Restrictions
Restriction on number of passengers or loading a motor vehicle
- Drivers shall not violate the following safety standards concerning the number of passengers, load or volume (Article 39(1) of the Road Traffic Act, Article 22 of the Enforcement Decree of the Road Traffic Act).
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Classification
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Motor vehicle
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Standard
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(1) No. of passengers
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Motor vehicles (except express buses and trucks)
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110% of capacity (maximum capacity shall not be exceeded on expressways)
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Express buses and trucks
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Within capacity
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(2) Load (weight)
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Trucks
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Within 110% of the weight of the load (depending on structure and performance)
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(3) Load (volume)
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Trucks, Two-wheeled vehicle, and small three-wheeled vehicle
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Length: original length of the motor vehicle plus 10 percent of that length(in the case of two-wheeled vehicles, the original length plus 30cm) Width: the range which can be seen in the rear view mirrors of the vehicle (in cases where the height of the freight is lower than the rear view mirrors, the freight shall be seen, and in the opposite case, the rear shall be seen) Height: 4m from the ground(in the routes of which the preservation of structure and safety of passage is recognized by notification: 4m 20cm / three wheeler tricar: 2m 50cm / two-wheeled car: 2m)
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Permission to exceed the number of passengers and load weight
- However, upon obtaining the permission of the head of a police station supervising the departing place in the following procedure, it is possible to drive a motor vehicle that infringes the above standard (Article 39(1) of the Road Traffic Act, Article 26 of the Enforcement Regulation of the Road Traffic Act).
1) Applications for permit for driving/loading above safety standard (Enforcement Regulation of the Road Traffic Act, Addenda, Form no.5)
2) Consideration
※ Criteria for permission (Article 23(1) of the Enforcement Decree of the Road Traffic Act)
· In cases where a truck needs to be loaded above its capacity for a public work such as telephone, telegraph, water supply or snow removal work, etc.
· In cases where the relevant freight cannot be classified under the above categories (2) and (3).
3) Permit for riding/loading above safety standard (Enforcement Regulation of the Road Traffic Act, Addenda no.6)
4) Driving a motor vehicle attached with a red mark made of cloth (reflectors shall be attached at night)
- The driver of a motor vehicle shall take all the measures necessary to cover and fasten loaded freight in order to prevent it from falling off during transportation (Article 39(4) of the Road Traffic Act).
- Drivers shall be prohibited from driving any motor vehicle while holding an animal or an infant in his/her arms or carrying articles in his/her seat in such a way as to impede the safety of the motor vehicle (Article 39(5) of the Road Traffic Act).
Penal provisions
- Penalties and penalty points (Article 156(1) of the Road Traffic Act, Enforcement Decree of the Road Traffic Act, Attached Table 8, no.13, 33, Enforcement Regulation of the Road Traffic Act, Attached Table 28 no. 3-26).
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Violation
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Penalty
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Penalty points
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Exceeding the proper number of passengers
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Van: KRW 70,000 Car: KRW 60,000 Two-wheeled car: KRW 40,000 Bicycle: KRW 30,000
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Negligence in taking measures to prevent passengers from falling
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Van: KRW 70,000 Car: KRW 60,000 Two-wheeled car: KRW 40,000 Bicycle: KRW 30,000
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10
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Violations of load limit, negligence of freight falling prevention measures, or driving with a baby or pet in one’s arms
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Van: KRW 50,000 Car: KRW 40,000 Two-wheeled car: KRW 30,000 Bicycle: KRW 20,000
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Legal obligation to fasten seatbelt and in a car seat
Legal obligation to fasten seatbelt and in a car seat
- The driver of a motor vehicle (excluding two-wheeled vehicles) shall fasten the seatbelt thereof while driving the motor vehicle and require any passenger seated beside him/her to fasten their own seatbelt (in the case of an infant, this refers to the seatbelt after an infant safety harness has been installed)(Article 50(1) of the Road Traffic Act).
※ Penal provision (Road Traffic Act, Article 156(6), Enforcement Decree of the Road Traffic Act, Article 93(1) and Attached Table 8 no.56).
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Violation
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Penalty (KRW)
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Failure to fasten seatbelt or car seat
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Vans: 30,000 Cars: 30,000 Two-wheeled vehicles: 20,000 Bicycles: 10,000
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※ A person who fails to comply with the above provision shall be punished by a fine of KRW 60,000 when a passenger is under 13 years oldand KRW 30,000 when a passenger is at least 13 years old (Article 160(2)2 of the Road Traffic Act and Article 88(4) and Attached Table 6 No. 9 of the Enforcement Decree of the Road Traffic Act).
Exceptions to the mandatory fastening of seatbelts
- In the following cases it is not necessary to fasten a seatbelt (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 appears unfit to wear a seatbelt on account of injury, disease, disability or pregnancy drives or takes a motor vehicle.
· In cases where a person backs out a motor vehicle by driving.
· In cases where a person who appears unfit fit to wear a seat belt on account of his/her physical condition such as height or weight drives or takes a motor vehicle.
· In cases where an emergency vehicle is being used for its intended purpose.
· In cases where a person drives or takes a motor vehicle which is being guarded or led by a police car.
· In cases where a person drives or takes a vehicle used for a referendum or an election campaign or for administrative tasks related with a referendum or an election in accordance with the National Referendum Act and the Public Official Election Act.
· In cases where a person drives or takes a motor vehicle in order to carry out a certain kind of work requiring frequent and repeated getting in and out a vehicle, such as the collection and delivery of mail or the collection of waste.
· In cases where the driver of a transportation vehicle, under the Passenger Transport Service Act, cannot force an intoxicated or drugged passenger to fasten his/her seatbelt.