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。