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Special provisions for expressways and motorways

Driving on expressways

- As expressways or motorways (hereinafter referred to as ‘expressways, etc.’) where motor vehicles, etc. travel at high speed have a higher probability of accident and the scale of damage is greater than on other roads, the manner of driving a motor vehicle on an expressways, etc. is stipulated separately in Chapter 5 of the Road Traffic Act (from Article 57 to 67).

- Any matters not stipulated in Chapter 5 of the Road Traffic Act shall conform with the rules on driving on a general road (Article 57 of the Road Traffic Act).

Standards of classification of vehicles travelling on each lane of an expressway

Standards of classification of vehicles traveling on each lane of an expressway

- Standards of classification of vehicles traveling on each lane (excluding exclusive lanes) of an expressway are as follows (Article 60 of the Road Traffic Act, Enforcement Regulation of the Road Traffic Act, Article 39 and Attached Table 9).

Road		Lane	Permitted type of motor vehicles
Expressway	Two-lane road	1	All vehicles intending to overtake other vehicles: Provided, That, in cases where increased traffic or other road conditions forces vehicles to pass at a speed below 80 kilometers per hour, any vehicle may travel on the first lane even if it does not intend to overtake other vehicles.
	Two-lane road	2	Any vehicle
	Six-lane road or more	1	Automobiles intending to overtake other vehicles and micro, small, and medium buses intending to overtake other vehicles: Provided, That, in cases where increased traffic or other road conditions forces vehicles to pass at a speed below 80 kilometers per hour, any vehicle may travel on the first lane even if it does not intend to overtake other vehicles.
		Left lane	Automobiles and micro, small, and medium buses
		Right lane	Large automobiles, trucks, special vehicles, and construction machinery

Penal provision

- Penalties and penalty points (Road Traffic Act, Article 156(3), Enforcement Decree of the Road Traffic Act, Attached Table 8 no.39, and Enforcement Regulation of the Road Traffic Act, Attached Table 28 no.3 A.21)

Violation

Penalty(KRW)

Penalty points

Failure to travel in a designated lane

Vans, etc.: 50,000

Cars, etc.: 40,000

10

Prohibition of traveling along the hard shoulder; method of overtaking

Violation of the prohibition of driving along the hard shoulder of an expressway

- Drivers of motor vehicles shall drive in accordance with the above standards except in an inevitable situation such as breakdown, and shall travel along the sides of the road (referred to as the ‘hard shoulder’ under to the Road Traffic Act)(Article 60(1) of the Road Traffic Act).

- However, in any of the following cases, traveling along the hard shoulder is allowed. (Article 60(1) (proviso) of the Road Traffic Act)

· Where a person drives an emergency motor vehicle or a motor vehicle that performs works, such as repair and maintenance of expressway;

· Where a person drives a motor vehicle on the roadside according to the signals or instructions of signal apparatus or a police officer, etc. during a traffic jam

Penal provision

- Penalties and penalty points (Article 156(3) of the Road Traffic Act, Enforcement Decree of the Road Traffic Act, Attached Table 8 no.19 and Enforcement Regulation of the Road Traffic Act, Attached Table 28 A. 11)

Violation

Penalty(KRW)

Penalty points

Prohibition of driving along the hard shoulder

of an expressway or motorway

Vans, etc.: 70,000

Cars, etc.: 60,000

30

Violation of rules on overtaking

- When intending to overtake another motor vehicle on an expressway, drivers shall safely drive their motor vehicle along the next lane on the left-hand side of the designated lane, using direction indicators, lights, and horn if necessary (Article 60(2) of the Road Traffic Act, Enforcement Regulation of the Road Traffic Act, Article 39(1) and Attached Table 9 note 2).

Penal provision

- Penalties (Article 156(3) of the Road Traffic Act, Enforcement Decree of the Road Traffic Act, Attached Table 7 no.7 and Enforcement Regulation of the Road Traffic Act, Attached Table 28 A. 24)

Violation

Penalty(KRW)

Penalty points

Failure to observe the rules on overtaking

on an expressway or motorway

Vans, etc.: 70,000

Cars, etc.: 60,000

10

Bus-only lane on an expressway

Provision of bus-only lanes on expressways

- The Commissioner of the National Police Agency may designate a bus-only lane on an expressway in order to ensure the smooth flow of traffic (Article 61(1) of the Road Traffic Act).

- Vehicle-exclusive lanes on expressways may only be used by the designated vehicles (Article 61(2), 15(3) of the Road Traffic Act).

Driving in a bus-only lane on an expressway

- The bus-only lanes of expressways shall only be used by cars or vans with 9 or more seats (car or van with less than 12 seats shall have more than 6 passengers)(Enforcement Decree of the Road Traffic Act, Attached Table 1).

Penal provision

- Penalties and penalty points (Article 156(1), 61(2) of the Road Traffic Act, Enforcement Decree of the Road Traffic Act, Attached Table 8 no.20 and Enforcement Regulation of the Road Traffic Act, Attached Table 28 no.3 A. 12)

Violation

Penalty(KRW)

Penalty points

Driving on a bus-only lane on an expressway

Vans, etc.: 70,000(100,000)

Cars, etc.: 60,000(90,000)

30

- Vehicles other than designated vehicles are permitted to use bus-only lanes in the following cases (Article 61(2), 15(3) of the Road Traffic Act and Article 10 of the Enforcement Decree of the Road Traffic Act).

· In cases where an emergency vehicle is obliged to use a bus-only lane to deal with an emergency situation.

· In cases where a taxi is obliged to use a bus-only lane temporarily to allow its passenger(s) to get in or off to the extent that it does not impede designated vehicles. The taxi driver shall exit the lane as soon as the passenger(s) have finished getting in or out of the taxi.

· In cases where an inevitable situation such as damage to or construction of a road leaves no other option than to use the bus-only lane.

Prohibition of crossing, etc.

It is strictly prohibited to cross, make a U-turn on, or reverse on an expressway.

- Drivers shall not cross, make a U-turn on, or drive in reverse on an expressway. However, when an emergency vehicle or a road maintenance vehicle is required to prevent or remove a danger or to take emergency measures in the event of an traffic accident, such vehicles may cross, make a U-turn or reverse on an exclusive lane (Article 62 of the Road Traffic Act).

Penal provision

- Penalties (Article 156(1) of the Road Traffic Act, Enforcement Decree of the Road Traffic Act, Attached Table 8 no.40)

Violation

Penalty(KRW)

Crossing, making a U-turn,

or reversing on an expressway

Van, etc.: 50,000

Car, etc.: 40,000

Prohibition of driving, stopping or parking on an expressway

Prohibition of driving or crossing on an expressway

- Pedestrians, horse riders, and the drivers of vehicles other than motor vehicles (only emergency vehicles when it comes to two-wheeled vehicles) shall not travel on or cross an expressway (Article 63 of the Road Traffic Act).

※ Any person who travels or crosses an expressway in violation of the prohibition of travelling on an expressway, etc. shall be punished by a fine of not more than 300,000 won or detention (Article 154(6) of the Road Traffic Act).

Prohibition of stopping or parking a motor vehicle on an expressway

- Drivers of motor vehicles shall not park or stop their motor vehicle on any expressway, etc. except in the following cases (Article 64 of the Road Traffic Act).

· In cases where a driver temporarily stops or parks a motor vehicle in compliance with the provisions of the relevant Acts, subordinate statutes, or instructions given by police officers (excluding any autonomous police officer) or in order to prevent danger.

· In cases where a driver stops or parks a motor vehicle in a place where safety signs are erected in order to permit motor vehicles to stop or park, or in a depot.

· In cases where a driver stops or parks a motor vehicle on the verge of a road (including the roadside) due to breakdown or other inevitable reasons.

· In cases where a driver stops a motor vehicle to pay a toll at a tollgate.

· In cases where the manager of a road stops or parks a motor vehicle in order to repair, maintain or patrol the expressway, etc.

· When a fire engine stops or parks on highways, etc. to perform fire-fighting activities, fire-fighting support activities and life safety activities such as fire-fighting, life-saving, and first aid

· When a fire engine stops or parks on highways, etc. to perform firefighting activities, firefighting support activities, and life safety activities such as fire fighting, lifesaving, and first aid

· When emergency vehicles other than police emergency vehicles and fire trucks are stopped or parked to achieve the purpose of use

· When an emergency vehicle other than police emergency vehicle or fire engine stops or parks to achieve its purpose of use

· In cases where a police emergency motor vehicle stops or parks another motor vehicle in order to investigate a crime, regulate the traffic, or perform other police duties.

· Wherea fire engine stops or parks in order to conduct fire extinguishment andfire-fighting activities, such as lifesaving and first-aid services,fire-fighting support activities, and life safety activities on an expressway;

· Where any emergency motor vehicle, other than a policeemergency motor vehicle or fire engine, stops or parks in order to accomplishits purpose of use

· In cases where a driver temporarily stops or parks a motor vehicle on an expressway, etc. because it is impossible to drive the motor vehicle any further due to traffic congestion or other inevitable reasons.

Penal provision

- Penalties (Road Traffic Act, Article 154(6), Enforcement Decree of the Road Traffic Act, Attached Table 8 no.41)

Violation

Penalty(KRW)

Stopping or parking on an expressway or motorway

Van, etc.: 50,000

Car, etc.: 40,000

Priority when entering an expressway

When entering an expressway, a motor vehicle shall not impede the circulation of other vehicles.

- When intending to drive a motor vehicle onto an expressway, the driver of a motor vehicle(excluding emergency vehicles) shall not impede the flow of traffic on the expressway (Article 65(1) of the Road Traffic Act).

- When an emergency vehicle is entering an expressway, motor vehicles traveling on the expressway shall not impede the emergency vehicle's access to the expressway (Article 65(2) of the Road Traffic Act).

Penal provision

- Penalties (Article 156(3) of the Road Traffic Act, Enforcement Decree of the Road Traffic Act, Attached Table 8 no.42)

Violation

Penalty(KRW)

Failure to observe priority when entering an expressway

Van, etc.: 50,000

Car, etc.: 40,000

Obligation to take (safety) measures in the event of breakdown, etc.

The following measures shall be taken in the event of the breakdown of a motor vehicle on an expressway

- In the event that a motor vehicle is no longer able to travel on an expressway due to breakdown or other inevitable reasons, etc., the driver shall display a sign (hereinafter referred to as a "vehicle breakdown sign") and then take the necessary measures to relocate the motor vehicle to a safe place off the expressway, etc. (Article 66 of the Road Traffic Act).

- The drivers of motor vehicles shall always carry a breakdown sign in order to ensure the safe and smooth flow of traffic on an expressways, etc. When a driver finds it difficult to drive his/her motor vehicle due to breakdown or for other inevitable reasons, the driver shall pull the vehicle over to the right-hand side of the road and shall position the breakdown sign at the location where the drivers of motor vehicles approaching from the rear can see it(Article 67 (2) of the 「Road Traffic Act」 and Article 40(3) of the 「Enforcement Regulation of the Road Traffic Act」).

- At night the driver shall also position a red flashing signal that is visible at 500 meters, an electric lantern or a signal light at the location where the drivers of motor vehicles approaching from the rear can see it (Article 40 (1)-2and (3) of the 「Enforcement Regulation of the Road Traffic Act」).

Penal provision

- Penalties (Article 156(3) of the Road Traffic Act, Enforcement Decree of the Road Traffic Act, Article 99(1) and Attached Table 8 no.43)

Violation

Penalty(KRW)

Neglecting to take security measures in the event of a breakdown

on an expressway or motorway

Vans, etc.: 50,000

Cars, etc.: 40,000

Obligation to fasten one’s seatbelt on an expressway, etc.

Obligation to fasten one’s seatbelt

- Each driver of any motor vehicle (excluding anytwo-wheeled vehicle) shall fasten the seat belt thereof while driving the motorvehicle and require all the passengers seated in the motor vehicle to fastentheir seatbelts (in cases of an infant, this refers to the seat belt after aninfant safety harness is mounted) (main text of Article 50(1) of theRoad Safety Act)

Exceptions to the obligation to fasten seatbelts

- The following cases are recognized as exceptions to the mandatory obligation to fasten one’s seatbelt (Proviso to Article 50(1) of the Road Traffic Act, Article 31 of the Enforcement Regulation of the Road Traffic Act).

· In cases where a person who does not seem to be fit to wear a seatbelt on account of injury, disease, disability or pregnancy drives or boards a motor vehicle.

· In cases where a person reverses a motor vehicle.

· In cases where a person who does not seem to be fit to wear a seatbelt on account of his/her physical condition such as height or weight drives or boards a motor vehicle.

· In cases where an emergency vehicle is used for its original purpose.

· In cases where a person drives or boards a motor vehicle which is being guarded or led by a police car.

· In cases where a person drives or boards a vehicle used for a referendum or an election campaign or for administrative works related to a referendum or an election campaign in accordance with the National Referendum Act and the Public Official Election Act.

· In cases where a person drives or boards a motor vehicle in order to do a specific type of work requiring frequent and repeated getting in and out the vehicle, such as the collection and/or delivery of mail and the collection of waste.

· In cases where the driver of a transportation vehicle is unable to force an intoxicated or drugged passenger to fasten his/her seat belt,as provided under the Passenger Transport Service Act.

Penal provision

- Penalties and fines for negligence((Article 160(2)2 of the Road Traffic Act, Enforcement Decree of the Road Traffic Act, Article 88(4) and Attached Table 6 no.9, Table 8 no.56).

Violation

Penalty(KRW)

Neglecting theobligation to fasten seatbelts while driving

Vans, etc.: 30,000

Cars, etc.: 30,000

Violation

Fine for negligence(KRW)

Adriver who fails to require all the passengers seated in the motor vehiclefasten their seat belts

Ifother passengers are aged less than 13, 60,000

Ifother passengers are aged 13 or older: 30,000

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