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  1. #1 Legal issues, clarifying the law in China 
    Senior C-Moto Guru ZMC888's Avatar
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    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.
    Last edited by ZMC888; 03-12-2009 at 01:17 AM.
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  2. #2  
    Quote Originally Posted by ZMC888 View Post
    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.
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  3. #3  
    Senior C-Moto Guru ZMC888's Avatar
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    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!
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  4. #4  
    Quote Originally Posted by ZMC888 View Post
    : 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.
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  5. #5  
    Senior C-Moto Guru ZMC888's Avatar
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    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.
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  6. #6  
    Senior C-Moto Guru ZMC888's Avatar
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    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!
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  7. #7  
    Quote Originally Posted by ZMC888 View Post
    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?
    Because they don't look to make aggravation for you unless you piss them off. Face.......Cause them to loose it and they can pretty much do whatever they want.
    Thing is most cops don't know who you know and how connected you are. Last thing they want to do is aggravate someone higher up the food chain than they are that maybe is your friend............give them no reason to get pissed off and they will leave you alone. If you do have an accident having all the correct paperwork will help mitigate some of your liability and punishment whether you are at fault or not............having friends in high places helps even more.

    Just the way it works.........live with it, make friends or get a driver.
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  8. #8  
    Senior C-Moto Guru ZMC888's Avatar
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    live with it, make friends or get a driver.
    I have been living with it for 7 years I'm fully aware of what you are talking about and don't need to educated on how face works......or how connections help.

    I'm just trying to clarify how the law works, and assess whether at some point in the future, if I may be technically illegal, or not, driving or riding in China.

    If you don't know either, fine.
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  9. #9  
    Quote Originally Posted by ZMC888 View Post
    I have been living with it for 7 years and assess whether at some point in the future,<> if I may be technically illegal, or not, driving or riding in China.
    Like I said you are trying to know the unknowable............we could all be deported tomorrow. You'll never predict what the Mandarins in Beijing have in store of any of us, even the natives.
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  10. #10  
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    Quote Originally Posted by Nick in PRC. View Post
    Like I said you are trying to know the unknowable............we could all be deported tomorrow. You'll never predict what the Mandarins in Beijing have in store of any of us, even the natives.
    They have the "unknowable" in Chinese and English on the website of Beijing traffic police - here. Section 2 states that you need a residence permit.

    It's a lot to read there and all in English

    Andy

    P.S. I am not sure if this all is nationwide, but I think so.
    Andy
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