Supplementary Provisions
附 則
Supplementary Provisions, Article 1Effective Date
第一条(施行期日)
This Act (hereinafter referred to as the "New Act") comes into force within six months of its promulgation, on the date that Cabinet Order prescribes.
この法律(以下「新法」という。)は、公布の日から起算して六月をこえない範囲内において政令で定める日から施行する。
Supplementary Provisions, Article 2Repeal of the Road Traffic Control Act and Related Regulations
第二条(道路交通取締法等の廃止)
The Road Traffic Control Act (Act No. 130 of 1947; hereinafter referred to as the "Former Act") and the Order for Enforcement of the Road Traffic Control Act (Cabinet Order No. 261 of 1953; hereinafter referred to as the "Former Order") are hereby repealed.
道路交通取締法(昭和二十二年法律第百三十号。以下「旧法」という。)及び道路交通取締法施行令(昭和二十八年政令第二百六十一号。以下「旧令」という。)は、廃止する。
Supplementary Provisions, Article 4Interim Provisions
第四条(経過規定)
In a case as referred to in paragraph (1) or (2) of the preceding Article, if they are still in effect, restrictions on the type of motor vehicle and other such restrictions that a public safety commission has placed on a driver's license pursuant to the Former Order, as well as conditions that a public safety commission has attached to a driver's license or driver's permit pursuant to the Former Order are deemed to be conditions that a public safety commission has attached pursuant to the corresponding provisions of the New Act.
Supplementary Provisions, Article 6
第六条
To apply Article 99, paragraph (1) of the New Act to a person who, at the time the New Act comes into effect, holds a current certificate of graduation issued by a driver training center designated by a public safety commission as set forth in Article 53, paragraph (1), item (i) of the Former Order or a similar facility, and who has graduated less than one year previously, that person is deemed to hold a certificate of graduation issued by a designated driving school as set forth in Article 99, paragraph (1), item (i) of the New Act, and to have graduated from that designated driving school less than one year previously, until the end of the one-year period after the person's graduation from the facility in question.
Supplementary Provisions, Article 7
第七条
Beyond as prescribed in Article 3 of the Supplementary Provisions, if it is still in effect at the time the New Act comes into force, a prohibition or restriction on entry onto a road that a public safety commission has imposed pursuant to the Former Act or a revocation, suspension, or other such measure that a public safety commission has taken pursuant to the Former Act or the Former Order in respect of a driver's license or driver's permit is deemed to be a measure that a public safety commission has taken pursuant to the corresponding provisions of the New Act. This being the case, any period that has been fixed for that measure is to begin running on the date that the measure was first taken pursuant to the Former Act or Former Order.
Supplementary Provisions, Article 8
第八条
A pending application (other than an application for a small four-wheel motor vehicle license by a person under 18 years of age; the same applies hereinafter in this Article), filing, or other process involving a driver's license that has been undertaken with a public safety commission pursuant to the Former Act or the Former Order as of the time the New Act comes into force is deemed to be a process undertaken with a public safety commission pursuant to the corresponding provisions of the New Act. In such a case, if the public safety commission accepting an application for a driver's license, an application for re-issuance of a driver's license or driver's permit, or a filing to change information included on a driver's license or driver's permit does not have jurisdiction over the domicile of the person filing the application, it must pass on the documents connected with the process to the public safety commission having jurisdiction over that person's domicile, promptly after the New Act comes into force.
Supplementary Provisions, Article 9
第九条
A hearing or hearing proceedings that a public safety commission has held pursuant to Article 9, paragraph (6) of the Former Act (including as applied mutatis mutandis pursuant to Article 9-2, paragraph (4)) as of the time the New Act comes into effect is deemed to be a hearing or hearing proceedings that a public safety commission has held pursuant to Article 104 of the New Act, and the public safety commission holding the hearing or proceedings may take the measures under Article 103 of the New Act as regards the matter at issue that is subject to the hearing. This being the case, if the public safety commission taking the measures does not have jurisdiction over the domicile of the person subject to those measures, it must promptly notify the public safety commission having jurisdiction over the domicile of that person that it has taken those measures.
Supplementary Provisions, Article 10
第十条
To apply Article 90, paragraph (1) and Article 103, paragraph (2) (but only the part with a bearing on item (ii) of that paragraph) of the New Act, a person violating the Former Act, the Former Order, or a measure based on either of these in driving a motor vehicle or a motorized bicycle is deemed to be a person violating the corresponding provisions of the New Act or a measure based on those provisions.
Supplementary Provisions, Article 11
第十一条
If it is still in effect at the time the New Act comes into force, permission that the chief of a police station has granted or any other such measure that the chief of a police station has taken pursuant to the Former Act or the Former Order is deemed to be a measure that the chief of a police station has taken pursuant to the corresponding provisions of the New Act, and the permit associated with any such permission is deemed to be a permit under the corresponding provisions of the New Act. This being the case, any period that has been fixed for that measure is to begin running on the date that the measure was first taken pursuant to the Former Act or the Former Order.
Supplementary Provisions, Article 12
第十二条
A pending application for permission or other such process that has been undertaken with the chief of a police station pursuant to the Former Act or the Former Order as of the time the New Act comes into force is deemed to be a process undertaken with the chief of a police station pursuant to the corresponding provisions of the New Act.
Supplementary Provisions, Article 14
第十四条
Supplementary Provisions, Article 16Special Grants for Traffic Safety Measures
第十六条(交通安全対策特別交付金)
Until otherwise prescribed by law, as a part of traffic safety measures, the national government issues special grants for traffic safety measures to prefectures and municipalities (including special wards; the same applies hereinafter) in order to cover the necessary costs of establishing and managing the road traffic safety facilities that Cabinet Order prescribes (hereinafter referred to as "grants").
国は、当分の間、交通安全対策の一環として、道路交通安全施設の設置及び管理に要する費用で政令で定めるものに充てるため、都道府県及び市町村(特別区を含む。以下同じ。)に対し、交通安全対策特別交付金(以下「交付金」という。)を交付する。
The amount of the grants is the amount equivalent to income from penalties paid pursuant to Article 128, paragraph (1) (including as applied mutatis mutandis pursuant to Article 130-2, paragraph (3); the same applies hereinafter in this paragraph) (this includes provisional payments as under Article 129, paragraph (1) which are deemed to constitute penalty payments pursuant to Article 129, paragraph (3); referred to hereinafter in this Article and in Article 18, paragraph (1) of the Supplementary Provisions as "penalties and equivalent payments") plus the amount equivalent to the interest arising from investment of the surplus derived from that income (referred to in Article 18, paragraph (1) of the Supplementary Provisions as "income and interest from penalties"), less the sum total of the amounts set forth in the following items:
the amount equivalent to the monies refunded under Article 129, paragraph (4);
第百二十九条第四項の規定による返還金に相当する額
the amount calculated pursuant to Cabinet Order as being equivalent to income used to cover the necessary costs for sending notices of findings as prescribed in the second sentence of Article 127, paragraph (1) (these costs are referred to as "costs for sending notices of findings" in item (ii)-b of the following paragraph and in Article 19 of the Supplementary Provisions) (an amount so calculated is hereinafter referred to as an "amount equivalent to monies expended for sending notices of findings"); and
the amount equivalent to penalties and equivalent payments refunded due to excessive or erroneous payment.
過誤納に係る反則金等の返還金に相当する額
the amount equivalent to income and interest from penalties constituting revenue for the period running from February of the preceding year to January of the relevant year, less the sum of the amounts set forth in (a) through (c):
前年度の二月から当該年度の一月までの期間の収納に係る反則金収入相当額等からイからハまでに掲げる額の合算額を控除した額
the amount equivalent to the monies refunded under Article 129, paragraph (4) for the period running from February of the preceding year to January of the relevant year;
前年度の二月から当該年度の一月までの期間に係る第百二十九条第四項の規定による返還金に相当する額
the amount equivalent to monies expended for sending notices of findings for the period from February of the preceding year to January of the relevant year;
前年度の二月から当該年度の一月までの期間に係る通告書送付費支出金相当額
the amount equivalent to penalties and equivalent payments refunded due to excessive or erroneous payment for the period from February of the preceding year to January of the relevant year. and
前年度の二月から当該年度の一月までの期間に係る過誤納に係る反則金等の返還金に相当する額
the amount equivalent to estimated income from penalties and equivalent payments constituting revenue from February of the preceding year to January of the relevant year, plus the amount equivalent to interest arising from investment of the surplus derived from that income, less the sum of the amounts set forth in (a) through (c):
前年度の二月から当該年度の一月までの期間の収納に係る反則金等の収入見込額に当該額に係る余裕金の運用により生じた利子に相当する金額を加えた額からイからハまでに掲げる額の合算額を控除した額
the estimated amount of monies refunded pursuant to Article 129, paragraph (4) for the period from February of the preceding year to January of the relevant year;
前年度の二月から当該年度の一月までの期間に係る第百二十九条第四項の規定による返還金の見込額
the estimated amount of expenditures for costs to send notices of findings for the period from February of the preceding year to January of the relevant year;
前年度の二月から当該年度の一月までの期間に係る通告書送付費に係る支出見込額
the estimated amount of penalties and equivalent payments to be refunded due to excessive or erroneous payment for the period from February of the preceding year to January of the relevant year;
前年度の二月から当該年度の一月までの期間に係る過誤納に係る反則金等の返還金の見込額
Supplementary Provisions, Article 17Criteria for Grant
第十七条(交付の基準)
The amount of each prefecture's and each municipality's grant is the amount calculated pursuant to Cabinet Order in consideration of the number of traffic accidents in the prefecture or municipality, the concentration of the population there, and other circumstances.
Supplementary Provisions, Article 18Timing of Grants and Amount to Granted Each Time
第十八条(交付の時期及び交付時期ごとの交付額)
Grants are given every year at the time set forth in the left-hand column of the following Table in the amount provided for in the corresponding right-hand column of that Table.
| Timing of grant | Amount to be granted each time |
| September | The amount that Cabinet Order prescribes as being based on the amount equivalent to income and interest from penalties constituting revenue for the period running from February of the preceding year to July of the relevant year, plus any amount that should have been given in or before the year prior to the relevant year but which has not yet been given, less the sum total of the amount equivalent to the monies refunded under Article 129, paragraph (4) for that period, the amount equivalent to monies expended for sending notices of findings for that period, and the amount equivalent to penalties and equivalent payments refunded due to excessive or erroneous payment for that period (up to the amount set forth in Article 16, paragraph (3), item (ii) of the Supplementary Provisions plus any amount that should have been given in or before the year prior to the relevant year but which has not yet been given (hereinafter referred to in this Table as an "estimated grant amount")). |
| March | The amount that Cabinet Order prescribes as being based on the amount equivalent to income and interest from penalties constituting revenue for the period running from August to January of the relevant year, less the sum total of the amount equivalent to the monies refunded under Article 129, paragraph (4) for that period, the amount equivalent to monies expended for sending notices of findings for that period, and the amount equivalent to penalties and equivalent payments refunded due to excessive or erroneous payment for that period (up to the estimated grant amount less the amount given in September). |
交付金は、毎年度、次の表の上欄に掲げる時期に、それぞれ同表の下欄に定める額を交付する。
| 交付時期 | 交付時期ごとに交付すべき額 |
| 九月 | 前年度の二月から当該年度の七月までの期間の収納に係る反則金収入相当額等に当該年度の前年度以前の年度において交付すべきであつた交付金の額でまだ交付していない額を加算した額から当該期間に係る第百二十九条第四項の規定による返還金に相当する額、通告書送付費支出金相当額及び過誤納に係る反則金等の返還金に相当する額の合算額を控除した額に相当する額(附則第十六条第三項第二号に掲げる額に当該年度の前年度以前の年度において交付すべきであつた交付金の額でまだ交付していない額を加算した額(以下この表において「交付金見込額」という。)を限度とする。)を基礎として政令で定める額 |
| 三月 | 当該年度の八月から一月までの期間の収納に係る反則金収入相当額等から当該期間に係る第百二十九条第四項の規定による返還金に相当する額、通告書送付費支出金相当額及び過誤納に係る反則金等の返還金に相当する額の合算額を控除した額に相当する額(交付金見込額から九月に交付した額を控除した額を限度とする。)を基礎として政令で定める額 |
If there is any amount that could not be granted at one of the times prescribed in the preceding paragraph, or if there is any amount that was granted in excess of the amount that should have been granted at one of those times, the amount is to be added to, or deducted from, the amount to be granted at the next time for the grant.
前項に規定する各交付時期ごとに交付することができなかつた金額があるとき、又は各交付時期において交付すべき金額を超えて交付した金額があるときは、それぞれ当該金額を、次の交付時期に交付すべき額に加算し、又はこれから減額するものとする。
Supplementary Provisions, Article 19Disbursement of Monies Expended to Cover the Costs of Sending Notices of Findings
第十九条(通告書送付費支出金の支出)
The national government, pursuant to Cabinet Order and in consideration of each prefecture's expenditures related to the costs of sending notices of findings, disburses to the prefectures an amount equivalent to monies expended for sending notices of findings, as monies it expends to cover the costs of sending notices of findings.
国は、通告書送付費支出金として、各都道府県ごとの通告書送付費に係る支出額を考慮して政令で定めるところにより、通告書送付費支出金相当額を都道府県に支出する。
Supplementary Provisions, Article 20Competent Minister; Other Such Persons
第二十条(主務大臣等)
The administrative processes involved in grants under Articles 16 through 18 of the Supplementary Provisions are undertaken by the Minister for Internal Affairs and Communications, and the administrative processes that involve monies expended to cover the costs of sending notices of findings pursuant to the preceding Article are undertaken by the Prime Minister.
附則第十六条から第十八条までの規定による交付金に関する事務は総務大臣が、前条の規定による通告書送付費支出金に関する事務は内閣総理大臣が行う。
The administrative processes that are to be undertaken by the Prime Minister pursuant to the preceding paragraph may be delegated to the Commissioner General of the National Police Agency pursuant to Cabinet Order.
前項の規定により内閣総理大臣が行うものとされる事務は、政令で定めるところにより、警察庁長官に委任することができる。
Supplementary Provisions, Article 21Hearings of Opinions by Local Finance Councils
第二十一条(地方財政審議会の意見の聴取)
The Minister for Internal Affairs and Communications must hear the opinions of the Local Finance Council:
総務大臣は、次に掲げる場合には、地方財政審議会の意見を聴かなければならない。
before establishing, amending, or repealing the Cabinet Order referred to in Article 17 of the Supplementary Provisions; and
附則第十七条の政令の制定又は改廃の立案をしようとするとき。
Supplementary Provisions, Article 22Interim Measures for Elderly Driver's Obligations to Display Signs
第二十二条(高齢運転者標識表示義務に関する当面の措置)
Until otherwise prescribed by law, Article 71-5, paragraph (3) does not apply. This being the case, the phrase "70 years of age or older but under 75" in paragraph (4) of that Article is deemed to be replaced with "70 years of age or older".
第七十一条の五第三項の規定は、当分の間、適用しない。この場合において、同条第四項中「七十歳以上七十五歳未満」とあるのは、「七十歳以上」とする。