It is prohibited for a motor vehicle user (including the user of heavy towable vehicles; the same applies hereinafter in this Article, paragraph (1) of the following Article, and Article 75-2-2, paragraph (2)) (or the primary or deputy driving safety supervisor or any other person in a position to directly manage the operations of its motor vehicles; referred to as a " user, supervisor, or manager" in the following paragraph) to order or allow a driver of its motor vehicles to engage in the conduct set forth in one of the following items in connection with the business of the user:
to drive a motor vehicle that it has been established may be driven only by a person holding a public-safety-commission driver's license as under Article 84, paragraph (1) (or by a person with an international driving permit or foreign driver's license, if it has been decided that such a person may drive a motor vehicle pursuant to Article 107-2; the same applies hereinafter in this paragraph), if the person in question has not been issued such a driver's license (this includes a person whose driver's license has been suspended pursuant to Article 90, paragraph (5), Article 103, paragraph (1) or (4), Article 103-2, paragraph (1), Article 104-2-3, paragraph (1) or (3) or Article 103, paragraph (4) as applied mutatis mutandis pursuant to Article 104-2-3, paragraph (5));
to drive a motor vehicle in violation of Article 22, paragraph (1);
to drive a motor vehicle in violation of Article 65, paragraph (1);
to drive a motor vehicle in violation of Article 66;
to drive a large, mid-sized, or semi-mid-sized motor vehicle in violation of Article 85, paragraph (5); to drive a mid-sized or semi-mid-sized motor vehicle in violation of paragraph (6) of that Article; to drive a semi-mid-sized or standard motor vehicle in violation of paragraph (7) of that Article; to drive a standard motor vehicle in violation of paragraph (8) of that Article; to drive a standard or large motorcycle in violation of paragraph (9) of that Article; or to drive a standard motorcycle in violation of paragraph (10) of that Article;
to drive a motor vehicle carrying a load in violation of Article 57, paragraph (1); or
to leave a motor vehicle and thereby put it in a state in which it cannot be driven immediately (limited to an act by which the motor vehicle comes to be parked in violation of Article 44, paragraph (1), Article 45, paragraph (1) or (2), Article 47, paragraph (2) or (3), Article 48, Article 49-3, paragraph (3), Article 49-4, or Article 75-8, paragraph (1), or an act done while a motor vehicle is parked in violation of those provisions).
If auser, supervisor, or manager of motor vehicles violates the preceding paragraph thereby causing the driver of a motor vehicle to engage in conduct set forth in one of the items of that paragraph, and the public safety commission with jurisdiction over the base of operations of the motor vehicle connected with the violation finds that the operator's use of its motor vehicles in connection with its business activities is likely to cause an extreme traffic hazard on a road or an extreme obstruction to traffic, it may issue an order to the user , in accordance with the standards that Cabinet Order prescribes, not to drive or allow any person to drive the motor vehicles connected with the violation for a period of up to six months that it fixes.
Before issuing an order pursuant to the preceding paragraph, a public safety commission must hear the opinion of the supervising administrative agency for the relevant services if the user of a motor vehicle that would be subject to the order is a passenger motor carrier under the Road Transportation Act or a person engaged in Type II cargo transportation services under the Cargo Forwarder Service Act.
Irrespective of the category of proceedings for hearing statements of opinion under Article 13, paragraph (1) of the Administrative Procedure Act (Act No. 88 of 1993), a public safety commission seeking to issue an order pursuant to paragraph (2) must hold a hearing.
公安委員会は、第二項の規定による命令をしようとするときは、行政手続法(平成五年法律第八十八号)第十三条第一項の規定による意見陳述のための手続の区分にかかわらず、聴聞を行わなければならない。
To hold a hearing as referred to in the preceding paragraph, a public safety commission must notify the relevant persons as under Article 15, paragraph (1) of the Administrative Procedure Act and issue public notice of the date and place of the hearing, by one week prior to the hearing date.
公安委員会は、前項の聴聞を行うに当たつては、その期日の一週間前までに、行政手続法第十五条第一項の規定による通知をし、かつ、聴聞の期日及び場所を公示しなければならない。
If a person is notified as referred to in the preceding paragraph in the way that Article 15, paragraph (3) of the Administrative Procedure Act prescribes, the reasonable period of time to be set aside before the hearing date pursuant to paragraph (1) of that Article must not be less than two weeks.
前項の通知を行政手続法第十五条第三項に規定する方法によつて行う場合においては、同条第一項の規定により聴聞の期日までにおくべき相当な期間は、二週間を下回つてはならない。
The proceedings on the hearing date referred to in paragraph (4) must be open to the public.
第四項の聴聞の期日における審理は、公開により行わなければならない。
On finding it to be necessary to do so, the person presiding over the hearing referred to in paragraph (4) may request the appearance of witnesses who have expert knowledge about road traffic or persons connected with the matter at issue so as to hear their opinions or circumstances.
第四項の聴聞の主宰者は、必要があると認めるときは、道路交通に関する事項に関し専門的知識を有する参考人又は当該事案の関係人の出頭を求め、これらの者からその意見又は事情を聴くことができる。
A public safety commission that has issued an order pursuant to paragraph (2) must issue a document to the user of the motor vehicle subject to the order giving the information that Cabinet Office Order prescribes, including the number of the identification plate of any motor vehicle that the user may neither drive nor allow others to drive, and must affix a mark in the format that Cabinet Office Order prescribes in a conspicuous place on the front of any such motor vehicle.
A person purchasing a motor vehicle to which a mark has been affixed pursuant to the preceding paragraph from auser or from a third party who holds title to its use may apply to a public safety commission, pursuant to Cabinet Office Order, for removal of that mark. In such a case, the public safety commission must remove the mark.
It is prohibited for any person to damage or deface a mark affixed pursuant to paragraph (9); and it is prohibited for any person to remove such a mark until after the end of the period during which the motor vehicle is prohibited from being driven.