PRC Road Traffic Safety Law

Promulgated: October 28 2003
Effective: May 1 2004

Main contents: The Law sets forth provisions governing vehicles and drivers, conditions necessary for and provisions on road travel, handling of traffic accidents, supervision on law enforcement and legal liability. For disputes over damages arising from traffic accidents, the parties may request the traffic administration department of the public security authority for mediation, or may directly bring a civil case to the people's court (Article 74). If the vehicle involved is covered by compulsory third-party liability insurance for motor vehicles, the insurance company shall pay the medical fee involved for the rescue that is within its scope of liability (Article 75). Insurance companies shall also compensate for any personal injury and loss of property caused by motor vehicle traffic accidents that is within the scope of liability of the compulsory third-party liability insurance for motor vehicles. For traffic accidents between motor vehicles, the portion in excess of the scope of liability shall be borne by the party at fault; but shall be shared in accordance with the proportion of the fault when both parties are at fault. For traffic accidents between drivers of motor vehicles and drivers of non-motor vehicles or pedestrians, the excess shall be borne by the motor vehicle party; however, such liability shall be mitigated if there is evidence to prove that the driver of a non-motor vehicle or the pedestrian has violated road traffic safety laws or regulations, and that the driver of a motor vehicle has taken necessary measures. The motor vehicle party shall not be responsible for the losses in traffic accidents that are deliberately caused by drivers of non-motor vehicles or pedestrians (Article 76).