Basic Act on Disaster Management

In cases where a disaster involving an area of a prefecture has occurred or is likely to occur, when the prefectural governor finds that support concerning emergency disaster control measures would not be implemented smoothly only by the instructions under Article 72, paragraph (1), or the request under paragraph (2) of the same Article, Article 74, paragraph (1), or paragraph (1) of the preceding Article, the governor may request the Prime Minister to ask the governors of other prefectures to support the governor of the prefecture where the disaster has occurred or is likely to occur (hereinafter referred to as "governor of the prefecture where the disaster has occurred or is likely to occur" in this Article) or the mayor of the municipality where the disaster has occurred or is likely to occur.

In cases where a request has been made under the preceding paragraph, when the Prime Minister finds it particularly necessary for ensuring that emergency disaster control measures to be taken by the governor of the prefecture where the disaster has occurred or is likely to occur and the mayor of the municipality where the disaster has occurred or is likely to occur are implemented accurately and smoothly, the Prime Minister may ask prefectural governors other than the governor of the prefecture where the disaster has occurred or is likely to occur to support the governor of the prefecture where the disaster has occurred or is likely to occur or the mayor of the municipality where the disaster has occurred or is likely to occur.

In cases where a disaster has occurred or is likely to occur, when the Prime Minister finds that it is particularly necessary for ensuring that emergency disaster control measures to be taken by the governor of the prefecture where the disaster has occurred or is likely to occur and the mayor of the municipality where the disaster has occurred or is likely to occur are implemented accurately and smoothly, if it is found particularly urgent in light of the situation and there is no time to wait for the request under paragraph (1), the Prime Minister may ask prefectural governors other than the governor of the prefecture where the disaster has occurred or is likely to occur to support the governor of the prefecture where the disaster has occurred or is likely to occur or the mayor of the municipality where the disaster has occurred or is likely to occur without waiting for the request. In this case, the Prime Minister is to promptly notify the relevant governor of the prefecture where the disaster has occurred or is likely to occur to that effect.

In cases where support will be provided in response to the request by the Prime Minister under the preceding two paragraphs, when prefectural governors other than the governor of the prefecture where the disaster has occurred or is likely to occur find it particularly necessary for ensuring that emergency disaster control measures to be taken by the mayor of the municipality where the disaster has occurred or is likely to occur are implemented accurately and smoothly, they may request the mayors of municipalities within the areas of the prefectures to support the mayor of the municipality where the disaster has occurred or is likely to occur.

Those who render the support concerning a request from the Prime Minister under paragraphs (2) and (3) are to act under the direction of the prefectural governor receiving the support insofar as the implementation of emergency disaster control measures is concerned.

Those who render the support concerning a request from the governor under paragraph (4) are to act under the direction of the mayor of a municipality receiving the support insofar as the implementation of emergency disaster control measures is concerned.

Beyond what is provided for in Article 70, paragraph (3), in cases where a disaster involving an area of a prefecture has occurred or is likely to occur, when the prefectural governor finds it necessary for implementing emergency disaster control measures, the governor may ask support from the head of the designated administrative organ or the head of a designated local administrative organ or request them to implement emergency disaster control measures. In this case, the head of the designated administrative organ or the head of the designated local administrative organ asked to support or requested to implement emergency disaster control measures must not refuse support or implementation of emergency disaster control measures except for just cause.

The head of a designated administrative organ or the head of a designated local administrative organ may, in cases where a disaster involving an area of a prefecture has occurred or is likely to occur and the prefectural governor finds it difficult to implement emergency disaster control measures accurately and promptly, and when finding it urgent in light of the situation and finding that there is no time to wait for the request for support under the preceding paragraph, provide support for emergency disaster control measures without waiting for that request.

In cases where a disaster involving an area of a prefecture has occurred, when the prefecture finds it necessary for implementing Emergency Measures, notwithstanding the provisions of Article 252-14 and Article 252-15 of the Local Autonomy Act, as provided for by Cabinet Order, it may delegate the affairs or part of the affairs under the authority of the prefectural governor, etc. to another prefecture so as to have that prefectural governor, etc. direct and execute the affairs.

In cases where a disaster involving an area of a prefecture or adjoining or nearby prefectures has occurred or is imminent, when the prefectural public safety commission finds it urgently necessary for accurate and smooth emergency disaster control measures, as provided for by Cabinet Order, it may designate sections of road (zones or sections of roads in the locale where the disaster has occurred or is imminent, and in nearby areas) and ban or restrict vehicular traffic in those sections, excluding emergency vehicles (referring to "emergency motor vehicles" as set forth in Article 39, paragraph (1) of the Road Traffic Act (Act No. 105 of 1960) or other vehicles for which there is a particular need to ensure passage in order for accurate and smooth implementation of emergency disaster control measures and which are provided for by Cabinet Order; the same applies hereinafter).

When the ban or restriction of vehicular traffic under the preceding paragraph (hereinafter referred to as "traffic ban, etc.") has been issued, the prefectural public safety commission issuing the traffic ban, etc. and prefectural public safety commissions with jurisdictions adjoining or nearby the relevant prefectural public safety commission that issued the traffic ban, etc. must immediately take measures to inform persons within the area of their prefectures of the zones or sections of roads related to the traffic ban, etc. (referred to as "traffic ban zone, etc." in paragraph (4) of the following Article and in Article 76-3, paragraph (1)) and any other necessary matters.

When traffic ban, etc. concerning a section of road are in effect, the drivers of vehicles subject to the traffic ban, etc. in the section of road must promptly move the vehicles to a place outside of the section of road. In this case, if it is difficult to promptly move the relevant vehicles to places outside the section of road, drivers must wherever possible park their vehicles along the left-hand side of the road or in some other such manner so as not to be an obstruction to the passage of emergency vehicles.

When traffic ban, etc. concerning a zone are in effect, the drivers of vehicles subject to the traffic ban, etc. in that zone must promptly move the vehicles to a place off the road. In this case, if it is difficult to promptly move the vehicles to places off the road, drivers must wherever possible park their vehicles along the left-hand side of the road or in some other such manner so as not to be an obstruction to the passage of emergency vehicles.

The provisions of Chapter III, Section 9, and Article 75-8 of the Road Traffic Act do not apply to parking under the preceding two paragraphs.

Notwithstanding the provisions of paragraphs (1) and (2) above, when the driver of a vehicle in traffic ban zone, etc. receive instructions from a police officer, the driver must move or park their vehicles as instructed.

The bans and restrictions on vehicular traffic under paragraph (1) of the preceding Article do not apply to moving or parking vehicles under paragraph (1) or (2) or the preceding paragraph.

When they find that vehicles or other objects in traffic ban zone, etc. are likely to impede the passage of emergency vehicles and thereby extremely hinder the implementation of emergency disaster control measures, police officers may order the occupant, owner, or manager of the vehicles or other objects to move the vehicles or other objects to a nearby place off the road or to take other necessary measures so as to ensure the smooth passage of emergency vehicles in the traffic ban zone, etc.

In cases referred to in the preceding paragraph in which the person ordered to take the measures under the same paragraph does not take the measures or the person subject to being ordered is not present at the site and cannot be ordered to take the measures, the police officer may take the relevant measures. In this case, to the extent unavoidable in taking the measures, the police officer may damage the vehicle or other objects related to the measures.

The provisions of the preceding two paragraphs apply mutatis mutandis to the performance of duties by SDF personnel of units under disaster relief operation provided that there is no police officer there. In this case, the term "passage of emergency vehicles and" in paragraph (1) is deemed to be replaced with "passage of Self-Defense Forces emergency vehicles (which means emergency vehicles used by the Self-Defense Forces and being operated in order to implement emergency disaster control measures; hereinafter the same applies in this paragraph) and," and the term "smooth passage of emergency vehicles" is deemed to be replaced with "smooth passage of Self-Defense Forces emergency vehicles".

The provisions of paragraphs (1) and (2) apply mutatis mutandis to the performance of duties of fire-fighting officials provided that there is no police officer there. In this case, the term "passage of emergency vehicles and" in paragraph (1) is deemed to be replaced with "passage of fire department emergency vehicles (which means emergency vehicles used by fire-fighting organs and being operated in order to implement emergency disaster control measures; hereinafter the same applies in this paragraph) and," and the term "smooth passage of emergency vehicles" is deemed to be replaced with "smooth passage of fire department emergency vehicles".

The bans and restrictions on vehicular traffic under Article 76, paragraph (1) and the provisions of paragraphs (1), (2), and (4) of the preceding Article do not apply to measures that are taken in accordance with orders given under paragraph (1) (including as applied mutatis mutandis pursuant to the preceding two paragraphs) or measures that are taken pursuant to the provisions of paragraph (2) above (including as applied mutatis mutandis pursuant to the preceding two paragraphs).

When SDF personnel of units under disaster relief operation or fire-fighting officials issue orders under paragraph (1) as applied mutatis mutandis pursuant to paragraph (3) or paragraph (4) or take measures under paragraph (2) as applied mutatis mutandis pursuant to paragraph (3) or paragraph (4), they must immediately notify this action to the chief of the police station with jurisdiction over the place in which the orders were issued or the measures taken.