26. Road Traffic Law


(1) PURPOSE OF THE LAW AND SYSTEM
The objective of this law is to prevent road hazards, to ensure the safety and smooth-flow of traffic, and to contribute towards elimination of obstacles that could on road trccur iaffic.

(2) OUTLINE OF THE LAW AND SYSTEM
Provisions concerning the passage of pedestrians, traffic of motor vehicles and street cars, obligation of drivers to observe, traffic regulations such as prohibited acts on roads and other various regulations regarding drivers' licenses are prescribed.

(3) CABINET ORDER AND MINISTERIAL ORDINANCES
Enforcement Order of the Road Traffic Law
Enforcement Regulations of the Road Traffic Law

(4) OUTLINE OF THE CONTROL
1) Items Covered
Capacities of vehicles and use of roads

2) Outline of Specifications, Standards and Inspections, etc.
i. Content of the Control
Drivers of vehicles are prohibited from carrying more than the legally permissible number of passengers or cargo according to the designated weight and size of that vehicle (Article 57).
When the roads are to be used in a manner that could significantly affect the general flow of traffic, approval of a police chief responsible must be obtained for the location of that action (Article 77).
Drivers of vehicles are prohibited from carrying more than the legally permissible number of passengers or cargo according to the designated weight and size of that vehicle (Article 57).

ii. Application procedure
When driving a vehicle over the limited number of passengers or cargo, an application shall be submitted to the chief of the police station with jurisdiction over the point of origin (such as Article 22 of the Enforcement Order, Article 8 of the Enforcement Regulations).
A person intending to obtain permission (road construction, establishment of work pieces and roadside stands on a road, or holding a festival on a road), under Paragraph 1 of Article 77 of the Law, shall submit an application to the chief of the police station with jurisdiction over the said location (Paragraph 1 of Article 78 of the Law, Article 10 of the Enforcement Regulations).

(5) HIGHLIGHTS OF THE RECENT AMENDMENT

1) Revision in 2004
i.Expansion of user's responsibility

ii.Entrust of the relevant clerical works of illegal parking to private sectors

iii.Measures for driversa). A medium-sized car of the total vehicle weight from 5 tons to less than 11 tons is newly specified as a class of car for which a license for a medium-sized car and for professional use for that size are newly established.

b). Examination qualification for these licenses is provided as follows:
. Qualification for a license after revision for a large-sized car is the same as the current requirements to drive a special large-sized car, older than 21 years old, and with the period of carrying an ordinary license for three years or more.
- Qualification for a license for a medium-sized car is same as the current requirements for a large-sized car, older than 20 years old with the period of holding an ordinary license for two years or more.
- Qualification for the medium-sized second class license is older than 21 years same as the current second class license for large-sized and medium-sized car, with the period of holding such license for three years or more.

c). Examination on the road and training system at the time of acquiring the license are introduced for these licenses same as the current ordinary license, large and second class license, and normal and second class licenses.

iv. Measures for Hot-rodders

v. Review of the regulation of two persons riding on a motorcycle
In three year's promotion plan of deregulation, the National Police Agency analyzed the accidents of motorcycles and implemented experiments for the difference of the operating characteristic between riding by one person or two persons in accordance with the comment to "survey, examine, and obtain a conclusion for the right or wrong for admitting two person's riding on a motorcycle on the national expressway etc."
As a result, drivers who, after receiving the traffic safety education and are age 20 or more with the period of holding large sized motor cycle license or ordinary motorcycle license for three years or more in total, are permitted to ride double on an expressway.
At the same time, the rules for danger preventing measures by policemen were maintained as well as the penalty for riding double by breaching the law was increased to a fine of 100,000 yen or less.
Riding double is restricted in some part of Tokyo Metropolitan Expressway.

vi. Review of Penalty Concerning the Use of Cellular Phones
As for the use of cellular phones when driving cars or motorcycles, prohibitive regulations are set forth by the revision of Road Traffic Law in 1999 for "the use of wireless telephone equipment held by hands to talk" and "gazing at the image displayed in the equipment for the image display".
Only when any danger arises in the traffic because of the violation of this provision, penal servitude for three month or less or fines of 50,000 yen or less was imposed.
Though the use of the cellular phone decreased immediately after this revision, the use afterwards expanded. Therefore, a penalty of 50,000 yen or less is imposed on the very act of "the use of wireless telephone equipment held by hands to talk" and "gazing at the image displayed in the equipment for the image display".

vii. Increase of the fine to 300,000 yen or less as the penal regulation to the rejection of alcholic breath test.

(6) REFERENCE INFORMATION
(Liaison Office for Further Information)
Traffic Planning Division, Traffic Bureau, National Police Agency
Tel: 03-3581-0141 (Ext. 5062) http://www.npa.go.jp