Provisions on Procedures for Handling Road Traffic Accidents

The Provisions on Procedures for Handling Road Traffic Accidents refers to the departmental regulations formulated and promulgated by the Ministry of Public Security in accordance with the Law of the People's Republic of China on Road Traffic Safety and its implementing regulations. It serves as statutory procedural guidelines governing traffic management departments of public security organs at all levels and traffic police officers across the entire accident handling lifecycle, including receiving reports, on-site investigation, evidence collection, technical inspection and appraisal, liability determination, damage compensation mediation, and administrative penalties.

Core Attributes and Rule of Law Positioning

Balance between objectivity, impartiality and procedural justice: The provisions establish the core principles of openness, impartiality, efficiency, and public convenience. When handling road traffic accidents, traffic police must collect evidence strictly in accordance with statutory procedures to establish facts, ensuring the scientific accuracy and credibility of the Road Traffic Accident Liability Determination Certificate, thereby laying a solid foundation for subsequent civil claims and legal recourse. 

Diversified dispute resolution and protection of legitimate rights: The provisions not only regulate the investigative powers of law enforcement authorities, but also explicitly grant accident parties statutory rights—such as inspecting and copying accident records, applying for re-inspection and re-appraisal, and taking part in damage compensation mediation—maximising the protection of the parties' legal rights and interests throughout the process.

Core Handling Modules and On-site Investigation Procedures

From the initial incident report to final case closure, road traffic accident processing is generally structured into the following key statutory stages:

Module 1: Report Intake and Emergency On-site Response 

Details: Upon receiving a road traffic accident report, the traffic management department must promptly dispatch personnel to the scene.

Core on-site duties: Arriving at the scene, traffic police officers must prioritise rescuing the injured, securing the site, and managing traffic flow. If items at the scene must be shifted to aid rescue efforts, their original positions must be clearly marked. For minor traffic accidents where liability is undisputed, officers will guide parties to clear the scene via fast-track settlement and claims procedures to quickly restore traffic flow.

Module 2: Investigation, Evidence Collection, Technical Inspection and Appraisal

Details: Traffic police authorities must comprehensively gather on-site physical traces, evidence, audio-visual recordings, witness statements, and accounts from all parties involved. 

Inspection and technical evaluation: Where mechanical performance appraisals (such as vehicle braking and steering systems) or toxicological screenings (driver blood alcohol/drug concentration and autopsy examinations) are required, these must be commissioned to legally accredited institutions. Once issued, the official appraisal findings must be formally served on all parties in accordance with the law.

Norms for Liability Determination and Damage Compensation Mediation

The crux of accident processing lies in establishing causality and apportioning liability, paving the way for compensation and settlement:

Process 1: Issuance and Service of the Road Traffic Accident Liability Determination Certificate

Fault analysis and statutory liability apportionment: 

The traffic management department of the public security organ determines each party's liability based on their respective actions, role in causing the accident, and the degree of fault. Liability is formally classified into: full liability, primary liability, equal liability, secondary liability, or no liability. The official determination certificate must be prepared and served on all parties within the statutory timeframe (typically within 10 days of concluding the on-site investigation).

Review application mechanism: 

If any party disputes the findings of the road accident determination, they may lodge a formal written application for review with the higher-level traffic management department within three days of receiving the Road Traffic Accident Liability Determination Certificate.

Process 2: Damage Compensation Mediation and Judicial Relief Integration

Authority-led mediation and the principle of voluntary participation:

In traffic accidents involving casualties or property damage, the involved parties may jointly request the traffic management department to conduct mediation for damage compensation. Where a settlement is reached, the authority will draft a formal mediation agreement. Should any party fail to honour the mediated terms, the aggrieved party may initiate civil proceedings in the People's Court. 

Judicial recourse as a legal safety net: 

During mediation, or if the authority declines to mediate or mediation fails to yield an agreement, parties are entitled to file a civil lawsuit directly with the People's Court, pursuing legitimate civil claims including medical expenses, loss of income, and disability compensation through standard judicial litigation.