Special vehicle enforcement/administrative punishment
Updated: July 2024, 3
The Ministry of Land, Infrastructure, Transport and Tourism has published the ``Standards for Administrative Dispositions, etc. Per Article 47-3 of the Road Act'' as a means of regulating and administering administrative sanctions against the passage of special vehicles.
Previously, these were notified as ``Guidelines and Control Guidelines for the Traffic of Special Vehicles.''
So, let's summarize what kind of penalties there are if you are passing or allowing someone to pass without permission.
Warning/action order
In non-malicious cases, this warning is often the first to be given. A treatment order is binding. This is a slightly more severe order than a warning.
Corrective guidance
If no improvement is seen despite receiving multiple warnings and action orders, corrective guidance may be given, and face-to-face guidance may be provided by visiting the company directly.
Announcement
Tomorrow morning, if there is still no improvement, the company name will be announced.
Permit cancellation/criminal prosecution
Ultimately, your permit will be revoked, and if it's malicious, you could even be prosecuted criminally. If this happens, you will not be able to work.
We have also summarized what kind of punishment will actually be taken.
Unauthorized
No special vehicle permission →Vehicle specification violation
Driving a special vehicle on a road other than the permitted route→Traffic route violation
Both100 million yenThe following fines apply. (Article 47-2, Paragraph 1 of the Road Act)
Violation of traffic conditions
Allowed traffic to pass at times other than those permitted →Traffic time violation
Despite conditional permission for a guided vehicle, the vehicle is not equipped with a guided vehicle →Guide vehicle placement violation
Both100 million yenThe following fines apply. (Article 47 Paragraph 2 of the Road Act)
Violation of measures order
Allowing traffic to pass on the road in violation of the road administrator's treatment order →Violation of measures order
6imprisonment for up to one month, or30The fine is up to 2 yen. (Road Act No. 4 and XNUMX)
Not carrying a permit
Even after obtaining a permit, the vehicle was allowed to pass without carrying it →Not carrying a permit
100 million yenThe following fines apply. (Article 47 Paragraph 2 of the Road Act)
Implementation of enforcement at enforcement bases
1 Control at enforcement bases
| (1) | Road administrators shall set up enforcement bases equipped with weight scales and other vehicle measuring equipment along roadsides and other appropriate locations, taking into account the actual traffic of special vehicles on the roads they manage, road conditions, and other circumstances. , regular crackdowns shall be carried out against those who are illegally passing special vehicles. |
| (2) | When carrying out enforcement, road administrators shall consult with the local police station, etc. in advance and take every precaution by coordinating closely with them, such as requesting the presence of a police officer at the scene of enforcement. |
| (3) | The on-site person in charge of enforcement shall be a road inspector. |
| (4) | For enforcement, a special vehicle enforcement report in attached form No. 1 shall be prepared. |
| (XNUMX) | When conducting enforcement, the following matters shall be kept in mind. (a) Officials engaged in enforcement must wear uniform clothing and safety helmets. (b) Among the officials engaged in enforcement, those who are ordered to be road inspectors pursuant to the provisions of Article 71, Paragraph 5 of the Act shall always carry the identification card prescribed in Paragraph 7 of the same article; Wear an armband that says ``Road Inspector Ministry of Land, Infrastructure, Transport and Tourism.'' |
2 Measures against those who illegally pass special vehicles
The road administrator shall, in accordance with the following categories, issue an order to take measures against those who are illegally passing the special vehicle in question, using attached Form 2.
| (1) | In cases where special vehicles are allowed to pass in violation of the provisions of Article 47, Paragraph 2 of the Act, the following are ordered to take the necessary measures: (a) If it is possible to take measures such as reducing the width, weight, height, length, etc. of the vehicle because part of the structure of the special vehicle can be removed or the loaded cargo can be divided; , and that such measures should be taken. (b) If it is impossible to remove part of the structure of the special vehicle or divide the loaded cargo, traffic should be stopped until permission for passage under Article 47-2, Paragraph 1 of the Act is obtained. thing. |
| (2) | In cases where a special vehicle is allowed to pass in violation of the conditions set by the road administrator pursuant to the provisions of Article 47-2, Paragraph 1 of the Act, the police will order that measures be taken in accordance with the conditions, and as necessary. If necessary, order the suspension of traffic. |
| (3) | The road administrator shall ensure that the person who allowed the special vehicle to pass illegally violates the provisions of Article 47, Paragraph 2 of the Act, or violates the conditions imposed by the road administrator pursuant to the provisions of Article 47-2, Paragraph 1 of the Act. In cases where a special vehicle is allowed to pass in violation of the law, if the degree of the violation is minor and it is deemed that there is no need to take the measures set forth in (1) or (2) above, the measures shall be taken in accordance with Appended Form 3. A warning shall be given instead of an order. |
| (4) | If the person who caused the special vehicle to pass illegally divides the loaded cargo in response to the road administrator's order to take measures such as reducing the total weight, the person who caused the special vehicle to pass illegally shall take measures such as having the cargo transferred to another vehicle at its responsibility and expense. |
| (XNUMX) | When the road administrator orders the measures described in (1) or (2) above, he/she shall issue a warning to the person using the special vehicle in order to prevent recurrence using the attached form 3, 2. |
Measurement by automatic measuring device
1 Measurement using automatic measuring device
In addition to Section 2.1, road administrators shall, as necessary, install devices that can automatically measure the weight, etc. of moving vehicles (hereinafter referred to as "automatic measuring devices") to prevent illegal passage of special vehicles. The actual situation shall be grasped continuously. Furthermore, when operating automatic measuring devices, appropriate maintenance and management shall be conducted.
2 Warning based on measurement results of automatic measuring device
Based on the measurement results of the automatic measuring device, the road administrator determines whether the special vehicle being used violates the provisions of Article 47, Paragraph 2 of the Act, or is prohibited from road management pursuant to the provisions of Article 47-2, Paragraph 1 of the Act. Any person who is found to be passing through the road in violation of the conditions set by the person shall be given a warning in accordance with Form 3, Section 3 of the attached appendix.
Measures against those who repeatedly allow special vehicles to pass illegally
1. Administrative guidance for those who repeatedly allow special vehicles to pass illegally
The road administrator has been warned by a person who has repeatedly allowed a special vehicle to pass illegally (in the case of a person who has illegally allowed a special vehicle to pass in connection with the business of a corporation or person, the said corporation or person) or by the third party. The government will ask those who violate the law to make corrections so that they do not commit the violation again, by calling them to the National Highway Office, etc., handing them a corrective instruction manual in person.
2 Publication of administrative guidance content
If the person who received the corrective guidance does not respond to the correction despite having repeatedly received corrective guidance in accordance with 1 above, the road administrator shall provide the person with an opportunity to make an excuse and then implement the corrective guidance again in accordance with 1 above. The name and contents of corrective guidance shall be made public.
3 Cancellation of permission
In any of the following cases, the road administrator shall notify the person who has obtained permission pursuant to the provisions of Article 47-2, Paragraph 1 of the Act regarding the passage of said special vehicle, that the said permission is granted by the said road administrator. If the permission pertains to another road administrator, a hearing shall be held in advance and the permission shall be revoked by the applicant in accordance with Appended Form No. 4. If the permission concerned is related to another road administrator, the permission shall be revoked by the other person in accordance with Appended Form No. 5. The road administrator shall be notified of the violation, etc. In addition, the road administrator who canceled the permit shall publicize the name of the person whose permit was canceled and the details of the canceled permit.
If the permit is revoked, the permit shall be promptly returned.
| (1) | Violating the provisions of Article 47, Paragraph 2 of the Act on the traffic route pertaining to the permission of Article 47-2, Paragraph 1 of the Act, or violating the conditions set by the road administrator pursuant to the provisions of Article 47-2, Paragraph 1 of the Act. When a special vehicle is allowed to pass in violation of the law, causing a traffic accident involving death or serious injury to a person, or serious traffic accident involving damage to the road. |
| (2) | Violating the provisions of Article 47, Paragraph 2 of the Act on the traffic route pertaining to the permission of Article 47-2, Paragraph 1 of the Act, or violating the conditions set by the road administrator pursuant to the provisions of Article 47-2, Paragraph 1 of the Act. When a person causes a special vehicle to pass in violation of the road administrator's order pursuant to the provisions of Article 47-3, Paragraph 1 of the Act against persons who allow special vehicles to pass in violation. |
| (3) | Habitually violates the provisions of Article 47, Paragraph 2 of the Act on the traffic route pertaining to the permission of Article 47-2, Paragraph 1 of the Act, or the road administrator violates the provisions of Article 47-2, Paragraph 1 of the Act. When a special vehicle is allowed to pass in violation of the specified conditions. |
4 Accusation
In any of the following cases, the road administrator shall notify the person who allowed the special vehicle to pass according to Attached Form No. 6 (if it falls under (2), Attached Form No. 6-2). shall be prosecuted. However, in cases of emergency and unavoidable circumstances, the accusation shall be made orally.
| (1) | Allowing a special vehicle to pass in violation of the provisions of Article 47, Paragraph 2 of the Act, or in violation of the conditions set by the road administrator pursuant to the provisions of Article 47-2, Paragraph 1 of the Act, resulting in the death or serious injury of a person. When a traffic accident or a serious traffic accident involving road damage occurs. |
| (2) | Article 47 of the Act against a person who allows a special vehicle to pass in violation of the provisions of Article 47, Paragraph 2 of the Act, or in violation of the conditions set by the road administrator pursuant to the provisions of Article 47-2, Paragraph 1 of the Act. When a special vehicle is allowed to pass in violation of the road administrator's order pursuant to the provisions of Article 3, Paragraph 1. |
| (3) | Habitually allowing special vehicles to pass in violation of the provisions of Article 47, Paragraph 2 of the Act, or in violation of the conditions set by the road administrator pursuant to the provisions of Article 47-2, Paragraph 1 of the Act. |
Reporting of enforcement results
1. The road administrator shall determine the number of orders for measures, the number of corrective guidance cases, the number of public announcements, the number of license cancellations, and the number of accusations based on the administrative procedures for special vehicle traffic permits, No. 10, and in accordance with attached Form 9-4 of the same guidelines. The report shall be addressed to the Provincial Road Bureau (Road Traffic Management Division).
2 When a road administrator cancels a permit, the road administrator shall promptly submit a copy of the permit cancellation notice and other related documents to the Road Bureau of the Ministry of Land, Infrastructure, Transport and Tourism (Road Traffic Bureau) in accordance with Appended Form 6-3. The report shall be addressed to (Management Division).
3. If a road administrator has made a complaint, he/she shall promptly attach a copy of the complaint letter and other related documents and report it to the Road Bureau (Road Traffic Management Division) of the Ministry of Land, Infrastructure, Transport and Tourism using the attached form No. 7. shall be taken as a thing.
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