Article 74-3Primary and Deputy Driving Safety Supervisors
第七十四条の三(安全運転管理者等)
A motor vehicle user (excluding a motor carrier under the Road Transportation Act (Act No. 183 of 1951) (excluding a person who operates a light motor vehicle cargo transportation business under the Motor Truck Transportation Business Act (Act No. 83 of 1989); the same applies hereinafter), a person who operates a Type II consigned freight forwarding business under the Consigned Freight Forwarding Business Act, and a person who has received registration under Article 79 of the Road Transportation Act; the same applies hereinafter in this Article) must, for each base of use of not less than the number of motor vehicles that Cabinet Office Order prescribes, appoint a driving safety supervisor, as the person to perform the duties referred to in the following paragraph, from among persons who satisfy the requirements that Cabinet Office Order prescribes with respect to age, experience in the management of motor vehicle driving, and other matters.
A driving safety supervisor must provide drivers engaged in the business activities of the user with the necessary traffic safety education to ensure that they drive motor vehicles safely, and undertake the necessary duties that Cabinet Office Order prescribes so that motor vehicles are driven safely (other than duties involved in the maintenance of motor vehicle equipment; the same applies in paragraph (1) of Article 75-2-2).
安全運転管理者は、自動車の安全な運転を確保するために必要な当該使用者の業務に従事する運転者に対して行う交通安全教育その他自動車の安全な運転に必要な業務(自動車の装置の整備に関する業務を除く。第七十五条の二の二第一項において同じ。)で内閣府令で定めるものを行わなければならない。
The traffic safety education referred to in the preceding paragraph must be provided in accordance with the traffic safety education guidelines referred to in Article 108-28, paragraph (1).
前項の交通安全教育は、第百八条の二十八第一項の交通安全教育指針に従つて行わなければならない。
For each place serving as the base of operations for not less than the number of motor vehicles that Cabinet Office Order prescribes, a motor vehicle user must appoint a deputy driving safety supervisor, pursuant to Cabinet Office Order, as a person to support the duties of the driving safety supervisor, from among those who meet the requirements that Cabinet Office Order prescribes with respect to age, experience in motor vehicle driving, and other particulars.
Within 15 days of appointing a driving safety supervisor or deputy driving safety supervisor (hereinafter referred to as a "primary or deputy driving safety supervisor"), a motor vehicle user must file the information that Cabinet Office Order prescribes with the public safety commission with jurisdiction over the motor vehicles' base of operations. The same applies if the user dismisses a primary or deputy driving safety supervisor.
If a primary or deputy driving safety supervisor no longer meets one of the requirements that Cabinet Office Order prescribes which is referred to in paragraph (1) or (4) or if the public safety commission finds that the driving safety supervisor has not ensured that the relevant motor vehicles will be driven safely because the supervisor has failed to observe paragraph (2), the public safety commission may order the motor vehicle user to dismiss the relevant primary or deputy driving safety supervisor.
A motor vehicle user must grant its driving safety supervisor the necessary authority to perform the duties referred to in paragraph (2), and must also provide the equipment necessary to perform the duties referred to in that paragraph.
When a public safety commission finds that safe driving of motor vehicles is not ensured because a motor vehicle user has failed to comply with the preceding paragraph, it may order the motor vehicle user to take the measures necessary to correct the situation.
If a motor vehicle user is notified by a public safety commission that it will hold the training set forth in Article 108-2, paragraph (1), item (i) for primary or deputy driving safety supervisors appointed by the user, the user must have its primary or deputy driving safety supervisor undergo that training.
自動車の使用者は、公安委員会からその選任に係る安全運転管理者等について第百八条の二第一項第一号に掲げる講習を行う旨の通知を受けたときは、当該安全運転管理者等に当該講習を受けさせなければならない。
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.
第七十五条の二
If a public safety commission issues an instruction as set forth in the left-hand column of the following Table to the user of a motor vehicle and if a violation set forth in the corresponding right-hand column of that Table is committed in a motor vehicle operated thereby within one year after the user is issued that instruction and the commission finds that the user's operation of such a motor vehicle is likely to cause an extreme traffic hazard, the public safety commission with jurisdiction over the motor vehicle's base of operations may order the user, in accordance with the standards that Cabinet Order prescribes, not to drive or allow any person to drive the motor vehicle for a period of up to three months that it fixes:
| Instructions issued to the commercial operator of the motor vehicle | Violation |
| Instructions under Article 22-2, paragraph (1) | Speed limit violation |
| Instructions under Article 58-4 | Driving a motor vehicle with an excessive load |
| Instructions under Article 66-2, paragraph (1) | Driving while overworked |
公安委員会が自動車の使用者に対し次の表の上欄に掲げる指示をした場合において、当該使用者に係る当該自動車につきその指示を受けた後一年以内にその指示の区分ごとに同表の下欄に掲げる違反行為が行われ、かつ、当該使用者が当該自動車を使用することについて著しく交通の危険を生じさせるおそれがあると認めるときは、当該自動車の使用の本拠の位置を管轄する公安委員会は、政令で定める基準に従い、当該使用者に対し、三月を超えない範囲内で期間を定めて、当該自動車を運転し、又は運転させてはならない旨を命ずることができる。
| 自動車の使用者に対する指示 | 違反行為 |
| 第二十二条の二第一項の規定による指示 | 最高速度違反行為 |
| 第五十八条の四の規定による指示 | 過積載をして自動車を運転する行為 |
| 第六十六条の二第一項の規定による指示 | 過労運転 |
If a public safety commission issues a payment order to the user of a vehicle to which a mark has been affixed pursuant to Article 51-4, paragraph (1) and if the operator had been issued any other payment order (other than one revoked pursuant to paragraph (16) of that Article) because of that vehicle within six months before the date on which the mark was affixed and the commission finds that the operator's operation of such a vehicle is likely to cause an extreme hazard or an obstruction to traffic, the public safety commission with jurisdiction over the vehicle's base of operations may order the operator, in accordance with the standards that Cabinet Order prescribes, not to drive or allow any other person to drive the vehicle for a period of up to three months that it fixes.
Paragraphs (3) through (11) of the preceding Article apply mutatis mutandis to orders issued pursuant to the preceding two paragraphs.
前条第三項から第十一項までの規定は、前二項の規定による命令について準用する。
Article 75-2-2Reporting; Submission of Materials
第七十五条の二の二(報告又は資料の提出)
On finding it to be necessary to do so for a base of motor vehicle operations at which a driving safety supervisor has been appointed in order to facilitate the needed traffic safety education to ensure that motor vehicles are driven safely and to otherwise facilitate the needed business activities for motor vehicles to be driven safely, a public safety commission may ask either the user of motor vehicles that has appointed the driving safety supervisor or the driving safety supervisor to report as necessary or submit the necessary materials.
On finding it to be necessary to do so in order to facilitate the proper operation of motor vehicles in terms of speed, parking, or loading, or the mental and physical condition of the driver, a public safety commission may ask a user of a motor vehicle to report as necessary or submit the necessary materials.