西湖股份

Road traffic accident handling procedures (Ministry of Public Security Order No. 146)

(Implemented on May 1, 2018)

  table of Contents

Chapter One General

Chapter Two Governance

Chapter 3 Alarms and Cases

Chapter 4 Self consultation

Chapter 5 Simple Procedure

Chapter VI Tune

Section 1 General Regulations

Section 2 On-site disposal and investigation

Section 3 Traffic Accident Escape Investigation

Section IV Inspection and Appraisal

Chapter VII Identification and Review

Section 1 Identification of Road Traffic Accidents

Section 2 Review

Chapter 8 Penalty enforcement

Chapter Nine Damages Mediation

Chapter 10 Handling of foreign-related road traffic accidents

Chapter 11 Law Enforcement and Supervision

Chapter 12 Supplementary Provisions

Chapter One General

Article 1 In order to standardize road traffic accident handling procedures, ensure that the traffic management department of the public security organ performs its duties according to law, and protect the lawful rights and interests of parties involved in road traffic accidents, according to the relevant laws and administrative regulations such as the Road Traffic Safety Law of the People ’s Republic of China and its implementation regulations To formulate these regulations.

Article 2 When dealing with road traffic accidents, the principles of lawfulness, fairness, openness, convenience and efficiency should be followed, human rights should be respected and guaranteed, and the personal dignity of citizens should be protected.

Article 3 Road traffic accidents are divided into property loss accidents, injury accidents and death accidents.

Property loss accidents refer to road traffic accidents that cause property loss and have not caused casualties.

Injury accidents refer to road traffic accidents that cause injuries and have not yet caused deaths.

Fatal accidents refer to road traffic accidents that cause deaths.

Article 4 The investigation and handling of road traffic accidents shall be the responsibility of the traffic management department of the public security organ.

Accidents of property loss can be dealt with by the parties themselves, except as otherwise stipulated by laws and regulations and these regulations.

Article 5 Traffic policemen are trained and pass the examination, and can handle road traffic accidents applying simplified procedures.

Handling of wounded accidents should be sponsored by traffic police with qualifications at or above the level of handling road traffic accidents.

Handling of fatal accidents should be sponsored by traffic police with intermediate or higher qualifications for handling road traffic accidents.

Article 6 The traffic management department of public security organs should use a nationwide unified traffic management information system to handle road traffic accidents.

Encourage the application of advanced technological equipment and advanced technology to deal with road traffic accidents.

Article 7 Traffic police shall use law enforcement recording equipment in accordance with regulations.

Article 8 The traffic management department of the public security organ shall establish a data and information sharing mechanism with the relevant departments such as the judicial organ and the insurance institution to raise the level of informatization of road traffic accident handling.

Chapter Two Governance

Article 9 Road traffic accidents are under the jurisdiction of the traffic management department of the county-level public security organ where the accident occurred. If a county-level public security organ's traffic management department is not established, it shall be under the jurisdiction of the district's municipal public security organ's traffic management department.

Article 10 If a road traffic accident occurs in more than two jurisdictions, it shall be under the jurisdiction of the traffic management department of the public security organ where the accident started.

Disputes over jurisdiction shall be designated by the traffic management department of the public security organ at the next higher level. Before designating jurisdiction, the traffic management department of the public security organ that first discovered or first received the alarm should handle it first.

Article 11 The traffic management department of the higher-level public security organ may, when necessary, handle the road traffic accidents under the jurisdiction of the traffic management department of the lower-level public security organ, or designate the traffic management department of the lower-level public security organ to transfer the case to the traffic management department of the lower-level public security organ for a limited time.

If the jurisdiction of the case is transferred, the processing time limit shall be calculated from the date of receipt of the case.

Article 12 People in the Chinese People's Liberation Army, Chinese People's Armed Police Force, and vehicles have road traffic accidents, which shall be handled in accordance with these Provisions. The motor vehicle driving licenses issued by the People ’s Liberation Army and the Chinese People ’s Armed Police Force, and the administrative detention or criminal responsibility of the active military personnel should be revoked and canceled according to law, and transferred to the relevant departments of the People ’s Liberation Army and the Chinese People ’s Armed Police Force for processing.

Tractors traveling on roads shall be dealt with in accordance with these regulations if they have road traffic accidents. If the traffic management department of the public security organ temporarily suspends, revokes, or cancels the driving license or scores of the tractor driver, it shall notify the relevant agricultural (agricultural machinery) competent department of the decision and the scores. If a driver's license is revoked or canceled, the driver's license shall also be sent to the relevant competent department of agriculture (agricultural machinery).

Chapter 3 Alarms and Cases

Article 13 In the event of a fatal accident, an injury accident, or a property loss accident and one of the following circumstances, the party shall protect the scene and immediately call the police:

(1) The driver does not have a valid motor vehicle driving license or the motor vehicle he is driving does not match the permitted driving model specified in the driving license;

(2) If the driver is suspected of drinking alcohol or taking psychoactive drugs or narcotic drugs controlled by the state;

(3) The driver is suspected of engaging in school bus business or passenger transportation, seriously exceeding the rated occupant load, or seriously exceeding the prescribed speed;

(4) The motor vehicle does not have a number plate or uses a forged or altered number plate;

(5) The party cannot move the vehicle by himself;

(6) One party left the scene;

(7) There is evidence to prove that the accident was caused by one party intentionally.

Drivers must immediately organize the evacuation of people on the vehicle to a safe place outside the road under the principle of ensuring safety to avoid secondary accidents. If the driver has died or is injured due to a road traffic accident, other persons on the vehicle shall organize the evacuation by themselves.

Article 14 In the event of a property loss accident and one of the following situations, the vehicle can be moved, the party concerned shall organize the evacuation of the vehicle personnel to a safe place outside the road, and on the principle of ensuring safety, take an on-site photograph or mark the location of the accident vehicle site Fix the evidence by other means, move the vehicle to a place that does not obstruct traffic, and call the police:

(1) The motor vehicle has no inspection pass mark or insurance mark;

(2) Collision with buildings, public facilities or other facilities.

Article 15 In the event of a vehicle carrying dangerous goods such as explosive, flammable, poisonous, radioactive, corrosive, infectious disease pathogens, etc., the parties concerned shall immediately report to the police, and the drivers and escorts of dangerous goods vehicles shall follow the dangerous goods safety management laws , Regulations, rules and relevant operating procedures, take corresponding emergency measures.

Article 16 Public security organs and their traffic management departments shall receive an alarm and shall accept the case, make a case registration form and record the following:

(1) The alarm method and time, the name and contact information of the alarm person, and the telephone alarm shall be recorded;

(2) The time and place where the road traffic accident occurred or was discovered;

(3) Personnel casualties;

(4) The type of vehicle, vehicle number plate number, whether it contains dangerous goods and the type of dangerous goods, whether there is leakage, etc .;

(5) Those suspected of escaping from traffic accidents shall also inquire and record the vehicle type, color, characteristics and direction of escape of the vehicles involved, and the physical characteristics of the escaping driver.

If the alarm person does not report the name, it shall be recorded. If the alarm person is unwilling to disclose his name, he shall keep it confidential.

Article 17 After receiving a road traffic accident alarm, it is necessary to send personnel to the scene for disposal, or to receive a police instruction, the traffic management department of the public security organ should immediately send traffic police to the scene.

Article 18 After a road traffic accident occurs, the party does not call the police. After the accident site is removed, the party calls the traffic management department of the public security organ to handle the case. The traffic management department of the public security organ shall record it according to the content specified in Article 16 of these regulations. And make a decision on whether to accept the case within three days.

If it is verified that the fact of road traffic accident exists, the traffic management department of the public security organ shall accept it and make a registration form for the case; if after verification it is impossible to prove the fact of the road traffic accident, or it is not under the jurisdiction of the traffic management department of the public security organ, it shall notify the parties in writing and Explain the reason.

Chapter 4 Self consultation

Article 19 If a motor vehicle and a motor vehicle, a motor vehicle and a non-motor vehicle have a property loss accident, the parties shall evacuate the scene immediately after fixing the evidence by taking photos or marking the location of the accident vehicle site on the principle of ensuring safety, Move the vehicle to a place that does not obstruct traffic, and then negotiate to deal with damages, except in the case of Article 13, paragraph 1, of these regulations.

Non-motor vehicles and non-motor vehicles or pedestrians have property loss accidents, the parties should first evacuate the scene, and then negotiate to deal with damages.

For those who should evacuate the scene on their own without evacuating, the traffic police shall order the parties to evacuate the scene; if traffic jam is caused, the driver shall be fined 200 yuan.

Article 20 Any property loss accident that can be negotiated and handled by the parties concerned can be negotiated and handled online through the Internet; if the parties have disputes about the facts and causes, they can jointly apply to the traffic management department of the public security organ to determine the responsibilities of the parties online.

If the party calls the police, the traffic police and auxiliary police personnel may instruct the parties to negotiate and handle it by themselves. If the party requests the traffic police to come to the scene, the traffic police shall be appointed to investigate and deal with the scene.

Article 21 If the parties negotiate to reach an agreement by themselves, a self-negotiation agreement for road traffic accidents shall be made and signed together. The road traffic accident self-negotiation agreement should specify the time, place, weather, party name, driver's license number or ID number, contact information, type of motor vehicle and number plate, insurance company, insurance certificate number, and accident form. , Collision location, parties ’responsibilities, etc.

Article 22 If the parties negotiate and reach an agreement on their own, they may perform road traffic accident damage compensation in the following ways:

(1) The parties themselves compensate;

(2) Go to the insured insurance company or the road traffic accident insurance claims service place to handle damage compensation matters.

If the parties fail to perform after reaching an agreement by themselves, they may apply for mediation by the People's Mediation Committee or file a civil lawsuit in the People's Court.

Chapter 5 Simple Procedure

Article 23 The traffic management department of the public security organ may apply simplified procedures to deal with the following road traffic accidents, except for those suspected of traffic accidents and dangerous driving crimes:

(1) Property loss accident;

(2) The injured party suffered minor injuries, and the parties agreed to apply the summary procedure to deal with the accident.

Applicable summary procedures can be handled by a traffic policeman.

Article 24 When the traffic police apply summary procedures to deal with road traffic accidents, they shall order the parties to evacuate the scene and resume traffic after fixing the evidence on the spot. Those who refuse to evacuate the scene shall be forced to evacuate. If the parties cannot move the vehicle in a timely manner and affect traffic and traffic safety, the traffic police shall move the vehicle to a place that does not obstruct the traffic. If there is one of the situations in Item 1 and Item 2 of Paragraph 1 of Article 13 of these Provisions, it shall be handled in accordance with the provisions of Article 104 of the Implementation Regulations of the Road Traffic Safety Law of the People's Republic of China.

After evacuating the scene, the traffic police should identify and record the time, place, weather, party name, driver's license number or ID number, contact information, and type of motor vehicle based on the fixed evidence and the statements of the parties and witnesses on the scene. And license plate number, insurance company, insurance certificate number, road traffic accident form, collision location, etc., and determine the responsibilities of the parties in accordance with Article 60 of these regulations, and make a road traffic accident certification on the spot. If the conditions for production on the spot are not met, the traffic police shall prepare a road traffic accident certificate within three days.

The road traffic accident certificate should be signed by the parties and served on the parties. If the parties refuse to sign or accept, the traffic police shall indicate the situation on the road traffic accident certificate.

Article 25 If the parties jointly request mediation, the traffic police shall conduct mediation on the spot and record the result of the mediation on the road traffic accident certification, which shall be signed by the parties and served on the parties.

Article 26 In one of the following situations, mediation is not applicable. The traffic police can send the road traffic accident certificate to the parties after the relevant conditions are stated on the road traffic accident certificate:

(1) The parties have objections to the determination of road traffic accidents;

(2) The party refuses to sign the road traffic accident certificate;

(3) The parties do not agree to mediation.

Chapter 6 Tune Check

Section 1 General Regulations

Article 27 In addition to summary procedures, when the traffic management department of the public security organ investigates a road traffic accident, the traffic police shall not be less than two persons.

When investigating, the traffic police should present the "People's Police Certificate" to the person under investigation, inform the person under investigation of their rights and obligations, and send a contact card to the person concerned. The contact card contains the name of the traffic policeman, office address, contact information, supervision telephone number, etc.

Article 28 When investigating road traffic accidents, the traffic police shall collect evidence legally, promptly, objectively and comprehensively.

Article 29 In the event of a road traffic accident involving more than three deaths, the traffic management department of the public security organ shall carry out an in-depth investigation; in-depth investigation may be carried out on road traffic accidents that cause other serious consequences or have serious safety problems. The specific procedures are stipulated separately.

Section 2 On-site disposal and investigation

Article 30 After the traffic police arrive at the scene of the accident, they shall immediately perform the following tasks:

(1) Demarcate the warning area in accordance with the requirements of the relevant standards and specifications of the accident site safety protection, place luminous or reflective cones and warning signs at a safe distance, and determine that a special person is responsible for on-site traffic command and guidance. If traffic interruption caused by road traffic accidents or traffic control measures such as closed roads need to be taken for on-site disposal and investigation, traffic diversion should be organized in advance in the direction of the car at the scene of the accident, and detour warning signs should be placed;

(2) Organize the rescue of the injured;

(3) Command and rescue vehicles, surveys and other vehicles parked in a safe and convenient location for rescue and survey, turn on the police lights, and also turn on the hazard warning flashlights and silhouette lights at night;

(4) Find the parties and witnesses of road traffic accidents and control the suspects;

(5) Other work that needs to be carried out immediately.

Article 31 If a road traffic accident causes the death of a person, it shall be confirmed by first aid, medical personnel or forensic medicine, and a death certificate shall be issued by a qualified medical institution. The corpse should be stored in a place where funeral services, medical institutions, etc. are available.

Article 32 The traffic police shall carry out the following investigations on the scene of the accident:

(1) Investigate the scene of the accident, ascertain the accident vehicle, parties, roads and their spatial relationship and the weather conditions at the time of the accident;

(2) Fix, extract or preserve on-site evidence