Supplementary Provisions
附 則
Supplementary Provisions, Article 1Effective Date
第一条(施行期日)
This Act comes into force within two years of its promulgation, on the date that Cabinet Order prescribes; provided, however, that the provisions amending Article 103-2, paragraph (1) and Article 10 and Article 14 through Article 16 of the Supplementary Provisions come into force on the day of promulgation.
この法律は、公布の日から起算して二年を超えない範囲内において政令で定める日から施行する。ただし、第百三条の二第一項の改正規定並びに附則第十条及び第十四条から第十六条までの規定は、公布の日から施行する。
Supplementary Provisions, Article 2Transitional Measures for Licenses
第二条(免許等に関する経過措置)
A mid-sized motor vehicle license as referred to in Article 84, paragraph (3) of the Road Traffic Act prior to its amendment under this Act (hereinafter referred to as the "Former Act") (hereinafter referred to as an "M-MVL as referred to in the Former Act"), a standard motor vehicle license as referred to in that paragraph (hereinafter referred to as a "class 2 S-MVL as referred to in the Former Act"), a class 2 mid-sized motor vehicle license as referred to in paragraph (4) of that Article (hereinafter referred to as a "class 2 M-MVL as referred to in the Former Act"), a class 2 standard motor vehicle license as referred to in that paragraph (hereinafter referred to as a "class 2 class 2 S-MVL as referred to in the Former Act"), a provisional mid-sized motor vehicle license as referred to in paragraph (5) of that Article (hereinafter referred to as a "provisional M-MVL as referred to in the Former Act"), or a provisional standard motor vehicle license as referred to in that paragraph (hereinafter referred to as a "provisional class 2 S-MVL as referred to in the Former Act") is deemed, for each category of license set forth in the following items and as prescribed in the relevant item, to be a mid-sized motor vehicle license as referred to in Article 84, paragraph (3) of the Road Traffic Act after its amendment under this Act (hereinafter referred to as the "New Act") (hereinafter referred to as an "M-MVL"), a semi-mid-sized motor vehicle license as referred to in that paragraph (hereinafter referred to as an "SM-MVL"), a standard motor vehicle license as referred to in that paragraph (hereinafter referred to as an "S-MVL"), a class 2 mid-sized motor vehicle license as referred to in paragraph (4) of that Article (hereinafter referred to as a "class 2 M-MVL"), a class 2 standard motor vehicle license as referred to in that paragraph (hereinafter referred to as a "class 2 S-MVL"), a provisional mid-sized motor vehicle license referred to in paragraph (5) of that Article (hereinafter referred to as a "provisional M-MVL"), or a provisional standard motor vehicle license as referred to in that paragraph (hereinafter referred to as a "provisional S-MVL"):
この法律による改正前の道路交通法(以下「旧法」という。)第八十四条第三項の中型自動車免許(以下「旧法中型免許」という。)、同項の普通自動車免許(以下「旧法普通免許」という。)、同条第四項の中型自動車第二種免許(以下「旧法中型第二種免許」という。)、同項の普通自動車第二種免許(以下「旧法普通第二種免許」という。)、同条第五項の中型自動車仮免許(以下「旧法中型仮免許」という。)及び同項の普通自動車仮免許(以下「旧法普通仮免許」という。)は、次の各号に掲げる区分に応じ、それぞれ当該各号に定めるこの法律による改正後の道路交通法(以下「新法」という。)第八十四条第三項の中型自動車免許(以下「中型免許」という。)、同項の準中型自動車免許(以下「準中型免許」という。)、同項の普通自動車免許(以下「普通免許」という。)、同条第四項の中型自動車第二種免許(以下「中型第二種免許」という。)、同項の普通自動車第二種免許(以下「普通第二種免許」という。)、同条第五項の中型自動車仮免許(以下「中型仮免許」という。)及び同項の普通自動車仮免許(以下「普通仮免許」という。)とみなす。
an S-MVL as referred to in the Former Act other than as set forth in the following item:an SM-MVL that limits the semi-mid-sized motor vehicles as referred to in Article 3 of the New Act (referred to as a "semi-mid-sized motor vehicle" in item (v)) that a person is permitted to drive pursuant to Article 91 of the New Act to those that are equivalent to a standard motor vehicle as referred to in Article 3 of the Former Act (hereinafter referred to as a "standard motor vehicle as referred to in the Former Act");
an S-MVL as referred to in the Former Act that limits the standard motor vehicles as referred to in the Former Act that a person is permitted to drive pursuant to Article 91 of the Former Act to those that are equivalent to a standard motor vehicle as referred to in Article 3 of the New Act (referred to as a "standard motor vehicle" in item (vi)):an S-MVL;
a class 2 S-MVL as referred to in the Former Act other than as set forth in the following item:a class 2 M-MVL that does permit a person to drive any mid-sized motor vehicles as referred to in Article 3 of the New Act pursuant to Article 91 of the New Act, and which limits the semi-mid-sized motor vehicles that a person is permitted to drive pursuant to Article 91 of the New Act to those that are equivalent to a standard motor vehicle as referred to in the Former Act;
a class 2 S-MVL as referred to in the Former Act that limits the standard motor vehicles as referred to in the Former Act that a person is permitted to drive pursuant to Article 91 of the Former Act to those that are equivalent to a standard motor vehicle:a class 2 S-MVL;
Supplementary Provisions, Article 3
第三条
An applications for a driver's license as set forth in one of the following items that is pending at time this Act comes into force is deemed to be an application for a driver's license as prescribed in that item:
この法律の施行の際現にされている次の各号に掲げる運転免許の申請は、それぞれ当該各号に定める運転免許の申請とみなす。
an S-MVL as referred to in the Former Act:an S-MLV;
Supplementary Provisions, Article 4
第四条
Beyond as prescribed in the preceding two Articles, a measure, procedure, or other action undertaken pursuant to the Former Act in connection with an M-MVL as referred to in the Former Act, S-MVL as referred to in the Former Act, class 2 M-MVL as referred to in the Former Act, class 2 S-MVL as referred to in the Former Act, provisional M-MVL as referred to in the Former Act, or provisional S-MVL as referred to in the Former Act is deemed to be a measure, procedure, or other action undertaken pursuant to the corresponding provisions of the New Act in connection with a driver's license as referred to in the relevant of the items of Article 2 of the Supplementary Provisions for the category referred to in that item.
Supplementary Provisions, Article 5
第五条
A person who, at the time this Act comes into force, has passed a driver's license test for an M-MVL as referred to in the Former Act, S-MVL as referred to in the Former Act, class 2 M-MVL as referred to in the Former Act, class 2 S-MVL as referred to in the Former Act, provisional M-MVL as referred to in the Former Act, or provisional S-MVL as referred to in the Former Act but has not received a driver's license under the Former Act is deemed to have passed the driver's license test for a driver's license as prescribed in the items of Article 2 of the Supplementary Provisions, based on the categories set forth in those items.
Supplementary Provisions, Article 6
第六条
To apply Article 90-2 of the New Act, a person who is deemed to have passed a driver's license test for a driver's license as referred to in Article 2, item (ii) of the Supplementary Provisions pursuant to the preceding Article is deemed to be a person seeking to obtain an S-MVL.
To apply Article 90-2 of the New Act, a person who is deemed to have passed a driver's license test for a driver's license referred to in Article 2, item (v) of the Supplementary Provisions pursuant to the preceding Article is deemed to be a person seeking to obtain a class 2 S-MVL.
Supplementary Provisions, Article 7
第七条
To apply Article 71, item (v)-4, Article 71-5, paragraph (1) and Article 100-2, paragraph (1) of the New Act to a person who holds an S-MVL as referred to in the Former Act that is deemed to be a semi-mid-sized motor vehicle license pursuant to Article 2 of the Supplementary Provisions (other than one as referred to in the following paragraph), the phrase "Article 71-5, paragraph (2)" in Article 71, item (v)-4 of the New Act is deemed to be replaced with "Article 71-5, paragraph (1)", the phrase "other than a person who has held a semi-mid-sized motor vehicle license" in Article 71-5, paragraph (1) of the New Act is deemed to be replaced with "other than a person who has held an S-MVL under the Road Traffic Act before its amendment by the Act Partially Amending the Road Traffic Act (Act No. 40 of 2015) (referred to as 'the Former Act' in this paragraph and Article 100-2, paragraph (1))", the phrase "and other persons that Cabinet Order prescribes, and other than a person who currently holds a standard motor vehicle license as referred to in that paragraph and who held that license for at least two years in total (not counting any period during which the person's license was suspended) before the day on which the person came to hold the current semi-mid-sized motor vehicle license" is deemed to be replaced with "and other persons that Cabinet Order prescribes", the phrase "drive a semi-mid-sized motor vehicle" is deemed to be replaced with "drive a motor vehicle equivalent to a standard motor vehicle under the Former Act", the phrase "when driving a vehicle that the person is licensed to drive with that license" in Article 100-2, paragraph (1) of the New Act is deemed to be replaced with "when driving a vehicle that the person is licensed to drive with that license (this means a motor vehicle equivalent to a standard motor vehicle under the Former Act in the case of an SM-MVL; the same applies hereinafter)", and the phrase "the same type of license" in item (ii) of that paragraph is deemed to be replaced with "an S-MVL under the Former Act".
附則第二条の規定により準中型免許とみなされる旧法普通免許を受けている者(次項に規定する者を除く。)に対する新法第七十一条第五号の四、第七十一条の五第一項及び第百条の二第一項の規定の適用については、新法第七十一条第五号の四中「第七十一条の五第二項」とあるのは「第七十一条の五第一項」と、新法第七十一条の五第一項中「に準中型自動車免許」とあるのは「に道路交通法の一部を改正する法律(平成二十七年法律第四十号)による改正前の道路交通法(以下この項及び第百条の二第一項において「旧法」という。)の規定による普通自動車免許」と、「及び同項の普通自動車免許を現に受けており、かつ、現に受けている準中型自動車免許を受けた日前に当該普通自動車免許を受けていた期間(当該免許の効力が停止されていた期間を除く。)が通算して二年以上である者を除く」とあるのは「を除く」と、「準中型自動車の」とあるのは「旧法の規定による普通自動車に相当する自動車の」と、「準中型自動車を」とあるのは「当該自動車を」と、新法第百条の二第一項中「いう。)に当該免許に係る免許自動車等」とあるのは「いう。)に当該免許に係る免許自動車等(準中型免許にあつては、旧法の規定による普通自動車に相当する自動車。以下同じ。)」と、同項第二号中「当該免許と同一の種類の免許」とあるのは「旧法の規定による普通免許」とする。
To apply Article 71-5, paragraph (1) and Article 100-2, paragraph (1) of the New Act to a person for whom the restrictions as referred to in Article 2, item (ii) of the Supplementary Provisions have been lifted, the phrase "who has not held that license for at least one year in total" in Article 71-5, paragraph (1) of the New Act is deemed to be replaced with "who has not held that license for at least one year in total beginning on the date on which the restriction referred to in Article 2, item (ii) of the Supplementary Provisions of the Act Partially Amending the Road Traffic Act (Act No. 40 of 2015; referred to as the 'Amending Act of 2015' in this paragraph) is lifted (referred to as the 'date on which the restriction is lifted' in this paragraph and Article 100-2, paragraph (1))", the phrase "other than a person who has held a semi-mid-sized motor vehicle license at some point within the six months before the day on which the person came to hold the current license and other persons that Cabinet Order prescribes, and other than a person who currently holds a standard motor vehicle license as referred to in that paragraph and who held that license for at least two years in total (not counting any period during which the person's license was suspended) before the day on which the person came to hold the current semi-mid-sized motor vehicle license" is deemed to be replaced with "other than a person who has held those licenses (meaning that the person held an S-MVL under the Road Traffic Act before its amendment by the Amending Act of 2015 prior to the effective date of the Amending Act of 2015 and held a semi-mid-sized motor vehicle license after that date (not counting any period during which either of those licenses was suspended) for at least two years in total before the date on which the restriction is lifted); the same applies in Article 100-2, paragraph (1), item (v)), and other persons that Cabinet Order prescribes" the phrase "the date on which the person is licensed" in Article 100-2, paragraph (1) of the New Act is deemed to be replaced with "the date on which the restriction is lifted", and the phrase "a person who also holds an S-MVL, and who had held that S-MVL for a total period of at least two years before obtaining the SM-MVL (not counting any period during which that license was suspended)" in item (v) of that paragraph is deemed to be replaced with "who has held those licenses for a total period of at least two years before the date on which the restriction is lifted".
附則第二条第二号に規定する限定が解除された者に対する新法第七十一条の五第一項及び第百条の二第一項の規定の適用については、新法第七十一条の五第一項中「者で、」とあるのは「者で、道路交通法の一部を改正する法律(平成二十七年法律第四十号。以下この項において「平成二十七年改正法」という。)附則第二条第二号に規定する限定が解除された日(以下この項及び第百条の二第一項において「限定解除日」という。)から」と、「当該免許を受けた日前六月以内に準中型自動車免許を受けていたことがある者その他の者で政令で定めるもの及び同項の普通自動車免許を現に受けており、かつ、現に受けている準中型自動車免許を受けた日前に当該普通自動車免許を受けていた期間(」とあるのは「限定解除日前に当該免許を受けていた期間(平成二十七年改正法の施行の日前に平成二十七年改正法による改正前の道路交通法の規定による普通自動車免許を受けていた期間及び同日以後に当該準中型自動車免許を受けていた期間(いずれも」と、「が通算して二年以上である」とあるのは「をいう。第百条の二第一項第五号において同じ。)が通算して二年以上である者その他政令で定める」と、新法第百条の二第一項中「当該免許を受けた日」とあるのは「限定解除日」と、同項第五号中「普通免許を現に受けており、かつ、当該準中型免許を受けた日前に当該普通免許」とあるのは「限定解除日前に当該免許」と、「期間(当該免許の効力が停止されていた期間を除く。)」とあるのは「期間」とする。
Supplementary Provisions, Article 8Transitional Measures for Special Cognitive Assessments
第八条(臨時認知機能検査に関する経過措置)
Article 101-7, paragraph (1) of the New Act apply to conduct that Cabinet Order prescribes which is referred to in that paragraph in which a person engages after the date on which this Act comes into force (referred to as the "effective date" in the following Article) (other than conduct that Cabinet Order prescribes as referred to in Article 102, paragraph (1) of the Former Act in which a person as prescribed in the following Article engages and which prior laws continue to govern pursuant to the following Article).
新法第百一条の七第一項の規定は、この法律の施行の日(次条において「施行日」という。)以後にされた同項に規定する政令で定める行為(次条に規定する者が旧法第百二条第一項に規定する政令で定める行為をして次条の規定によりなお従前の例によることとされる場合における当該行為を除く。)について適用する。
Supplementary Provisions, Article 9Transitional Measures for Special Fitness Screenings
第九条(臨時適性検査に関する経過措置)
Prior laws continue to govern special fitness screenings administered following cognitive assessment to persons (limited to target persons referred to in Article 102, paragraph (1) of the Former Act) who have undergone a cognitive assessment pursuant to Article 97-2, paragraph (1), item (iii) or item (v), or Article 101-4, paragraph (2) of the Former Act prior to the effective date (but only a cognitive assessment that a person has undergone immediately prior to the effective date).
Supplementary Provisions, Article 10Transitional Measures for Provisional License Suspensions and Other Measures
第十条(免許の効力の仮停止等に関する経過措置)
Notwithstanding Article 103-2, paragraph (1) of the New Act (including a case in which the provisions are applied mutatis mutandis pursuant to Article 107-5, paragraph (10) of the New Act), prior laws continue to govern the chief of a police station's suspension of a person's license (including prohibiting a person from driving a standard motor vehicle or motorized bicycle) in connection with conduct in which the person (including a person with an International Driving Permit or a foreign driver's license) has engaged before the provisions referred to in the proviso to Article 1 of the Supplementary Provisions come into force.
附則第一条ただし書に規定する規定の施行前にした行為に係る免許を受けた者(国際運転免許証又は外国運転免許証を所持する者を含む。)に対する警察署長による免許の効力の停止(自動車等の運転の禁止を含む。)については、新法第百三条の二第一項(新法第百七条の五第十項において準用する場合を含む。)の規定にかかわらず、なお従前の例による。
Supplementary Provisions, Article 11Transitional Measures for Penal Provisions and Other Provisions
第十一条(罰則等に関する経過措置)
Prior laws continue to govern the applicability of penal provisions to conduct in which a person engages before this Act comes into force.
この法律の施行前にした行為に対する罰則の適用については、なお従前の例による。
Supplementary Provisions, Article 12
第十二条
Prior laws continue to govern the handling of abandonment penalties for conduct in which a person engages before this Act comes into force.
この法律の施行前にした行為に係る放置違反金の取扱いに関しては、なお従前の例による。
Supplementary Provisions, Article 13
第十三条
Prior laws continue to govern the handling of violations as regards conduct in which a person engages before this Act comes into force.
この法律の施行前にした行為に対する反則行為の取扱いに関しては、なお従前の例による。
Supplementary Provisions, Article 14Delegation to Cabinet Order
第十四条(政令への委任)
Beyond what is prescribed in the Supplementary Provisions, Cabinet Order provides for the necessary transitional measures to bring this Act into force (including transitional measures for penal provisions).
この附則に規定するもののほか、この法律の施行に関し必要な経過措置(罰則に関する経過措置を含む。)は、政令で定める。