Half-Fast Mike
Lanterne Rouge-et-vert
- May 22, 2007
- 4,644
- 3,700
Regarding the penal regulations for cycling.
According to the Road Traffic Law, a bicycle is classed as a (light) vehicle. So, like motorists, cyclists in violation of the Law may be subject to penal measures.
Because there is no system stipulated in that Law which can be applied for fining cyclists, all tickets issued to cyclists will be of the red type and count as a conviction - this is more a more severe implementation than for motorists.
e.g., for ignoring a traffic signal, a motorist might be issued a 9,000 yen fixed-penalty ticket that doesn't count on their criminal record, although they'll also get two points on their driver's license. In contrast, a cyclist might receive a court summons with a maximum penalty of three month's imprisonment or a fine of up to 50,000 yen. Of course the cyclist doesn't have a cycling license so there are no points.
There is some variation among the penalties set by respective prefectural Public Safety Commissions, but typically:
Operating bicycle while drunk: up to 5 years' imprisonment or 1,000,000 fine.
Neglecting safety of pedestrians: up to 1 year imprisonment or 100,000 fine
Failing to stop at a stop line: up to 3 months' imprisonment or 50,000 fine
Failing to drive carefully (徐行) where required: up to 3 months' imprisonment or 50,000 fine
One-handed riding, applied in cases of umbrella, cellphone, headphone use, etc.): up to 3 months' imprisonment or 50,000 fine
Riding without lights during the hours of darkness: up to 50,000 fine
Changing direction suddenly and without warning: up to 50,000 fine
Riding with a passenger: up to 20,000 fine
Riding abreast: up to 20,000 fine
All of the above count as a criminal conviction and will go on the offender's criminal record!
However, there is no provision in any Law or local byelaw for a cyclist committing a traffic offense on a bicycle to have his/her driving license endorsed, suspended or revoked, no matter how severe their criminal culpability might be. The "red ticket" and its attendant fines or prison sentences are a judicial punishment, and there is no associated administrative punishment.
There is therefore absolutely no reason for a police officer who stops a cyclist (or a pedestrian) to request or demand to see their driving license, except as a form of identification. And as well all know, non-Japanese are required to carry identification (i.e., their passport, alien registration card, or MFA diplomatic ID) at all times when outside their place of residence. Not doing so is a criminal offense.
So a cyclist on a bicycle is completely within their rights to refuse to show a police officer their driving license, and the police officer is not authorized to demand it. Even so, the cyclist who is also a motorist may be assured that no cycling offense convictions will have an affect on his/her driving license.
According to the Road Traffic Law, a bicycle is classed as a (light) vehicle. So, like motorists, cyclists in violation of the Law may be subject to penal measures.
Because there is no system stipulated in that Law which can be applied for fining cyclists, all tickets issued to cyclists will be of the red type and count as a conviction - this is more a more severe implementation than for motorists.
e.g., for ignoring a traffic signal, a motorist might be issued a 9,000 yen fixed-penalty ticket that doesn't count on their criminal record, although they'll also get two points on their driver's license. In contrast, a cyclist might receive a court summons with a maximum penalty of three month's imprisonment or a fine of up to 50,000 yen. Of course the cyclist doesn't have a cycling license so there are no points.
There is some variation among the penalties set by respective prefectural Public Safety Commissions, but typically:
Operating bicycle while drunk: up to 5 years' imprisonment or 1,000,000 fine.
Neglecting safety of pedestrians: up to 1 year imprisonment or 100,000 fine
Failing to stop at a stop line: up to 3 months' imprisonment or 50,000 fine
Failing to drive carefully (徐行) where required: up to 3 months' imprisonment or 50,000 fine
One-handed riding, applied in cases of umbrella, cellphone, headphone use, etc.): up to 3 months' imprisonment or 50,000 fine
Riding without lights during the hours of darkness: up to 50,000 fine
Changing direction suddenly and without warning: up to 50,000 fine
Riding with a passenger: up to 20,000 fine
Riding abreast: up to 20,000 fine
All of the above count as a criminal conviction and will go on the offender's criminal record!
However, there is no provision in any Law or local byelaw for a cyclist committing a traffic offense on a bicycle to have his/her driving license endorsed, suspended or revoked, no matter how severe their criminal culpability might be. The "red ticket" and its attendant fines or prison sentences are a judicial punishment, and there is no associated administrative punishment.
There is therefore absolutely no reason for a police officer who stops a cyclist (or a pedestrian) to request or demand to see their driving license, except as a form of identification. And as well all know, non-Japanese are required to carry identification (i.e., their passport, alien registration card, or MFA diplomatic ID) at all times when outside their place of residence. Not doing so is a criminal offense.
So a cyclist on a bicycle is completely within their rights to refuse to show a police officer their driving license, and the police officer is not authorized to demand it. Even so, the cyclist who is also a motorist may be assured that no cycling offense convictions will have an affect on his/her driving license.