Chapter V Road Use; Related Considerations
第五章 道路の使用等
Section 1 Activities Prohibited on Roads; Related Considerations
第一節 道路における禁止行為等
Article 76Prohibited Activities
第七十六条(禁止行為)
It is prohibited for any person to install a traffic light, a road sign or marking, or any similar structure or object on any road without due cause.
It is prohibited for any person to install any structure or object that impairs the utility of traffic lights or road signs or markings on a road.
It is prohibited for any person to place an object on a road in a manner that obstructs traffic, without due cause.
何人も、交通の妨害となるような方法で物件をみだりに道路に置いてはならない。
It is prohibited for any person to:
何人も、次の各号に掲げる行為は、してはならない。
lie down, sit down, crouch, or stand on a road in a manner that obstructs traffic;
道路において、交通の妨害となるような方法で寝そべり、すわり、しやがみ、又は立ちどまつていること。
play with a ball or roller-skates or engage in any similar activity on a road with a large amount of traffic;
交通のひんぱんな道路において、球戯をし、ローラー・スケートをし、又はこれらに類する行為をすること。
throw or launch a stone, glass bottle, piece of metal, or other object likely to harm a person or a vehicle or streetcar that is on a road;
石、ガラスびん、金属片その他道路上の人若しくは車両等を損傷するおそれのある物件を投げ、又は発射すること。
throw an object from a vehicle or streetcar traveling down a road, other than as set forth in the preceding item;
jump into or out of or onto or off of the exterior of a motor vehicle, trolleybus, or streetcar that is traveling down the road at the time; and
engage in any conduct specified by a public safety commission as likely to cause a road traffic hazard or an extreme obstruction to traffic due to road or traffic conditions, other than as set forth in the preceding items.
Article 77Permission for Road Use
第七十七条(道路の使用の許可)
A person as referred to in one of the following items must obtain permission from the chief of the police station with jurisdiction over the place where the activity set forth in the relevant item would take place (hereinafter referred to as the "competent police station chief" in this Section; if the location of the activity would be under the jurisdiction of two or more chiefs of police under the management of the same public safety commission, the person must obtain permission from one of the competent police station chiefs; the same applies hereinafter in this Section):
次の各号のいずれかに該当する者は、それぞれ当該各号に掲げる行為について当該行為に係る場所を管轄する警察署長(以下この節において「所轄警察署長」という。)の許可(当該行為に係る場所が同一の公安委員会の管理に属する二以上の警察署長の管轄にわたるときは、そのいずれかの所轄警察署長の許可。以下この節において同じ。)を受けなければならない。
a person seeking to do road construction or roadwork, or the contractor for that construction or work;
道路において工事若しくは作業をしようとする者又は当該工事若しくは作業の請負人
a person seeking to erect a stone monument, bronze statue, advertising board, arch, or similar structure on a road;
道路に石碑、銅像、広告板、アーチその他これらに類する工作物を設けようとする者
a person seeking to open an outdoor booth, food stall, or similar shop on a road in a permanent location; and
場所を移動しないで、道路に露店、屋台店その他これらに類する店を出そうとする者
a person, other than as set forth in the preceding items, seeking to undertake an activity such as holding a festival or filming on location on a road which would involve persons using the road by passing down it in a configuration or manner that would have a serious effect on public traffic, or seeking to undertake an activity that would cause people to gather and thereby have a serious effect on public traffic, if the public safety commission prescribes that activity as one for which a person must obtain permission, having found that this is necessary, based on area road or traffic conditions, in order to prevent road hazards or to otherwise ensure the safety and fluidity of traffic.
If a person has applied for the permission referred to in the preceding paragraph and the activity that the application is for is as referred to in one of the following items, the competent police station chief must permit the activity:
it is found to be unlikely to obstruct traffic;
当該申請に係る行為が現に交通の妨害となるおそれがないと認められるとき。
it is found to be unlikely to obstruct traffic if it is undertaken in accordance with conditions attached to the permission; or
当該申請に係る行為が許可に付された条件に従つて行なわれることにより交通の妨害となるおそれがなくなると認められるとき。
it is likely to obstruct traffic, but the public interest or custom serves as a compelling circumstance.
当該申請に係る行為が現に交通の妨害となるおそれはあるが公益上又は社会の慣習上やむを得ないものであると認められるとき。
On finding it to be necessary to do so, the competent police station chief who gives permission under paragraph (1) may attach to the permission the necessary conditions to prevent road hazards or otherwise ensure the safety and fluidity of traffic, unless the activity to which the permission pertains falls under item (i) of the preceding paragraph.
The competent police station chief may make changes or add to the conditions attached pursuant to the preceding paragraph, if it becomes particularly necessary to do so in order to prevent road hazards or otherwise ensure the safety and fluidity of traffic.
If a person that has obtained the permission under paragraph (1) violates a condition under the preceding two paragraphs or if it becomes particularly necessary to do so in order to prevent road hazards or otherwise ensure the safety and fluidity of traffic, the competent police station chief may revoke the permission or suspend its validity.
Before taking a measure under the preceding paragraph with regard to a person that has violated a condition under paragraph (3) or (4), the competent police station chief must first notify the person of the date, time, and place for giving an explanation and the reason that the measure would be taken, as well as providing the person with an opportunity to submit an explanation of the matter at issue and evidence in the person's favor; provided, however, that this does not apply if circumstances urgently compel that the competent police station chief do otherwise in order to prevent a traffic hazard.
A person that has obtained permission pursuant to paragraph (1) must promptly remove the structure or take other measures to restore the road to its original state if the period of the permission is of limited duration and expires, or if the permission is revoked pursuant to paragraph (5).
Article 78Procedures for Permission
第七十八条(許可の手続)
A person seeking the permission under paragraph (1) of the preceding Article must submit a written application to the competent police station chief, giving the information that Cabinet Office Order prescribes.
If the activity to which permission under paragraph (1) of the preceding Article pertains is subject to Article 32, paragraph (1) or (3) of the Road Act, the written application referred to in the preceding paragraph may be submitted via the administrator of the road in question. In such a case, the administrator of the road in question must promptly send the written application to the competent police station chief.
The competent police station chief must issue a permit upon granting the permission under paragraph (1) of the preceding Article.
A person issued a permit under the preceding paragraph must file with the competent police station chief if a piece of information written on the permit changes, and have the chief enter the information following the change on the permit.
A person issued a permit pursuant to paragraph (3) may apply to the competent police station chief for its reissuance if it is lost, damaged, or defaced.
Cabinet Office Order provides for the format for written applications as referred to in paragraph (1), the format for permits as referred to in paragraph (3), and other necessary details of the procedures for permission referred to in paragraph (1) of the preceding Article.
Article 79Consultation with Road Administrators
第七十九条(道路の管理者との協議)
Before granting the permission under Article 77, paragraph (1), if the activity to which the permission pertains is subject to Article 32, paragraph (1) or (3) of the Road Act, the competent police station chief must first consult with the administrator of the road in question.
Article 80Special Rules for Road Administrators
第八十条(道路の管理者の特例)
Notwithstanding Article 77, paragraph (1), before undertaking construction or work to maintain, repair, or otherwise manage a road, it is sufficient for a road administrator under the Road Act to hold consultations with the competent police station chief.
Cabinet Office Order/Order of the Ministry of Land, Infrastructure, Transport and Tourism prescribes the necessary particulars regarding the consultations referred to in the preceding paragraph.
前項の協議について必要な事項は、内閣府令・国土交通省令で定める。
Section 2 Hazard Prevention and Other Such Measures
第二節 危険防止等の措置
Article 81Measures for Illegal Structures and Objects
第八十一条(違法工作物等に対する措置)
The chief of a police station may order a person as referred to in one of the following items to remove, move, or repair the structure or object (hereinafter referred to in this Section as a "structure or object") that is involved in the referenced violation, discontinue the construction or work (hereinafter referred to in this Section as "construction or work") that is involved in the referenced violation, or take other necessary measures in connection with the structure or object or construction or work that is involved in the referenced violation, in order to prevent a road hazard or eliminate a traffic obstruction:
警察署長は、次の各号のいずれかに該当する者に対し、当該違反行為に係る工作物又は物件(以下この節において「工作物等」という。)の除去、移転又は改修、当該違反行為に係る工事又は作業(以下この節において「工事等」という。)の中止その他当該違反行為に係る工作物等又は工事等について、道路における危険を防止し、又は交通の妨害を排除するため必要な措置をとることを命ずることができる。
a person erecting or placing a structure or object in violation of Article 76, paragraph (1) or (2);
a person placing an object in violation of Article 76, paragraph (3);
第七十六条第三項の規定に違反して物件を置いた者
a person erecting or placing a structure or object or undertaking construction or work in violation of Article 77, paragraph (1);
a person violating a condition attached by the competent police station chief under Article 77, paragraph (3) or (4); or
a person failing to remove a structure or object or to take other measures to restore the road to its original state, in violation of Article 77, paragraph (7).
If unable to ascertain the name and address of the person set forth in item (i), (ii), or (iii) of the preceding paragraph, and if therefore unable to order that person to take the measures under the preceding paragraph, the chief of the police station may personally take the measures. In such a case, if the chief of the police station removes a structure or object, the chief must store it as its custodian.
Having come to store a structure or object pursuant to the second sentence of the preceding paragraph, the chief of a police station must issue public notice of the information that Cabinet Order prescribes or take other necessary measures that Cabinet Order prescribes to return the structure or object to the person in possession or owner of the structure or object or to any other person holding title to the structure or object (hereinafter referred to in this Article and Article 82 as the "person in possession, owner, or holder of title").
If a structure or object stored pursuant to paragraph (2) is likely to be lost or damaged, or if such a structure or object remains unreturned three months after the date of public notice as under the preceding paragraph and the cost or effort required to store it is unreasonable compared to its value as appraised pursuant to Cabinet Order, the chief of the police station may sell the structure or object and store the proceeds of the sale as the custodian thereof, pursuant to Cabinet Order.
If there is no purchaser for a structure or object in a sale as under the preceding paragraph and the value of the structure or object as prescribed in that paragraph is very low, the chief of the police station may dispose of it.
The proceeds of a sale undertaken pursuant to paragraph (4) may be allocated to cover the expenses required to conduct that sale.
第四項の規定により売却した代金は、売却に要した費用に充てることができる。
The expenses required for things such as the removal, moving, repair, retention, sale, and public notice in connection with a structure or object as prescribed in paragraphs (2) through (4) are borne by the person in possession, owner, or holder of title to whom the structure or object should be returned.
第二項から第四項までに規定する工作物等の除去、移転、改修、保管、売却、公示等に要した費用は、当該工作物等の返還を受けるべき占有者等の負担とする。
The chief of the police station must set the amount, due date, and place for payment of the charges payable by the person in possession, owner, or holder of title pursuant to the preceding paragraph, and must issue a written order to that person to pay them.
If a person ordered to make a payment pursuant to the preceding paragraph fails to do so before the due date, the chief of the police station must issue a written demand that fixes the due date for payment. In such a case, the chief of the police station may collect a fine for delinquency of up to the amount calculated as representing 14.5 percent per annum of the charges payable, and may collect a fee for the necessary costs of issuing the demand.
警察署長は、前項の規定により納付を命ぜられた者が納付の期限を経過しても負担金を納付しないときは、督促状によつて納付すべき期限を指定して督促しなければならない。この場合において、警察署長は、負担金につき年十四・五パーセントの割合により計算した額の範囲内の延滞金及び督促に要した手数料を徴収することができる。
If a person subject to a demand under the preceding paragraph fails to pay the charges, fines for delinquency, or fees referred to in the second sentence of that paragraph (hereinafter referred to in this Article as "charges, fines, or fees") by the fixed due date, the chief of the police station may collect the charges, fines, or fees based on the rules governing measures to collect local tax arrears. In such a case, the charges, fines, or fees follow national taxes and local taxes in order of priority as concerns statutory liens.
Charges, fines, and fees paid and collected are the revenue of the prefecture where the police station is located.
納付され、又は徴収された負担金等は、当該警察署の属する都道府県の収入とする。
If a structure or object stored pursuant to paragraph (2) (or the proceed of its sale pursuant to paragraph (4); the same applies hereinafter in this paragraph) remains unreturned six months after the date of the public notice prescribed in paragraph (3), ownership of the structure or object vests in the prefecture where the police station is located.
Article 81-2Measures for Spilled Loads
第八十一条の二(転落積載物等に対する措置)
If a load carried by a vehicle or streetcar that falls or is scattered onto a road (hereinafter referred to in this Article and Article 83 as a "spilled load") is likely to cause a traffic hazard on the road or a serious obstruction to traffic, the chief of a police station may order the person in possession or owner of the spilled load or any other person holding title to the spilled load (referred to as "person in possession, owner, or holder of title to the spilled load" in the following paragraph) to remove the spilled load or to take other necessary measures with the spilled load to prevent a road hazard or ensure that traffic runs smoothly.
If unable to ascertain the name and address of the person in possession, owner, or holder of title to a spilled load in a case as referred to in the preceding paragraph, and if therefore unable to order that person to take the measures under that paragraph, the chief of the police station may personally take those measures. In such a case, if the chief of the police station removes the spilled load, the chief must retain it as its custodian.
前項の場合において、当該転落積載物等の占有者等の氏名及び住所を知ることができないため、これらの者に対し、同項の規定による措置を採ることを命ずることができないときは、警察署長は、自ら当該措置を採ることができる。この場合において、転落積載物等を除去したときは、警察署長は、当該転落積載物等を保管しなければならない。
The provisions of paragraphs (3) through (12) of the preceding Article apply mutatis mutandis to spilled loads subject to measures under the preceding paragraph.
前条第三項から第十二項までの規定は、前項の規定による措置に係る転落積載物等について準用する。
Article 82Measures to Prevent Hazards Posed by Roadside Structures and Objects
第八十二条(沿道の工作物等の危険防止措置)
If a structure or object erected or placed on roadside land is likely to pose a road traffic hazard or a serious obstruction to traffic, the chief of a police station may order the person in possession, owner, or holder of title to the structure or object to remove it or take other necessary measures to prevent road traffic hazards or ensure that traffic runs smoothly.
If unable to ascertain the name or address of the person in possession, owner, or holder of title to the structure or object in a case as referred to in the preceding paragraph, and if therefore unable to take the measures under that paragraph, the chief of the police station may personally take the measures. In such a case, if the chief of the police station removes the structure or object, the chief must store it as its custodian.
Article 81, paragraphs (3) through (12) apply mutatis mutandis to the retention prescribed in the second sentence of the preceding paragraph.
第八十一条第三項から第十二項までの規定は、前項後段の規定による保管について準用する。
Article 83Stop-Gap Measures for Structures and Objects
第八十三条(工作物等に対する応急措置)
If a structure or object erected or placed on a road or roadside land or a spilled load is likely to cause a serious toad traffic hazard or an obstruction to traffic, and if a police officer finds it to be urgently necessary to do so, that officer may remove, move, or take other stop-gap measures regarding the structure or object or the spilled load, but only so far as is necessary to prevent a road traffic hazard or eliminate a traffic obstruction.
In a case as referred to in the preceding paragraph, having removed the structure or object or spilled load, a police officer must hand it over to the chief of the police station with jurisdiction over the place where the structure or object was erected or placed or where the spilled load was located. In such a case, the chief of the police station must store the structure or object or spilled load as its custodian.
Article 81, paragraphs (3) through (12) apply mutatis mutandis to the storage prescribed in the preceding paragraph.
第八十一条第三項から第十二項までの規定は、前項の規定による保管について準用する。