Guangdong Province, Road Traffic Safety Regulations

Promulgated: January 18 2006
Effective: May 1 2006

Main contents: The party who fails to remain at the scene of a traffic accident after the occurrence of the accident shall bear full responsibility. However, where there is evidence that the other party is at fault, the party who fails to remain at the scene of the accident shall bear primary responsibility (Article 46). The party who fails to stop his/her vehicle when a traffic accident occurs, or fails to maintain the scene, or fails to report the accident to the police promptly even as circumstances permit, and thereby making it impossible to investigate and ascertain basic facts of the accident, shall bear the responsibility for the accident in accordance with the following provisions: (1) where one of the parties commits any of the aforementioned acts, he/she shall bear full responsibility; (2) where both parties commit any of the aforementioned acts, they shall bear joint responsibility; however, where the traffic accident occurs between a motor vehicle and a non-motor vehicle or a motor vehicle and a pedestrian, the motor vehicle party shall bear primary responsibility. Traffic accidents that may, in accordance with the law, be handled through consultations between the parties shall be excluded (Article 47). Where a traffic accident occurs between drivers of a motor vehicle and a non-motor vehicle or a driver of a motor vehicle and a pedestrian, resulting in casualties and property loss, the relevant insurance company shall provide compensation within the scope of liability of the compulsory third-party liability insurance for the motor vehicle. The portion in excess of the limit of liability shall be borne by the motor vehicle party; but if there is evidence that the driver of the non-motor vehicle or the pedestrian has violated road traffic safety laws or regulations, and that the motor vehicle driver has taken necessary measures, the motor vehicle party shall bear compensation liability in accordance with the following provisions: (1) 80% of the liability if the motor vehicle party bears primary responsibility; (2) 60% of the liability if the motor vehicle party bears equal responsibility; (3) 40% of the liability if the motor vehicle party bears secondary responsibility; (4) 10% of the liability if the motor vehicle party is not responsible; and (5) 5% of the liability if the traffic accident happens on an urban expressway or highway where non-motor vehicles or pedestrians are not allowed and where the motor vehicle party is not liable. The motor vehicle party shall not be liable for losses in traffic accidents that are deliberately caused by the driver of a non-motor vehicle or a pedestrian (Article 48). For traffic accidents causing human injury, if the vehicle involved is covered by compulsory third-party liability insurance, the traffic administration department of public security authorities shall notify the insurance company to pay the medical fee for rescue within the limit of liability (Article 49). Under the following circumstances, the parties may directly report to the insurance companies and the insurance companies shall settle the claims in accordance with the law: (1) traffic accidents of which the parties concerned handle through consultations between themselves; (2) unilateral accidents that cause only a loss to the insured vehicle; and (3) accidents that occur when vehicles are driven off-road (Article 51). For traffic accidents of which the identity of the deaths cannot be determined, the death compensation shall be paid according to the previous year's per capita disposable income of the urban residents at the place where the accident occurs, calculated for 20 years (Article 52).
Related legislation: PRC Road Traffic Safety Law, Oct 28 2003, CLP 2004 No.5 p.9 and Implementing Rules for the PRC Road Traffic Safety Law, Apr 30 2004, CLP 2004 No.5 p.10