Shanghai Municipal Public Security Bureau is the executive agency for handling the road traffic accidents in Shanghai; branches and sub-branches of traffic and patrol police shall be in charge of road traffic accidents in respective districts; Traffic accidents involving people with foreign nationalities and diplomatic privilege or immunity, or other traffic accidents deemed as necessary to be handled by municipal transport administrations will be managed Headquarter of Traffic and Patrol Police of the municipal Transport Bureau.

(1) The detainment limit of accident vehicles, suspect vehicles, number plate and the Driver License of involved parties is 20 days; in case that it needs to be extended, it can be extended by 20 days with the approval of supervising public security and transport administration.

(2) The traffic accident responsibility cognizance shall be done within the following period as of the date of the traffic accidents: 5 days for minor accidents, 15 days for normal accidents and 20 days for major and extraordinary accidents.

If the cognizance fails to be made due to complicated details of traffic accidents, with approval of supervising principals, the time limit can be extended by 5 days, 15 days and 20 days respectively according to the above stipulation.

(3) Re-cognizance of traffic accident responsibility: on receiving valid application for responsibility re-cognizance, resolutions of maintaining, alteration or rescission shall be made; the re-cognizance is the final decision of the public security agency. Should the party be against the re-cognizance, he can raise the case while raising civil actions to the People’s Court of the location of the accident with the termination certificate of conciliation issued by the public security agencies after the conciliation of public security agencies fails to reach an agreement.

(4) Conciliation of compensation for damages of traffic accidents: for those disabled in traffic accidents, the conciliation shall start as of the day of completing the treatment or certified as disabled; for deaths, the conciliation shall start from the as of the day of completing the burial; the conciliation of possession loss shall start from the day of loss cognizance. The time limit of conciliation is 30 days and can be extended by 15 days if the public security agency deems necessary. Within this period, the conciliation will only be conducted twice. Should the conciliation fail to reach an agreement, the parties involved can raise civil actions to the district or county People’s Court of the location of the accident with the termination certificate of conciliation issued by the public security agencies.

(1) Parties to the accident shall produce the Driver License or ID.

(2) Close relatives or guardian of the parties to the accident shall produce relevant identifications or certificates.

(3) Owners of the accident vehicles or principals of vehicles’organizations shall produce relevant identifications or certificates.

(4) Legal representatives or entrusted representatives of the parties to the accident shall produce relevant identifications or certificates as well as letter of authorization with the signature or seal of the consigner; when deemed necessary by the public security agencies, the letter of authorization shall be notarized by notarization agencies.

(5) The above personnel shall acquire the consent of public security agencies. No more than 3 people shall be involved in the disposition of the accident for one party.

(1) Assist public security agencies in the survey of accident spot and sign on the spot sketch of traffic accidents; (2) Get inquired and state the case honestly to public security agencies and bring witnesses; (3) For traffic accidents with possession losses, letter of loss assessment issued by municipal assessment agencies shall be lodged; (4) For traffic accidents with injuries, certificate of injuries, medical histories and receipts of treatment costs shall be lodged; (5) For traffic accidents causing deaths, death certificates shall be lodged; (6) Should parties to the normal accidents or below be against the traffic accident responsibility cognizance, they can appeal for responsibility re-cognizance to the public security bureau of the accident location within 15 days after receiving the cognizance decision; parties to the major accidents or above shall appeal for responsibility re-cognizance to the Headquarter of Traffic and Patrol Police of the municipal Public Security Bureau.

(1) Spot disposition: emergency rescue the injured and possessions, survey the spot, collect evidences and draw spot sketches of traffic accidents. (2) Carry out investigations and obtain evidences: inquiry on the involve parties, witnesses and other relevant people, examination of accident vehicles, assessment of injuries, disabilities and possession losses, postmortem examination and other necessary examinations and assessments. (3) Responsibility cognizance: convene the involve parties, lodge evidences, explain the principles and reasons of responsibility cognizance, and deliver the Decision of Road Traffic Accident Responsibility Cognizance to the involved parties. (4) Penalize the responsible people and organization of the accident: according to the violation, responsibilities and consequence of the parties to the accident, give decisions of warning, fine, detainment of Driver License, revocation of Driver License or administrative custody; parties constituting criminality shall be brought into actions according to the. (5) Conciliation of damage compensation: convene the involve parties for conciliation on damage compensation of the accident. For those who reach an agreement, issue a conciliation letter; for those who don’t, public security agencies will only conciliate twice and issue a conciliation termination certificate.

Regulation on Road Traffic of P. R. China, Disposition Measures of the Disposition of Road Traffic Accidents, Regulations on Procedures of Road Traffic Accident Disposition, and Several Regulations on Road Traffic Accident Disposition of Shanghai.

1. Charge standard of traffic accident dispositions:

(1) For major accidents, 800 CNY for the fully responsible, 600 CNY for the major responsible, 400 CNY for the equally responsible, 200 CNY for the minor responsible;

(2) For extraordinary accidents, 1000 CNY for the fully responsible, 700 CNY for the major responsible, 500 CNY for the equally responsible, 300 CNY for the minor responsible;

(3) In case of major or extraordinary accidents, if the responsible of the traffic accidents escapes, he shall be charged 3 times of the standard charge of the traffic accidents.

(4) In case of major or extraordinary accidents, if the responsible of the traffic accidents deliberately damages or forges the spot or conduct other vicious behaviors to affect the investigation traffic accidents, he shall be charged 2 times of the standard charge of the traffic accidents.

(5) He who has practical difficulties in paying the disposition fee of traffic accidents can enjoy a discount at the discretion of supervising public security and transport administration.

(6) The disposition fee of traffic accidents shall be paid lump-sum by the paying party at the winding up of the traffic accident case. He who fails to pay on time will be charged an overdue fine of 5% of the payable for each day overdue.

2. Basis of the Charge

[1992] Fee Price No.216, State Price Control Bureau, Interim Regulations on Disposition Fee of Road Traffic Accidents decreed by the Ministry of Finance.