Recently, when I brush a certain tone, I always feel very bad, on the one hand, because it is warm and there are many people who fall on the car; on the other hand (it is also the main factor that causes bad feelings), it is because there is such a group of little cute people, but whenever the motorcycle has some traffic accident, even if it is rear-ended or knocked down by someone, they open their mouths and close their mouths is a sentence "The motorcycle must take the rightmost road." "Whether the car is fully responsible or not, they have to make it clear on the right of way, as if the motorcycle is really inferior."
I'm pretty sure I'm not the only one who feels this way, that I want to scare him, but for a moment and a half I don't know how to pick him up, and then I feel powerless. Because according to the current regulations, they are right, because the law also stipulates that motorcycles need to drive on the right.
But at the same time, we can also feel the irrationality of this matter, and no one can understand the irrationality of this sentence better than the motorcycle driver - motorcycle driving on the rightmost road is not only not helpful to alleviate urban congestion, but also greatly reduces traffic efficiency.
However, the causal relationship between the motorcycle and the right side is unknown and no one has verified, so I immersed myself in the history of motorcycle driving in the "Road Traffic Law", and I am sure that the historical clause of motorcycle driving on the right is indeed a very bad thing, it is more in line with the national conditions of the mainland around 2000, but it is definitely not in line with today's development trend.
The origin of all this has to start from 2003.
Mainland law clearly stipulates that "motorcycles need to drive on the right", which first appeared in the Road Traffic Safety Law of the People's Republic of China and the Regulations on the Implementation of the Road Traffic Safety Law of the People's Republic of China issued in 2003 and 2004.
Article 23 of the Road Traffic Law stipulates that motor vehicles shall drive in motor vehicle lanes. Where two or more motor vehicle lanes are demarcated in the same direction of the road, freight motor vehicles, large passenger vehicles, low-speed trucks, three-wheeled vehicles, tractors, wheeled special mechanical vehicles, empty taxis and motor vehicles driven by drivers during the probationary period shall drive in the slow lane and motorcycles shall drive in the rightmost lane. On roads with main roads and auxiliary roads, low-speed trucks, three-wheeled vehicles, tractors, wheeled special mechanical vehicles and motorcycles should drive on the auxiliary roads.
Article 44 of the Implementing Regulations stipulates that if there are more than 2 motorized lanes in the same direction of the road, the left side is a fast lane and the right side is a slow lane. A motor vehicle driving in the fast lane shall drive at the speed specified in the fast lane, and if the speed specified in the fast lane is not reached, it shall drive in the slow lane. Motorcycles should drive in the rightmost lane. If there is a traffic sign indicating the speed of travel, it shall be driven at the marked speed. When a motor vehicle in the slow lane overtakes the vehicle in front of it, it can borrow the fast lane to drive.
In fact, there are two problems with this regulation that are not clear and controversial.
The first point is, how should this "should" be interpreted?
The second point is, does this law apply to today's road traffic environment?
I'm certainly not as smart as the people who make the law, and doubting is not just raising the bar or finding a field, I really don't understand these things.
Let's first look at the first question, how should "should" be interpreted?
According to the "Legislative Affairs Committee of the Standing Committee of the National People's Congress Document No.: Issued by the Legislative Affairs Commission [2009] No. 62 No. 14" - should, must. There is no substantial difference between the meanings of "shall" and "must". When expressing obligatory norms, the law generally uses "should" instead of "must". From this point of view, motorcycles do have to drive in the right lane, because the law stipulates so.
But this raises a new question: the Road Traffic Safety Law, which stipulates that motorcycles should drive on the right, was enacted in 2003, and the word "should" was only explicitly given the meaning of "must" in 2009, so before 2009 , "should" is also "must"? Can I understand, then, that the pre-2009 provision should be such and such, but does not mean that it must be so and so?
I can't find an explanation for this question, but in terms of reasonableness, I don't think it's a reasonable explanation.
I believe that most people have motor vehicle driver's licenses, then the next step is the core of the problem - who knows:
1. During the internship period, do motor vehicles still need to drive in the slow lane?
2. Do empty taxis also need to drive in the slow lane?
If it is necessary for a motorcycle to drive on the right, then "should" means "must" at this moment, and whether empty taxis and intern novices who do not drive in the middle lane/slow lane also involve violating the law, or should they be complained about by the public?
Obviously, the relevant departments have not carried out such a punishment for many years.
So why? I think this has a lot to do with the efficiency of road traffic, if everyone strictly implements the provisions of Article 23 of the Road Traffic Law, you can imagine how much traffic jams will be in the middle lane and the right lane, how difficult it will be to pass.
Look again at Article 23:
So this kind of regulation that is not quite in line with today's actual situation, you don't comply with it, and maybe no one will bother you, just like "the motorcycle should drive in the rightmost lane", in many cities, even if you don't comply with this rule, there will be no big problem.
I laid so much in front of me in order to illustrate the current situation of the Daojiao method, which also leads to the second question today, that is:
Does the old Road Traffic Safety Act apply to today's road traffic environment? These include these "must drive on the right" regulations.
The answer is obviously not applicable, and if we look at the cycle of development of the Law of Road Traffic, you can see at a glance why the current traffic law does not apply to the current situation.
Our DaoJiao Law went through three periods.
The first version of the Mainland's Traffic Law was the Urban Traffic Rules issued in 1955, when non-motorized vehicles were required to give way to motor vehicles.
Why? Because there are very few cars, and cars represent revival and development, cars deserve to have more efficient rights of passage. When you go out by bike at night, you have to have a palm light.
Why? Because the infrastructure is poor, it is not safe to drive at night without lights. As for motorcycles... There were no motorcycles, just wheeled mechanical bicycles (bicycles), and their right of way was the same as that of motor vehicles, and they could drive in the fast lane.
Why? Because the maximum speed limit on the road at that time was 50km/h, motorcycles and cars performed similarly, and there was no question of who was faster than whom. In this period, there is nothing to be rebuilt, there is no prohibition, the ox cart and carriage still have to be driven on the road, and everyone is happy and harmonious.
The second edition of the Mainland's Traffic Law, the Regulations of the People's Republic of China on Road Traffic Management issued by the State Council in 1988, classified motorcycles in greater detail, dividing motorcycles into two-wheeled, side-three-wheeled, rear three-wheeled, and mopeds, of which only mopeds need to drive on the right side.
Why? Because mopeds were too slow, mopeds at that time were just for transportation, and if there were no regulations on the road, it would definitely affect the efficiency of traffic. The right-of-way of a conventional two-wheeled motorcycle is still the same as that of a car, and only on the high speed does it need to be driven on the right.
Why do you need to be on the right on the highway? This is based on consideration of vehicle performance and safety. At that time, the personal safety protection was almost zero, and the protective performance of helmets and riding suits could not be compared with today; and those motorcycles that could be regularly driven in 1988, even if the performance was good, could not be compared with the cars of the same period, so motorcycles on the highway were naturally limited to the rightmost road.
For the sake of traffic efficiency, mopeds do not have the right to get on the highway from beginning to end.
At this time, the drawbacks of motorcycles began to appear, especially mopeds, which can basically be seen as the prototype of early electric vehicles, which is a relatively cheap means of transportation, slow, and occupies road traffic resources, so mopeds are the first to be classified to the far right of the road for reasonable traffic planning.
The third edition of the Traffic Law is the Road Traffic Safety Law of the People's Republic of China adopted at the Fifth Session of the Standing Committee of the National People's Congress in 2003. It is also this version of the traffic law, with "should" as a literal expression, that divides all motorcycles into the rightmost lane.
Why? Because the end of the 90s was the era of vigorous development of motorcycles on the mainland, and also the era when the per capita income of the mainland began to grow, the small displacement agricultural motorcycles on the mainland sold too much, on the one hand, it became a motorcycle power, on the other hand, everyone grew barbarically, unrestrained, and the accident rate was amazingly high.
Motorcycle traffic accident direct property damage (million yuan) data source: National Bureau of Statistics
Property damage from motorcycle accidents has tripled in seven years.
Number of motorcycle traffic accidents (cases) Data source: National Bureau of Statistics
In seven years, motorcycle accidents have occurred more than five times as often.
With this as a prerequisite, it is difficult for motorcycles to develop well.
Of course, the property damage caused by cars during this time and the number of accidents have also undergone a qualitative leap, but the country needs cars, industry needs cars, development needs cars, GDP needs cars, so cars will continue to develop anyway, and relatively less important motorcycles will definitely be put aside. For the right of way of the car, in order to reduce the accident rate, in order to regulate the motorcycle environment... It is understandable that the motorcycle was driven to the rightmost lane.
But now that it's 2022, the rule that motorcycles drive on the right is no longer as correct as it was then.
Why? Because today's car environment has changed dramatically from 20 years ago.
From the data, we can also find that motorcycle accidents have decreased to the level of 20 years ago.
The motorcycle on the right was based on the slow riding of the motorcycle, the uneven quality of the driver, and the serious consequences of traffic accidents. Because the motorcycle at that time was still a rare object for the family, it was not willing to ride hard, afraid of oil, afraid of damage, no protective gear, and afraid of falling and being seriously injured. And at that time, motorcycles generally did not run as fast as cars, just like the motorcycle army returned home in previous years, if the lanes of small displacement motorcycles were not restricted, the commuting efficiency of the entire city would be reduced.
But now it is different, the current motorcycle has long become synonymous with speed, we can not only ride very fast, but also ride very safely, especially for models above 250cc, ABS is basically already the standard configuration, everyone can ride fast, brake, and the personnel protective gear is also complete, motorcycle "reduce the efficiency of urban commuting" This thing has become history.
Therefore, in the infrastructure, personnel quality, equipment advanced degree have been highly developed today, if you still look at the problem of "motorcycles should drive on the right side" from the perspective of 2003, it is obviously illogical and reasonable.
Of course, there are still cases of motorcycles/electric vehicles riding very slowly in some areas, such as Chongqing, but this should not be a reason to punch all motorcycles into the rightmost lane with a stick. We can take diversion measures, such as fast-riding large-displacement motorcycles can obtain the same right of way as cars, increasing road commuting efficiency, while small-displacement models and electric motorcycles still maintain the rightmost road driving, diverting road resources.
If the motorcycle is still the same as it was then, which is the main reason for congestion or hindering the big guys from driving fast, then you say that the motorcycle must drive on the far right, I think there is nothing wrong with it, after all, this objective factor we can not change. But today's traffic environment has changed, and even most cities have long since released the rules and regulations that motorcycles must drive on the far right, while "you" still raise a keyboard and shout: "Motorcycles should drive on the far right!" Without carrying your own logic and thinking, what is the difference between this and "lazy government one size fits all"?
Nothing is set in stone, and knowing that there was even such a thing as "hooliganism" before, existence is reasonable does not mean that it does not have the possibility of progress or change.
If you still think that motorcycles should be driven on the right for the rest of your life, I don't feel unreasonable, I just feel sorry. I regret that you will only follow the existing rules, face unreasonable things, not only indifferent, do not think, and even complacent, brainlessly shout victory, do not know that this unreasonable continuation will eventually infringe on your interests.
Whether the motorcycle is on the right or not, whether it is scrapped or not, is one of the millions of unreasonable "small things".
You say you don't have a motorcycle? It doesn't matter; you say you don't have pets? It doesn't matter. As long as everyone maintains the same mentality as you, when the knife goes straight to your head, I promise that no one will stand up to protect your rights.