicles on highways and urban expressways that exceed the prescribed speed by less than 20%;
5) Driving medium-sized or above passenger and cargo vehicles, school buses, and dangerous goods transport vehicles on roads other than highways and urban expressways, or driving other motor vehicles that exceed the prescribed speed by 20% or more but do not reach 50%;
6) Driving a truck with more than 30% of the approved load weight or carrying passengers in violation of regulations;
7) Driving a motor vehicle other than a passenger car to stop in a highway lane;
8) Driving a motor vehicle on a highway or urban expressway to illegally occupy an emergency lane;
9) Driving a motor vehicle on a highway without following regulations under low visibility meteorological conditions;
10) Driving a motor vehicle to carry unbreakable items that exceed the limit, and failing to drive at the designated time, route, or speed, or failing to hang a conspicuous sign;
11) Driving a motor vehicle to transport ** items, flammable and explosive chemicals, highly toxic, radioactive and other dangerous goods, failing to drive according to the designated time, route and speed or failing to hang warning signs and take necessary safety measures.
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