Lawyers interpretation of "Chuang yellow" should be punished

   With the coming of the 2013, the media, the network of hot debate "new rules" to "the yellow light through" 6 penalty points are more and more discussions, some people experience in order to avoid the "red yellow" and was struck by the situation, it is more excited netizen tucao. But, as a lawyer, after careful investigation I found, "running yellow lights" is a pseudo concept, the "red yellow" punishment has no legal basis, before explaining, first need to clarify 2 misunderstandings in the existence of the public on the incident:

    Error 1: the existence of "new rules"?

   In fact, in January 1, 2013 started the implementation of the Ministry of public security 123 orders full name is the "Regulations" motor vehicle driver's license application and use, this provision does not belong to the law and the administrative rules and regulations, only for the motor vehicle driver's license application and use of the Ministry of public security regulations, only the "road traffic safety law" and the "Road Traffic Safety Law Implementing Regulations" is legal (and administrative regulations) level of traffic rules, provisions of the road traffic rules. Therefore said the Ministry of public security 123 orders is the "new rules" is not accurate.

   Misunderstanding 2: new regulations whether the provisions of the "red yellow" 6 penalty points?

   The Ministry of public security of 123 orders is the original "motor vehicle driver's license application and use regulations" revision, the prevailing rules no mention of "Chuang yellow or yellow light", even a "yellow" words are not. Only in the provisions of Annex 2 article second which illegal record 6 points "driving a motor vehicle in violation of provisions of the road traffic signal lamp current". So, the new regulations have no provisions "the yellow light through" 6 penalty points. In fact, before 2013, there has been "running yellow lights" is the punishment case, also get the support of the court.

   So, most of the new "red yellow" 6 penalty points is where it came from?

   After the query, the view is from the Ministry of Public Security Traffic Management Bureau a responsible person interpretation of the 123 orders: "the Ministry of public security's relevant person in charge, according to" road traffic safety law "and its implementing regulations, yellow light signal is the role of clearance intersection, which has passed the stop line rapid adoption of the vehicle in the the yellow light period. Yellow light, the vehicle has passed the stop line may continue to pass, not across the stop line traffic. Therefore, the yellow light through the same is not according to the direction of the traffic signal lights illegal access. The responsible person clearly, considering the braking distance, safety distance and other factors, when the yellow light, as long as the motor vehicle body any part has crossed the stop line, the vehicle can continue to be used, can not be identified as rob yellow light." In fact, the responsible person and not in the interpretation of the 123 orders, but in the interpretation of "Road Traffic Safety Law Implementing Regulations" in the first paragraph thirty-eighth. Apart from the Ministry of public security has no power to interpret the regulations of the State Council, the law only the explanation of whether legitimate, reasonable to do an analysis.

   We first look at the "Regulations" the implementation of the road traffic safety law "thirty-eighth paragraph first regulations of motor vehicle signal lamp and non motor vehicle signal lamp said: (a) when the green light is on, it allows the vehicles to pass, but turning vehicles are not allowed to obstruct the straight vehicles, pedestrians; (two) Huang Dengliang, have crossed stop line of vehicles can continue to use; (three) when the red light is on, to prohibit vehicular traffic." ("has crossed the stop line of vehicles" refers to the body of any part or the whole body? There is no conclusion)

   Interpretation of the Ministry of public security's a responsible person of the full reference in front of the first paragraph of Article 38 (two) of the original "yellow light, the vehicle has passed the stop line may continue to pass", but added a half sentence rules are not content "has not passed the stop line traffic". But behind added interpretation "when the yellow light, as long as the motor vehicle body any part has crossed the stop line, the vehicle may continue to pass". It is not difficult to find, the responsible person clearly differentiate the concept, the Ordinance "yellow light" stealing "Huang Dengliang up". The two concepts differ? I think the "yellow light" should refer to the whole period of yellow light, and not a time node only from green to yellow, to green to yellow light that time nodes and the responsible person said, "yellow light" is. If the said regulations in the "Huang Dengliang" refers to is green to yellow light time node, the person in charge said yes, he added the second part of the sentence and supplementary explanation without question, but this does not comply with the legislative intent, also does not conform to the common sense.

   First of all, literal interpretation from the regulations do we can see that the "Huang Dengliang" refers to only the whole period of Huang Dengliang, a time node instead of the yellow light, because this paragraph (a) the term "" green light "(three) and a" red light "not only refers to a time varying light, otherwise all the vehicles can only through the intersection on a green light moment, need only banned in a moment of red light, it is not ridiculous? So whether it is green, red or yellow lights, "bright" can only have a unified explanation, the whole period is "bright". If this explanation is clear, whether the yellow light when both vehicles to cross the stop line, as long as the guarantee that during this period, the yellow light across the stop line can continue to run, but that time vehicle yellow lights are red can not cross the stop line should be forbidden to pass.

   Secondly, whether from the rational perspective, netizens have pointed out the Ministry of public security of the person in charge explained in clear violation of Newton's law, can not avoid the illegal situation exists in practice, and easy to cause a large number of rear end collision happened, I am not here to repeat.

In addition, according to the "Regulations" interpretation of intent to embody the yellow light the meaning of existence is: yellow light, the driver can judge for themselves whether in the yellow lights are red before the stop line, rather than through the intersection. When the driver make a correct estimate, even in the yellow light vehicles to cross the stop line is not illegal; when he estimation error, will face the yellow lights and the vehicle did not cross the stop line is red light running situation. The driver of this estimation is necessary, and in accordance with the Ministry of public security, the responsible person explained, the driver could not exist to estimate the opportunity, only in the moment of the yellow light of the slam on the brakes, see their luck.

   In addition, according to the "Regulations" to explain, we also found that the "red yellow" is a false concept, is not defined, there are only the concept of running the red light. So, I hope that the Ministry of public security to admit the mistake, apologized to the public, don't let yourself more do not illegal, unreasonable explanation panic and injury to the public. I also hope that in some places to withdraw before "decided to yellow light" punishment, the court to retrial to change P to.

Beijing Zhongying Kay law firm

Zhang Peng lawyer