Article 74-3Prime Minister's Request for Support
第七十四条の三(内閣総理大臣による応援の要求等)
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.
内閣総理大臣は、前項の規定による要求があつた場合において、災害発生都道府県知事及び災害発生市町村長の実施する災害応急対策が的確かつ円滑に行われるようにするため特に必要があると認めるときは、当該災害発生都道府県知事以外の都道府県知事に対し、当該災害発生都道府県知事又は当該災害発生市町村長を応援することを求めることができる。
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.
内閣総理大臣は、災害が発生し、又は発生するおそれがある場合であつて、災害発生都道府県知事及び災害発生市町村長の実施する災害応急対策が的確かつ円滑に行われるようにするため特に必要があると認める場合において、その事態に照らし特に緊急を要し、第一項の規定による要求を待ついとまがないと認められるときは、当該要求を待たないで、当該災害発生都道府県知事以外の都道府県知事に対し、当該災害発生都道府県知事又は当該災害発生市町村長を応援することを求めることができる。この場合において、内閣総理大臣は、当該災害発生都道府県知事に対し、速やかにその旨を通知するものとする。
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.
災害発生都道府県知事以外の都道府県知事は、前二項の規定による内閣総理大臣の要求に応じ応援をする場合において、災害発生市町村長の実施する災害応急対策が的確かつ円滑に行われるようにするため特に必要があると認めるときは、当該都道府県の区域内の市町村の市町村長に対し、当該災害発生市町村長を応援することを求めることができる。
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.
第四項の規定による都道府県知事の要求に係る応援に従事する者は、災害応急対策の実施については、当該応援を受ける市町村長の指揮の下に行動するものとする。
Article 74-4Request for Support from the Head of a Designated Administrative Organ
第七十四条の四(指定行政機関の長等に対する応援の要求等)
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.
Article 75Special Provisions for Procedure for Delegation of Affairs in Time of a Disaster
第七十五条(災害時における事務の委託の手続の特例)
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.
Article 76Traffic Restrictions in Time of a Disaster
第七十六条(災害時における交通の規制等)
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).
都道府県公安委員会は、当該都道府県又はこれに隣接し若しくは近接する都道府県の地域に係る災害が発生し、又はまさに発生しようとしている場合において、災害応急対策が的確かつ円滑に行われるようにするため緊急の必要があると認めるときは、政令で定めるところにより、道路の区間(災害が発生し、又はまさに発生しようとしている場所及びこれらの周辺の地域にあつては、区域又は道路の区間)を指定して、緊急通行車両(道路交通法(昭和三十五年法律第百五号)第三十九条第一項の緊急自動車その他の車両で災害応急対策の的確かつ円滑な実施のためその通行を確保することが特に必要なものとして政令で定めるものをいう。以下同じ。)以外の車両の道路における通行を禁止し、又は制限することができる。
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.
前項の規定による通行の禁止又は制限(以下「通行禁止等」という。)が行われたときは、当該通行禁止等を行つた都道府県公安委員会及び当該都道府県公安委員会と管轄区域が隣接し又は近接する都道府県公安委員会は、直ちに、それぞれの都道府県の区域内に在る者に対し、通行禁止等に係る区域又は道路の区間(次条第四項及び第七十六条の三第一項において「通行禁止区域等」という。)その他必要な事項を周知させる措置をとらなければならない。
第七十六条の二
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.
道路の区間に係る通行禁止等が行われたときは、当該道路の区間に在る通行禁止等の対象とされる車両の運転者は、速やかに、当該車両を当該道路の区間以外の場所へ移動しなければならない。この場合において、当該車両を速やかに当該道路の区間以外の場所へ移動することが困難なときは、当該車両をできる限り道路の左側端に沿つて駐車する等緊急通行車両の通行の妨害とならない方法により駐車しなければならない。
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.
区域に係る通行禁止等が行われたときは、当該区域に在る通行禁止等の対象とされる車両の運転者は、速やかに、当該車両を道路外の場所へ移動しなければならない。この場合において、当該車両を速やかに道路外の場所へ移動することが困難なときは、当該車両をできる限り道路の左側端に沿つて駐車する等緊急通行車両の通行の妨害とならない方法により駐車しなければならない。
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.
第七十六条の三
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".
前二項の規定は、警察官がその場にいない場合に限り、災害派遣を命ぜられた部隊等の自衛官の職務の執行について準用する。この場合において、第一項中「緊急通行車両の通行」とあるのは「自衛隊用緊急通行車両(自衛隊の使用する緊急通行車両で災害応急対策の実施のため運転中のものをいう。以下この項において同じ。)の通行」と、「緊急通行車両の円滑な通行」とあるのは「自衛隊用緊急通行車両の円滑な通行」と読み替えるものとする。
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.
disastermachine translation
「災害」
Damage caused by a storm, tornado, heavy rain or snow, flood, slope failure, debris flow, storm surge, earthquake, tsunami, soil liquefaction, volcanic eruption, landslide or other abnormal natural phenomenon, or by a large fire or explosion or another cause that a Cabinet Order (政令) specifies as causing damage on a similar scale.
Defined inArticle 2, paragraph (1), item (i)· applies throughout the law
designated administrative organs
「指定行政機関」
The national administrative organs the Prime Minister designates from among the Cabinet Office (内閣府), the Imperial Household Agency, the Digital Agency, the Disaster Management Agency, the ministries, commissions and agencies, and the councils, facilities, special organs and other bodies set up under them.
Defined inArticle 2, paragraph (1), item (iii)· applies throughout the law
designated local administrative organs
「指定地方行政機関」
The local branch offices of designated administrative organs, and other local administrative organs of the State, that the Prime Minister designates.
Defined inArticle 2, paragraph (1), item (iv)· applies throughout the law
prefectural governor, etc.machine translation
「都道府県知事等」
Everywhere but Article 33-3, a prefectural governor, or a committee (委員会) or a commissioner (委員) of a prefecture.
Short name set inArticle 29, paragraph (1)· applies from here on, except in Article 33-3
emergency measures
「応急措置」
Fire-fighting, flood fighting, rescue and other emergency measures needed to fend off a disaster or stop it from spreading.
Short name set inArticle 62, paragraph (1)
SDF personnel of units under disaster relief operation
「災害派遣を命ぜられた部隊等の自衛官」
Members of the Self-Defense Forces in units or other formations under Article 8 of the Self-Defense Forces Act that have been ordered to deploy under Article 83, paragraph (2) of that Act.
Short name set inArticle 63, paragraph (3)
mayor of the municipality where the disaster has occurred or is likely to occurmachine translation
「災害発生市町村長」
In Articles 74-2 and 74-3, the mayor of a municipality where a disaster has occurred or is likely to occur, whom a prefectural governor may ask the governors of other prefectures to support.
Short name set inArticle 74-2, paragraph (1)· applies only in this provision and in Article 74-2, paragraph (2); and Article 74-3
governor of the prefecture where the disaster has occurred or is likely to occurmachine translation
「災害発生都道府県知事」
In Article 74-3, the governor of a prefecture where a disaster has occurred or is likely to occur, whom the Prime Minister may be asked to have the governors of other prefectures support.
Short name set inArticle 74-3, paragraph (1)· applies only in this article
emergency vehiclemachine translation
「緊急通行車両」
An emergency motor vehicle under Article 39, paragraph (1) of the Road Traffic Act, or another vehicle that a Cabinet Order (政令) specifies as one whose passage must especially be secured so that emergency disaster control measures can be carried out properly and smoothly.
Defined inArticle 76, paragraph (1)
traffic ban zone, etc.
「通行禁止区域等」
The area or section of road where vehicle traffic has been banned or restricted under Article 76, paragraph (1).
Short name set inArticle 76, paragraph (2)· applies only in this provision and in Article 76-2, paragraph (4); and Article 76-3, paragraph (1)
traffic ban, etc.
「通行禁止等」
A ban on or restriction of vehicle traffic on roads that a prefectural public safety commission imposes under Article 76, paragraph (1), except for emergency vehicles, so that emergency disaster control measures can be carried out.
Short name set inArticle 76, paragraph (2)
Self-Defense Forces emergency vehiclemachine translation
「自衛隊用緊急通行車両」
In Article 76-3, paragraph (3), an emergency vehicle used by the Self-Defense Forces while it is being driven to carry out emergency disaster control measures.
Defined inArticle 76-3, paragraph (3)· applies only in this paragraph
fire department emergency vehiclemachine translation
「消防用緊急通行車両」
In Article 76-3, paragraph (4), an emergency vehicle used by a fire-fighting organ while it is being driven to carry out emergency disaster control measures.
Defined inArticle 76-3, paragraph (4)· applies only in this paragraph
chief of a police station
警察署長
The head of a police station (警察署). The Police Act (警察法) divides each prefecture's area into districts, each served by a police station, and places a chief in every station (Police Act, Article 53, paragraphs (1) and (2)). Under the direction and supervision of the officers above the station in the prefectural police — the Superintendent General (警視総監) of Tokyo's police, the chief of a prefectural police headquarters (警察本部長), or, in Hokkaido, a district headquarters chief (方面本部長), among others — the chief handles police work within the station's district and directs and supervises the station's police officials (Article 53, paragraph (3); Articles 48 and 51). Under the Road Traffic Act, a person who means to work on a road, put up a structure or a fixed stall on it, or use it in another way the prefectural public safety commission (公安委員会) has listed as greatly affecting traffic, needs the permission of the chief of the police station for that place (Road Traffic Act, Article 77, paragraph (1)). Under the Lost Property Act, a finder must promptly return a found item to its owner or hand it in to a police station chief, and must hand in items that are illegal to possess or appear to have been held by a criminal (Lost Property Act, Article 4, paragraph (1)); something found inside a facility such as a station or shop goes to the facility's operator instead (Article 4, paragraph (2)).
Written by AI using Police Act, Arts. 48, 51, 53, Road Traffic Act, Art. 77 and Lost Property Act, Art. 4 as a reference.
Prefectural Public Safety Commission
都道府県公安委員会
A commission the Police Act (警察法) places in each prefecture under the jurisdiction of its governor (都道府県知事) (Police Act, Article 38, paragraph (1)). It administers that prefecture's police (都道府県警察) (Article 38, paragraph (3)). It has five members in Tokyo (都), Hokkaido (道), Osaka and Kyoto (府) and in a prefecture that contains a city designated under the Local Autonomy Act (指定市), and three in any other prefecture (Article 38, paragraph (2)). The governor appoints the members, with the consent of the prefectural assembly, from people eligible to stand for that assembly who have not been career public officials doing police or prosecution work in the five years before their appointment; in Hokkaido, Osaka, Kyoto and a prefecture that contains a designated city (指定市), two of the members are people the mayor of that city recommends with the consent of the city assembly (Article 39, paragraph (1)). Under the Secondhand Goods Business Act, a person who intends to run a business buying, selling or exchanging secondhand goods — other than one that only sells them, or only buys back what it sold from the person it sold to — or to run a secondhand goods market must first obtain its permit; that Act calls it the Public Safety Commission (公安委員会) (Secondhand Goods Business Act, Article 2, paragraph (2), items (i) and (ii), and Article 3, paragraph (1)).
Written by AI using Police Act, Arts. 38, 39 and Secondhand Goods Business Act, Arts. 2, 3 as a reference.
Prime Minister
内閣総理大臣
The head of the Cabinet. Designated by the Diet from among its own members, and appointed by the Emperor on that designation (Articles 67 and 6). The Prime Minister appoints and may dismiss the other Ministers of State at will, and a majority of them must be members of the Diet (Article 68). No Minister of State can be subjected to legal action while in office without the Prime Minister's consent (Article 75).
Written by AI using Constitution, Arts. 6, 67, 68, 75 and Wikipedia: Prime Minister of Japan as a reference.