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, its implementing regulations and other relevant laws and regulations in order to standardize the procedures for handling road traffic accidents, ensure the traffic administrative department of public security organs to perform their duties according to law, and protect the legitimate rights and interests of the parties involved in road traffic accidents.

Article 2 The traffic administrative department of the public security organ shall follow the principles of fairness, openness, convenience and high efficiency in handling road traffic accidents.

Article 3 Traffic policemen shall obtain corresponding qualifications for handling road traffic accidents.

Chapter II Jurisdiction

Article 4 Road traffic accidents shall be under the jurisdiction of the traffic administrative department of the county-level public security organ where the accident occurred. If the traffic administrative department of the county-level public security organ is not established, it shall be under the jurisdiction of the traffic administrative department of the municipal public security organ with districts.

Article 5 If a road traffic accident occurs in two or more jurisdictions, it shall be under the jurisdiction of the traffic management department of the public security organ where the accident occurred.

If the jurisdiction is disputed, it shall be designated by the traffic management department of the public security organ at the next higher level. Before delimiting the jurisdiction, the traffic administrative department of the public security organ that first found or received the alarm should first rescue the injured and make preliminary treatment at the scene.

Article 6 When necessary, the traffic administrative department of the public security organ at a higher level may handle road traffic accidents under the jurisdiction of the traffic administrative department of the public security organ at a lower level, or may designate the traffic administrative department of the public security organ at a lower level to transfer the case to other traffic administrative departments of the public security organ at a lower level for handling.

If the jurisdiction of a case is transferred, the time limit for handling the case shall be counted from the date of transfer.

Seventh soldiers, armed police personnel and vehicles in road traffic accidents, in accordance with these provisions. If active servicemen need to be given administrative sanctions or investigated for criminal responsibility, they shall be handed over to the relevant departments of the army and the armed police force for handling.

Chapter III Alarm and Acceptance

Eighth road traffic accidents in any of the following circumstances, the parties shall protect the scene and immediately report to the police:

(a) Causing death or injury;

(2) In the event of a property loss accident, the parties have disputes over the facts or reasons, although there is no dispute over the facts or reasons, but no agreement has been reached on damages through consultation;

(three) the motor vehicle has no license plate, inspection mark or insurance mark;

(four) vehicles carrying explosives, inflammable and explosive chemicals, toxic, radioactive, corrosive, infectious disease pathogens and other dangerous goods;

(five) collision with buildings, public facilities or other facilities;

(six) the driver does not have a valid motor vehicle driving license;

(seven) the driver is suspected of drinking alcohol or taking psychotropic drugs and narcotic drugs under state control;

(eight) the parties cannot move the vehicle by themselves.

In case of property damage accident, if the vehicle is able to move under any of the circumstances mentioned in Items (2) to (5) of the preceding paragraph, the parties concerned can take photos of the scene or mark the parking position after reporting to the police, and move the vehicle to a place that does not hinder traffic.

Article 9 When a road traffic accident occurs on the expressway, the driver must immediately organize the personnel on board to evacuate to a safe place off the road under the principle of ensuring safety, so as to avoid a second accident. If the driver has been killed or injured in a road traffic accident and cannot move, other people in the car should organize their own evacuation.

Tenth public security organs and traffic management departments shall record the following contents after receiving the road traffic accident alarm:

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

(two) the time and place of the road traffic accident;

(3) casualties;

(4) Vehicle type, quantity, whether dangerous goods are carried, types of dangerous goods, etc. ;

(5) Suspected of escaping from a traffic accident, the model, color, characteristics, escape direction and physical characteristics of the driver of the accident vehicle shall also be inquired and recorded.

If the police don't say their names, they should put them on record. If the police won't reveal his name, he should keep it a secret.

Eleventh traffic management departments of public security organs shall immediately send traffic police to the scene after receiving the road traffic accident alarm or alarm instructions. In case of casualties or other emergencies, relevant departments such as first aid, medical treatment and fire control shall be notified in time. In case of an accident with more than three deaths or other road traffic accidents with great influence, it shall immediately report to the traffic management department of the public security organ at the next higher level and report to the local people's government through its subordinate public security organs; Involving vehicle operation, notify the relevant administrative departments of the local people's government; Involving explosives, flammable and explosive chemicals, toxic, radioactive, corrosive, infectious disease pathogens and other dangerous goods, it should immediately report to the local people's government through the public security organs, and notify the relevant departments to deal with them in time; If roads, power supply, communications and other facilities are damaged, the relevant departments should be notified to deal with them in time.

Article 12 If a party fails to report to the police at the scene of a road traffic accident and requests the traffic administrative department of the public security organ to handle it afterwards, the traffic administrative department of the public security organ shall record it in accordance with the provisions of Article 10 of these Provisions and make a decision on whether to accept it within three days. After verifying the facts of road traffic accidents, the traffic administrative department of the public security organ shall accept and inform the parties concerned; If the facts of road traffic accidents cannot be established after verification, or are not under the jurisdiction of the traffic administrative department of the public security organ, the parties concerned shall be informed in writing and the reasons shall be explained.

Chapter IV Self-consultation and Summary Procedure

Thirteenth motor vehicles and motor vehicles, motor vehicles and non-motor vehicles property damage accidents, the parties have no dispute about the facts and reasons, you can negotiate to deal with damage compensation. If the vehicle can be moved, under the principle of ensuring safety, the parties concerned should leave the scene immediately after taking photos of the scene or marking the location of the accident vehicle, and then move the vehicle to a place that does not hinder traffic, and then negotiate.

If a property loss accident occurs between a non-motor vehicle and a non-motor vehicle or pedestrian, and the basic facts and reasons are clear, the parties concerned shall evacuate the scene first and then negotiate compensation.

If the party concerned should leave the scene but fails to do so, the traffic police shall order the party concerned to leave the scene; Causing traffic jams, the driver shall be fined in 200 yuan; Drivers who commit other road traffic safety violations shall be punished according to law.

Article 14 In case of the situation specified in Article 13 of these Provisions, if the parties reach an agreement through consultation, they shall fill in the Agreement on Compensation for Road Traffic Accidents and sign it together. The contents of the damage compensation agreement include time, place, weather, name of the parties, motor vehicle driver's license number, contact information, motor vehicle type and number plate, insurance certificate number, accident form, collision location, liability for compensation, etc.

Article 15 The traffic administrative department of the public security organ may apply summary procedures to deal with property loss accidents that only cause minor injuries to personnel or have the circumstances in Items (2) to (8) of Paragraph 1 of Article 8 of these Provisions, except those suspected of causing traffic accidents.

If the summary procedure is applied, it can be handled by the traffic police.

Article 16 When handling road traffic accidents with summary procedures, the traffic police shall, after fixing the evidence at the scene, order the parties concerned to leave the scene and resume traffic. Refused to leave the scene and was forced to evacuate; If the parties are unable to move the vehicle by themselves, the traffic police shall move the vehicle to a place that does not hinder traffic. In the case of Item 7 of Paragraph 1 of Article 8 of these Provisions, it shall be handled in accordance with the provisions of Article 104th of the Regulations for the Implementation of the Road Traffic Safety Law.

After leaving the scene, the traffic police shall identify and record the time, place, weather, name of the party concerned, motor vehicle driver's license number, contact information, motor vehicle type and license plate, insurance certificate number, traffic accident form and collision location. According to the fixed evidence at the scene and the descriptions of the parties and witnesses, the road traffic accident is identified. , and according to the behavior of the parties to the road traffic accident and the severity of the fault, determine the responsibility of the parties, and make a road traffic accident confirmation signed by the parties.

Seventeenth parties * * * put forward a request for mediation, the traffic police should mediate on the spot, and record the mediation results in the "road traffic accident confirmation", signed by the parties and delivered to the parties.

Eighteenth in any of the following circumstances, mediation is not applicable, and the traffic police can deliver the road traffic accident certificate to the parties after the relevant information is stated in the road traffic accident certificate:

(a) the parties have objections to the identification of road traffic accidents;

(two) the parties refused to sign the road traffic accident certificate;

(3) The parties do not agree to mediation.

Chapter V Investigation

Section 1 General Provisions

Nineteenth in addition to the application of summary procedures, the traffic management department of the public security organ shall not be less than two traffic policemen when investigating road traffic accidents.

When investigating, the traffic police shall show the people's police card to the investigated person, inform the investigated person of his rights and obligations according to law, and send a contact card to the parties. The contact card has the name, office address, contact information and supervision telephone number of the traffic police.

Twentieth traffic police should collect evidence objectively, comprehensively, timely and legally when investigating road traffic accidents.

Section 2 Site Treatment and Site Investigation

Twenty-first traffic police arrived at the scene of the accident, should immediately carry out the following work:

(1) Delineate warning areas, place luminous or reflective cones and warning signs within a safe distance, designate special personnel to be responsible for on-site traffic command and guidance, and maintain good road traffic order. If traffic is interrupted due to road traffic accidents or the need to take traffic control measures such as closed roads for on-site disposal and exploration, oncoming vehicles should be diverted at the scene of the accident in advance, and bypass signs should be set up to avoid traffic jams.

(2) Organizing the rescue of the injured;

(3) directing exploration and rescue vehicles to park in places convenient for rescue and exploration, turning on warning lights, and turning on hazard warning flashlights and position indicator lights at night;

(four) to find the parties and witnesses of road traffic accidents and control the suspects.

Twenty-second road traffic accidents that cause death shall be confirmed by first aid and medical personnel, and a death certificate shall be issued by a medical institution. The remains shall be stored in funeral service units or medical institutions with funeral conditions.

Twenty-third traffic police should investigate the scene of the accident and do the following work:

(1) Investigate the scene of the accident, and find out the accident vehicles, parties, roads and their air relations as well as the weather conditions at the time of the accident;

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

(three) to find the parties and witnesses to ask, and make a record of the inquiry;

(4) Other investigations.

Article 24 When investigating the scene of a road traffic accident, the traffic police shall, in accordance with the provisions of relevant laws and standards, take photos of the scene, draw a scene map, extract traces of physical evidence, and make a record of on-site investigation. In the event of a road traffic accident in which more than three people are killed, live video should be broadcast.

The site map and the record of site investigation shall be signed by the traffic police, the parties concerned or the witnesses who participated in the investigation. If a party or witness refuses to sign or cannot sign without a witness, it shall be recorded.

Twenty-fifth due to time, place, weather and other reasons, traces of physical evidence may be lost, the traffic police should promptly repair, extract or save.

If the driver of a vehicle is suspected of drinking alcohol or taking psychotropic drugs or narcotic drugs under state control, the traffic administrative department of the public security organ shall draw blood or take urine samples in time in accordance with the procedures for handling road traffic safety violations and send them to institutions with inspection qualifications for inspection; If the driver of a motor vehicle dies on the spot, he shall have a blood test in time.

Twenty-sixth traffic police should check the identity documents, motor vehicle driving license, motor vehicle driving license, insurance signs, etc. ; Traffic accident suspects can be summoned according to law.

Twenty-seventh traffic police after investigating the scene of the accident, should count the items left at the scene, quickly organize to clean up the scene, and resume traffic as soon as possible.

Items that can be returned on the spot shall be returned on the spot and recorded; If the owner cannot be determined at the scene, it shall be properly kept and returned in time after the owner is determined.

Twenty-eighth because of the need to collect evidence, the traffic administrative department of the public security organ may detain the accident vehicle and motor vehicle driver's license, and issue a certificate of administrative compulsory measures. Detained vehicles and motor vehicle driving licenses shall be properly kept.

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 driver of the motor vehicle or the owner of the goods to handle it by himself. If it is impossible to notify the party concerned or the party concerned fails to handle it by himself, it shall be handled in accordance with the relevant provisions of the Procedures of Public Security Organs for Handling Administrative Cases.

Article 29 In order to collect evidence, the traffic administrative department of the public security organ may detain the articles related to the accident and issue a list of the detained articles in duplicate, one for the holder and one as an annex. The seized articles shall be properly kept.

The detention period shall not exceed 30 days. If the circumstances are serious and complicated, it may be extended for thirty days with the approval of the person in charge of the public security organ at the same level or the person in charge of the traffic management department of the public security organ at the next higher level; Except as otherwise provided by laws and regulations.

Thirtieth traffic management departments of public security organs after on-site investigation, that does not belong to the road traffic accident, it shall notify the parties in writing, and transfer the case to the relevant departments or inform the parties how to deal with it.

In the process of investigation, the traffic administrative department of the public security organ finds that the party concerned is suspected of committing traffic accidents, and shall file a case for investigation in accordance with the procedures of the public security organ for handling criminal cases. If the party concerned is found to have other criminal suspects, it shall be promptly transferred to the relevant departments, and the transfer shall not affect the investigation and handling of the accident.

Thirty-first vehicles participating in compulsory motor vehicle traffic accident liability insurance have a road traffic accident, and the insurance company needs to pay the rescue expenses for rescuing the injured. The traffic administrative department of the public security organ shall notify the insurance company in writing.

If the injured need to be paid by the social assistance fund for road traffic accidents, the traffic administrative department of the public security organ shall notify the social assistance fund management institution for road traffic accidents in writing.

Section 3 Investigation of Traffic Hit-and-Run Cases Article 32 The traffic administrative department of the public security organ shall formulate the investigation scheme of traffic hit-and-run cases according to the jurisdiction and road conditions.

After the traffic hit-and-run case occurs, the traffic administrative department of the public security organ shall, according to the statements of the parties, the testimony of witnesses, traces of traffic accidents, relics and other clues, promptly start the investigation plan and arrange interception investigation.

Article 33 The traffic administrative department of the public security organ in the place where the case occurred may request to investigate and deal with traffic accidents and escaping vehicles or look for clues by issuing notices and announcements for investigation. When issuing an investigation report or an announcement to the public, it shall provide the basic facts of the traffic accident escape case, the status, characteristics, escape direction and other information of the traffic accident escape vehicle.

Article 34 The traffic administrative department of the public security organ that receives the notice of investigation shall immediately organize interception or investigation. If a hit-and-run vehicle or a suspected vehicle is found, it shall be detained, and the hit-and-run vehicle or suspect that meets the investigation report shall be summoned according to law, and the relevant information shall be promptly notified to the traffic management department of the public security organ where the case occurred. The traffic administrative department of the public security organ where the case occurred shall immediately send traffic police to handle the handover.

Article 35 After detaining the hit-and-run vehicle, the traffic administrative department of the public security organ shall issue a notice of cancellation of the investigation according to the original scope.

Article 36 When the traffic administrative department of a public security organ investigates a traffic hit-and-run case, if the victims of the traffic hit-and-run case and their families ask the traffic administrative department of the public security organ about the investigation, the traffic administrative department of the public security organ shall inform them.

Section IV Inspection and Evaluation

Thirty-seventh need inspection and appraisal, the traffic administrative department of the public security organ shall entrust a qualified appraisal institution to conduct inspection and appraisal within three days from the end of the accident site investigation. A physical examination should be entrusted within three days from the date of death.

If inspection and appraisal are needed within three days after on-site investigation, it shall be reported to the traffic management department of the public security organ at the next higher level for approval.

The identification of mental illness shall be carried out by the hospital designated by the provincial people's government.

Article 38 The traffic administrative department of the public security organ shall agree with the inspection and appraisal institution on the completion period of inspection and appraisal, which shall not exceed 20 days. If it is more than 20 days, it shall be reported to the traffic management department of the public security organ at the next higher level for approval, but the longest period shall not exceed 60 days.

Article 39 The traffic administrative department of the public security organ may take the diagnosis certificate issued by qualified doctors of medical institutions licensed by the health administrative department as the basis for determining the degree of personal injury.

Article 40 A corpse examination shall not be conducted in public. If an autopsy is required during the examination, the consent of the family members should be obtained.

If the autopsy is unknown, it shall be reported to 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 for approval.

Article 41 After a corpse is examined, the family members of the deceased shall be notified in writing to handle funeral matters within 10 days. If it is not handled within the time limit without justifiable reasons, the public security organ shall dispose of the body with the approval of the person in charge of the public security organ at or above the county level, and the expenses for overdue custody shall be borne by the family members of the deceased.

For unidentified bodies, forensic doctors take personal identification samples, take photos of the bodies and collect relevant information. The traffic administrative department of the public security organ shall fill in the information registration form of the nameless corpse, and publish the announcement of corpse identification in the newspapers at or above the district level. If the newspaper is still unclaimed 30 days after publication, it shall be approved by the person in charge of 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.

Forty-second inspection and appraisal institutions shall complete the inspection and appraisal within the agreed or agreed time limit, and issue a written inspection and appraisal report, which shall be signed by the inspection appraiser and stamped with the seal of the institution. The inspection and appraisal report shall include the following contents:

(1) Principal;

(2) Entrust matters;

(3) Relevant materials submitted;

(4) Time for inspection and appraisal;

(five) based on the conclusion and conclusion, the analysis conclusion should explain the analysis process.

Article 43 The traffic administrative department of the public security organ shall, within two days from the date of receiving the inspection and appraisal report, send a copy of the inspection and appraisal report to the parties concerned.

If a party has any objection to the conclusion of the inspection and appraisal, it may apply to the traffic administrative department of the public security organ for re-inspection and appraisal within three days from the date of service, and the re-inspection and appraisal shall be approved by the person in charge of the traffic administrative department of the public security organ at the county level. Re-examination and appraisal shall be entrusted to an inspection and appraisal institution alone or an appraiser shall be appointed by the original inspection and appraisal institution. The traffic administrative department of the public security organ shall, within two days from the date of receiving the re-examination appraisal report, deliver a copy of the re-examination appraisal report to the parties concerned. Re-examination and appraisal shall be limited to one time.

Article 44 The traffic administrative department of the public security organ shall, within five days after the conclusion of inspection and appraisal is confirmed, notify the parties concerned to collect the detained accident vehicle, motor vehicle driving license and detained articles.

If the driver escapes without the owner or fails to collect the vehicle after 30 days' notice, the detained vehicle will be dealt with according to law after three months' notice.

Chapter VI Identification and Inspection

Section 1 Identification of Road Traffic Accidents

Forty-fifth road traffic accidents should be identified with legal procedures, clear facts, sufficient evidence, correct application of laws and fair division of responsibilities.

Article 46 The traffic administrative department of the public security organ shall determine the responsibility of the parties according to the role played by their actions in road traffic accidents and the severity of their faults.

(a) due to the fault of one party caused by road traffic accidents, take full responsibility;

(two) if 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 role played by their actions in the accident and the severity of the fault;

(3) There is no fault of the party involved in the road traffic accident, and the party involved is not responsible for it.

If one party intentionally causes a road traffic accident, the other party shall not bear the responsibility.

Provincial public security organs may, in accordance with relevant laws and regulations, formulate specific rules or standards for the determination of responsibility for road traffic accidents.

Article 47 The traffic administrative department of the public security organ shall make a road traffic accident determination within 10 days from the date of on-site investigation. In case of a hit-and-run traffic accident, a road traffic accident confirmation shall be made within ten days after the vehicle and driver involved in the traffic accident are detained. If inspection and appraisal are needed, the identification of road traffic accidents shall be made within five days from the date of confirmation of the inspection and appraisal conclusion.

In the event of a fatal accident, the traffic administrative department of the public security organ shall call all parties to the scene to investigate and collect evidence publicly before making a road traffic accident determination. Evidence that a witness requests confidentiality or involves state secrets, commercial secrets or personal privacy shall not be made public. If the party concerned is not present, the traffic administrative department of the public security organ shall put it on record.

Forty-eighth road traffic accident certificate shall include the following contents:

(a) the basic situation of the parties to the road traffic accident, vehicles, roads and traffic environment;

(two) the occurrence of road traffic accidents;

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

(four) the fault and responsibility of the parties or the cause of the accident;

(five) the name and date of the traffic management department of the public security organ that made the road traffic accident identification.

The confirmation of road traffic accidents shall be signed or sealed by the police handling the case, stamped with the special seal for handling road traffic accidents by the traffic management department of the public security organ, and served on the parties respectively, and the parties shall be informed of the rights and time limit for applying for reconsideration, mediation and bringing a civil lawsuit directly to the people's court.

Article 49 If an escape traffic accident has not been identified, and the victim requests to issue a road traffic accident confirmation, the traffic administrative department of the public security organ shall make a road traffic accident confirmation within 10 days after receiving the written application from the party concerned and deliver it to the victim. The road accident certificate shall specify the time and place of the accident, the victim's situation and the facts obtained from the investigation. If there is evidence that the victim is at fault, the responsibility of the victim shall be determined; If there is no evidence to prove that the victim is at fault, the victim shall be deemed irresponsible.

Article 50 If the cause of a road traffic accident cannot be ascertained, the traffic administrative department of the public security organ shall issue a letter of confirmation of the road traffic accident, stating the time and place of the road traffic accident, the situation of the parties and the investigation facts, and serve them on the parties respectively.

Section II Review

Article 51 If a party refuses to accept the determination of a road traffic accident, he may submit a written application to the traffic management department of the public security organ at the next higher level within three days from the date of service of the determination of the road traffic accident.

The application for examination shall specify the examination request, reasons and main evidence.

Article 52 The traffic administrative department of the public security organ at a higher level shall make a decision on whether to accept or not within five days from the date of receiving the written application from the party concerned. In any of the following circumstances, the application for review shall not be accepted, and the parties concerned shall be notified in writing.

(a) the parties to the people's court, the people's court accepted;

(two) the people's Procuratorate approved the arrest of traffic accident suspects;

(3) Road traffic accidents handled by summary procedures;

(4) Accidents when vehicles pass outside the road.

The traffic administrative department of the public security organ shall notify the parties in writing when accepting the application for review.

Article 53 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:

(a) whether the facts of the road traffic accident are clear, whether the evidence is sufficient, and whether the applicable law is correct;

(two) whether the division of responsibility for road traffic accidents is fair;

(3) Whether the road traffic accident investigation and appraisal procedures are legal.

In principle, the review shall be conducted in written form, but according to the requirements of the parties or when the traffic administrative department of the public security organ deems it necessary, the parties may be summoned to the scene to listen to their opinions.

During the review period, if the parties bring a lawsuit to the people's court for the accident and the court accepts it, the traffic management department of the public security organ shall terminate the review.

Article 54 If the traffic administrative department of the public security organ at a higher level thinks that the facts of the original road traffic accident are unclear, the evidence is insufficient, the division of responsibilities is unfair, or the investigation and appraisal violates legal procedures, it shall make a review conclusion and order the original case-handling unit to re-investigate and appraise.

Upon examination, if the traffic administrative department of the public security organ at the next higher level thinks that the facts of the original road traffic accident identification are clear, the evidence is really sufficient, the applicable law is correct, the division of responsibilities is fair, and the investigation procedure is legal, it shall make a review conclusion to maintain the original road traffic accident identification.

Article 55 After the traffic administrative department of the public security organ at the next higher level makes a review conclusion, it shall call all parties to the accident and announce the review conclusion on the spot. If the party concerned is not present, the review conclusion shall be served on the party concerned in other legal forms.

The traffic administrative department of the public security organ at the next higher level only reviews it once.

Article 56 After the traffic administrative department of the public security organ at a higher level makes a review conclusion, the original case-handling unit shall re-investigate in accordance with these provisions within 10 days, re-make the Letter of Confirmation of Road Traffic Accidents, and cancel the original Letter of Confirmation of Road Traffic Accidents.

If the re-investigation requires inspection and appraisal, the original case-handling unit shall re-create the road traffic accident certificate within five days from the date of confirmation of the inspection and appraisal conclusion, and cancel the original road traffic accident certificate.

If the road traffic accident certificate is re-made, it shall be served on the parties by the original case-handling unit and submitted in writing to the traffic management department of the public security organ at the next higher level for the record.

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