Section 12 Prohibition against Driving Improperly Maintained Vehicles; Related Considerations
第十二節 整備不良車両の運転の禁止等
Article 62Prohibition against Driving Improperly Maintained Vehicles
第六十二条(整備不良車両の運転の禁止)
A user of a vehicle or streetcar or any other person responsible for maintaining the equipment of a vehicle or streetcar, or a driver, must not cause to be driven, or drive, a vehicle or streetcar whose equipment fails to conform to what is prescribed in Chapter III of the Road Transport Vehicle Act or an order under it (or, for a motor vehicle used by the Self-Defense Forces to which the provisions of that Act do not apply, what is established by the Minister of Defense under Article 114, paragraph (2) of the Self-Defense Forces Act (Act No. 165 of 1954); the same applies hereinafter) or in Article 14 of the Act on Rail Tracks or an order under it, and which is therefore likely to cause a traffic hazard or be a nuisance to others (referred to as an "improperly maintained vehicle" in paragraph (1) of the following Article and Article 71-4-2, paragraph (2), item (i)).
Article 63Vehicle Inspections; Other Measures
第六十三条(車両の検査等)
When a vehicle found to be an improperly maintained vehicle (excluding a light road vehicle; the same applies hereinafter in this Article) is being driven, a police officer may stop the vehicle, require the driver of the vehicle to present the motor vehicle inspection certificate and other documents that Cabinet Order prescribes and the records made by the operating status recording device (meaning a device for recording the information necessary for confirming the operating status prescribed in Article 41, paragraph (2) of the Road Transport Vehicle Act; the same applies in Article 63-2-2), and inspect the equipment of the vehicle. In this case, if the police officer finds it necessary to take measures to put those records into a state in which they can be recognized by human sight or hearing, the officer may request the person who manufactured or imported the vehicle or other relevant persons to take those measures.
警察官は、整備不良車両に該当すると認められる車両(軽車両を除く。以下この条において同じ。)が運転されているときは、当該車両を停止させ、並びに当該車両の運転者に対し、自動車検査証その他政令で定める書類及び作動状態記録装置(道路運送車両法第四十一条第二項に規定する作動状態の確認に必要な情報を記録するための装置をいう。第六十三条の二の二において同じ。)により記録された記録の提示を求め、並びに当該車両の装置について検査をすることができる。この場合において、警察官は、当該記録を人の視覚又は聴覚により認識することができる状態にするための措置が必要であると認めるときは、当該車両を製作し、又は輸入した者その他の関係者に対し、当該措置を求めることができる。
In a case as referred to in the preceding paragraph, a police officer may order the driver of the vehicle to take the necessary stop-gap measures to prevent a road hazard or otherwise ensure traffic safety or to prevent the vehicle from being a nuisance to others; if it is found not to be possible to effect the necessary maintenance on a vehicle through stop-gap measures alone (hereinafter such a vehicle is referred to in this Article as a "malfunctioning vehicle"), the police officer may issue an order prohibiting the driver from continuing to drive the malfunctioning vehicle.
Notwithstanding the preceding Article, a police officer may grant permission for a person to drive a malfunctioning vehicle on a specified section and route of travel on finding, in a case as referred to in the preceding paragraph, that there is nothing to prevent this in terms of the degree of improper maintenance on the malfunctioning vehicle and road or traffic conditions, but only so far as is necessary for the malfunctioning vehicle to undergo maintenance, and may attach other conditions necessary to prevent road hazards or to prevent the malfunctioning vehicle from being a nuisance to others. In such a case, a police officer must issue a permit.
When a police officer has taken measures under paragraph (2), the officer must issue to the driver of the malfunctioning vehicle a document stating the matters requiring maintenance on that malfunctioning vehicle, and must attach a mark in an easily visible place on the front of the malfunctioning vehicle.
Having taken a measure under the preceding paragraph, a police officer must report this to the competent police station chief over the place where the measure was taken.
警察官は、前項の措置をとつたときは、その旨を当該措置をとつた場所を管轄する警察署長に報告しなければならない。
Upon receiving a report as referred to in the preceding paragraph, the chief of the police station must notify the Director of the District Transport Bureau with jurisdiction over the base of operations of the malfunctioning vehicle of the information that Cabinet Office Order/Order of the Ministry of Land, Infrastructure, Transport and Tourism prescribes.
It is prohibited for any person to damage or deface a mark attached pursuant to paragraph (4); it is also prohibited for any person to remove such a mark until after the chief of the nearest police station or the administrative agency with authority over matters relating to vehicle maintenance confirms, through procedures that Cabinet Office Order/Order of the Ministry of Land, Infrastructure, Transport and Tourism prescribes, that the necessary maintenance of the malfunctioning vehicle has been carried out.
Cabinet Office Order/Order of the Ministry of Land, Infrastructure, Transport and Tourism provides for the format of permits as referred to in paragraph (3), the format of documents issued to the driver of a malfunctioning vehicle pursuant to paragraph (4), and the format of marks as referred to in that paragraph.
Article 63-2Tachograph Records; Related Considerations
第六十三条の二(運行記録計による記録等)
It is prohibited for the user of a motor vehicle or any other person responsible for maintaining its equipment to allow a person to drive that motor vehicle if it is required to be equipped with a tachograph pursuant to Chapter III of the Act on Vehicles for Road Transportation or an order based on the same, but is either not equipped with a tachograph or is equipped with one that is uncalibrated and therefore unable to record the information prescribed in that Chapter; and it is also prohibited for a driver to drive such a motor vehicle.
The user of a motor vehicle required to be equipped with a tachograph as referred to in the preceding paragraph must keep the records made by the tachograph regarding that motor vehicle on file for a period of one year, pursuant to Cabinet Office Order.
Article 63-2-2Records Made by Operating Status Recording Devices; Related Considerations
第六十三条の二の二(作動状態記録装置による記録等)
A user of a motor vehicle or any other person responsible for maintaining the equipment of a motor vehicle, or a driver, must not cause to be driven, or drive, a motor vehicle equipped with an automated operation device for which the operating status recording device cannot accurately record the information necessary for confirming the operating status prescribed in Article 41, paragraph (2) of the Road Transport Vehicle Act.
A user of a motor vehicle equipped with an automated operation device must retain the record recorded by the operating status recording device, as Cabinet Office Order prescribes.
Section 13 Special Rules for Bicycle Traffic
第十三節 自転車の交通方法の特例
Article 63-3Traffic Distribution on Bicycle Paths
第六十三条の三(自転車道の通行区分)
When on a road with a bicycle path, a person riding a bicycle whose body size and structure conforms to the standards that Cabinet Office Order prescribes (hereinafter referred to in this Section as "standard bicycle") and that is not towing another vehicle must proceed down the bicycle path, except when crossing a part of the roadway other than the bicycle path or unless road conditions or other circumstances compel the rider to do otherwise.
Article 63-4Riding Standard Bicycles on Sidewalks
第六十三条の四(普通自転車の歩道通行)
Notwithstanding Article 17, paragraph (1), a standard bicycle may be ridden on a sidewalk in the following cases; provided, however, that this does not apply if an officer instructs a person riding a standard bicycle not to ride on the sidewalk, having found it necessary to do so in order ensure the safety of pedestrians:
if standard bicycles are permitted by road signs or markings to be ridden on the sidewalk;
if the person riding the standard bicycle is an elementary schooler, child not yet of school age, or any other person that Cabinet Order prescribes for whom riding a standard bicycle on a roadway is considered to be dangerous;
if, beyond as set forth in the preceding two items, roadway or traffic conditions are found to provide compelling circumstances for the person riding the standard bicycle to ride on the sidewalk so as to ensure safe progress.
In a case as referred to in the preceding paragraph, a person riding a standard bicycle must ride at reduced speed when on the part of the sidewalk between the center and the roadway (or the part of the sidewalk that road signs or markings designate as that on which standard bicycles are required to be ridden (hereinafter referred to in this paragraph as the "part of the sidewalk for use by standard bicycles"), if any), and must come to a stop if the bicycle's progress would prevent pedestrians from proceeding; provided, however, that, if there are no pedestrians proceeding down or about to enter the part of the sidewalk for use by standard bicycles, the person riding a standard bicycle may travel down that part of the sidewalk at a safe speed and in a safe manner, in keeping with sidewalk conditions.
Article 63-5Standard Bicycles Traveling Abreast of Each Other
第六十三条の五(普通自転車の並進)
Notwithstanding Article 19, if permitted by road signs or markings, a person riding a standard bicycle may ride abreast of a person riding another standard bicycle; provided, however, that this does not apply it would result in three or more standard bicycles riding abreast of one another.
Article 63-6Crossing Roads on a Bicycle
第六十三条の六(自転車の横断の方法)
Article 63-7Traffic Rules for Bicycles at Intersections
第六十三条の七(交差点における自転車の通行方法)
Notwithstanding Article 17, paragraph (4), Article 34, paragraphs (1), and (3) and Article 35-2, and beyond as prescribed in the preceding Article, when proceeding through an intersection in the vicinity of a bicycle crossing lane, a person riding a bicycle must use the bicycle crossing lane.
If there are road markings at or immediately in front of an intersection prohibiting standard bicycles from proceeding into the intersection, a person riding a standard bicycle must not go past those road markings and enter that intersection.
Article 63-8Bicycle Traffic Instructions
第六十三条の八(自転車の通行方法の指示)
An officer may instruct a person riding a bicycle that is proceeding in violation of Article 63-6 or paragraph (1) of the preceding Article to comply with the traffic rules prescribed therein, and may instruct a person riding a standard bicycle that is proceeding in violation of paragraph (2) of that Article to travel on the sidewalk.
Article 63-9Bicycle Braking Equipment; Other Equipment
第六十三条の九(自転車の制動装置等)
A person must not ride a bicycle that is likely to pose a traffic hazard because it lacks braking equipment that conforms to the standards Cabinet Office Order prescribes.
A person must not ride a bicycle at night (or as prescribed in the second sentence of Article 52, paragraph (1)) if it lacks reflective equipment that conforms to the standards Cabinet Office Order prescribes; provided, however, that this does not apply if a bicycle has taillights turned on pursuant to the first sentence of Article 52, paragraph (1).
Article 63-10Bicycle Inspections; Other Measures
第六十三条の十(自転車の検査等)
When a bicycle is being ridden that could be found likely to cause a traffic hazard due to the absence of braking equipment that complies with the standards Cabinet Office Order prescribes which are referred to in paragraph (1) of the preceding Article, a police officer may stop that a bicycle and inspect its braking equipment.
In a case as referred to in the preceding paragraph, a police officer may order the person riding the bicycle to take the necessary stop-gap measures to prevent a road hazard or otherwise ensure traffic safety; if it is found not to be possible to effect the necessary maintenance on the bicycle through stop-gap measures alone, a police officer may issue an order prohibiting the person riding the bicycle from continuing to ride it.
Article 63-11Rules to Be Observed by Bicycle Drivers and Others
第六十三条の十一(自転車の運転者等の遵守事項)
Persons responsible for the protection of an elementary schooler or a child not yet of school age must endeavor to make that elementary schooler or child not yet of school age wear a helmet when the elementary schooler or child rides a bicycle.