Chinese lawmakers are consulting drivers, the police and
passengers about amending a controversial section of the road law
that deals with compensation for accidents involving pedestrians
and cyclists.
The Commission of Legislative Affairs under the Standing
Committee of National People's Congress (NPC), China's top
legislative body, heard from drivers from two city bus companies
and two big taxi companies Monday.
At issue is the 76th section of the law, which regulates who
pays the compensation for loss of life or property in traffic
accidents, and how it will be paid.
All drivers in China must carry accident insurance, but the
policies do not always cover all the compensation paid out after an
accident. Drivers complain that the current law favors pedestrians
and cyclists, according to a press release issued by the NPC
commission.
The law now requires the driver to cover any losses beyond the
ceiling provided by the insurer, when a pedestrian or cyclist is
involved. But the driver's liability can be reduced if he can prove
that the pedestrian or cyclist was at fault.
"Most drivers prefer that [they] pay no compensation if they did
not break the law and the accident was caused by the pedestrian or
cyclist," the press release said.
A draft amendment sent to the NPC Standing Committee for
discussion in October would reduce drivers' liability. For
instance, if a pedestrian or cyclist bears the main responsibility
for an accident, the driver will bear 40 percent of compensation
liability . If the pedestrian or cyclist is determined to be fully
responsible for the accident, the driver's liability is limited to
10 percent.
"Some drivers can accept 10 percent," the statement said.
The commission consulted the police, judges and the
administration on road transportation on Sunday.
"Some held that, on this item, the law should give up the
principle of no-fault liability (strict liability), as it is
society rather than the driver that shall bear the responsibility
of protecting the safety of citizens," said a press release issued
after the meeting.
The commission plans a meeting with residents as well, but the
date of that event has not yet been announced.
In the first ten months of this year, there were 267,289
reported traffic accidents in China, which claimed 64,003
lives.
(Xinhua News Agency November 20, 2007)