Chapter IX Special Rules on Procedures for Handling Violations
第九章 反則行為に関する処理手続の特例
Section 1 General Rules
第一節 通則
第百二十五条(通則)
In this Chapter, the term "violation" means conduct constituting an offense as referred to in the preceding Chapter which is set forth in the left-hand column of Appended Table 2 and which the driver of a vehicle or streetcar has engaged in; Cabinet Order provides for the different categories thereof.
In this Chapter, the term "violator" means a person other than as referred to in one of the following items who commits a violation:
この章において「反則者」とは、反則行為をした者であつて、次の各号のいずれかに該当する者以外のものをいう。
a person who has not been issued a driver's license under laws and regulations for the vehicle or streetcar (excluding a specified small motorized bicycle or light road vehicle) associated with the violation (this includes a person whose license is under a suspension pursuant to laws and regulations and excludes a person with an International Driving Permit or license who is permitted by Article 107-2 to drive the vehicle or streetcar using that permit or license) or a person who is prohibited from driving the motor vehicle associated with the violation pursuant to Article 85, paragraphs (5) through (10);
当該反則行為に係る車両等(特定小型原動機付自転車等を除く。)に関し法令の規定による運転の免許を受けていない者(法令の規定により当該免許の効力が停止されている者を含み、第百七条の二の規定により国際運転免許証等で当該車両等を運転することができることとされている者を除く。)又は第八十五条第五項から第十項までの規定により当該反則行為に係る自動車を運転することができないこととされている者
a person who has committed the violation in question while driving a vehicle or streetcar in an intoxicated state or in a state as prescribed by Article 117-2, paragraph (1), item (iii), or a person who has committed it while driving a vehicle or streetcar (other than a light road vehicle that is not a bicycle) with alcohol in their system at or above the level that Cabinet Order prescribes which is referred to in Article 117-2-2, paragraph (1), item (iii);
当該反則行為をした場合において、酒に酔つた状態若しくは第百十七条の二第一項第三号に規定する状態で車両等を運転していた者又は身体に第百十七条の二の二第一項第三号の政令で定める程度以上にアルコールを保有する状態で車両等(自転車以外の軽車両を除く。)を運転していた者
a person who has caused a traffic accident by committing the violation in question.
a person under 16 years of age.
十六歳未満の者
In this Chapter, the term "penalty" means an amount of money that a violator is required to pay to the State when seeking to apply this Chapter; Cabinet Order provides for the amounts of penalties associated with different categories of violation, within the scope of what is prescribed in Appended Table 2.
Section 2 Notice to Appear and Notice of Findings
第二節 告知及び通告
第百二十六条(告知)
Except in one of the following cases, when finding a person to be a violator, a police officer must promptly notify that person in writing via a document, of the essential facts constituting the violation, the category of violation, and the date and place for the person to appear in order to be issued a notice of findings as under the first sentence of paragraph (1) of the following Article; provided, however, this does not apply to notifying the person of the date and place to appear if the police officer finds it unnecessary for the person to appear:
if the person's residence or name is unclear; or
その者の居所又は氏名が明らかでないとき。
if the person is likely to flee.
その者が逃亡するおそれがあるとき。
The document referred to in the preceding paragraph must include the necessary information to allow the person to understand the procedures provided for in this Chapter.
前項の書面には、この章に定める手続を理解させるため必要な事項を記載するものとする。
Having notified a person as under paragraph (1), a police officer must report this to the chief of the prefectural police having jurisdiction over the place where the violation of which the officer has notified the person was committed; provided, however, that, having notified a person found to have committed a violation in an area outside the jurisdiction of the prefectural police to which the police officer belongs based on Article 60-2 or Article 66, paragraph (2) of the Police Act, the police officer must report having so notified the person to the chief of the prefectural police to which the officer belongs.
On finding a person to be a violator who has committed an offense as prescribed in Article 119-2-4, paragraph (1) or (3), or Article 119-3, paragraph (1), items (i) through (iv) or paragraph (3), a traffic patrol officer as prescribed in Article 114-4, paragraph (1) is to notify the person in accordance with paragraph (1) and after doing so, to report in accordance with the preceding paragraph.
第百十四条の四第一項に規定する交通巡視員は、第百十九条の二の四第一項若しくは第三項又は第百十九条の三第一項第一号から第四号まで若しくは第三項の罪に当たる行為をした反則者があると認めるときは、第一項の例により告知するものとし、当該告知をしたときは、前項の例により報告しなければならない。
第百二十七条(通告)
Following receipt of a report as referred to in paragraph (3) or (4) of the preceding Article, on finding that the person who has been issued the reported notice to appear has committed a violation belonging to the category of which the person has been notified, the chief of the prefectural police is to issue written notice to that person clearly indicating the reasons for the finding and notifying the person to pay the penalty for that category of violation. In doing so, unless the person has appeared on the date and at the place indicated in the notice to appear or has made a provisional payment under Article 129, paragraph (1), the chief of the prefectural police is to also notify the person to pay the necessary costs for sending the written notice of findings.
Following receipt of a report as referred to in paragraph (3) or (4) of the preceding Article, on finding that the person who has been issued the reported notice to appear has not committed a violation belonging to the category of which the person has been notified, the chief of the prefectural police is to promptly issue written notice to that person clearly indicating the reasons for the finding. In such a case, if the chief of the prefectural police finds that the person issued the reported notice to appear has committed a violation belonging to a category other than that of which the person has been notified, the chief is to issue written notice to that person clearly indicating the reasons for the finding and notifying the person to pay the penalty for that category of violation.
Notice of findings under paragraph (1) is to be issued on or promptly after the date that follows the final day in the period provided for in Article 129, paragraph (1).
Section 3 Payment and Provisional Payment of Penalties
第三節 反則金の納付及び仮納付
Article 128Payment of Penalties
第百二十八条(反則金の納付)
The penalty of which a person is notified as under paragraph (1) or the second sentence of paragraph (2) of the preceding Article (or the penalty and the necessary costs for sending the written notice of findings, for a person notified as under the second sentence of paragraph (1) of that Article; the same applies hereinafter in this Article) must be paid to the national government within 10 days, counting from the day after that on which the person is so notified (or, if the person is unable to pay the penalty within that period due compelling circumstances that Cabinet Order prescribes, within 10 days counting from the day after that on which the circumstances cease to exist) pursuant to Cabinet Order.
A person paying a penalty pursuant to the preceding paragraph is not subject to prosecution, nor is that person subject to being brought before the family court for trial, in connection with a case involving the conduct constituting the reasons for the finding of which the person has been notified.
Article 129Provisional Payments
第百二十九条(仮納付)
A person who has been notified to appear as under Article 126, paragraph (1) or paragraph (4) may provisionally pay an amount equivalent to the penalty for the category to which the violation of which the person has been notified belongs within seven days, counting from the day after that on which the person is so notified, pursuant to Cabinet Order; provided, however, that this does not apply after receipt of a notice of findings as under the first sentence of Article 127, paragraph (2).
A person who has made a provisional payment under the preceding paragraph may be issued a notice of findings as under the first sentence of Article 127, paragraph (1) by public notice, pursuant to Cabinet Order.
If a person who has made a provisional payment under paragraph (1) is issued a notice of findings as under the first sentence of Article 127, paragraph (1) in connection with the notice to appear in respect of which the person has made the provisional payment, that person is deemed to be a person who has paid the penalty detailed in the notice of findings pursuant to paragraph (1) of the preceding Article, and the person's provisional payment of an amount equivalent to that penalty is deemed to be the payment of the penalty under that paragraph.
Having issued a notice of findings as under the first sentence of Article 127, paragraph (2) to a person who has made a provisional payment under paragraph (1), the chief of the prefectural police must promptly return an amount of money equivalent to the provisional payment to that person.
Article 129-2Special Rules on Timeframes
第百二十九条の二(期間の特例)
If the last day of a period as provided in Article 128, paragraph (1), or in paragraph (1) of the preceding Article falls on a Sunday or any other day that Cabinet Order prescribes, the following day is deemed to be the last day of the period in question.
Section 4 Criminal Cases against Violators
第四節 反則者に係る刑事事件等
Article 130Criminal Cases against Violators
第百三十条(反則者に係る刑事事件)
A violator is not subject to prosecution, nor is a violator subject to being brought before the family court for trial, in connection with a case involving the violation in question unless it is after the violator has been issued a notice of findings pursuant to Article 127, paragraph (1) or the second sentence of paragraph (2), notifying the violator to pay the penalty for the category to which the violation belongs, and after the period provided for in Article 128, paragraph (1) has ended; provided, however, that this does not apply if:
the violator was not notified to appear as under Article 126, paragraph (1) or (4) because the circumstances fell under a category of case as set forth in one of the items of Article 126, paragraph (1); or
the violator could not be notified to appear as under Article 126, paragraph (1) or (4) or could not be notified of the findings as under Article 127, paragraph (1) or the second sentence of paragraph (2) because the violator refused to receive the document or because the violator's residence was unknown.
Article 130-2Juvenile Protection Cases Involving Violators
第百三十条の二(反則者に係る保護事件)
On finding it to be appropriate to do so after having begun a trial in a case that involves a notice of findings as prescribed in the main clause of the preceding Article, the family court may issue instructions for the payment of a penalty, specifying a due date for the same. Notwithstanding Article 125, paragraph (3), in such a case, the amount of the penalty is the amount that the family court fixes, within the scope of what is prescribed in Appended Table 2.
Notice of instructions under the preceding paragraph is to be issued in writing, and the document in which that notice is issued must state the due date and the amount of the penalty that has been fixed pursuant to that paragraph.
Article 128 applies mutatis mutandis to the payment of a penalty subject to instructions under paragraph (1). In such a case, the phrase "within 10 days, counting from the day after that on which the person is so notified" in paragraph (1) of that Article is deemed to be replaced with "by the due date fixed pursuant to Article 130-2, paragraph (1)".
第百二十八条の規定は、第一項の規定による指示に係る反則金の納付について準用する。この場合において、同条第一項中「当該通告を受けた日の翌日から起算して十日以内」とあるのは、「第百三十条の二第一項の規定により定められた期限まで」と読み替えるものとする。
Section 5 Miscellaneous Provisions
第五節 雑則
Article 131Delegation of Authority to the Chief of Area Headquarters
第百三十一条(方面本部長への権限の委任)
Administrative processes falling within the authority of the chief of the Hokkaido police pursuant to this Chapter may be delegated to the chief of area headquarters, pursuant to Cabinet Order.
この章の規定により道警察本部長の権限に属する事務は、政令で定めるところにより、方面本部長に行なわせることができる。
Article 132Delegation to Cabinet Order
第百三十二条(政令への委任)
Beyond what is prescribed in this Chapter, Cabinet Order provides for the information required to be given in a document as prescribed in Article 126, paragraph (1), or Article 127, paragraph (1) or (2), and for other necessary particulars concerning the implementation of this Chapter.