Japan Road Traffic Lawen11.0 - H27a76
Japan Road Traffic Lawen11.0 - H27a76
Contents
Chapter I General Provisions (Articles 1 to 9)
Chapter II Pedestrian Traffic Rules (Articles 10 to 15)
Chapter III Vehicle and Streetcar Traffic Rules
Section 1 General Rules (Articles 16 to 21)
Section 2 Speed (Articles 22 to 24)
Section 3 Cutting Across Roads and Other Such Maneuvers (Articles 25 and
25-2)
Section 4 Passing and Other Such Maneuvers (Articles 26 to 32)
Section 5 Going Over Railroad Crossings (Article 33)
Section 6 Traffic Rules at Intersections; Related Considerations (Articles 34
to 37-2)
Section 6-2 Traffic Rules for Protecting Crossing Pedestrians and Cyclists
(Articles 38 and 38-2)
Section 7 Emergency Motor Vehicles and Other Vehicles (Articles 39 to 41 -2)
Section 8 Driving at Reduced Speeds and Coming to a Stop (Articles 42 and
43)
Section 9 Stopping and Parking (Articles 44 to 50)
Section 9-2 Measures against Illegal Stopping and Illegal Parking (Articles
50-2 to 51-16)
Section 10 Lights and Signals (Articles 52 to 54)
Section 11 Boarding, Loading, and Towing (Articles 55 to 61)
Section 12 Prohibition against Driving Improperly Maintained Vehicles;
Related Considerations (Articles 62 to 63-2)
Section 13 Special Rules for Bicycle Traffic (Articles 63-3 to 63-11)
Chapter IV Driver and User Responsibilities
Section 1 Driver Responsibilities (Articles 64 to 71-6)
Section 2 Measures in the Event of a Traffic Accident; Related
Considerations (Articles 72 to 73)
Section 3 User Responsibilities (Articles 74 to 75-2-2)
Chapter IV-2 Special Rules for Motor Vehicle Traffic on National Expressways
and Limited Highways
Section 1 General Rules (Articles 75-2-3 and 75-3)
Section 2 Motor Vehicle Traffic Rules (Articles 75-4 to 75-9)
Section 3 Driver Responsibilities (Articles 75-10 and 75-11)
Chapter V Road Use; Related Considerations
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Section 1 Activities Prohibited on Roads; Related Considerations (Articles 76
to 80)
Section 2 Hazard Prevention and Other Such Measures (Articles 81 to 83)
Chapter VI Driver Licensing for Motor Vehicles and Motorized Bicycle
Section 1 General Rules (Articles 84 to 87)
Section 2 Applying for Licenses; Related Considerations (Articles 88 to 91)
Section 3 Licenses; Related Considerations (Articles 92 to 95)
Section 4 Driver's License Tests (Articles 96 to 97-3)
Section 4-2 Driving Schools (Articles 98 to 100)
Section 4-3 Retesting (Articles 100-2 and 100-3)
Section 5 License Renewal; Related Considerations (Articles 101 to 102 -2)
Section 6 Revocation and Suspension of Licenses; Other Measures (Articles
103 to 107)
Section 7 International Driving Permits and Foreign Driver's Licenses;
Foreign Driving Permits (Articles 107-2 to 107-10)
Section 8 Asking Others to Handle Administrative Processes Involved in
Licensing (Article 108)
Chapter VI-2 Training (Articles 108-2 to 108-12)
Chapter VI-3 The Institute for Traffic Accident Research and Data Analysis
(Articles 108-13 to 108-25)
Chapter VI-4 Facilitation of Organized Activities in the Private Sector and
Elsewhere to Contribute to the Safety and Fluidity of Traffic ( Articles 108-26
to 108-32-2)
Chapter VII Miscellaneous Provisions (Articles 108-33 to 114-7)
Chapter VIII Penal Provisions (Articles 115 to 124)
Chapter IX Special Rules on Procedures for Handling Violations
Section 1 General Rules (Article 125)
Section 2 Notice to Appear and Notice of Findings (Articles 126 and 127)
Section 3 Payment and Provisional Payment of Penalties (Articles 128 to
129-2)
Section 4 Criminal Cases against Violators (Articles 130 and 130-2)
Section 5 Miscellaneous Provisions (Articles 131 and 132)
Supplementary Provisions
(Purpose)
Article 1 The purpose of this Act is to prevent road hazards and otherwise
ensure the safety and fluidity of traffic, as well as to contribute to preventing
blockages arising from road traffic.
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(Definitions)
Article 2 (1) In this Act, the meanings of the terms set forth in the following
items are as prescribed in those items:
(i) road: a road as prescribed in Article 2, paragraph (1) of the Road Act (Act No.
180 of 1952), a limited highway as prescribed in Article 2, paragraph (8) of
the Road Transportation Act (Act No. 183 of 1951), and any other route used
for public traffic;
(ii) sidewalk: the part of a road that has been demarcated with curb lines or
fences or any similar structure so as to make it available for pedestrian
traffic;
(iii) roadway: the part of a road that has been demarcated with curb lines or
fences or any similar structure or road marking so as to make it available for
vehicle traffic;
(iii)-2 main roadway: a roadway consisting of the main lanes of a national
expressway (meaning a road as prescribed in Article 4, paragraph (1) of the
National Expressway Act (Act No. 79 of 1957); the same applies hereinafter)
or a limited highway (meaning a limited highway as prescribed in Article 48-
4 of the Road Act; the same applies hereinafter);
(iii)-3 bicycle path: the part of a road that has been demarcated with curb lines
or fences or any similar structure so as to make it available for bicycle
traffic;
(iii)-4 side strip: the part of a road that extends in a strip running along the
edge of a road that either has no sidewalks or that has no sidewalks on that
side, which has been demarcated with road markings so as to make it
available for pedestrian traffic or maintain the effectiveness of the roadway;
(iv) pedestrian crossing: the part of a road that has been marked with road
signs or road markings (hereinafter referred to as "road signs or markings")
indicating it to be a place for pedestrians to cross;
(iv)-2 bicycle crossing lane: the part of a road that has been marked with road
signs or markings indicating it to be a place for bicycles to cross;
(v) intersection: the part of the road (or roadway, on a on a road with
demarcations between the sidewalk and the roadway) that intersects at an
intersecting roads, T-junction, or other place where two or more roads
intersect;
(vi) safety zone: an island-shaped installation put in place to ensure the safety
of persons boarding and disembarking from streetcars and the safety of
crossing pedestrians, or the part of a road that road signs or road markings
indicate to be a safety zone;
(vii) vehicle traffic lane: the part of a road that road markings indicate to be
the specific part of the road down which vehicles are to proceed;
(viii) vehicle: a motor vehicle, motorized bicycle, light road vehicle, or
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trolleybus;
(ix) motor vehicle: a vehicle that has a motor and is operated without recourse
to rails or overhead wires, not including a motorized bicycle, bicycle, or
wheelchair being used by a person with a physical disability, and not
including a wheeled walking aid or small vehicle that Cabinet Order
prescribes (hereinafter referred to as a "wheeled walking aid or small
vehicle");
(x) motorized bicycle: a vehicle that has a motor with total emissions or rated
output not exceeding that which Cabinet Office Order prescribes, which is
operated without recourse to rails or overhead wires, not including a bicycle,
wheelchair being used by a person with a physical disability, or a wheeled
walking aid or small vehicle;
(xi) light road vehicle: a bicycle or cart, or a vehicle towed by human or animal
power or by another vehicle which is operated or driven without recourse to
rails (including a sleigh, horse, or cattle), not including a wheelchair being
used by a person with a physical disability, wheeled walking aid or small
vehicle, or a vehicle made for children;
(xi)-2 bicycle: a vehicle with two or more wheels that has pedals or hand cranks
driven by human power (other than a vehicle operated on rails), not
including a wheelchair being used by a person with a physical disability, a
wheeled walking aid or small vehicle, or a vehicle made for children (and not
including a vehicle that uses a motor to supplement human power and which
satisfies the criteria that Cabinet Office Order prescribes);
(xi)-3 wheelchair being used by a person with a physical disability: a
wheelchair that a person who has difficulty walking due to a physical
disability uses to move from place to place (for wheelchairs with motors, this
is limited to those satisfying the criteria that Cabinet Office Order
prescribes);
(xii) trolleybus: a vehicle powered by electricity supplied through overhead
wires, which is operated without recourse to rails;
(xiii) streetcar: a vehicle operated on rails;
(xiv) traffic light: a device operated electrically which uses lights to display
signals intended to control traffic and achieve other such ends;
(xv) road sign: a sign board that displays road traffic regulations or
instructions;
(xvi) road marking: a marking depicted on a road surface with raised road
markers, paint, lines comprising stones, etc., symbols, or letters to display
road traffic regulations or instructions;
(xvii) driving/operating: using a vehicle or streetcar (hereinafter referred to as
a "vehicle or streetcar") on a road in keeping with its primary purpose;
(xviii) parking/parked: holding a vehicle or streetcar at a stop to wait for
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customers, load or unload baggage or cargo, or due to a malfunction or other
such circumstance (other than when it is held at a stop for a period of less
than five minutes to load or unload cargo or when it is held at a stop load or
unload passengers), or a state in which a vehicle or streetcar is held at a stop,
and because the driver of that vehicle or streetcar (hereinafter referred to as
a "driver") has left the vicinity of the vehicle or streetcar, it cannot be driven
immediately;
(xix) stopping: bringing a vehicle or streetcar to a stop in a manner that does
not fall within the definition of parking;
(xx) driving at reduced speed: proceeding at a speed that enables the vehicle or
streetcar to be brought to a stop immediately;
(xxi) passing: when a vehicle catches up with another vehicle or streetcar,
changes course, overtakes it on one side, and comes out in front of it;
(xxii) obstructing progress: starting to move or continuing to move in
circumstances that would likely cause another vehicle or streetcar to have to
suddenly change speed or direction in order to avoid danger;
(xxiii) traffic nuisance: air pollution, noise, or vibration as prescribed by
Cabinet Office Order/Ministry of the Environment Order, arising from road
traffic and causing damage to human health or the living environment.
(2) As concerns the application of this Act, demarcation lines set in place
pursuant to Article 45, paragraph (1) of the Road Act are treated as road
markings, pursuant to Cabinet Office Order/Order of the Ministry of Land,
Infrastructure, Transport and Tourism.
(3) As concerns the application of this Act, the following persons are treated as
pedestrians:
(i) a wheelchair being used by a person with a physical disability, a wheeled
walking aid or small vehicle, or a vehicle made for children;
(ii) a person walking while pushing a standard or large motorcycle, two-
wheeled motorized bicycle or two- or three-wheeled bicycle (other than one
with a sidecar or a vehicle towing another vehicle) as prescribed in the
following Article.
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(Regulation of Traffic by the Public Safety Commission)
Article 4 (1) On finding it to be necessary to do so in order to prevent road
hazards and otherwise ensure the safety and fluidity of traffic or to prevent
traffic nuisances and other problems arising from road traffic, the prefectural
public safety commission (hereinafter referred to as a "public safety
commission") may install and manage traffic lights or road signs or markings
to control traffic, to prohibit the entry of pedestrians or vehicle or streetcar
traffic, or to otherwise regulate road traffic, pursuant to Cab inet Order. In
urgent cases in which there is no time to install road signs or markings or if a
public safety commission finds it difficult to regulate traffic using road signs or
markings, it may regulate traffic through on-site instructions being given by a
police officer of the prefectural police under its management in a way that is
equivalent to regulation of traffic through the installation and management of
road signs or markings.
(2) The regulation of traffic under the preceding paragraph is undertaken at a
specific location or within a specific area or section of a road. It may have a
limited target and its application may be limited to certain days or hours.
(3) A public safety commission must endeavor to install traffic lights at high -
traffic intersections other than roundabouts (meaning intersections with a
circular area for motor vehicle traffic, where drivers of vehicles are directed by
road signs or markings to proceed in a clockwise direction; the same applies
hereinafter), and at other locations where lights are found to be necessary to
prevent traffic hazards.
(4) Cabinet Order provides for the meanings of signals displayed by traffic lights
and for other necessary particulars concerning traffic lights.
(5) Cabinet Office Order/ Order of the Ministry of Land, Infrastructure,
Transport and Tourism provides for the types, formats, placement, and other
necessary particulars concerning road signs and markings.
(Applicable Penal Provisions: Article 119, paragraph (1), item (i) and Article
121, paragraph (1), item (i) apply to the second sentence of paragraph (1) of
this Article.)
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(Regulation of Traffic by Officers)
Article 6 (1) A police or traffic patrol officer as prescribed in Article 114 -4,
paragraph (1) (hereinafter referred to as an "officer") may control traffic using
hand signals and other signals (hereinafter referred to as "alternative signals").
On finding it to be particularly necessary to do so in order to prevent road
hazards and otherwise ensure the safety and fluidity of traffic, an officer may
use an alternative signal with a different meaning from that of a signal
displayed by a traffic light, regardless of the signal displayed by the traffic
light.
(2) On finding a compelling reason to do so in order to ensure that traffic runs
smoothly on a road (other than a national expressway or limited highway; the
same applies in paragraph (4)) on which severe traffic congestion is likely to
occur due to a severe back-up of vehicle or streetcar traffic, a police officer may
prohibit or restrict vehicles or streetcars from entering a location or order the
driver of a vehicle or streetcar at the location to back up or comply with
different traffic rules than those prescribed in Article 8, paragraph (1), or
Chapter III, Section 1, 3, or 6, but only so far as is necessary in order to reduce
congestion.
(3) On finding the measures prescribed in the preceding paragraph to be
insufficient to reduce congestion at a location, a police officer may issue the
necessary instructions to relevant persons at the location, but only so far as is
necessary to reduce congestion.
(4) On finding there to be an urgent need to do so in order to prevent a road
traffic hazard that is likely to occur due to circumstances such as road damage
or fire, a police officer may prohibit or restrict pedestrian or vehicle or
streetcar traffic on that road temporarily, but only so far as is necessary.
(5) Cabinet Order provides for the meanings of alternative signals referred to in
paragraph (1).
(Applicable Penal Provisions: Article 120, paragraph (1), item (i) applies to
paragraph (2) of this Article. Article 119, paragraph (1), item (i), and Article
121, paragraph (1), item (i) apply to paragraph (4) of this Article.)
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Article 8 (1) It is prohibited for a pedestrian or the driver of a vehicle or
streetcar to enter onto a road or any part of a road onto which entry is
prohibited by a road sign or marking.
(2) Notwithstanding the preceding paragraph, if the chief of the police station
finds there to be a compelling reason as prescribed by Cabinet Order and
grants permission, a vehicle may proceed onto a road or a part of a road onto
which entry is prohibited by a road sign or marking.
(3) The chief of the police station must issue a permit when granting the
permission prescribed in the preceding paragraph.
(4) The driver of a vehicle issued a permit pursuant to the preceding paragraph
must carry that permit at all times when using the road or part of the roa d for
which the permission has been given.
(5) On finding it to be necessary to do so, the chief of the police station may
attach conditions when granting a permission as referred to in paragraph (2).
(6) Cabinet Office Order provides for the format of the permit referred to in
paragraph (3) and for necessary particulars concerning the permission referred
to in paragraph (2).
(Applicable Penal Provisions: Article 119, paragraph (1), item (i) -2,
paragraph (2) of that Article, and Article 121, paragraph (1), item (i) apply to
paragraph (1) of this Article. Article 121, paragraph (1), item (i) -2 apply to
paragraph (5) of this Article.)
(Traffic Distribution)
Article 10 (1) On a road without demarcations between the roadway and either
the sidewalk or a side strip sufficiently wide for safe use by pedestrians
(referred to in the following paragraph and the following Article as a "sidewalk
or side strip"), a pedestrian must keep to the right edge of the road; provided,
however, that if it is dangerous to use the right edge of the road or if there are
other compelling circumstances, a pedestrian may keep to the left edge of the
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road.
(2) On a road with demarcations between the sidewalk or side strip and the
roadway, a pedestrian must use the sidewalk or side strip, except in the
following cases:
(i) when crossing the roadway;
(ii) if the sidewalk or side strip cannot be used for reasons such as road works,
or if there are other compelling circumstances.
(3) When using a sidewalk pursuant to the preceding paragraph, a pedestrian
must endeavor to avoid any part of the sidewalk for use by standard bicycles as
prescribed in Article 63-4, paragraph (2).
(Crossing Roads)
Article 12 (1) When crossing a road near a pedestrian crossing, a pedestrian
must use the pedestrian crossing.
(2) A pedestrian must not cross a road diagonally at an intersection unless
permitted to do so by road signs or markings
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(Places at Which Crossing Is Prohibited)
Article 13 (1) A pedestrian must not cross the road immediately in front of or
behind a vehicle or streetcar; provided, however, that this does not apply if the
pedestrian is using a pedestrian crossing, crossing in compliance with the
signal indicated by a traffic light, or crossing in compliance with the
alternative signal of an officer
(2) A pedestrian must not cross a part of the road where crossing is prohibited by
road signs or markings.
(Protection of the Visually Impaired, Children Not Yet of School Age, the
Elderly, and Others)
Article 14 (1) A person with a visual impairment (including persons equivalent
thereto; the same applies hereinafter) must carry a cane as prescribed by
Cabinet Order or be accompanied by a guide dog as prescribed by Cabinet
Order when using the road.
(2) A person without a visual impairment (other than a person with a hearing
impairment or with a physical disability of the grade that Cabinet Order
prescribes) must not carry a cane as prescribed by Cabinet Order or be
accompanied by a dog outfitted as prescribed by Cabinet Order when using the
road.
(3) A person responsible for the protection of an elementary schooler (meaning a
person at least six years old but less than 13 years old; the same applies
hereinafter) or a child not yet of school age (meaning a person under six years
old; the same applies hereinafter) must not allow the elementary or child not
yet of school age to play on a busy road, at a railroad crossing, or on road in the
vicinity of a railroad crossing; and must not allow a child not yet of school age
for whose protection the person is responsible to walk on such a road or
crossing unaccompanied by that person or a caretaker acting in that person's
stead.
(4) In a location where it is found to be necessary to instruct, signal, or take
other appropriate measures when elementary or children not yet of school age
are passing down the road on the way to elementary school, preschool, an
authorized child care center with combined preschool and daycare facilities, or
another educational or child care facility, an officer or any person who happens
to be present at that location must take those measures in an effort to ensure
that the elementary or children not yet of school age are able to pass safely
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down the road.
(5) If requested by an elderly pedestrian, a pedestrian with a physical disability,
or any other pedestrian with difficulty using the road who is crossing or
attempting to cross the road, an officer or any person who happens to be
present at that location must instruct, signal, or take other appropriate
measures in an effort to ensure that the pedestrian is able to cross the road
safely.
(Traffic Instructions)
Article 15 If a pedestrian is using the road in a way that violates Article 10,
paragraph (1) or (2), Article 12, or Article 13, an officer may instruct the
pedestrian to comply with the traffic rules prescribed in the relevant Article.
(Applicable Penal Provisions: Article 121, paragraph (1), item (iv))
(General Rules)
Article 16 (1) The rules for vehicle and streetcar traffic over roads are governed
by this Chapter.
(2) To apply this Chapter, a vehicle that is being towed by a motor vehicle or
motorized bicycle is deemed to be part of that motor vehicle or motorized
bicycle.
(3) The provisions of this Chapter that pertain to traffic at intersections do not
apply to a motor vehicle proceeding along a main roadway.
(4) To apply this Chapter to a road with a bicycle path, the bicycle path is treated
as one roadway and the part of the road that is not the bicycle path is treated
as another roadway.
(Traffic Distribution)
Article 17 (1) On a road with demarcations between the sidewalk or side strip
(hereinafter referred to in this Article as a "sidewalk or side strip") and the
roadway, a vehicle must proceed along the roadway; provided, however, that
this does not apply if circumstances compel the driver to cross the sidewalk or
side strip in order to enter or leave a facility or place adjoining the road, or
when the vehicle passes through the sidewalk or side strip to the extent
necessary for the driver to stop or park on the sidewalk or side strip pursuant
to Article 47, paragraph (3) or Article 48.
(2) In a case as referred to in the proviso to the preceding paragraph, the vehicle
must come to a stop immediately before entering the sidewalk or side strip and
must not prevent pedestrians from proceeding.
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(3) A vehicle other than a two-wheeled or three-wheeled bicycle (this excludes
bicycles with sidecars and those that are towing other vehicles) must not enter
onto a bicycle path; provided, however, that a vehicle may cut across a bicycle
path if circumstances compel the driver to do so in order to enter or leave a
facility or place adjoining the road.
(4) A vehicle must proceed along the part of the road (or the part of t he roadway,
if the road with demarcations between the sidewalk or side strip and the
roadway; the same applies hereinafter through Section 9-2) to the left of the
center (if a railway track runs along the side edge of a road, this means the
center of the part of the road that does not include the track bed, and if a
center line is indicated by road signs or markings, the center of the road is the
part of the road that is indicated to be the center line; the same applies
hereinafter) (hereinafter, the part of the road to the left of the center is
referred to as the "left side" of the road).
(5) Notwithstanding the preceding paragraph, a vehicle may stray fully or
partially onto the part of the road to the right side of the center (hereinafter
referred to as the "right side" of the road) in the cases set forth in the following
items. In such a case, the driver of the vehicle must ensure that as little of the
vehicle as possible strays onto the right side, except in the case set forth in
item (i):
(i) if the road is a one-way street (meaning that vehicles on the road are
prohibited from proceeding in a given direction; the same applies
hereinafter);
(ii) if the width of the left side of the road is insufficient to allow the vehicle to
proceed;
(iii) if it is impossible for the vehicle to proceed on the left side of the road due
to an obstruction such as road damage or road work;
(iv) if the driver of the vehicle is attempting to pass another vehicle on the left
side of a road less than six meters wide (but only if the driver of the passing
vehicle has a clear view of the right side of the road and there is no
likelihood of obstructing traffic coming from the other direction; this excludes
cases in which the vehicle is prohibited by road signs or markings from
straying fully or partially onto the right side of the road);
(v) if traffic rules are specified by road signs or markings near a curve on a
steeply sloping road, and the vehicle is proceeding down the road in
compliance with what is specified.
(6) It is prohibited for a vehicle to enter a safety zone or any other part of the
road that road signs or markings indicate is not being made available for
vehicle traffic.
(Applicable Penal Provisions: Article 119, paragraph (1), item (ii)-2 applies to
paragraphs (1) through (4) and paragraph (6) of this Article.)
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(Use of the Side Strip by Light Road Vehicles)
Article 17-2 (1) Notwithstanding paragraph (1) of the preceding Article, a light
road vehicle may use a side strip on the left side of a road (other than a side
strip demarcated by road markings prohibiting use by light road vehicles)
unless doing so would greatly prevent pedestrians from proceeding.
(2) In a case as referred to in the preceding paragraph, the driver of a light road
vehicle must progress down the side strip at such a speed and in such a way as
to not prevent pedestrians from proceeding.
(Applicable Penal Provisions: Article 121, paragraph (1), item (v) applies to
paragraph (2) of this Article.)
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(2) On a road with vehicle traffic lanes, if road signs or markings specify a traffic
distribution different from that which the preceding paragraph prescribes,
vehicles must abide by that distribution of traffic in proceeding down those
vehicle traffic lanes.
(3) When passing; when moving towards the left edge, center, or right edge of a
road pursuant to Article 25, paragraph (1) or (2), Article 34, paragraphs (1)
through (5) or Article 35-2; when proceeding in accordance with Article 35,
paragraph (1); when continuing along a vehicle traffic lane down which the
vehicle has been proceeding pursuant to Article 26-2, paragraph (3); when
temporarily giving way pursuant to Article 40, paragraph (2); or if road
conditions or other circumstances compel it, the driver of a vehicle may proceed
other than in accordance with the preceding two paragraphs. When passing
another vehicle in such a case, the driver must use the vehicle tr affic lane that
is to the immediate right of the vehicle traffic lane in which the vehicle has
been proceeding.
(Applicable Penal Provisions: Article 120, paragraph (1), item (iii) and
paragraph (2))
(Priority Lanes for Fixed-Route Buses and Other Such Motor Vehicles)
Article 20-2 (1) On a road with a vehicle traffic lane indicated by road signs or
markings to be a priority lane for motor vehicles that a provider of motor
carrier services for ride-sharing by general passengers as prescribed in Article
9, paragraph (1) of the Road Transportation Act make available for scheduled
transportation on fixed routes as prescribed in Article 5, paragraph (1), item
(iii) of that Act or for any other motor vehicle as prescribed by Cabinet Order
(hereinafter referred to in this Article as a "fixed-route bus or other such motor
vehicle"), a motor vehicle (other than a fixed-route bus or other such motor
vehicle; the same applies hereinafter in this Article) must not proceed down
that lane if traffic congestion on the road would render it unable to move out of
the lane in the event that a fixed-route bus or other such motor vehicle
approached from behind; and if a fixed-route bus or other such motor vehicle
approaches from behind when a motor vehicle is proceeding down such a lane,
the motor vehicle must promptly move out of the lane so as not to obstruct its
regular operation; provided, however, that this does not apply if a motor
vehicle is required pursuant to other provisions of this Act to proceed down
that lane or if a motor vehicle must proceed down that lane due to road
conditions or other compelling circumstances.
(2) The main clause of paragraph (1) of the preceding Article does not apply to a
motor vehicle proceeding along any vehicle traffic lane or road section that is to
the immediate right of the vehicle traffic lane prescribed in the preceding
paragraph.
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(Applicable Penal Provisions: Article 120, paragraph (1), item (iii) and
paragraph (2) apply to paragraph (1) of this Article.)
Section 2 Speed
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(Issuing Instructions to Users of Vehicles Regarding Violation of Maximum
Speed Limits)
Article 22-2 (1) If the driver of a vehicle violates the preceding Article
(hereinafter referred to in this Article and Article 75-2, paragraph (1) as
committing a "violation (of the maximum speed limit)") in connection with the
services of the vehicle's user(other than the selfsame driver of the vehicle; the
same applies hereinafter in this Article), and the user of the vehicle in which
the violation occurs is found not to be undertaking the necessary operational
management to prevent such violations from occurring in that vehicle, the
public safety commission with jurisdiction over the vehicle's base of operations
may instruct the user to direct or advise its drivers to drive in a way that does
not violate the maximum speed limit, and may instruct the user to take other
measures that are needed for preventing violations of the maximum speed
limit.
(2) If the user of a vehicle that is subject to instructions as under the preceding
paragraph is a motor carrier as prescribed in the Road Transportation Act, a
person engaged in Type II cargo transportation services as prescribed in the
Cargo Forwarder Service Act (Act No. 82 of 1989), or a track operator as
prescribed in the Railway Track Act (but only a trolleybus operator), the
instructions must be issued based on an agreement entered into in advance
between the public safety commission and the administrative agency that
supervises its services.
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Article 25 (1) To make a left turn and exit the road, a driver must bring a
vehicle as close as possible to the left edge of the road beforehand and reduce
speed.
(2) To make a right turn and exit the road, a driver must bring a vehicle (other
than a light road vehicle or trolleybus) as close as possible to the center of the
road beforehand (or as close as possible to the right edge of the road, if the road
is a one-way street) and reduce speed.
(3) Once the driver of a vehicle indicates the intention to make a left or right
turn in order to exit the road and brings the vehicle towards the left edge,
center, or right edge of the road pursuant to the preceding two paragraphs, the
driver of a vehicle behind the turning vehicle must not obstruct the course of
the turning vehicle unless avoiding this would make the driver have to
suddenly change speed or direction.
(Applicable Penal Provisions: Article 121, paragraph (1), item (v) applies to
paragraphs (1) and (2) of this Article. Article 120, paragraph (1), item (ii)
applies to paragraph (3) of this Article.)
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(2) The driver of a vehicle must not change course if this would likely cause a
sudden change of speed or direction by a vehicle or streetcar that is
approaching from behind on the same course that the driver would be on after
changing course.
(3) Except in the following cases, when proceeding down a vehicle traffic lane
demarcated with road markings to show that a change of course is prohibited
for vehicles in that lane, the driver of a vehicle must not change course beyond
where those road markings start:
(i) when bringing the vehicle towards the left or right side of a road pursuant
to Article 40 or if it is impossible to continue to proceed down the curren t
vehicle traffic lane due to road damage, road work, or any other obstruction;
(ii) when attempting to proceed in compliance with Article 40, or when
attempting to proceed in accordance with the provisions on traffic
distribution in a vehicle traffic lane where the vehicle is unable to proceed
due to road damage, road work, or any other obstruction.
(Applicable Penal Provisions: Article 120, paragraph (1), item (ii) applies to
paragraph (2) of this Article. Article 120, paragraph (1), item (iii) and
paragraph (2) apply to paragraph (3) of this Article.)
18
the left edge of the road. The same applies when a second vehicle that is
subject to the same or a lower maximum speed limit catches up to a first
vehicle, if the driver of the first vehicle seeks to continue to travel at a lower
speed than the second vehicle and there is insufficient room betwee n the center
of the road and the first vehicle for the second vehicle to pass.
(Applicable Penal Provisions: Article 120, paragraph (1), item (ii))
(How to Pass)
Article 28 (1) When attempting to pass another vehicle, the driver of a vehicle
must keep to the right side of the vehicle that the driver is attempting to pass
(hereinafter referred to in this Section as the "leading vehicle").
(2) Notwithstanding the preceding paragraph, when attempting to pass a leading
vehicle that is traveling close to the center or the right edge of a road pursuant
to Article 25, paragraph (2) or Article 34, paragraph (2) or (4), the driver of a
vehicle must keep to the left side of the leading vehicle.
(3) When attempting to pass a streetcar, the driver of a vehicle must ke ep to the
left side of the streetcar; provided, however, that this does not apply if the
track runs along the left edge of the road.
(4) In the cases referred to in the preceding three paragraphs, the driver of a
vehicle that is attempting to pass another vehicle (referred to in the following
Article as the "trailing vehicle") must pay due attention to the traffic coming
from the opposite direction and from behind it and the traffic ahead of the
leading vehicle or streetcar, and must proceed at the safest p ossible speed and
in the safest possible manner, in keeping with the speed and course of the
leading vehicle or streetcar and the road conditions.
(Applicable Penal Provisions: Article 119, paragraph (1), item (ii)-2)
19
(iii) at an intersection (other than at an intersection on a priority road as
prescribed in Article 36, paragraph (2), if the vehicle is proceeding down the
priority road), at a railroad crossing, at a pedestrian crossing, over a bicycle
crossing lane or within the 30 meters leading up to any of the foregoing.
(Applicable Penal Provisions: Article 119, paragraph (1), item (ii) and
paragraph (2) of that Article)
20
Article 33 (1) Before going over a railroad crossing, the driver of a vehicle or
streetcar must stop immediately in front of the railroad crossing (or
immediately in front of any stop line established by road signs or markings; the
same applies hereinafter in this paragraph) and must not proceed until after
checking that it is safe to do so; provided, however, that the vehicle or streetcar
may proceed without stopping immediately before a railroad crossing when
complying with a signal indicated by a traffic light.
(2) A vehicle or streetcar must not enter a railroad crossing while a railroad
crossing gate is closing or closed or while a railroad crossing alarm is sounding.
(3) If the driver of a vehicle or streetcar becomes unable to drive the vehicle or
streetcar at a railroad crossing due to a malfunction or other such
circumstance, the driver must immediately signal an emergency or take other
measures to inform railroad or track officials or police officers of the emergency,
as well as taking the necessary measures to move the vehicle or streetcar off
the railroad crossing.
(Applicable Penal Provisions: Article 119, paragraph (1), item (ii) and
paragraph (2) apply to paragraphs (1) and (2) of this Article.)
21
turning right, and on any other road with three or more vehicle traffic lanes on
the left side of the road (or on the road itself, if it is a one-way street)
(hereinafter referred to in this paragraph as a "multi-lane road") (but only if a
motorized bicycle is turning right at a controlled intersection), the driver must
bring the motorized bicycle as close as possible to the left edge of the road
beforehand, and drive at a reduced speed along the outer edge of the
intersection; provided, however, that this does not apply when a motorized
bicycle is required by road signs or markings on a multi-lane road to move
towards the center or the right edge of the road before turning right at a
controlled intersection.
(6) When the driver of a vehicle uses a hand or turn signal to indicate the
intention to move towards the left edge, center, or right edge of the road
pursuant to the preceding paragraphs before turning left or right on a road , the
driver of a vehicles behind that vehicle must not obstruct the change of course
unless avoiding this would make that driver have to suddenly change speed or
direction.
(Applicable Penal Provisions: Article 121, paragraph (1), item (v) applies to
paragraphs (1) through (5) of this Article. Article 120, paragraph (1), item (ii)
to paragraph (6) of this Article.)
22
a left or a right turn through a roundabout, a driver must bring a vehicle as
close as possible to the left edge of the road beforehand, and proceed for as long
as possible along the outer edge of the roundabout (or down the part of th e
road specified by road signs or markings, if any) at a reduced speed.
(2) To go straight or make a U-turn through a roundabout, a driver must bring a
vehicle as close as possible to the left edge of the road beforehand, and proceed
for as long as possible along the outer edge of the roundabout (or down the part
of the road specified by road signs or markings, if any) at a reduced speed.
(Applicable Penal Provisions: Article 121, paragraph (1), item (v))
23
(Applicable Penal Provisions: Article 120, paragraph (1), item (ii) applies to
paragraph (1) of this Article. Article 119, paragraph (1), item (ii)-2 applies to
paragraphs (2) through (4) of this Article.)
Article 37 When making a right turn at an intersection, a vehicle or streetcar
must not obstruct the progress of other vehicles and streetcars passing straight
through or turning left at the intersection.
(Applicable Penal Provisions: Article 120, paragraph (1), item (ii))
24
front of it, the driver of a vehicle or streetcar must come to a stop if the other
vehicle or streetcar is stopped at or immediately in front of a pedestrian or
bicycle crossing (other than a pedestrian or bicycle crossing where the signal
indicated by a traffic light or the alternative signal of an officer pr ohibits
pedestrians and cyclists from crossing at the time the vehicle or streetcar in
question is overtaking; the same applies hereinafter in the following
paragraph).
(3) A vehicle or streetcar must not overtake another vehicle or streetcar (other
than a light road vehicle) on one side and pull in front of it over a pedestrian or
bicycle crossing or on a part of the road within 30 meters before the pedestrian
or bicycle crossing, except in a case that falls under Article 30, item (iii).
(Applicable Penal Provisions: Article 119, paragraph (1), item (ii) and
paragraph (2) of that Article)
25
way street, if moving towards the left side of the road would prevent the
emergency motor vehicle from proceeding; the same applies hereinafter in the
following paragraph).
(2) When an emergency motor vehicle is approaching any place other than what
is prescribed in the preceding paragraph, the driver of a vehicle must move the
vehicle towards the left side of the road and give way to that emergency motor
vehicle.
(Applicable Penal Provisions: Article 120, paragraph (1), item (ii))
26
(3) Article 39 applies mutatis mutandis to fire-services vehicles.
(4) Article 8, paragraph (1), Article 17, paragraph (6), Article 18, Article 20,
paragraphs (1) and (2), Article 25, paragraphs (1) and (2), Article 25-2,
paragraph (2), Article 26-2, paragraph (3), Article 29, Article 30, Article 34,
paragraphs (1) through (5), Article 35, paragraph (1), the first sentence of
paragraph (1) and the entirety of paragraph (3) of Article 38, and Article 40,
paragraph (1), Article 63-6, and Article 63-7 do not apply to fire-services
vehicles.
(Applicable Penal Provisions: Article 120, paragraph (1), item (ii) applies to
paragraphs (1) and (2) of this Article.)
27
(Places Where Stopping or Parking Is Prohibited)
Article 44 The driver of a vehicle must not stop or park on a part of the road
where stopping or parking is prohibited by road signs or markings or on a part
of the road as set forth below, except when coming to a stop pursuant to laws
and regulations, in compliance with a police officer's orders, or in order to
prevent a hazard; provided, however, that this does not apply if a bus or
trolleybus stops to load or unload passengers, or parks to adjust its timing so
that operations can get back on schedule, at a stop or station that is a part of
its transit system:
(i) in an intersection, pedestrian crossing, bicycle crossing lane, or railroad
crossing; on a track bed; in the vicinity of the top of a slope; on a steep slope;
or in a tunnel;
(ii) within 5 meters of the outside edges of an intersection or a curve in the
road;
(iii) within the 5 meters in front of and behind the outside edges of a
pedestrian crossing or bicycle crossing lane;
(iv) the part of the road to the left of a safety zone and within the 10 meters in
front of and behind that part of the road;
(v) within 10 meters of a signpost or signage for a bus stop or for a trolleybus
or streetcar station (but only during the hours of operation of buses,
trolleybuses, and streetcars in the transit system of which that stop or
station is a part);
(vi) within the 10 meters in front of and behind the outside edges of a railroad
crossing.
(Applicable Penal Provisions: Article 119-2, paragraph (1), item (i) and
paragraph (2) and Article 119-3, paragraph (1), item (i) and paragraph (2))
28
entrance or exit connecting either of these to the road;
(iv) within 5 meters of a fire hydrant, a sign indicating a designated fire -
services water source, or the water intake or injection tube of a fire -services
cistern;
(v) within 1 meter of a fire alarm.
(2) The driver of a vehicle must not park pursuant to Article 47, paragraph (2) or
(3) if doing so would fail to leave at least 3.5 meters (or the distance that is
specified by road signs or markings, if any) of road to the right side of the
vehicle; provided, however, that this does not apply when cargo is being loaded
or unloaded if the driver does not leave the vicinity of the vehicle or if the
driver leaves the vicinity of the vehicle but will be able to go back to driving
immediately, and does not apply if the driver is compelled to park pursuant to
those provisions in order to assist an injured or sick person.
(3) The main clause of the preceding paragraph does not apply in an area that
the public safety commission prescribes as an area with infrequent traffic.
(Applicable Penal Provisions: Article 119-2, paragraph (1), item (i) and
paragraph (2), and Article 119-3, paragraph (1), item (i) and paragraph (2)
apply to paragraphs (1) and (2) of this Article.)
(Special Rules for Stopping and Parking Motor Vehicles Bearing an Elderly- or
Special-Needs Driver Mark)
Article 45-2 (1) Notwithstanding Article 44 or paragraph (1) of the preceding
Article, a standard motor vehicle that is driven by a person as referred to in
one of the following items (referred to hereinafter in this paragraph and in the
following paragraph as an "elderly or special-needs driver") (but only a
standard motor vehicle for which the elderly or special-needs driver has made
a filing with the public safety commission having jurisdiction over the domicil e
thereof pursuant to Cabinet Office Order) and that, while stopped or parked,
displays a mark that an elderly or special-needs driver has been issued
pursuant to the following paragraph in an easily visible location on its front -
end (hereinafter referred to as a "motor vehicle bearing an elderly or special-
needs driver mark") may be parked or stopped fully or partially within a part
of the road where stopping or parking is prohibited under Article 44 or where
parking is prohibited under paragraph (1) of the preceding Article, if road signs
or markings indicate that parking or stopping is permitted there:
(i) a person 70 years of age or older who has been issued a license that covers
standard motor vehicles as prescribed in Article 71-5, paragraph (3) (such a
license is referred to simply as a "license for a standard motor vehicle"
hereinafter in this Article);
(ii) a person as prescribed in Article 71-6, paragraph (2) or (3);
(iii) a person other than as set forth in the preceding two items, who has been
29
licensed for a standard motor vehicle and who Cabinet Order provides for as
being in need of special consideration as concerns where they are allowed to
stop or park a standard motor vehicle driven thereby, because of physical
limitations due to pregnancy or other considerations.
(2) At the application of an elderly or special-needs driver, the public safety
commission must issue the driver a mark indicating the driver to be an elderly
or special-needs driver who drives the standard motor vehicle to which the
filing prescribed in the preceding paragraph pertains.
(3) A person who has been issued an elderly or special-needs driver mark may
apply to the public safety commission having jurisdiction over the domicile
thereof for its reissuance if the elderly or special-needs driver mark is lost,
damaged, or defaced.
(4) A person who has been issued an elderly or special-needs driver mark must
promptly return it to the public safety commission having jurisdiction over the
domicile if the person's license for standard motor vehicles is revoked or ceases
to be valid, if the circumstances prescribed in paragraph (1), item (iii) cease to
be a factor, or if any other event that Cabinet Office Order prescribes occurs.
(5) Beyond what is prescribed in the preceding three paragraphs, Cabinet Office
Order provides for the necessary matters in relation to elderly or special -needs
driver marks.
(Applicable Penal Provisions: Article 121, paragraph (1), item (ix) applies to
paragraph (4) of this Article.)
30
Cabinet Order), the driver must bring the vehicle into the side strip pursuant
to Cabinet Order, and must position the vehicle so as not to obstruct traffic.
(Applicable Penal Provisions: Article 119-3, paragraph (1), item (iv) applies
to paragraph (1) of this Article. Article 119-2, paragraph (1), item (ii) and
Article 119-3, paragraph (1), item (iv) apply to paragraphs (2) and (3) of this
Article.)
31
road signs or markings as prescribed in paragraph (1) of the preceding Article.
32
(Special Rules on Parking in Time-Restricted Parking Areas)
Article 49-5 If the chief of a police station specifies a place, manner, start time,
and end time for parking and grants permission, pursuant to public safety
commission rules, for a vehicle to be parked in a time-restricted parking zone,
the preceding two Articles (other than Article 49-3, paragraph (1)) do not apply
to the vehicle subject to that permission and to the driver of that vehicle, so
long as the driver parks the vehicle in the specified place and manner between
that start time and end time. In such a case, the vehicle must not remain
parked there beyond the specified end time.
(Applicable Penal Provisions: Article 119-3, paragraph (1), item (i) and
paragraph (2) apply to the second sentence of this Article.)
33
intersecting road.
(2) A vehicle or streetcar must not enter a pedestrian crossing, bicycle cross ing
lane, railroad crossing, or part of the road demarcated with road markings if,
because of the positioning of vehicles and streetcars further ahead on the
intended course, it would likely end up stopping in that part of the road.
(Applicable Penal Provisions: Article 120, paragraph (1), item (v) and
paragraph (2) of that Article)
34
50 meters of the place where it is parked, but only so far as is necessary to
prevent road traffic hazards or ensure that traffic runs smoothly.
(4) If an officer wishes to move a vehicle pursuant to the preceding paragraph but
there is no place on the road to which it can be moved that is within 50 meters
of where it is parked, the officer must report this to the chief of the police
station having jurisdiction over the place where the vehicle is parked.
(5) Upon receiving a report as referred to in the preceding paragraph, the chief of
the police station may move a vehicle to a parking spot, open space, place on a
road other than as prescribed in paragraph (3), or other such place.
(6) After moving a vehicle pursuant to the preceding paragraph, the chief of the
police station must store the vehicle as its custodian. In such a case, the chief
of the police station must take the necessary measures to prevent theft and
other accidents from befalling the vehicle, such as indicating the chief of the
police station to be storing the vehicle or attaching a wheel-lock device to the
vehicle, depending on the layout of the place where the vehicle is being kept,
how the vehicle is being managed, and other considerations.
(7) After taking a vehicle into storage pursuant to the preceding paragraph, the
chief of the police station must notify the user of the vehicle of the date on
which it was taken into storage and the place where the vehicle is being stored,
as well as indicating that the user must promptly collect the vehicle.
(8) If the chief of a police station cannot ascertain the name and address of the
user of a vehicle or if it is found to be difficult to return a vehicle to the user in
a case as referred to in the preceding paragraph, the chief must notify the
owner of the vehicle as prescribed in that paragraph.
(9) If the chief of a police station cannot ascertain the name and address of the
owner of a vehicle in a case as referred to in the preceding paragraph, the chief
must issue public notice giving the place where the vehicle is being stored and
any other information that Cabinet Order prescribes, pursuant to Cabinet
Order.
(10) After issuing public notice under the preceding paragraph, the chief of the
police station must publicly announce the date and details of the public notice
via the Internet and through other means, pursuant to Cabinet Office Order.
(11) Beyond what is prescribed in paragraphs (7) through (10), Cabinet Order
provides for the necessary particulars concerning the return of a vehicle that
the chief of a police station has taken into storage pursuant to paragraph (6).
(12) If a vehicle that the chief of a police station has taken into storage pursuant
to paragraph (6) remains unreturned one month after the date of a notification
as under paragraph (8) or public notice as under paragraph (9), and the cost
required to store the vehicle is unreasonable compared to the value of the
vehicle as appraised pursuant to Cabinet Order, the chief of the police station
may sell the vehicle and store the proceeds of the sale as the custodian thereof,
35
pursuant to Cabinet Order.
(13) If there is no purchaser for a vehicle in a sale as under the preceding
paragraph and the value of the vehicle as prescribed in that paragraph is
extremely low, the chief of the police station may dispose of it.
(14) The proceeds of a sale undertaken pursuant to paragraph (12) may be
allocated to cover the expenses required to conduct that sale.
(15) The expenses required for moving and storing a vehicle, issuing public notice
with regard to it, and other measures under paragraph (2) or (3) or paragraphs
(5) through (11), are borne by the driver or other responsible person or by
either theuser or the owner of the vehicle (hereinafter referred to through
Article 51-2-2 as the "user or owner").
(16) The chief of the police station must set the amount, due date, and place for
payment of the charges payable by the driver or other responsible person or by
theuser or owner pursuant to the preceding paragraph, and must issue a
written order to that person to pay them. In such a case, if the amount of
expenses provided for in that paragraph is specified by prefectural regulations
in consideration of actual costs, the amount payable is the amount prescribed
therein.
(17) If a person ordered to make a payment pursuant to the preceding paragraph
fails to do so before the due date, the chief of the police station must issue a
written demand that fixes the due date for payment. In such a case, the chief of
the police station may collect a fine for delinquency of up to the amount
calculated as representing 14.5 percent per annum of the charges payable, and
may collect a fee for the necessary costs of issuing the demand.
(18) If a person subject to a demand under the preceding paragraph fails to pay
the charges, fines for delinquency, or fees referred to in the second sentence of
that paragraph (hereinafter referred to in this Article as "charges, f ines, or
fees") by the fixed due date, the chief of the police station may collect the
charges, fines, or fees based on the rules governing measures to collect local
tax arrears. In such a case, charges, fines, or fees follow national taxes and
local taxes in order of priority as concerns statutory liens.
(19) Charges, fines, and fees paid and collected are the revenue of the prefecture
where the police station is located.
(20) If a vehicle stored pursuant to paragraph (6) (or the proceeds of a sale under
paragraph (12); the same applies hereinafter in this paragraph) remains
unreturned three months after the date of a notification as under paragraph
(8) or public notice as under paragraph (9), ownership of the vehicle vests in
the prefecture where the police station is located.
(21) Following the sale of a vehicle as under paragraph (12) (but only one that
constitutes a motor vehicle registered under the Act on Vehicles for Road
Transportation (Act No. 185 of 1951); the same applies hereinafter in this
36
paragraph), the disposal of a vehicle as under paragraph (13), or the vesting of
ownership in a vehicle in the prefecture as under the preceding paragraph, the
chief of the police station, pursuant to Cabinet Order, must commission a
person delegated by the Minister of Land, Infrastructure, Transport and
Tourism or a person delegated pursuant to Article 105, paragraph (1) or (2) of
that Act to undertake the registration under that Act that is associated with
the measure taken as regards the vehicle.
(22) Paragraphs (6), (7), and (9) through (20) apply mutatis mutandis to any load
in a vehicle that is taken into storage pursuant to paragraph (6). In such a case,
the phrase "the user of the vehicle" in paragraph (7) is deemed to be replaced
with "the owner or person in possession of the vehicle or the holder of title to
the load (hereinafter referred to in this Article as the 'owner or other such
person')"; the phrase "the preceding paragraph" in paragraph (9) is deemed to
be replaced with "paragraph (7) as applied mutatis mutandis pursuant to
paragraph (22)" and the phrase "paragraph, the chief" in that paragraph is
deemed to be replaced with "paragraph, and it is found to be difficult to return
the load to a person other than its owner, the chief"; the phrase "para graphs (7)
through (10)" in paragraph (11) is deemed to be replaced with "paragraphs (7),
(9), and (10) as applied mutatis mutandis pursuant to paragraph (22)"; the
phrase "remains unreturned one month after the date of a notification as under
paragraph (8) or" in paragraph (12) is deemed to be replaced with "is likely to
spoil or deteriorate, remains unreturned one month after the day on which the
owner of the load has been notified pursuant to paragraph (7) as applied
mutatis mutandis pursuant to paragraph (22), or remains unreturned one
month after the" and the term "cost" in that paragraph is deemed to be
replaced with "cost or effort"; the phrase "taking measures pursuant to
paragraph (2) or (3) or paragraphs (5) through (11), including moving and
storing the vehicle, and issuing public notice" in paragraph (15) is deemed to be
replaced with "taking measures pursuant to paragraph (6), (7), or (9) through
(11) as applied mutatis mutandis pursuant to paragraph (22), including storing
the load and issuing public notice" and "the driver or other responsible person
or by either theuser or the owner of the vehicle (hereinafter referred to through
Article 51-2-2 as the 'user or owner')" in that paragraph is deemed to be
replaced with "the owner or other such person"; the phrase "the driver or other
responsible person or by the user or owner" in paragraph (16) is deemed to be
replaced with "the owner or other such person"; and the phrase "the date of a
notification as under paragraph (8)" in paragraph (20) is deem ed to be replaced
with "the date that the owner of the load was notified as under paragraph (7)
as applied mutatis mutandis pursuant to paragraph (22)".
(Applicable Penal Provisions: Article 119, paragraph (1), item (iii) applies to
37
paragraph (1) of this Article.)
Article 51-2 (1) An area of road where drivers habitually engage in conduct due
to which their vehicles are found to have been parked illegally (this conduct is
referred to in this Article and Article 51-4 as "illegal parking") and where it is
appropriate to attach wheel-lock devices as under the following paragraph in
order to deter illegal parking, the public safety commission may designate that
section of a road to be an area where wheel-lock devices are employed. In such
a case, the public safety commission must indicate in the area of road it has so
designated that the area is one where wheel-lock devices are employed,
pursuant to Cabinet Office Order.
(2) On finding that, based on road or traffic conditions, circumstances compel the
use of a wheel-lock device in order to deter illegal parking in an area where
wheel-lock devices are employed, the chief of the police station may attach a
wheel-lock device to a vehicle that has been illegally parked in that area.
(3) Notwithstanding the preceding paragraph, a wheel-lock device may not be
attached to one of the following vehicles:
(i) a vehicle with regard to which an order may be issued pursuant to
paragraph (1) of the preceding Article;
(ii) a vehicle from which the chief of the police station has removed a wheel-
lock device pursuant to paragraph (7) less than four hours previously (but
only if the vehicle has continued to be illegally parked in the same way since
its removal).
(4) Before attaching a wheel-lock device to a vehicle pursuant to paragraph (2),
the chief of the police station must endeavor to inform the public, pursuant to
Cabinet Office Order, that wheel-lock devices will be attached to vehicles.
(5) When attaching a wheel-lock device to a vehicle pursuant to paragraph (2),
the chief of a police station must affix, in an easily visible location on the
vehicle, a mark giving the information that a person wishing to move the
vehicle may apply to the chief of the police station for removal of the wheel -
lock device from the vehicle, and giving the other information that Cabinet
Office Order prescribes.
(6) Upon receiving an application for removal of a wheel-lock device from the
user or owner or person otherwise affiliated with a vehicle to which a wheel -
lock device has been attached pursuant to paragraph (2) who wishes to move
that vehicle, the chief of the police station must remove the wheel -lock device.
(7) Beyond as prescribed in the preceding paragraph, within 24 hours of
attaching a wheel-lock device to a vehicle pursuant to paragraph (2), the chief
of the police station must remove that device from the vehicle.
(8) Beyond as prescribed in paragraph (6), on finding that the compelling
circumstances referred to in paragraph (2) that were found to exist no longer
exist, or if it becomes necessary to do so in order to prevent a road hazard or
38
otherwise ensure the safety and fluidity of traffic, the chief of the police station
is to remove a wheel-lock device attached to a vehicle pursuant to paragraph
(2).
(9) When removing a wheel-lock device attached pursuant to paragraph (2), the
chief of the police station must also remove the mark attached to the vehicle
pursuant to paragraph (5).
(10) It is prohibited for any person to damage a wheel-lock device attached to a
vehicle pursuant to paragraph (2) or to damage or deface a mark attached to a
vehicle pursuant to paragraph (5); and it is prohibited for any person to remove
such a wheel-lock device or mark unless it is the chief of the police station that
removes them.
(11) Cabinet Office Order provides for the format of the mark prescribed in
paragraph (5) and other necessary particulars concerning marks as prescribed
in that paragraph.
(Applicable Penal Provisions: Article 117-5, item (ii) and Article 121,
paragraph (1), item (ix) apply to paragraph (10) of this Article.)
39
that has been asked to handle administrative processes by the chief of the
police station pursuant to the preceding paragraph to divulge confidential
information learned in connection with those processes.
(Applicable Penal Provisions: Article 117-4, item (i) applies to paragraph (2)
of this Article.)
(Abandonment Penalty)
Article 51-4 (1) The chief of the police station may have an officer check for
whether there is any vehicle (or a light road vehicle, but only if it has a
structure and equipment that allows it to be towed, and only if it has a gross
weight (meaning a gross weight as prescribed in Article 40, item (iii) of the Act
on Vehicles for Road Transportation) exceeding 750 kilograms (hereinafter
referred to as a "heavy towable vehicle"); the same applies hereinafter in this
Article) that can be found to have been parked illegally and that cannot be
driven immediately because driver has left the vicinity (such a vehicle is
hereinafter referred to as an "abandoned vehicle"), and attach a mark in an
easily visible place on the abandoned vehicle pursuant to Cabinet Office Order,
providing notice that the officer has confirmed the vehicle to have been parked
illegally and that, if the person that parked the abandoned vehicle illegally
does not fall under the case referred to in the proviso to paragraph (4), the user
of the abandoned vehicle may be ordered to pay an abandonment penalty
pursuant to the main clause of that paragraph.
(2) It is prohibited for any person to damage or deface a mark attached to a
vehicle pursuant to the preceding paragraph or to remove the same; provided,
however, that this does not apply to the removal of such a mark by the user or
driver of the vehicle or any other person responsible for the management of
that vehicle.
(3) Having caused a mark to be attached to a vehicle pursuant to paragraph (1),
the chief of the police station must report how the vehicle is parked to the
public safety commission.
(4) Upon receiving a report under the preceding paragraph, if the public safety
commission finds that the vehicle to which the report pertains is an abandoned
vehicle, it may order the user of the vehicle to pay an abandonment penalty;
provided, however, that this does not apply if the person that has illegally
parked the vehicle pays a penalty pursuant to Article 128, paragraph (1)
within 30 days, counting from the day following that on which a mark is
attached to the vehicle pursuant to paragraph (1), nor does it apply if a case
that is connected with that instance of illegal parking becomes subject to
prosecution or is brought before the family court for trial.
(5) An order under the main clause of the preceding paragraph (hereinafter
referred to as a "payment order") is to be issued in writing through a document
40
that gives the amount, due date, and place for payment of the abandonment
penalty.
(6) Prior to issuing a payment order, the public safety commission must notify
theuser of the vehicle of the following information in writing and give the user
an opportunity to submit a written explanation of the matter at issue
(hereinafter referred to in this paragraph and paragraph (9) as an "explanatory
statement") and evidence in theuser's favor within a reasonable timeframe:
(i) the facts constituting the grounds for the payment order;
(ii) the address and due date for submission of an explanatory statement.
(7) If the whereabouts of the person that should be issued a payment order are
unknown, the public safety commission may notify the person as under the
preceding paragraph by making a posting on its notice board indicating the
person's name, the information set forth in item (ii) of that paragraph, and that
the public safety commission will issue a document to the person giving the
information set forth in the items of that paragraph at any time. In such a case,
the notice is deemed to have reached the person two weeks after its postin g.
(8) Cabinet Order provides for the amount of abandonment penalties within the
scope of the amount prescribed in Schedule I.
(9) A person notified as under paragraph (6) may make a provisional payment in
an amount equivalent to the abandonment penalty by the due date for
submission of the explanatory statement, pursuant to Cabinet Order.
(10) A payment order may be issued by public notice against a person making a
provisional payment under the preceding paragraph, pursuant to Cabinet
Order.
(11) If a payment order is issued in connection with a notice referred to in
paragraph (9) against a person that has made a provisional payment as under
that paragraph (9), the provisional payment in the amount equivalent to the
relevant abandonment penalty is deemed to constitute the payment of the
abandonment penalty as under that payment order.
(12) If the public safety commission decides not to issue a payment order in
connection with a notice referred to in paragraph (9) against a person that has
made a provisional payment as under that paragraph, it must promptly notify
that person in writing, giving a clear indication of the reasons for this and
returning the provisional payment.
(13) If a person issued a payment order fails to pay the abandonment penal ty by
its due date, the public safety commission must issue a written demand that
fixes the due date for payment. In such a case, the public safety commission
may collect a fine for delinquency of up to the amount calculated as
representing 14.5 percent per annum of the abandonment penalty, and may
collect a fee for the necessary costs of issuing the demand.
(14) If a person subject to a demand under the preceding paragraph fails to pay
41
the abandonment penalty, fines for delinquency, or fees referred to in the
second sentence of that paragraph (hereinafter referred to in this Article and
Article 51-7 as an "abandonment penalty, fines, or fees") by the fixed due date,
the public safety commission may collect the abandonment penalty, fines, or
fees based on the rules governing measures to collect local tax arrears. In such
a case, the abandonment penalty, fines, or fees follow national taxes and local
taxes in order of priority as concerns statutory liens.
(15) Abandonment penalties, fines, and fees paid and collected are the revenue of
the prefecture where the public safety commission is located.
(16) The public safety commission must revoke a payment order it has issued if
the person illegally parking a vehicle and thereby giving grounds for the
payment order pays a penalty for having parked illegally as under Article 128,
paragraph (1), or if the case involving that instance of illegal parking becomes
subject to prosecution or is brought before the family court for trial.
(17) Having revoked a payment order pursuant to the preceding paragraph, a
public safety commission must promptly notify the person subject to it of this,
clearly indicating the reason for the revocation. In such a case, if the
abandonment penalty, fines, or fees to which the payment order pertained have
been paid or collected, the public safety commission must refund an equivalent
amount.
(18) Service of documents and service by publication in connection with the
collection and refunding of the abandonment penalty, fines, or fees are
governed by the rules governing local taxes.
(Applicable Penal Provisions: Article 121, paragraph (1), item (ix) applies to
paragraph (2) of this Article.)
42
(16) of that Article or when any other reason that Cabinet Office Order
prescribes has been found to exist with respect to the user of a vehicle that has
been the cause of a payment order, a public safety commission must report this,
the name and address of theuser, the plate number of the vehicle, and the
information that Cabinet Office Order prescribes to the National Public Safety
Commission. In such a case, the National Public Safety Commission must
report the information given in the report to each public safety commission in
order to ensure the appropriateness of measures for abandoned vehicles.
(2) When the National Public Safety Commission receives a report that a demand
has been issued pursuant to the first sentence of the preceding paragraph, it
must notify the Minister of Land, Infrastructure, Transport and Tourism or
other relevant authority (meaning the Minister of Land, Infrastructure,
Transport and Tourism; or the Director of the District Transportation Bureau,
the Director of Transportation Administration Department, or the
Transportation Bureau Chief to whom the authority of the Minister has been
delegated; or the Light Motor Vehicle Inspection Organization (meaning the
Light Motor Vehicle Inspection Organization established pursuant to Chapter
V-2 of the Road Transportation Vehicle Act); the same applies in the following
Article) of the information given in the report (but only the information that
Cabinet Office Order prescribes). The same applies if the National Public
Safety Commission receives a report that a payment order for which a demand
has been issued has been revoked.
43
fees subject to the demand have been paid or collected.
(2) If a person (but only one notified as referred to in the first sentence of
paragraph (2) of the preceding Article) that the preceding paragraph requires
to present the document prescribed in that paragraph fails to do so , the
Minister of Land, Infrastructure, Transport and Tourism or other relevant
authority must not return the motor vehicle inspection certificate.
44
Safety Commission;
(d) a person who has been subject to an order pursuant to Article 12 or
Article 12-6 of the Act on the Prevention of Unlawful Activities by
Members of Organized Crime Groups (Act No. 77 of 1991) or an instruction
pursuant to Article 12-4, paragraph (2) of that Act, if it has been less than
less than two years since the day on which the person became subject to
that order or instruction;
(e) an alcohol, narcotics, marijuana, opium, or stimulants addict;
(f) a person provided for by Rules of the National Public Safety Commission
as one who cannot appropriately undertake the checking and confirmation
processes due to a mental or physical disorder.
(4) The public safety commission must register a corporation that has applied for
the registration pursuant to paragraph (2) if it conforms to all of the following
requirements:
(i) the checking and confirmation processes will be carried out using vehicles,
cellular telephones and other portable wireless telephones, maps, cameras,
and computers;
(ii) parking inspectors as referred to in Article 51-12, paragraph (3) will be the
ones checking for, confirming, and marking abandoned vehicles;
(iii) the corporation has an office within the boundaries of the prefecture where
the public safety commission is located.
(5) A registration must give the name of the registered corporation, the name of
its representative, the locality of its principal office, the date of the registration,
and the registration number.
(6) Unless a registration is renewed by the end of each period as prescribed by
Cabinet Order, it becomes invalid once that period passes.
(7) The provisions of paragraphs (2) through (5) apply mutatis mutandis to the
renewal of a registration as referred to in the preceding paragraph.
(Conformance Orders)
Article 51-9 If a public safety commission finds that a registered corporation has
ceased to conform to one of the items under paragraph (4) of the preceding
Article, it must order that corporation to take necessary measures to conform
to that item.
(Rescission of Registration)
Article 51-10 If one of the following items applies to a registered corporation, the
public safety commission may revoke its registration:
(i) it comes to fall under Article 51-8, paragraph (3), item (ii);
(ii) it violates an order under the preceding Article;
(iii) it fails to report or falsely reports as under paragraph ( 1) of the following
45
Article; or it refuses, obstructs, or avoids an inspection under that
paragraph;
(iv) it violates Article 51-12, paragraphs (2) through (4);
(v) it was registered through deception or other wrongful means.
46
same applies in the following paragraph) to divulge confidential information
learned in connection with the checking and confirmation processes.
(7) To apply the Penal Code (Act No. 45 of 1907) and the penal provisions of any
other laws and regulations, officers and staff members of the agency in charge
of checking for abandoned vehicles that are engaged in checking and
confirmation processes are deemed to be officials engaged in public service
pursuant to laws and regulations.
(8) To apply Article 51-4, paragraph (1) pursuant to Article 51-8, paragraph (1) if
a person has been asked to handle checking and confirmation processes, the
term "an officer" in that paragraph is deemed to be replaced with "an officer or
an agency in charge of checking for abandoned vehicles as prescribed in Article
51-12, paragraph (1)".
(Applicable Penal Provisions: Article 117-4, item (i) applies to paragraph (6)
of this Article.)
47
(iii) the person has violated paragraph (5) of the preceding Article or acted
unlawfully in checking for, confirming, or marking an abandoned vehicle,
and is found to be unfit to be a parking inspector in light of the
circumstances of those actions.
48
(2) The driver of a vehicle or streetcar must turn off or reduce the brightness of
its lights or otherwise operate them in accordance with Cabinet Order at night
(or in a case as referred to in second sentence of the preceding paragraph)
when there is an oncoming vehicle or streetcar and when traveling behind
another vehicle or streetcar, if the brightness of those lights are likely to
interfere with vehicle or streetcar traffic.
(Applicable Penal Provisions: Article 120, paragraph (1), item (v) and
paragraph (2) of that Article apply to paragraph (1) of this Article. Article 120,
paragraph (1), item (viii) and paragraph (2) of that Article apply to paragraph
(2) of this Article.)
(Signals)
Article 53 (1) When turning left, turning right, making a U-turn, driving slowly,
stopping, backing up, or changing course while proceeding in the same
direction, the driver of a vehicle (other than a light road vehicle that is not a
bicycle; the same applies in paragraphs (2) and (4)) must signal by hand, turn
signal, or turn light, and must continue to signal until the action is completed.
(2) Notwithstanding the preceding paragraph, when leaving a roundabout or
when slowing down, stopping, or backing up in a roundabout, the driver of a
vehicle in the roundabout must signal by hand, turn signal, or turn light and
must continue to give the signal until the action is completed.
(3) Cabinet Order provides for the necessary particulars as regards when and
how to signal as referred to in the preceding two paragraphs.
(4) Having completed an action provided for in paragraph (1) or (2), the driver of
a vehicle must stop signaling; the driver of a vehicle must not signal if not
taking the action for which one of those paragraphs prescribes that signal.
(Applicable Penal Provisions: Article 120, paragraph (1), item (viii) and
paragraph (2) apply to paragraphs (1), (2), and (4) of this Article.)
49
(Applicable Penal Provisions: Article 120, paragraph (1), item (viii) and
paragraph (2) apply to paragraph (1) of this Article. Article 121, paragraph (1),
item (vi) apply paragraph (2) of this Article.)
50
falls within the scope of that permission.
51
restrictions, the chief of police of the place of departure may attach conditions
to that permission as necessary to prevent hazards, pursuant to Cabinet Order.
(4) Cabinet Office Order provides for the format of permits as referred to in
paragraph (1) and the necessary particulars concerning procedures for
permission to exceed restrictions.
(Applicable Penal Provisions: Article 121, paragraph (1), item (viii) and
Article 123 apply to paragraph (3) of this Article.)
52
particulars concerning, the written road use instructions referred to in
paragraph (2).
(Applicable Penal Provisions: Article 119, paragraph (1), item (iii) -4 applies
to paragraphs (1) and (2) of this Article.)
53
special small motor vehicle, the driver of that motor vehicle must not tow more
than one other vehicle, and when towing another vehicle with any other type of
motor vehicle, the driver of that motor vehicle must not tow more than two
other vehicles; the driver of a motor vehicle must not tow another vehicle if the
length from the front end of the towing motor vehicle to the rear end of the
towed vehicle (or to the rear end of the second towed vehicle, if towing two
vehicles) would exceed 25 meters; provided, however, that this does not apply if
the public safety commission grants permission for the motor vehicle to do so,
specifying the road or limiting the timeframe for towing.
(3) When the public safety commission grants permission pursuant to the proviso
of the preceding paragraph, it must issue a permit.
(4) The driver of a motor vehicle issued a permit pursuant to the preceding
paragraph must carry the permit at all times while undertaking the permitted
towing.
(5) Cabinet Office Order provides for the format of permits as referred to in
paragraph (3) and other necessary particulars concerning the procedures for
the permission prescribed in the proviso to paragraph (2).
(Applicable Penal Provisions: Article 120, paragraph (1), item (x) and Article
123 apply to paragraphs (1) and (2) of this Article.)
54
responsible for maintaining its equipment to allow a person to drive that
vehicle or streetcar if its equipment fails to conform to Chapter III of the Act
on Vehicles for Road Transportation or an order issued thereunder (or whose
equipment fails to conform to what is established by the Minister of Defense
under Article 114, paragraph (2) of the Self Defense Forces Act (Act No. 165 of
1954), for a motor vehicle used by the Self-Defense Forces to which the Act on
Vehicles for Road Transportation do not apply; the same applies hereinafter),
or fails to conform to Article 14 of the Railway Track Act or an order issued
thereunder, as a result of which the vehicle or streetcar is likely to cause a
traffic hazard or be a nuisance to others (referred to in paragraph (1) of the
following Article as an "improperly maintained vehicle"); and it is also
prohibited for the driver of a vehicle or streetcar to drive an improperly
maintained vehicle.
(Applicable Penal Provisions: Article 119, paragraph (1), item (v), a nd
paragraph (2), Article 120, paragraph (1), item (viii)-2 and paragraph (2) and
Article 123)
55
document to the driver of the malfunctioning vehicle showing the things on the
malfunctioning vehicle that require maintenance, and must attach a mark in
an easily visible place on the front end of the malfunctioning vehicle.
(5) Having taken a measure under the preceding paragraph, a police officer must
report this to the competent police station chief over the place where the
measure was taken.
(6) Upon receiving a report as referred to in the preceding paragraph, the chief of
the police station must notify the Director of the District Transport Bureau
with jurisdiction over the base of operations of the malfunctioning vehicle of
the information that Cabinet Office Order/Order of the Ministry of Land,
Infrastructure, Transport and Tourism prescribes.
(7) It is prohibited for any person to damage or deface a mark attached pursuant
to paragraph (4); it is also prohibited for any person to remove such a mark
until after the chief of the nearest police station or the administrative agency
with authority over vehicle maintenance confirms, through procedures that
Cabinet Office Order/Order of the Ministry of Land, Infrastructure, Transport
and Tourism prescribes, that the malfunctioning vehicle has undergone the
necessary maintenance.
(8) Cabinet Office Order/Order of the Ministry of Land, Infrastructure, Transport
and Tourism provides for the format of permits as referred to in paragraph (3),
the format of documents issued to the driver of a malfunctioning vehicle
pursuant to paragraph (4), and the format of marks as referred to in that
paragraph.
(Applicable Penal Provisions: Article 119, paragraph (1), item (vi) applies to
paragraph (1) of this Article. Article 119, paragraph (1), item (vii) applies to
paragraph (2) of this Article. Article 121, paragraph (1), item (ix) applies to
paragraph (2) of this Article.)
56
(Applicable Penal Provisions: Article 121, paragraph (1) item (ix)-2 and
Article 123)
57
(Applicable Penal Provisions: Article 121, paragraph (1), item (v) applies to
paragraph (2) of this Article.)
58
(Applicable Penal Provisions: Article 120, paragraph (1), item (viii)-2 and
paragraph (2) apply to paragraph (1) of this Article.)
59
carrier services as prescribed in Article 2, paragraph (3) of the Road
Transportation Act (hereinafter simply referred to as "passenger motor carrier
services") while it is in service; and other than any other motor vehicles that
Cabinet Order prescribes; the same applies hereinafter in this paragraph) or
on a motorized bicycle for which the person knows that the driver has not been
licensed by a public safety commission as under Article 84, paragraph (1) (this
includes if the driver's license has been suspended pursuant to Article 90,
paragraph (5), Article 103, paragraph (1) or (4), Article 103-2, paragraph (1),
Article 104-2-3, paragraph (1) or (3), or Article 103, paragraph (4) as applied
mutatis mutandis pursuant to Article 104-2-3, paragraph (5)), and then get
into or onto a motor vehicle or motorized bicycle that the driver will drive in
violation of paragraph (1) together with the driver.
(Applicable Penal Provisions: Article 117-2-2, item (i) applies to paragraph
(2) of this Article. Article 117-2-2, item (ii) applies to paragraph (2) of this
Article. Article 117-3-2, item (i) applies to paragraph (3) of this Article.)
60
Article 66 It is prohibited for any person to drive a vehicle or streetcar while in a
state in which overwork, illness, the influence of drugs, or any other
circumstances is likely to make the person unable to drive safely, beyond as
provided in paragraph (1) of the preceding Article. Inability to drive safely
because the person is
(Applicable Penal Provisions: Article 117-2, item (iii) and Article 117-2-2,
item (vii))
61
police officer finds it to be necessary to do so in order to determine whether it
would be appropriate to allow the driver to continue driving the vehicle or
streetcar, the police officer may demand that the driver present a driver's
license as referred to in Article 92, paragraph (1) or an international driving
permit or foreign driver's license as referred to in Article 107-2.
(3) If it is found to be likely that a person who is inside of or about to enter a
vehicle or streetcar will drive the vehicle or streetcar in violatio n of Article 65,
paragraph (1), a police officer may test that person's breath pursuant to
Cabinet Order to determine the level of alcohol in the person's system, in
connection with the measures under the following paragraph.
(4) In a case as referred to in one of the preceding three paragraphs, if the driver
of the vehicle or streetcar is likely to drive the vehicle or streetcar in violation
of Article 64, paragraph (1), Article 65, paragraph (1), Article 66, Article 71 -4,
paragraphs (3) through (6) or Article 85, paragraphs (5) through (7) (other than
item (ii)), a police officer may take the necessary stop-gap measures to prevent
a road traffic hazard , such as instructing the driver not to drive the vehicle or
streetcar until able to drive safely.
(Applicable Penal Provisions: Article 119, paragraph (1), item (viii) applies to
paragraph (1) of this Article. Article 118-2 applies to paragraph (3) of this
Article.)
62
(Rules to Be Observed by Drivers)
Article 71 The driver of a vehicle or streetcar must observe the following rules:
(i) to have mudflaps on the vehicle or streetcar, drive at a reduced speed, or
take other measures so as not to cause a nuisance to others by scattering
mud, dirty water, and other materials when driving through mud or puddles;
(ii) to come to a stop or drive at reduced speed so as not to obstruct the
progress of a wheelchair being used by a person with a physical disability, a
blind person using a Cabinet-Order-prescribed cane or guide dog referred to
in Article 14, paragraph (1), a deaf person, or any other person with a
Cabinet-Order-prescribed degree of physical disability referred to in
paragraph (2) who is walking with a Cabinet-Order-prescribed cane as
referred to in that paragraph, or so as not to obstruct the progress of an
elementary schooler or child not yet of school age who is walking without a
custodian;
(ii)-2 to come to a stop or drive at reduced speed so as not to prevent an elderly
pedestrian, a pedestrian with a physical disability, or a pedestrian with
difficulty using the road from proceeding, beyond as set forth in the
preceding item;
(ii)-3 to drive at a reduced speed and confirm that it is safe before overtaking a
school bus (meaning a motor vehicle as prescribed by Cabinet Order which is
exclusively used to transport persons such as elementary schoolers and
children not yet of school age to places such as elementary schools and
preschools) that has stopped pursuant to Cabinet Order to load or unload
persons such as elementary schoolers and children not yet of school age;
(iii) to drive at a reduced speed when going past the edge of a safety zone on
the left side of a road in which there is a pedestrian;
(iv) to take the necessary measures to prevent persons riding in the vehicle or
streetcar from falling from it and to prevent loaded objects from falling or
scattering from it, such as closing the doors of the vehicle or streetcar and
loading cargo properly onto the vehicle or streetcar;
(iv)-2 to take the necessary measures to prevent a road hazard in the event
that an object loaded onto the vehicle or streetcar has fallen or been
scattered from it, such as removing the fallen or scattered object promptly;
(iv)-3 to not open one of the vehicle's or streetcar's doors or get out of the
vehicle or streetcar without confirming the safety of doing so, and to take the
necessary measures to prevent others riding in the vehicle or streetcar from
causing a traffic hazard by unsafely opening the doors or getting out of the
vehicle;
(v) to take the necessary measures to keep the vehicle or streetcar stopped
when leaving the vicinity of a vehicle or streetcar, such as turning off the
motor or engine and fully engaging the brakes;
63
(v)-2 to take the necessary measures when leaving the vicinity of a motor
vehicle or motorized bicycle, in keeping with the vehicle's equipment, to
prevent the vehicle from being driven or ridden by someone without
permission to do so;
(v)-3 to not suddenly put the motor vehicle or motorized bicycle in motion,
suddenly increase its speed, or increase its engine speed without transferring
the power of the engine to its wheels in a manner that makes a noise causing
an extreme nuisance to others, without a legitimate reason for doing so;
(v)-4 to not drive a motor vehicle alongside a moving motor vehicle bearing a
mark indicating that it is being driven by a person as prescribed in Article
71-5, paragraphs (2) through (4) or Article 71-6, paragraphs (1) through (3)
or a person who has been issued a provisional driver's license as prescribed
in Article 84, paragraph (2) (meaning a standard motor vehicle bearing a
mark as prescribed in Article 71-5, paragraphs (2) through (4), Article 71-6,
paragraph (2) or (3), or Article 87, paragraph (3) or semi-mid-sized motor
vehicle bearing a mark as prescribed in Article 71-6, paragraph (1); the same
applies hereinafter in this item), and to not change course if doing so would
mean that the driver of a marked motor vehicle that would be approaching
from behind on the same course that the driver changing course would be on
after changing course could not maintain the necessary distance as
prescribed in Article 26 between the marked motor vehicle and the motor
vehicle changing course, unless circumstances compel the driver to take such
an action in order to prevent a hazard;
(v)-5 to neither use a cellular telephone, car phone, or other wireless telephone
(but only one that cannot be used to transmit or receive communications
unless all or part of it is held in the hand; referred to as a "wireless
telephone" in Article 120, paragraph (1), item (xi)) to make telephone calls
(other than essential emergency calls to aid injured or sick persons or to
maintain public safety while a motor vehicle or motorized bicycle is in
motion; the same applies in Article 120, paragraph (1), item (xi)) nor focus
attention on the screen of a device (other than one as prescribed in Article 41,
item (xvi) or (xvii) or Article 44, item (xi) of the Act on Vehicles for Road
Transportation; the same applies in Article 120, paragraph (1), item (xi))
installed or carried into a motor vehicle or onto a motorized bicycle
(hereinafter referred to in this item as a "motor-powered vehicle") while
driving that motor-powered vehicle, except when it is at a stop;
(vi) rules that a public safety commission establishes in consideration of road
or traffic conditions, having found it to be necessary to d o so in order to
prevent road hazards or otherwise ensure traffic safety, beyond as set forth
in the preceding items.
(Applicable Penal Provisions: Article 120, paragraph (1), item (ix) applies to
64
items (i), (iv), (v), (v)-3, (v)-4 and (vi), of this Article. Article 119, paragraph (1),
item (ix)-2 applies to items (ii), (ii)-3, and (iii) of this Article. Article 119,
paragraph (1), item (ix)-3 and Article 120, paragraph (1), item (xi) apply to
item (v)-5 of this Article.)
65
replace the functions of a seatbelt when a child not yet of school age is on board,
which comply with Chapter III of the Act on Vehicles for Road Transportation
and orders given under that Chapter and which are configured for the size of a
child not yet of school age; the same applies hereinafter in this paragraph) as a
passenger in the motor vehicle; provided, however, that this does not apply if
the driver is carrying a child not yet of school age whose restraint by child
restraints is not appropriate in light of the medical treatment that the child is
receiving for an illness or if there are any other compelling circumstances that
Cabinet Order prescribes.
66
counting any period during which the person's license was suspended) and
other persons that Cabinet Order prescribes) must not carry a passenge r while
driving a standard or large motorcycle.
(6) A person holding a standard motorcycle license as referred to in Article 84,
paragraph (3) (other than a person also holding a large motorcycle license as
referred to in that paragraph) who has not held that license for at least one
year in total (not counting any period during which the person's license was
suspended) (other than a person who has held a standard motorcycle license at
some point within the six months before the day on which the person came to
hold the current license and other persons that Cabinet Order prescribes) must
not carry a passenger while driving a standard motorcycle.
(7) Cabinet Office Order provides for the standards for motorcycle helmets as
referred to in paragraphs (1) and (2).
(Applicable Penal Provisions: Article 119-3, paragraph (1), item (vi) applies
to paragraphs (3) through (6) of this Article.)
67
bicycles that, pursuant to Article 85, paragraph (2), may be driven by a person
who is permitted to drive a motor vehicle or motorized bicycle of a category
that the Table following Article 85, paragraph (1) sets forth for a given type of
driver's license (hereinafter the category of motor vehicle or motorized bicycle
that the Table sets forth for a given type of driver's license is referred to as a
"vehicle the person is licensed to drive"); hereinafter the same applies in
Article 100-2, paragraph (1), items (i) and (iii)); and other than any other
person that Cabinet Order prescribes) must not drive a standard motor vehicle
without displaying a mark in the format that Cabinet Office Order prescribes
on the front and rear of that vehicle pursuant to Cabinet Office Order.
(3) A person 75 years of age or older who holds a license that permits the person
to drive a standard motor vehicle pursuant to Article 85, paragraph (1) or (2) or
Article 86, paragraph (1) or (2) (hereinafter referred to as a "license for a
standard motor vehicle") must not drive a standard motor vehicle without
displaying a mark in the format that Cabinet Office Order prescribes on the
front and rear of that vehicle pursuant to Cabinet Office Order.
(4) A person 70 years of age or older but under 75 who is licensed for a standard
motor vehicle must endeavor to display a mark in the format that Cabinet
Office Order prescribes on the front and rear pursuant to Cabinet Office Order
when driving a standard motor vehicle if the person's age-related decline in
physical ability is likely to affect the person's driving.
(Applicable Penal Provisions: Article 121, paragraph (1), item (ix) -3 and
paragraph (2) apply to paragraphs (1) through (3) of this Article.)
Article 71-6 (1) A person holding a license that permits the person to drive a
semi-mid-sized motor vehicle pursuant to Article 85, paragraph (1) or (2) or
Article 86, paragraph (1) or (2) must not drive a semi-mid-sized motor vehicle
without displaying a mark in the format that Cabinet Office Order prescribes
on the front and rear of that vehicle pursuant to Cabinet Office Order if any
condition is attached to the license because the licensee has a hearing
impairment to a degree that Cabinet Order prescribes.
(2) A person holding a license for a standard motor vehicle must not drive a
standard motor vehicle without displaying a mark in the format that Cabinet
Office Order prescribes on the front and rear of that vehicle pursuant to
Cabinet Office Order if any condition is attached to the license because the
licensee has a hearing impairment to a degree that Cabinet Order prescribes.
(3) A person holding a license for a standard motor vehicle to which any condition
is attached because the licensee has an orthopedic impairment must endeavor
to display a mark in the format that Cabinet Office Order prescribes on the
front and rear of the vehicle pursuant to Cabinet Office Order when driving a
standard motor vehicle if the orthopedic impairment is likely to affect the
68
person's driving.
(Applicable Penal Provisions: Article 121, paragraph (1), item (ix) -3 and
paragraph (2) apply to paragraphs (1) and (2) of this Article.)
(Applicable Penal Provisions: Article 117, paragraphs (1) and (2) and Article
117-5, item (i) apply to the first sentence paragraph (1) of this Article. Article
69
119, paragraph (1), item (x) apply to the second sentence of paragraph (1) of
this Article. Article 120, paragraph (1), item (xi)-2 applies to paragraph (2) of
this Article.)
Article 72-2 (1) In a case as referred to in paragraph (3) of the preceding Article,
if it is found to be difficult for the driver or staff member of a vehicle or
streetcar to immediately follow the instructions given pursuant to that
paragraph due to injury or another reason, a police officer at the scene may
physically move an object damaged in the traffic accident or a load being
carried by a vehicle or streetcar involved in the traffic accident (hereinafter
referred to in this Article as a "damaged object or load") and take other stop -
gap measures, but only so far as is necessary to prevent road traffic hazards
and otherwise ensure the safety and fluidity of traffic.
(2) In a case as referred to in the preceding paragraph, having moved a damaged
object or load, a police officer must hand it over to the chief of the police station
who has jurisdiction over the place where the damaged object or load was
originally found. In such a case, the chief of the police station must store the
damaged object or load as its custodian.
(3) Article 51, paragraph (7) and paragraphs (9) through (21) and Article 51 -2-2
apply mutatis mutandis to damaged objects and loads subject to measures
under the preceding two paragraphs. In such a case, the term " user" in Article
51, paragraph (7) is deemed to be replaced with "owner or person in possession
of the vehicle or the holder of title to the damaged object or load (hereinafter
referred to in this Article and Article 51-2-2 as the 'owner or other such
person')"; the phrase "the preceding paragraph" in paragraph (9) of that Article
is deemed to be replaced with "paragraph (7) as applied mutatis mutandis
following a deemed replacement of terms pursuant to Article 72-2, paragraph
(3)" and the phrase "paragraph, the chief" in that paragraph is deemed to be
replaced with "paragraph, and it is found to be difficult to return the damaged
object or load to a person other than its owner, the chief"; the phrase
"paragraphs (7) through (10)" in paragraph (11) of that Article is deemed to be
replaced with "paragraph (7) and the preceding two paragraphs as applied
mutatis mutandis following a deemed replacement of terms purs uant to Article
72-2, paragraph (3)"; the phrase "remains unreturned one month after the date
of a notification as under paragraph (8)" in paragraph (12) of that Article is
deemed to be replaced with "is likely to spoil or deteriorate, remains
unreturned one month after the day on which the owner of the damaged object
or load has been notified pursuant to paragraph (7) as applied mutatis
mutandis following a deemed replacement of terms pursuant to Article 72-2,
paragraph (3), or remains unreturned one month after the" and the term "cost"
is deemed to be replaced with "cost or effort"; the phrase "the driver or other
responsible person, theuser, or the owner of the vehicle (hereinafter referred to
70
through Article 51-2-2 as the "user or owner")" paragraph (15) of that Article is
deemed to be replaced with "the owner or other such person"; the phrase "the
driver or other responsible person or by the user or owner" in paragraph (16) of
that Article is deemed to be replaced with "the owner or other such person"; t he
phrase "the date of a notification as under paragraph (8)" in paragraph (20) of
that Article is deemed to be replaced with "the date that the owner of the
damaged object or load was notified as under paragraph (7) as applied mutatis
mutandis following a deemed replacement of terms pursuant to Article 72-2,
paragraph (3)"; and the phrase "the user or owner or person otherwise
affiliated with a vehicle being stored pursuant to paragraph (6) of that Article;
or the owner or person in possession of a load being stored pursuant to
paragraph (6) of that Article as applied mutatis mutandis pursuant to
paragraph (22) of that Article or a person holding title to or otherwise affiliated
with such a load," in paragraph (1) of Article 51-2-2 is deemed to be replaced
with "the owner or other such person or the person otherwise affiliated with
the damaged object or load being stored pursuant to the second sentence of
Article 72-2, paragraph (2)".
(Prohibition on Interfering)
Article 73 In the event of a traffic accident, if a person other than the driver or
staff member of the vehicle or streetcar involved in the traffic accident is in the
vehicle or streetcar, that person must not interfere with the driver's or staff
member's taking the measures prescribed in the first sentence of Article 72,
paragraph (1) or with the driver's or staff member's reporting as prescribed in
the second sentence of that paragraph.
(Applicable Penal Provisions: Article 120, paragraph (1), item (ix))
71
(3) Theusers of fire-services vehicles, ambulances, and other motor vehicles that
Cabinet Order prescribes (other than users that have appointed a driving
safety supervisor pursuant to Article 74-3, paragraph (1)) must endeavor to
provide the drivers of its motor vehicles with the necessary traffic safety
education to ensure that their motor vehicles are driven safely.
Article 74-2 The user of a vehicle must ensure that there is a place for its
vehicles to be properly parked and take other necessary measures for the
proper parking of its vehicles.
72
over the motor vehicles' base of operations. The same applies if the user
dismisses a primary or deputy driving safety supervisor.
(6) If a primary or deputy driving safety supervisor no longer meets one of the
requirements that Cabinet Office Order prescribes which is referred to in
paragraph (1) or (4) or if the public safety commission finds that the driving
safety supervisor has not ensured that the relevant motor vehicles will be
driven safely because the supervisor has failed to observe paragraph (2), the
public safety commission may order the motor vehicle user to dismiss the
relevant primary or deputy driving safety supervisor.
(7) A motor vehicle user must grant its driving safety supervisor the necessary
authority to perform the duties referred to in paragraph (2).
(8) If a motor vehicle user is notified by a public safety commission that it will
hold the training set forth in Article 108-2, paragraph (1), item (i) for primary
or deputy driving safety supervisors appointed by the user, the user must have
its primary or deputy driving safety supervisor undergo that training.
(Applicable Penal Provisions: Article 120, paragraph (1), item (xi) -3 and
Article 123 apply to paragraphs (1), (4), and (6) of this Article. Article 121,
paragraph (1), item (ix)-2 and Article 123 apply to paragraph (5) of this
Article.)
73
(iii) to drive a motor vehicle in violation of Article 65, paragraph (1);
(iv) to drive a motor vehicle in violation of Article 66;
(v) to drive a large, mid-sized, or semi-mid-sized motor vehicle in violation of
Article 85, paragraph (5); to drive a mid-sized or semi-mid-sized motor
vehicle in violation of paragraph (6) of that Article; to drive a semi-mid-sized
or standard motor vehicle in violation of paragraph (7) of that Article; to
drive a standard motor vehicle in violation of paragraph (8) of that Article; to
drive a standard or large motorcycle in violation of paragraph (9) of that
Article; or to drive a standard motorcycle in violation of paragraph (10) of
that Article;
(vi) to drive a motor vehicle carrying a load in violation of Article 57,
paragraph (1); or
(vii) to make it so that a motor vehicle cannot be driven immediately by leaving
the vicinity (limited to conduct causing a motor vehicle to be parked in
violation of Article 44, Article 45, paragraph (1) or (2), Article 47, paragraph
(2) or (3), Article 48, Article 49-3, paragraph (3), Article 49-4, or Article 75-8,
paragraph (1)).
(2) If auser, supervisor, or manager of motor vehicles violates the preceding
paragraph thereby causing the driver of a motor vehicle to engage in conduct
set forth in one of the items of that paragraph, and the public safety
commission with jurisdiction over the base of operations of the motor vehi cle
connected with the violation finds that the operator's use of its motor vehicles
in connection with its business activities is likely to cause an extreme traffic
hazard on a road or an extreme obstruction to traffic, it may issue an order to
the user , in accordance with the standards that Cabinet Order prescribes, not
to drive or allow any person to drive the motor vehicles connected with the
violation for a period of up to six months that it fixes.
(3) Before issuing an order pursuant to the preceding paragraph, a public safety
commission must hear the as of the supervising administrative agency for the
relevant services if theuser of a motor vehicle that would be subject to the
order is a passenger motor carrier under the Road Transportation Act or a
person engaged in Type II cargo transportation services under the Cargo
Forwarder Service Act.
(4) Irrespective of the category of proceedings for hearing statements of opinion
under Article 13, paragraph (1) of the Administrative Procedure Act (Act No.
88 of 1993), a public safety commission seeking to issue an order pursuant to
paragraph (2) must hold a hearing.
(5) To hold a hearing as referred to in the preceding paragraph, a public safety
commission must notify the relevant persons as under Article 15, paragraph (1)
of the Administrative Procedure Act and issue public notice of the date and
place of the hearing, by one week prior to the hearing date.
74
(6) If a person is notified as referred to in the preceding paragraph in the way
that Article 15, paragraph (3) of the Administrative Procedure Act prescribes,
the reasonable period of time to be set aside before the hearing date pursuant
to paragraph (1) of that Article must not be less than two weeks.
(7) The proceedings on the hearing date referred to in paragraph (4) must be
open to the public.
(8) On finding it to be necessary to do so, the person presiding over the hearing
referred to in paragraph (4) may request the appearance of witnesses who have
expert knowledge about road traffic or persons connected with the matter at
issue so as to hear their opinions or circumstances.
(9) A public safety commission that has issued an order pursuant to paragraph
(2) must issue a document to the user of the motor vehicle subject to the order
giving the information that Cabinet Office Order prescribes, including the
number of the identification plate of any motor vehicle that the user may
neither drive nor allow others to drive, and must affix a mark in the format
that Cabinet Office Order prescribes in a conspicuous place on the front of any
such motor vehicle.
(10) A person purchasing a motor vehicle to which a mark has been affixed
pursuant to the preceding paragraph from auser or from a third party who
holds title to its use may apply to a public safety commission, pursuant to
Cabinet Office Order, for removal of that mark. In such a case, the public
safety commission must remove the mark.
(11) It is prohibited for any person to damage or deface a mark affixed pursuant
to paragraph (9); and it is prohibited for any person to remove such a mark
until after the end of the period during which the motor vehicle is prohibited
from being driven.
(Applicable Penal Provisions: Article 117-2-2, item (viii) and Article 123 apply
to paragraph (1), item (i) of this Article. Article 118, paragraph (1), item (iv)
and Article 123 apply to paragraph (1), items (ii) and (v) of this Article.
Article 117-2, item (iv), Article 117-2-2, item (ix) and Article 123 apply to
paragraph (1), item (iii) of this Article. Article 117-2, item (v), Article 117-2-2,
item (x), and Article 123 apply to paragraph (1), item (iv) of this Article.
Article 118, paragraph (1), item (v), Article 119, paragraph (1), item (xi) and
Article 123 apply to paragraph (1), item (vi) of this Article. Article 119 -2,
paragraph (1), item (iii) and Article 123 apply to paragraph (1), item (vii) of
this Article. Article 119, paragraph (1), item (xii) and Article 123 apply to
paragraph (2) of this Article. Article 121, paragraph (1), item (ix) applies to
paragraph (11) of this Article.)
Article 75-2 (1) If a public safety commission issues an instruction as set forth in
the left-hand column of the following Table to the user of a motor vehicle and if
75
a violation set forth in the corresponding right-hand column of that Table is
committed in a motor vehicle operated thereby within one year after the user is
issued that instruction and the commission finds that the user's operation of
such a motor vehicle is likely to cause an extreme traffic hazard, the public
safety commission with jurisdiction over the motor vehicle's base of operations
may order the user, in accordance with the standards that Cabinet Order
prescribes, not to drive or allow any person to drive the motor vehicle for a
period of up to three months that it fixes:
(2) If a public safety commission issues a payment order to the user of a vehicle
to which a mark has been affixed pursuant to Article 51-4, paragraph (1) and if
the operator had been issued any other payment order (other than one revoked
pursuant to paragraph (16) of that Article) because of that vehicle within six
months before the date on which the mark was affixed and the commission
finds that the operator's operation of such a vehicle is likely to cause an
extreme hazard or an obstruction to traffic, the public safety commission with
jurisdiction over the vehicle's base of operations may order the operator, in
accordance with the standards that Cabinet Order prescribes, not to drive or
allow any other person to drive the vehicle for a period of up to three months
that it fixes.
(3) Paragraphs (3) through (11) of the preceding Article apply mutatis mutandis
to orders issued pursuant to the preceding two paragraphs.
(Applicable Penal Provisions: Article 119, paragraph (1), item (xii) and
Article 123 apply to paragraphs (1) and (2) of this Article. Article 121,
paragraph (1), item (ix) applies to paragraph (3) of this Article.)
76
supervisor or the driving safety supervisor to report as necessary or submit the
necessary materials.
(2) On finding it to be necessary to do so in order to facilitate the proper
operation of motor vehicles in terms of speed, parking, or loading, or the
mental and physical condition of the driver, a public safety commission may
ask a user of a motor vehicle to report as necessary or submit the necessary
materials.
(General Rules)
Article 75-2-3 Beyond what is prescribed in the preceding four Chapters, the
rules for motor vehicle traffic over national expressways and limited highways
and other such considerations are governed by this Chapter.
77
laws and regulations or is compelled to drive below the minimum speed limit in
order to prevent a hazard.
(Applicable Penal Provisions: Article 120, paragraph (1), item (xii))
(Interacting with Other Motor Vehicles When Entering Main Roadways and at
Other Times)
Article 75-6 (1) A motor vehicle (other than an emergency motor vehicle)
attempting to enter a main roadway (if attempting to enter a main roadway
from another main roadway, this is limited to when the main roadway that the
motor vehicle is attempting to enter is designated by road signs or markings)
must not obstruct the progress of any other motor vehicle proceeding down the
main roadway; provided, however that this does not apply if traffic controls are
in place at the intersection.
(2) A motor vehicle other than an emergency motor vehicle must not prevent an
emergency motor vehicle that is attempting to enter a main roadway or exit a
main roadway on which it is traveling from proceeding.
(Applicable Penal Provisions: Article 120, paragraph (1), item (ii))
78
a motor vehicle, and the driver stops or parks on a shoulder or side strip that
is wide enough for stopping or parking;
(iii) a driver stops a bus to load or unload passengers or parks a bus to adjust
its timing so that operations can get back on schedule, at a bus stop that is
part of the bus's transit system; or
(iv) a driver stops a motor vehicle at a tollgate in order to pay a toll.
(2) Article 50-2, Article 51 and Article 51-2-2 apply mutatis if a motor vehicle is
found to have been stopped or parked in violation of the preceding paragraph.
In such a case, the phrase "another place on a road within 50 meters of the
place where it is parked" in Article 51, paragraph (3) is deemed to be replaced
with "a place that Cabinet Order prescribes", the phrase "but there is no place
on the road to which it can be moved that is within 50 meters of where it is
parked" in paragraph (4) of that Article is deemed to be replaced with "but it
cannot be moved to a place that Cabinet Order prescribes which is referred to
in the preceding paragraph" and the phrase "a parking spot, open space, place
on a road other than as prescribed in paragraph (3), or other such place" in
paragraph (5) of that Article is deemed to be replaced with "a place on a road
other than as prescribed in paragraph (3)".
(3) A motor vehicle that is found to have been parked on a national expressway
or limited highway in violation of paragraph (1) and which cannot be driven
immediately because the driver has left the vicinity is deemed to be an
abandoned vehicle as prescribed in paragraph (1) of Article 51-4, and that
Article applies.
(Applicable Penal Provisions: Article 119-2, paragraph (1), item (ii) and
Article 119-3, paragraph (1), item (iv) apply to paragraph (1) of this Article.
Article 119, paragraph (1), item (iii) apply to paragraph (2) of this Article.)
79
motor vehicle equipped for towing as referred to in paragraph (1) must travel
in the far left-hand vehicle traffic lane (or in the vehicle traffic lane that is
designated by road signs or markings).
(4) It is permissible for a motor vehicle equipped for towing as referred to in
paragraph (1) not to observe the preceding two paragraphs when passing a
motor vehicle traveling at a speed below the minimum speed limit as
prescribed in Article 23 or Article 75-4; when continuing to travel in the vehicle
traffic lane in which it has been traveling pursuant to Article 26-2, paragraph
(3); when temporarily yielding the right-of-way pursuant to Article 40,
paragraph (2); or when road conditions or other circumstances compel this. In
such a case, the motor vehicle equipped for towing must use the vehicle traffic
lane to the immediate right of any motor vehicle it is passing in order to pass
that motor vehicle.
(Applicable Penal Provisions: Article 120, paragraph (1), item (iii) and
paragraph (2) of that Article apply to paragraphs (2) through (4) of this
Article.)
80
Article 75-11 (1) If, due to a malfunction or other such circumstance, the driver
of a motor vehicle has become unable to drive that motor vehicle on a main
roadway or in an acceleration lane, deceleration lane, or climbing lane
adjoining a main roadway (hereinafter referred to as the "main roadway or
adjoining lane"), or on a shoulder or side strip adjoining a main roadway or
adjoining lane, the driver must indicate that the motor vehicle is stopped due
to a malfunction or other such circumstance, pursuant to Cabinet Order.
(2) If, due to a malfunction or other such circumstance, the driver of a motor
vehicle has become unable to drive that motor vehicle on a main roadway or
adjoining lane, the driver must promptly take the necessary measures to
relocate the motor vehicle to a place other than the main roadway or adjoining
lane.
(Applicable Penal Provisions: Article 120, paragraph (1), item (xii)-2 applies
to paragraph (1) of this Article.)
(Prohibited Activities)
Article 76 (1) It is prohibited for any person to install a traffic light, a road sign
or marking, or any similar structure or object on any road without due cause.
(2) It is prohibited for any person to install any structure or object that impairs
the utility of traffic lights or road signs or markings on a road.
(3) It is prohibited for any person to place an object on a road in a manner that
obstructs traffic, without due cause.
(4) It is prohibited for any person to:
(i) wander around drunk on a road to an extent that obstructs traffic;
(ii) lie down, sit down, crouch, or stand on a road in a manner that obstructs
traffic;
(iii) play with a ball or roller-skates or engage in any similar activity on a road
with a large amount of traffic;
(iv) throw or launch a stone, glass bottle, piece of metal, or other object likely
to harm a person or a vehicle or streetcar that is on a road;
(v) throw an object from a vehicle or streetcar traveling down a road, other
than as set forth in the preceding item;
(vi) jump into or out of or onto or off of the exterior of a motor vehicle,
trolleybus, or streetcar that is traveling down the road at the time; and
(vii) engage in any conduct specified by a public safety commission as likely to
cause a road traffic hazard or an extreme obstruction to traffic due to road or
traffic conditions, other than as set forth in the preceding items.
(Applicable Penal Provisions: Article 118, paragraph (1), item (vi) and Article
81
123 apply to paragraphs (1) and (2) of this Article. Article 119, paragraph (1),
item (xii)-4 and Article 123 apply to paragraph (3) of this Article. Article 120,
paragraph (1), item (ix) apply to paragraph (4) of this Article.)
82
under item (i) of the preceding paragraph.
(4) The competent police station chief may make changes or add to the conditions
attached pursuant to the preceding paragraph, if it becomes particularly
necessary to do so in order to prevent road hazards or otherwise ensure the
safety and fluidity of traffic.
(5) If a person that has obtained the permission under paragraph (1) violates a
condition under the preceding two paragraphs or if it becomes particularly
necessary to do so in order to prevent road hazards or otherwise ensure the
safety and fluidity of traffic, the competent police station chief may revoke the
permission or suspend its validity.
(6) Before taking a measure under the preceding paragraph with regard to a
person that has violated a condition under paragraph (3) or (4), the competent
police station chief must first notify the person of the date, time, and place for
giving an explanation and the reason that the measure would be taken, as well
as providing the person with an opportunity to submit an explanation of the
matter at issue and evidence in the person's favor; provided, however, that this
does not apply if circumstances urgently compel that the competent police
station chief do otherwise in order to prevent a traffic hazard.
(7) A person that has obtained permission pursuant to paragraph (1) must
promptly remove the structure or take other measures to restore the road to its
original state if the period of the permission is of limited duration and expires,
or if the permission is revoked pursuant to paragraph (5).
(Applicable Penal Provisions: Article 119, paragraph (1), item (xii)-4 and
Article 123 apply to paragraph (1) of this Article. Article 119, paragraph (1),
item (xiii) and Article 123 apply to paragraphs (3) and (4) of this Article.
Article 120, paragraph (1), item (xiii) and Article 123 apply to paragraph (7) of
this Article.)
83
competent police station chief if a piece of information written on the permi t
changes, and have the chief enter the information following the change on the
permit.
(5) A person issued a permit pursuant to paragraph (3) may apply to the
competent police station chief for its reissuance if it is lost, damaged, or
defaced.
(6) Cabinet Office Order provides for the format for written applications as
referred to in paragraph (1), the format for permits as referred to in paragraph
(3), and other necessary details of the procedures for permission referred to in
paragraph (1) of the preceding Article.
(Applicable Penal Provisions: Article 121, paragraph (1), item (ix) applies to
paragraph (4) of this Article.)
84
paragraph (1) or (2);
(ii) a person placing an object in violation of Article 76, paragraph (3);
(iii) a person erecting or placing a structure or object or undertaking
construction or work in violation of Article 77, paragraph (1);
(iv) a person violating a condition attached by the competent police station
chief under Article 77, paragraph (3) or (4); or
(v) a person failing to remove a structure or object or to take other measures to
restore the road to its original state, in violation of Article 77, paragraph (7).
(2) If unable to ascertain the name and address of the person set forth in item (i),
(ii), or (iii) of the preceding paragraph, and if therefore unable to order that
person to take the measures under the preceding paragraph, the chief of the
police station may personally take the measures. In such a case, if the chief of
the police station removes a structure or object, the chief must store it as its
custodian.
(3) Having come to store a structure or object pursuant to the second sentence of
the preceding paragraph, the chief of a police station must issue public notice
of the information that Cabinet Order prescribes or take other necessary
measures that Cabinet Order prescribes to return the structure or object to the
person in possession or owner of the structure or object or to any other person
holding title to the structure or object (hereinafter referred to in this Article
and Article 82 as the "person in possession, owner, or holder of title").
(4) If a structure or object stored pursuant to paragraph (2) is likely to be lost or
damaged, or if such a structure or object remains unreturned three months
after the date of public notice as under the preceding paragraph and the cost or
effort required to store it is unreasonable compared to its value as appraised
pursuant to Cabinet Order, the chief of the police station may sell the structure
or object and store the proceeds of the sale as the custodian thereof, pursuant
to Cabinet Order.
(5) If there is no purchaser for a structure or object in a sale as under the
preceding paragraph and the value of the structure or object as prescribed in
that paragraph is very low, the chief of the police station may dispose of it.
(6) The proceeds of a sale undertaken pursuant to paragraph (4) may be a llocated
to cover the expenses required to conduct that sale.
(7) The expenses required for things such as the removal, moving, repair,
retention, sale, and public notice in connection with a structure or object as
prescribed in paragraphs (2) through (4) are borne by the person in possession,
owner, or holder of title to whom the structure or object should be returned.
(8) The chief of the police station must set the amount, due date, and place for
payment of the charges payable by the person in possession, owner, or holder of
title pursuant to the preceding paragraph, and must issue a written order to
that person to pay them.
85
(9) If a person ordered to make a payment pursuant to the preceding paragraph
fails to do so before the due date, the chief of the police station must issue a
written demand that fixes the due date for payment. In such a case, the chief of
the police station may collect a fine for delinquency of up to the amount
calculated as representing 14.5 percent per annum of the charges payable, and
may collect a fee for the necessary costs of issuing the demand.
(10) If a person subject to a demand under the preceding paragraph fails to pay
the charges, fines for delinquency, or fees referred to in the second sentence of
that paragraph (hereinafter referred to in this Article as "charges, fines, or
fees") by the fixed due date, the chief of the police station may collect the
charges, fines, or fees based on the rules governing measures to collect local
tax arrears. In such a case, the charges, fines, or fees follow national taxes and
local taxes in order of priority as concerns statutory liens.
(11) Charges, fines, and fees paid and collected are the revenue of the prefecture
where the police station is located.
(12) If a structure or object stored pursuant to paragraph (2) (or the proceed of its
sale pursuant to paragraph (4); the same applies hereinafter in this paragraph)
remains unreturned six months after the date of the public notice prescribed in
paragraph (3), ownership of the structure or object vests in the prefecture
where the police station is located.
(Applicable Penal Provisions: Article 119, paragraph (1), item (xiv) and
Article 123 apply to paragraph (1) of this Article.)
86
paragraph.
(Applicable Penal Provisions: Article 119, paragraph (1), item (xiv) and
Article 123 apply to paragraph (1) of this Article.)
(Driver's Licenses)
87
Article 84 (1) A person seeking to drive a motor vehicle or ride a motorized
bicycle (hereinafter referred to as a "motor vehicle or motorized bicycle") must
obtain a driver's license (hereinafter referred to as a "license" or "licensing")
from a public safety commission in order to do so.
(2) A license is classified as either a class 1 driver's license (hereinafter referred
to as a "class 1 license"), a class 2 driver's license (hereinafter referred to as a
"class 2 license"), or a provisional driver's license (hereinafter referred to as a
"provisional license").
(3) Class 1 licenses are classified into 10 categories: large motor vehicle licenses
(hereinafter referred to as "L-MVL"); mid-sized motor vehicle licenses
(hereinafter referred to as "M-MVL"); semi-mid-sized motor vehicle licenses
(hereinafter referred to as "SM-MVL"); standard motor vehicle licenses
(hereinafter referred to as "S-MVL"); special large motor vehicle licenses
(hereinafter referred to as "SL-MVL"); large motorcycle licenses (hereinafter
referred to as "L-ML"); standard motorcycle licenses (hereinafter referred to as
"S-ML"); special small motor vehicle licenses (hereinafter referred to as "SS-
MVL"); motorized bicycle licenses (hereinafter referred to as "MBL"); and
towing licenses.
(4) Class 2 licenses are classified into five categories: class 2 large motor vehicle
licenses (hereinafter referred to as "class 2 L-MVL"); class 2 mid-sized motor
vehicle licenses (hereinafter referred to as "class 2 M-MVL"); class 2 standard
motor vehicle licenses (hereinafter referred to as "class 2 S-MVL"); class 2
special large motor vehicle license (hereinafter referred to as "class 2 SL-
MVL"); and class 2 towing licenses.
(5) Provisional licenses are classified into four categories: provisional large motor
vehicle licenses (hereinafter referred to as "provisional L-MVL"); provisional
mid-sized motor vehicle licenses (hereinafter referred to as "provisional M-
MVL"); provisional semi-mid-sized motor vehicle licenses (hereinafter referred
to as "provisional SM-MVL"); and provisional standard motor vehicle licenses
(hereinafter referred to as "provisional S-MVL").
(Class 1 Licenses)
Article 85 (1) A person seeking to drive a motor vehicle or motorized bicycle as
set forth in the left-hand column of the following Table must obtain the
corresponding class 1 license set forth in the right-hand column of that Table
in order to do so:
88
Semi-mid-sized motor vehicle SM-MVL
Standard motor vehicle S-MVL
Speical large motor vehicle SL-MVL
Large motorcycle L-ML
Standard motorcycle S-ML
Special small motor vehicle SS-MVL
Motorized bicycle MBL
(2) In addition to its being permissible for a person holding a class 1 license as
set forth in the right-hand column of the Table following the preceding
paragraph to drive a motor vehicle or motorized bicycle of the category that the
Table sets forth for that type of license, it is also permissible for such a person
to drive motor vehicles and motorized bicycles of the types set for th in the
right-hand column of the following Table, with the type of license set forth in
the corresponding left-hand column of that Table:
89
(5) Notwithstanding paragraph (2), it is not permissible for a person holding an
L-MVL who is under 21 years of age or who has not held an L-MVL, M-MVL,
SM-MVL, S-MVL, or SL-MVL for at least three years in total (not counting any
period during which the person's license was suspended) to drive a large motor
vehicle, mid-sized motor vehicle, or semi-mid-sized motor vehicle that Cabinet
Order prescribes.
(6) Notwithstanding paragraph (2), it is not permissible for a person holding an
M-MVL (other than a person also holding an L-MVL) who is under 21 years of
age or who has not held an L-MVL, M-MVL, SM-MVL, S-MVL, or SL-MVL for
at least three years in total (not counting any period during which the person's
license was suspended) to drive a mid-sized motor vehicle or semi-mid-sized
motor vehicle that Cabinet Order prescribes.
(7) Notwithstanding paragraph (2), it is not permissible for a person holding an
SM-MVL (other than a person also holding an L-MVL or M-MVL) who is as set
forth in one of the following items to drive a motor vehicle as provided in the
item:
(i) a person under 21 years of age or who has not held an L-MVL, M-MVL, SM-
MVL, S-MVL, or SL-MVL for at least three years in total (not counting any
period during which the person's license was suspended): a semi-mid-sized
motor vehicle that Cabinet Order prescribes; and
(ii) a person who has not held an L-MVL, M-MVL, SM-MVL, S-MVL, or SL-
MVL for at least two years in total (not counting any period during which the
person's license was suspended); a standard motor vehicle that Cabinet
Order prescribes.
(8) Notwithstanding paragraph (2), it is not permissible for a person holding an
S-MVL (other than a person also holding an SM-MVL) who has not held a L-
MVL, M-MVL, SM-MVL, S-MVL, or SL-MVL for at least two years in total (not
counting any period during which the person's license was suspended) to drive
a standard motor vehicle that Cabinet Order prescribes.
(9) Notwithstanding paragraph (2), it is not permissible for a person holding an
L-ML who has not held a L-ML or S-ML for at least two years in total (not
counting any period during which the person's license was suspended) to drive
a large motorcycle or standard motorcycle that Cabinet Order prescribes.
(10) Notwithstanding paragraph (2), it is not permissible for a person holding an
S-ML (other than a person also holding an L-ML) who has not held an L-ML or
S-ML for at least two years in total (not counting any period during which the
person's license was suspended) to drive a standard motorcycle that Cabinet
Order prescribes.
(11) Notwithstanding paragraph (2) or (4), if a motor vehicle that a person may
drive pursuant to paragraph (2) is a motor vehicle used for passenger motor
carrier services (hereinafter referred to as a "motor vehicle used for passenger
90
services"), or if a heavy towable vehicle towed by a motor vehicle equipped for
towing that a person may drive pursuant to paragraph (4) is a heavy towable
vehicle used for passenger motor carrier services (hereinafter referred to as a
"vehicle used for passenger services"), it is not permissible for a person holding
a class 1 license to drive the motor vehicle used for passenger services or the
motor vehicle towing the vehicle used for passenger services in order to
transport passengers as a part of passenger motor carrier services.
(12) Notwithstanding paragraph (2), it is not permissible for a person holding an
S-MVL, SM-MVL, M-MVL, or L-MVL to drive a motor vehicle that is to be
driven by a professional designated driver as prescribed in paragraph (6) of
Article 2 of the Act on Regulation of Professional Designated Driving Services
(Act No. 57 of 2001) (limited to standard motor vehicles; hereinafter referred to
as a "standard motor vehicle that is to be driven by a professional designated
driver").
(Applicable Penal Provisions: Article 118, paragraph (1), item (vii) apply to
paragraphs (5) through (10) of this Article.)
(Class 2 Licenses)
Article 86 (1) A person seeking to drive a motor vehicle as set forth in the left -
hand column of the following Table as a motor vehicle used for passenger
services, to transport passengers as a part of passenger motor carrier services
must obtain the corresponding class 2 license set forth in the right -hand
column of that Table:
(2) In addition to its being permissible for a person holding a class 2 license set
forth in the right-hand column of the Table following the preceding paragraph
to drive, for the referenced purpose, a motor vehicle of the category that the
Table sets forth for that type of license; it is also permissible for such a person
to drive the motor vehicles and motorized bicycles that, pursuant to paragraph
(2) of the preceding Article, it is permissible to drive for a person holding the
class-1-license equivalent of the class 2 license that the relevant person holds
(and it is also permissible for a person holding a class 2 L-MVL to drive, for the
referenced purpose, a mid-sized, semi-mid-sized, or standard motor vehicle as a
motor vehicle used for passenger services; and for a person holding a class 2 M -
MVL to drive, for the referenced purpose, a standard motor vehicle as a motor
91
vehicle used for passenger services).
(3) In addition to obtaining a license (other than a provisional license) for a
motor vehicle equipped for towing, a person seeking to drive that motor vehicle
to tow a vehicle used for passenger services in order to transport passengers as
a part of passenger motor carrier services must obtain a class 2 towing license.
(4) In addition to its being permissible for a person holding a class 2 towing
license who also holds an L-MVL, M-MVL, SM-MVL, S-MVL, SL-MVL, class 2
L-MVL, class 2 M-MVL, class 2 S-MVL, or class 2 SL-MVL to drive any of the
motor vehicles equipped for towing that the license permits the person to drive
while towing a vehicle used for passenger services to transport passengers as a
part of passenger motor carrier services, it is also permissible for that person
to drive any of the motor vehicles equipped for towing that the license permits
the person to drive while towing a heavy towable vehicle.
(5) A person seeking to drive a standard motor vehicle that is to be driven by a
professional designated driver must obtain a class 2 S-MVL.
(6) A person holding a class 2 M-MVL or a class 2 L-MVL may drive a standard
motor vehicle that is to be driven by a professional designated driver in
addition to what is provided for in paragraph (2).
(Provisional Licenses)
Article 87 (1) A person who, without obtaining a class 1 or class 2 license
permitting the person to drive a standard motor vehicle, seeks to drive such a
motor vehicle for practice, for a driver's license test administered to test the
person on the points set forth in Article 97, paragraph (1), item (ii), or for a
skills evaluation to evaluate the person's motor vehicle driving skills at a
designated driving school as prescribed in Article 99, paragraph (1) (referred to
as a "test or evaluation" in the following paragraph) must obtain a provisional
S-MVL; a person seeking to drive a semi-mid-sized motor vehicle for practice or
for a test or evaluation without obtaining a class 1 or class 2 license permitting
the person to drive it must obtain a provisional SM-MVL; a person seeking to
drive a mid-sized motor vehicle for practice or for a test or evaluation without
obtaining a class 1 or class 2 license permitting the person to drive it must
obtain a provisional M-MVL; and a person seeking to drive a large motor
vehicle for practice or for a test or evaluation without obtaining a class 1 or
class 2 license permitting the person to drive it must obtain a provisional L -
MVL.
(2) A person holding a provisional L-MVL may drive a large, mid-sized, semi-mid-
sized, or standard motor vehicle; a person holding a provisional M-MVL may
drive a mid-sized, semi-mid-sized, or standard motor vehicle; a person holding
a provisional SM-MVL may drive a semi-mid-sized or standard motor vehicle;
and a person holding a provisional S-MVL may drive a standard motor vehicle
92
for practice or for a test or evaluation. In such a case, a person holding a
provisional license and seeking to drive the motor vehicle for practice must do
so under the guidance of a person who has held a class 1 license that permit s
that person to drive the motor vehicle for at least three years in total (not
counting any period during which the person's license was suspended) (other
than one whose license is suspended at the time), a person holding a class 2
license that permits that person to drive the motor vehicle (other than one
whose license is suspended at the time), or a person that Cabinet Order
prescribes, who is riding next to the driver's seat on equipment meant to carry
a person.
(3) A person holding a provisional license who seeks to drive a motor vehicle for
practice must display a mark in the format that Cabinet Office Order
prescribes on the front and rear of that vehicle, pursuant to Cabinet Office
Order.
(4) Notwithstanding paragraph (2), it is not permissible for a person holding a
provisional license to drive a motor vehicle used for passenger services to
transport passengers as a part of passenger motor carrier services.
(5) Notwithstanding paragraph (2), it is not permissible for a person holding a
provisional license to drive a standard motor vehicle that is to be driven by a
professional designated driver.
(6) The valid period of a provisional license is six months, counting from the date
on which the person takes a provisional driver's license test administered to
test the person on the points set forth in Article 97, paragraph (1), item (i)
(referred to in Articles 90 and 92-2 as "fitness screening"); provided, however,
that if a person holding a provisional L-MVL obtains an L-MVL or class 2 L-
MVL; if a person holding a provisional M-MVL obtains a class 1 license or class
2 license that permits the person to drive a large or mid-sized motor vehicle; if
a person holding a provisional SM-MVL obtains a class 1 or class 2 license that
permits the person to drive a large, mid-sized, or semi-mid-sized motor vehicle;
or if a person holding a provisional S-MVL obtains a class 1 or class 2 license
that permits the person to drive a large, mid-sized, semi-mid-sized, or standard
motor vehicle, and does so before the end of the valid period, the provisional
license loses its validity.
(Applicable Penal Provisions: Article 118, paragraph (1), item (viii) applies to
paragraph (2) of this Article. Article 120, paragraph (1), item (xiv) and
paragraph (2) of that Article apply to paragraph (3) of this Article.)
93
in one of the following items:
(i) a person under 21 years of age (or under 19 years of age, for persons that
Cabinet Order prescribes) is not granted an L-MVL; a person under 20 years
of age (or under 19 years of age, for persons that Cabinet Order prescribes) is
not granted an M-MVL; a person under 18 years of age is not granted an SM-
MVL, S-MVL, SL-MVL, L-ML, or towing license; and a person under 16 years
of age is not granted an S-ML, SS-MVL, or MBL;
(ii) a person who has not yet had the amount of time specified pursuant to
Article 90, paragraph (9) pass following the date on which that person was
denied a license as under the proviso of paragraph (1) of that Article (other
than on the grounds that the person falls under item (iii) or (vii) of that
paragraph); a person whose license is being withheld; a person who has not
yet had the amount of time specified pursuant to paragraph (10) of that
Article pass following the date on which that person was denied a license
pursuant to paragraph (2) of that Article; a person who has not yet had the
amount of time specified pursuant to paragraph (9) of that Article pass
following the date on which that person's license was revoked pursuant to
paragraph (5) of that Article; a person whose license is suspended; or a
person who has not yet had the amount of time specified pursuant to
paragraph (10) of that Article pass following the date on which that person's
license was revoked pursuant to paragraph (6) of that Article;
(iii) a person who has not yet had the amount of time specified pursuant to
Article 103, paragraph (7) pass following the date on which the person's
license was revoked pursuant to paragraph (1) or (4) of that Article (this is
limited to a revocation in connection with what is provided in paragraph (1)
of that Article (other than in item (iv))) (the amount of time so specified
excludes any period of time during which the person's license was suspended
pursuant to Article 103-2, paragraph (1) during the specified period, if that
person's license has been revoked due to the matter at issue which res ulted
in the suspension); a person who has not yet had the amount of time
specified pursuant to Article 103, paragraph (8) pass following the date on
which the person's license was revoked pursuant to paragraph (2) or (4) of
that Article (this is limited to a revocation in connection with what is
provided in paragraph (2) of that Article, if the person's license has been
revoked as under paragraph (4) of that Article); or a person whose license is
suspended pursuant to paragraph (1) or (4) of that Article, Article 103-2,
paragraph (1), Article 104-2-3, paragraph (1) or (3), or Article 103, paragraph
(4) as applied mutatis mutandis pursuant to paragraph (5) of that Article; or
(iv) a person prohibited from driving a motor vehicle or motorized bicycle
pursuant to Article 107-5, paragraph (1) or (2), Article 103, paragraph (4) as
applied mutatis mutandis pursuant to Article 107-5, paragraph (9), or Article
94
103-2, paragraph (1) as applied mutatis mutandis pursuant to paragraph
(10) of Article 107-5.
(2) A provisional L-MVL is not granted to a person under 21 years of age (or
under 19 years of age, for persons that Cabinet Order prescribes); a provisional
M-MVL is not granted to a person under 20 years of age (or under 19 years of
age, for persons that Cabinet Order prescribes); and a provisional SM-MVL or
S-MVL is not granted to a person under 18 years of age.
(3) A person currently holding a license may not obtain another license of the
same type.
95
Article 90 (1) A public safety commission must grant a license to a person who
has passed the driver's license test referred to in paragraph (1) of the
preceding Article (but only one who has undergone fitness screening in
connection with that driver's license test less than one year previously, in the
case of a class 1 or class 2 license; or less than three months previously in the
case of a provisional license); provided, however, that, if the person is as
referred to in one of the following items, the public safety commission may
refrain from granting the person a license (other than a provisional license; the
same applies hereinafter in this paragraph through paragraph (12)), or may
withhold a license from the person for a period not exceeding six months, in
keeping with the criteria that Cabinet Order prescribes:
(i) a person with one of the following illnesses;
(a) a mental illness associated with hallucinations that Cabinet Order
prescribes;
(b) an illness causing impaired awareness or motor disturbances that
Cabinet Order prescribes;
(c) an illness other than as set forth in (a) or (b) that Cabinet Order
prescribes as likely to interfere with the safe driving of a motor vehicle or
motorized bicycle.
(i)-2 a person with dementia, as prescribed in Article 5-2 of the Long-Term
Care Insurance Act (Act No. 123 of 1997) (hereinafter simply referred to as
"dementia" in Article 102, paragraph (1), and Article 103, paragraph (1), item
(i)-2);
(ii) an alcohol, narcotics, marijuana, opium, or stimulants addict;
(iii) a person who has violated an order under paragraph (8);
(iv) a person who has engaged in conduct involving the driving of a motor
vehicle or motorized bicycle that violates this Act, an order under this Act, or
a measure under this Act (other than as prescribed in items (i) through (iv)
of the following paragraph);
(v) a person who has abetted the driver of a motor vehicle or motorized bicycle
in the commission of a material violation of this Act that Cabinet Order
prescribes (hereinafter referred to in this item as a "material violation") or
who has aided the driver of a motor vehicle or motorized bicycle in
committing a material violation (hereinafter referred to as "aiding or
abetting a material violation");
(vi) a person who has used a motor vehicle or motorized bicycle, as it is meant
to be used, in a place other than on a road, but in doing so has killed or
injured a person (hereinafter referred to as causing "an off-road death or
injury"), other than as prescribed in item (v) of the following paragraph; or
(vii) a person subject to an order under Article 102, paragraphs (1) through (3)
or subject to a notice under Article 102, paragraph (6).
96
(2) Notwithstanding the main clause of the preceding paragraph, a public safety
commission may refuse to grant a license, in accordance with the standards
that Cabinet Order prescribes, to a person as referred to in one of the following
items:
(i) one who has intentionally driven a motor vehicle or motorized bicycl e in a
way that killed or injured a person or damaged a building;
(ii) one who has engaged in conduct that qualifies as a crime referred to in
Article 2 through Article 4 of the Act on Punishment for When a Motor
Vehicle Is Driven in a Way That Results in a Death or Injury (Act No. 86 of
2013);
(iii) one who, in driving a motor vehicle or motorized bicycle, has committed a
violation referred to in Article 117-2, item (i) or (iii) (other than a person
falling under either of the preceding two items);
(iv) one who, in driving a motor vehicle or motorized bicycle, has committed a
violation referred to in Article 117;
(v) one who has intentionally caused an off-road death or injury or engaged in
conduct that qualifies as a crime as referred to in Article 2 through Article 4
of the Act on Punishment for When a Motor Vehicle Is Driven in a Way That
Results in a Death or Injury.
(3) The proviso to paragraph (1) does not apply to a person falling under item (iv)
of that paragraph to whom Article 102-2 applies (including as applied mutatis
mutandis pursuant to Article 107-4-2; the same applies in Article 108-2,
paragraph (1) and Article 108-3-2) unless the period prescribed in Article 102-2
passes without the person undergoing the training prescribed in that Artic le.
(4) Before denying or withholding a license pursuant to the proviso to paragraph
(1), or before denying a license pursuant to paragraph (2), a public safety
commission must first notify the person who has passed the driver's license
test of the date, time, and place for giving an explanation and the reason that
the measure would be taken, and provide the person with an opportunity to
submit an explanation of the matter at issue and evidence in the person's favor.
(5) If, after a public safety commission grants a person a license, it becomes clear
that the person fell under paragraph (1), item (iv), (v), or (vi) before having
been granted the license, the commission may revoke that license or suspend it
for a period of up to six months that it fixes, in accordance with the standards
that Cabinet Order prescribes.
(6) If, after a public safety commission grants a person a license, it becomes clear
that the person fell under one of the items of paragraph (2) before having been
granted the license, the commission may revoke that license.
(7) The provisions of paragraphs (3) and (4) apply mutatis mutandis to measures
taken pursuant to paragraph (5) and the preceding two paragraphs. In such a
case, the phrases "the proviso to paragraph (1)" and "item (iv) of that
97
paragraph" in paragraph (3) are deemed to be replaced with "paragraph (5)"
and "paragraph (1), item (iv)", respectively, and the phrases "the proviso to
paragraph (1)" and "paragraph (2)" in paragraph (4) are deemed to be replaced
with "the following paragraph" and "paragraph (6)", respectively.
(8) If a public safety commission withholds a license pursuant to the proviso to
paragraph (1) on the grounds that the person to whom the license would be
granted falls under items (i), (ii), or (iii) of that paragraph, and if it finds that
it is necessary to do so, it may order the person to undergo fitness screening on
a date and at a place it designates or to submit a medical certificate that meets
the requirements that Cabinet Office Order prescribes by the dea dline it
designates.
(9) Having denied a person a license pursuant to the proviso to paragraph (1)
(other than on the grounds that the person falls under item (iii) or (vii) of that
paragraph) or revoked a license pursuant to paragraph (5), a public safety
commission is to fix a period not exceeding five years, in accordance with the
standards that Cabinet Order prescribes, during which the person subject to
those measures may not be granted a license.
(10) Having denied a person a license pursuant to paragraph (2) or revoked a
license pursuant to paragraph (6), a public safety commission is to fix a period
not exceeding 10 years, in accordance with the standards that Cabinet Order
prescribes, during which the person subject to those measures may not be
granted a license.
(11) If, at the time a person's license is revoked or suspended pursuant to
paragraph (5) or at the time a person's license is revoked pursuant to
paragraph (6), the person's address is within the jurisdictional district of a
public safety commission other than the one taking those measures, the public
safety commission taking the measures must promptly notify the public safety
commission with jurisdiction over the person's domicile that it has done so.
(12) If a person whose license has been withheld pursuant to the proviso to
paragraph (1) (but only if the license is withheld on the grounds that the
person falls under any of items (iv) through (vi) of that paragraph) or
suspended pursuant to paragraph (5) completes the training set forth in Article
108-2, paragraph (1), item (iii), the public safety commission may shorten the
withholding or suspension period within the scope that Cabinet Order
prescribes.
(13) Notwithstanding the main text of paragraph (1), a public safety commission,
in accordance with the standards that Cabinet Order prescribes, may refuse to
grant a provisional license to a person who has passed a provisional driver's
license test if that person falls under paragraph (1), item (i) or (ii).
(14) The provisions of paragraph (4) apply mutatis mutandis if a public safety
commission denies a person a provisional license pursuant to the preceding
98
paragraph. In such a case, the phrase "the proviso to paragraph (1)" in
paragraph (4) is deemed to be replaced with "paragraph (13)".
(License Conditions)
Article 91 If a public safety commission finds it to be necessary to do so in order
to prevent road hazards or otherwise ensure traffic safety, it may attach
conditions to a license limiting the types of motor vehicle or motorized bicycle
that the licensee may drive, attach other necessary conditions as regards the
person's driving of a motor vehicle or motorized bicycle, or change those
conditions, based on the licensee's physical condition or driving skills, but only
so far as is necessary.
(Applicable Penal Provisions: Article 119, paragraph (1), item (xv))
(Issuance of Licenses)
Article 92 (1) Licensing is done by issuing a person a driver's license (hereinafter
referred to as a "license"). In such a case, if two or more types of licensing that
fall under the categories of class 1 or class 2 licenses are granted to the same
person on the same day, a license for one type of licensing is to be issued with
information about the other type of licensing inscribed on it, instead of
separate licenses being issued for each type of licensing.
99
(2) If a person who is already licensed is granted a different type of licensing, a
license for the different type of licensing is to be issued to the person with
information about the person's currently licensing inscribed on it, in exchange
for the license that the person holds at the time.
(License Validity)
Article 92-2 A class 1 or class 2 license (other than one issued pursuant to
Article 107, paragraph (2); the same applies hereinafter in this paragraph) is
valid until the day provided for in the right-hand column of the following Table
for persons of the corresponding ages set forth in the middle column of that
Table, for the corresponding categories set forth in the left-hand column of that
Table:
100
1. date of renewal or reference date: the date of renewal, for a license being
renewed pursuant to Article 101, paragraph (6); the date that the
person undergoes fitness screening pursuant to Article 101-2,
paragraph (3), for a license being renewed pursuant to Article 101 -2,
paragraph (4); or the day before the issuee's most recent birthday prior
to fitness screening (or the day on which the issuee undergoes that
fitness screening, if that day is also the issuee's birthday), for a license
being issued pursuant to paragraph (1) of the preceding Article to a
person who was unable to renew a license as referred to in Article 101,
paragraph (1) due to overseas travel, a disaster, or other compelling
circumstances that Cabinet Order prescribes (but only if it has been
less than six months since the day that the person's license ceased to
be valid pursuant to Article 105, as a result (or only if it has been less
than one month since the aforementioned compelling circumstances
came to an end, if the person was unable to obtain licensing during
that six-month period due to those circumstances, but only it has been
less than three years since the date the license ceased to be valid)) or
for a license being issued pursuant to paragraph (1) of the preceding
Article to a person whose license has been revoked as under Article 103,
paragraph (1) or (4) (but only if it has been revoked in connection with
one of the things provided in Article 103, paragraph (1), item (i)
through item (ii)) (this is limited to a person whose license was revoked
less than three years prior, and excludes a person who has violated
Article 117-4, item (ii) in connection with the most recent
questionnaire under Article 89, paragraph (1), Article 101, paragraph
(1), or Article 101-2, paragraph (1) that the person submitted before
the date of revocation, and also excludes a person violating Article 107-
4, item (ii) in connection with the most recent report under Article 101 -
5 that the person made before that date); or the date of fitness
screening, for other licenses;
2. driver with an exemplary record: a person who, by the date of renewal or
reference date (or by the final day of validity of a now invalid license
that was issued pursuant to paragraph (1) of the preceding Article to a
person who was unable to renew a license as referred to in Article 101,
paragraph (1) due to overseas travel, a disaster, or other compelling
circumstances that Cabinet Order prescribes (but only if it has been
less than six months since the day that the person's license ceased to
be valid pursuant to Article 105, as a result (or only if it has been less
than one month since the aforementioned compelling circumstances
came to an end, if the person was unable to obtain licensing during
that six-month period due to those circumstances, but only if it has
101
been less than three years since the date the license ceased to be
valid))) or by the date of revocation, for a license being issued pursuant
to paragraph (1) of the preceding Article to a person whose license has
been revoked as under Article 103, paragraph (1) or (4) (but only if it
has been revoked in connection with one of the things provided in
Article 103, paragraph (1), item (i) through item (ii)) (this is limited to
a person whose license was revoked less than three years prior, and
excludes a person violating Article 117-4, item (ii) in connection with
the most recent questionnaire under Article 89, paragraph (1), Article
101, paragraph (1), or Article 101-2, paragraph (1) that the person
submitted before the date of revocation, and also excludes a person
violating Article 107-4, item (ii) in connection with the most recent
report under Article 101-5 that the person made before that date); the
same applies in 4.), has been licensed (other than under a provisional
license; the same applies in 4.) for a continuous period of at least five
years, and who meets the criteria that Cabinet Order prescribes as a
person with an exemplary record of observing the provisions of this Act
and orders under this Act on the driving of motor vehicles and
motorized bicycles; an exemplary record of observing measures under
this Act; and an exemplary record of observing legal provisions on the
aiding and abetting of material violations and on conduct causing off -
road deaths and injuries;
3. driver with a satisfactory record: a person other than a driver with an
exemplary record or a driver with a violation or a short record;
4. driver with a violation or a short record: a person who, by the date of
renewal or reference date, has been licensed for a continuous period of
at least five years, and who meets the criteria that Cabinet Order
prescribes as a person with a poor record of observing the provisions of
this Act and orders under this Act on the driving of motor vehicles and
motorized bicycles, of observing measures under this Act, or of
observing legal provisions on the aiding and abetting of material
violations or on conduct causing off-road deaths and injuries; or a
person who has been licensed for less than a continuous period of five
years;
5. previous expiration date or current reference date: the day on which the
validity of the previous license expires, for a license being renewed
pursuant to Article 101, paragraph (6); the day on which the person
undergoes fitness screening under paragraph (3) of that Article, for a
license being renewed pursuant to Article 101-2, paragraph (4); or the
day on which the person undergoes fitness screening for the license in
question, for any other license.
102
(ii) To apply this Table if the date of renewal or reference date falls on the
licensee's birthday, the phrase "the date of renewal or reference date" is
deemed to be replaced with "the day before the date of renewal or reference
date".
(iii) To apply this Table if the date of renewal or reference date falls during
the period that runs from the day after the licensee's most recent birthday
prior to the last day of validity up until the last day of validity, the phrase
"the date of renewal or reference date" is deemed to be replaced with "the
day before the licensee's most recent birthday before the date of renewal or
reference date".
(iv) To apply Notes (i)-2 and 4 of this Table to a person who has been unable
to renew a license pursuant to Article 101, paragraph (1) due to overseas
travel, a disaster, or other compelling circumstances that Cabinet Order
prescribes (but only if the person is being issued a new license less than six
months after the day that the previous license ceased to be valid pursuant
to Article 105, as a result (or only if the person is being issued a new
license less than one month after the aforementioned compelling
circumstances came to an end, if the person was unable to obtain licensing
during that six-month period due to those circumstances, but only if it has
been less than three years since the date the license ceased to be valid)),
the period during which the person held the expired license and the period
during which the person has held the new license is deemed to be one
continuous period.
(v) To apply Notes (i)-2 and 4 of this Table to a person whose license has been
revoked pursuant to Article 103, paragraph (1) or (4) (this is limited to a
revocation in connection with what is provided in paragraph (1), items (i)
through (ii) of that Article) (this is limited to a person obtaining a new
license less than three years after the date of revocation of the previous
license, and excludes a person violating Article 117-4, item (ii) in
connection with the most recent questionnaire under Article 89, paragraph
(1), Article 101, paragraph (1), or Article 101-2, paragraph (1) that the
person submitted before the date of revocation, and also excludes a person
violating Article 107-4, item (ii) in connection with the most recent report
under Article 101-5 that the person made before that date), the period
running from the date that the person obtained the revoked license up
until the date of revocation and the period during which the person has
held the new license are deemed to be one continuous period.
(vi) To apply this Table if the birthday of the licensee falls on February 29, in
non-leap years, the licensee's birthday is deemed to fall on February 28.
(2) A license granted pursuant to Article 104-4, paragraph (3) is valid until
the day on which the validity of a license being revoked pursuant to
103
paragraph (2) of that Article would have expired.
(3) A license (other than as prescribed in the preceding paragraph) issued
pursuant to Article 107, paragraph (2) is valid until the day on which
the validity of the license that has been returned in connection with it
pursuant to paragraph (1) of that Article would have expired.
(4) If the last day of one of the periods prescribed in the preceding three
paragraphs falls on a Sunday or any other day that Cabinet Order
prescribes, the following day is deemed to be the last day of that period.
104
jurisdiction over the new domicile) and have it include (or record pursuant to
the preceding Article) the current information on the license.
(2) If a license is lost, destroyed, defaced, or damaged, or if a record under the
preceding Article is corrupted, the licensee may apply to the public safety
commission with jurisdiction over the domicile thereof (for a provisional license,
this means the domicile of the licensee or the locality of a driving school that
has made a filing as under Article 98, paragraph (2) at which the licensee is
undergoing instruction on how to drive a motor vehicle) for the reissuance of
the license.
(3) Cabinet Office Order provides for the procedures for filing as under
paragraph (1) and for the process of applying for the reissuance of a license as
prescribed in the preceding paragraph.
(Applicable Penal Provisions: Article 121, paragraph (1), item (ix) applies to
paragraph (1) of this Article.)
105
suspended).
(4) A person may not take a driver's license test for a towing license unless that
person currently holds an S-MVL, M-MVL, SM-MVL, L-MVL, SL-MVL, class 2
S-MVL, class 2 M-MVL, class 2 L-MVL, or class 2 SL-MVL.
(5) A person other than as referred to in one of the following items may not take
a driver's license test for a class 2 license:
(i) a person 21 years of age or older who currently holds an S-MVL, SM-MVL,
M-MVL, L-MVL, or SL-MVL and has held any one of those licenses for at
least three years (or two years, for persons that Cabinet Order prescribes) in
total (not counting any period during which the person's license was
suspended), if the test is for a class 2 license other than a class 2 towing
license;
(ii) a person 21 years of age or older who currently holds an S-MVL, SM-MVL,
M-MVL, L-MVL, or SL-MVL and also holds a towing license, and has held
any one of those licenses for at least three years (or two years, for persons
that Cabinet Order prescribes) in total (not counting any period during which
the person's license was suspended), if the test is for a class 2 towing license;
or
(iii) a person currently holding a different type of class 2 license from the type
of class 2 license that the person is seeking.
(6) A person whose license is under suspension pursuant to Article 90, paragraph
(5), Article 103, paragraph (1) or (4), Article 103-2, paragraph (1), Article 104-
2-3, paragraph (1), or Article 103, paragraph (4) as applied mutatis mutandis
pursuant to paragraph (3) or (5) of that Article and persons that Cabinet Order
prescribes as equivalent thereto are not included in the meaning of a person
currently holding a license as prescribed in paragraphs (2) through (4) and in
the items of the preceding paragraph.
Article 96-2 A person seeking to take a driver's license test for an S-MVL, SM-
MVL, M-MVL, or L-MVL, or for a class 2 S-MVL, class 2 M-MVL, or class 2 L-
MVL (other than persons that Cabinet Order prescribes) must currently hold a
provisional license (meaning a provisional L-MVL, for a person seeking to take
a driver's license test for an L-MVL or class 2 L-MVL; a provisional L-MVL or
provisional M-MVL, for a person seeking to take a driver's license test for an
M-MVL or class 2 M-MVL; or a provisional L-MVL, provisional M-MVL, or
provisional SM-MVL, for a person seeking to take a driver's license test for an
SM-MVL) and must have practiced driving a motor vehicle on the road on at
least five days within the past three months, pursuant to Cabinet Office Order.
Article 96-3 (1) A person denied a license as under the proviso to Article 90,
paragraph (1) or (2), a person whose license is revoked pursuant to paragraph
106
(5) or (6) of that Article or Article 103, paragraph (1), (2), or (4), or a person
who is prohibited from driving a motor vehicle or motorized bicycle for a period
of over six months pursuant to Article 107-5, paragraph (1) or (2) or Article 103,
paragraph (4) as applied mutatis mutandis pursuant to Article 107-5,
paragraph (9) (other than persons who have become subject to the measures in
question on the grounds that they fall under Article 90, paragraph (1), item (i)
through (iii) or item (vii), Article 103, paragraph (1), (i) through (iv), or Article
107-5, paragraph (1), item (i); referred to as a "person denied or stripped of
driving privileges" in Article 108-2, paragraph (1), item (ii)) must have
completed training as set forth in Article 108-2, paragraph (1), item (ii) within
the previous one year's time (this does not include training undergone before
the person became subject to the measures in question) in order to take a
driver's license test (other than one for a provisional license; the same applies
in the following paragraph); provided, however, that this does not apply to a
person who obtains a license (other than a provisional license) after becoming
subject to the relevant measures.
(2) The preceding paragraph applies mutatis mutandis to a person who has not
had a license revoked as under Article 90, paragraph (5) or (6) or Article 103,
paragraph (1), (2) or (4) and has not been prohibited from driving a motor
vehicle or motorized bicycle for a period of over six months pursuant to Article
107-5, paragraph (1) or (2) or Article 103, paragraph (4) as applied mutatis
mutandis pursuant to Article 107-5, paragraph (9) (other than on the grounds
that the person falls under one of Article 103, paragraph (1), items (i) through
(iv) or Article 107-5, paragraph (1), item (i)) but who seeks to take a driver's
license test because the person's license has ceased to be valid or because the
person has ceased to hold an international driving permit or foreign driver's
license (referred to as a "person who has lost driving privileges" in Article 108-
2, paragraph (1), item (ii)). In such a case, in the preceding paragraph the
phrase "training undergone before the person became subject to the measures
in question" is deemed to be replaced with "training undergone before the
license ceased to be valid or before the person ceased to hold an international
driving permit or foreign driver's license" and the phrase "after becoming
subject to the relevant measures" is deemed to be replaced with "after the
license ceased to be valid or after the person ceased to hold an international
driving permit or foreign driver's license".
107
in the case of a driver's license test for a towing license):
(i) the fitness needed to drive a motor vehicle or motorized bicycle;
(ii) the skills needed to drive a motor vehicle or motorized bicycle; and
(iii) the knowledge needed to drive a motor vehicle or motorized bicycle.
(2) The part of a driver's license test for an S-MVL, SM-MVL, M-MVL, L-MVL,
class 2 S-MVL, class 2 M-MVL, or class 2 L-MVL covering the point set forth in
item (ii) of the preceding paragraph is to be administered on the road; provided,
however, that this does not apply to any portion of a driver's license test that
Cabinet Office Order prescribes as likely to hinder road traffic.
(3) The part of the driver's license test covering the point set forth in paragraph
(1), item (iii) is administered within the scope of the rules of the road prepared
by the National Public Safety Commission pursuant to Article 108 -28,
paragraph (4).
(4) Beyond what is prescribed in the preceding three paragraphs, Cabinet Office
Order provides for the procedures for implementing driver's license tests, the
way they are implemented, and other necessary particulars concerning them.
108
(iii) a person who has failed to renew a license as referred to in Article 101,
paragraph (1) (other than persons that Cabinet Order prescribes), if it has
been less than six months since the date on which the license ceased to be
valid pursuant to Article 105 (or, for a person who was unable to take a
driver's license test within that six-month period due to overseas travel, a
disaster, or other compelling circumstances that Cabinet Order prescribes, if
it has been less than one month since the date on which those compelling
circumstances came to an end, but only if it has been less than three years
since the expiration date) (such a person is referred to in Article 108-2,
paragraph (1), items (xi) and (xii) as a "specified holder of an expired
license"), and who has undergone the assessment and training that the
following prescribes for each of the following categories, pursuant to Cabinet
Office Order: the driver's license test for the license that the person held
(other than the part of the driver's license test covering the point set forth in
paragraph (1), item (i) of the preceding Article):
(a) a person 75 years of age or older as of the date of submitting the
application for the license pursuant to Article 89, paragraph (1):
assessment of the person's memory function and other cognitive functions
prescribed in Article 5-2 of the Long-Term Care Insurance Act (hereinafter
referred to as "cognitive functions") that is administered by a public safety
commission pursuant to Cabinet Office Order (hereinafter such an
assessment is referred to as a "cognitive assessment") and the training set
forth in Article 108-2, paragraph (1), item (xii) that is implemented based
on the results of the cognitive assessment;
(b) a person 70 years of age or older as of the date of submitting the
application for the license pursuant to pursuant to Article 89, paragraph
(1) (other than one as set forth in (a)): the training set forth in Article 108 -
2, paragraph (1), item (xii);
(c) a person other than as set forth in subitems (a) and (b) above: the training
set forth in Article 108-2, paragraph (1), item (xi), or training under
paragraph (2) of that Article that meets the criteria prescribed in Rules of
the National Public Safety Commission.
(iv) a person who has failed to renew a license as referred to in Article 101,
paragraph (1) that allowed the person to drive a standard, semi -mid-sized,
mid-sized, or large motor vehicle (other than persons specified by the Cabinet
Order referred to in the preceding item), if it has been more than six months
but less than one year since the date on which the license ceased to be valid
pursuant to Article 105: a driver's license test covering the points set forth in
paragraph (1), items (ii) and (iii) of the preceding Article for the provisional
S-MVL, provisional SM-MVL, provisional M-MVL, or provisional L-MVL in
the same category as the license that the person had held; or
109
(v) a person whose license has been revoked as under Article 103, paragraph
(1) or (4) (this is limited to a revocation in connection with what is provided
in paragraph (1), item (i) through (ii) of that Article) (this excludes a person
violating Article 117-4, item (ii) in connection with the most recent
questionnaire under Article 89, paragraph (1), Article 101, paragraph (1), or
Article 101-2, paragraph (1) that the person submitted before the date of
revocation, a person violating Article 107-4, item (ii) in connection with the
most recent report under Article 101-5 that the person made before that date,
and other persons that Cabinet Order prescribes) if it has been less than 3
years since the day on which the person's license was revoked (referred to as
a "specified person stripped of driving privileges" in Article 108-2, paragraph
(1), items (xi) and (xii)), and who has undergone the relevant assessment and
training prescribed in (a) through (c) of item (iii) for the category set forth in
that item, pursuant to Cabinet Office Order: a driver's license test for the
license that the person had held (other than the part of the test covering the
point set forth in paragraph (1), item (i) of the preceding Article).
(2) Beyond what is prescribed in the preceding paragraph, if a person seeking a
license holds a license to drive a motor vehicle or motorized bicycle from an
administrative agency or authorized organization in a country or region
outside Japan, a public safety commission may exempt the person, pursuant to
Cabinet Office Order, from taking part of a driver's license test, after
confirming that there is nothing to prevent that person from driving a motor
vehicle or motorized bicycle that the license the person is seeking would be for.
(3) Beyond what is prescribed in the preceding two paragraphs, if a public safety
commission, in accordance with the standards that Cabinet Order prescribes,
finds that there is nothing to prevent that person from driving a motor vehicle
or motorized bicycle, it may exempt the person from taking part of the driver's
license test.
110
Section 4-2 Driving Schools
(Driving Schools)
Article 98 (1) A person operating or managing a driving school (meaning a
facility that provides instruction on motor vehicle driving skills and knowledge
to persons seeking licenses; the same applies hereinafter) must endeavor to
maintain and improve the standards of motor vehicle driving instruction
provided at the driving school.
(2) A person operating or managing a driving school may file the following
information with the public safety commission with jurisdiction over the
location of the driving school, pursuant to Cabinet Office Order:
(i) the name and address of the person and, if it is a corporation, the name of
its representative;
(ii) the name and location of the driving school; and
(iii) information that Cabinet Office Order prescribes beyond what is set forth
in the preceding two items.
(3) A public safety commission must give the necessary guidance or advice to a
person operating or managing a driving school that has made a filing as under
the preceding paragraph, in keeping with the style of instruction at the driving
school, in order to ensure that motor vehicle driving instruction meets the
proper standards.
(4) If it finds it to be necessary, a public safety commission that has given the
guidance or advice referred to in the preceding paragraph may request that the
Japan Safe Driving Center give the necessary consideration to training
employees in charge of instruction in motor vehicle driving skills or knowledge
at the driving school in connection with the guidance or advice, and to other
measures for improving the quality of those employees.
(5) Pursuant to Cabinet Office Order, a public safety commission may ask a
person operating or managing a driving school that has made a filing as under
paragraph (2) to report as necessary or submit the necessary materials, but
only so far as is necessary to give the guidance or advice referred to in
paragraph (3).
111
(i) the person managing the driving school meets the requirements that
Cabinet Order prescribes;
(ii) the school has an employee who has been issued a skills evaluator
certificate as referred to in paragraph (4) of the following Article, whom it
will appoint as a skills evaluator pursuant to paragraph (1) of that Article;
(iii) the school has an employee who has been issued an instructor certificate as
referred to in Article 99-3, paragraph (4), whom it will appoint as an
instructor pursuant to paragraph (1) of that Article; and
(iv) the facilities for instruction in motor vehicle driving skills and knowledge,
as well as for skills evaluations (meaning evaluations on motor vehicle
driving skills conducted pursuant to Cabinet Office Order; the same appli es
hereinafter) meet the criteria that Cabinet Order prescribes;
(v) the driving school's operations meet the criteria that Cabinet Order
prescribes.
(2) A public safety commission must not grant a designation under the preceding
paragraph to a driving school that has filed an application as referred to in
that paragraph if it has had its designation revoked pursuant to Article 100
and it has been less than three years since the date of revocation.
(Skills Evaluators)
Article 99-2 (1) A person managing a designated driving school must appoint a
skills evaluator to conduct skills evaluations.
(2) A person who has not been issued a skills evaluator certificate as referred to
in paragraph (4) may not become a skills evaluator.
(3) To apply the Penal Code and other penal provisions, skills evaluators are
deemed to be employees engaged in public service pursuant to laws and
regulations.
(4) A public safety commission issues a skills evaluator certificate to a person
falling under both of the following items:
(i) one who is either of the following:
(a) a person who has passed a screening administered by a public safety
commission on the skills and knowledge involved in undertaking skills
evaluations, pursuant to Rules of the National Public Safety Commission;
(b) a person who has completed a course in motor vehicle driving instruction
offered by the Japan Safe Driving Center as designated by the National
Public Safety Commission;
(c) a person whom the public safety commission finds, pursuant to Rules of
the National Public Safety Commission, has at least the same level of skills
and knowledge as regards skills evaluations as a person set forth in (a) or
(b). and
(ii) one who is none of the following:
112
(a) under 25 years of age;
(b) a person who has committed a wrongful act in connection with the
issuance of a certificate of graduation or completion as prescribed in
Article 99-5, paragraph (5) within the past three years;
(c) a person who been sentenced to a fine or heavier punishment for
committing an offense as referred to in Article 117-2-2, item (xi), if it has
been less than three years since the day on which the person completed the
sentence or ceased to be subject to its execution;
(d) a person who has been sentenced to imprisonment without work or a
heavier punishment for committing an offense as referred to in Article 2
through Article 6 of the Act on Punishment for When a Motor Vehicle Is
Driven in a Way That Results in a Death or Injury or an offense prescribed
in this Act (other than the offense referred to in Article 117-2-2, item (xi))
in connection with that person's driving of a motor vehicle or motorized
bicycle, if it has been less than three years since the day on which the
person completed the sentence or ceased to be subject to its execution;
(e) a person to whom item (ii) or (iii) of the following paragraph applies, who
has been ordered to return a skills evaluator certificate pursuant to the
following paragraph, if it has been less than three years since the date of
return.
(5) A public safety commission, pursuant to Rules of the National Public Safety
Commissions, may order a person who has been issued a skills evaluator
certificate as referred to in the preceding paragraph to return that certificate if
it finds that one of the following items applies:
(i) any of (b) through (d) of item (ii) of the preceding paragraph has come to
apply to the person;
(ii) the person was issued the skills evaluator certificate through deception or
other wrongful means; or
(iii) the person has committed a wrongful act in connection with the duties of a
skills evaluator, under circumstances found to be unbecoming of a skills
evaluator.
(6) Beyond what is prescribed in the preceding two paragraphs, Rules of the
National Public Safety Commission provide for the necessary particulars in
connection with skills evaluator certificates as referred to in paragraph (4).
(Instructors)
Article 99-3 (1) The person managing a designated driving school must appoint
an instructor to provide instruction in motor vehicle driving skills and
knowledge.
(2) A person who has not been issued an instructor certificate as referred to in
paragraph (4) may not become an instructor.
113
(3) A person managing a designated driving school must not allow a person other
than an instructor to provide instruction in motor vehicle driving skills or
knowledge.
(4) A public safety commission issues an instructor certificate to a person falling
under both of the following items:
(i) one who is either of the following:
(a) a person who has passed a screening administered by a public safety
commission on the skills and knowledge involved in instructing persons on
the skills and knowledge involved in driving motor vehicles, pursuant to
Rules of the National Public Safety Commission;
(b) a person who has completed a course in motor vehicle driving instruction
offered by the Japan Safe Driving Center as designated by the National
Public Safety Commission;
(c) a person whom the public safety commission finds, pursuant to Rules of
the National Public Safety Commission, has at least the same level of skills
and knowledge in instructing persons on the skills and knowledge involved
in driving motor vehicles as a person set forth in (a) or (b); and
(ii) one who is none of the following:
(a) under 21 years of age;
(b) a person to whom paragraph (5), item (ii) or (iii) of the preceding Article
applies mutatis mutandis pursuant to the following paragraph, who has
been ordered to return an instructor certificate pursuant to paragraph (5)
of the preceding Article as applied mutatis mutandis pursuant to the
following paragraph, if it has been less than three years since the date of
the return;
(c) a person to whom any of paragraph (4), item (ii), subitems (b) through (d)
of the preceding Article applies.
(5) The provisions of paragraphs (5) and (6) of the preceding Article apply
mutatis mutandis to instructor certificates. In such a case, the term "skills
evaluator" in paragraph (5), item (iii) of that Article is deemed to be replaced
with "instructor".
(Skills Evaluations)
Article 99-5 (1) A person managing a designated driving school must have a
skills evaluator conduct a skills evaluation, pursuant to Cabinet Office Order,
114
for each type of license as prescribed in Article 99, paragraph (1) for persons
who have completed instruction in motor vehicle driving skills and knowledge.
(2) A person managing a designated driving school must not allow a skills
evaluator to administer a skills evaluation for a person who has not completed
the instruction prescribed in the preceding paragraph.
(3) A person managing a designated driving school must not allow a person other
than a skills evaluator to administer a skills evaluation.
(4) A skills evaluator must certify that a person who has passed a skills
evaluation, has passed a skills evaluation.
(5) Once a skills evaluator has certified that a person has passed a skills
evaluation as referred to in the preceding paragraph, the designated driving
school may issue a certificate of graduation (meaning a certificate showing that
the person has completed instruction at the designated driving school; the
same applies hereinafter) or a certificate of completion (meaning a certificate
showing that the person has achieved a level of skills and knowledge that
would allow the person to drive with a provisional license, as a result of
receiving instruction at a designated driving school; the same applies
hereinafter) to that person in the format that Cabinet Office Order prescribes,,
pursuant to Cabinet Office Order. In such a case, the certificate of graduation
or completion must be accompanied by a certificate prepared by the skills
evaluator showing that the person whose certificate of graduation or
completion it is has passed a skills evaluation, pursuant to Cabinet Office
Order.
115
designated driving school to take the necessary measures to ensure that it
conforms to that criteria.
(2) Beyond what is prescribed in the preceding paragraph, a public safety
commission may issue orders that are necessary, from a supervisory
perspective, with regard to the business activities of a designated driving
school, to the person operating or managing the designated driving school, but
only so far as is necessary to enforce this Section.
(Retesting)
Article 100-2 (1) A person holding an S-MVL, SM-MVL, S-ML, L-ML, or MBL
who, during the period (not counting any period during which the person's
license is suspended) running from the date on which the person is licensed
until the date that marks the passage of one year, in total, that the person has
been licensed (hereinafter referred to as the "period during which the person i s
a novice driver"), engages in conduct that violates this Act, an order under this
Act, or a measure under this Act when driving a vehicle that the person is
licensed to drive with that license, and the violation falls under the criteria
that Cabinet Order prescribes with respect to the person's license (hereinafter
such a person is referred to as "target novice driver"), a public safety
commission is to administer testing to check whether the target novice driver
has the ability to safely drive vehicles the person is licensed to drive with that
license (hereinafter referred to as "retesting"); provided, however, that this
does not apply to the following persons:
116
(i) a person who has held a license of a higher grade at some point within the
six months before the day on which the person came to hold the license in
question;
(ii) a person who has held the same type of license (including a license that
Cabinet Order prescribes as equivalent to the license in question and
excluding a license revoked pursuant to Article 104-2-2, paragraph (1), (2), or
(4) or a license that Cabinet Order prescribes as equivalent to such a revoked
license) at some point within the six months before the day on which the
person came to hold the license in question, and who held that l icense for at
least one year in total (other than any period during which that license was
suspended);
(iii) a person who has obtained a license of a higher grade than the license in
question after the date on which the person obtained the license in quest ion;
(iv) a person who completes the training set forth in Article 108-2, paragraph
(1), item (x) (other than a person engaging in conduct that violates this Act,
an order under this Act, or a measure under this Act when driving a vehicle
that the person is licensed to drive with the license in question, between the
completion of the training and the end of the period during which the person
is a novice driver, if that violation falls under the criteria that Cabinet Order
prescribes with regard to the license in connection with which the person has
undergone the training); or
(v) if the license in question is an SM-MVL, a person who also holds an S-MVL,
and who had held that S-MVL for a total period of at least two years before
obtaining the SM-MVL (not counting any period during which that license
was suspended).
(2) Once the period during which a target novice driver is a novice driver driving
under the license in question has passed, the public safety commission with
jurisdiction over the driver's domicile at the end of that period retests the
driver for the necessary skills and knowledge (limited to the necessary
knowledge, if it is an MBL) to drive a motor vehicle or motorized bicycle, for
each type of license.
(3) Article 97, paragraphs (2) through (4) apply mutatis mutandis to retesting
administered by public safety commissions.
(4) Before administering retesting pursuant to paragraph (1), a public safety
commission must notify the target novice driver in writing that it will
administer the retesting, giving the reasons for the retesting and other
necessary information, promptly after the end of the period during which the
person is a novice driver driving under the license in question, pursuant to
Cabinet Office Order.
(5) Having been notified of retesting by a public safety commission (meaning
having been notified as under the preceding paragraph; the same applies
117
hereinafter), a target novice driver must submit the written application for
retesting that Cabinet Office Order prescribes to the public safety commission
and undergo retesting by the time that it has been a total of one month since
the day following the date on which the person is so notified (other than any
period during which the person has a compelling circumstance that Cabinet
Order prescribes for not undergoing the retesting). Article 92-2, paragraph (4)
applies mutatis mutandis in such a case.
Article 100-3 (1) If a public safety commission seeks to administer retesting but
the target novice driver has changed addresses and resides within the
jurisdictional district of a different public safety commission, it must promptly
send a testing transfer notice as Cabinet Office Order prescribes to the public
safety commission with jurisdiction over the target novice driver's new domicil e.
(2) A public safety commission that has been sent a testing transfer notice as
referred to in the preceding paragraph is to retest the target novice driver
subject to the testing transfer notice. This being the case, a public safety
commission sending a testing transfer notice as referred to in the preceding
paragraph may not retest the target novice driver.
(3) The provisions of paragraph (4) of the preceding Article and paragraph (1) of
this Article apply mutatis mutandis if a public safety commission administers
retesting pursuant to the preceding paragraph. In such a case, the phrase
"after the end of the period during which the person is a novice driver driving
under the license in question" in paragraph (4) of the preceding Article is
deemed to be replaced with "after having been sent a testing transfer notice".
(4) If a public safety commission seeks to implement retesting pursuant to
paragraph (2) and the public safety commission sending the testing transfer
notice under paragraph (1) has notified the target novice driver subject to the
testing transfer notice of the retesting, the public safety commission seeking to
implement the retesting pursuant to paragraph (2) is deemed to have notified
the driver of the retesting.
118
during the period that runs from one month before the person's most recent
birthday prior to the last day of the license's validity up until the last day of
the license's validity (hereinafter referred to as the "renewal period").
(2) To apply the preceding paragraph if the birthday of a person seeking license
renewal pursuant to that paragraph falls on February 29, in non -leap years,
the person's birthday is deemed to fall on February 28.
(3) A public safety commission is to send a person currently holding a license a
document specifying the renewal period and other necessary information to
ensure the smooth implementation of administrative functions connected with
applications for license renewals (if the person falls within the definition of a
driver with an exemplary record (other than a person that Cabinet Office Order
prescribes whose license is subject to a condition that has been attached
pursuant to Article 91, or a person considered a driver with an exemplary
record based on the application of Note (iv) of the Table following Article 92 -2,
paragraph (1)) as of the renewal date, an indication of this is to be included).
(4) A public safety commission as prescribed in paragraph (1) (or an intermediate
public safety commission as prescribed in Article 101-2-2, paragraph (1), if an
application for renewal under paragraph (1) is made through an intermediate
public safety commission) may issue a questionnaire in the format that Cabinet
Office Order prescribes to a person submitting an application for renewal
pursuant to paragraph (1), in order to ask the necessary questions to determine
whether the person falls under any of the categories set forth in Article 103,
paragraph (1), item (i), (i)-2 or (iii).
(5) Upon receiving a written application for renewal pursuant to paragraph (1), a
public safety commission must promptly administer the necessary fitness
screening as regards the applicant's driving of motor vehicles or motorized
bicycles (hereinafter referred to as "fitness screening").
(6) If a public safety commission finds that there is nothing to prevent a person
seeking to renew a license from driving a motor vehicle or motorized bicycle,
judging from the results of fitness screening as under the preceding paragraph
or the contents of a document as prescribed in Article 101-2-2, paragraph (3)
(or, if fitness screening is administered pursuant to paragraph (5) of that
Article, the contents of the document and the results of the fitness screening),
the public safety commission must renew the license.
(7) Beyond what is prescribed in the preceding paragraphs, Cabinet Office Order
provides for the necessary particulars concerning applying for license re newal
and fitness screening.
(Applicable Penal Provisions: Article 117-4, item (ii) applies to paragraph (1)
of this Article.)
119
Article 101-2 (1) A person who is expected to have difficulty undergoing fitness
screening within the renewal period due to overseas travel or any other
compelling circumstance that Cabinet Order prescribes may apply to the public
safety commission with jurisdiction over the domicile thereof for a license
renewal before the beginning of the renewal period. In such a case, the person
must submit a written application for renewal based on special rules in a
format that Cabinet Office Order prescribes (if a person is issued a
questionnaire under the following paragraph, that person must submit the
written application for renewal based on special rules and the questionnaire
filled out with the necessary information) to the public safety commission.
(2) A public safety commission as prescribed in the preceding paragraph may
issue a questionnaire in the form that Cabinet Office Order prescribes to a
person submitting a written application for renewal based on special rules
pursuant to the second sentence of that paragraph, in order to ask the
necessary questions to determine whether the person falls under any of the
categories set forth in Article 103, paragraph (1), item (i), (i) -2 or (iii).
(3) When an application under paragraph (1) has been filed, the public safety
commission must promptly administer a fitness screening for the applicant.
(4) On finding that there is nothing to prevent a person seeking to renew a
license from driving a motor vehicle or motorized bicycle, judging from the
results of a fitness screening under the preceding paragraph, a public safety
commission must promptly renew the license.
(5) Beyond what is prescribed in the preceding paragraphs, Cabinet Office Order
provides for the necessary particulars concerning applying for license renewal
and fitness screenings before the beginning of the renewal period.
(Applicable Penal Provisions: Article 117-4, item (ii) applies to paragraph (1)
of this Article.)
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fitness screening for the applicant.
(3) An intermediate public safety commission must send the public safety
commission with jurisdiction over the domicile of the applicant a document
giving the results of the fitness screening under the preceding paragr aph,
together with the written application for renewal it accepted pursuant to
paragraph (1). In such a case, the public safety commission with jurisdiction
over the domicile of the applicant is not to conduct the fitness screening under
paragraph (5) of Article 101.
(4) If a person seeking to renew a license has undergone training as set forth in
Article 108-2, paragraph (1), item (xi) that is implemented by an intermediate
public safety commission pursuant to paragraph (1) of the following Article, the
intermediate public safety commission is to notify the public safety commission
with jurisdiction over the person's domicile of this.
(5) If a public safety commission cannot determine solely from the contents of a
document it has been sent pursuant to paragraph (3) whether there is anything
to prevent a person seeking to renew a license from driving a motor vehicle or
motorized bicycle, it is to administer fitness screening for that person. In such
a case, the public safety commission must notify the person of the necessity to
undergo fitness screening.
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prescribed in paragraph (3) of the preceding Article (or, if fitness screening is
administered pursuant to paragraph (5) of that Article, the contents of the
document and the results of the fitness screening) does not undergo the
training set forth in Article 108-2, paragraph (1), item (xi), the public safety
commission may refuse to renew the license.
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Article 101-5 Pursuant to Cabinet Office Order, a public safety commission may
ask a licensee to report as needed, upon finding this to be necessary in order to
investigate whether the licensee falls under one of the categories set forth in
Article 103, paragraph (1), item (i), (i)-2 or (iii) .
(Applicable Penal Provisions: Article 117-4, item (ii))
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pursuant to Cabinet Office Order.
(3) A person notified as under the preceding paragraph must undergo a cognitive
assessment by the time that it has been a total of one month since the day
following the date on which the person is so notified (other than any period
during which the person has a compelling circumstance that Cabinet Order
prescribes for not undergoing the assessment).
(4) If a person undergoing a cognitive assessment pursuant to the preceding
paragraph meets the criteria that Cabinet Office Order prescribes, in view of
the results of the assessment that the person has undergone, the results of the
most recent cognitive assessment that the person underwent before the date of
the cognitive assessment in question, and other circumstances, as a person
whose decline in cognitive function could affect the person's driving of a motor
vehicle or motorized bicycle, the person must undergo the training set forth in
Article 108-2, paragraph (1), item (xii) based on the results of a cognitive
assessment that the person undergoes pursuant to that paragraph.
(5) When seeking to administer training as set forth in Article 108-2, paragraph
(1), item (xii) pursuant to the preceding paragraph, a public safety commission
must notify the person subject to the training in writing that it will administer
that training, pursuant to Cabinet Office Order.
(6) A person notified as under the preceding paragraph must undergo the
training set forth in Article 108-2, paragraph (1), item (xii) by the time that it
has been a total of one month since the day following the date on which the
person is so notified (other than any period during which the person has a
compelling circumstance that Cabinet Order prescribes for not undergoing the
training).
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Article 103, paragraph (1), item (i)-2), or submits a medical certificate
pursuant to this paragraph through paragraph (3);
(ii) the person submits a medical certificate pursuant to the proviso to
paragraph (7) (limited to one assessing whether the person falls under
Article 103, paragraph (1), item (i)-2); or
(iii) the person undergoes a cognitive assessment and is found to no longer be a
target person.
(2) If a person undergoing a cognitive assessment pursuant to Article 101 -4,
paragraph (2) is found to be a target person, unless that person falls under one
of the following items, the public safety commission is to either conduct a
provisional fitness screening to assess whether the person has come to fall
under Article 103, paragraph (1), item (i)-2 or order the person to submit a
medical certificate satisfying the requirements that Cabinet Office Order
prescribes by the deadline that it specifies:
(i) the person comes to fall under one of the items of the preceding paragraph
after the date the person underwent the cognitive assessment; or
(ii) it is decided that the person will either undergo a fitness screening under
the following paragraph or submit a medical certificate pursuant to that
paragraph.
(3) If a person undergoing a cognitive assessment pursuant to paragraph (3) of
the preceding Article is found to be a target person, unless the person comes to
fall under one of the items of paragraph (1) after undergoing the cognitive
assessment, the public safety commission is to either conduct a provisional
fitness screening to assess whether the person falls under Article 103,
paragraph (1), item (i)-2 or order the person to submit a medical certificate
satisfying the requirements that Cabinet Office Order prescribes by the
deadline that it specifies.
(4) Beyond as prescribed in the preceding three paragraphs, a public safety
commission may specially administer a fitness screening for a person who has
passed a driver's license test if that person is as referred to in Article 90,
paragraph (1), item (i) or (ii); or for a licensee if there is reason to suspect that
the licensee has come to fall under Article 103, paragraph (1), item (i), (ii), or
(iii). In such a case, the public safety commission must take into consideration
the information contained in the questionnaire submitted pursuant to Article
89, paragraph (1), Article 101, paragraph (1), or Article 101-2, paragraph (1),
the content of the report under Article 101-5, and other circumstances.
(5) Beyond as prescribed in paragraph (1) through the preceding paragraph, a
public safety commission may specially administer a fitness screening for a
licensee pursuant to Cabinet Order, if it finds this to be necessary in order to
prevent road hazards or otherwise ensure the safety and fluidity of traffic.
(6) Before administering a fitness screening pursuant to paragraph (1) through
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the preceding paragraph, a public safety commission must first notify the
person who will undergo that screening of the date and place and other
necessary particulars of the screening.
(7) A person who has been notified pursuant to the preceding paragraph must
appear at the place and on the date of which the person has been notified and
undergo a fitness screening; provided, however, that this does not apply if a
person who has been notified of a fitness screening under paragraph (4)
submits a medical certificate that meets the requirements that Cabinet Office
Order prescribes by the date of which the person has been notified.
(8) Beyond what is prescribed in the preceding paragraphs, Cabinet Office Order
provides for the necessary particulars concerning fitness screenings under
paragraphs (1) through (5).
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(b) an illness causing impaired awareness or motor disturbances that
Cabinet Order prescribes;
(c) an illness other than as set forth in (a) or (b) that Cabinet Order
prescribes as likely to interfere with the safe driving of a motor vehicle or
motorized bicycle.
(i)-2 it has become clear that the person has dementia.
(ii) it has become clear that the person is blind or is exhibiting signs of any
other physical disability that Cabinet Order prescribes as likely to hinder the
safe driving of a motor vehicle or motorized bicycle;
(iii) it has become clear that the person is an alcohol, narcotics, marijuana,
opium, or stimulants addict;
(iv) the person has violated an order under paragraph (6);
(v) the person has engaged in conduct involving the driving of a motor vehicle
or motorized bicycle that violates this Act, an order under this Act, or a
measure under this Act (other than in a case that falls under one of items (i)
through (iv) of the following paragraph);
(vi) the person has aided or abetted a material violation;
(vii) the person has caused an off-road death or injury (other than in a case
falling under item (v) of the following paragraph); or
(viii) the licensee's driving of a motor vehicle or motorized bicycle is likely to
cause an extreme road traffic hazard, beyond as set forth in the preceding
items.
(2) If a licensee comes to fall under one of the following items, the public safety
commission with jurisdiction over the licensee's domicile at the time the
licensee comes to fall under that item may revoke the license:
(i) the licensee intentionally drives a motor vehicle or motorized bicycle in a
way that kills or injures a person or damages a building;
(ii) the licensee engages in conduct that qualifies as a crime referred to in
Article 2 through Article 4 of the Act on Punishment for When a Motor
Vehicle Is Driven in a Way That Results in a Death or Injury;
(iii) the licensee commits a violation as referred to in Article 117-2, item (i) or
(iii) (other than in a case falling under either of the preceding two items) in
driving a motor vehicle or motorized bicycle;
(iv) the licensee commits a violation as referred to in Article 117 in driving a
motor vehicle or motorized bicycle; or
(v) the licensee intentionally causes an off-road death or injury or engages in
conduct that qualifies as a crime referred to in Article 2 through Article 4 of
the Act on Punishment for When a Motor Vehicle Is Driven in a Way That
Results in a Death or Injury.
(3) If a public safety commission seeks to revoke a license or suspend it for 90
days or more pursuant to paragraph (1) (or for a period of up to 90 days that
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the public safety commission fixes, if any) or to revoke a license pursuant to
the preceding paragraph, but the person subject to those measures has
changed addresses and resides in the jurisdictional district of a different public
safety commission, it must promptly send a transfer of measures notice as
Cabinet Office Order prescribes to the public safety commission with
jurisdiction over the person's new domicile, unless a hearing of opinions as
referred to in Article 104, paragraph (1) or a hearing regarding those measures
has been completed for the matter at issue.
(4) Notwithstanding paragraph (1) and paragraph (2), once a transfer of
measures notice as referred to in the preceding paragraph is sent to the
relevant public safety commission, that commission may either revoke the
person's license or suspend it for a period of up to six months that it fixes if the
person falls under one of the items of paragraph (1) (if the person falls under
item (v) of that paragraph and the preceding Article applies, such measures
may only be taken if the period referred to in that Article passes without the
person undergoing the training prescribed in that Article), in accordance with
the standards that Cabinet Order prescribes which are referred to in t hat
paragraph, or may revoke person's license if the person falls under one of the
items of paragraph (2); but the public safety commission sending the transfer
of measures notice may neither revoke nor suspend the person's license in
connection with the matter at issue.
(5) Paragraph (3) applies mutatis mutandis if a public safety commission seeks to
revoke or suspend a license pursuant to the preceding paragraph.
(6) On finding it to be necessary to do so when suspending a license pursuant to
paragraph (1) or (4) on the grounds that the licensee falls under one of items (i)
through (iv) of paragraph (1), a public safety commission may order the
licensee to undergo fitness screening on a date and at a place it designates or
to submit a medical certificate that meets the requirements that Cabinet Office
Order prescribes by the deadline that it specifies.
(7) If a public safety commission revokes a license pursuant to paragraph (1) or
(4) on the grounds that the licensee falls under one of the items of paragra ph
(1) (other than item (iv)), it is to designate a period of one to five years, in
accordance with the standards that Cabinet Order prescribes, during which the
licensee subject to that measure may not obtain a license.
(8) If a public safety commission revokes a license pursuant to paragraph (2) or
(4) on the grounds that the licensee falls under one of the items of paragraph
(2), it is to designate a period of three to 10 years, in accordance with the
standards that Cabinet Order prescribes, during which the licensee subject to
that measure may not obtain a license.
(9) If, at the time a person's license is revoked or suspended pursuant to
paragraph (1), (2), or (4), the person's address is within the jurisdictional
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district of a public safety commission other than the one taking the measures
in question, the public safety commission taking the measures must promptly
notify the public safety commission with jurisdiction over the person's domicile
that it has done so.
(10) If a person whose license is suspended pursuant to paragraph (1) or (4)
(other than on the grounds that the person falls under one of paragraph (1),
items (i) through (iv)) completes the training set forth in Article 108-2,
paragraph (1), item (iii), the public safety commission may shorten the period
of the license suspension, to the extent that Cabinet Order prescribes.
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provisional suspension notice and license that it has been sent if it sends a
transfer of measures notice pursuant to paragraph (3) of the preceding Article
(including as applied mutatis mutandis pursuant to paragraph (5) of that
Article) in connection with the matter at issue.
(6) A provisional suspension ceases to be in effect if the public safety commission
that has been sent the provisional suspension notice and license pursuant to
paragraph (4) or the preceding paragraph takes the measures under paragraph
(1), (2), or (4) of the preceding Article in connection with the matter at issue
during the term of the provisional suspension.
(7) If the license of a person under a provisional suspension is suspended
pursuant to paragraph (1) or (4) of the preceding Article in connection with the
matter at issue, the period during which the license was provisionally
suspended is counted as part of the total period during which the license is
suspended.
(Applicable Penal Provisions: Article 121, paragraph (1), item (ix) applies to
paragraph (3) of this Article.)
(Hearings of Opinions)
Article 104 (1) A public safety commission must hold an opinions hearing of
opinions before revoking a license or suspending it for 90 days or more (or for a
period of up to 90 days that the public safety commission fixes, if any; the same
applies in paragraph (1) of the following Article) pursuant to Article 103,
paragraph (1), item (v); before revoking a license pursuant to Article 103,
paragraph (2), items (i) through (iv); or if it has been sent a transfer of
measures notice (but only in connection with what is provided in paragraph (1),
item (v) or paragraph (2), item (i), (ii), (iii), or (iv) of that Article) as referred to
in paragraph (3) of that Article (including as applied mutatis mutandis
pursuant to paragraph (5) of that Article). In such a case, at least one week
before the date of the hearing of opinions, the public safety commission must
notify the person who would be subject to those measures of the grounds for
taking them and of the date and place for the hearing, as well as issuing public
notice of that date and place.
(2) In a hearing of opinions, the person who would be subject to the measures in
question or that person's agent may state an opinion on the matter at issue and
submit evidence in the person's favor.
(3) On finding it to be necessary to do so when holding a hearing of opinions, a
public safety commission may request the appearance of witnesses who have
expert knowledge about road traffic or persons connected with the matter at
issue to hear their opinions or circumstances.
(4) Notwithstanding paragraph (1), if the person who would be subject to the
measures in question or that person's agent fails to appear at a hearing of
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opinions without a legitimate reason, or if the person who would be subject to
those measures cannot be notified as referred to in that paragraph because the
person's whereabouts are unknown and remain unknown even after 30 days
have passed following the date on which the public notice under the second
sentence of that paragraph is issued, the public safety commission may revoke
or suspend the person's license (but only in connection with what is provided in
Article 103, paragraph (1), item (v)) as under paragraph (1) or (4) of that
Article or revoke the person's license (but only in connection with what is
provided in paragraph (2), item (i), (ii), (iii), or (iv) of that Article) as under
paragraph (2) or (4) of that Article, without holding a hearing of opinions.
(5) Beyond what is prescribed in the preceding paragraphs, Cabinet Order
provides for the necessary particulars regarding the implementation of
hearings of opinion.
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(Revocation in Connection with Retesting)
Article 104-2-2 (1) A public safety commission administering retesting must
revoke the license of the person undergoing retesting if it finds that the person
does not currently have the level of ability necessary to safely drive the
vehicles that the person is licensed to drive with the license in question.
(2) If a person notified of retesting violates Article 100-2, paragraph (5) in failing
to undergo retesting, the public safety commission with jurisdiction over that
person's domicile must revoke that person's license.
(3) If a public safety commission seeks to revoke a license pursuant to the
provisions of the preceding paragraph but the person subject to that measure
has changed addresses and resides in the jurisdictional district of a different
public safety commission, it must promptly send a transfer of measures notice
as prescribed by Cabinet Office Order to the public safety commis sion with
jurisdiction over the person's new domicile, unless a hearing of opinions
regarding that measure as referred to in Article 104 as applied mutatis
mutandis pursuant to paragraph (6) has been completed.
(4) A public safety commission that has been sent a transfer of measures notice
as referred to in the preceding paragraph must revoke a person's license if it
finds the person to be in violation of Article 100-2, paragraph (5) in failing to
undergo retesting. Notwithstanding paragraph (2), the public safety
commission sending the transfer of measures notice may not revoke the
person's license in such a case.
(5) The provisions of paragraph (3) apply mutatis mutandis if a public safety
commission seeks to revoke a license pursuant to the preceding para graph.
(6) Article 104 (excluding paragraph (3)) applies mutatis mutandis when a
license is revoked pursuant to paragraph (2) or (4).
(7) If, at the time a person's license is revoked pursuant to paragraph (1), (2), or
(4), the person's address is within the jurisdictional district of a public safety
commission other than the one taking those measures, the public safety
commission taking the measures must promptly notify the public safety
commission with jurisdiction over the person's domicile that it has d one so.
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item (i), (i)-2, or (iii) or in a situation that Cabinet Order prescribes as
equivalent to this, the public safety commission may suspend the person's
license for a period of up to three months that it fixes. In such a case, that
measure must be lifted promptly if it becomes clear that the person subje ct to
it does not fall under any of the aforementioned provisions.
(2) Having suspended a person's license pursuant to the first sentence of
preceding paragraph, a public safety commission must provide the person
subject to that measure with an opportunity for explanation within five days,
counting from the date on which the measure was taken.
(3) On finding a person who has been notified as under Article 101 -7, paragraph
(2) (limited to a person holding a license) to be in violation of paragraph (3) of
that Article in failing to undergo the cognitive assessment of which the person
has been notified; on finding a person who has been notified as under
paragraph (5) of that Article (limited to a person holding a license) to be in
violation of paragraph (6) of that Article in failing to undergo the training of
which the person has been notified; on finding a person subject to an order
under Article 102, paragraph (1) through (3) to have violated that order (or on
finding a person whose license has been suspended as under the first sentence
of paragraph (1) to have failed to comply with that order by the end of the
period of suspension); or in finding a person who has been notified as under
paragraph (6) of that Article (limited to a person holding a license) to b e in
violation of paragraph (7) of that Article in failing to undergo the fitness
screening of which the person has been notified (or on finding a person whose
license has been suspended as under the first sentence of paragraph (1) not to
have undergone the fitness screening by the end of the period of suspension),
the public safety commission with jurisdiction over the person's domicile as of
the day that marks the completion of the period of one month in total provided
for in Article 101-7, paragraph (3) or (6), as of the day that marks the deadline
provided for in Article 102, paragraph (1) through (3), or as of the date of which
the person has been notified as referred to in paragraph (7) of that Article may
either revoke the person's license or suspend it for a period of up to six months
that it fixes, in accordance with the standards that Cabinet Order prescribes;
provided, however, that this does not apply if there are compelling
circumstances for the person's failure to undergo the cognitive assessmen t,
undergo the training, comply with the order, or undergo the fitness screening.
(4) The suspension of a license under the preceding paragraph ceases to be in
effect if the person undergoes the referenced cognitive assessment, undergoes
the referenced training, complies with the referenced order, or undergoes the
referenced fitness screening.
(5) Article 103, paragraphs (3), (4), and (9) apply mutatis mutandis if a public
safety commission seeks to revoke a license or suspend it for 90 days or more
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(or for a period of up to 90 days that the public safety commission fixes, if any;
the same applies in paragraph (7)) pursuant to paragraph (3). In such a case,
the phrase "unless a hearing of opinions as referred to in Article 104,
paragraph (1) or a hearing" in Article 103, paragraph (3) is deemed to be
replaced with "unless a hearing"; the phrase "if the person falls under one of
the items of paragraph (1) (if the person falls under item (v) of that paragraph
and the preceding Article applies, such measures may only be taken if the
period referred to in that Article passes without the person undergoing the
training prescribed in that Article), in accordance with the standards that
Cabinet Order prescribes which are referred to in that paragraph" in
paragraph (4) of that Article is deemed to be replaced with "on finding the
person to be in violation of Article 101-7, paragraph (3) in failing to undergo
the cognitive assessment of which the person has been notified; on finding the
person to be in violation of paragraph (6) of that Article in failing to undergo
the training of which the person has been notified; on finding the person to
have violated an order under Article 102, paragraph (1) through (3); or on
finding the person to be in violation of paragraph (7) of that Article in failing to
undergo the fitness screening of which the person has been notified, in
accordance with the standards that Cabinet Order prescribes which are
referred to in Article 104-2-3, paragraph (3)"; the phrase ", or may revoke
person's license if the person falls under one of the items of paragraph (2)" in
that paragraph is deemed to be deleted; the phrase "Notwithstanding
paragraph (1) and paragraph (2)" in that paragraph is deemed to be replaced
with "Notwithstanding paragraph (1)"; and the phrase "pursuant to paragraph
(1), (2), or (4)" in paragraph (9) of that Article is deemed to be replaced with
"pursuant to Article 104-2-3, paragraph (3) or Article 103, paragraph (4) as
applied mutatis mutandis pursuant to Article 104-2-3, paragraph (5)".
(6) Paragraph (4) applies mutatis mutandis if a license is suspended pursuant to
Article 103, paragraph (4) as applied mutatis mutandis pursuant to the
preceding paragraph.
(7) Article 104-2 (other than paragraph (5)) applies mutatis mutandis if a public
safety commission seeks to revoke a license or suspend it for 90 days or more
pursuant to paragraph (3) or Article 103, paragraph (4) as applied mutatis
mutandis pursuant to paragraph (5).
(8) Article 103, paragraph (3) applies mutatis mutandis if a public safety
commission seeks to revoke or suspend a license pursuant to paragraph (4) of
that Article as applied mutatis mutandis pursuant to paragraph (5). In such a
case, the phrase "unless a hearing of opinions as referred to in Article 104,
paragraph (1) or a hearing" in paragraph (3) of that Article is deemed to be
replaced with "unless a hearing".
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(Issuance of Documents Revoking and Suspending Licenses; Related
Considerations)
Article 104-3 (1) Pursuant to Cabinet Office Order, the revocation or s uspension
of a license under Article 103, paragraph (1), (2), or (4), Article 104 -2-2,
paragraph (1), (2), or (4), paragraph (1) or (3) of the preceding Article, or
Article 103, paragraph (4) as applied mutatis mutandis pursuant to paragraph
(5) of the preceding Article is to be carried out through the issuance of a
document giving the details of and reasons for the revocation or suspension to
the person subject to the revocation or suspension.
(2) If a public safety commission has been unable to issue a document as under
the preceding paragraph because the person's whereabouts are unknown or for
any other reason, and a police officer learns the whereabouts of the person, the
police officer may order the person to appear so as to be issued the document,
specifying a date, time, and place for the person to appear, pursuant to Cabinet
Office Order.
(3) A police officer issuing a person an order under the preceding paragraph may
demand, pursuant to Cabinet Office Order, that the person submit the revoked
or suspended license subject to the order, and then store it as the custodian
thereof. When doing so, the police officer must issue the person a deposit
certificate.
(4) Pursuant to Cabinet Office Order, a police officer who has issued a person an
order under paragraph (2) must promptly provide notify the public safety
commission with jurisdiction over the person's domicile (or to both the public
safety commission revoking or suspending the person's license as prescribed in
paragraph (1) and the public safety commission with jurisdiction over that
person's domicile, if applicable) of the name and address of the person subject
to the order, the date, time, and place that the officer has ordered the person to
appear, and other necessary information. If acting as custodian of a license
pursuant to the preceding paragraph in such a case, the police officer must
send the license to the public safety commission with jurisdiction over the
person's domicile.
(5) A public safety commission that has been sent a license as under the
preceding paragraph must immediately return it if requested by the person
submitting it pursuant to paragraph (3) once the period of suspension expires.
(6) To apply Article 95, the deposit certificate referred to in paragraph (3) is
deemed to be a license.
(7) A deposit certificate as referred to in paragraph (3) is valid from the time of
its issuance until the date and time specified to its recipient pursuant to
paragraph (2) (or until the person's appearance at the designated place before
that date and time pursuant to that paragraph, if applicable).
(8) A person who has been issued a deposit certificate pursuant to paragraph (3)
135
must immediately return it to a police officer at the expiration of the valid
period.
(9) Cabinet Office Order provides for the information that is specified on a
deposit certificate as referred to in paragraph (3) and other necessary
particulars regarding deposit certificates as referred to in that paragraph.
(Revocation by Application)
Article 104-4 (1) A licensee may apply to the public safety commission with
jurisdiction over the domicile thereof for the revocation of a license.
Notwithstanding Article 89, paragraph (1) and Article 90-2, paragraph (1), in
such a case, the licensee may also request to be issued another type of license
when the license subject to the application is revoked (but only the type of
license that Cabinet Order prescribes for each type of license revoked).
(2) A public safety commission to which a person has applied under the preceding
paragraph must revoke the license subject to the application, pursuant to
Cabinet Order.
(3) A public safety commission revoking a license pursuant to the preceding
paragraph may grant the license that a person has requested as referred to in
paragraph (1) to the person making that request once the person returns the
revoked license to it as under Article 107, paragraph (1), item (i).
(4) A person is deemed to have been issued a license that is granted pursuant to
the preceding paragraph on the date that the person was issued the license
that was revoked pursuant to paragraph (2).
(5) A person who has had a license revoked pursuant to paragraph (2) (other than
a person issued a license pursuant to paragraph (3)) may apply to the public
safety commission that revoked the license to be issued a document showing
the person's motor vehicle or motorized bicycle driving record for the five years
before the date of revocation and whether the person was categorized as a
driver with an exemplary record, a driver with a satisfactory record, or a driver
with a violation or a short record as prescribed in the left-hand column of the
Table following Article 92-2, paragraph (1) (referred to as a "driving record
certificate" in the following paragraph).
(6) A public safety commission to which a person has applied under the preceding
paragraph must issue a driving record certificate pursuant to Cabinet Order.
This being the case, driving record certificates must not be confusingly similar
in appearance to licenses.
(7) Beyond what is prescribed in the preceding paragraphs, Cabinet Office Order
provides for the necessary particulars regarding the revocation of licenses
under paragraph (2).
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Article 105 A license ceases to be valid if the licensee fails to renew it.
137
(2) On finding a person who has been notified as under Article 101 -7, paragraph
(2) (limited to a person holding a provisional license) to be in violation of
paragraph (3) of that Article in failing to undergo the cognitive assessment of
which the person has been notified; on finding a person who has been notified
as under paragraph (5) of that Article (limited to a person holding a provisional
license) to be in violation of paragraph (6) of that Article in failing to undergo
the training of which the person has been notified; on finding a person subject
to an order under Article 102, paragraph (1) through (3) (limited to a person
holding a provisional license) to have violated the order; or on finding a pers on
who has been notified as under paragraph (6) of that Article (limited to a
person holding a provisional license) to be in violation of paragraph (7) of that
Article in failing to undergo the fitness screening of which the person has been
notified, the public safety commission with jurisdiction over the person's
domicile as of the day that marks the completion of the period of one month in
total provided for in Article 101-7, paragraph (3) or (6), as of the day that
marks the deadline provided for in Article 102, paragraph (1) through (3), or as
of the date of which the person has been notified as referred to in paragraph (7)
of that Article may revoke the person's provisional license, in accordance with
the standards that Cabinet Order prescribes; provided, however, that this does
not apply if there are compelling circumstances for the person's failure to
undergo the cognitive assessment, undergo the training, comply with the order,
or undergo the fitness screening.
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(4) A public safety commission to which a license is submitted pursuant to the
preceding paragraph or sent pursuant to Article 103-2, paragraph (4) or (5)
must immediately return it at the request of the person submitting it, once the
period of suspension expires or upon cancellation of the suspension.
(Applicable Penal Provisions: Article 121, paragraph (1), item (ix) applies to
paragraphs (1) and (3) of this Article.)
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Measures for Immigration Control as regards Persons Losing Japanese
Nationality Based on the Treaty of Peace with Japan (Act No. 71 of 1991)), or
departs from Japan after being issued a refugee travel document under Article
61-2-12, paragraph (1) of the Immigration Control and Refugee Recognition Act,
then lands in Japan again within three months after the date of departure; the
same applies in Article 117-2-2, item (i)); provided, however, that this does not
apply if the person drives a motor vehicle used for passenger services or drives
a motor vehicle equipped for towing while towing a vehicle used for passenger
services in order to transport passengers as a part of passenger motor carrier
services or drives a standard motor vehicle that is to be driven by a
professional designated driver.
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(2) A person notified as under the second sentence of the preceding paragraph
must appear at the place and on the date of which the person has been notified
and undergo a fitness screening.
(3) On finding it to be necessary to do so in order to prevent road hazards or
ensure traffic safety, a public safety commission may order a person who has
undergone a fitness screening as referred to in paragraph (1) to take the
necessary measures when driving, in keeping with the person's physical
condition.
(4) Beyond what is prescribed in the preceding three paragraphs, Cabinet Office
Order provides for the necessary particulars regarding fitness screenings
under paragraph (1).
(Applicable Penal Provisions: Article 119, paragraph (1), applies to
paragraph (3) of this Article.)
141
under one of the following items, the public safety commission with jurisdiction
over the person's domicile at the time that the person comes to fall under the
item may prohibit the person, in accordance with the standards that Cabinet
Order prescribes, from driving motor vehicles and motorized bicycles that the
permit or license is for, for a period of at least three and up to 10 years that it
fixes:
(i) the person has intentionally driven a motor vehicle or motorized bicycle in a
way that killed or injured a person or damaged a building;
(ii) the person has engaged in conduct that qualifies as a crime referred to in
Article 2 through Article 4 of the Act on Punishment for When a Motor
Vehicle Is Driven in a Way That Results in a Death or Injury;
(iii) the person, in driving a motor vehicle or motorized bicycle, has committed
a violation referred to in Article 117-2, item (i) or (iii) (other than as under
either of the preceding two items); or
(iv) the person, in driving a motor vehicle or motorized bicycle, has committed
a violation referred to in Article 117.
(3) Article 103, paragraph (10) applies mutatis mutandis to a person who is
prohibited from driving a motor vehicle or motorized bicycle pursuant to
paragraph (1) or (4) of that Article as applied mutatis mutandis pursuant to
paragraph (9). In such a case, the phrase "the period of the license suspension"
in paragraph (10) of that Article is deemed to be replaced with "the period
during which the person is prohibited from driving a motor vehicle or
motorized bicycle".
(4) Article 104 applies mutatis mutandis if a public safety commission seeks to
prohibit a person from driving a motor vehicle or motorized bicycle for 90 days
or more (or for a period of up to 90 days that the public safety commission fixes,
if any; the same applies hereinafter in this paragraph) pursuant to paragraph
(1), item (ii) or the items of paragraph (2) on the grounds that the person falls
under paragraph (1), item (ii) or the items of paragraph (2), or if a public safety
commission has been sent a transfer of measures notice (but only one in
connection with what is provided in paragraph (1), item (ii) or the items of
paragraph (2)) as referred to in Article 103, paragraph (3) as applied mutatis
mutandis pursuant to paragraph (9) (including as applied mutatis mutandis
pursuant to paragraph (5) of that Article; the same applies hereinafter in this
paragraph); and Article 104-2 applies mutatis mutandis if a public safety
commission seeks to prohibit a person from driving a motor vehicle or
motorized bicycle for 90 days or more pursuant to paragraph (1) on the grounds
that the person falls under item (i) of that paragraph, or if a public safety
commission has been sent a transfer of measures notice (but only in connection
with what is provided in paragraph (1), item (i)) as referred to in Article 103,
paragraph (3) as applied mutatis mutandis pursuant to paragraph (9). In such
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a case, the phrase "may revoke or suspend the person's license (but only in
connection with what is provided in Article 103, paragraph (1), item (v)) as
under paragraph (1) or (4) of that Article or revoke the person's license (but
only in connection with what is provided in paragraph (2), item (i), (ii), (iii), or
(iv) of that Article) as under paragraph (2) or (4) of that Article, without
holding a hearing of opinions" in Article 104, paragraph (4) is deemed to be
replaced with "may prohibit the person from driving a motor vehicle or
motorized bicycle as under Article 107-5, paragraph (1) or (2) or Article 103,
paragraph (4) as applied mutatis mutandis pursuant to Article 107 -5,
paragraph (9) (this is limited to a prohibition in connection with what is
provided in paragraph (1), item (ii) or the items of Article 107-5, paragraph (2)),
without holding a hearing of opinions" and the phrase "To hold a hearing as
referred to in the preceding paragraph, a hearing on the revocation of a license
under Article 103, paragraph (1) or (4) (but only in connection with what is
provided in the items of paragraph (1) of that Article (other than item (v))), or
a hearing on the revocation of a license under paragraph (2) or (4) of that
Article (but only in connection with what is provided in paragraph (2), item (v)
of that Article)" in paragraph (2) of Article 104-2 is deemed to be replaced with
"To hold a hearing as referred to in the preceding paragraph".
(5) A person with an International Driving Permit or license must promp tly
submit it to the public safety commission having jurisdiction over the person's
domicile if the person is prohibited from driving motor vehicle or motorized
bicycle pursuant to paragraph (1) or (2) or paragraph (4) of Article 103 as
applied mutatis mutandis pursuant to paragraph (9).
(6) A public safety commission to which an International Driving Permit or
license is submitted pursuant to the preceding paragraph or sent pursuant to
paragraph (4) or (5) of Article 103-2 as applied mutatis mutandis pursuant to
paragraph (10) must immediately return it at the request of the person
submitting it once the period for the measures in question is over or when the
person departs from Japan, whichever comes first.
(7) A person who is prohibited from driving a motor vehicle or motorized bicycle
pursuant to paragraph (1) or (2), paragraph (4) of Article 103 as applied
mutatis mutandis pursuant to paragraph (9), or paragraph (1) of Article 103 -2
as applied mutatis mutandis pursuant to paragraph (10) must promptly submit
the International Driving Permit or license thereof to the public safety
commission having jurisdiction over the person's domicile if, after departing
from Japan, the person lands in Japan again during the term of those
measures. The provisions of the preceding paragraph apply mutatis mutandis
in such a case.
(8) If a public safety commission prohibits a person from driving a motor vehicle
or motorized bicycle pursuant to paragraph (1) or (2) or paragraph (4) of Article
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103 as applied mutatis mutandis pursuant to the following paragraph, or
shortens the period pursuant to paragraph (10) of that Article as applied
mutatis mutandis pursuant to paragraph (3), it must inscribe the particulars of
those measures on the International Driving Permit or license of the person
subject to them, pursuant to Cabinet Office Order.
(9) Paragraphs (3) through (5) and paragraph (9) of Article 103 apply mutatis
mutandis if a person is prohibited from driving a motor vehicle or motorized
bicycle pursuant to paragraph (1) or (2). In such a case, the phrase "that
commission may either revoke the person's license or suspend it for a period of
up to six months that it fixes if the person falls under one of the items of
paragraph (1) (if the person falls under item (v) of that paragraph and the
preceding Article applies, such measures may only be taken if the period
referred to in that Article passes without the person undergoing the training
prescribed in that Article), in accordance with the standards that Cabinet
Order prescribes which are referred to in that paragraph, or may revoke
person's license if the person falls under one of the items of paragraph (2)" in
paragraph (4) of Article 103 is deemed to be replaced with " that commission
may prohibit that person from driving motor vehicles and motorized bicycles
that the International Driving Permit or license is for, fixing a period of up to
five years for the same, in accordance with the standards that Cabinet Order
prescribes which are referred to in that paragraph, if the person falls under
one of the items of Article 75, paragraph (1) (if the person falls under item (ii)
of that paragraph and the preceding Article applies mutatis mutandis
pursuant to Article 107-4-2, this may only be done if the period referred to in
the preceding Article passes without the person undergoing the training
prescribed in that Article as applied mutatis mutandis pursuant to Article 107 -
4-2); and may prohibit that person from driving motor vehicles and motorized
bicycles that the International Driving Permit or license is for, fixing a period
of three to ten years for the same, in accordance with the standards that
Cabinet Order prescribes which are referred to in that paragraph, if the person
falls under one of the items of Article 107-5, paragraph (2)".
(10) Article 103-2 applies mutatis mutandis if a person with an International
Driving Permit or license comes to fall under one of the items of paragraph (1)
of that Article. In such a case, in that Article, the phrase "suspend the
licensee's license" is deemed to be replaced with "prohibit the person from
driving a motor vehicle or motorized bicycle", the phrase "If the license of a
person under a provisional suspension is suspended" is deemed to be replaced
with "If a person under a provisional prohibition is prohibited from driving a
motor vehicle or motorized bicycle", the phrase "the license is suspended" is
deemed to be replaced with "the person is prohibited from driving it", the term
"provisional suspension" is deemed to be replaced with "provisional
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prohibition", the phrase "provisionally suspended a person's license" is deemed
to be replaced with "provisionally prohibited a person from driving", the phrase
"the license was provisionally suspended" is deemed to be replaced with "t he
person was provisionally prohibited from driving", the term "license" is deemed
to be replaced with "International Driving Permit or license", and the term
"provisional suspension notice" is deemed to be replaced with "provisional
prohibition notice"; the phrase "paragraph (3) of the preceding Article" in
paragraph (5) of that Article is deemed to be replaced with "paragraph (3) of
the preceding Article as applied mutatis mutandis pursuant to paragraph (9) of
Article 107-5"; the phrase "paragraph (1), (2), or (4) of the preceding Article" in
paragraph (6) of that Article is deemed to be replaced with "paragraph (1) or
(2) of Article 107-5 or paragraph (4) of the preceding Article as applied mutatis
mutandis pursuant to paragraph (9) of Article 107-5"; and the phrase
"paragraph (1) or (4) of the preceding Article" in paragraph (7) of that Article is
deemed to be replaced with "paragraph (1) or (2) of Article 107-5 or paragraph
(4) of the preceding Article as applied mutatis mutandis pursuant to paragraph
(9) of Article 107-5".
(11) Article 104-3 applies mutatis mutandis if a person is prohibited from driving
a motor vehicle or motorized bicycle pursuant to paragraph (1) or (2) or
paragraph (4) of Article 103 as applied mutatis mutandis pursuant to
paragraph (9). In such a case, the term "license" in Article 104-3 is deemed to
be replaced with "International Driving Permit or license," the phrase "once
the period of suspension expires" in paragraph (5) of that Article is deemed to
be replaced with "once the period during which the person is prohibited from
driving a motor vehicle or motorized bicycle that the International Driving
Permit or license is for expires, or once the person departs from Japan", and
the phrase "Article 95" in paragraph (6) of that Article is deemed to be replaced
with "the first sentence of Article 107-3 and paragraph (2) of Article 95 as
applied mutatis mutandis pursuant to the second sentence of Article 107-3".
(Applicable Penal Provisions: Article 121, paragraph (1), item (ix) applies to
paragraphs (5), (7), and (10) of this Article.)
145
paragraph (10), as applied mutatis mutandis pursuant to paragraph (3) of the
preceding Article; or if the chief of a police station prohibits a person from
driving a motor vehicle or motorized bicycle pursuant to Article 103-2,
paragraph (1), as applied mutatis mutandis pursuant to paragraph (10) of the
preceding Article. In such a case, the National Public Safety Commission must
notify each public safety commission of the information reported to it in order
to ensure propriety in their licensing-related functions.
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permit is suspended during the period of suspension of the license.
(Training)
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Article 108-2 (1) A public safety commission is to conduct the following training,
pursuant to Cabinet Office Order:
(i) training for primary and deputy driving safety supervisors;
(ii) training for persons denied or stripped of driving privileges and persons
who have lost their driving privileges;
(iii) training for persons who have had licenses withheld pursuant to the
proviso of Article 90, paragraph (1); have had licenses suspended pursuant to
paragraph (5) of that Article or Article 103, paragraph (1) or (4); or have been
prohibited from driving motor vehicles and motorized bicycles for a period of
up to six months pursuant to Article 107-5, paragraph (1) or Article 103,
paragraph (4) as applied mutatis mutandis pursuant to Article 107 -5,
paragraph (9) (other than persons subject to those measures on the grounds
that they fall under one of Article 90, paragraph (1), items (i) through (iii) or
(vii), Article 103, paragraph (1), items (i) through (iv), or Article 107 -5,
paragraph (1), item (i) and other than persons failing to undergo the training
prescribed in Article 102-2 within the period referred to in that Article);
(iv) training for persons seeking an L-MVL, M-MVL, SM-MVL, or S-MVL in
driving motor vehicles associated with the license they seek;
(v) training for persons seeking an L-ML or S-ML in driving motor vehicles
associated with the license they seek;
(vi) training for persons seeking an MBL in driving motorized bicycles;
(vii) training for persons seeking a class 2 L-MVL, class 2 M-MVL, or class 2 S-
MVL in driving motor vehicles associated with the license they seek;
(viii) training for persons seeking an L-MVL, M-MVL, SM-MVL, S-MVL, L-ML,
S-ML, class 2 L-MVL, class 2 M-MVL, or class 2 S-MVL in first aid (meaning
the necessary emergency response to render aid to injured persons at the
scene of a traffic accident);
(ix) training for designated driving school employees whom Cabinet Order
prescribes;
(x) training for target novice drivers (other than those whose licenses are
suspended) in the necessary skills and knowledge to drive the vehicles the
persons are licensed to drive, implemented for each type of license;
(xi) training for persons seeking to renew their licenses; specified holders of
expired licenses; or specified persons stripped of driving privileges,
implemented in the categories of drivers with exemplary records, drivers
with satisfactory records, and drivers with violations or short records, as
prescribed in the left-hand column of the Table following Article 92-2,
paragraph (1);
(xii) training for persons who will be 70 years of age or older on the final day of
the renewal period; for specified holders of expired licenses and specified
persons stripped of driving privileges who are 70 years of age or older on the
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date of submitting a written application for a license pursuant to Article 89,
paragraph (1); and for persons notified as under Article 101-7, paragraph (5),
to help them understand that age-related decline in physical function could
affect their driving of motor vehicles and motorized bicycles;
(xiii) training for persons holding licenses and International Driving Permits
and licenses who have committed minor violations, and whose conduct has
come to meet the criteria that Cabinet Order prescribes which is referred to
in Article 102-2; and
(xiv) training to prevent traffic hazards caused by bicycle riding.
(2) Beyond what is set forth in the items of the preceding paragraph, a public
safety commission must endeavor to conduct training for the drivers of vehicles
in order to improve their vehicle driving skills and knowledge.
(3) A public safety commission may ask a person that Cabinet Office Order
prescribes to handle the training prescribed in item (i), items (iii) through (ix),
and items (xi) through (xiv) of paragraph (1) or to handle the training as
prescribed in the preceding paragraph.
(4) It is prohibited for a person asked to handle the training set forth in item (xii)
of paragraph (1) (but only training conducted based on the results of cognitive
assessments pursuant to Article 97-2, paragraph (1), item (iii), (a), Article 101-
4, paragraph (2) or Article 101-7, paragraph (4)) pursuant to the preceding
paragraph (or its officer, if it is a corporation), the employee thereof, or person
formerly in such a position to divulge confidential information learned in
connection with the operations handled thereby.
(Applicable Penal Provisions: Article 117-4, item (i) applies to paragraph (4)
of this Article.)
149
Article 108-3-2 If a person holding a license or person with an International
Driving Permit or license engages in conduct that comes to meet the criteria
that Cabinet Order prescribes which is referred to in Article 102-2, a public
safety commission must promptly notify that person, in writing and pursuant
to Cabinet Office Order, that it will conduct the training set forth in Art icle
108-2, paragraph (1), item (xiii).
150
in their bicycle rider training.
151
That Results in a Death or Injury, or an offense prescribed in this Act if it
has been less than two years since the day on which the person completed
the sentence or ceased to be subject to its execution; or
(iv) a corporation with an officer as referred to in the preceding item.
(4) A public safety commission designates a person as under paragraph (1) may
choose not to conduct the specified training for which it has designated that
person.
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(Orders for Conformity; Supervisory Orders)
Article 108-8 (1) If a public safety commission finds that a designated training
institution no longer conforms to a criterion that Article 108-4, paragraph (1)
prescribes, it may order the designated training institution to take the
necessary measures to conform to that criterion.
(2) Beyond what is prescribed in the preceding paragraph, on finding it to be
necessary to do so in order to ensure the proper and reliable implementation of
specified training, a public safety commission may issue orders that are
necessary, from a supervisory perspective, with regard to the operations of a
designated training institution.
(Rescission of Designation)
Article 108-11 (1) A public safety commission must revoke the designation of a
designated training institution if it comes to fall under Article 108 -4,
paragraph (3), item (i), (iii), or (iv).
(2) A public safety commission may revoke the designation of a designated
training institution if it comes to fall under one of the following items:
(i) it violates Article 108-5, paragraph (1) or (2), Article 108-6, paragraph (1),
or the preceding Article; or
(ii) it violates an order under Article 108-5, paragraph (3) or Article 108-8,
paragraph (1) or (2).
Chapter VI-3 The Institute for Traffic Accident Research and Data
153
Analysis
(Activities)
Article 108-14 ITARDA is to carry out the following operations:
(i) investigating road traffic conditions, the status of drivers, and other
features of traffic accidents in light of actual instances of traffic accidents, so
as to contribute to scientific research into the causes of traffic accidents;
(ii) analyzing information and materials connected with investigations as
prescribed in the preceding item (hereinafter referred to in this Chapter as
"case-study investigations") and other information and materials concerning
individual traffic accidents, in order to conduct scientific re search into the
causes of traffic accidents;
(iii) collecting and analyzing information and materials about traffic accidents
in general and otherwise conducting scientific investigations and research
into traffic accidents;
(iv) sharing the results of analyses under item (ii) and the results of analyses
and investigation and research under the preceding item in order to
cooperate in measures that the public safety commissions take pursuant to
Article 108-26;
(v) sharing the results of analyses under item (ii) and the results of analyses
and investigation and research under item (iii), on a regular or timely basis,
in order to spread knowledge about traffic accidents and heighten public
awareness on traffic accident prevention, beyond as set forth in the pre ceding
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item;
(vi) exchanging information with institutions that investigate and research
traffic accidents occurring in foreign countries; and
(vii) carrying out operations incidental to those set forth in the preceding items.
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information.
(Duty of Confidentiality)
Article 108-18 It is prohibited for the current or former officer or employee
ITARDA to divulge confidential information learned in connection with the
activities set forth in items (i) through (iii) of Article 108-14.
(Applicable Penal provisions: item (iii) of Article 117-5)
(Supervisory Orders)
Article 108-22 The National Public Safety Commission may issue orders to
ITARDA that are necessary from a supervisory perspective, but only so far as
is necessary to enforce this Chapter.
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Article 108-23 (1) The National Public Safety Commission may revoke the
designation of ITARDA if it violates this Chapter or an order under pa ragraph
(2) of Article 108-17, Article 108-19 or the preceding Article.
(2) Having revoked a designation pursuant to the preceding paragraph, the
National Public Safety Commission must issue public notice of this.
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local governments (other than those implemented by public safety
commissions).
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(i) road traffic rules prescribed by laws and regulations;
(ii) points that the commission wants persons using the road to strictly observe
in order to prevent road hazards and ensure the safety and fluidity of ro ad
traffic or to prevent problems arising from road traffic; and
(iii) motor vehicle structure and other knowledge that persons need in order to
drive motor vehicles and motorized bicycles, beyond what is set forth in the
preceding two items.
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Public Safety Commission provide for the necessary particulars in connection
with facilitators of regional traffic safety activities.
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vehicle parking, road traffic, and road usage (other than as under item (i));
(vi) carrying out educational activities on proper on-road vehicle parking and
road usage (other than as under item (ii));
(vii) implementing surveys on road or traffic conditions commissioned by the
chief of a police station in connection with permission as under Article 56,
Article 57, paragraph (3), or Article 77, paragraph (1);
(viii) implementing surveys on the condition of structures and objects on the
road commissioned by the chief of a police station (other than in connection
with the permission referred to in the preceding item);
(ix) providing instruction in competent driving (other than guidance for drivers
of motor vehicles used for motor carrier services as prescribed in Article 2,
paragraph (2) of the Road Transportation Act (including Type II cargo
transportation services as prescribed in Article 2, paragraph (8) of the Cargo
Forwarder Service Act));
(x) supporting organized activities undertaken voluntarily in the private -sector
to contribute to the safety and fluidity of road traffic;
(xi) conducting training for facilitators of regional traffic safety activities;
(xii) providing communication and coordination in connection with the
administrative functions of committees for facilitating regional traffic safety
activities and providing other support for the performance of their duties;
and
(xiii) operations incidental to those set forth in the preceding items.
(3) A public safety commission may order the prefectural center to take necessar y
measures to improve its financial status or the running of its operations if it
finds that these need improvement.
(4) A public safety commission may revoke the designation under paragraph (1) if
the prefectural center violates an order under the preceding paragraph.
(5) It is prohibited for the current or former officer or employee of a prefectural
center to divulge confidential information learned in connection with the
activities set forth in paragraph (2), item (iii) or items (vii) through (ix) of thi s
Article.
(6) To apply the Penal Code and other penal provisions, the officers and
employees of prefectural centers who are engaged in the activities set forth in
paragraph (2), item (vii) and (viii) are deemed to be employees engaged in
public service pursuant to laws and regulations.
(7) A prefectural center must carry out the operations set forth in the items of
paragraph (2) in harmony and coordination with the activities of the relevant
organizations and groups so that they can carry out those activities smoothly.
(8) Rules of the National Public Safety Commission provide for the procedures for
the designation referred to in paragraph (1) and other necessary particulars in
connection with prefectural centers.
161
(Applicable Penal Provisions: Article 117-5, item (iii) applies to paragraph (5)
of this Article.)
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replaced with "the National Public Safety Commission"; the phrases "a public
safety commission" and "paragraph (1)" in paragraph (4) of that Article are
deemed to be replaced with "the National Public Safety Commission" and
"paragraph (1) of the following Article", respectively; the phrase "the items of
paragraph (2)" in paragraph (7) of that Article is deemed to be replaced with
"the items of paragraph (2) of the following Article"; and the phrase "paragraph
(1)" in paragraph (8) of that Article is deemed to be replaced with "paragraph
(1) of the following Article".
163
paragraph (1). In such a case, the phrase "motor vehicle driving instruction" in
paragraph (3) of that Article is deemed to be replaced with "education for
licensed drivers as referred to in Article 108-32-2, paragraph (1) which has
been accredited as referred to in that paragraph" and the phrase "instruction
at the driving school" in that paragraph is deemed to be replaced with
"education for licensed drivers"; and the phrase "instruction in motor vehicle
driving skills or knowledge at the driving school" in paragraph (4) of that
Article is deemed to be replaced with "the education for licensed drivers
referred to in Article 108-32-2, paragraph (1)".
(5) If a public safety commission finds that education for licensed drivers that
has been accredited as referred to in paragraph (1) no longer conforms to one of
the items of that paragraph, it may revoke the accreditation.
(6) Beyond what is prescribed in the preceding paragraphs, Rules of the National
Public Safety Commission provide for applying for accreditation as referred to
in paragraph (1) and other necessary particulars of accreditation as referred to
in that paragraph.
(Applicable Penal Provisions: Article 123-2 applies to paragraph (3) of this
Article.)
(NotifyingUsers)
Article 108-34 If the driver of a vehicle or streetcar violates this Act, an order
under this Act, or a measure under this Act and the public safety commission
finds that the violation has been committed in connection with the busi ness of
the user of the vehicle or streetcar in which the violation was committed, it is
to notify the relevant person of the details of the violation, pursuant to Cabinet
Office Order; if the user of that vehicle or streetcar is a passenger motor
164
carrier under the Road Transportation Act, a person engaged in Type II cargo
transportation services under the Cargo Forwarder Service Act, or the operator
of a track under the Railroad Act, the commission is to notify the
administrative agencies that supervise it and its business, and if the user of
that vehicle or streetcar is a person other than any of these, the commission is
to notify the user of the vehicle or streetcar, itself.
165
(3) The National Public Safety Commission must create and publicize guidelines
for providing drivers with traffic information in order to ensure that persons
carrying out operations to provide drivers with traffic information are able to
provide traffic information accurately and appropriately.
(4) A person carrying out operations to provide drivers with traffic information
(other than what a public safety commission or a person asked to handle
administrative functions under paragraph (2) carries out, and other than what
the manager of a road under the Road Act carries out for the maintenance,
repair, or other management of the road; the same applies in paragraph (1) of
the following Article) must take care to prevent road hazards and to otherwise
contribute to the safety and fluidity of traffic by providing traffic information
accurately and appropriately in accordance with the guidelines for providing
drivers with traffic information that are referred to in the preceding paragraph.
Article 109-3 (1) A person seeking to carry out operations to provide drivers with
traffic information that fall under one of the following items (hereinafter
referred to in this Article as "operations to provide drivers with specified traffic
information") must file the name and address thereof (or, if it is a corporation,
its name, the name of its representative, and the locality of its principal office),
how the person will collect and provide the traffic information, and the
information that Cabinet Office Order prescribes with the National Public
Safety Commission, pursuant to Cabinet Office Order. The same applies i f a
piece of information that the that person has filed with the commission
changes:
(i) operations for predicting road traffic congestion; or
(ii) operations for predicting the time required to arrive at a destination.
(2) On finding that a person carrying out operations to provide drivers with
specified traffic information has caused a road traffic hazard or congestion by
providing inaccurate and inappropriate traffic information, the National Public
Safety Commission may recommend that the person take the necessary
measures to provide drivers with accurate and appropriate traffic information,
fixing a reasonable period for this in light of the level of technology involved in
the operations set forth in the preceding paragraph and other circumstances.
(3) If the National Public Safety Commission has made a recommendation under
the preceding paragraph, but the person carrying out the operations to provide
drivers with specified traffic information that has received that
recommendation fails to comply with it, the National Public Safety Commission
may publicly announce this, giving the details of its recommendation.
(4) The National Public Safety Commission may have a person carrying out
operations to provide drivers with specified traffic information report on the
necessary matters, but only so far as is necessary to enforce the preceding two
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paragraphs.
(Applicable Penal Provisions: Article 119-3, paragraph (1), item (vii) and
Article 123 apply to paragraph (1) of this Article. Article 119-3, paragraph (1),
item (viii) and Article 123 apply to paragraph (4) of this Article.)
167
(iv), item (iv)-2, or item (vii), Article 4, paragraph (3), Article 8, paragraph (1),
Article 13, paragraph (2), Article 17, paragraph (4), paragraph (5), item (v), or
paragraph (6), Article 22, paragraph (1), Article 23, Article 34, paragraph (5),
Article 49, paragraph (1), Article 63-4, paragraph (1), item (i), or Article 63-7,
paragraph (2) (but only road signs or markings that Cabinet Office
Order/Order of the Ministry of Land, Infrastructure, Transport and Tourism
prescribes, if they are as referred to in Article 17, paragraph (6); and only road
signs or markings showing a maximum speed limit exceeding that which
Cabinet Order prescribes as referred to in Article 22, paragraph (1), if they are
as referred to in that paragraph; the same applies hereinafter in this Article), a
public safety commission (or the chief of a police station to whom authority has
been delegated pursuant to Article 5, paragraph (1); the same applies
hereinafter in this Article) must hear the opinion of the manager of the road on
which the traffic would be so regulated (but only if it is a road as under the
Road Act, for road signs or markings other than as referred to in Article 22,
paragraph (1) and Article 63-4, paragraph (1), item (i)); provided, however, that
this does not apply if traffic will be regulated using road signs or markings as
prescribed in Article 8, paragraph (1) and urgent circumstances are found to
compel the commission to do otherwise, in which case the commission is to
notify the manager of its regulation of traffic promptly after doing so.
(4) Notwithstanding the main clause of the preceding paragraph, before
regulating traffic on a national expressway or limited highway based on Article
4, paragraph (1) using road signs or markings as referred to in the main clause
of the preceding paragraph, Article 17, paragraph (5), item (iv), Article 30,
Article 42, or Article 75-4, a public safety commission must consult with the
manager of the road in question. The proviso of the preceding paragraph
applies mutatis mutandis to such a consultation.
(5) Before prohibiting stopping and parking or parking based on Article 4,
paragraph (1) on a part of the road that road signs or markings as referred to
in Article 44 or Article 45, paragraph (1) show to be an on-street parking spot,
a public safety commission must specify the timeframe of that prohibition after
hearing the opinion of the local government that set in place the on -street
parking spot regarding the fact that it seeks to prohibit this and timeframe of
the prohibition. However, the commission may implement the prohibition
without hearing the opinion of the local government if urgent circumstances
are found to compel this, in which case it must notify the local government that
it has implemented the prohibition and of the timeframe for it promptly after
doing so.
(6) Before designating, based on Article 4, paragraph (1), a part of the road that
road signs or markings as referred to in Article 49, paragraph (1) show to be an
on-street parking spot as a time-restricted parking zone, a public safety
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commission must hear the opinion of the local government that set in place the
on-street parking spot.
(7) If a parking space maintenance plan (but only one in which the particulars
set forth in Article 3, paragraph (2), item (iv) of the Parking Spaces Act have
been provided for) has been established pursuant to Article 4, paragraph (1) of
that Act, before designating a time-restricted parking zone, based on Article 4,
paragraph (1), using road signs or markings as referred to in Article 49,
paragraph (1) within a parking space maintenance zone as prescribed in
Article 3, paragraph (1) of the Parking Spaces Act, a public safety commission
must hear the opinion of the municipality that has established the plan.
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(3): an assessment fee;
(ii) a person seeking to be retested as under Article 100-2, paragraph (1): a re-
testing fee;
(iii) a person seeking to be issued a license under Article 92, paragraph (1): a
license issuance fee;
(iv) a person seeking to be re-issued a license under Article 94, paragraph (2): a
license re-issuance fee;
(v) a person seeking to renew a license under Article 101, paragraph (1) or
Article 101-2, paragraph (1): a license renewal fee;
(v)-2 a person seeking to apply for a license renewal pursuant to Article 101-2-
2, paragraph (1): a transfer fee;
(v)-3 a person seeking to undergo a cognitive assessment: a cognitive
assessment fee;
(vi) a person subject to restrictions on the type of motor vehicle or motorized
bicycle that the person is permitted to drive pursuant to Article 91, who
seeks to undergo a screening by the public safety commission in order to
have the restrictions lifted in whole or in part: a screening fee;
(vii) a person seeking to be issued a skills evaluator certificate under Article
99-2, paragraph (4): a skills evaluator certificate issuance fee;
(viii) a person seeking to undergo a screening under Article 99-2, paragraph (4),
item (i), (a): a skills evaluator screening fee;
(ix) a person seeking to be issued an instructor certificate under Ar ticle 99-3,
paragraph (4): an instructor certificate issuance fee;
(x) a person seeking to undergo a screening under Article 99-3, paragraph (4),
item (i), (a): an instructor screening fee;
(xi) a person seeking to be issued a Foreign Driving Permit under Article 107-7,
paragraph (1): a fee for issuance of a Foreign Driving Permit;
(xii) a person seeking to undergo the training set forth in one of the items of
Article 108-2, paragraph (1): a training fee; and
(xiii) a person seeking to undergo novice driver training or the training set
forth in Article 108-2, paragraph (1), item (xiii): a notice fee.
(2) In a case as referred to in the preceding paragraph, a prefectural government
may allow the training fees referred to in item (xii) of that paragraph that are
associated with the specified training conducted by a designated training
institution to be paid to that institution as its revenue, pursuant to prefectural
ordinance.
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Article 12 and Article 14) does not apply to any change of conditions or
addition of new conditions under Article 77, paragraph (4) or to the revocation
or suspension of a permission under paragraph (5) of that Article; to the
revocation or suspension of a license under Article 90, paragraph (5), the
revocation of a license under paragraph (6) of that Article, or the fixing of a
period during which a person may not be granted a license under paragraph (9)
or (10) of that Article; to measures based on which a person may be prohibited
from taking a driver's license test under Article 97-3, paragraph (3) (but only
in connection with the reversal of a decision that a person has pa ssed as
referred to in paragraph (1) of that Article); to the revocation or suspension of
a license under Article 103, paragraph (1) or (4) (but only in connection with
what is provided in paragraph (1), item (v) of that Article), the revocation of a
license under paragraph (2) or (4) of that Article (but only in connection with
what is provided in paragraph (2), items (i) through (iv) of that Article), or the
fixing of a period during which a person may not be granted a license under
paragraph (7) or (8) of that Article; to the revocation of a license under Article
104-2-2, paragraph (2) or (4); to the revocation of a provisional license under
Article 106-2; or to a prohibition against a person's driving of a motor vehicle
or motorized bicycle under Article 107-5, paragraph (1) or Article 103,
paragraph (4) as applied mutatis mutandis pursuant to Article 107 -5,
paragraph (9) (but only in connection with what is provided in Article 107 -5,
paragraph (1), item (ii)) or a prohibition against a person's driving of a motor
vehicle or motorized bicycle under Article 107-5, paragraph (2) or Article 103,
paragraph (4) as applied mutatis mutandis pursuant to Article 107 -5,
paragraph (9) (but only in connection with what is provided in Article 107 -5,
paragraph (2), if a person is prohibited from driving a motor vehicle or
motorized bicycle under Article 103, paragraph (4) as applied mutatis
mutandis pursuant to Article 107-5, paragraph (9)).
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(Delegation of Authority to an Area Public Safety Commission)
Article 114 An area public safety commission, pursuant to Cabinet Order, may
be made to handle the administrative processes falling within the authority of
the Hokkaido public safety commission pursuant to this Act.
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in accordance with the standards that Cabinet Order prescribes and pursuant
to prefectural ordinance.
173
vehicle allowed emergency entry" in that paragraph are deemed to be replaced
with "vehicle used by the Self-Defense Forces"; and the word "immediately" in
paragraph (6) of that Article is deemed to be replaced with "without delay".
(Applicable Penal Provisions: Article 118-3 applies to paragraph (1) of this
Article.)
(Transitional Measures)
Article 114-6 When Cabinet Order, Cabinet Office Order, Rules of the National
Public Safety Commission, or Rules of the Prefectural Public Safety
Commission are established, amended, or repealed based on this Act, the
necessary transitional measures (including transitional measures for penal
provisions) may be set forth therein to the extent judged reasonably necessary
for its enactment, amendment, or repeal.
Article 115 A person who, without due cause, operates a traffic light, relocates a
road sign or road marking that a public safety commission has installed, or
damages a traffic light or any road sign or road marking that a public safety
commission has installed, and thereby causes a road traffic hazard is subject to
imprisonment for not more than five years or a fine of not more than 200,000
yen.
174
person as referred to in that paragraph is attributable to the driver's driving,
the driver is subject to imprisonment for not more than 10 years or a fine of not
more than one million yen.
175
pursuant to Article 107-2);
(ii) a person violating Article 64 (Prohibition against Unlicensed Driving and
Related Conduct), paragraph (2) (but only if the person provided with the
motor vehicle or motorized bicycle as a result of the violation drives or rides
it in violation of paragraph (1) of that Article);
(iii) a person driving a vehicle or streetcar (other than a light road vehicle; the
same applies in the following item) in violation of Article 65 (Prohibition
against Driving Under the Influence of Alcohol and Related Conduct),
paragraph (1), with alcohol in their system at or above the level that Cabinet
Order prescribes;
(iv) a person violating Article 65 (Prohibition against Driving Under the
Influence of Alcohol and Related Conduct), paragraph (2) (but only if the
person provided with the vehicle or streetcar as a result of the violation
drives it with alcohol in their system at or above the level that Cabine t Order
prescribes which is referred to in the preceding item; other than as under
item (ii) of the preceding Article);
(v) a person providing a person with an alcoholic beverage in violation of
Article 65 (Prohibition against Driving Under the Influence of Alcohol and
Related Conduct), paragraph (3) (but only if the person provided with the
alcoholic beverage as a result of the violation drives a vehicle or streetcar in
an intoxicated state);
(vi) a person violating Article 65 (Prohibition against Driving Under the
Influence of Alcohol and Related Conduct), paragraph (4) (but only if the
person violates that paragraph with the knowledge that the driver of the
vehicle that the person has gotten into is in an intoxicated state, and the
driver drives the vehicle in an intoxicated state);
(vii) a person violating Article 66 (Prohibition against Driving While
Overworked or Otherwise Compromised) (other than one falling under item
(iii) of the preceding Article);
(viii) a person violating Article 75 (Responsibilities of Motor Vehicle Users;
Related Considerations), paragraph (1), item (i);
(ix) a person violating Article 75 (Responsibilities of Motor Vehicle Users;
Related Considerations), paragraph (1), item (iii) (but only if the violation
causes the driver to drive a motor vehicle in an intoxicated state or with
alcohol in their system at or above the level that Cabinet Order prescribes
which is referred to in item (iii); other than as under item (iv) of the
preceding Article);
(x) a person violating Article 75 (Responsibilities of Motor Vehicle Users;
Related Considerations), paragraph (1), item (iv) (other than a person falling
under item (v) of the preceding Article); or
(xi) the person was issued a license or Foreign Driving Permit through
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deception or other wrongful means.
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when asked to report by the public safety commission under Article 101-5
(Requesting Licensees to Report) or Article 107-3-2 (Requesting Persons with
International Driving Permits and Licenses to Report).
Article 118 (1) A person as referred to in one of the following items is subject to
imprisonment for not more than six months or a fine of not more than 100,000
yen:
(i) a person engaging in conduct that constitutes a violation of Article 22
(Maximum Speed Limits);
(ii) a person driving a vehicle while carrying a load that exceeds weight
restrictions, in violation of Article 57 (Restrictions on Riding and Loading;
Related Considerations), paragraph (1);
(iii) a person failing to comply with the order of the chief of a police station
under Article 58-5 (Prohibition on Requiring or Otherwise Compelling
Drivers to Drive Overloaded Vehicles), paragraph (2);
(iv) a person violating item (ii) or (v) of paragraph (1) of Article 75
(Responsibilities of Motor Vehicle Users; Related Considerations), paragraph
(1), item (ii) or (v);
(v) a person ordering or allowing a person to drive a motor vehicle carrying a
load as prescribed in item (ii), in violation of Article 75 (Responsibilities of
Motor Vehicle Users; Related Considerations), paragraph (1), item (vi);
(vi) a person violating Article 76 (Prohibited Activities), paragraph (1) or (2);
(vii) a person violating Article 85 (Class 1 Licenses), paragraph (5) through
(10); or
(viii) a person driving a motor vehicle in violation of the sec ond sentence of
Article 87 (Provisional Licenses), paragraph (2).
(2) A person who, through negligence, commits the offense referred to in item (i)
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of the preceding paragraph is subject to imprisonment without work for not
more than three months or a fine of not more than 100,000 yen.
Article 118-3 The driver of a vehicle who fails to comply with the prohibition or
restriction of a public safety commission as under Article 114-5 (Regulation of
Traffic When Self-Defense Forces Are Mobilized; Related Considerations),
paragraph (1) is subject to imprisonment for not more than three months or a
fine of not more than 300,000 yen.
Article 119 (1) A person as referred to in one of the following items is subject to
imprisonment for not more than three months or a fine of not mo re than 50,000
yen:
(i) the driver of a vehicle or streetcar who fails to comply with the on -site
instructions of a police officer as prescribed in the second sentence of Article
4 (Regulation of Traffic by the Public Safety Commission), paragraph (1) or
with the prohibition or restriction of a police officer as under Article 6
(Regulation of Traffic by Officers), paragraph (4);
(i)-2 the driver of a vehicle or streetcar who violates Article 7 (Obligation to
Obey Traffic Light Signals and Alternative Signals), Article 8 (Prohibition
and Permission of Entry), paragraph (1), or Article 9 (Obligations of the
Drivers of Vehicles When Entering onto Pedestrian Paths);
(i)-3 a person violating Article 24 (Prohibition on Sudden Braking);
(i)-4 a person engaging in conduct that constitutes a violation of Article 26
(Maintaining Distance between Vehicles) (but only when this takes place on
a national expressway or limited highway);
(ii) a person engaging in conduct that constitutes a violation of Article 30
(Places Where Passing Is Prohibited), Article 33 (Going Over Railroad
Crossings) paragraph (1) or (2), Article 38 (Pedestrians' and Cyclists' Right of
Way at Pedestrian and Bicycle Crossings), Article 42 (Places Where Vehicles
Must Be Driven at Reduced Speeds), or Article 43 (Coming to a Stop at
Designated Places);
(ii)-2 a person engaging in conduct that constitutes a violation of Article 17
(Traffic Distribution), paragraphs (1) through (4) or paragraph (6), Article 18
(Keeping to the Left When Proceeding Down a Road; Related Considerations),
paragraph (2), Article 25-2 (Prohibition on Cutting Across Roads and Other
Such Maneuvers), paragraph (1), Article 28 (How to Pass), Article 29 (When
179
Passing Is Prohibited), Article 31 (Stopping or Reducing Speed If Streetcars
Are Stopped), Article 36 (Interacting with Other Vehicles and Streetcars at
Intersections), paragraph (2), (3), or (4), Article 37-2 (Interacting with Other
Vehicles and Streetcars in Roundabouts), Article 38-2 (Right of Way for
Pedestrians at Intersections without Pedestrian Crossings), or Article 75-5
(Prohibition on Cutting Across Roads and Other Such Maneuvers);
(iii) a person failing to comply with the orders of an officer under Article 50 -2
(Measures against Illegal Stopping) (including as applied mutatis mutandis
pursuant to Article 75-8 (Prohibition against Stopping and Parking),
paragraph (2)) or Article 51 (Measures against Illegal Parking), paragraph
(1) (including as applied mutatis mutandis pursuant to Article 75-8
(Prohibition against Stopping and Parking), paragraph (2));
(iii)-2 a person driving a vehicle carrying a load in violation of Article 57
(Restrictions on Riding and Loading; Related Considerations), paragraph (1)
(other than a person falling under Article 118, paragraph (1), item (ii)) ;
(iii)-3 a person failing to comply with a stop by a police officer, refusing a police
officer's request to present a certificate or document, or refusing or
obstructing a police officer's measurements under Article 58-2 (Measuring
Weight of Loads; Related Measures);
(iii)-4 a person failing to comply with the orders of a police officer under Article
58-3 (Order to Take Measures for Overloaded Vehicles), paragraph (1) or (2);
(iv) a person failing to comply with a stop by a police officer or with a police
officer's order under Article 61 (Hazard Prevention Measures);
(v) a person driving or causing or allowing another person to drive a vehicle or
streetcar (other than a light road vehicle) in violation of Article 62
(Prohibition against Driving Improperly Maintained Vehicles);
(vi) a person failing to comply with a stop by a police officer, refusing a police
officer's request to present a certificate or document, or refusing or
obstructing an inspection under Article 63 (Vehicle Inspections; Other
Measures), paragraph (1);
(vii) a person failing to comply with the orders of a police officer under Article
63 (Vehicle Inspections; Other Measures), paragraph (2);
(viii) a person failing to comply with a stop by a police officer under Article 67
(Hazard Prevention Measures), paragraph (1);
(ix) a person violating Article 70 (Safe Driving Obligations);
(ix)-2 a person violating Article 71 (Rules to Be Observed by Drivers), item (ii),
(ii)-3 or (iii);
(ix)-3 a person violating Article 71 (Rules to Be Observed by Drivers), item (v)-
5 and thereby causing a road traffic hazard;
(x) a person failing to report as prescribed in the second sentence of Article 72
(Measures in the Event of a Traffic Accident), paragraph (1);
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(xi) a person violating Article 75 (Responsibilities of Motor Vehicle Users;
Related Considerations), paragraph (1), item (vi) (other than a person falling
under Article 118, paragraph (1), item (v));
(xii) a person failing to comply with the orders of a public safety commission
pursuant to Article 75 (Responsibilities of Motor Vehicle Users; Related
Considerations), paragraph (2) or Article 75-2 (Responsibilities of Motor
Vehicle Users; Related Considerations) paragraph (1) or (2);
(xii)-2 a person failing to comply with the prohibition, restrict ion, or orders of a
police officer under Article 75-3 (Hazard Prevention and Other Such
Measures);
(xii)-3 a person violating Article 75-10 (Rules to Be Observed by Drivers of
Motor Vehicles), for whom it becomes impossible to drive the motor vehicle in
question on a main roadway or adjoining lane; or a person allowing an object
loaded in or onto the motor vehicle to fall or be scattered on the national
expressway or limited highway, in violation of that Article;
(xii)-4 a person violating Article 76 (Prohibited Activities), paragraph (3) or
Article 77 (Permission for Road Use), paragraph (1);
(xiii) a person violating a condition that the chief of a police station has
attached pursuant to Article 77 (Permission for Road Use), paragraph (3), or
that the chief of a police station has changed or attached pursuant to
paragraph (4) of that Article;
(xiv) a person failing to comply with the orders of the chief of a police station
under Article 81 (Measures for Illegal Structures and Objects), paragraph (1),
Article 81-2 (Measures for Spilled Loads), paragraph (1), or Article 82
(Measures to Prevent Hazards Posed by Roadside Structures and Objects)
paragraph (1); or
(xv) a person driving a motor vehicle or motorized bicycle in violation of
conditions attached or changed by a public safety commission pursuant to
Article 91 (License Conditions) or the orders of a public safety commission
under Article 107-4 (Special Fitness Screenings), paragraph (3).
(2) A person who, through negligence, commits the offence referred to in item (i)-
2, (ii) (other than the part with a bearing on the second sentence of Article 43),
(v), (ix), or (xii)-3 of the preceding paragraph is subject to a fine of not more
than 100,000 yen.
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is subject to a fine of not more than 150,000 yen:
(i) conduct constituting a violation of Article 44 (Places Where Stopping or
Parking Is Prohibited), Article 45 (Places Where Parking Is Prohibited),
paragraph (1) or (2), Article 48 (Special Rules on How to Stop and Park),
Article 49-3 (How to Park in Time-Restricted Parking Areas; Related
Considerations), paragraph (3), or Article 49-4 (Prohibition Against Parking
in Time-Restricted Parking Areas for Elderly and Special-Needs Drivers);
(ii) conduct constituting a violation of Article 47 (How to Stop and Park),
paragraph (2) or (3) or Article 75-8 (Prohibition against Stopping and
Parking), paragraph (1); or
(iii) conduct violating Article 75 (Responsibilities of Motor Vehicle Users;
Related Considerations), paragraph (1), item (vii).
(2) A person who, through negligence, commits the offense referred to in item (i)
of the preceding paragraph is subject to a fine of not more than 150,000 yen.
Article 119-3 (1) A person as referred to in one of the following items (other than
a person set forth in one of items (i) through (iv) and also falling under
paragraph (1) of the preceding Article) is subject to a fine of not more than
100,000 yen:
(i) a person engaging in conduct that constitutes a violation of Article 44
(Places Where Stopping or Parking Is Prohibited), Article 45 (Places Where
Parking Is Prohibited), paragraph (1) or (2), Article 48 (Special Rules on How
to Stop and Park), Article 49-3 (How to Park in Time-Restricted Parking
Areas; Related Considerations), paragraph (2) or (3), Article 49-4
(Prohibition Against Parking in Time-Restricted Parking Areas for Elderly
and Special-Needs Drivers), or the second sentence of Article 49-5 (Special
Rules on Parking in Time-Restricted Parking Areas) (other than a person
falling under the following item, if that person has engaged in conduct t hat
constitutes a violation of Article 49-3, paragraph (2));
(ii) a person leaving a vehicle parked in a time-restricted parking zone where a
ticket dispenser as referred to in Article 49, paragraph (1) has been installed,
for a period of time after parking the vehicle that exceeds the timeframe
specified by road signs or markings as referred to in Article 49 -3, paragraph
(2) (other than a person issued a ticket by a ticket dispenser after parking
and before the specified timeframe has passed);
(iii) a person violating Article 49-3 (How to Park in Time-Restricted Parking
Areas; Related Considerations), paragraph (4);
(iv) a person engaging in conduct that constitutes a violation of Article 47 (How
to Stop and Park) or Article 75-8 (Prohibition against Stopping and Parking)
paragraph (1);
(v) a person failing to report or submit materials as under Article 51-5,
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paragraph (1) (Requests to Report; Other Actions), or a person falsely
reporting or falsely submitting such materials;
(vi) a person violating Article 71-4 (Rules to Be Observed by Drivers of Large
Two-Wheeled Vehicles and Other Vehicles, paragraphs (3) through (6));
(vii) a person failing to make a filing or falsely filing as under Article 109 -3
(Providing Drivers with Traffic Information), paragraph (1); or
(viii) a person failing to report or falsely reporting as under Article 109 -3
(Providing Drivers with Traffic Information), paragraph (4).
(2) A person who, through negligence, commits the offence referred to in item (i),
(ii), or (iii) of the preceding paragraph is subject to a fine of not more than
100,000 yen.
Article 120 (1) A person as referred to in one of the following items is subject to
a fine of not more than 50,000 yen:
(i) the driver of a vehicle or streetcar who fails to comply with the prohibition,
restriction, or orders of a police officer under Article 6 (Regulation of Traffic
by Officers), paragraph (2);
(ii) a person engaging in conduct that constitutes a violation of Article 25 (How
to Exit the Road), paragraph (3), Article 26 (Maintaining Distance Between
Vehicles), Article 26-2 (Prohibition on Changing Course), paragraph (2),
Article 27 (Obligations of a Vehicle Being Overtaken by Another Vehicle),
Article 31-2 (Protections for Departing Buses), Article 32 (Prohibition on
Cutting Off Other Drivers), Article 34 (Turning Left and Right), paragraph
(6) (including as applied mutatis mutandis pursuant to Article 35
(Designated Traffic Distribution), paragraph (2)), Article 36 (Interacting with
Other Vehicles and Streetcars at Intersections), paragraph (1), Article 37
(Interacting with Other Vehicles and Streetcars at Intersections), Article 40
(Right of Way for Emergency Motor Vehicles), Article 41-2 (Right of Way and
Related Considerations for Fire-Services Vehicles), paragraph (1) or (2), or
Article 75-6 (Interacting with Other Motor Vehicles When Entering Main
Roadways and at Other Times) (other than one falling under Article 119,
paragraph (1), item (i)-4, if that person has also engaged in conduct that
constitutes a violation of Article 26);
(iii) a person engaging in conduct that constitutes a violation of Article 20
(Vehicle Passing Lanes), Article 20-2 (Priority Lanes for Fixed-Route Buses
and Other Such Motor Vehicles), paragraph (1), Article 26-2 (Prohibition on
Changing Course), paragraph (3), Article 35 (Designated Traffic
Distribution), paragraph (1), or Article 75-8-2 (Traffic Distribution for Motor
Vehicles Towing Heavy Towable Vehicles), paragraphs (2) through (4);
(iv) a person engaging in conduct that constitutes a violation of Article 25-2
(Prohibition on Cutting Across Roads and Other Such Maneuvers),
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paragraph (2);
(v) a person engaging in conduct that constitutes a violation of Article 50
(Prohibition on Entry into Intersections and Other Parts of the Road) or
Article 52 (Vehicle and Streetcar Lights), paragraph (1);
(vi) and (vii) Deleted;
(viii) a person violating Article 52 (Vehicle and Streetcar Lights), paragraph (2),
Article 53 (Signals), paragraph (1), (2), or (4), or Article 54 (Using the Horn),
paragraph (1);
(viii)-2 a person driving or causing another person to drive a light road vehicle
in violation of Article 62 (Prohibition against Driving Improperly Maintained
Vehicles) or a person violating Article 63-9 (Bicycle Braking Equipment;
Other Equipment), paragraph (1);
(viii)-3 a person failing to comply with a stop by a police officer or refusing or
obstructing a police officer's inspection under Article 63-10 (Bicycle
Inspections; Other Measures), paragraph (1);
(viii)-4 a person failing to comply with the orders of a police officer under
Article 63-10 (Bicycle Inspections; Other Measures), paragraph (2);
(ix) a person violating Article 71 (Rules to Be Observed by Drivers), item (i),
items (iv) through (v), items (v)-3, (v)-4, or (vi), Article 71-2 (Rules to Be
Observed by Drivers of Motor Vehicles and Motorized Bicycles), Article 73
(Prohibition on Interference), Article 76 (Prohibited Activities), paragraph (4),
or Article 95 (Obligation to Carry and Present a License), paragraph (2)
(including as applied mutatis mutandis pursuant to the second sentence of
Article 107-3 (Obligation to Carry and Present an International Driving
Permit or License));
(x) a person violating Article 55 (Riding and Loading), paragraph (1) or (2), or
Article 59 (Restrictions on Towing Motor Vehicles) paragraph (1) or (2);
(x)-2 a person violating Article 57 (Restrictions on Riding and Loading; Related
Considerations), paragraph (1) (other than a person falling under Article 118,
paragraph (1), item (ii) or Article 119, paragraph (1), item (iii)-2);
(xi) a person using a wireless telephone to make a telephone call or focusing
attention on the screen of a device carried into or onto a motor vehicle or
motorized bicycle while holding the device in the hand, in violation of Article
71 (Rules to Be Observed by Drivers), item (v)-5 (other than a person falling
under Article 119, paragraph (1), item (ix)-3);
(xi)-2 a person failing to comply with the orders of a police officer under Article
72 (Measures in the Event of a Traffic Accident), paragraph (2);
(xi)-3 a person violating Article 74-3 (Primary and Deputy Driving Safety
Supervisors), paragraph (1) or (4) or failing to comply with the orders of a
public safety commission under paragraph (6) of that Article;
(xii) a person engaging in conduct that constitutes a violation of Article 75-4
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(Minimum Speed Limit);
(xii)-2 a person violating Article 75-11 (Measures for Malfunctions and Other
Such Circumstances), paragraph (1);
(xiii) a person violating Article 77 (Permission for Road Use), paragraph (7);
(xiv) a person violating Article 87 (Provisional Licenses), paragraph (3);
(xv) a person transferring or lending another person their license, Foreign
Driving Permit, or International Driving Permit or license;
(xvi) s person transferring or lending another person their elderly or special-
needs driver mark; or
(xvii) a person failing to comply with the orders of a public safety commission
under Article 108-3-4 (Ordering Bicycle Riders to Undergo Training).
(2) A person who, through negligence, commits the crime referred to in item (iii),
(iv), (v), (viii), (viii)-2, or (xiv) of the preceding paragraph is subject to a fine of
not more than 50,000 yen.
Article 121 (1) A person as referred to in one of the following items is subj ect to
a criminal fine or petty fine of not more than 20,000 yen:
(i) a pedestrian failing to comply with the on-site instructions of a police officer
as prescribed in the second sentence of Article 4 (Regulation of Traffic by the
Public Safety Commission), paragraph (1) or with a police officer's
prohibition or restriction under Article 6 (Regulation of Traffic by Officers),
paragraph (4), or violating Article 7 (Obligations to Obey Traffic Light
Signals and Alternative Signals) or Article 8 (Prohibition and Permission of
Entry) paragraph (1);
(i)-2 a person violating a condition attached by the chief of a police station
pursuant to Article 8 (Prohibition and Permission of Entry), paragraph (5);
(ii) a person (or the leader of a procession) violating Article 11 (Passage of
Processions and Other Groups), paragraph (1);
(iii) the leader of a procession violating the second sentence of Article 11
(Passage of Processions and Other Groups), paragraph (2) or failing to
comply with the orders of a police officer under paragraph (3) of that Article;
(iv) a person failing to comply with the instructions of an officer under Article
15 (Traffic Instructions) or Article 63-8 (Bicycle Traffic Instructions);
(v) a person engaging in conduct that constitutes a violation of Article 17-2
(Use of the Side Strip by Light Road Vehicles), paragraph (2), Article 19
(Prohibition against Light Road Vehicles Traveling Abreast of Each Other),
Article 21 (Entering Railway Track Beds), paragraph (1), the second sentence
of paragraph (2), or paragraph (3), Article 25 (How to Exit the Road),
paragraph (1) or (2), Article 34 (Turning Left and Right) paragraphs (1)
through (5), Article 35-2 (Left Turns and Other Maneuvers Through
Roundabouts), Article 63-3 (Traffic Distribution on Bicycle Paths), Article 63-
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4 (Riding Standard Bicycles on Sidewalks), paragraph (2), or Article 75 -7
(Entering and Exiting Main Roadways);
(vi) a person violating Article 54 (Using the Horn), paragraph (2) or Article 55
(Riding and Loading), paragraph (3);
(vii) a person violating what is prescribed by a public safety commission based
on Article 57 (Restrictions on Riding and Loading; Related Considerations),
paragraph (2) or Article 60 (Restrictions on Towing by Vehicles Other Than
Motor Vehicles);
(viii) a person violating a condition attached by the chief of a police station
pursuant to Article 58 (Issuance of Permit to Exceed Restrictions; Related
Considerations) paragraph (3);
(ix) a person violating Article 45-2 (Special Rules for Stopping and Parking
Motor Vehicles Bearing an Elderly- or Special-Needs Driver Mark),
paragraph (4), Article 51-2 (Measures against Illegal Parking), paragraph
(10), Article 51-4 (Abandonment Penalty), paragraph (2), Article 63 (Vehicle
Inspections; Other Measures), paragraph (7), Article 75 (Responsibilities of
Motor Vehicle Users; Related Considerations), paragraph (11) (including as
applied mutatis mutandis pursuant to Article 75-2 (Responsibilities of Motor
Vehicle Users; Related Considerations), paragraph (3)), Article 78
(Procedures for Permission), paragraph (4), Article 94 (Filing to Change
Information Included on Licenses; Related Considerations), paragraph (1),
Article 103-2 (Provisional Suspension of Licenses), paragraph (3) (including
as applied mutatis mutandis pursuant to Article 107-5 (Prohibiting Persons
from Driving Motor Vehicles and Motorized Bicycles; Other Measures),
paragraph (10)), Article 107 (Returning and Submitting Licenses) paragraph
(1) or (3), Article 107-5 (Prohibiting Persons from Driving Motor Vehicles and
Motorized Bicycles; Other Measures), paragraph (5) or (7), or Article 107 -10
(Returning and Submitting Foreign Driving Permits), paragraph (1) or (2)
(other than a person falling under Article 117-5, item (ii));
(ix)-2 a person violating Article 63-2 (Tachograph Records; Related
Considerations) or Article 74-3 (Primary and Deputy Driving Safety
Supervisors), paragraph (5);
(ix)-3 a person violating Article 71-5 (Obligation to Display a Novice Driver
Mark or Other Mark), paragraph (1) through (3), or Article 71-6 (Obligation
to Display a Novice Driver Mark or Other Mark), paragraph (1) or (2); or
(x) a person violating Article 95 (Obligation to Carry and Present a License),
paragraph (1) or the first sentence of Article 107-3 (Obligation to Carry and
Present an International Driving Permit or License).
(2) A person who, through negligence, commits the offense referred to in item
(ix)-3 or (x) of the preceding paragraph is subject to a criminal fine or petty
fine of not more than 20,000 yen.
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Article 122 Deleted
Article 124 To apply this Chapter, the term "public safety commission" in this
Act includes an area public safety commission to which authority has been
delegated pursuant to Article 114.
(General Rules)
Article 125 (1) In this Chapter, the term "violation" means conduct constituting
an offense as referred to in the preceding Chapter which is set forth in the left -
hand column of Appended Table 2 and which the driver of a vehicle or streetcar
(other than a light road vehicle that is not a heavy towable vehicle; the same
applies in the following paragraph) has engaged in; Cabinet Order provides for
the different categories thereof.
(2) In this Chapter, the term "violator" means a person other than as referred to
in one of the following items who commits a violation:
(i) a person who has not been issued a driver's license under laws and
regulations for the vehicle or streetcar associated with the violation (this
includes a person whose license is under a suspension pursuant to laws and
regulations and excludes a person with an International Driving Permit or
license who is permitted by Article 107-2 to drive the vehicle or streetcar
using that permit or license) or a person who is prohibited from driving the
187
motor vehicle associated with the violation pursuant to Article 85 paragraphs
(5) through (10);
(ii) a person who has committed the violation in question while driving a
vehicle or streetcar in an intoxicated state, a state as prescribed by Article
117-2, item (iii), or with alcohol in their system at or above the level that
Cabinet Order prescribes which is referred to in Article 117-2-2, item (iii); or
(iii) a person who has caused a traffic accident by committing the violation in
question.
(3) In this Chapter, the term "penalty" means an amount of money that a violator
is required to pay to the State when seeking to apply this Chapter; Cabinet
Order provides for the amounts of penalties associated with different
categories of violation, within the scope of what is prescribed in Appended
Table 2.
(Notice to Appear)
Article 126 (1) Except in one of the following cases, when finding a person to be
a violator, a police officer must promptly notify that person in writing via a
document, of the essential facts constituting the violation, the category of
violation, and the date and place for the person to appear in order to be issued
a notice of findings as under the first sentence of paragraph (1) of the following
Article; provided, however, this does not apply to notifying the person of the
date and place to appear if the police officer finds it unnecessary for the person
to appear:
(i) if the person's residence or name is unclear; or
(ii) if the person is likely to flee.
(2) The document referred to in the preceding paragraph must include the
necessary information to allow the person to understand the procedures
provided for in this Chapter.
(3) Having notified a person as under paragraph (1), a police officer must report
this to the chief of the prefectural police having jurisdiction over the place
where the violation of which the officer has notified the person was committed;
provided, however, that, having notified a person found to have committed a
violation in an area outside the jurisdiction of the prefectural police to which
the police officer belongs based on Article 60-2 or Article 66, paragraph (2) of
the Police Act, the police officer must report having so notified the person to
the chief of the prefectural police to which the officer belongs.
(4) On finding a person to be a violator who has committed an offense as
prescribed in Article 119-2 or Article 119-3, paragraph (1), items (i) through
item (iv), or paragraph (2), a traffic patrol officer as prescribed in Article 114 -4,
188
paragraph (1) is to notify the person in accordance with paragraph (1) and
after doing so, to report in accordance with the preceding paragraph.
(Notice of Findings)
Article 127 (1) Following receipt of a report as referred to in paragraph (3) or (4)
of the preceding Article, on finding that the person who has been issued the
reported notice to appear has committed a violation belonging to the category
of which the person has been notified, the chief of the prefectural police is to
issue written notice to that person clearly indicating the reasons for the
finding and notifying the person to pay the penalty for that category of
violation. In doing so, unless the person has appeared on the date and at the
place indicated in the notice to appear or has made a provisional payment
under Article 129, paragraph (1), the chief of the prefectural police is to also
notify the person to pay the necessary costs for sending the written notice of
findings.
(2) Following receipt of a report as referred to in paragraph (3) or (4) of the
preceding Article, on finding that the person who has been issued the reported
notice to appear has not committed a violation belonging to the category of
which the person has been notified, the chief of the prefectural police is to
promptly issue written notice to that person clearly indicating the reasons for
the finding. In such a case, if the chief of the prefectural police finds that the
person issued the reported notice to appear has committed a violation
belonging to a category other than that of which the person has been notified,
the chief is to issue written notice to that person clearly indicating the reasons
for the finding and notifying the person to pay the penalty for that category of
violation.
(3) Notice of findings under paragraph (1) is to be issued on or promptly after the
date that follows the final day in the period provided for in Article 129,
paragraph (1).
(Payment of Penalties)
Article 128 (1) The penalty of which a person is notified as under paragraph (1)
or the second sentence of paragraph (2) of the preceding Article (or the penalty
and the necessary costs for sending the written notice of findings, for a person
notified as under the second sentence of paragraph (1) of that Article; the same
applies hereinafter in this Article) must be paid to the national government
within 10 days, counting from the day after that on which the person is so
notified (or, if the person is unable to pay the penalty within that period due
compelling circumstances that Cabinet Order prescribes, within 10 days
189
counting from the day after that on which the circumstances cease to ex ist)
pursuant to Cabinet Order.
(2) A person paying a penalty pursuant to the preceding paragraph is not subject
to prosecution, nor is that person subject to being brought before the family
court for trial, in connection with a case involving the conduct constituting the
reasons for the finding of which the person has been notified.
(Provisional Payments)
Article 129 (1) A person who has been notified to appear as under Article 126,
paragraph (1) or paragraph (4) may provisionally pay an amount equivalen t to
the penalty for the category to which the violation of which the person has been
notified belongs within seven days, counting from the day after that on which
the person is so notified, pursuant to Cabinet Order; provided, however, that
this does not apply after receipt of a notice of findings as under the first
sentence of Article 127, paragraph (2).
(2) A person who has made a provisional payment under the preceding paragraph
may be issued a notice of findings as under the first sentence of Article 1 27,
paragraph (1) by public notice, pursuant to Cabinet Order.
(3) If a person who has made a provisional payment under paragraph (1) is
issued a notice of findings as under the first sentence of Article 127, paragraph
(1) in connection with the notice to appear in respect of which the person has
made the provisional payment, that person is deemed to be a person who has
paid the penalty detailed in the notice of findings pursuant to paragraph (1) of
the preceding Article, and the person's provisional payment of an amount
equivalent to that penalty is deemed to be the payment of the penalty under
that paragraph.
(4) Having issued a notice of findings as under the first sentence of Article 127,
paragraph (2) to a person who has made a provisional payment under
paragraph (1), the chief of the prefectural police must promptly return an
amount of money equivalent to the provisional payment to that person.
190
being brought before the family court for trial, in connection with a case
involving the violation in question unless it is after the violator has been
issued a notice of findings pursuant to Article 127, paragraph (1) or the second
sentence of paragraph (2), notifying the violator to pay the penalty for the
category to which the violation belongs, and after the period provided for in
Article 128, paragraph (1) has ended; provided, however, that this does not
apply if:
(i) the violator was not notified to appear as under Article 126, paragraph (1)
or (4) because the circumstances fell under a category of case as set forth in
one of the items of Article 126, paragraph (1); or
(ii) the violator could not be notified to appear as under Article 126, paragraph
(1) or (4) or could not be notified of the findings as under Article 127,
paragraph (1) or the second sentence of paragraph (2) because the violator
refused to receive the document or because the violator's residence was
unknown.
191
(Delegation to Cabinet Order)
Article 132 Beyond what is prescribed in this Chapter, Cabinet Order provides
for the information required to be given in a document as prescribed in Article
126, paragraph (1), or Article 127, paragraph (1) or (2), and for other necessary
particulars concerning the implementation of this Chapter.
(Effective Date)
Article 1 This Act (hereinafter referred to as the "New Act") comes into force
within six months of its promulgation, on the date that Cabinet Order
prescribes.
(Interim Provisions)
Article 4 In a case as referred to in paragraph (1) or (2) of the preceding Article,
if they are still in effect, restrictions on the type of motor vehicle and other
such restrictions that a public safety commission has placed on a driver's
license pursuant to the Former Order, as well as conditions that a public safety
commission has attached to a driver's license or driver's permit pursuant to the
Former Order are deemed to be conditions that a public safety commission has
attached pursuant to the corresponding provisions of the New Act.
Article 6 To apply Article 99, paragraph (1) of the New Act to a person who, at
the time the New Act comes into effect, holds a current certificate of
graduation issued by a driver training center designated by a public safety
commission as set forth in Article 53, paragraph (1), item (i) of the Former
Order or a similar facility, and who has graduated less than one year
previously, that person is deemed to hold a certificate of graduation issued by a
designated driving school as set forth in Article 99, paragraph (1), item (i) of
the New Act, and to have graduated from that designated driving school less
than one year previously, until the end of the one-year period after the person's
graduation from the facility in question.
192
restriction on entry onto a road that a public safety commission has imposed
pursuant to the Former Act or a revocation, suspension, or other such measure
that a public safety commission has taken pursuant to the Former Act or the
Former Order in respect of a driver's license or driver's permit is deemed to be
a measure that a public safety commission has taken pursuant to the
corresponding provisions of the New Act. This being the case, any period that
has been fixed for that measure is to begin running on the date that the
measure was first taken pursuant to the Former Act or Former Order.
Article 8 A pending application (other than an application for a small four -wheel
motor vehicle license by a person under 18 years of age; the same applies
hereinafter in this Article), filing, or other process involving a driver's license
that has been undertaken with a public safety commission pursuant to the
Former Act or the Former Order as of the time the New Act comes into force is
deemed to be a process undertaken with a public safety commission pursuant
to the corresponding provisions of the New Act. In such a case, if the public
safety commission accepting an application for a driver's license, an application
for re-issuance of a driver's license or driver's permit, or a filing to change
information included on a driver's license or driver's permit does not have
jurisdiction over the domicile of the person filing the application, it must pass
on the documents connected with the process to the public safety commission
having jurisdiction over that person's domicile, promptly after the New Act
comes into force.
Article 10 To apply Article 90, paragraph (1) and Article 103, paragraph (2) (but
only the part with a bearing on item (ii) of that paragraph) of the New Act, a
person violating the Former Act, the Former Order, or a measure based on
either of these in driving a motor vehicle or a motorized bicycle is deemed to be
193
a person violating the corresponding provisions of the New Act or a measure
based on those provisions.
Article 11 If it is still in effect at the time the New Act comes into force,
permission that the chief of a police station has granted or any other such
measure that the chief of a police station has taken pursuant to the Former Act
or the Former Order is deemed to be a measure that the chief of a police
station has taken pursuant to the corresponding provisions of the New Act, and
the permit associated with any such permission is deemed to be a permit under
the corresponding provisions of the New Act. This being the case, any period
that has been fixed for that measure is to begin running on the date that the
measure was first taken pursuant to the Former Act or the Former Order.
Article 12 A pending application for permission or other such process that has
been undertaken with the chief of a police station pursuant to the Former Act
or the Former Order as of the time the New Act comes into force is deemed to
be a process undertaken with the chief of a police station pursuant to the
corresponding provisions of the New Act.
194
(i) the amount equivalent to the monies refunded under Article 129, paragraph
(4);
(ii) the amount calculated pursuant to Cabinet Order as being equi valent to
income used to cover the necessary costs for sending notices of findings as
prescribed in the second sentence of Article 127, paragraph (1) (these costs
are referred to as "costs for sending notices of findings" in item (ii) -b of the
following paragraph and in Article 19 of the Supplementary Provisions) (an
amount so calculated is hereinafter referred to as an "amount equivalent to
monies expended for sending notices of findings"); and
(iii) the amount equivalent to penalties and equivalent payments refunded due
to excessive or erroneous payment.
(3) The total amount of grants to be given each year is the amount set forth in
item (i) (up to the amount set forth in item (ii)) plus any amount that should
have been given in or before the year prior to the relevant year but which has
not yet been given:
(i) the amount equivalent to income and interest from penalties constituting
revenue for the period running from February of the preceding year to
January of the relevant year, less the sum of the amounts set forth in (a)
through (c):
(a) the amount equivalent to the monies refunded under Article 129,
paragraph (4) for the period running from February of the preceding year
to January of the relevant year;
(b) the amount equivalent to monies expended for sending notices of findings
for the period from February of the preceding year to January of the
relevant year;
(c) the amount equivalent to penalties and equivalent payments refunded
due to excessive or erroneous payment for the period from February of the
preceding year to January of the relevant year. and
(ii) the amount equivalent to estimated income from penalties and equivalent
payments constituting revenue from February of the preceding year to
January of the relevant year, plus the amount equivalent to interest arising
from investment of the surplus derived from that income, less the sum of the
amounts set forth in (a) through (c):
(a) the estimated amount of monies refunded pursuant to Article 129,
paragraph (4) for the period from February of the preceding year to
January of the relevant year;
(b) the estimated amount of expenditures for costs to send notices of findings
for the period from February of the preceding year to January of the
relevant year;
(c) the estimated amount of penalties and equivalent payments to be
refunded due to excessive or erroneous payment for the period from
195
February of the preceding year to January of the relevant year;
(2) If there is any amount that could not be granted at one of the times
prescribed in the preceding paragraph, or if there is any amount that was
196
granted in excess of the amount that should have been granted at one of those
times, the amount is to be added to, or deducted from, the amount to be
granted at the next time for the grant.
(1) This Act comes into force within one month of its promulgation, on the date
that Cabinet Order prescribes.
(2) Article 85, paragraph (3) as amended by this Act does not apply to a person
holding an L-MVL at time this Act comes into force.
197
Supplementary Provisions [Act No. 161 of September 15, 1962] [Ext ract]
198
(1) This Act comes into force within three months of its promulgation, on the date
that Cabinet Order prescribes.
(3) Prior laws continue to govern the applicability of penal provisions to conduct
in which a person engages before this Act comes into force.
(1) This Act comes into force on the date after the final day in the three -month
period following its promulgation; provided, however, that if the Convention
has not taken effect in Japan by time this Act comes into force, the provisions
amending the table of contents (but only the part amending Section 6),
provisions amending Article 67, paragraph (1), provisions amending Article 75,
paragraph (1), amending provisions that add item (vii) to Article 88, paragraph
(1), amending provisions that add a Section after Section 6 of Chapter VI,
provisions amending Article 109, provisions amending Article 112 (other than
the part that adds the phrase "or Article 101-2, paragraph (1)"), provisions
amending Article 118, paragraph (1), item (i), provisions amending Article 120,
paragraph (1) (but only the part that adds the phrase "(including as applied
mutatis mutandis pursuant to the second sentence of Article 107-3 (Obligation
to Carry and Present an International Driving Permit))" to item (ix) of that
paragraph and the part amended to read "a license, Foreign Driving Permit, or
International Driving Permit" in item (xv) of that paragraph), and provisions
amending Article 121, paragraph (1), item (x) come into force on the date on
which the Convention takes effect in Japan.
199
special small motor vehicle license, class 1 motorized bicycle license, class 2
motorized bicycle license, or class 2 special large motor vehicle license under
the corresponding provisions of the New Act, based on the categories set forth
in each of the following items:
(i) the test for a special motor vehicle license is deemed to be the test for a
special large motor vehicle license;
(ii) the test for a light motor vehicle license (other than one as set forth in the
following item through item (v)) is deemed to be the tests for a light motor
vehicle license and special small motor vehicle license;
(iii) the test for a light motor vehicle license with which Article 91 of the
Former Act permits a person to drive a type of motor vehicle or motorized
bicycle that limits that person to driving special small motor vehicles and
motorized bicycles under the New Act is deemed to be the tests for a special
small motor vehicle license and class 2 motorized bicycle license;
(iv) the test for a light motor vehicle license with which Article 91 of the
Former Act permits a person to drive a type of motor vehicle or motorized
bicycle that limits that person to driving special small motor vehicles and
class 1 motorized bicycles under the New Act is deemed to be the tests for a
special small motor vehicle license and class 1 motorized bicycle license;
(v) the test for a light motor vehicle license with which Article 91 of the Former
Act permits a person to drive a type of motor vehicle or motorized bicycle
that limits that person to driving special small motor vehicles under the New
Act is deemed to be the test for a special small motor vehicle license; or
(vi) the test for a class 2 special motor vehicle license is deemed to be the test
for a class 2 special large motor vehicle license.
(6) A refusal or withholding of a driver's license that a public safety commission
has effected pursuant to the proviso of Article 90, paragraph (1) of the Former
Act and which is still in effect at the time this Act comes into for ce is deemed
to be a refusal or withholding of the driver's license that a public safety
commission has effected pursuant to the proviso of Article 90, paragraph (1) of
the New Act. Be this as it may, notwithstanding that paragraph, prior laws
continue to govern the period for withholding the license, and this period is to
begin running on the date on which license was first withheld pursuant to the
proviso of Article 90, paragraph (1) of the Former Act.
(7) An application, filing, or other process involving a special motor vehicle
license, light motor vehicle license, or class 2 special motor vehicle license
which has been undertaken with a public safety commission pursuant to the
Former Act or the Former Order as of the time the New Act comes into force is
deemed to be a process undertaken with a public safety commission pursuant
to the corresponding provisions of the New Act, based on the categories
prescribed in the following items:
200
(i) a process involving a special motor vehicle license is deemed to be a process
involving a special large motor vehicle license;
(ii) a process involving a light motor vehicle license is deemed to be processes
involving a light motor vehicle license and special small motor vehicle
license; or
(iii) a process involving a class 2 special motor vehicle license is deemed to be a
process involving a class 2 special large motor vehicle license.
(8) Article 88, paragraph (1), item (v) of the New Act does not apply to a person if,
at the time this Act comes into force, it has been less than one year since a
person has been refused a driver's license pursuant to the proviso of Article 90,
paragraph (1) of the Former Act, or if the person's driver's license is being
withheld pursuant to the proviso of that paragraph.
(9) Article 90, paragraph (3) of the New Act does not apply to a person who has
received a driver's license before this Act comes into force.
(10) Notwithstanding Article 107, paragraph (2) of the New Act, prior laws
continue to govern the submission and storage of the driver's license of a
person whose license comes under a suspension before this Act comes into force.
(11) A hearing or hearing proceedings that a public safety commission has
undertaken pursuant to the Former Act as of the time the New Act comes into
force regarding a matter at issue that involves a special motor vehicle license,
light motor vehicle license, or class 2 special motor vehicle license under the
Former Act is deemed to be a hearing or hearing proceedings that a public
safety commission has undertaken pursuant to the corresponding provisions of
the New Act regarding a matter at issue that involves a special large motor
vehicle license, light motor vehicle license, special small motor vehicle license,
class 1 motorized bicycle license, class 2 motorized bicycle license, or class 2
special large motor vehicle license, based on the categories prescribed in the
following items:
(i) one involving a special motor vehicle license is deemed to involve a special
large motor vehicle license;
(ii) one involving a light motor vehicle license (other than one as set forth in
the following item through item (v)) is deemed to involve a light motor
vehicle license and special small motor vehicle license;
(iii) one involving a light motor vehicle license with which Artic le 91 of the
Former Act permits a person to drive a type of motor vehicle or motorized
bicycle that limits that person to driving special small motor vehicles and
motorized bicycles under the New Act is deemed to involve a special small
motor vehicle license and class 2 motorized bicycle license;
(iv) one involving a light motor vehicle license with which Article 91 of the
Former Act permits a person to drive a type of motor vehicle or motorized
bicycle that limits that person to driving special small motor vehicles and
201
class 1 motorized bicycles under the New Act is deemed to involve a special
small motor vehicle license and class 1 motorized bicycle license;
(v) one involving a light motor vehicle license with which Article 91 of the
Former Act permits a person to drive a type of motor vehicle or motorized
bicycle that limits that person to driving special small motor vehicles under
the New Act is deemed to involve a special small motor vehicle license; or
(vi) one involving a class 2 special motor vehicle license is deemed to involve a
class 2 special large motor vehicle license.
(12) If it is still in effect at the time the New Act comes into force, a revocation,
suspension, or other measure that a public safety commission has taken
pursuant to the Former Act in respect of a special motor vehicle license, light
motor vehicle license, or class 2 special motor vehicle license under the Former
Act is deemed to be a measure that a public safety commission has taken in
respect of a special large motor vehicle license, light motor vehicle license,
special small motor vehicle license, class 1 motorized bicycle license, class 2
motorized bicycle license, or class 2 special large motor vehicle license
pursuant to the corresponding provisions of the New Act, based on the
categories prescribed in the following items. This being the case, any period
that has been fixed for that measure is to begin running on the date that the
measure was first taken pursuant to the Former Act:
(i) a measure in respect of a special motor vehicle license is deemed to have
been taken in respect of a special large motor vehicle license;
(ii) a measure in respect of a light motor vehicle license (other than one as set
forth in the following item through item (v)) is deemed to have been taken in
respect of a light motor vehicle license and special small motor vehicle
license;
(iii) a measure in respect of a light motor vehicle license with which Article 91
of the Former Act permits a person to drive a type of motor vehicle or
motorized bicycle that limits that person to driving special small motor
vehicles and motorized bicycles under the New Act is deemed to have been
taken in respect of a special small motor vehicle license and class 2
motorized bicycle license;
(iv) a measure in respect of a light motor vehicle license with which Article 91
of the Former Act permits a person to drive a type of motor vehicle or
motorized bicycle that limits that person to driving special small motor
vehicles and class 1 motorized bicycles under the New Act is deemed to have
been taken in respect of a special small motor vehicle license and class 1
motorized bicycle license;
(v) a measure in respect of a light motor vehicle license with which Article 91
of the Former Act permits a person to drive a type of motor vehicle or
motorized bicycle that limits that person to driving special small motor
202
vehicles under the New Act is deemed to have been taken in respect of a
special small motor vehicle license; or
(vi) a measure in respect of a class 2 special motor vehicle license is deemed to
have been taken in respect of a class 2 special large motor vehicle license.
(13) To apply the proviso of Article 90, paragraph (1) and paragraph (3), and
Article 103, paragraph (2), item (ii) of the New Act, a person vio lating the
Former Act, an Order based on the Former Act, or a measure based on the
Former Act in driving a motor vehicle or a motorized bicycle is deemed to
violate the corresponding provisions of the New Act or a measure based on
those provisions.
(14) Notwithstanding Article 103, paragraphs (1) and (2) of the New Act, prior
laws continue to govern the revocation or suspension of a driver's license for a
person who, at the time this Act comes into force, falls under Article 88,
paragraph (1), item (ii), (iii), or (iv) of the Former Act or one of the items of
Article 103, paragraph (2) of the Former Act but whose driver's license has not
been placed under a revocation or suspension under paragraph (1) or (2) of that
Article due to the circumstances in question.
(15) Notwithstanding Article 103, paragraph (8) of the New Act, prior laws
continue to govern training courses for persons whose driver's licenses are
under suspension pursuant to the preceding paragraph, and also continue to
govern the shortening of periods of suspension.
(16) Notwithstanding Article 103, paragraph (8) of the New Act, prior laws
continue to govern training courses for persons that have not completed a
training course under Article 103, paragraph (3) of the Former Act at the time
this Act comes into force, and also continue to govern the shortening of periods
for persons for whom the relevant period has not been shortened as under the
second sentence of that paragraph.
(17) Prior laws continue to govern the applicability of penal provisi ons to conduct
in which a person engages before this Act comes into force.
(Effective Date)
Article 1 Article 1 and the Supplementary Provisions of this Act come into force
on the date after the final day in the three-month period following its
promulgation; and Article 2 comes into force on the date after the final day in
the three-year period following that date.
203
following Table under the Road Traffic Act before its amendment under Article
1 (hereinafter referred to as the "Former Act") is deemed to be a driver's
license as set forth in the corresponding right-hand column of that Table under
the Road Traffic Act after its amendment under that Article (hereinafter
referred to as the "New Act").
Driver's license under the Former Act Driver's license under the New Act
Motorized three-wheeled vehicle Standard motor vehicle license
license
Class 1 motorized bicycles license Motorized bicycles license
Class 2 motorized bicycles license Motorcycles license
Class 2 motorized three-wheeled Class 2 standard motor vehicles
motor vehicles license license
Provisional motorized three-wheeled Provisional standard motor vehicles
vehicles license license
(2) A measure or process involving a driver's license as set forth in the left -hand
column of the Table that follows the preceding paragraph that is taken or
undertaken pursuant to the Former Act before the date on which Article 1
comes into force (hereinafter referred to as "effective date") is deemed to be a
measure or process involving a driver's license as set forth in the corresponding
right-hand column of that Table that has been taken or undertaken pursuant
to the corresponding provisions of the New Act.
(Special Rules for Large Motor Vehicle Licenses and Similar Licenses)
Article 3 (1) A person holding a driver's license under the Former Act (other
than a special small motor vehicle license, class 1 motorized bicycle license,
class 2 motorized bicycle license, or provisional driver's license) at the time
Article 1 comes into force (hereinafter referred to as "the time the Revised Act
comes into force"), or a person who has passed a driver's license test for such a
driver's license before the effective date and received the driver's license or the
corresponding driver's license under the New Act after that date is deemed to
have received a motorcycle license under the New Act during the period that
the person held the former driver's license (other than any period during which
it was suspended pursuant to Article 90, paragraph (3) or Article 103,
paragraph (2) or (4) of the Road Traffic Act).
(2) A person holding a special large motor vehicle license, motorcycle license, or
class 2 special large motor vehicle license under the Former Act at the time the
Revised Act comes into force, or a person who has passed a driver's licen se test
for such a driver's license before the effective date and received the driver's
license after that date is deemed to have received a light motor vehicle license
under the New Act during the period that the person held the former driver's
204
license (other than the period during which it was suspended pursuant to
Article 90, paragraph (3) or Article 103, paragraph (2) or (4) of the Road Traffic
Act).
(Interim Provisions for Light Motor Vehicle Licenses and Motorized Three -
Wheeled Vehicle Licenses Three Years After the Effective Date)
Article 5 (1) Once three years have passed since the effective date, a driver's
license as set forth in the left-hand column of the following Table is deemed to
be a driver's license as set forth in the corresponding right-hand column of that
205
Table:
Previous driver's Driver's license under the Road Traffic Act after its
license revision under Article 2 (hereinafter referred to as the
"New Act after three years")
Light motor Standard motor vehicles license
vehicle license
Provisional Provisional driver's license for standard motor vehicles
driver's license
for light motor
vehicles
(2) A measure or process involving a driver's license as set forth in the left -hand
column of the Table that follows the preceding paragraph which is taken or
undertaken pursuant to the provisions in place before the date that comes after
the final day in the three-year period following the effective date is deemed to
be a measure or process involving a driver's license as set forth in the
corresponding right-hand column of the same Table which has been taken or
undertaken pursuant to the corresponding provisions of the New Act after
three years.
(1) For the categories set forth in each of the following items, the provisions of
this Act come into force on the dates set forth therein:
(i) Article 1 provisions amending the table of contents of the Road Traffic Act
(but only the part amending "Article 114"), provisions amending Article 75 -4
of that Act, and amending provisions that add one Article after Article 114 of
that Act: the day of promulgation of this Act;
(ii) Article 1 (other than the amending provisions set forth in the preceding
item; the same applies in the following paragraph through paragraph (5) of
the Supplementary Provisions) and the following paragraph through
paragraph (5) of the Supplementary Provisions: the date after the final day
in the three-month period following the promulgation of this Act;
(iii) Article 2, and paragraphs (6) through (11), and paragraphs (13) and (14) of
the Supplementary Provisions: July 1, 1968; and
(iv) Article 3, and paragraph (12) of the Supplementary Provisions: the
effective date of Article 2 of the Act Partially Amending the Road Traffic Act
206
(Act No. 96 of 1965); (September 1, 1968).
(2) To apply Article 85, paragraph (5) of the Road Traffic Act after its amendment
by Article 1 (hereinafter referred to as the "New Act") a person holding a large
motor vehicle license (hereinafter referred to as an "L-MVL") at the time
Article 1 comes into force, and who has a total of two years of experience in
driving the motor vehicles that a person is permitted to drive with an L -MVL,
standard motor vehicle license, or special large motor vehicle license is deemed
to have a total of three years of experience in driving these motor vehicles.
(3) Notwithstanding Article 85, paragraph (6) and Article 88, paragraph (1), item
(i) of the New Act, prior laws continue to govern the driving of large motor
vehicles and L-MVLs, as regards persons who, at the time Article 1 comes into
force, hold L-MVLs, and as regards persons who have passed a driver's license
test for an L-MVL but have not received an L-MVL as of the time that Article
comes into force.
(4) Article 103-2, paragraph (1) of the New Act does not apply to a person who
has a motor vehicle accident before Article 1 comes into force and who has
come to fall under one of the items of that paragraph.
(5) Prior laws continue to govern the applicability of penal provisions to conduct
in which a person engages before Article 1 comes into force.
(6) Chapter IX of the Road Traffic Act and the Schedule after their amendment
by Article 2 do not apply to conduct in which a person engages before that
Article comes into force.
(7) To apply Chapter IX of the Road Traffic Act and the Schedule after their
amendment by Article 3, a violation involving a light motor vehicle committed
before Article 3 comes into force is deemed to be a violation involving a
standard motor vehicle.
(1) This Act comes into force within three months of its promulgation, on the date
that Cabinet Order prescribes.
(2) Article 51, paragraph (7) of the post-amendment Road Traffic Act (hereinafter
referred to as the "New Act") does not apply to the expenses required for
measures undertaken pursuant to Article 51, paragraph (2) of the pre-
amendment Road Traffic Act (hereinafter referred to as the "Former Act")
before this Act comes into force.
(3) Notwithstanding Article 88, paragraph (1), items (v) and (vi), Article 90,
paragraph (4), and Article 103, paragraph (6) of the New Act, prior laws
continue to govern the period during which a license is not given after a person
has become subject to measures, if that person has had a driver's license as
under the proviso of Article 90, paragraph (1) of the Former Act (hereinafter
207
referred to as a "license") denied or revoked because of circumstances that,
before this Act comes into force, fall under the criteria for denial, the criteria
for revocation of a license under paragraph (3) of that Article, or the criteria
for revocation of a license under Article 103, paragraph (2) or (4) of the Former
Act.
(4) Prior laws continue to govern the period during which a person is prohibited
from driving a motor vehicle or motorized bicycle because of circumstances that,
before this Act comes into force, fall under the criteria for prohibiting a person
from driving a motor vehicle or motorized bicycle as under Article 103,
paragraph (4) of the Former Act as applied mutatis mutandis pursuant to
Article 107-5, paragraph (1) of the Former Act, or paragraph (8) of that Article.
(5) Prior laws continue to govern a provisional suspension or provisional
prohibition under Article 103-2, paragraph (1), item (iii) of the New Act
(including as applied mutatis mutandis pursuant to Article 107-5, paragraph
(9) of the New Act) that has been imposed due to the person's having caused a
motor vehicle accident before this Act comes into force.
(6) Prior laws continue to govern the applicability of penal provisions to conduct
in which a person engages before this Act comes into force.
(7) Notwithstanding Chapter IX of the New Act, prior laws continue to govern
procedures for handling violations committed before this Act co mes into force.
This Act comes into force within six months of its promulgation, on the date
that Cabinet Order prescribes.
(Effective Date)
Article 1 This Act comes into force on July 1, 1971.
208
the provisions set forth in the following items come into force on the dates set
forth therein:
(i) and (ii) omitted
(iii) Articles 24 and 27, and paragraphs (8) through (14), paragraph (19),
paragraphs (21) and (27) of the Supplementary Provisions: the date after the
final day in the six-month period following promulgation.
(Effective Date)
Article 1 This Act comes into force within six months of its promulgation, on the
date that Cabinet Order prescribes; provided, however, that the amending
provisions that add paragraph (7) to Article 74-2, provisions amending Article
97 through 99, amending provisions that add an Article after Article 101 -2, and
the amending provisions that change Article 108 to Article 108-3 and add two
Articles before that Article (but only the part with a bearing on Article 108 -2,
paragraph (1), item (i), and items (iii) and (iv)), and the provisions amending
Article 112 come into force on April 1, 1972.
209
Supplementary Provisions [Act No. 130 of December 31, 1971] [Extract]
(Effective Date)
(1) This Act comes into force on the date of enforcement of the Agreement
between Japan and the United States of America Concerning the Ryukyu
Islands and the Daito Islands.
(1) As regards each of the provisions set forth in the following items, this Act
comes into force on the date set forth in those items:
(i) the provisions amending the table of contents, provisions amending Article
71 (other than parts with a bearing on items (ii) and (iii)), amending
provisions that change Article 71-2 to Article 71-3 and add one Article after
Article 71, provisions amending Article 110, provisions amending Article 120,
paragraph (1), item (ix), provisions amending Article 121, provisions
amending the Schedule (limited to the parts amending the phrases "item (v)
or" and ", item (ix)-2 or item (x)"), and the following paragraph: October 1,
1972;
(ii) the amending provisions that add one paragraph to Article 84, provisions
amending Article 85, paragraph (5), provisions amending Article 87,
provisions amending Article 88, provisions amending Article 90, paragraph
(1), amending provisions that delete Article 92, paragraph (3) and add one
Article after that Article, each of the provisions amending Article 96,
paragraph (1), and paragraphs (2) and (4), amending provisions that add one
Article after that Article, provisions amending Article 97, provisions
amending Article 98, amending provisions that add one Article after that
Article, provisions amending Article 99, paragraph (1), each of the provisions
amending Article 103, paragraphs (1) and (4), amending provisions that add
one Article after Article 106, provisions amending Article 112, paragraph (5),
provisions amending Article 114-2, paragraph (1), amending provisions that
add one item to Article 118, paragraph (1) and paragraph (2), each of the
provisions amending Article 120, paragraph (1), item (xiv), provisions
amending the Schedule (but only the part that amends the phrase "Article
119, paragraph (1), item (i)-2, item (ii), item (ii)-2"), and paragraphs (3)
through (7) and paragraph (9) of the Supplementary Provisions: April 1,
1973; or
(iii) other provisions: the day of promulgation of this Act.
(2) During the period up until March 31, 1973, the phrase "Article 87, paragraph
(3)" in Article 71, item (v)-3 of the Road Traffic Act after its amendment by the
amending provisions set forth in item (i) of the preceding paragraph is deemed
210
to be replaced with "Article 87, paragraph (4)".
(3) A person who, by the time the amending provisions set forth in paragraph (1),
item (ii) of the Supplementary Provisions come into force, has received a
provisional driver's license (hereinafter referred to as a "provisional license")
pursuant to the Road Traffic before its amendment by the amending provisions
(hereinafter referred to as the "Former Act"), is deemed to have received a
provisional large motor vehicle license pursuant to the Road Traffic Act after
its amendment by the amending provisions (hereinafter referred to as the "New
Act") if the type of motor vehicle designated in the provisional license is a large
motor vehicle, and is deemed to have received a provisional standard motor
vehicle license pursuant to the New Act if the type of motor vehicle designated
in the provisional license is a standard motor vehicle.
(4) Notwithstanding the preceding paragraph and the main text of Article 87,
paragraph (5) of the New Act, prior laws continue to govern the valid period of
a provisional license that a person has received pursuant to the Former Act by
the time the amending provisions set forth in paragraph (1), item (ii) of the
Supplementary Provisions come into force.
(5) Notwithstanding Article 92-2 of the New Act, prior laws continue to govern
the valid period of a driver's license (hereinafter referred to as a "license") of a
person who has been licensed to drive (hereinafter referred to as being
"licensed") by the time the amending provisions set forth in paragraph (1), item
(ii) of the Supplementary Provisions come into force. In such a case,
notwithstanding Article 92-2, paragraph (2) or (3) of the New Act, the valid
period for such a person's license the first time it is renewed pursuant to
Article 101, paragraph (2) or Article 101-2, paragraph (3) of the New Act after
the amended provisions come into force is until the person's fourth birthday (if
the person's birthday falls on February 29, the person's birthday is deemed to
fall on February 28) after that person undergoes a fitness screening in
connection with that renewal, pursuant to Article 101, paragraph (1) or Article
101-2, paragraph (2) of the New Act.
(6) Notwithstanding Article 96-2 and Article 97, paragraph (2) of the New Act,
prior laws continue to govern eligibility to take a test for a person who, as of
the time the amending provisions set forth in paragraph (1), item (ii) of the
Supplementary Provisions come into force, has applied for a standard motor
vehicle license (hereinafter referred to as an "S-MVL") pursuant to the Former
Act, and the way of administering a driver's license test for the S-MVL that the
person will take on the point set forth in Article 97, paragraph (1), item (ii) of
the New Act.
(7) A driving school designated as a designated driving school pursuant to the
Former Act at the time the amending provisions set forth in paragraph (1),
item (ii) of the Supplementary Provisions come into force is deemed to have
211
been designated as a designated driving school pursuant to the New Act, and a
person engaged in providing instruction on motor vehicle driving skills or
knowledge, or in giving skills evaluations for motor vehicle driving skills at
such a driving school (other than a person not fulfilling the requirements that
Cabinet Order prescribes based on Article 98, paragraph (1), item (iii) or the
requirements set forth in the items of paragraph (2) of that Article), and who
continues to be engaged in instruction or skills evaluations at that driving
school even after the amending provisions come into force is deemed to have
been appointed as a skills instructor, academic instructor, or skills evaluator of
that driving school pursuant to Article 98, paragraph (1), item (iii) of the New
Act.
(8) Prior laws continue to govern the applicability of penal provisions to conduct
in which a person engages before the provisions amending this Act come into
force.
(9) Chapter IX and the Schedule of the New Act do not apply to conduct violating
Article 24 of the Former Act in which a person engages before the amending
provisions set forth in paragraph (1), item (ii) of the Supplementary Provisions
come into force.
(Effective Date)
(1) This Act comes into force within six months of its promulgation, on the date
that Cabinet Order prescribes.
(1) This Act comes into force on December 1, 1978; provided, however, that the
provisions amending Article 85, provisions amending Article 118, paragraph (1),
item (v), and provisions amending Article 125, paragraph (2), item (i) come into
force on April 1, 1979.
(2) Until March 31, 1979, the phrase "driving large motor vehicles, driving
standard motor vehicles in violation of paragraph (7) of that Article, or driving
motorcycles in violation of paragraph (8) of that Article" in Article 75,
paragraph (1), item (v) of the Road Traffic Act after its amendment
(hereinafter referred to as the "New Act") is deemed to be replaced with
"driving large motor vehicles".
(3) An order for dismissal issued before this Act comes into force pursuant to
Article 74-2, paragraph (3) of the Road Traffic Act before its amendment
(hereinafter referred to as the "Former Act") is deemed to be an order for
dismissal issued pursuant to Article 74-2, paragraph (4) of the New Act.
212
(4) Notwithstanding the main text of Article 87, paragraph (5) of the New Act,
prior laws continue to govern the valid period of a provisional driver's license
that a person has received pursuant to Article 87, paragraph (1) of the Former
Act by time this Act comes into force.
(5) Notwithstanding Article 103-2, paragraph (1), items (ii) and (iii) of the New
Act (including as applied mutatis mutandis pursuant to Article 107 -5,
paragraph (9) of the New Act), prior laws continue to govern the suspens ion of
a driver's license (including a prohibition on a person's driving of a motor
vehicle or motorized bicycle) imposed by the chief of a police station on the
holder of a driver's license (or on a person with an International Driving
Permit) in connection with conduct in which that person has engaged before
this Act comes into force.
(6) Article 108-3 of the New Act does not apply to conduct in which a person
engages before this Act comes into force.
(7) Prior laws continue to govern the applicability of penal provisions to conduct
in which a person engages before this Act (or the amended provisions
prescribed in the proviso of paragraph (1) of the Supplementary Provisions)
comes into force.
(8) Notwithstanding Article 125 of the New Act and the Schedule, prior laws
continue to govern violations committed before this Act (or the amended
provisions prescribed in the proviso of paragraph (1) of the Supplementary
Provisions) comes into force.
(Effective Date)
Article 1 This Act comes into force on the day of its promulgation.
213
that Act" is deemed to be replaced with "Article 16 of the Supplementary
Provisions of the Road Traffic Act"; and the phrase "money refunded, that Act"
is deemed to be replaced with "money refunded, if paragraph (8) of the
Supplementary Provisions of the Amending Act of 1967 before its amendment
by to Article 4 of the Supplementary Provisions of the Amending Act of 1983 is
deemed to remain in force, the amount which is transferred to the revenue in
the general accounting as equivalent to the amount which should have been
deducted in the year of 1983 or 1984 pursuant to that paragraph, the Road
Traffic Act".
(2) During the year 1983 alone, the phrase "March of the preceding year and the
relevant year" in the paragraph for September in the Table in Article 18,
paragraph (1) of the Supplementary Provisions of the Road Traffic Act after its
amendment by Article 3 (hereinafter referred to as the "New Road Traffic Act")
is deemed to be replaced with "the relevant year"; and the phrase "amount that
Cabinet Order prescribes" is deemed to be replaced with "amount that Cabinet
Order prescribes (which, if paragraph (8) of the Supplementary Provisions of
the Act Partially Amending the Road Traffic Act (Act No. 126 of 1967) before
its amendment by to Article 4 of the Supplementary Provisions of the Act
Partially Amending the Local Allocation Tax Act, etc. (Act No. 36 of 1983) is
deemed to remain in force, is equivalent to the sum of the amount that Cabinet
Order prescribes and the amount which should have been transfe rred from the
general account to the revenue in the account for the special grant for traffic
safety measures in the special account for distributing tax allocations and
transferred tax, if there is an amount which should have been added for the
year of 1983 pursuant to that paragraph, and is equivalent to the amount
obtained is deducted from the amount that Cabinet Order prescribes, the
amount transferred from the same account to the revenue in the general
accounting as equivalent to the amount which should have been deducted, if
there is an amount which should have been deducted for the same year
pursuant to that paragraph)".
(3) During the year 1984 alone, the phrase "amount that Cabinet Order
prescribes" in the paragraph for September in the Table in Art icle 18,
paragraph (1) of the Supplementary Provisions of the New Road Traffic Act is
deemed to be replaced with "amount that Cabinet Order prescribes (which, if
paragraph (8) of the Supplementary Provisions of the Act Partially Amending
the Road Traffic Act (Act No. 126 of 1967) before its amendment by to Article 4
of the Supplementary Provisions of the Act Partially Amending the Local
Allocation Tax Act, etc. (Act No. 36 of 1983) is deemed to remain in force, is
equivalent to the sum of the amount that Cabinet Order prescribes and the
amount which should have been transferred from the general account to the
revenue in the account for the special grant for traffic safety measures in the
214
special account for distributing tax allocations and transferred tax, i f there is
an amount which should have been added for the year of 1984 pursuant to that
paragraph, and is equivalent to the amount obtained by deducting, from the
amount that Cabinet Order prescribes, the amount transferred from the same
account to the revenue in the general account as equivalent to the amount
which should have been deducted, if there is an amount which should have
been deducted for the same year pursuant to that paragraph)".
(Effective Date)
Article 1 This Act comes into force on July 1, 1984.
(Transitional Measures)
Article 24 An application, filing, or other process (hereinafter referred to as an
"application or other process") undertaken with the Shipping Commissioner,
Head of a Maritime Administration Department, Head of a Branch Office or
other such person, or the Head of a Land Transport Office before this Act
comes into force is deemed, pursuant to Cabinet Order (or pursuant to Order of
the Ministry of Transport, for applications and other processes undertaken
with the Head of a Branch Office or other such person), to be an application or
other process undertaken with the corresponding Head of a District Land
Transport Office, Head of a Maritime Administration Department, or Head of a
Maritime Transport Branch Office or other such person pursuant to each of the
relevant Acts after their amendment by this Act or pursuant to an Order based
on one of those Acts.
(1) As regards each of the provisions set forth in the following items, this Act
comes into force on the dates provided for therein:
(i) provisions amending the table of contents (but only the part amending
"Articles 128 and 129" to read "Articles 128 to 129-2") and amending
provisions that add one Article after Article 129: the day of promulgation of
this Act;
(ii) provisions amending Articles 51, 62, and 81, and Article 82, paragraph (3),
215
Article 83, paragraph (3), and provisions of the following paragraph and
paragraph (3) of the Supplementary Provisions: the date after the final day
in the 20-day period following the promulgation of this Act;
(iii) amending provisions that add two Articles after Article 71-3 (but only the
part with a bearing on Article 71-4): January 1, 1986;
(iv) provisions amending paragraph (2) of Article 71-3: the date after the final
day in the one-year period following the promulgation of this Act; or
(v) other provisions: within six months of promulgation, on the date that
Cabinet Order prescribes.
(2) Public notice pursuant to the second sentence of Article 51, paragraph (6) of
the Road Traffic Act after its amendment (hereinafter referred to as the "New
Act") is deemed to have been issued on the date as prescribed in that item for a
vehicle that, at the time the amending provisions set forth in item (ii) of the
preceding paragraph come into force, is bei8ng stored pursuant to the second
sentence of Article 51, paragraph (5) of the pre-amendment Road Traffic Act
(hereinafter referred to as the "Former Act"), and for which a public notice has
been issued pursuant to the second sentence of paragraph (6) of that Article .
(3) If, at the time the amending provisions set forth in paragraph (1), item (ii) of
the Supplementary Provisions come into force, there is a load in or on a vehicle
that is being stored pursuant to the second sentence of Article 51, paragraph
(5) of the Former Act, the load is deemed to be one being stored pursuant to the
second sentence of paragraph (5) of that Article as applied mutatis mutandis
pursuant to Article 51, paragraph (17) of the New Act.
(4) Prior laws continue to govern the applicability of penal provisions to conduct
in which a person engages before the provisions amending this Act come into
force.
(5) Notwithstanding Article 125 and the Schedule of the New Act, prior laws
continue to govern violations committed before the provisions amending this
Act come into force.
216
paragraph (8) (including as applied mutatis mutandis pursuant to Article 82,
paragraph (3) and Article 83, paragraph (3) of that Act) of the pre -amendment
Road Traffic Act which are started before this Act comes into force.
(3) Prior laws continue to govern the applicability of penal provisions to conduct
in which a person engages before this Act comes into force.
(4) Notwithstanding Article 125 and the Schedule of the Road Traffic Act after
amendment, prior laws continue to govern conduct in which a person engages
before this Act comes into force.
(Effective Date)
Article 1 This Act comes into force within one year of its promulgation, on the
date that Cabinet Order prescribes.
(Effective Date)
Article 1 This Act comes into force within one year of its p romulgation, on the
date that Cabinet Order prescribes.
(1) This Act comes into force within one year of its promulgation, on the date that
Cabinet Order prescribes.
(2) Articles 100-2, 100-3, and 104-2, Article 108-2, paragraph (1), item (v), and
Article 108-3 of the Road Traffic Act after its amendment apply to a person
who obtains a driver's license after the date on which this Act comes into force
(referred to as "effective date" in the following paragraph).
(3) Article 71-4, Article 108-2, paragraph (1), item (i), paragraph (3) of that
Article, and paragraph (4) of Article 112 of the pre-amendment Road Traffic
Act remain in force with regard to a person who, by the time this Act comes
into force, has obtained a class 1 driver's license pursuant to Article 84,
paragraph (2) of the Road Traffic Act, but who has not held that license for one
year in total (such a total does not include any period during which the
person's license was suspended). In such a case, the conduct prescribed in
Article 71-4 of the pre-amendment Road Traffic Act is not to include conduct in
which a person engages in driving a motor vehicle or motorized bicycle that,
pursuant to Article 85, paragraph (2) of the Road Traffic Act, may be driven by
a person who is permitted to drive a motor vehicle or motorized bicycle of a
category that the Table following Article 85, paragraph (1) of that Act sets
217
forth for a given driver's license that the person obtains after the effective date.
(4) Notwithstanding Article 96-3 of the Road Traffic Act after amendment, prior
laws continue to govern a person's eligibility to take a driver's license test if
the person has an application pending for a driver's license pursuant to Article
89 of the Road Traffic Act at the time this Act comes into force.
(Effective Date)
(1) This Act comes into force within six months of its promulgation, on the date
that Cabinet Order prescribes.
(Transitional Measures)
(2) Article 51-2, paragraphs (12) and (13) of the Road Traffic Act after its
amendment apply to the right to demand charges, fines, and fees pursuant to
paragraph (8) of that Article for a vehicle that a designated organization for
moving and storing vehicles as referred to in paragraph (1) of that Article
moves pursuant to paragraph (8) of that Article after this Act comes into force.
(3) Notwithstanding Article 125 and the Schedule of the Road Traffic Act after
amendment, prior laws continue to govern violations committed before this Act
comes into force.
(Effective Date)
Article 1 This Act comes into force within one year of its promulgation, on the
date that Cabinet Order prescribes.
(Effective Date)
Article 1 This Act comes into force within six months of its promulgation, on the
date that Cabinet Order prescribes.
(Transitional Measures Attending the Partial Revision of the Road Traffic Act)
Article 6 Notwithstanding Article 49-4, paragraphs (1) and (2) of the Road
Traffic Act after its amendment by the preceding Article, prior laws continue to
govern on-street parking spots that are to continue to be governed by prior
laws pursuant to Article 2 of the Supplementary Provisions.
218
(Effective Date)
(1) This Act comes into force within six months of its promulgation, on t he date
that Cabinet Order prescribes; provided, however, that the part with a bearing
on Chapter VII in the provisions amending the table of contents, amending
provisions that change Article 108-14 to Article 108-27, amending provisions
that change Article 108-13 to Article 108-26, amending provisions that add one
Chapter after Chapter VI-2, and provisions amending Article 117-3, item (iii)
come into force on the day of promulgation.
(Transitional Measures)
(2) Notwithstanding Article 90-2 of the Road Traffic Act after its amendment
(hereinafter referred to as the "New Act"), prior laws continue to govern
persons who have passed a driver's license test for motorcycles as of time this
Act comes into force.
(3) A designated driving school that is subject to a designation under Article 98,
paragraph (1) of the pre-amendment Road Traffic Act at the time this Act
comes into force is deemed to have made a filing as under Article 98, paragraph
(2) of the New Act, and to be a designated driving school subject to a
designation under paragraph (1) of Article 99 the New Act.
(4) Paragraph (1), item (ii) of Article 97-2 of the New Act apply to persons whose
licenses have ceased to be valid pursuant to Article 105 of the Road Traffic Act
after the date on which this Act comes into force, and prior laws continue to
govern other persons.
(Effective Date)
Article 1 This Act comes into force within one year of its promulgation, on the
date that Cabinet Order prescribes.
Article 3 (1) Prior laws continue to govern the valid period of a license issued by
the time this Act comes into force, and also governs a license renewed after the
date on which this Act comes into force (hereinafter referred to as the "effective
date"), if the first day of that renewal period, as prescribed in Article 101,
219
paragraph (1) of the Road Traffic Act, falls before the effective date.
(2) For two years after the effective date, the phrase "a person who has held a
license (other than provisional licenses) for at least five years continuously by
the date of renewal or reference date and for a continuous period of at least
five years, and who meets the criteria that Cabinet Order prescribes as a
person with an exemplary record of observing the provisions of this Act, Orders
based on this Act, and measures based on this Act, with respect to the driving
of motor vehicles and motorized bicycles" in Note (i), 2. of the Table of Article
92-2, paragraph (1) of the New Act is deemed to be replaced with "a person who
has held a license (other than a provisional license) for a period longer than the
period that Cabinet Order prescribes and who meets the criteria that Cabinet
Order prescribes as a person with an exemplary record of observing the
provisions of this Act, Orders based on this Act, and measures based on this
Act, with respect to the driving of motor vehicles and motorized bicycles".
Article 4 Conditions attached at time this Act comes into force pursuant to the
second sentence of Article 101, paragraph (2) of the pre-amendment Road
Traffic Act (hereinafter referred to as the "Former Act") (including as applied
mutatis mutandis pursuant to the second sentence of Article 101-2, paragraph
(3), Article 102, paragraph (3), and Article 107-4, paragraph (3) of the Former
Act) are deemed to be conditions attached pursuant to Article 91 of the New
Act or orders issued pursuant to Article 107-4, paragraph (3) of the New Act.
Article 6 (1) If a skills evaluator who, as of the time this Act comes into force,
has been appointed pursuant to Article 99, paragraph (2) of the Former Act at
a driving school deemed, pursuant to the preceding Article, to be subject to a
designation as a designated driving school under Article 99, paragraph (1) of
the New Act (hereinafter referred to as a "driving school designated under the
Former Act") is engaged in the duties of a skills evaluator as prescribed in
Article 99-5, paragraph (1), (4), and (5) of the New Act at the driving school
designated under the Former Act, that skills evaluator is deemed to have been
appointed pursuant to Article 99-2, paragraph (1) of the New Act.
(2) Article 99-2, paragraph (2) of the New Act does not apply to a person who is
deemed, pursuant to the preceding paragraph, to be a skills evaluator
220
appointed under Article 99-2, paragraph (1) of the New Act (hereinafter
referred to as a "skills evaluator appointed under the Former Act" in the
following paragraph), until that person is issued a skills evaluator certificate
pursuant to paragraph (4) of that Article.
(3) Article 99, paragraphs (8) and (9) of the Former Act remain in effect with
regard to a skills evaluator of the Former Act until the end of the period
provided for in the preceding paragraph.
Article 7 (1) If a skills instructor or academic instructor who, as of the time this
Act comes into force, has been appointed pursuant to Article 99, paragraph (1),
item (iii) of the Former Act at a driving school designated under the Former
Act is engaged in the duties of an instructor as prescribed in Article 99 -3,
paragraph (1) of the New Act at that driving school, that skills instructor is
deemed to have been appointed pursuant to Article 99-3, paragraph (1) of the
New Act.
(2) Article 99-3, paragraph (2) of the New Act does not apply to a person who is
deemed, pursuant to the preceding paragraph, to be a skills instructor
appointed under Article 99-3, paragraph (1) of the New Act (hereinafter
referred to in this Article as "person deemed to be a skills instructor"), until
that person is issued a skills instructor certificate pursuant to paragraph (4) of
that Article.
(3) Until the period provided for in the preceding paragraph is over, a person
managing a driving school designated under the Former Act must not allow a
person deemed to be a skills instructor who is not a skills instructor as referred
to in Article 99, paragraph (1), item (iii) of the Former Act at the time this Act
comes into force to provide instruction on driving skills, nor may such a person
allow a person deemed to be a skills instructor who is not an academic
instructor as referred to in that item at time this Act comes into force to
provide instruction on driving knowledge.
(4) Article 99, paragraphs (8) and (9) of the Former Act remain in effect with
regard to a person deemed to be an instructor until the period provided for in
paragraph (2) is over. In such a case, the phrase "skills instructor or academic
instructor" in paragraph (8) of that Article is deemed to be replaced with
"person deemed to be a skills instructor pursuant to Article 7, paragraph (2) of
the Supplementary Provisions of the Act Partially Amending the Road Traffic
Act (Act No. 43 of 1993)" and the phrase "skills instructor or academic
instructor" in paragraph (9) of that Article is deemed to be replaced with
"person deemed to be a skills instructor pursuant to Article 7, paragraph (2) of
the Supplementary Provisions of the Act Partially Amending the Road Traffic
Act".
221
Article 8 (1) To apply Article 99-6, paragraph (1) of the New Act to a driving
school designated under the Former Act, the phrase "this Section" in that
paragraph is deemed to be replaced with "this Section, Article 7, paragraph (3)
of the Supplementary Provisions of the Act Partially Amending the Road
Traffic Act (Act No. 43 of 1993), and Article 99, paragraph (8) of that Act before
its amendment, which is deemed to remain in force pursuant to Article 6,
paragraph (3) and Article 7, paragraph (4) of the Supplementary Provisions of
that Act".
(2) To apply Article 99-7, paragraph (1) of the New Act to a driving school
designated under the Former Act, the phrase "finds that a designated driving
school no longer conforms to any of the criteria set forth in the items of Article
99, paragraph (1)" in that paragraph is deemed to be replaced with "finds that
a designated driving school no longer conforms to any of the criteria set forth
in Article 99, paragraph (1), item (i), (iv), or (v), or finds that a designated
driving school no longer has the employees as prescribed in item (ii) of that
paragraph (including skills evaluators appointed under the Former Act as
referred to in Article 6, paragraph (2) of the Supplementary Provisions of the
Act Partially Amending the Road Traffic Act) or the employees as prescribed in
Article 99, paragraph (1), item (iii) (including persons deemed to be skills
instructors as referred to in Article 7, paragraph (2) of the Supplementary
Provisions of that Act)" and the phrase "to ensure that it conforms to that
criteria" is deemed to be replaced with "to ensure that it conforms to the
criteria set forth in item (i), (iv), or (v) of that paragraph, or to employ those
employees".
(3) To apply Article 99-7, paragraph (2) of the New Act to a driving school
designated under the Former Act, the phrase "this Section" in that paragraph
is deemed to be replaced with "this Section and Article 7, paragraph (3) of the
Supplementary Provisions of the Act Partially Amending the Road Traffic Act".
(4) To apply Article 100, paragraph (1) of the New Act to a driving school
designated under the Former Act, the phrase "Article 99-3, paragraph (3)" in
that paragraph is deemed to be replaced with "Article 99-3, paragraph (3), or
Article 7, paragraph (3) of the Supplementary Provisions of the Act Partially
Amending the Road Traffic Act" and the phrase "an order under the preceding
Article" is deemed to be replaced with "an order under the preceding Article or
an order under Article 99, paragraph (8) of that Act before its amendment,
which is deemed to remain in force pursuant to Article 6, paragraph (3) and
Article 7, paragraph (4) of the Supplementary Provisions of that Act".
Article 9 (1) A person who has completed the instruction in motor vehicle driving
skills and knowledge as prescribed in Article 99, paragraph (5) of the Former
Act is deemed to have completed the instruction in motor vehicle driving skil ls
222
and knowledge as prescribed in Article 99-5, paragraph (1) of the New Act.
(2) A skills evaluation as referred to in Article 99, paragraph (5) of the Former
Act is deemed to be a skills evaluation as referred to in Article 99 -5, paragraph
(1) of the New Act.
(3) A certificate of graduation or a certificate of completion issued pursuant to
Article 99, paragraph (6) of the Former Act is deemed to be a certificate of
graduation or a certificate of completion issued pursuant to Article 99-5,
paragraph (5) of the New Act.
Article 12 Notwithstanding Article 125 and the Schedule of the New Act, prior
laws continue to govern conduct in which a person engages before t his Act
comes into force.
(Effective Date)
Article 1 This Act comes into force on the day Administrative Procedure Act (Act
No. 88 of 1993) comes into force.
223
Article 13 Prior laws continue to govern the applicability of p enal provisions to
conduct in which a person engages before this Act comes into force.
(Effective Date)
Article 1 This Act comes into force within one year and six months of its
promulgation, on the date that Cabinet Order prescribes; provided, however,
that the provisions amending Article 2, paragraph (1) and paragraph (3), item
(i) come into force within six months of promulgation, on the date that Cabinet
Order prescribes.
224
(iii) a license deemed to be a motorcycle license as referred to in the Former
Act pursuant to Article 2, paragraph (1) of the Supplementary Provisions of
the Act Partially Amending the Road Traffic Act (Act No. 96 of 1965;
hereinafter referred to in paragraph (2) of the following Article as the
"Amending Act of 1965") held by a person who does not pass the screening
prescribed in Article 2, paragraph (4) of the Supplementary Provisions of
that Act before its amendment by Article 11 of the Supplementary
Provisions: a standard motorcycle license.
(2) If, as the result of the lifting of a restriction as prescribed in item (ii) of the
preceding paragraph on a motorcycle license as referred to in the For mer Act,
that license is deemed, pursuant to that paragraph, to be a large motorcycle
license, the person in question is deemed to have obtained the large motorcycle
license on the day the person obtained the motorcycle license as referred to in
the Former Act.
Article 3 (1) If it is still in effect at the time this Act comes into force, a
restriction or condition on the driving of a motor vehicle or motorized bicycle
which has been attached to a motorcycle license as referred to in the Former
Act pursuant to Article 91 of the Former Act (other than a restriction as
prescribed in paragraph (1), item (ii) of the preceding Article involving the
distinction between a large motorcycle and a standard motorcycle under Article
3 of the New Act) is deemed to be a restriction or condition on the driving of a
motor vehicle or motorized bicycle attached to a large motorcycle license or
standard motorcycle license pursuant to Article 91 of the New Act.
(2) A driver's license as set forth in paragraph (1), item (iii) of the preceding
Article which is deemed to be a standard motorcycle license pursuant to that
paragraph is deemed to have a restriction attached to it limiting the standard
motorcycles that the person may drive pursuant to Article 91 of the New Act to
those that are equivalent to class 2 motorized bicycles (meaning class 2
motorized bicycles as under Article 3, paragraph (2) of the Road Traffic Act
before its amendment by Article 1 of the Amending Act of 1965).
225
procedures pertaining to a motorcycle license as referred to in the Former Act
made before the amendment of this Act is deemed to have been made as
measures or procedures pertaining to a large motorcycle license or standard
motorcycle license, in accordance with the categories of the driver's license
under Article 2, paragraph (1) of the Supplementary Provisions.
Article 6 A person who has passed a driver's license test for a motorcycle license
as referred to in the Former Act as of the time this Act comes into force but
who has not received a motorcycle license as referred to in the Former Act is
deemed to have passed the driver's license test for a standard motorcycle
license if that person has passed a driver's license test that was conducted
under the premise that the motorcycles as referred to in the Former Act that
the person would be permitted to drive with the motorcycle license as referred
to in the Former Act would be restricted to those that are equivalent to
standard motorcycles, and is deemed to have passed the driver's license test for
a large motorcycle license if that person has passed a driver's license test for a
motorcycle license as referred to in the Former Act other than one conducted
under that premise.
Article 7 To apply Article 88, paragraph (1), item (i) of the New Act to a person
who, at time this Act comes into force, holds a motorcycle license as referred to
in the Former Act that is deemed to be a large motorcycle license pursu ant to
Article 2, paragraph (1) of the Supplementary Provisions, and to a person who
is deemed to have passed the driver's license test for a large motorcycle license
pursuant to the preceding Article, the phrase "18 years of age in the case of S -
MVLs, SL-MVLs, L-ML and licenses for towing" is deemed to be replaced with
"18 years of age in the case of licenses for towing, or under 16 years of age in
the case of large motorcycle licenses".
Article 8 To apply Article 100-2, paragraph (1) of the New Act to a person who,
at time this Act comes into force, holds a motorcycle license as referred to in
the Former Act that is deemed to be a large motorcycle license pursuant to
Article 2, paragraph (1) of the Supplementary Provisions, the phrase
"(hereinafter referred to as a 'vehicle the person is licensed to drive')" in that
paragraph is deemed to be replaced with "with regard to the license which is
deemed to be the large motorcycle license pursuant to Article 2, paragraph (1)
of the Supplementary Provisions of the Act Partially Amending the Road
Traffic Act (Act No. 74 of 1995; hereinafter referred to as the 'Amending Act'),
the large motor vehicles and standard motor vehicles; hereinafter referred to
as a 'vehicle the person is licensed to drive')", and the phrase "including
licenses that Cabinet Order prescribes" in item (ii) of that paragraph is deemed
226
to be replaced with "including licenses that Cabinet Order prescribes, and with
regard to a license that is deemed to be a large motorcycle license pursuant to
Article 2, paragraph (1) of the Supplementary Provisions of the Amending Act,
including a license which is deemed to be a standard motorcycle license
pursuant to that paragraph".
(Effective Date)
(1) This Act comes into force within one year of its promulgation, on the date that
Cabinet Order prescribes.
(Effective Date)
Article 1 This Act comes into force within one year of its promulgation, on the
date that Cabinet Order prescribes; provided, however, that the provisions set
forth in the following items come into force on the dates prescribed therein:
(i) the provisions amending Article 14, provisions amending Article 71,
provisions amending Article 71-5, amending provisions that add one Article
after Article 75-8, provisions amending Article 75-9, provisions amending
Article 85, paragraph (3), provisions amending Article 109-2, provisions
amending Article 119, paragraph (1), item (ix)-2, provisions amending Article
120, paragraph (1), item (iii), provisions amending Article 121, paragraph (1),
item (ix)-3, and provisions of Articles 6 and 7 of the Supplementary
Provisions: within six months of promulgation, on the date that Cabinet
Order prescribes. #(Effective October 30, 1997 under Cabinet Order No. 214
of 1997)#; or
(ii) the provisions amending the table of contents (but only the part amending
the phrase "Article 102"), provisions amending Article 64, provisions
amending Article 75, paragraph (1), provisions amending Article 88,
paragraph (1), item (v), provisions amending Article 90 (other than the part
amending the proviso of paragraph (1) of that Article, the part of the
provisions amending paragraph (4) of that Article that amends the phrase
227
"not exceeding three years", and the part of the provisions amending
paragraph (3) of that Article that amends the phrase "in violation of this Act
or an order under this Act, or of a measure under this Act, in connection with
the driving of motor vehicle or motorized bicycle"), provisions amending
Article 96, paragraph (5) (but only the part amending the phrase "paragraph
(3) of Article 90"), provisions amending Article 96-3, provisions amending
Article 101-3, amending provisions that add one Article after that Article,
provisions amending Article 102, paragraph (1), amending provisions that
add one Article after that Article, provisions amending Article 103,
paragraph (2) (but only the part adding the proviso), provisions amending
paragraph (4) of that Article, provisions amending Article 106 (but only the
part that amends the phrase "paragraph (3) or (4)" and the part that adds
the phrase "or item (xiii)" under "Article 108-2, paragraph (1), item (x)"),
provisions amending Article 107, paragraph (3), amending provisions that
add one Article after Article 107-4, provisions amending Article 107-5,
paragraph (1) (but only the part adding a proviso), provisions amending
paragraph (8) of that Article (other than the part that amends the term
"three years"), provisions amending Article 107-7, paragraph (1), provisions
amending Article 108-2, amending provisions that add one Article after
Article 108-3, provisions amending Article 108-26 (but only the part that
adds the phrase "Article 102-2" under "item (iv) of that paragraph"),
provisions amending Article 112, paragraph (6), provisions amending Article
113-2, and provisions of Article 3 of the Supplementary Provisions: within
one year and six months of the promulgation of this Act, on the date that
Cabinet Order prescribes.
228
Article), Article 103, paragraph (2), items (iii) and (iv) of the New Act,
paragraph (4) of that Article (but only the parts with a bearing on paragraph
(2), items (iii) and (iv) of that Article), and Article 106-2, paragraph (2) of the
New Act (but only the parts with a bearing on Article 103, paragraph (2), items
(iii) and (iv) of the New Act) do not apply to conduct in which a person engages
before the effective date.
(3) Prior laws continue to govern the valid period of a license issued by the time
this Act comes into force, and to govern the valid period of a license that is
renewed after the effective date, if the first day of its renewal period as
prescribed in Article 101, paragraph (1) of the Road Traffic Act falls before the
effective date.
(4) Prior laws continue to govern the period during which a person is prohibited
from driving a motor vehicle or motorized bicycle based on circumstances that,
before the effective date, fall under criteria for prohibiting a person from
driving a motor vehicle or motorized bicycle under Article 107-5, paragraph (1)
of the Former Act, or Article 103, paragraph (4) of the Former Act as applied
mutatis mutandis pursuant to paragraph (8) of that Article.
229
prior to the effective date is deemed to have been issued pursuant to Article
108-31, paragraph (3) of the New Act on the effective date.
(3) Even after this Act comes into force, prior laws continue to govern the
obligation not to divulge confidential information that a former officer or
employee of a Prefectural Road Usage Adjustment Center has come to know in
connection with the research work as prescribed in Article 114-8, paragraph (2),
item (iv) or (v) of the Former Act.
Article 7 Prior laws continue to govern the handling of violations for conduct in
which a person engages before the amending provisions set forth in Article 1,
item (i) of the Supplementary Provisions come into force.
This Act comes into force within one year of its promulgation, on the date that
Cabinet Order prescribes; provided, however, that the provisions amending
Articles 71 and 94, Article 97-2, paragraph (1), item (ii), Article 106, and Article
230
108-2, paragraph (1), the amending provisions that add one Article after Article
108-3-2, the provisions amending Article 110 and Article 112, paragraph (1), the
amending provisions that add one Article after Article 113-3, and the provisions
amending Article 117-3, item (iii), Article 119, paragraph (1), and the Schedule
come into force within six months of promulgation, on the date that Cabinet
Order prescribes.
(Effective Date)
Article 1 This Act comes into force on April 1, 2000; provided, however, that the
provisions set forth in the following items come into force on the dates
prescribed therein:
(i) the amending provisions of Article 1 that add five Articles, a section name,
and two Subsections and subsection names after Article 250 of the Local
Autonomy Act (but only the part with a bearing on Article 250-9, paragraph
(1) of that Act (but only the part regarding obtaining the consent of both
Houses)), provisions of Article 40 amending paragraphs (9) and (10) of the
Supplementary Provisions of the Natural Parks Act (but only the part with a
bearing on paragraph (10) of the Supplementary Provisions of that Act),
provisions of Article 244 (other than the part with a bearing on the
provisions amending Article 14-3 of the Agricultural Improvement Promotion
Act), and provisions of Article 472 (other than the parts with a bearing on
the provisions amending Articles 6, 8, and 17 of the Act on Special Provisions
of the Merger of Municipalities), provisions of Articles 7, 10, 12, and the
proviso of Article 59, Article 60, paragraphs (4) and (5), Articles 73 and 77,
Article 157, paragraphs (4) through (6), Articles 160, 163, 164, and 202 of the
Supplementary Provisions: the day of promulgation.
231
(Transitional Measures for Measures, Applications, and Other Actions)
Article 160 (1) To apply the relevant Acts after their amendment on or after the
effective date of this Act, except for Article 2 of the Supplementary Provisions
through the preceding Article and the provisions on transitional measures in
the relevant Acts after their amendment (including orders thereunder), a
measure or any other such action regarding something such as permission that
is taken, pursuant to one of the relevant Acts before its amendment, before this
Act comes into force (for the provisions set forth in the items of Article 1 of the
Supplementary Provisions, this means before those provisions come into force;
the same applies hereinafter in this Article and Article 163 of the
Supplementary Provisions) (hereinafter referred to in this Article as a
"measure or other such action") or an application or any other such action
regarding something such as permission that is undertaken, pursuant to one of
the relevant Acts before its amendment, by the time this Act comes into force
(hereinafter referred to as an "application or other such action") which involves
an administrative process that will start to be carried out by a different person
on the day on which this Act comes into force, is deemed to be a measure or
other such action or an application or other such action that is taken or
undertaken pursuant to the corresponding provisions of the relevant Act after
its amendment.
(2) Beyond as otherwise provided for in this Act and Cabinet Order based
hereupon, information that, before this Act comes into force, a person must
report to, file with, submit to, or otherwise process with the national
government or a local government entity pursuant to the relevant Acts before
their amendment, but that has not been processed before the date on which
this Act comes into force, is deemed to be information that a person must
report to, file with, submit to, or otherwise process with the national
government or corresponding entity of the local government pursuant to the
corresponding provisions of the relevant Acts after their amendment but that
has not been processed, and the relevant Acts after their amendment by this
Act apply.
232
deemed to continue to answer to a higher administrative agency even after the
effective date, and the Administrative Appeals Act applies. In such a case, the
agency deemed to be the higher administrative agency to which the issuing
agency answers is that to which it answered before the effective date.
(2) In a case as referred to in the preceding paragraph, if the agency that is
deemed to be the higher administrative agency is a local government entity,
the administrative processes to be handled by the entity pursuant to the
Administrative Appeals Act constitute item (i) statutorily entrusted functions
as prescribed in Article 2, paragraph (9), item (i) of the New Local Autonomy
Act.
(Review)
Article 250 As well as reviews being made of item (i) statutorily entrusted
administrative functions as prescribed in Article 2, paragraph (9), item (i) of
the New Local Autonomy Act from the perspective of ensuring, to the greatest
extent possible, that no new functions are created, reviews are also made of the
functions set forth in Appended Table I of the New Local Autonomy Act and
functions provided for by Cabinet Order based on the New Local Autonomy Act
from the perspective of promoting decentralization of authority, and th ese
functions are to be amended as appropriate.
233
examination, in order to enable local governments to perform their
administrative functions and undertakings autonomously and independently.
(Effective Date)
Article 1 This Act (other than Articles 2 and 3) comes into force on January 6,
2001; provided, however that the provisions set forth in the following items
come into force on the dates prescribed therein:
(i) Article 995 (but only the parts with a bearing on the amendment of the
Supplementary Provisions of the Act on the Regulation of Nuclear Source
Material, Nuclear Fuel Material and Reactors), Article 1305, Article 1306,
Article 1324, paragraph (2), Article 1326, paragraph (2), and Article 1344:
the date of promulgation.
(Effective Date)
Article 1 This Act comes into force before March 31, 2002, on the date that
Cabinet Order prescribes.
(Effective Date)
Article 1 This Act comes into force within one year of its promulgation, on the
date that Cabinet Order prescribes; provided, however, that the amend ing
provisions that add one paragraph in Article 85, amending provisions that add
two paragraphs in Article 86, amending provisions that add one paragraph
after Article 87, paragraph (4), and the provisions amending Article 107 -2 (but
only the part that adds the phrase "or drives a standard motor vehicle that is
to be driven by a professional designated driver" after "as a part of passenger
motor carrier services") come into force within three years of promulgation, on
the date that Cabinet Order prescribes.
234
amendment (hereinafter referred to as the "Former Act") for a license as
prescribed in the preceding paragraph falls on or after the date on which this
Act comes into force (hereinafter referred to as the "effective date"), the final
day in the valid period of that license is the last day in the one-month period
following the final day of the valid period that, pursuant to the previous
paragraph, would be governed by prior laws (or the last day in the one -month
period following the issuee's most recent birthday prior to the final day of the
valid period that would be governed by prior laws, if this is not the issuee's
birthday) (if the last day in that one-month period constitutes a day provided
for Article 92-2, paragraph (4) of the Road Traffic Act, the following day).
(3) Notwithstanding Article 92-2 of the New Act, prior laws continue to govern
the valid period of a license which has been issued by the time this Act comes
into force, if the first day of its renewal period as under Article 101, paragraph
(1) of the Former Act falls before the effective date (hereinafter refer red to as a
"specified license") and if it is renewed on or after the effective date
(hereinafter referred to in the following paragraph as a "license renewed as
specified").
(4) Notwithstanding the preceding paragraph, the final day in the valid period of
a license renewed as specified is the last day in the one-month period following
the final day of a valid period that, pursuant to the previous paragraph, would
be governed by prior laws (or the last day in the one-month period following
the issuee's most recent birthday prior to the final day of the valid period that
would be governed by prior laws, if this is not the issuee's birthday) (if the last
day in that one-month period constitutes a day provided for Article 92-2,
paragraph (4) of the Road Traffic Act, the following day).
(5) Notwithstanding Article 101, paragraph (1) of the New Act, if a person seeks
to renew a specified license on or after the effective date, the first day of the
renewal period as prescribed in that paragraph (1) is the first day of the
renewal period as prescribed in Article 101, paragraph (1) of the Former Act.
(6) Article 101-2-2 and Article 112, paragraph (1), item (v)-2 of the New Act do
not apply to a person seeking to renew a specified license on or after the
effective date.
(7) Notwithstanding Article 101-3 and Article 108-2, paragraph (1), item (xi) of
the New Act, prior laws continue to govern the training that a person must
undergo when seeking to renew a specified license on or after the effective date.
(8) Article 101-4 of the New Act apply to a person seeking to renew a license for
which the final day in the renewal period (or the day of filing an application, if
a person is seeking to apply to renew a license pursuant to Article 101 -2,
paragraph (1) of the New Act) is on or after the date after the final day in the
three-month period following the effective date.
235
Article 3 (1) Notwithstanding Article 90-2 of the New Act, prior laws continue to
govern a person who has passed a driver's license test for a class 2 L-MVL or
class 2 S-MVL by the time this Act comes into force.
(2) Notwithstanding Article 96-2 and Article 97, paragraph (2) of the New Act, if
a person has applied for a class 2 L-MVL or class 2 S-MVL pursuant to the
Former Act by the time this Act comes into force, prior laws continue to govern
the person's eligibility to take the driver's license test that the person has
applied to take (other than test eligibility in connection with Article 96,
paragraph (1) of the Former Act) and to govern how the driver's license test
covering the point set forth in Article 97, paragraph (1), item (ii) of the New
Act is administered to that person.
Article 4 To apply Article 97-2, paragraph (1), item (iii) of the New Act to a
person falling under the category of a specified holder of an expired license as
prescribed in Article 97-2, paragraph (1), item (ii) of the Former Act if the
circumstances due to which that person could not take the driver's license
arose prior to the day of promulgation of this Act, the phrase "if it has been
less than one month since the date on which those compelling circumstances
came to an end, but only if it has been less than three years since the
expiration date" is deemed to be replaced with "if it has been less than one
month since the date on which those compelling circumstances came to an end".
Article 5 Article 90, paragraph (1), item (vii), Article 104-2-3, and Article 106-2,
paragraph (2) of the New Act do not apply to a person notified as under Article
102, paragraph (3) or Article 107-4, paragraph (1) of the Road Traffic Act prior
to the effective date.
Article 6 Notwithstanding Article 103-2, paragraph (1) of the New Act (including
as applied mutatis mutandis pursuant to Article 107-5, paragraph (9) of the
New Act), prior laws continue to govern the chief of a police station's
suspension of a licensee's license (including a chief's prohibiting a person from
driving a motor vehicle or motorized bicycle) (including a person with an
International Driving Permit or foreign driver's license) in connection with
conduct that the licensee engages in before the effective date.
Article 7 To apply Article 107-2 of the New Act to a person who, at time this Act
comes into force, holds an International Driving Permit or foreign driver's
license, the phrase "departs from Japan" is deemed to be replaced with
"departs from Japan on or after the effective date of the Act Partially
Amending the Road Traffic Act (Act No. 51 of 2001)".
236
(Transitional Measures for Filings Involving Operations to Provide Drivers
with Specified Traffic Information)
Article 8 To apply Article 109-3, paragraph (1) of the New Act to the operations
of a person that, at the time this Act comes into force, is carrying out
operations that fall under the category of operations to provide drivers with
specified traffic information as referred to in that paragraph, the phrase
"pursuant to Cabinet Office Order" is deemed to be replaced with "pursuant to
Cabinet Office Order, by the final day in the three-month period following the
date on which the Act Partially Amending the Road Traffic Act (Act No. 51 of
2001) comes into force".
(Effective Date)
Article 1 This Act comes into force on the date after the final day in the 20-day
period following its promulgation.
(Effective Date)
Article 1 This Act comes into force within one year of its promulgation, on the
date that Cabinet Order prescribes.
(Effective Date)
Article 1 This Act comes into force on the date of enforcement of the Public
Corporations Act; provided, however, that the provisions set forth in the
following items come into force on the dates prescribed therein:
(i) Section 1 of Chapter I (including Schedules I through IV), and Article 28,
paragraph (2), Article 33, paragraphs (2) and (3), and Article 39 of the
237
Supplementary Provisions: the day of promulgation.
(Effective Date)
Article 1 This Act comes into force once six-months have passed following its
promulgation; provided, however, that the provisions set forth in the following
items come into force on the dates prescribed therein:
(i) Article 2, and Articles 6 through 9 and Article 12 (other than the part that
amends the phrase "Article 47, paragraph (2), Article 49, paragraph (5)" to
"Article 47, paragraphs (3) and (5), Article 48, paragraph (9), Article 49,
paragraph (6)" and the part that adds the phrase "Article 55-3, paragraph
(2)" after "Article 55, paragraph (2)") of the Supplementary Provisions:
within one year of promulgation, on the date that Cabinet Order prescribes.
(Effective Date)
Article 1 For the categories set forth in each of the following items, the
provisions of this Act come into force on the dates set forth therein:
(i) the provisions of in Article 1 amending Article 16, paragraph (2) of the
Supplementary Provisions, amending provisions that delete Articles 19 and
20 of the Supplementary Provisions, amending provisions that change Article
21 of the Supplementary Provisions to Article 19 of the Supplementary
Provisions, provisions amending Article 22 of the Supplementary Provisions,
amending provisions that change that Article to Article 20 of the
Supplementary Provisions, amending provisions that delete Article 23, item
(iii) of the Supplementary Provisions, amending provisions that change that
Article to Article 21, and provisions amending Articles 3 and 25 of the
238
Supplementary Provisions: the day of promulgation; or
(ii) Article 1 (other than the amending provisions set forth in the preceding
item), and Articles 4 and 19 of the Supplementary Provisions: within six
months of promulgation, on the date that Cabinet Order prescribes;
(iii) Article 2 and the following Article, and Articles 23 and 24 of the
Supplementary Provisions: within one year of promulgation, on the date that
Cabinet Order prescribes;
(iv) Article 3, and Articles 5, 16, and 20 through 22 of the Supplementary
Provisions: within two years of promulgation, on the date that Cabinet Order
prescribes;
(v) Article 4, and Articles 6 through 15 and Articles 17 and 18 of the
Supplementary Provisions: within three years of promulgation, on the date
that Cabinet Order prescribes.
(Preparatory Actions)
Article 2 The necessary procedures and other actions involved in registrations as
referred to in Article 51-8, paragraph (1) of the Road Traffic Act after its
amendment under Article 3, in the issuance of parking inspector certificates as
referred to in Article 51-13, paragraph (1) of that Act, and in asking others to
handle checking and confirmation processes may be undertaken even before
Article 3 comes into force.
239
as applied mutatis mutandis pursuant to paragraph (24) of that Article and
Article 75-8, paragraph (2) of that Act), Article 51-3, paragraph (1) of that Act,
or the second sentence of Article 72-2, paragraph (2) of that Act, on the date on
which the provisions set forth in Article 1, item (ii) of the Supplementary
Provisions come into force.
(2) Notwithstanding the preceding paragraph, prior laws continue to govern a
stored vehicle, load, or object for which a public notice under the second
sentence of Article 51, paragraph (10) of the Road Traffic Act before its
amendment by Article 1 (including as applied mutatis mutandis pursuant to
paragraph (21) of that Article, and Article 51-3, paragraph (10), Article 72-2,
paragraph (3), and Article 75-8, paragraph (2) of that Act) has been issued
before the provisions set forth in Article 1, item (ii) of the Supplementary
Provisions come into force.
240
as prescribed in the relevant item, to be a large motor vehicle license as
referred to in Article 84, paragraph (3) of the Road Traffic Act after its
amendment by Article 4 (hereinafter referred to as the "New Act") (hereinafter
referred to as an "L-MVL"), a mid-sized motor vehicle license as referred to in
that paragraph (hereinafter referred to as an "M-MVL"), a standard motor
vehicle license as referred to in that paragraph (hereinafter referred to as an
"S-MVL"), a class 2 large motor vehicle license as referred to in paragraph (4)
of that Article (hereinafter referred to as a "class 2 L-MVL"), a class 2 mid-
sized motor vehicle license as referred to in that paragraph (hereinafter
referred to as a "class 2 M-MVL"), a class 2 standard motor vehicle license as
referred to in that paragraph (hereinafter referred to as a "class 2 S-MVL"), a
provisional large motor vehicle license as referred to in paragraph (5) of that
Article (hereinafter referred to as a "provisional L-MVL"), or a provisional
standard motor vehicle license as referred to in that paragraph (hereinafter
referred to as a "provisional S-MVL"):
(i) an L-MVL as referred to in the Former Act: an L-MVL;
(ii) an S-MVL as referred to in the Former Act other than as set forth in the
following item and in items (ix) through (xi): an M-MVL that limits the mid-
sized motor vehicles as prescribed in Article 3 of the New Act (hereinafter
referred to as a "mid-sized motor vehicle") that a person is permitted to drive
pursuant to Article 91 of the New Act to those that are equivalent to a
standard motor vehicle as referred to in Article 3 of the Former Act
(hereinafter referred to as a "standard motor vehicle as referred to in the
Former Act");
(iii) an S-MVL as referred to in the Former Act that limits the standard motor
vehicles as referred to in the Former Act that a person is permitted to drive
pursuant to Article 91 of the Former Act to those that are equivalent to a
standard motor vehicle as prescribed in Article 3 of the New Act (hereinafter
referred to as a "standard motor vehicle"): an S-MVL that includes an
equivalent limitation on the standard motor vehicles that a person is
permitted to drive pursuant to Article 91 of the New Act;
(iv) a class 2 L-MVL as referred to in the Former Act: a class 2 L-MVL;
(v) a class 2 S-MVL as referred to in the Former Act other than as set forth in
the following item and item (xii): a class 2 M-MVL that limits the mid-sized
motor vehicles that a person is permitted to drive pursuant to Article 91 of
the New Act to those that are equivalent to a standard motor vehicle as
referred to in the Former Act;
(vi) a class 2 S-MVL as referred to in the Former Act that limits the standard
motor vehicles as referred to in the Former Act that a person is permitted to
drive pursuant to Article 91 of the Former Act to those that are equivalent to
a standard motor vehicle: a class 2 S-MVL that includes an equivalent
241
limitation on the standard motor vehicles that a person is permitted to drive
pursuant to Article 91 of the New Act;
(vii) a provisional L-MVL as referred to in the Former Act: a provisional L-
MVL;
(viii) a provisional S-MVL as referred to in the Former Act: a provisional S-
MVL;
(ix) an S-MVL as referred to in the Former Act which, pursuant to Article 3,
paragraph (2) of the Supplementary Provisions of the Former Act, is deemed
to be held by a person as prescribed in that paragraph (but only a person who
did not pass the examination as prescribed in paragraph (3) of that Article),
or an S-MVL as referred to in the Former Act which, pursuant to the first
sentence of Article 5, paragraph (1) of the Supplementary Provisions of the
Former Act, is held by a person as prescribed in the first sentenc e of that
paragraph (but only a person who did not pass the examination as prescribed
in paragraph (2) of that Article): an S-MVL that limits the standard motor
vehicles that a person is permitted to drive pursuant to Article 91 of the New
Act to those that are equivalent to a small four-wheel motor vehicle as
prescribed in the Order for Enforcement of the Road Traffic Control Act
(Cabinet Order No. 261 of 1953) before its repeal under Article 2 of the
Supplementary Provisions of the Former Act;
(x) an S-MVL as referred to in the Former Act that limits the standard motor
vehicles that a person is permitted to drive pursuant to Article 2, paragraph
(3) of the Supplementary Provisions of the Act Partially Amending the Road
Traffic Act (Act No. 96 of 1965; hereinafter referred to in this Article and
Article 15 of the Supplementary Provisions as the "Amending Act of 1965") to
motorized three-wheeled vehicles as under the Road Traffic Act before its
amendment by the Amending Act of 1965: an S-MVL that limits the standard
motor vehicles that a person is permitted to drive pursuant to Article 91 of
the New Act to motorized three-wheeled vehicles and light motor vehicles as
under the Road Traffic Act before its amendment by the Amending Act of
1965;
(xi) an S-MVL as referred to in the Former Act that limits the standard motor
vehicles that a person is permitted to drive pursuant to Article 5, paragraph
(3) of the Supplementary Provisions of the Amending Act of 1965 to light
motor vehicles as under the Road Traffic Act before its amendment by the
Amending Act of 1965: an S-MVL that limits the standard motor vehicles
that a person is permitted to drive pursuant to Article 91 of the New Act to
light motor vehicles as under the Road Traffic Act before its amendment by
the Amending Act of 1965; or
(xii) a class 2 S-MVL as referred to in the Former Act that limits the standard
motor vehicles that a person is permitted to drive pursuant to Article 2,
242
paragraph (3) of the Supplementary Provisions of the Amending Act of 1965
to motorized three-wheeled vehicles as under the Road Traffic Act before its
amendment by the Amending Act of 1965: a class 2 S-MVL that limits the
standard motor vehicles that a person is permitted to drive pursuant to
Article 91 of the New Act to motorized three-wheeled vehicles and light
motor vehicles as under the Road Traffic Act before its amendment by the
Amending Act of 1965.
Article 7 An application for a driver's license as set forth in one of the following
items that is pending at the time Article 4 comes into force is deemed to be an
application for the driver's license that the relevant item prescribes:
(i) an L-MVL as referred to in the Former Act: an L-MVL;
(ii) an S-MVL as referred to in the Former Act: an S-MVL;
(iii) a class 2 L-MVL as referred to in the Former Act: a class 2 L-MVL;
(iv) a class 2 S-MVL as referred to in the Former Act: a class 2 S-MVL;
(v) a provisional L-MVL as referred to in the Former Act: a provisional L-MVL;
or
(vi) a provisional S-MVL as referred to in the Former Act: a provisional S-MVL.
Article 9 To apply Article 71-5, paragraph (1) and Article 85, paragraph (7) of
the New Act, person who, at the time Article 4 comes into force, holds an S -
MVL as referred to in the Former Act which is deemed to be an M-MVL
pursuant to Article 6 of the Supplementary Provisions, or a person who, at the
time Article 4 comes into force, holds an M-MVL and is deemed to have passed
a driver's license test for an M-MVL pursuant to the following Article is
deemed to be person holding an S-MVL.
Article 10 A person who, at the time Article 4 comes into force, has passed a
driver's license test for an L-MVL as referred to in the Former Act, S-MVL as
referred to in the Former Act, class 2 L-MVL as referred to in the Former Act,
class 2 standard motor vehicle as referred to in the Former Act, provisional L -
MVL as referred to in the Former Act, or provisional S-MVL as referred to in
243
the Former Act but has not received a driver's license under the Former Act is
deemed to have passed the driver's license test for a driver's license as
prescribed in Article 6, items (i) through (viii) of the Supplementary Provisions,
based on the categories set forth in those items.
Article 11 (1) To apply Article 88, paragraph (1), item (i) and Article 96,
paragraph (2) of the New Act to a person holding an L-MVL as referred to in
the Former Act, which is deemed to be an L-MVL pursuant to Article 6 of the
Supplementary Provisions, or to a person who is deemed to have passed a
driver's license test for an L-MVL pursuant to the preceding Article, the phrase
"21 years of age" in Article 88, paragraph (1), item (i) of the New Act is deemed
to be replaced with "20 years of age", and the phrase "three years" in Article 96,
paragraph (2) of the New Act is deemed to be replaced with "two years".
(2) To apply Article 88, paragraph (1), item (i) of the New Act to a person holding
an S-MVL as referred to in the Former Act which is deemed to be an M -MVL
pursuant to Article 6 of the Supplementary Provisions, or to a person who is
deemed to have passed a driver's license test for an M-MVL pursuant to the
preceding Article, the phrase "a person under 20 years of age (or under 19
years of age, for persons that Cabinet Order prescribes) is not granted an M-
MVL; a person under 18 years of age is not granted an SM-MVL" is deemed to
be replaced with "a person under 18 years of age is not granted an M-MVL,
SM-MVL".
(3) Article 96, paragraph (3) of the New Act does not apply to a person as
prescribed in the preceding paragraph.
(4) To apply Article 88, paragraph (2) of the New Act to a person holding a
provisional L-MVL as referred to in the Former Act, which is deemed to be a
provisional L-MVL pursuant to Article 6 of the Supplementary Provisions, or to
a person who is deemed to have passed a driver's license test for an L-MVL
pursuant to the preceding Article, the phrase "21 years of age" in that
paragraph is deemed to be replaced with "20 years of age".
Article 12 (1) Notwithstanding Article 90-2 of the New Act, prior laws continue
to govern a person who is deemed to have passed a driver's license test for an
L-MVL pursuant to Article 10 of the Supplementary Provisions.
(2) To apply Article 90-2 of the New Act, a person who is deemed to have passed a
driver's license test for an M-MVL pursuant to Article 10 of the Supplementary
Provisions is deemed to be a person seeking to obtain an S-MVL.
(3) To apply Article 90-2 of the New Act, a person who is deemed to have passed a
driver's license test for a class 2 M-MVL pursuant to Article 10 of the
Supplementary Provisions is deemed to be a person seeking to hold a class 2 S -
MVL.
244
Article 13 Notwithstanding Article 96-2 and Article 97, paragraph (2) of the New
Act, prior laws continue to govern a person filing an application for an L-MVL
as referred to in the Former Act which is deemed, pursuant to Article 7 of the
Supplementary Provisions, to be an application for an L-MVL.
Article 14 To apply Article 100-2, paragraph (1) of the New Act to a person
holding an S-MVL as referred to in the Former Act which is deemed, pursuant
to Article 6 of the Supplementary Provisions, to be an M-MVL, or to a person
holding an M-MVL who is deemed to have passed a driver's license test for an
M-MVL pursuant to Article 10 of the Supplementary Provisions, the term "S -
MVL" in that paragraph is deemed to be replaced with "M-MVL, S-MVL", and
the phrase "hereinafter referred to as a 'vehicle the person is licensed to
drive')" is deemed to be replaced with "for an S-MVL, a standard motor vehicle
under the Road Traffic Act before its amendment by Article 4 of the Act
Partially Amending the Road Traffic Act (Act No. 90 of 2004) (hereinafter
referred to as a 'vehicle the person is licensed to drive')", and the phrase "the
same type of license" in item (ii) of that paragraph is deemed to be replaced
with "an S-MVL as prescribed in that Act"; and the phrase "obtained the
license in question" in item (iii) of that paragraph is deemed to be replaced
with "obtained the license in question, or a person for whom the limits
prescribed in Article 6, item (ii) of the Supplementary Provisions of the Act
Partially Amending the Road Traffic Act have been lifted".
245
Supplementary Provisions [Act No. 112 of June 18, 2004] [Extract]
(Effective Date)
Article 1 This Act comes into force within three months of its promulgation, on
the date that Cabinet Order prescribes.
(Effective Date)
Article 1 This Act comes into force on the date on which the Agreement
Amending the Agreement Between the Government of Japan and the
Government of the United States of America Concerning Reciprocal Provision
of Logistic Support, Supplies and Services Between the Self-Defense Forces of
Japan and the Armed Forces of the United States of America comes into force;
provided, however, that Article 13, Article 14, paragraph (1), item (ii), and
Articles 15 and 17, and Article 4 of the Supplementary Provisions come into
force within three months of promulgation, on the date that Cabinet Order
prescribes.
(Effective Date)
Article 1 This Act comes into force on April 1, 2006; provided, however, that the
provisions set forth in the following items come into force on the dates
prescribed therein:
(i) Articles 1, 5, 8, 11, 13, and 15 of this Act, and Articles 4, 15, and 22, Article
23, paragraph (2), and Articles 32, 39, and 56 of the Supplementary
Provisions: the day of promulgation.
246
transitional measures for penal provisions).
(Effective Date)
Article 1 This Act comes into force on the date of enforcement of the Postal
Service Privatization Act.
247
(Effective Date)
Article 1 This Act comes into force within 10 months of its promulgation, on the
date that Cabinet Order prescribes.
This Act comes into force on the day on which the Act on General Incorporated
Associations and General Incorporated Foundations comes into force.
(Effective Date)
Article 1 This Act comes into force within three months of its promulgation, on
the date that Cabinet Order prescribes.
(Effective Date)
Article 1 This Act comes into force on the date after the final day in the 20 -day
period following its promulgation.
248
Punishment for When a Motor Vehicle Is Driven in a Way That Results in a
Death or Injury, continue to be governed by prior laws), an offense as referred
to in Article 211, paragraph (1) of the Penal Code before its amendment under
the Act Partially Amending the Penal Code (Act No. 54 of 2007) (including any
provisions that, pursuant to Article 2 of the Supplementary Provisions of the
Act Partially Amending the Penal Code, continue to be governed by prior laws)".
(Effective Date)
Article 1 This Act comes into force within three months of its promulgation, on
the date that Cabinet Order prescribes; provided, however, that the provisions
set forth in the following items come into force on the dates prescribed therein:
(i) provisions amending the table of contents, provisions amending Article 10,
provisions amending Article 15, provisions amending Article 51 (other than
the part that amends the phrase "Article 49, paragraph (2)" in paragraph (1)
of that Article to read "Article 49, paragraph (1)"), amending provisions that
add one Article after Article 51-2, provisions amending Article 51-3,
provisions amending Article 51-12, paragraph (7), provisions amending
Article 63-4, amending provisions that add one Article after Article 63-9,
provisions amending Article 71, item (v)-4, provisions amending Article 71-3,
provisions amending Article 71-5, amending provisions that add one Article
after that Article, provisions amending Article 72-2, paragraph (3),
provisions amending Article 74-3, paragraph (1), provisions amending Article
75-8, paragraph (2), provisions amending Article 108-4, paragraph (3), item
(i), provisions amending Article 108-26, provisions amending Article 108-29,
paragraph (2), provisions amending Article 108-32, paragraph (2), item (vi),
provisions amending Article 110-2, paragraph (3), provisions amending
Article 113-3, provisions amending Article 117-4, item (i) (but only the part
that amends the phrase "Article 51-12" in that item to read "Article 51-3
(Asking Others to Handle Administrative Processes Involved in Moving and
Storing Vehicles), paragraph (2), Article 51-12"), provisions amending Article
117-5, item (iii) (but only the part that deletes the phrase "Article 51-3
(Designated Organization for Moving and Storing Vehicles), paragraph (4)"),
provisions amending Article 121, paragraph (1), item (ix)-3, and the following
Article and Articles 3 and 11 of the Supplementary Provisions: within one
year of promulgation, on the date that Cabinet Order prescribes; #(Effe ctive
June 1, 2008 under Cabinet Order No. 148 of 2008)#; or
(ii) the provisions amending Article 64, provisions amending Article 75,
paragraph (1), item (i), provisions amending Article 88, paragraph (1),
provisions amending Article 90, provisions amending Article 96, paragraph
249
(6), provisions amending Article 96-3, provisions amending Article 97-2,
paragraph (1), provisions amending Article 101-3, paragraph (1), provisions
amending Article 101-4, provisions amending Article 102, provisions
amending Article 103, provisions amending Article 103-2 (other than the part
with a bearing on paragraph (1) of that Article), provisions amending Article
104, provisions amending Article 104-2, provisions amending Article 104-2-3,
provisions amending Article 104-3, paragraph (1), provisions amending
Article 106, provisions amending Article 106-2, provisions amending Article
107, paragraph (3), provisions amending Article 107-5, provisions amending
Article 107-6, provisions amending Article 107-7, paragraph (1), provisions
amending the Supplementary Note of Article 108, provisions amending
Article 108-2, provisions amending Article 112, paragraph (1), provisions
amending Article 113-2, provisions amending Article 117-4, item (i) (other
than the part that amends the phrase "Article 51-12" in that item to read
"Article 51-3 (Asking Others to Handle Administrative Processes Involved in
Moving and Storing Vehicles), paragraph (2), Article 51-12"), provisions
amending Article 117-5, item (iii) (but only the part that deletes the phrase
"Article 108 (Asking Others to Handle Administrative Processes Involved in
Licensing), paragraph (2)"), provisions amending Article 121, paragraph (1),
item (ix), and Articles 4 through 6 and Article 10 of the Supplementary
Provisions: within two years of promulgation, on the date that Cabinet Order
prescribes.
250
Vehicles)
Article 3 (1) Prior laws continue to govern administrative processes for moving
and storing vehicles as prescribed in Article 51-3, paragraph (1) of the Former
Act (hereinafter simply referred to as "administrative processes for moving and
storing vehicles" in this Article) in connection with vehicles or loads (or the
proceeds of a sale, when these are sold pursuant to Article 51, paragraph (11)
of the Former Act which is applied mutatis mutandis pursuant to Article 51-3,
paragraph (10) of the Former Act (including as applied mutatis mutandis
pursuant to paragraph (21) of that Article)) that a designated organization for
moving and storing vehicles as prescribed in Article 51-3, paragraph (1) of the
Former Act (hereinafter referred to as a "designated organization for moving
and storing vehicles" in this Article) is storing pursuant to that paragraph at
the time the provisions set forth in Article 1, item (i) of the Supplementary
Provisions come into force.
(2) Beyond as prescribed in the preceding paragraph, prior laws continue to
govern extinctive prescription as regards paying, demanding, collecting, and
taking measures to collect arrears of charges, fines, or fees as prescribed in
Article 51-3, paragraph (8) of the Former Act in connection with administrative
processes for moving and storing vehicles undertaken by a designated
organization for moving and storing vehicles before the provisions set forth in
Article 1, item (i) of the Supplementary Provisions come into force, and also
continue to govern the right to demand such charges, fines, or fees
(3) Beyond as prescribed in paragraph (1), prior laws continue to govern requests
for review under the Administrative Appeal Act (Act No. 160 of 196 2) in
connection with measures involved in administrative processes for moving and
storing vehicles taken a designated organization for moving and storing
vehicles before the provisions set forth in Article 1, item (i) of the
Supplementary Provisions come into force.
(4) Even after Article 1, item (i) of the Supplementary Provisions comes into force,
prior laws continue to govern the obligation of a former officer or employee of a
designated organization for moving and storing vehicles not to divulge
confidential information learned in connection with administrative processes
for moving and storing vehicles (this includes obligations that prior laws are to
continue to govern pursuant to paragraphs (1) and (2)).
251
withholding of a license under the proviso of Article 90, paragraph (1) of the
Former Act, the criteria for revocation or suspension of a license under
paragraph (4) of that Article, or the criteria for revocation or suspension of a
license under Article 103, paragraph (1) or (3) of the Former Act.
(2) Prior laws continue to govern the designation of a period during whi ch it is
not permissible for a person subject to the denial or withholding of a license
that prior laws continue to govern pursuant to the preceding paragraph, to
hold a license.
(3) Prior laws continue to govern the period during which a person is prohibi ted
from driving a motor vehicle or motorized bicycle based on circumstances that,
before the item (ii) effective date, fall under criteria for prohibiting a person
from driving a motor vehicle or motorized bicycle under Article 103, paragraph
(3) of the Former Act as applied mutatis mutandis pursuant to Article 107 -5,
paragraph (1) of the Former Act or paragraph (8) of that Article.
Article 5 (1) Article 97-2, paragraph (1), item (iii), (a) of the New Act applies to a
person whose license expires on or after the day after that which follows the
final day in the six-month period following the item (ii) effective date.
(2) Article 101-4, paragraph (2) of the New Act apply to a person seeking to apply
for a license renewal if the final day in the renewal period as referred to in
Article 101, paragraph (1) of the New Act (or the day of the application, if a
person is seeking to apply to renew a license under Article 101-2, paragraph (1)
of the New Act) falls on or after the day after the final day in the six-month
period following the item (ii) effective date.
Article 6 A person notified pursuant to Article 102, paragraph (3) of the Former
Act is deemed to be a person notified pursuant to Article 102, paragraph (6) of
the New Act.
252
transitional measures to bring this Act into force (including transitional
measures for penal provisions).
(Effective Date)
Article 1 This Act comes into force within one year of its promulgation, on the
date that Cabinet Order prescribes; provided, however, that the provisions set
forth in the following items come into force on the dates prescribed therein:
(i) the amending provisions that add one Article to the Supplementary
Provisions, and provisions of the following Article through Article 4 of the
Supplementary Provisions and provisions of Article 5 of the Supplementary
Provisions (but only the part with a bearing on the provisions amending the
section for Article 74-3, paragraph (1) in the Table referred to in Article 19,
paragraph (1) of the Act on Regulation of Professional Designated Driving
Services (Act No. 57 of 2001)): the day of promulgation; and
(ii) provisions amending the Supplementary Note to Article 26, provisions
amending Article 108-29, paragraph (2), amending provisions that add one
item after Article 119, paragraph (1), item (i)-3, and provisions amending
Article 120, paragraph (1), item (ii): within six months of promulgation, on
the date that Cabinet Order prescribes.
253
Supplementary Provisions [Act No. 79 of July 15, 2009] [Extract]
(Effective Date)
Article 1 This Act comes into force within three years of its promulgation, on the
date that Cabinet Order prescribes.
(Effective Date)
Article 1 This Act comes into force on April 1, 2014; provided, however, that the
provisions set forth in the following items come into force on the dates
prescribed therein:
(i) Article 2 (but only the provisions amending the table of contents of the Act
on Social Welfare for the Elderly, amending provisions that delete Chapter
IV-2 of that Act, amending provisions that rename Chapter IV-3 as Chapter
IV-2 of that Act and provisions amending Article 40, item (i) of that Act (but
only the part deleting "Article 28-12, paragraph (i) or"), Article 4, Article 6,
and Article 7, as well as Article 9, Article 11, Article 15, Articl e 22, Article 41,
and Article 47 of the Supplementary Provisions, (but only the provisions
amending the proviso of Article 1, Supplementary Provisions of the Act on
Special Fiscal Aid and Subsidies for Recovery from the Great East Japan
Earthquake (Act No. 40 of 2011), amending provisions that delete the items
of that Article, and the provisions amending Article 14 of Supplementary
Provisions) and Article 50 through Article 52: the date of promulgation;
(Effective Date)
Article 1 This Act comes into force on the date after the final day in the 20 -day
period following its promulgation.
254
Supplementary Provisions [Act No. 67 of August 22, 2012] [Extract]
This Act comes into force on the date on which the Act on Child and Childcare
Support comes into force; provided, however, that the provisions set forth in the
following items come into force on the dates prescribed therein:
(i) Article 25 and Article 73: the date of promulgation;
(Effective Date)
Article 1 This Act comes into force within one year of its promulgation, on the
date that Cabinet Order prescribes; provided, however, that the provisions set
forth in the following items come into force on the dates prescribed therein:
(i) Article 1, and Articles 6 through 8 of the Supplementary Provisions: within
six months of promulgation, on the date that Cabinet Order prescribes;
(ii) the provisions in Article 2 amending the table of contents (but only the part
amending "Article 37" to read "Article 37-2"), provisions amending Article 4,
paragraph (3), provisions amending Article 20, paragraph (3), amending
provisions that add one Article after Article 35, amending provisions that
add one Article after Article 37 of Chapter III, Section 6, provisions
amending Article 53, provisions amending Article 63-7, paragraph (1),
provisions amending Article 110-2, paragraph (3), provisions amending
Article 119, paragraph (1), item (ii)-2, provisions amending Article 120,
paragraph (1), item (viii), and provisions amending Article 121, paragraph
(1), item (v): within one year and six months of promulgation, on the date
that Cabinet Order prescribes; #(Effective September 1, 2014 under Cabinet
Order No. 62 of 2014)#; and
(iii) the provisions in Article 2 amending the Table referred to in Article 92 -2,
paragraph (1) (other than the part in Note 1 amending the Table to replace
"Article 101, paragraph (5)" with "Article 101, paragraph (6)", "Article 101-2,
paragraph (3)" with "Article 101-2, paragraph (4)", and "paragraph (2) of that
Article" with "paragraph (3) of that Article", and the part with a bearing on
Note 1-5 of that Table), provisions amending Article 106 (but only the part
adding the phrase "notification under Article 102, paragraph (6)" after
"update"), provisions amending Article 107-6, amending provisions that add
one item in Article 108-2, paragraph (1), provisions amending paragraph (3)
of that Article, amending provisions that add two Articles after Article 108-3-
3, and amending provisions that add one item to Article 120, paragraph (1),
as well as provisions of the following Article and Article 4 and Article 5 of the
Supplementary Provisions: within two year of promulgation, on the date that
Cabinet Order prescribes.
255
(Transitional Measures for Licenses)
Article 2 Notwithstanding Article 92-2, paragraph (1) of the Road Traffic Act
after its amendment by Article 2 (hereinafter referred to as the "New Act"),
prior laws continue to govern the valid period of a license that has been issued
as of the time paragraph (3) of the preceding Article comes into force.
Article 3 Article 96-3, paragraph (2), of the New Act does not apply to a person
who has applied for a driver's license pursuant to Article 89, paragraph 1) of
the Road Traffic Act before its amendment by Article 2, as of time this Act
comes into force.
(Effective Date)
Article 1 This Act comes into force on the day of promulgation.
256
Article 11 Beyond as prescribed in the Supplementary Provisions, Cabinet Order
provides for the necessary transitional measures to bring this Act into force
(including transitional measures for penal provisions).
(Effective Date)
Article 1 This Act comes into force on the date of its promulgation; provided,
however, that the provisions set forth in the following items come into force on
the dates prescribed therein:
(i) omitted;
(ii) Article 3, and Article 4 through Article 6 of Supplementary Provisions:
within one year of promulgation, on the date that Cabinet Order prescribes.
(Effective Date)
Article 1 This Act comes into force on April 1, 2014, and the Act on Special
Accounts after its amendment by this Act (hereinafter referred to as the "New
Act on Special Accounts") applies to the budget beginning in 2014.
(Transitional Measures Attending the Partial Revision of the Road Traffic Act)
Article 26 In connection with special grants for traffic safety measures in the
year 2014 only, the phrase "(up to the amount set forth in item (ii)) plus any
amount that should have been given in or before the year prior to the relevant
year but which has not yet been given" in Article 16, paragraph (3) of the
Supplementary Provisions of the Road Traffic Act after its amendment under
the preceding Article is deemed to be replaced with "(up to the amount set
forth in item (ii))" and "February" in the same paragraph is deemed to be
replaced with "March"; the phrase "amount equivalent to income and interest
from penalties constituting revenues for the period running from February of
the preceding year to July of the relevant year, plus any amount that should
have been given in or before the year prior to the relevant year but which has
not yet been given" in the paragraph for September in the Table referred to in
Article 18, paragraph (1) of the Supplementary Provisions of that Act is
deemed to be replaced with "amount equivalent to income and interest from
penalties constituting revenues for the period running from March to Ju ly of
the relevant year", and the phrase "plus any amount that should have been
given in or before the year prior to the relevant year but which has not yet
been given" is deemed to be deleted.
257
Supplementary Provisions [Act No. 86 of November 27, 2013] [Extract]
(Effective Date)
Article 1 This Act comes into force within six months of its promulgation, on the
date that Cabinet Order prescribes.
Article 17 (1) Prior laws continue to govern the denial, withholding, revocation,
or suspension of a driver's license under the proviso of Article 90, paragraph
(1), (2), (5), or (6) of the Road Traffic Act after its amendment, under Article
103, paragraph (1), (2), or (4), under Article 107-5, paragraph (1) or (2), or
under paragraph (9) of that Article as applied mutatis mutandis pur suant to
Article 103, paragraph (4), based on conduct in which a person engages before
the date on which this Act comes into force.
(2) To apply Article 99-2, paragraph (4), item (ii), (d) and Article 108-4,
paragraph (3), item (iii) of the Road Traffic Act after its amendment under
Article 6 of the Supplementary Provisions to a person committing a crime
(other than one provided for in Article 5, Supplementary Provisions of the Act
Partially Amending the Penal Code after its amendment by Article 7 of the
Supplementary Provision) as referred to in Article 208-2 or Article 211,
paragraph (2) prior to the amendment of this Act under Article 2 of the
Supplementary Provisions in relation to the driving of a motor vehicle as
prescribed in Article 84, paragraph (1) of the Road Traffic Act before this Act
comes into force (including when prior laws are to continue to govern pursuant
to Article 14 of the Supplementary Provisions), the phrase "as referred to in
Article 2 through Article 6 of the Act on Punishment for When a Motor Vehicle
Is Driven in a Way That Results in a Death or Injury" in these provisions is
deemed to be replaced with "as referred to in Article 2 through Article 6 of the
Act on Punishment for When a Motor Vehicle Is Driven in a Way That Results
in a Death or Injury, an offense as referred to in Article 208-2 of the Penal
Code before its amendment by to Article 2, Supplementary Provisions of the
Road Traffic Act or Article 211, paragraph (2) of the Penal Code (including any
provisions that, pursuant to Article 14, Supplementary Provisions of the Act on
Punishment for When a Motor Vehicle Is Driven in a Way That Results in a
Death or Injury, continue to be governed by prior laws)"
258
(Effective Date)
Article 1 This Act comes into force on the day on which the Administrative
Appeals Act (Act No. 68 of 2014) comes into force.
259
are to continue to govern that conduct pursuant to Article 5 of the
Supplementary Provisions and the two preceding Articles.
(Effective Date)
Article 1 This Act comes into force on the day of its promulgation.
(Effective Date)
Article 1 This Act comes into force within two years of its promulgation, on the
date that Cabinet Order prescribes; provided, however, that the provisions
amending Article 103-2, paragraph (1) and Article 10 and Article 14 through
Article 16 of the Supplementary Provisions come into force on the day of
promulgation.
260
its amendment under this Act (hereinafter referred to as the "New Act")
(hereinafter referred to as an "M-MVL"), a semi-mid-sized motor vehicle license
as referred to in that paragraph (hereinafter referred to as an "S M-MVL"), a
standard motor vehicle license as referred to in that paragraph (hereinafter
referred to as an "S-MVL"), a class 2 mid-sized motor vehicle license as
referred to in paragraph (4) of that Article (hereinafter referred to as a "class 2
M-MVL"), a class 2 standard motor vehicle license as referred to in that
paragraph (hereinafter referred to as a "class 2 S-MVL"), a provisional mid-
sized motor vehicle license referred to in paragraph (5) of that Article
(hereinafter referred to as a "provisional M-MVL"), or a provisional standard
motor vehicle license as referred to in that paragraph (hereinafter referred to
as a "provisional S-MVL"):
(i) an M-MVL as referred to in the Former Act: an M-MVL;
(ii) an S-MVL as referred to in the Former Act other than as set forth in the
following item: an SM-MVL that limits the semi-mid-sized motor vehicles as
referred to in Article 3 of the New Act (referred to as a "semi-mid-sized motor
vehicle" in item (v)) that a person is permitted to drive pursuant to Articl e 91
of the New Act to those that are equivalent to a standard motor vehicle as
referred to in Article 3 of the Former Act (hereinafter referred to as a
"standard motor vehicle as referred to in the Former Act");
(iii) an S-MVL as referred to in the Former Act that limits the standard motor
vehicles as referred to in the Former Act that a person is permitted to drive
pursuant to Article 91 of the Former Act to those that are equivalent to a
standard motor vehicle as referred to in Article 3 of the New Act ( referred to
as a "standard motor vehicle" in item (vi)): an S-MVL;
(iv) a class 2 M-MVL as referred to in the Former Act: a class 2 M-MVL;
(v) a class 2 S-MVL as referred to in the Former Act other than as set forth in
the following item: a class 2 M-MVL that does permit a person to drive any
mid-sized motor vehicles as referred to in Article 3 of the New Act pursuant
to Article 91 of the New Act, and which limits the semi-mid-sized motor
vehicles that a person is permitted to drive pursuant to Article 91 o f the New
Act to those that are equivalent to a standard motor vehicle as referred to in
the Former Act;
(vi) a class 2 S-MVL as referred to in the Former Act that limits the standard
motor vehicles as referred to in the Former Act that a person is permitt ed to
drive pursuant to Article 91 of the Former Act to those that are equivalent to
a standard motor vehicle: a class 2 S-MVL;
(vii) a provisional M-MVL as referred to in the Former Act: a provisional M-
MVL; and
(viii) a provisional S-MVL as referred to in the Former Act: a provisional S-
MVL;
261
Article 3 An applications for a driver's license as set forth in one of the following
items that is pending at time this Act comes into force is deemed to be an
application for a driver's license as prescribed in that item:
(i) an M-MVL as referred to in the Former Act: an M-MVL;
(ii) an S-MVL as referred to in the Former Act: an S-MLV;
(iii) a class 2 M-MVL as referred to in the Former Act: a class 2 M-MVL;
(iv) a class 2 S-MVL as referred to in the Former Act: a class 2 S-MVL;
(v) a provisional M-MVL as referred to in the Former Act: a provisional M-
MVL; and
(vi) a provisional S-MVL as referred to in the Former Act: a provisional S-MVL.
Article 5 A person who, at the time this Act comes into force, has passed a
driver's license test for an M-MVL as referred to in the Former Act, S-MVL as
referred to in the Former Act, class 2 M-MVL as referred to in the Former Act,
class 2 S-MVL as referred to in the Former Act, provisional M-MVL as referred
to in the Former Act, or provisional S-MVL as referred to in the Former Act but
has not received a driver's license under the Former Act is deemed to have
passed the driver's license test for a driver's license as prescribed in the items
of Article 2 of the Supplementary Provisions, based on the categories set forth
in those items.
Article 6 (1) To apply Article 90-2 of the New Act, a person who is deemed to
have passed a driver's license test for a driver's license as referred to in Article
2, item (ii) of the Supplementary Provisions pursuant to the preceding Article
is deemed to be a person seeking to obtain an S-MVL.
(2) To apply Article 90-2 of the New Act, a person who is deemed to have passed a
driver's license test for a driver's license referred to in Article 2, item (v) of the
Supplementary Provisions pursuant to the preceding Article is deemed to be a
person seeking to obtain a class 2 S-MVL.
262
Article 7 (1) To apply Article 71, item (v)-4, Article 71-5, paragraph (1) and
Article 100-2, paragraph (1) of the New Act to a person who holds an S-MVL as
referred to in the Former Act that is deemed to be a semi-mid-sized motor
vehicle license pursuant to Article 2 of the Supplementary Provisions (other
than one as referred to in the following paragraph), the phrase "Article 71 -5,
paragraph (2)" in Article 71, item (v)-4 of the New Act is deemed to be replaced
with "Article 71-5, paragraph (1)", the phrase "other than a person who has
held a semi-mid-sized motor vehicle license" in Article 71-5, paragraph (1) of
the New Act is deemed to be replaced with "other than a person who has held
an S-MVL under the Road Traffic Act before its amendment by the Act
Partially Amending the Road Traffic Act (Act No. 40 of 2015) (referred to as
'the Former Act' in this paragraph and Article 100-2, paragraph (1))", the
phrase "and other persons that Cabinet Order prescribes, and other than a
person who currently holds a standard motor vehicle license as referred to in
that paragraph and who held that license for at least two years in total (not
counting any period during which the person's license was suspended) before
the day on which the person came to hold the current semi-mid-sized motor
vehicle license" is deemed to be replaced with "and other persons that Cabinet
Order prescribes", the phrase "drive a semi-mid-sized motor vehicle" is deemed
to be replaced with "drive a motor vehicle equivalent to a standard motor
vehicle under the Former Act", the phrase "when driving a vehicle that the
person is licensed to drive with that license" in Article 100-2, paragraph (1) of
the New Act is deemed to be replaced with "when driving a vehicle that the
person is licensed to drive with that license (this means a motor vehicle
equivalent to a standard motor vehicle under the Former Act in the case of an
SM-MVL; the same applies hereinafter)", and the phrase "the same type of
license" in item (ii) of that paragraph is deemed to be replaced with "an S -MVL
under the Former Act".
(2) To apply Article 71-5, paragraph (1) and Article 100-2, paragraph (1) of the
New Act to a person for whom the restrictions as referred to in Article 2, item
(ii) of the Supplementary Provisions have been lifted, the phrase "who has not
held that license for at least one year in total" in Article 71-5, paragraph (1) of
the New Act is deemed to be replaced with "who has not held that license for at
least one year in total beginning on the date on which the restriction referred
to in Article 2, item (ii) of the Supplementary Provisions of the Act Partially
Amending the Road Traffic Act (Act No. 40 of 2015; referred to as the
'Amending Act of 2015' in this paragraph) is lifted (referred to as the 'date on
which the restriction is lifted' in this paragraph and Article 100 -2, paragraph
(1))", the phrase "other than a person who has held a semi-mid-sized motor
vehicle license at some point within the six months before the day on which the
263
person came to hold the current license and other persons that Cabinet Order
prescribes, and other than a person who currently holds a standard motor
vehicle license as referred to in that paragraph and who held that license for at
least two years in total (not counting any period during which the person's
license was suspended) before the day on which the person came to hold the
current semi-mid-sized motor vehicle license" is deemed to be replaced with
"other than a person who has held those licenses (meaning that the person held
an S-MVL under the Road Traffic Act before its amendment by the Amending
Act of 2015 prior to the effective date of the Amending Act of 2015 and held a
semi-mid-sized motor vehicle license after that date (not counting any period
during which either of those licenses was suspended) for at least two years in
total before the date on which the restriction is lifted); the same applies in
Article 100-2, paragraph (1), item (v)), and other persons that Cabinet Order
prescribes" the phrase "the date on which the person is licensed" in Article 100 -
2, paragraph (1) of the New Act is deemed to be replaced with "the date on
which the restriction is lifted", and the phrase "a person who also holds an S-
MVL, and who had held that S-MVL for a total period of at least two years
before obtaining the SM-MVL (not counting any period during which that
license was suspended)" in item (v) of that paragraph is deemed to be replaced
with "who has held those licenses for a total period of at least two years before
the date on which the restriction is lifted".
264
Measures)
Article 10 Notwithstanding Article 103-2, paragraph (1) of the New Act
(including a case in which the provisions are applied mutatis mutandis
pursuant to Article 107-5, paragraph (10) of the New Act), prior laws continue
to govern the chief of a police station's suspension of a person's license
(including prohibiting a person from driving a standard motor vehicle or
motorized bicycle) in connection with conduct in which the pe rson (including a
person with an International Driving Permit or a foreign driver's license) has
engaged before the provisions referred to in the proviso to Article 1 of the
Supplementary Provisions come into force.
(Effective Date)
Article 1 This Act comes into force within six months of its promulgation, on the
date that Cabinet Order prescribes.
265
Parked in violation of the provisions Large motor 35,000 yen
of Article 44, Article 45, paragraph vehicle, mid-sized
(1) or (2), Article 47, paragraph (2) ormotor vehicle,
(3), Article 48, Article 49-3, semi-mid-sized
paragraph (3), Article 49-4, or Article motor vehicle,
75-8, paragraph (1) special large
motor vehicle, or
heavy towable
vehicle
Standard motor 25,000 yen
vehicle, large
motorcycle, or
standard
motorcycle
(hereinafter
referred to as a
"standard motor
vehicle or
motorcycle")
Special small 15,000 yen
motor vehicle or
motorized bicycle
(hereinafter
referred to as
"special small
motor vehicle or
motorized
bicycle")
Parked in violation of the provisions Large motor 25,000 yen
of Article 49-3, paragraph (2) or the vehicle, mid-sized
second sentence of Article 49-5, or motor vehicle,
parked in violation of the provisions semi-mid-sized
of Article 49-3, paragraph (4), in a motor vehicle,
time-restricted parking area where a special large
ticket dispenser as referred to in motor vehicle, or
Article 49, paragraph (1) has been heavy towable
installed, without displaying a ticket vehicle
issued by the ticket dispenser. Standard motor 20,000 yen
vehicle or
motorcycle
Special small 12,000 yen
motor vehicle or
motorized bicycle
Remarks The maximum abandonment penalty is the amount set forth in the
right-hand column of this Table for the category of status of the abandoned
vehicle set forth in the left-hand column and the type of abandoned vehicle
set forth in the middle column.
266
Category of violation Type of vehicle or Maximum
streetcar involved in the penalty
violation
Conduct that constitutes the Large motor vehicle, 50,000 yen
offense referred to in Article 118, mid-sized motor vehicle,
paragraph (1), item (i) or semi-mid-sized motor
paragraph (2) (other than driving vehicle, special large
at a speed that exceeds the motor vehicle,
maximum speed limit above trolleybus, or streetcar
which it is established, pursuant (hereinafter referred to
to Article 22, that no vehicle may as an "oversized
travel, by more than 30 km/h (or vehicle")
40 km/h, on a national Standard motor vehicle 40,000 yen
expressway or limited highway) or motorcycle
Special small motor 30,000 yen
vehicle or motorized
bicycle
Conduct that constitutes the Oversized vehicle 50,000 yen
offense set forth in Article 118, Standard motor vehicle 40,000 yen
paragraph (1), item (ii) (other or motorcycle
than the driving of an oversized Special small motor 30,000 yen
vehicle while carrying a load vehicle or motorized
whose weight is at least double bicycle
the figure established as the
weight restriction for the load on
a vehicle pursuant to Article 57,
paragraph (1))
Conduct that constitutes the Oversized vehicle 20,000 yen
offense set forth in Article 119, Standard motor vehicle 15,000 yen
paragraph (1), items (i)-2 or motorcycle
through (ii)-2, item (iii)-2, item Special small motor 10,000 yen
(v), items (ix) through (ix)-3, vehicle or motorized
item (xii)-3 or item (xv), or bicycle
paragraph (2)
Conduct that constitutes the Oversized vehicle or 35,000 yen
offense set forth in Article 119-2 heavy towable vehicle
Standard motor vehicle 25,000 yen
or motorcycle
Special small motor 15,000 yen
vehicle or motorized
bicycle
Conduct that constitutes the Oversized vehicle or 25,000 yen
offense set forth in Article 119-3, heavy towable vehicle
paragraph (1), items (i) through Standard motor vehicle 20,000 yen
(iv) or item (vi), or paragraph (2) or motorcycle
Special small motor 12,000 yen
vehicle or motorized
bicycle
Conduct that constitutes the Oversized vehicle 10,000 yen
267
offense set forth in Article 120, Standard motor vehicle 8,000 yen
paragraph (1), items (ii) through or motorcycle
(viii), item (ix) (limited to the Special small motor 6,000 yen
parts specified in Article 71, item vehicle or motorized
(i), items (iv) through (v), item bicycle
(v)-3, item (v)-4, or item (vi), or
Article 71-2), items (x) through
(xi), item (xii), item (xii)-2 or
item (xiv), or paragraph (2)
Conduct that constitutes the Oversized vehicle 8,000 yen
offense set forth in Article 121, Standard motor vehicle 6,000 yen
paragraph (1), item (i)-2, items or motorcycle
(v) through (viii) or items (ix)-2 Special small motor 4,000 yen
through (x), or paragraph (2) vehicle or motorized
bicycle
Remarks The maximum penalty is the amount set forth in the right-hand
column of this Table for the category of violation set forth in the left -hand
column and the type of a vehicle or streetcar involved in the violation set
forth in the middle column.
268