Ministry of Public Security on the issuance of the "Road Traffic Accident Handling Procedures" (2017 revision)

(Decree No. 146 of the Ministry of Public Security)

Announcement of the Ministry of Public Security of the People's Republic of China

The revised Regulations on Road Traffic Accident Handling Procedures, which were adopted at the Office meeting of the Minister of Public Security on June 15, 2017, are hereby issued and will come into force as of May 1, 2018.

Minister Guo Shengkun

July 22, 2017

Road traffic accident handling procedures

catalogue

Chapter I General provisions

Chapter II Jurisdiction

Chapter Three: Alarm and acceptance of cases

Chapter IV Self-consultation

The fifth chapter is simple procedure

Chapter VI Investigation

Section I General provisions

Section 2 On-site disposal and investigation

Section 3 Traffic hit-and-run investigation

Section 4 Inspection and appraisal

Chapter VII identification and review

Section 1 Identification of road traffic accidents

Section 2 Review

Chapter VIII Execution of Punishment

Chapter IX Mediation of damages

Chapter X Handling of foreign-related road traffic accidents

Chapter XI Supervision of Law Enforcement

Chapter XII Supplementary Provisions

Chapter I General provisions

Article 1 These Provisions are formulated in accordance with the Road Traffic Safety Law of the People's Republic of China and its implementing Regulations and other relevant laws and administrative regulations in order to standardize the procedures for handling road traffic accidents, ensure that the traffic administrative departments of public security organs perform their duties according to law, and protect the lawful rights and interests of the parties involved in road traffic accidents.

Article 2 In handling road traffic accidents, the principles of legality, fairness, openness, convenience and efficiency shall be followed, human rights shall be respected and guaranteed, and the personal dignity of citizens shall be protected.

The third road traffic accidents are divided into property damage accidents, injury accidents and death accidents.

Property loss accident refers to the road traffic accident that causes property loss but has not yet caused casualties.

Injury accident refers to the road traffic accident that causes injury but not death.

A fatality is a road traffic accident resulting in the death of a person.

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

Property damage accidents may be handled by the parties themselves through consultation, except as otherwise provided by laws and regulations and these Provisions.

Article 5 After being trained and passed the examination, traffic police may deal with road traffic accidents where the simplified procedures apply.

The handling of injury accidents shall be organized by traffic police who have primary qualifications or above for handling road traffic accidents.

The handling of death accidents shall be conducted by traffic police with intermediate or above qualifications for handling road traffic accidents.

Article 6 The traffic administrative department of the public security organ shall use the national unified traffic management information system to deal with road traffic accidents.

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

Article 7 Traffic police dealing with road traffic accidents shall use law enforcement recording equipment in accordance with regulations.

Article 8 Traffic management departments of public security organs shall establish data and information sharing mechanisms with relevant departments such as judicial organs and insurance institutions to improve the informatization level of road traffic accident handling.

Chapter II Jurisdiction

Article 9 Road traffic accidents shall be under the jurisdiction of the traffic administrative department of the county-level public security organ in the place where the accident occurs. Where there is no traffic administrative department of public security organs at the county level, it shall be under the jurisdiction of the traffic administrative department of public security organs of cities divided into districts.

Article 10 Where a road traffic accident occurs in two or more jurisdictions, it shall be under the jurisdiction of the traffic administrative department of the public security organ where the accident starts.

Where there is a dispute over jurisdiction, the traffic administrative department of the common public security organ at the next higher level shall designate jurisdiction. Before the designation of jurisdiction, the traffic administrative department of the public security organ that first discovers or first receives the alarm shall first deal with it.

Article 11 The traffic administrative department of the superior public security organ may, when necessary, handle the road traffic accident under the jurisdiction of the traffic administrative department of the lower public security organ, or designate the traffic administrative department of the lower public security organ to transfer the case to another traffic administrative department of the lower public security organ for handling within a limited time.

Where the jurisdiction of a case is transferred, the time limit for handling the case shall be calculated from the date of receipt of the case.

Article 12 Road traffic accidents involving personnel and vehicles of the Chinese People's Liberation Army and the Chinese People's Armed Police Forces shall be dealt with in accordance with these Provisions. Where a motor vehicle driving license issued by the Chinese People's Liberation Army or the Chinese People's Armed Police Force should be revoked or cancelled according to law, or an active serviceman is subject to administrative detention or criminal investigation, the case shall be transferred to the relevant department of the Chinese People's Liberation Army or the Chinese People's Armed Police Force for handling.

Where a tractor running on the road has a road traffic accident, it shall be dealt with in accordance with these Provisions. Where the traffic administrative department of the public security organ temporarily departs, revokes, cancels the driving license or demerits the tractor driver according to law, it shall inform the relevant agricultural (agricultural machinery) competent department of the decision and demerits. If the driver's license is revoked or cancelled, the driver's license shall also be submitted to the relevant agricultural (agricultural machinery) competent department.

Chapter Three: Alarm and acceptance of cases

Article 13 Where an accident involving death or injury occurs, or an accident involving property damage occurs under any of the following circumstances, the parties shall protect the scene and immediately report to the police:

(1) the driver does not have a valid motor vehicle driving license or the motor vehicle he drives does not conform to the type of permitted driving specified in the driving license;

(2) The driver is suspected of drinking alcohol or taking psychotropic or narcotic drugs under state control;

(3) The driver is engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed is suspected of driving;

(4) a motor vehicle has no license plate or uses a forged or altered license plate;

(5) the party is unable to move the vehicle by itself;

(6) One party leaves the scene;

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

Under the principle of ensuring safety, the driver must immediately organize the evacuation of the vehicle to a safe place outside the road to avoid secondary accidents. If the driver has been killed or injured due to a road traffic accident and is unable to move, other persons on board shall organize evacuation on their own.

Article 14 Where a property loss accident occurs and the vehicle can be moved under any of the following circumstances, the parties shall organize the vehicle's personnel to evacuate to a safe place outside the road, and, under the principle of ensuring safety, fix evidence by taking photos on the scene or marking the site location of the vehicle involved in the accident, and move the vehicle to a place that does not interfere with traffic, and report the police:

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

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

Article 15 Where an accident occurs to a vehicle carrying explosive, inflammable, toxic, radioactive, corrosive, infectious disease pathogens and other dangerous goods, the parties concerned shall immediately report to the police, and the drivers and escorts of dangerous goods vehicles shall take appropriate emergency measures in accordance with the provisions of the laws, regulations and rules on the safety management of dangerous goods and the relevant operating procedures.

Article 16 The public security organ and its traffic management department shall accept the alarm, make a case registration form and record the following contents:

(a) alarm method, time, alarm name, contact information, telephone alarm, should also record the alarm phone;

(2) the time and place of the occurrence or discovery of the road traffic accident;

(3) Information on casualties;

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

(5) suspected traffic hit-and-run, should also ask and record the vehicle model, color, characteristics and escape direction, escape driver physical characteristics and other relevant information.

If the person calling the police does not report his name, it shall be put on record. If the person calling the police does not wish to disclose his name, he shall keep it confidential.

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

Article 18 After the occurrence of a road traffic accident, the party does not report to the police, after the scene of the accident is removed, and the party calls the police to request the traffic management department of the public security organ to deal with it, the traffic management department of the public security organ shall record in accordance with the record content provided for in Article 16 of these provisions, and make a decision on whether to accept the case within three days.

After verifying the existence of road traffic accident facts, the traffic administrative department of the public security organ shall accept the case and make a registration form for accepting the case; If the existence of road traffic accident facts cannot be proved after verification, or it does not belong to the jurisdiction of the traffic administrative department of the public security organ, it shall inform the parties in writing and explain the reasons.

Chapter IV Self-consultation

Article 19 In the event of a property loss accident between motor vehicles and motor vehicles, or between motor vehicles and non-motor vehicles, the parties concerned shall, under the principle of ensuring safety, immediately withdraw from the scene after fixing evidence by taking photos at the scene or marking the location of the accident vehicle, and move the vehicle to a place that does not impede traffic, and then negotiate and handle the matter of compensation for damage. Except for the circumstances in paragraph 1 of Article 13 of these provisions.

Where a property loss accident occurs between a non-motor vehicle and a non-motor vehicle or a pedestrian, the parties shall first withdraw from the scene and then negotiate and handle the matter of compensation for damage.

If the party who should evacuate the scene by himself fails to do so, the traffic police shall order the party concerned to evacuate the scene; If it causes traffic jams, the driver shall be fined 200 yuan.

Article 20 In case of a property loss accident that can be handled through consultation on its own, the parties concerned may deal with it through consultation on the Internet. If the parties have disputes over the facts and causes, they may jointly apply to the traffic management department of the public security organ to determine the responsibilities of the parties online through the Internet.

Where a party reports to the police, the traffic police or police auxiliary personnel may guide the party to negotiate and handle the matter on its own. If the party requires the traffic police to deal with the situation, the traffic police shall be assigned to the scene to investigate and deal with the situation.

Article 21 Where an agreement is reached through consultation by the parties themselves, a road traffic accident consultation agreement shall be made and signed jointly. The agreement on self-negotiation of road traffic accident shall specify the time, place, weather, name of the parties, driving license number or ID number, contact information, type and license number of the motor vehicle, insurance company, insurance certificate number, accident form, collision location, liability of the parties, etc.

Article 22 Where the parties themselves reach an agreement through consultation, compensation for road traffic accident damages may be performed in the following ways:

(1) the parties shall indemnify themselves;

(2) to the insured insurance company or road traffic accident insurance claims service site to handle the matter of damage compensation.

If the parties fail to implement an agreement after reaching it through consultation, they may apply to a people's mediation committee for mediation or bring a civil suit in a people's court.

The fifth chapter is simple procedure

Article 23 The traffic administrative department of the public security organ may apply summary procedures to deal with the following road traffic accidents, except those suspected of causing traffic accidents or dangerous driving crimes:

(1) Property damage accidents;

(2) Injury accidents in which the injured party is slightly injured and all parties agree to apply summary procedures.

If a summary procedure is applied, it may be handled by a traffic policeman.

Article 24 When the traffic police apply summary procedures to deal with road traffic accidents, they shall, after fixing on-site evidence, order the parties to withdraw from the scene and resume traffic. Those who refuse to leave the scene shall be forced to leave. If the party is unable to move the vehicle in time to affect traffic and traffic safety, the traffic police shall move the vehicle to a place that does not impede traffic. In any of the circumstances of item 1 (1) and Item 2 (2) of paragraph 1 of Article 13 of these Provisions, it shall be dealt with in accordance with Article 104 of the Implementing Regulations of the Road Traffic Safety Law of the People's Republic of China.

After withdrawing from the scene, the traffic police shall, based on the fixed evidence at the scene and the statements of the parties and witnesses, identify and record the time, place, weather, names of the parties, driving license numbers or ID numbers, contact information, type and license plate numbers of motor vehicles, insurance companies, insurance certificate numbers, road traffic accident forms, collision locations, etc. And in accordance with Article 60 of these provisions to determine the responsibility of the parties, the road traffic accident identification written on the spot. If the conditions are not available for production on the spot, the traffic police shall produce a road traffic accident identification letter within three days.

The written confirmation of a road traffic accident shall be signed by the parties concerned and served on the spot. If the parties refuse to sign or accept, the traffic police shall indicate the situation on the road traffic accident confirmation.

Article 25 Where the parties jointly request mediation, the traffic police shall conduct mediation on the spot, and record the mediation results in the road traffic accident confirmation letter, which shall be signed by the parties and served on the parties.

Article 26 In any of the following circumstances, mediation is not applicable, and the traffic police may, after stating the relevant circumstances in the road traffic accident confirmation letter, serve the road traffic accident confirmation letter on the parties:

(1) the parties concerned have objections to the identification of a road traffic accident;

(2) The parties refuse to sign the road traffic accident confirmation;

(3) The parties do not agree to mediation.

Chapter VI Investigation

Section I General provisions

Article 27 In addition to summary procedures, when the traffic administrative department of the public security organ conducts an investigation into a road traffic accident, there shall be no less than two traffic policemen.

When investigating, the traffic police shall present the People's Police Card to the person under investigation, inform the person under investigation of his rights and obligations according to law, and send a contact card to the person concerned. The contact card contains the name, office address, contact information and supervisory telephone number of the traffic police.

Article 28 When investigating a road traffic accident, the traffic police shall collect evidence lawfully, promptly, objectively and comprehensively.

Article 29 Where a road traffic accident kills three or more people at a time, the traffic administrative department of the public security organ shall carry out an in-depth investigation; For road traffic accidents that cause other serious consequences or have serious safety problems, an in-depth investigation may be carried out. Specific procedures shall be specified separately.

Section 2 On-site disposal and investigation

Article 30 After arriving at the scene of an accident, the traffic police shall immediately carry out the following work:

(1) Delimit the warning area in accordance with the requirements of the relevant standards and norms of safety protection at the accident site, place the luminous or reflective cones and warning signs at the safe distance, and determine the special person responsible for the traffic command and diversion at the scene. Where traffic interruption is caused by a road traffic accident or traffic control measures such as road closure are required for on-site disposal or investigation, traffic diversion shall be organized in advance in the direction of incoming vehicles at the scene of the accident and detour warning signs shall be placed according to the situation;

(2) to organize the rescue of the injured;

(3) direct rescue, exploration and other vehicles to park in a safe and convenient location for rescue and exploration, turn on the alarm light, and turn on the danger alarm flash and outline light at night;

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

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

Article 31 Where a road traffic accident results in 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. Corpses shall be stored in places where mortuary services are available, such as funeral service units or medical institutions.

Article 32 Traffic police shall carry out the following investigations on the scene of an accident:

(1) to survey the scene of the accident and identify the vehicles, parties involved in the accident, the road and their spatial relationship as well as the weather conditions at the time of the accident;

(2) Fixing, extracting or preserving on-site evidentiary materials;

(3) to interrogate parties and witnesses and to make interrogation records; If the conditions for making interrogation records are not available on the spot, the interrogation process may be recorded by sound recording or video recording;

(4) Other investigation work.

Article 33 When investigating the scene of a road traffic accident, the traffic police shall, in accordance with the provisions of relevant laws and regulations and standards, take photos of the scene, draw a scene map, timely extract and collect traces and material evidence related to the case, and make a record of the scene investigation. In the course of scene investigation, it is found that the parties are suspected of using means of transportation to commit other crimes, shall properly protect the crime scene and evidence, control the criminal suspects, and immediately report to the competent department of the public security organ.

In the event of an accident involving more than three people killed at one time, on-site videography shall be conducted, and if necessary, persons with specialized knowledge may be engaged to participate in on-site inspection and inspection.

The scene map and the record of the scene investigation shall be signed by the traffic police, the parties and the witnesses who participated in the investigation. Where the parties or witnesses refuse to sign or are unable to sign, or there are no witnesses, they shall be put on record.

Article 34 Where traces, material evidence and other evidence may be changed, damaged or lost due to time, place, weather and other reasons, the traffic police shall fix, extract or preserve it in a timely manner.

For persons suspected of drinking alcohol or taking psychotropic drugs or narcotic drugs under state control to drive vehicles, the traffic administrative department of the public security organ shall, in accordance with the Provisions on the Procedures for Handling Illegal Acts of Road Traffic Safety, promptly draw blood or extract urine samples and other materials for testing, and send them to institutions qualified for testing and appraisal for testing.

If the driver of the vehicle dies on the spot, the blood shall be drawn and tested in time. If the conditions for blood drawing are not met, a certificate shall be issued by a medical institution or an appraisal institution.

Article 35 The traffic police shall verify the identity documents, motor vehicle driving licenses, motor vehicle driving licenses, inspection marks, insurance marks, etc., of the parties concerned.

Suspects involved in traffic accidents may be summoned according to law. A suspect found at the scene of a traffic accident may be summoned orally upon production of the People's Police Card, and the suspect's arrival, arrival time and departure time shall be indicated in the interrogation record.

Article 36 After the completion of the investigation of the accident scene, the traffic police shall count and register the items left behind at the scene, promptly organize the clearing of the scene, and resume traffic as soon as possible.

If the items left at the scene can be returned on the spot, they shall be returned on the spot and records shall be made; If the owner cannot be determined on the spot, it shall be registered and properly kept, and promptly returned after the owner is determined.

Article 37 Where necessary for investigation, the traffic administrative department of the public security organ may obtain from relevant units and individuals the recording data of the vehicle driving recorder, satellite positioning device, technical monitoring equipment and other evidentiary materials related to the accident.

Article 38 Where necessary for investigation, the traffic administrative department of the public security organ may organize the parties and witnesses of the road traffic accident to identify the suspects and suspected vehicles.

Identification shall be carried out under the auspices of the traffic police. At least two traffic policemen shall preside over the identification. When multiple identifiers identify the same object, they shall be individually identified.

When identifying, the identified object shall be mixed with other objects with similar characteristics, and shall not give any indication to the identifying person. When identifying suspects, the number of persons identified shall not be less than seven; The identification of the photos of the suspects shall not be less than 10 photos. When identifying suspected vehicles, there shall be no less than five vehicles of the same kind; When identifying photos of suspected vehicles involved in the accident, no less than 10 photos should be taken.

The identification of specific identification objects such as corpses, or the identification of persons who can accurately describe the unique characteristics of the suspect or suspect vehicle, is not limited by the number.

If the identification of the suspect does not wish to be carried out in public, the identification may be carried out without exposing the identification person and shall be kept confidential.

An identification record shall be made of the identification process and results and signed by the traffic police, the identification person and the witness. If necessary, audio or video recordings shall be made of the identification process.

Article 39 Due to the need to collect evidence, the traffic administrative department of the public security organ may detain the accident vehicle and issue a certificate of administrative compulsory measures. The detained vehicle shall be kept properly.

The traffic administrative department of the public security organ shall not detain the goods carried by the accident vehicle. After verifying the weight, volume and loss of the goods, notify the motor vehicle driver or the owner of the goods to dispose of them by themselves. If it is not possible to notify the party concerned or the party concerned does not handle the matter on its own, the matter shall be handled in accordance with the relevant provisions of the Provisions on the Procedure for Handling Administrative Cases by Public Security Organs.

It is strictly prohibited to park the detained vehicle in the parking lot designated by the traffic management department of the public security organ.

Article 40 Where a party is suspected of committing a crime, due to the need of collecting evidence, the traffic administrative department of the public security organ may, in accordance with the Criminal Procedure Law of the People's Republic of China and the Provisions on the Procedure for Handling Criminal Cases of the Public Security Organ, seize articles and documents related to the accident such as a motor vehicle driving license, and issue legal documents of seizure in accordance with the provisions. The seized articles shall be kept properly.

Seized motor vehicle driving licenses and other articles, documents, used as evidence, shall be transferred with the case, and make a list of transferred with the case in duplicate, one retained, one submitted to the people's procuratorate. If the physical object is not suitable for transfer, its list, photos or other supporting documents shall be transferred along with the case. After the people's court has made an effective judgment, the case shall be handled in accordance with the notice of the people's court.

Article 41 Where, after investigation, the case does not fall under the jurisdiction of the traffic administrative department of the public security organ, it shall be transferred to the relevant department and notify the parties in writing, or inform the parties of the way to handle it.

In the course of investigation, the traffic management department of the public security organ finds that the party is suspected of causing traffic accidents or dangerous driving crimes, it shall file a case for investigation in accordance with the Criminal Procedure Law of the People's Republic of China and the Procedures for Handling Criminal Cases of the Public Security Organ. If it is found that the parties are suspected of other illegal crimes, they shall be transferred to the relevant departments in a timely manner, and the transfer will not affect the investigation and handling of the accident.

Article 42 Where a road traffic accident occurs to a vehicle insured with compulsory motor vehicle traffic accident liability insurance and the insurance company needs to pay the rescue expenses due to rescuing the injured person, the traffic administrative department of the public security organ shall notify the insurance company in writing.

Where the rescue of injured persons requires the advance payment of the road traffic accident social assistance fund, the traffic administrative department of the public security organ shall notify the administrative institution of the road traffic accident social assistance fund in writing.

If the death of a person caused by a road traffic accident requires the relief fund to pay the funeral expenses, the traffic administrative department of the public security organ shall, at the same time of serving the notice of disposal of the body, inform the relatives of the victim to submit a written application for the advance payment to the administrative institution of the social relief fund for road traffic accidents.

Section 3 Traffic hit-and-run investigation

Article 43 The traffic administrative department of the public security organ shall, according to the jurisdiction area and the road conditions, formulate a traffic hit-and-run case investigation plan, and organize special forces to handle traffic hit-and-run cases.

After the occurrence of a traffic hit-and-run case, the traffic management department of the public security organ shall immediately launch a search and seizure plan, deploy police forces to intercept, and search and seize through the national vehicle arrest and control system.

Article 44 The traffic administrative department of the public security organ in the place of the case may request assistance in the investigation, report the traffic hit-and-run vehicle or detect clues by issuing a notice of cooperation, making public announcements to the public, etc. When issuing a consultation notice or making public announcement, the basic facts of the traffic hit-and-run case, the situation of the traffic hit-and-run vehicle, its characteristics and the direction of escape shall be provided.

Where a vehicle of the Chinese People's Liberation Army or the Chinese People's Armed Police Force is involved in a traffic hit-and-run, the traffic administrative department of the public security organ shall notify the relevant department of the Chinese People's Liberation Army or the Chinese People's Armed Police Force.

Article 45 The traffic administrative department of the public security organ that has received the notification of coordination shall immediately arrange for interception or investigation. Where a traffic hit-and-run vehicle or a suspected vehicle is found, it shall be detained, and the person involved in the traffic hit-and-run or the suspect who is consistent with the report of the investigation shall be summoned according to law, and the relevant situation shall be promptly notified to the traffic administrative department of the public security organ in the place of the case. The traffic administrative department of the local public security organ shall immediately send traffic police to handle the transfer.

Article 46 After the traffic management department of the public security organ has seized a traffic hit-and-run vehicle or a traffic hit-and-run suspect, it shall revoke the notification of cooperation and investigation according to the original scope, and revoke the control through the national vehicle arrest and control system.

Article 47 During the investigation of traffic hit-and-run cases by the traffic administrative department of the public security organ, where the victims of traffic hit-and-run cases and their families ask the traffic administrative department of the public security organ about the investigation of the case, in addition to the contents that should not be disclosed according to law, the traffic administrative department of the public security organ shall inform and make a good record.

Article 48 Where the road traffic accident social assistance fund management institution has already paid rescue expenses or funeral expenses for the victim, the traffic administrative department of the public security organ shall inform the road traffic accident social assistance fund management institution of the traffic hit-and-run driver in writing in a timely manner after the detection of the traffic accident case.

Section 4 Inspection and appraisal

Article 49 Where it is necessary to carry out inspection and appraisal, the traffic administrative department of the public security organ shall, in accordance with relevant provisions, entrust a qualified appraisal institution to carry out inspection and appraisal within three days from the date of the completion of the investigation at the scene of the accident.

A post-mortem examination shall be ordered within three days from the date of death. The inspection and appraisal of vehicles involved in traffic hit-and-run shall be entrusted within three days from the date of the arrest of the suspected vehicle.

If an inspection or appraisal is required three days after the completion of the on-site investigation, it shall be reported to the traffic administrative department of the public security organ at the next higher level for approval.

The appraisal of mental diseases shall be carried out by an appraisal institution qualified for the appraisal of mental diseases.

Article 50 The expenses of inspection and appraisal shall be borne by the traffic administrative department of the public security organ, except as otherwise provided by laws and regulations or where the parties themselves entrust disability assessment and property damage assessment.

Article 51 The traffic administrative department of the public security organ shall determine with the appraisal institution the time limit for the completion of the inspection and appraisal, and the time limit shall not exceed 30 days. If the period exceeds 30 days, it shall be reported to the traffic administrative department of the public security organ at the next higher level for approval, but the maximum period shall not exceed 60 days.

Article 52 No autopsy shall be conducted in public. If an autopsy is necessary to determine the cause of death, the consent of the family of the deceased shall be obtained. If the family members of the deceased do not agree to the autopsy of the body, with the approval of the head of the public security organ at or above the county level or the head of the traffic management department of the public security organ at the next higher level, the body may be dissected, and the family members of the deceased shall be notified to be present, and they shall sign the notice of autopsy.

If the family members of the deceased refuse to attend the scene or sign their names without justifiable reasons, the traffic police shall indicate it on the notice of autopsy. The unidentified body, unable to notify the family of the deceased, shall be recorded.

Article 53 After the autopsy report is confirmed, the family of the deceased shall be notified in writing to handle funeral matters within 10 days. Failure to do so without justifiable reasons shall be recorded and approved by the public security organ at or above the county level or the person in charge of the traffic management department of the public security organ at the next higher level, the public security organ or the traffic management department of the public security organ at the next higher level to dispose of the body, and the cost of overdue storage shall be borne by the family of the deceased.

If there is no family member, the family member is unknown, or the family member cannot be notified due to force majeure such as natural disasters, or the family member refuses to take it back after notification, the public security organ at or above the county level or the person in charge of the traffic management department of the public security organ at the next higher level can be handled in a timely manner.

For the unidentified body, the forensic medical examiner will extract personal identification materials, and take photos of the body and collect relevant information, and the traffic management department of the public security organ will fill in the unidentified body information registration form, and the identification notice will be published in the newspaper at or above the city level. If no claim is made 30 days after the publication, it may be handled in a timely manner with the approval of the public security organ at or above the county level or the head of the traffic management department of the public security organ at the next higher level.

If there is a special need for the time limit for disposing of the body due to religious customs or other reasons, it may be handled urgently upon the approval of the public security organ at or above the county level or the head of the traffic management department of the public security organ at the next higher level.

Article 54 The appraisal institution shall complete the inspection and appraisal within the prescribed time limit, and issue a written inspection report and appraisal opinion, which shall be signed by the expert, and the appraisal opinion shall also be stamped with the seal of the institution. The inspection report and appraisal opinion shall state the following matters:

(1) the principal;

(2) the date and matters of entrustment;

(3) Relevant materials submitted;

(4) the time of inspection and appraisal;

(5) Basis and concluding opinions, concluding opinions obtained through analysis, there should be an analysis and proof process.

The inspection report and appraisal opinion shall be accompanied by the qualification certificate of the appraisal institution and the appraiser or other supporting documents.

Article 55 The traffic administrative department of the public security organ shall examine the inspection report and appraisal opinion, and within five days from the date of receiving the inspection report and appraisal opinion, the copy of the inspection report and appraisal opinion shall be served on the party concerned, except in any of the following circumstances:

(1) the inspection and appraisal procedures are illegal or violate relevant professional and technical requirements, which may affect the fairness and objectivity of the inspection report and appraisal opinion;

(2) The appraisal institution or the appraiser does not have the qualification and conditions for appraisal;

(3) The inspection report and appraisal opinion are obviously based on insufficient evidence;

(4) Intentionally making a false appraisal;

(5) where the appraiser should have recused himself but failed to do so;

(6) The inspected materials are false or damaged, and the conditions for identification are not available;

(7) Other circumstances that may affect the fairness and objectivity of the inspection report and appraisal opinion.

Where the inspection report and appraisal opinion are in any of the circumstances specified in the preceding paragraph, upon approval by the person in charge of the traffic management department of the public security organ at or above the county level, the inspection and appraisal shall be re-commissioned within three days from the date of receipt of the inspection report and appraisal opinion.

Article 56 If the party has objections to the inspection report or appraisal opinion and applies for re-examination or appraisal, it shall submit a written application within three days from the date of delivery by the traffic administrative department of the public security organ. Upon approval by the person in charge of the traffic administrative department of the public security organ at or above the county level, the original case handling unit shall re-entrust the inspection or appraisal. If the inspection report and appraisal opinion do not meet the requirements of paragraph 1 of Article 55 of these Provisions, upon approval by the person in charge of the traffic management department of the public security organ at or above the county level, the original case handling unit shall make a decision not to approve the re-inspection and appraisal, and notify the applicant in writing within three days from the date of making the decision.

For the same inspection and appraisal item of the same traffic accident, the re-inspection and appraisal shall be limited to one time.

Article 57 Re-inspection and appraisal shall entrust another appraisal institution.

Article 58 Within five days from the date of confirmation of the inspection report and appraisal opinion, the traffic administrative department of the public security organ shall notify the party concerned to collect the detained accident vehicle.

The expenses incurred due to the detention of the vehicle shall be borne by the traffic administrative department of the public security organ that makes the decision, but the traffic administrative department of the public security organ shall notify the party to collect the vehicle, and the parking expenses incurred by the party who fails to collect the vehicle within the time limit shall be borne by the party itself.

If a vehicle is not picked up 30 days after notification to the party concerned and is still not picked up three months after public announcement, the detained vehicle shall be dealt with according to law.

Chapter VII identification and review

Section 1 Identification of road traffic accidents

Article 59 The identification of road traffic accidents should be clear facts, sufficient evidence, correct application of law, fair division of responsibilities, and legal procedures.

Article 60 The traffic administrative department of the public security organ shall determine the liability of the party concerned according to the role of the party's behavior in the occurrence of a road traffic accident and the severity of the fault.

(1) If a road traffic accident is caused by the fault of one party, the party shall bear full responsibility;

(2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear the primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their acts on the occurrence of the accident and the severity of the fault;

(3) None of the parties is at fault for causing a road traffic accident, and if it is a traffic accident, none of the parties shall be liable.

If a party intentionally causes a road traffic accident, the other party shall not be liable.

Article 61 A party shall bear full liability under any of the following circumstances:

(1) fleeing after a road traffic accident;

(2) Intentionally destroying or forging scenes or destroying evidence.

In order to avoid legal responsibility, the party abandoned the car and fled and hid, if there is evidence to prove that other parties are also at fault, the responsibility may be appropriately reduced, but there is also evidence to prove that the fleeing party has the circumstances of the second paragraph of the first paragraph, shall not be reduced.

Article 62 The traffic administrative department of the public security organ shall, within 10 days from the date of on-site investigation, prepare a road traffic accident confirmation letter. In the case of traffic hit-and-run, a road traffic accident identification report shall be made within 10 days after the vehicle and the driver of the traffic accident are seized. Where it is necessary to carry out inspection and appraisal, a road traffic accident confirmation letter shall be made within five days from the date of confirmation of the inspection report and appraisal opinion.

Where conditions permit, the traffic management department of the local public security organ may publish the road traffic accident confirmation letter on the Internet on a trial basis, but the state secrets, commercial secrets or personal privacy involved shall be kept confidential.

Article 63 After a death accident or a complicated or difficult injury accident occurs, the traffic administrative department of the public security organ shall, before making a road traffic accident confirmation letter or road traffic accident certificate, summon all parties to the scene and make public the evidence obtained by investigation.

If the witness requests confidentiality or involves state secrets, commercial secrets or personal privacy, the provisions of relevant laws and regulations shall be implemented.

If the party does not appear, the traffic administrative department of the public security organ shall make a record.

Article 64 The road traffic accident confirmation letter shall contain the following contents:

(a) the road traffic accident parties, vehicles, roads and traffic environment and other basic information;

(2) the road traffic accident occurred;

(3) Evidence of road traffic accidents and analysis of causes of accidents;

(4) the fault and responsibility of the party causing the road traffic accident or the cause of the accident;

(5) The name and date of the traffic management department of the public security organ that made the road traffic accident determination.

The written confirmation of road traffic accidents shall be signed or sealed by the traffic police and stamped with the special seal for handling road traffic accidents by the traffic administrative department of the public security organ.

Article 65 The road traffic accident confirmation letter shall be served on the parties within three days after the production, and inform the right to apply for review, mediation and civil litigation, and the time limit.

After receiving the written confirmation of the road traffic accident, the parties may consult, copy and extract the evidentiary materials of the road traffic accident handled by the traffic administrative department of the public security organ, but if the witness requests confidentiality or involves state secrets, commercial secrets and personal privacy, the provisions of relevant laws and regulations shall be implemented. The traffic administrative department of the public security organ shall affix the special seal for accident handling of the traffic administrative department of the public security organ to the evidentiary materials copied by the parties.

66th traffic hit-and-run case has not been solved, the injured party to issue a road traffic accident certification, the public security organ traffic management department shall, within 10 days after receiving the written application of the parties, in accordance with Article 61 of these provisions to determine the responsibility of the parties, prepare a road traffic accident certification, and serve the injured party. The road traffic accident confirmation letter shall contain the time and place of the accident, the victim's situation and the facts obtained from the investigation, as well as the responsibility of the injured party.

After the detection of a traffic hit-and-run case, where the road traffic accident confirmation letter has been made in accordance with the provisions of the preceding paragraph, the responsibility shall be re-determined in accordance with Article 61 of these provisions, the road traffic accident confirmation letter shall be made, and the parties shall be served separately. In addition to the contents stipulated in Article 64 of these provisions, the remade road traffic accident confirmation letter shall also indicate the cancellation of the original road traffic accident confirmation letter.

Article 67 Where the basic facts of a road traffic accident cannot be ascertained and the cause of the accident cannot be determined, the traffic administrative department of the public security organ shall issue a road traffic accident certificate, indicating the time and place of the road traffic accident, the situation of the parties and the facts obtained from the investigation, serve the parties respectively, and inform them of the right to apply for review, mediation and the time limit for bringing a civil lawsuit.

Article 68 If the parties or key witnesses of the accident are in a state of rescue or cannot obtain evidence in time due to other objective reasons, and the existing evidence is not enough to determine the basic facts of the case, the calculation of the time limit for the identification of the road traffic accident may be suspended with the approval of the traffic administrative department of the public security organ at the next higher level, and the parties or their agents shall be notified in writing. However, the period of suspension shall not exceed 60 days.

When the reasons for suspension of identification disappear, or the injured person is still unable to accept the investigation after the suspension period, the traffic administrative department of the public security organ shall, within five days, make a road traffic accident identification letter or issue a road traffic accident certificate based on the evidence obtained from the investigation.

Article 69 Where an injury accident meets the following conditions and all parties unanimously apply in writing for speedy handling, upon the approval of the person in charge of the traffic management department of the public security organ at or above the county level, a road traffic accident confirmation letter may be made within five days from the date of application by the parties based on the evidence already obtained:

(1) the party concerned is not suspected of a traffic accident or dangerous driving crime;

(2) The basic facts and causes of road traffic accidents are clear, and the parties have no objections.

Article 70 For parties whose identities have not yet been identified, the traffic management department of the public security organ shall indicate it in the road traffic accident identification letter or road traffic accident certificate, and prepare a written supplementary statement to serve on all parties after the identity information is identified.

Section 2 Review

Article 71 Where a party has objections to the identification of a road traffic accident or the issuance of a road traffic accident certificate, it may submit a written application for review within three days from the date of service of the road traffic accident certificate or the road traffic accident certificate. If a party submits an application for review within the time limit, it shall not be accepted and shall notify the applicant in writing.

The application for review shall state the request for review, its reasons and main evidence. The review of the same accident is limited to one time.

Article 72 Where the applicant for review submits the application for review through the traffic administrative department of the public security organ that has made the road traffic accident identification, the traffic administrative department of the public security organ that has made the road traffic accident identification shall, within two days from the date of receiving the review application, transfer the review application together with the relevant materials of the road traffic accident to the traffic administrative department of the public security organ at the next higher level.

Where the applicant for review directly submits the application for review to the traffic administrative department of the public security organ at the next higher level, the traffic administrative department of the public security organ at the next higher level shall notify the traffic administrative department of the public security organ that has made the road traffic accident identification to submit the case file materials within five days from the date of receipt of the notice.

Article 73 Except where the parties submit the application for review within the time limit, the date on which the traffic administrative department of the public security organ at the next higher level receives the application for review shall be the date of acceptance.

Article 74 The traffic administrative department of the public security organ at the next higher level shall, within 30 days from the date of accepting the application for review, review the following contents and make a review conclusion:

(1) whether the facts identified in the road traffic accident are clear, whether the evidence is indeed sufficient, whether the applicable law is correct, and whether the division of responsibilities is fair;

(2) whether the road traffic accident investigation and identification procedures are legal;

(3) Whether the road traffic accident certificate is in compliance with the regulations.

In principle, the review shall take the form of written review, but when the parties make a request or the traffic management department of the public security organ considers it necessary, all parties may be summoned to the scene to listen to the opinions of all parties.

There shall be no less than two traffic policemen handling the review cases.

Article 75 During the review period, if the applicant applies for cancellation of the review, the traffic management department of the public security organ shall terminate the review and notify the parties in writing.

After accepting the application for review, if any party files a lawsuit with the people's court on the accident and is accepted by the people's court, the traffic administrative department of the public security organ shall inform the relevant people's court of the relevant information on accepting the application for review of the party.

After accepting the application for review, if the people's Procuratorate makes a decision to approve the arrest of the suspect of a traffic accident, the traffic administrative department of the public security organ shall inform the relevant people's procuratorate of the relevant situation of accepting the application for review of the parties.

Article 76 Where the traffic administrative department of the public security organ at the next higher level considers that the facts of the original road traffic accident identification are clear, the evidence is indeed sufficient, the application of the law is correct, the division of responsibilities is fair, and the procedure is legal, it shall make a review conclusion to maintain the original road traffic accident identification.

If the traffic administrative department of the public security organ at the next higher level considers that there are defects in the investigation and identification procedures, but it does not affect the identification of road traffic accidents, after ordering the original case handling unit to make corrections or make reasonable explanations, it may make a review conclusion that maintains the original identification of road traffic accidents.

If the traffic management department of the public security organ at the next higher level believes that the original road traffic accident has one of the following circumstances, it shall make a review conclusion of ordering the original case handling unit to re-investigate and confirm:

(1) The facts are unclear;

(2) The main evidence is insufficient;

(3) the application of the law is wrong;

(4) the division of responsibilities is unjust;

(5) investigation and determination of violations of legal procedures may affect the identification of road traffic accidents.

Article 77 After reviewing the original road traffic accident certificate, the traffic administrative department of the public security organ at the next higher level shall deal with it according to the following provisions:

(a) that the cause of the accident can not be ascertained, should be made to maintain the original road traffic accident certificate review conclusion;

(2) If it is considered that the cause of the accident still needs further investigation, the original case handling unit shall be ordered to re-investigate and confirm the review conclusion.

Article 78 The traffic management department of the public security organ at the next higher level shall deliver the review conclusion to the parties within three days after making the review conclusion. If the traffic management department of the public security organ considers it necessary, it shall convene all parties and announce the conclusion of the review on the spot.

Article 79 After the traffic administrative department of the public security organ at the next higher level has made a review conclusion of ordering a new investigation and identification, the original case handling unit shall, within ten days, make a new investigation in accordance with these provisions, make a new identification of the road traffic accident, and revoke the original road traffic accident identification or the original road traffic accident certificate.

Where a new investigation requires inspection and appraisal, the original case-handling unit shall, within five days from the date of the confirmation of the inspection report and appraisal opinion, make a new road traffic accident identification.

Where a new road traffic accident determination is made, the original case handling unit shall serve it on all parties and report it to the traffic management department of the public security organ at the next level for the record.

Article 80 The traffic management department of the public security organ at the higher level may set up a road traffic accident review committee, which is composed of the traffic police who handle the review case together with representatives of relevant industries, social experts and scholars, etc., to be responsible for the review of the case, and make the review conclusion in the name of the traffic management department of the public security organ at the higher level.

Chapter VIII Execution of Punishment

Article 81 The traffic administrative department of the public security organ shall, in accordance with the Provisions on the Procedures for Handling Illegal Acts of Road Traffic Safety, punish the parties for their illegal acts of road traffic safety according to law.

Article 82 Where the occurrence of a road traffic accident constitutes a crime and the driver's motor vehicle driving license should be revoked according to law, the traffic administrative department of the municipal public security organ divided into districts shall revoke the motor vehicle driving license according to law after the people's court makes a guilty judgment. In case of escape at the same time, the traffic management department of the public security organ shall at the same time make a decision not to re-obtain a motor vehicle driving license for life in accordance with the law.

Article 83 Where an accident involving three or more people at a time occurs twice within six months in a professional transport unit, and the unit or the driver of the vehicle bears full or main responsibility for the accident, the traffic administrative department of the public security organ in the place where the professional transport unit is located shall, after approval by the traffic administrative department of the public security organ of the city divided into districts, make a decision to order the elimination of hidden safety hazards within a time limit. It shall prohibit motor vehicles that have not eliminated potential safety hazards from running on roads, and notify the relevant administrative departments of the people's governments where road traffic accidents occur and where transport units are located.

Chapter IX Mediation of damages

Article 84 The parties may settle disputes over compensation for damage caused by road traffic accidents in the following ways:

(1) Apply to a people's mediation committee for mediation;

(2) Apply for mediation by the traffic administrative department of the public security organ;

(3) To bring a civil suit in a people's court.

Article 85 The parties apply to a people's mediation committee for mediation, and after reaching a mediation agreement, the parties may jointly apply to a people's court for judicial confirmation in accordance with the People's Mediation Law of the People's Republic of China if they consider it necessary.

If the parties apply to a people's mediation committee for mediation and no agreement is reached through mediation, the parties may directly file a civil suit with a people's court, or, within three days from the date when the people's mediation committee terminates mediation, unanimously apply in writing to the traffic administrative department of the public security organ for mediation.

Article 86 Where the parties apply for mediation by the traffic administrative department of the public security organ, they shall, within 10 days from the date of receipt of the road traffic accident confirmation letter, road traffic accident certificate or the review conclusion of the traffic administrative department of the public security organ at the next higher level, maintain the original road traffic accident confirmation.

If the parties apply to the traffic administrative department of the public security organ for mediation, and no agreement is reached in the mediation, the parties may file a civil suit in a people's court according to law, or apply to a people's mediation committee for mediation.

Article 87 The traffic administrative department of the public security organ shall, in accordance with the principles of legality, fairness, voluntariness and timeliness, conduct mediation of compensation for damage caused by road traffic accidents.

Mediation of compensation for damage caused by road traffic accidents shall be conducted in public, except where the parties apply not to make it public.

Article 88 The traffic administrative department of the public security organ shall agree with the parties on the time and place of mediation and notify the parties three days before the time of mediation. The oral notice shall be recorded in the mediation record.

If the participants in mediation cannot participate in mediation on time for any reason, they shall notify the traffic police one day before the scheduled mediation time and request to change the mediation time.

Article 89 Persons participating in the mediation of damages shall include:

(1) Parties to a road traffic accident and their agents;

(2) the owner or manager of a vehicle involved in a road traffic accident;

(3) Personnel of insurance companies that underwrite motor vehicle insurance;

(4) Other personnel deemed necessary by the traffic management department of the public security organ to participate.

The entrusted agent shall issue a power of attorney signed or sealed by the principal. The power of attorney shall set forth the entrusted matters and the limits of authority.

Each party shall not have more than three persons participating in the mediation of damages.

Article 90 After accepting the application for mediation, the traffic administrative department of the public security organ shall start mediation in accordance with the following date:

(1) If death is caused, from the day when the prescribed time for handling funeral matters ends;

(2) from the date of termination of treatment for injuries caused to persons;

(3) If he becomes disabled due to injury, from the date of determination of disability;

(4) Property losses, from the date of determination of losses.

When the traffic administrative department of the public security organ accepts the application for mediation, the time specified in the preceding paragraph has exceeded, and the mediation shall begin from the date of accepting the application for mediation.

The traffic administrative department of the public security organ shall, within 10 days from the date of mediation, prepare a conciliation statement on road traffic accident damage compensation or a conciliation statement on road traffic accident damage compensation.

Article 91 Traffic police mediation of compensation for damage caused by road traffic accidents shall be carried out in accordance with the following procedures:

(1) informing the parties of their rights and obligations;

(2) To hear the requests of the parties and their reasons;

(3) Determine the liability for damages borne by the parties according to the facts identified in the road traffic accident identification letter and the provisions of Article 76 of the Road Traffic Safety Law of the People's Republic of China;

(4) Calculating the amount of damages and determining the proportion to be borne by the parties; The standard of compensation for personal injury shall be implemented in accordance with the relevant provisions of the Tort Liability Law of the People's Republic of China, the Interpretation of the Supreme People's Court on Several Issues of the Law Applicable to the Trial of Personal Injury Compensation Cases, and the Interpretation of the Supreme People's Court on Several Issues of the Law Applicable to the Trial of Road Traffic Accident Damage Compensation Cases, etc. The cost of repairing the property damage and the cost of compensating for the loss shall be calculated according to the actual value or the evaluation conclusion of the evaluation institution;

(5) Determining the method and time limit for the performance of compensation.

Article 92 Where it is necessary to conduct disability assessment or property loss assessment in order to determine the amount of damages, the parties shall determine through consultation a qualified institution to carry out the assessment, but where the amount of property loss is huge and criminal offences are suspected, the traffic management department of the public security organ shall entrust it.

The expenses incurred by a party for entrusting a disability assessment or property damage assessment shall be borne by the party concerned.

Article 93 Where an agreement is reached through mediation, the traffic administrative department of the public security organ shall make a conciliation statement on the spot for compensation for damage caused by a road traffic accident, which shall be signed by all parties and served on all parties respectively.

The conciliation statement shall state the following:

(1) the basis for mediation;

(2) the basic facts and losses of the road traffic accident confirmation;

(3) the items and amount of compensation for damages;

(4) the liability and proportion of each party for damages;

(5) the method and time limit for the performance of compensation;

(6) The date of mediation.

If the parties to the mediation fail to reach an agreement, the traffic management department of the public security organ shall terminate the mediation, prepare a final mediation letter for road traffic accident damage compensation, and serve it on the parties.

Article 94 Under any of the following circumstances, the traffic management department of the public security organ shall terminate the mediation and put it on record:

(1) During the period of mediation, one of the parties files a civil suit in a people's court;

(2) A party does not participate in the mediation without justifiable reasons;

(3) One party withdraws from the mediation process.

Article 95 Where conditions permit, the traffic administrative department of the local public security organ may, in conjunction with relevant departments, set up service places for road traffic accident insurance claims settlement.

Chapter X Handling of foreign-related road traffic accidents

Article 96 Where a foreigner has a road traffic accident within the territory of the People's Republic of China, in addition to the implementation of these provisions, it shall also be implemented in accordance with the relevant laws, regulations and rules for handling foreign-related cases.

When dealing with road traffic accidents involving foreigners, the traffic administrative department of the public security organ shall inform the parties concerned of their rights and obligations in dealing with road traffic accidents as prescribed by Chinese laws, regulations and rules.

Article 97 Foreigners who are involved in any of the following road traffic accidents shall not be allowed to leave the country:

(1) suspected of committing a crime;

(2) where the people's court has decided not to allow the country to leave the country due to an unresolved case of compensation for damage caused by a road traffic accident;

(3) Other circumstances in which departure from China is not permitted under laws and administrative regulations.

Article 98 Where a foreigner has a road traffic accident and bears full or main responsibility, the traffic administrative department of the public security organ shall inform the right holder of road traffic accident damage compensation that he may file a request to the people's court for taking pre-litigation preservation measures.

Article 99 The traffic administrative department of the public security organ shall, in handling road traffic accidents, use the spoken and written languages commonly used in the People's Republic of China. Translation shall be provided for those who are not familiar with the Chinese language; If the party is familiar with the Chinese language and does not need translation, it shall issue a written statement.

With the approval of the traffic administrative department of the public security organ, foreigners may hire translators on their own, and the translation fees shall be borne by the parties concerned.

Article 100 Persons enjoying diplomatic privileges and immunities shall take the initiative to produce valid identity documents when a road traffic accident occurs, and where the traffic police consider it necessary to impose a penalty of temporary seizure or revocation of a motor vehicle driving license, they may detain their motor vehicle driving license. Where it is necessary to investigate a person enjoying diplomatic privileges and immunities, an interview may be conducted, and the conversation shall be limited to matters relating to road traffic accidents. Where a vehicle needs to be inspected or appraise, the traffic administrative department of the public security organ shall obtain its consent and return it immediately after the inspection or appraisal.

The traffic administrative department of the public security organ shall, on the basis of the collected evidence, prepare a written confirmation of road traffic accident and serve it on the party concerned. If there is no institution to which the party belongs or the institution to which the party belongs is unclear, it shall be forwarded and served by the diplomatic or consular mission of the country to which the party belongs.

Persons enjoying diplomatic privileges and immunities shall cooperate with the investigation, inspection and appraisal conducted by the traffic administrative department of the public security organ. For those who, after verification, really enjoy diplomatic privileges and immunities but do not agree to accept the investigation or inspection or appraisal, the traffic management department of the public security organ shall put the relevant situation on record, and the matter of damage compensation shall be resolved through diplomatic channels.

Article 101 Where the traffic administrative department of the public security organ deals with the death of a foreigner who enjoys diplomatic privileges and immunities, it shall put on record the basic information of the foreigner, such as his identity, documents, the accident, the consequences of the damage, and so on, and promptly notify the foreign affairs department of the provincial people's government and the embassy or consulate of the foreigner's country in China.

Article 102 Where a road traffic accident occurs to a member of a foreign consular agency, an international organization, or a representative office of an international organization in China enjoying privileges and immunities, the traffic administrative department of the public security organ shall, with reference to the provisions of Articles 100 and 101 of these Provisions, handle the accident. Except where there are different provisions in the Regulations of the People's Republic of China on Consular Privileges and Immunities, international conventions to which China has acceded, and agreements concluded between China and relevant countries or international organizations.

Chapter XI Supervision of Law Enforcement

Article 103 The police supervision department of the public security organ may, according to law, conduct on-site supervision of the traffic management department of the public security organ and its traffic police in handling road traffic accidents, and investigate and punish violations of discipline and law.

The traffic administrative department of the public security organ at the higher level shall supervise the traffic administrative department of the public security organ at the lower level in handling road traffic accidents, and shall promptly correct the mistakes found and cause serious consequences, and investigate the responsibilities of the relevant personnel according to discipline and law.

Article 104 When dealing with road traffic accidents, the traffic administrative department of the public security organ and its traffic police shall make public their working systems and procedures, establish a system of police discipline supervisors, and consciously accept the supervision of the society and the masses.

Any unit or individual shall have the right to report or accuse the traffic administrative department of the public security organ and its traffic police of failing to handle road traffic accidents strictly and fairly according to law, taking advantage of their positions to accept property from others or seek other benefits, engaging in malpractices for personal gain, abusing their power, dereliction of duty, and other violations of discipline and law. The organ that receives the report or accusation shall promptly investigate and handle it in accordance with its functions and duties.

Article 105 When investigating and dealing with road traffic accidents, traffic policemen or inspection and appraisal personnel of public security organs shall withdraw under any of the following circumstances:

(1) he is a party to the case or a close relative of the party;

(2) He or his close relatives have an interest in the case;

(3) Having other relations with a party to the case, which may affect the fair handling of the case.

Where the traffic police or the inspection and appraisal personnel of the public security organ need to withdraw, the person in charge of the traffic management department of the public security organ at the same level or the public security organ to which the inspection and appraisal personnel belong shall decide. Where the person in charge of the traffic management department of the public security organ needs to withdraw, the person in charge of the traffic management department of the public security organ or the person in charge of the traffic management department of the public security organ at the next higher level shall decide.

The traffic administrative department of the public security organ shall make a decision within two days and notify the applicant of the withdrawal application submitted by the parties.

Article 106 Where the people's court or people's procuratorate needs the traffic administrative department of the public security organ to provide relevant evidence for the trial or review of a road traffic accident case, the traffic administrative department of the public security organ shall, within three days from the date of receiving the letter of certiorari, or in accordance with its time limit, transfer the original investigation materials of the road traffic accident case to the people's court or the people's procuratorate.

Article 107 The traffic administrative department of the public security organ shall commend and reward the persons and units that provide effective clues or assistance to the vehicles and persons involved in traffic hit-and-run accidents.

Where the traffic administrative department of the public security organ and its traffic police do not cooperate with the cooperation investigation and cause serious consequences after receiving the notification, the public security organ or the traffic administrative department of the public security organ at a higher level shall investigate the responsibility of the relevant personnel and the competent leadership of the unit.

Chapter XII Supplementary Provisions

Article 108 The regulations on the management of qualification levels for handling road traffic accidents shall be formulated separately by the Ministry of Public Security, and the style of qualification certificates shall be unified throughout the country.

Article 109 The traffic administrative department of the public security organ shall set up billboards marked with the name of the traffic administrative department of the public security organ in the jurisdiction and the telephone number of the road traffic accident alarm on the national, provincial or county roads at the border of the neighboring province, city (locality) or county, as well as on the road sections where the traffic flow is concentrated within the jurisdiction.

Article 110 Where an accident occurs when a vehicle passes outside the road and the traffic administrative department of the public security organ receives a report, it shall be dealt with by reference to these Provisions. Those suspected of committing crimes shall be promptly transferred to the relevant departments.

Article 111 The models of legal documents required for the implementation of these provisions shall be formulated by the Ministry of Public Security. The Ministry of Public Security has not formulated a model, and other legal documents needed in law enforcement work can be formulated by provincial public security organs.

If the parties negotiate the matter of compensation for damages on their own, they may make an agreement on their own, provided that it shall comply with the provisions of Article 21 of these provisions on the contents of the agreement.

Article 112 The meanings of the following terms in these Provisions are:

(1) "traffic hit-and-run" refers to the act of driving or abandoning a vehicle to flee from the scene of a road traffic accident or absconding and hiding after a road traffic accident occurs in order to avoid legal responsibility.

(2) "In-depth investigation" refers to the activities aimed at effectively preventing road traffic accidents, carrying out extended investigations into the deep-seated causes of road traffic accidents and road traffic safety-related factors, analyzing and finding safety hazards and management loopholes, and putting forward opinions and suggestions on solving problems from the source.

(3) "confirmation of inspection report and appraisal opinion" means that within three days from the date of delivery of the copy of the inspection report and appraisal opinion to the party, the party does not apply for re-inspection or appraisal, and the traffic management department of the public security organ approves re-inspection or appraisal, and the appraisal agency issues the inspection report or appraisal opinion.

(4) "Foreigners" means persons who do not hold Chinese nationality.

(5) The "one day", "two days", "three days", "five days" and "ten days" mentioned in these Provisions refer to working days, excluding holidays.

(6) The terms "above" and "below" as used in these Provisions include this number.

(7) "traffic administrative department of public security organs at or above the county level" refers to the traffic administrative department of public security organs of the people's government at or above the county level or the traffic administrative department of public security organs at the same level.

(8) "traffic administrative department of public security organs of a city divided into districts" means the traffic administrative department of public security organs of the people's government of a city divided into districts or the traffic administrative department of public security organs at the same level.

(9) "Public security organ of a city divided into districts" means the public security organ of the people's government of a city divided into districts or a public security organ at the same level.

Article 113 The procedures for handling road traffic accident cases not provided for in these provisions shall be implemented in accordance with the relevant provisions of the Provisions on the Procedures for Handling Administrative Cases of Public Security Organs and the Provisions on the Procedures for Handling Criminal Cases of Public Security Organs.

Article 114 These Provisions shall come into force as of May 1, 2018. The Provisions on Road Traffic Accident Handling Procedures issued on August 17, 2008 (Ministry of Public Security Order No. 104) shall be repealed simultaneously.