Driving in China: New restrictions issued on Foreign Drivers Go back »

2009-01-22 | Nanjing

China’s roads are a dangerous place for vehicles, bicycles, and pedestrians. Road accidents in China are common and often fatal.  According to Chinese statistics, China sees around 100,000 deaths a year on its roads. This number is half that of the United States even though the US has more than four times as many cars. 

Foreign drivers also contributed involved in such accidents of course but according to the statistics released by the Ministry of Public Security (MPS) last year, vehicles driven by foreigners caused only 95 traffic accidents leading to 28 deaths and 90 injuries. Despite the relatively small impact from foreign drivers, both central and local government is strengthening the legislation on foreign drivers in order to try to reduce the specific benefits enjoyed by “foreigners on the road”.

As reported by China-Briefing, on January 1st 2009 the Ministry of Public Security implemented new regulations placing foreign drivers under the same jurisdiction as local Chinese drivers. This means that local police will have the right to detain and incarcerate foreigners suspected of being responsible for road accidents until the related case is resolved. This is in compliance with national legislation, which prohibits foreigners from leaving the country while involved with criminal or civil cases. In addition, the new law will allow guilty drivers to be imprisoned for up to three years and up to seven years for those fleeing the scene of a fatal accident.

Assets and bank accounts of defendants may also be frozen upon request by the family of the victim ahead of any civil suits. This is to ensure that compensation ordered by the Court may be met. Typical compensation payments include the costs of medical treatment, loss of earnings and damages for pain and suffering. In addition to a police fine, being acquitted is almost impossible because the police will usually allocate a percentage of the blame in all road accident cases.

It’s obvious that the new regulations are very strict but they are direct response to the changing traffic situation. As China is developing very fast, a large number of foreign passenger and freight vehicles cross into China at border zones for short periods. The “ancient” regulation, dated 1989, was obviously no longer adequate to deal with the new situation.

In order to improve road traffic security the MPS in 2006 issued a new regulation on foreign automobiles and drivers which came into effect on Jan. 1, 2007. This rule mean that drivers were no longer allowed to drive in mainland China with only their International Driver's Permit (IDP). This has lead to a unique situation in China whereby the way to legally drive in China is to take the test for a Chinese driving license or to use an international license temporarily.

Foreigners holding an overseas driving license can obtain a temporary driving permit after undergoing training in China's traffic law and regulations without having to take related tests. In this case however they are only permitted to drive small cars or automatic-gear cars. Related regulations stipulate that the valid period for the temporary driving license should not exceed the period marked in the entry and exit certificates, and the temporary license will only be valid for three months at most. The valid period cannot be extended. In addition, the temporary driving license should be used along with the driving license issued in his or her home country and foreigners should always carry these two licenses on their person.

Foreigners staying for a relatively long time in China should consider obtaining an official Chinese driving license. Chinese laws state that foreign residents can obtain a driver's license and that an IDP can be converted to a local license, with an additional examination. Many foreigners in Nanjing and throughout China however indicate that getting such a license can be complicated, although as with many regulatory influenced situations in China the particular complications seem to vary from place to place and over time.

Firstly, there is a computerized theory test (in Chinese); then a second test is on the road. Once the foreign driver has completed all these procedures and passed related tests and exams, they can receive the official driving license issued by the Chinese government. The official driving code in the PRC is the “Road Traffic Safety Law of the People's Republic of China”. Given the new legislation and the actual restrictions in cases of road accidents, it is clear that now more than ever, drivers must exercise the utmost caution behind the wheel.

For More Information or Questions, please visit the Website: www.picozzimorigi.cn
Or Contact: c.dandrea@picozzimorigi.it