Provisions on Procedures for Handling Road Traffic Safety Violations

The Provisions on Procedures for Handling Road Traffic Safety Violations are departmental regulations formulated and issued by the national Ministry of Public Security in accordance with the Road Traffic Safety Law of the People's Republic of China and its implementing regulations. Serving as the statutory procedural code, it governs all enforcement activities carried out by traffic management departments under public security organs and their traffic police officers—ranging from detecting road traffic offences and executing administrative compulsory measures to evidence gathering, issuing penalty decisions, and final execution—aiming to ensure traffic law enforcement remains fair, just, transparent, and efficient.

Core Attributes and Legal Framework 

"Statutory Boundaries" of Enforcement Powers and Procedural Justice: These provisions establish the core principle of "statutory procedure and alignment of power with accountability." When on duty and enforcing traffic laws on the road, traffic police must not only possess a valid legal basis (i.e. identifying the specific traffic rule breached), but must also strictly adhere to statutory procedures regarding evidence gathering, notification, hearing the motorist's representation and defence, adjudication, and enforcement, thereby eliminating arbitrary, ultra vires, or procedurally unlawful enforcement.

Administrative Relief and Rights Protection for Motorists: The provisions clearly define the statutory rights of motorists and registered vehicle owners facing traffic violation proceedings—including the right to information, the right to make statements, and the right of defence—along with legitimate avenues to seek administrative review or file administrative lawsuits should they contest the penalty.

Core Enforcement Modules and Evidence Gathering Procedures

The violation processing framework covers standard operating procedures for both on-site enforcement and automated off-site detection:

Module 1: On-Site Enforcement and Administrative Compulsory Measures

Scope: When intercepting and dealing with on-the-road offences in accordance with the law, traffic police officers are required to proactively present their police warrant cards, inform the motorist of the alleged offence, and listen to the party's statement and defence.

Administrative Compulsory Measures: In cases involving suspected major offences (such as drink-driving, number plate and licence offences, failure to display number plates, or operating without mandatory motor insurance), traffic police are legally empowered to take compulsory measures. These include impounding motor vehicles, seizing driving licences, towing vehicles, and taking blood samples for testing, with official decisions required within statutory time limits.

Module 2: Automated Off-Site Enforcement (Traffic Camera Captures)

Scope: For traffic offences captured via automated enforcement systems (commonly referred to as "traffic cameras" or "speed traps"), traffic authorities must review and record the evidence within designated timeframes, followed by public notification or direct alerts sent to the vehicle owner or custodian. Motorists or vehicle owners are entitled to visit traffic management service counters or access official digital portals to inspect the photo and video evidence. 

Penalty Adjudication and Enforcement Governance

To ensure that traffic offences are penalised fairly, the procedural provisions enforce stringent standards on issuing penalty decisions and subsequent enforcement:

Procedure 1: Statutory Distinction Between Summary and Standard Procedures 

Efficient Application of Summary Procedure: 

For offences supported by indisputable evidence where the penalty is a warning or a fine of RMB 200 or less, traffic police may issue an on-the-spot administrative penalty decision using a standardised format and serve it directly to the motorist.

Rigorous Investigation and Evidence Gathering under Standard Procedure: 

For serious offences that may lead to the suspension or revocation of a driving licence, heavier fines, or administrative detention, the standard formal procedure must be initiated. The enforcement authority must thoroughly gather evidence and investigate. Prior to issuing a formal penalty decision, they must fully inform the motorist of the proposed penalty facts, grounds, and legal basis, as well as their statutory right to a formal hearing.

Procedure 2: Fine Payment and Closed-Loop Penalty Execution 

Separation of Penalty Issuance from Collection and Bank Collection Model: 

Traffic fines operate under a strict "separation of penalty and collection" framework. Traffic police officers and their departments issuing penalty decisions are barred from collecting cash on the spot (barring specific statutory exceptions). Motorists must settle their fines at designated partner banks or via official e-government portals within 15 days of receiving the penalty notice. 

Late Payment Surcharges and Judicial Enforcement: 

If a motorist fails to comply with the penalty decision within the stipulated timeframe, the traffic authority that issued the decision may impose a daily surcharge of 3% on the outstanding fine amount and apply to the People's Court for mandatory judicial enforcement, establishing an airtight closed loop of law enforcement and deterrence.