Guiding Case No. 90: Bei Huifeng v. Traffic Police Brigade of the Public Security Bureau of Haining City (Case about dispute over an administrative penalty of road traffic management)
(Issued on November 15, 2017 as deliberated and adopted by the Judicial Committee of the Supreme People's Court)
Guiding Case No. 90
administrative; administrative penalty; giving way by motor vehicles; passing a pedestrian crosswalk
Key Points of Judgment
Politely letting pedestrians cross the roads first is a basic requirement for civilized and safe driving. When the driver passes a pedestrian crosswalk by driving a vehicle and there is a pedestrian who was passing the crosswalk or stopping on the crosswalk, the driver of the vehicle should voluntarily stop the vehicle and give way to the pedestrian, unless the pedestrian gives a clear sign to let the vehicle pass first. Where the traffic management department of the public security organ imposes an administrative penalty on the motor vehicle driver who does not politely let pedestrians cross the road first, the people's court should uphold such administrative penalty.
Plaintiff Bei Huifeng alleged that: When the motor vehicle (Zhe F1158J) he drove (hereinafter referred to as the “vehicle involved”) approached the pedestrian crosswalk, a pedestrian has stopped on the crosswalk. Therefore, the pedestrian was not “passing the crosswalk.” In addition, Xishan Road where the vehicle involved passed was a trunk road in Haining City and at the time, there was heavy traffic in the road section and there were no traffic lights in the intersection. If as long as there was a pedestrian on the crosswalk, the motor vehicle would stop and gave way, it would greatly affect the traffic efficiency. As a result, he was allowed to not stop the vehicle involved when safe passage could be guaranteed, he could directly pass the crosswalk by driving the vehicle involved, and he should not be punished. The written decision on penalty according to the summary procedure of public security traffic management (No. 3304811102542425) issued by the Traffic Police Brigade of the Public Security Bureau of Haining City (hereinafter referred to as the “Traffic Police Brigade of Haining City”) was illegal. Therefore, Bei Huifeng requested the Court to set aside the written decision on administrative penalty is