The national Road Traffic Safety Law that went into effect on May 1 places all liability on motor vehicle operators for accidents involving pedestrians or non-motorized vehicles. The Standing Committee of the Beijing Municipal People's Congress (BMPC) is now considering local regulations for implementation of the law.

The law has been the subject of public debate almost since its enactment, China Daily reported Tuesday.

A driver who killed a pedestrian as she crossed Beijing's Second Ring Road was ordered by the local traffic administrative authority to pay compensation of 200,000 yuan (US$24,000).

But pedestrians are not allowed on the elevated highway. The driver refused to pay the compensation and the woman's husband took him to court. No decision has yet been made.

The BMPC Standing Committee, the capital's legislative body, began yesterday to gather opinions from the public on the law. It received nearly 800 responses on the first day: 300 by telephone and the remainder online. The solicitation of public opinion will end on Sunday.

The intent of the regulation is to protect those who earn less money even if they are responsible for the accident, according to a source with the BMPC.

"It is too simple to declare that drivers are richer and enjoy a better social status than pedestrians or cyclists," a website respondent said. "There should not be a contradiction between justice and humanity."

An online survey conducted by www.sina.com.cn indicates that more than 90 percent of respondents feel the driver liability law is unreasonable. An overwhelming majority -- 85.2 percent -- also believes that the positive impact of the law on Beijing traffic will be very limited. A mere 2.4 percent feel that it will definitely improve the traffic situation.

Despite the objections, the municipality is required to enforce the law. The local authority may only write regulations that dictate specific methods of implementation.

In 2003, Beijing logged 32,378 traffic accidents, with 10,538 injured and 1,459 fatalities. The figures were the lowest in several years.

(China Daily August 11, 2004)