Rules of the road in the People's Republic of China
Encyclopedia
Traffic law in mainland China
is still in its nascent stage (see Road Traffic Safety Law of the People's Republic of China
). Therefore, the rules of the road in the People's Republic of China are understood to mean both the codified and uncodified practices, procedures and norms of behavior generally followed by motorists, cyclists and pedestrian
s in the mainland
of the People’s Republic of China (PRC).
went into effect on August 6, 1955. 59 articles formed the City Traffic Regulations , promulgated by the Ministry of Public Security of the People's Republic of China
. It was vague and terse, however, and punishments for violators were relatively light.
In 1988 the regulations were revisited, but the result was still a traffic administrative regulation (中华人民共和国道路交通管理条例). There still was no law to control traffic.
The first expressway
traffic regulations surfaced on March 26, 1990, under the title Interim Regulations for Expressways. These were strengthened later on in the 1990s, when a new regulation (albeit temporary) took effect, banning "new drivers" (PRC licence holders for less than a year) from the expressways.
The Road Traffic Safety Law of the People's Republic of China
represented a huge breakthrough. It instituted higher fines, compulsory vehicle insurance, and a point system for penalties, among other reforms. The bill was passed with Hu Jintao
in power in late October 2003 and took effect on all of mainland China on May 1, 2004.
(1966–1976) when the government encouraged people to drive on the left (for symbolic/ideological reasons), the convention has been to drive on the right. In practice, however, driving to the left into oncoming traffic is not uncommon in China, nor is it as stigma
tized and penalized
as it is in other countries. This is especially true of bicyclists
, electric bicycles, and motorcycles who—unless physically prevented by barriers—are almost equally likely to be found riding on the right, left or straight down the middle of lanes of traffic.
: xiānxíngquán, Lit: “first go rights”) is defined as such in all Chinese dictionaries, however, most Chinese drivers’ understanding of this concept is markedly different from those in societies with a strong tradition of the rule of law
. Compared to the western understanding of right-of-way, which refers to the legal right to proceed forward in a vehicle without fear of being found at fault for causing a collision, right-of-way in China means, for all intents and purposes, that the person who is in the way (first) has the right. In practice, this translates into motorists and cyclists turning or merging straight into the path of other traffic believing that the onus is on the other person to avoid a collision
.
When the right-of-way is unclear (such as at unmarked intersections) it is common practice for drivers in many parts of the world to make eye contact with each other and use nods or hand gestures to either exert or defer right-of-way. The opposite applies in China, where people actively avoid eye contact, and in fact turn away from the person whose progress they are impeding so as to communicate their intention to proceed regardless.
Pedestrian are especially in a difficult situation. In cities such as Beijing
, new "self-service" traffic lights provide pedestrians with easy access across the road—just push a button, wait, and go when the light changes. Unfortunately, unless these traffic lights come with supervising cameras connected to the police, some drivers are likely to pass through these as well, making the pedestrian buttons rather pointless.
Crossings with no camera of any kind are likely to have chaotic traffic, as neither police nor technology are present to enforce the law.
A substantial change in the new Road Traffic Safety Law of the People's Republic of China
is a new requirement which forces drivers to stop at red lights even if there is a crossing only to the left (no crossing to the right), thereby outlawing straight-ahead at red lights that was permitted at an intersection with no crossing to the right. Drivers, however, still can turn right at red lights, unless signs prohibit this.
Finally, during the Great Proletarian Cultural Revolution, some battalions of Red Guards
would gather at traffic lights, forcing drivers to stop at the green light and go once it had turned red - supposedly because red was the colour of Communism
. Due to some traffic light systems being unmanned, drivers at these crossings would often go at the green light - causing accidents where a neighboring lights system was hijacked and all the drivers were going at red. This idea eventually died out.
allows for only one case in which drivers are not at fault for hitting a pedestrian—that is, if the pedestrian purposely violates traffic laws.
Very few drivers will slow down when approaching a pedestrian crossing. Even fewer will actually stop for pedestrians waiting to pass by. When this happens, however, a quick wave back by the pedestrian, indicating gratitude, is not uncommon.
: they include assault with golf clubs, car chases and the like. Sometimes the police
will intervene; those who commit extreme physical assault can often expect to be prosecuted criminally. In compliance with the Chinese criminal code, a case of road rage resulting in death will often see the offender receive the death penalty.
company.
When a collision occurs between two vehicles it is almost always resolved by the payment of money by one party to the other on the spot, with or without any admission of fault. After initial indignation or recalcitrance, one or both parties will demand financial compensation. It is supposed that either party considers the socio-economic status and occupation of the other, and the desirability of saving face
. Eventually one party will relent, and they will bargain down to an agreeable amount of compensation.
Another feature of a traffic accident in China is that in many cases, neither party will move their vehicle from the position that it came to rest following the collision, regardless of its effect on the flow of traffic. It is a justifiable fear of many Chinese motorists not to move their vehicle from the scene of an accident because recent traffic law changes have provided for hefty penalties in the event of a hit-and-run. A driver found guilty of hit-and-run forfeits his or her license for life, and any party to an accident who flees the scene is subject to severe sanctions.
(中华人民共和国道路交通安全法); they may run red lights, drive in the wrong direction or weave in and out of traffic. Communist party officials and People's Liberation Army
members are also exempt from paying road tolls and adhering to parking regulations. According to Xinhua News Agency
, "police officers are also reluctant to pull over drivers of military vehicles even if the drivers are breaking the law", which is the reason behind an emerging trend where individuals purchase counterfeit military registration plates to avoid being pulled over by police. Xinhua reported in 2008 that since July 2006, over 4,000 fake military vehicles and 6,300 fake plates have been confiscated, and criminal gangs involving 5,000 people have been apprehended; under Chinese law, those caught driving under fake registration plates are fined up to 2,000 RMB, and counterfeiters can be jailed for up to three years.
Mainland China
Mainland China, the Chinese mainland or simply the mainland, is a geopolitical term that refers to the area under the jurisdiction of the People's Republic of China . According to the Taipei-based Mainland Affairs Council, the term excludes the PRC Special Administrative Regions of Hong Kong and...
is still in its nascent stage (see Road Traffic Safety Law of the People's Republic of China
Road Traffic Safety Law of the People's Republic of China
The Road Traffic Safety Law of the People's Republic of China is a law which was passed by the National People's Congress of the People's Republic of China on October 28, 2003, promulgated by Decree No...
). Therefore, the rules of the road in the People's Republic of China are understood to mean both the codified and uncodified practices, procedures and norms of behavior generally followed by motorists, cyclists and pedestrian
Pedestrian
A pedestrian is a person traveling on foot, whether walking or running. In some communities, those traveling using roller skates or skateboards are also considered to be pedestrians. In modern times, the term mostly refers to someone walking on a road or footpath, but this was not the case...
s in the mainland
Mainland China
Mainland China, the Chinese mainland or simply the mainland, is a geopolitical term that refers to the area under the jurisdiction of the People's Republic of China . According to the Taipei-based Mainland Affairs Council, the term excludes the PRC Special Administrative Regions of Hong Kong and...
of the People’s Republic of China (PRC).
Legal Background
The first traffic regulations for the People's Republic of ChinaPeople's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
went into effect on August 6, 1955. 59 articles formed the City Traffic Regulations , promulgated by the Ministry of Public Security of the People's Republic of China
Ministry of Public Security of the People's Republic of China
The Ministry of Public Security , is the principal police and security authority of the mainland of the People's Republic of China and the government agency that exercises oversight over and is ultimately responsible for day-to-day law enforcement...
. It was vague and terse, however, and punishments for violators were relatively light.
In 1988 the regulations were revisited, but the result was still a traffic administrative regulation (中华人民共和国道路交通管理条例). There still was no law to control traffic.
The first expressway
Expressways of China
The Expressway Network of the People's Republic of China is one of the longest in the world. The network is also known as National Trunk Highway System . The total length of China's expressways was at the end of 2010, the world's second longest only after the United States and slightly longer...
traffic regulations surfaced on March 26, 1990, under the title Interim Regulations for Expressways. These were strengthened later on in the 1990s, when a new regulation (albeit temporary) took effect, banning "new drivers" (PRC licence holders for less than a year) from the expressways.
The Road Traffic Safety Law of the People's Republic of China
Road Traffic Safety Law of the People's Republic of China
The Road Traffic Safety Law of the People's Republic of China is a law which was passed by the National People's Congress of the People's Republic of China on October 28, 2003, promulgated by Decree No...
represented a huge breakthrough. It instituted higher fines, compulsory vehicle insurance, and a point system for penalties, among other reforms. The bill was passed with Hu Jintao
Hu Jintao
Hu Jintao is the current Paramount Leader of the People's Republic of China. He has held the titles of General Secretary of the Communist Party of China since 2002, President of the People's Republic of China since 2003, and Chairman of the Central Military Commission since 2004, succeeding Jiang...
in power in late October 2003 and took effect on all of mainland China on May 1, 2004.
Pass on the Right
Except for a brief period during the Cultural RevolutionCultural Revolution
The Great Proletarian Cultural Revolution, commonly known as the Cultural Revolution , was a socio-political movement that took place in the People's Republic of China from 1966 through 1976...
(1966–1976) when the government encouraged people to drive on the left (for symbolic/ideological reasons), the convention has been to drive on the right. In practice, however, driving to the left into oncoming traffic is not uncommon in China, nor is it as stigma
Social stigma
Social stigma is the severe disapproval of or discontent with a person on the grounds of characteristics that distinguish them from other members of a society.Almost all stigma is based on a person differing from social or cultural norms...
tized and penalized
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
as it is in other countries. This is especially true of bicyclists
Bicycle
A bicycle, also known as a bike, pushbike or cycle, is a human-powered, pedal-driven, single-track vehicle, having two wheels attached to a frame, one behind the other. A person who rides a bicycle is called a cyclist, or bicyclist....
, electric bicycles, and motorcycles who—unless physically prevented by barriers—are almost equally likely to be found riding on the right, left or straight down the middle of lanes of traffic.
Right-of-way
Right-of-way (Simplified Chinese: 先行权, PinyinPinyin
Pinyin is the official system to transcribe Chinese characters into the Roman alphabet in China, Malaysia, Singapore and Taiwan. It is also often used to teach Mandarin Chinese and spell Chinese names in foreign publications and used as an input method to enter Chinese characters into...
: xiānxíngquán, Lit: “first go rights”) is defined as such in all Chinese dictionaries, however, most Chinese drivers’ understanding of this concept is markedly different from those in societies with a strong tradition of the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
. Compared to the western understanding of right-of-way, which refers to the legal right to proceed forward in a vehicle without fear of being found at fault for causing a collision, right-of-way in China means, for all intents and purposes, that the person who is in the way (first) has the right. In practice, this translates into motorists and cyclists turning or merging straight into the path of other traffic believing that the onus is on the other person to avoid a collision
Collision
A collision is an isolated event which two or more moving bodies exert forces on each other for a relatively short time.Although the most common colloquial use of the word "collision" refers to accidents in which two or more objects collide, the scientific use of the word "collision" implies...
.
When the right-of-way is unclear (such as at unmarked intersections) it is common practice for drivers in many parts of the world to make eye contact with each other and use nods or hand gestures to either exert or defer right-of-way. The opposite applies in China, where people actively avoid eye contact, and in fact turn away from the person whose progress they are impeding so as to communicate their intention to proceed regardless.
Stop and go
Given the relatively recent introduction of a law technically requiring motorists to stop at a red light, it is not surprising that drivers frequently disregard traffic lights and proceed on red. The frequency of this occurrence varies according to time and place. A crowded intersection at midday with police presence results in drivers diligently observing the law, while a desolate intersection at 1 A.M. is sure to witness cars and trucks speeding through red lights without pause.Pedestrian are especially in a difficult situation. In cities such as Beijing
Beijing
Beijing , also known as Peking , is the capital of the People's Republic of China and one of the most populous cities in the world, with a population of 19,612,368 as of 2010. The city is the country's political, cultural, and educational center, and home to the headquarters for most of China's...
, new "self-service" traffic lights provide pedestrians with easy access across the road—just push a button, wait, and go when the light changes. Unfortunately, unless these traffic lights come with supervising cameras connected to the police, some drivers are likely to pass through these as well, making the pedestrian buttons rather pointless.
Crossings with no camera of any kind are likely to have chaotic traffic, as neither police nor technology are present to enforce the law.
A substantial change in the new Road Traffic Safety Law of the People's Republic of China
Road Traffic Safety Law of the People's Republic of China
The Road Traffic Safety Law of the People's Republic of China is a law which was passed by the National People's Congress of the People's Republic of China on October 28, 2003, promulgated by Decree No...
is a new requirement which forces drivers to stop at red lights even if there is a crossing only to the left (no crossing to the right), thereby outlawing straight-ahead at red lights that was permitted at an intersection with no crossing to the right. Drivers, however, still can turn right at red lights, unless signs prohibit this.
Finally, during the Great Proletarian Cultural Revolution, some battalions of Red Guards
Red Guards
-Communist groups:*Red Guards , during the Finnish Civil War*Red Guards , during the Russian Revolution of 1917 and the Russian Civil War*Red Guards , in the Bavarian Soviet Republic...
would gather at traffic lights, forcing drivers to stop at the green light and go once it had turned red - supposedly because red was the colour of Communism
Communism
Communism is a social, political and economic ideology that aims at the establishment of a classless, moneyless, revolutionary and stateless socialist society structured upon common ownership of the means of production...
. Due to some traffic light systems being unmanned, drivers at these crossings would often go at the green light - causing accidents where a neighboring lights system was hijacked and all the drivers were going at red. This idea eventually died out.
Pedestrians and bicyclists
A long-standing tenet has been for the larger vehicle involved in an accident to assume responsibility, e.g., if a car collides with a bicycle the car driver is at fault. If a bicycle and pedestrian collide it is the bicyclist's fault. Practically, this understanding emboldens pedestrians and cyclists to take liberties with cars and trucks, impeding their progress by moving into the flow of traffic under the assumption that larger vehicles will give way. This notwithstanding, the incidence of vehicle-pedestrian collisions is on the decline, despite the fact that the new Road Traffic Safety Law of the People's Republic of ChinaRoad Traffic Safety Law of the People's Republic of China
The Road Traffic Safety Law of the People's Republic of China is a law which was passed by the National People's Congress of the People's Republic of China on October 28, 2003, promulgated by Decree No...
allows for only one case in which drivers are not at fault for hitting a pedestrian—that is, if the pedestrian purposely violates traffic laws.
Very few drivers will slow down when approaching a pedestrian crossing. Even fewer will actually stop for pedestrians waiting to pass by. When this happens, however, a quick wave back by the pedestrian, indicating gratitude, is not uncommon.
Road rage in China
Road rage is uncommon in China. This is possibly due the fact that Chinese motorists have fewer expectations that other drivers will offer to "give way" and have a less legalistic/absolute view of traffic procedures. Road rage is not completely absent, however. A few cases have been witnessed in BeijingBeijing
Beijing , also known as Peking , is the capital of the People's Republic of China and one of the most populous cities in the world, with a population of 19,612,368 as of 2010. The city is the country's political, cultural, and educational center, and home to the headquarters for most of China's...
: they include assault with golf clubs, car chases and the like. Sometimes the police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
will intervene; those who commit extreme physical assault can often expect to be prosecuted criminally. In compliance with the Chinese criminal code, a case of road rage resulting in death will often see the offender receive the death penalty.
Traffic accidents and conflict resolution
Officially, all traffic accidents must be reported to the police. Exempt are cases where only minor damage was done to the vehicle, with nobody hurt, injured or killed. Cases of self-damage (e.g., driving into a tree) officially need to be reported to the police, but in reality, few people bother. This, however, indicates a waiver of responsibility for the insuranceInsurance
In law and economics, insurance is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for payment. An insurer is a company selling the...
company.
When a collision occurs between two vehicles it is almost always resolved by the payment of money by one party to the other on the spot, with or without any admission of fault. After initial indignation or recalcitrance, one or both parties will demand financial compensation. It is supposed that either party considers the socio-economic status and occupation of the other, and the desirability of saving face
Face (sociological concept)
Face, idiomatically meaning dignity/prestige, is a fundamental concept in the fields of sociology, sociolinguistics, semantics, politeness theory, psychology, political science, communication, and Face Negotiation Theory.-Definitions:...
. Eventually one party will relent, and they will bargain down to an agreeable amount of compensation.
Another feature of a traffic accident in China is that in many cases, neither party will move their vehicle from the position that it came to rest following the collision, regardless of its effect on the flow of traffic. It is a justifiable fear of many Chinese motorists not to move their vehicle from the scene of an accident because recent traffic law changes have provided for hefty penalties in the event of a hit-and-run. A driver found guilty of hit-and-run forfeits his or her license for life, and any party to an accident who flees the scene is subject to severe sanctions.
Military vehicles
A vehicle with a government or military plate are not subject to the Road Traffic Safety Law of the People's Republic of ChinaRoad Traffic Safety Law of the People's Republic of China
The Road Traffic Safety Law of the People's Republic of China is a law which was passed by the National People's Congress of the People's Republic of China on October 28, 2003, promulgated by Decree No...
(中华人民共和国道路交通安全法); they may run red lights, drive in the wrong direction or weave in and out of traffic. Communist party officials and People's Liberation Army
People's Liberation Army
The People's Liberation Army is the unified military organization of all land, sea, strategic missile and air forces of the People's Republic of China. The PLA was established on August 1, 1927 — celebrated annually as "PLA Day" — as the military arm of the Communist Party of China...
members are also exempt from paying road tolls and adhering to parking regulations. According to Xinhua News Agency
Xinhua News Agency
The Xinhua News Agency is the official press agency of the government of the People's Republic of China and the biggest center for collecting information and press conferences in the PRC. It is the largest news agency in the PRC, ahead of the China News Service...
, "police officers are also reluctant to pull over drivers of military vehicles even if the drivers are breaking the law", which is the reason behind an emerging trend where individuals purchase counterfeit military registration plates to avoid being pulled over by police. Xinhua reported in 2008 that since July 2006, over 4,000 fake military vehicles and 6,300 fake plates have been confiscated, and criminal gangs involving 5,000 people have been apprehended; under Chinese law, those caught driving under fake registration plates are fined up to 2,000 RMB, and counterfeiters can be jailed for up to three years.