Legal issues, clarifying the law in China

[ZMC888]

Points I am fairly clear on.

-If a 'motorized vehicle' on the road has no license plate, no inspection plate, or no insurance card or no vehicle license card the police can impound the vehicle.

-If someone does not have a driving license they could be fined 200 yuan ~ 2,000 yuan, and possibly be detained for up to 15 days.

-If someone is killed in an accident you are involved in, and the police blame you, and you run away you could get 7 years ~ 15 years in prison.

-If they believe you caused a serious accident you could get up to 3 years in prison.

-You cannot drink any alcohol and drive.

Some questions and clearing up some points.

According to the police, there are generally two kinds of vehicles, that use the roads in China, 'motorized vehicles' and 'non motorized vehicles'.
Are motorcycles 'motorized vehicles' in Chinese law?

If motorcycles are motorized vehicles, why are they unable to drive on expressways, when Chinese law says that any 'motorized vehicle' capable of 70kmh may drive on expressways?

Some people have said you must have a 'resident permit and Chinese driving license to ride a motorcycle legally in China'. Is this incorrect? My interpretation is that at some time you must have had a residency type of visa, to be able to get a Chinese driving license in the first place. However if you at a later stage change your visa status you are still legal (for example if you come to China on a visitor/tourist visa after previously working in China), as you have a driving license which is valid for 6 years from issue.

[Nick in PRC.]

Some questions and clearing up some points.[/SIZE][/B][/U] Chinese law?

Remember TIC...............using logic to argue against laws is not the way to go.

If the law states you can go on the expressway but the sign says you can't........remember, you can see the sign when it changes, you can't see the law when it does.

As for the legality of the license and the validity of the residence permit........as a matter of routine I'm sure a traffic cop wouldn't care. Have an accident where someone needs to be found at fault........TIC.

[ZMC888]

The law states that you must have a Chinese driving license and says nothing about having a resident visa to make it legally valid. So is there a law somewhere stating that if we change our visa from a residency to a visitor or business visa we should return our license? Are there any sources of information to tell us about the law? Even in Chinese is OK!

[Nick in PRC.]

: Are there any sources of information to tell us about the law?

That's what lawyers do.............and even then.

You've been riding and driving around illegally for ages and now you are legal, why worry.................... and why the sudden urge to know the unknowable

Traffic police are interested in traffic infractions, PSB are interested in visas.
It's when the foreigner doesn't have a valid license the traffic police get all pissed off and call the PSB. Avoid the PSB and you stay out of trouble...........usually.

[ZMC888]

Fair point, I have been riding illegally for ages, but one of the reasons I got the license was so I could drive a car if I chose to a some point in the future, as the law as regards to cars is taken more seriously, at least where I live.

My point was that if you have a Chinese driving license, but you change your visa status, are you are then unable to drive legally? So my point is that to the best of my knowledge sources who are suggesting this are wrong, because there is nothing out there saying that this is in fact the case, but I'm happy to be corrected if I am wrong and there is a fact a law for this.

[ZMC888]

Another thought is, if the laws are unknowable, and the law can be enforced against you in anyway that cops feel fit, and you cannot challenge any decision they make, why bother? Why not just buy an illegal Hong Kong fireblade and ride it around with no plates, insurance and no license, surely at least that way you can be sure of your legal status!