I hereby promulgate the Road Transportation Law. Signed:HIROHITO, Seal of the Emperor This first day of the sixth month of the twenty-sixth year of Showa (June 1, 1951) Prime Minister YOSHIDA Shigeru Law No.183 The Road Transportation Law Contents Chapter I General Provisions (Articles 1-2) Chapter II Motor Carrier Business (Articles 3-46) Chapter III Motor Road and Motor Road Business (Articles 47-75) Chapter IV State Motor Carrier Business and State Motor Road Business (Articles 76-79) Chapter V Broker Business for Truck Operation (Articles 80-95) Chapter VI Light Vehicle Carrier Business (Articles 96-98) Chapter VII Use of Private Motor Vehicles (Articles 99-102) Chapter VIII Road Transportation Council (Articles 103-119) Chapter IX Miscellaneous Provisions (Articles 120-127) Chapter X Penal Provisions (Articles 128-138) Supplementary Provisions CHAPTER I General Provisions
(Purpose) Article 1. The purpose of this Law is to augment public welfare by securing appropriate operation and fair competition of road carrier business, and at the same time, by bringing about the synthetic development of road transportation through establishment of order with regard to road transportation.
(Definitions) Article 2. "Road carrier business" in this Law shall mean motor carrier business, motor road business, broker business for truck operation and light vehicle carrier business. 2 "Motor carrier business" in this Law shall mean a business to transport passengers or goods with compensation by using motor vehicles at the demand of other persons. 3 "Motor road business" in this Law shall mean a business to serve general motor road exclusively for the traffic of motor vehicles. 4 "Broker business for truck operation" in this Law shall mean a business performing with compensation the acts enumerated hereunder at the demand of other persons: (1) Agency business for goods transportation by a motor carrier (referring to a person who manages a motor carrier business;hereinafter the same) under his own name, or reception of goods transported from a motor carrier; (2) Commission of transportation of goods with a motor carrier under another person's name, or reception of goods transported from a motor carrier; (3) Transportation of goods utilizing the transportation performed by a motor carrier. 5 "Light vehicle carrier business" in this Law shall mean a business to transport passengers or goods with compensation by using light vehicles at the demand of other persons. 6 "Motor vehicles" in this Law shall mean motor vehicles under the Vehicles for Road Transportation Law (Law No.185 of 1951), and "light vehicles" shall mean motor bikes and light vehicles under the same Law. 7 "Road" in this Law shall mean a road under the Road Law (Law No.58 of 1919) and other places served for general traffic, and a motor road. 8 "Motor road" in this Law shall mean a road provided with the purpose of serving exclusively to motor vehicle traffic, "a general motor road" shall mean a motor road other than an exclusive motor road, and "an exclusive motor road" shall mean a road provided by a motor carrier with the purpose of serving exclusively to the traffic of his business motor vehicles (referring to a motor vehicle served by a motor carrier for motor carrier business thereof;hereinafter the same).
CHAPTER II Motor Carrier Business
(Kinds) Article 3. Motor carrier business shall be classified into general motor carrier business and specific motor carrier business. 2 The kinds of general motor carrier business (motor carrier business other than specific motor carrier business) shall be as enumerated below: (1) General bus motor carrier business (general motor carrier business to transport passengers other than the motor carrier business referred to in items (2) and (3)); (2) General reserve passenger motor carrier business (general motor carrier business to transport passengers by reserved motor vehicles with riding capacity of eleven persons or more under a single contract); (3) General passenger motor carrier business (general motor carrier business to transport passengers by reserved motor vehicles with riding capacity of ten persons or less under a single contract); (4) General route freight motor carrier business (general motor carrier business to transport goods using motor vehicles along a definite route, other than the motor carrier business referred to in item (6)); (5) General area freight motor carrier business (general motor carrier business to transport goods using motor vehicles without fixing the route, within a definite business area, other than the motor carrier business referred to in the next item); (6) General small-size freight motor carrier business (general motor carrier business to transport goods using only motor vehicles with the maximum loading capacity of one ton or less). 3 The kinds of specific motor carrier business (motor carrier business to transport passengers or goods of a definite extent at the demand of a specific person) shall be as enumerated below: (1) Specific passenger motor carrier business (specific motor carrier business to transport passengers of a definite extent); (2) Specific freight motor carrier business (specific motor carrier business to transport goods of a definite extent).
(Licence) Article 4. Any person who intends to manage a motor carrier business shall obtain the licence therefor of the Minister of Transportation. 2 The licence for a motor carrier business shall be granted in connection with the route, business area as well as the kinds of motor carrier business enumerated in each item of paragraph 2 and each item of paragraph 3 of the preceding Article. 3 The licence for a motor carrier business may be granted by limiting the demanders of transportation, the passengers of goods to be transported and other scope of business. 4 The licence for a motor carrier business for temporary demand may be granted by limiting the period thereof.
(Application for Licence) Article 5. Any person who intends to obtain the licence for a motor carrier business shall submit to the Minister of Transportation an application on which are entered the matters enumerated below: (1) Kind of the motor carrier business intended to be operated; (2) Route or business area under contemplation; (3) Business plan fixed by the Ministry of Transportation Ordinance for each kind of motor carrier business; (4) Reason proving the necessity of the operation of the proposed business for transportation. 2 Any person who comes under any one of the following items shall enter additionally in the application, the matters enumerated in each of the corresponding items, besides those matters enumerated in the preceding paragraph: (1) With any person who intends to obtain the licence of a specific motor carrier business, the name or title and address of the demanders of transportation as well as the extent of passengers or goods intended to be transported; (2) With any person who intends to obtain the licence with limited scope of business under the provisions of paragraph 3 of the preceding Article, the demanders of transportation, the passengers or goods intended to be transported and the scope of business; (3) With any person who intends to obtain the licence with limited period under the provisions of paragraph 4 of the preceding Article, the period thereof. 3 Papers on which are entered the facilities of the business, the estimate of income and expenditure of business and other matters fixed by the Ministry of Transportation Ordinance shall be attached to the application. 4 The Minister of Transportation may require the applicant to submit the copy of commercial register and other necessary papers besides those provided for in the preceding three paragraphs.
(Licensing Standards) Article 6. The Minister of Transportation shall, upon acceptance of the applications provided for in the preceding Article, examine whether the applications meet each of the following items: (1) That the commencement of the proposed business is adequate to the transportation demand; (2) That the commencement of the proposed business augments public convenience; (3) That the transportation capacity provided on the proposed line or in the business area does not become remarkably disproportionate against the volume of transportation demand as the result of the commencement of the proposed business; (4) That the applicant possesses sufficient ability to properly execute the proposed business; (5) That the transportation facilities employed in the proposed business meet the nature of transportation demand on the proposed line or in the business area. 2 The Minister of Transportation shall, upon examination under the provisions of the preceding paragraph, when it is deemed that the application meets the standards referred to in the same paragraph, grant licence for the motor carrier business except in the following cases: (1) When any applicant for licence is a person, with respect to whom two years have not elapsed after he, having been sentenced to a punishment of penal servitude or imprisonment without hard labor of one year or more, has completed the execution of penalty or has been remitted therefrom; (2) When any applicant for licence is a person whose licence for motor carrier business has been cancelled and with respect to whom two years have not elapsed after the day of the cancellation; (3) In cases where the applicant for licence is a minor without the same capacity as a major with regard to the business management or an incompetent person, when his legal representative is a person who comes under either one of the preceding two items; (4) In cases where the person who intends to obtain the licence is a juridical person, when any executive member (inclusive of any person with competency or influence of equal or higher degree, irrespective of denomination whatsoever thereof;hereinafter the same) of the juridical person comes under any one of the preceding three items.
(Commencement of Transportation) Article 7. Any person who obtained the licence for a motor carrier business shall commence the transportation on the date or within the period designated by the Minister of Transportation. 2 When it is impracticable to commence the transportation on the date or within the period referred to in the preceding paragraph on account of natural calamity or other unavoidable causes, the Minister of Transportation may extend the date or period thereof upon application therefor.
(Authorization of Rates, Fares and Charges) Article 8. A motor carrier shall fix the rates, fares and other charges for passengers or goods with respect to transportation and obtain the authorization of the Minister of Transportation therefor. The same shall apply in cases when any alteration thereto is intended. 2 The Minister of Transportation shall, when he intends to grant authorization referred to in the preceding paragraph, grant it in accordance with the following standards: (1) That the rates, fares and charges shall cover the appropriate cost under efficient management, and besides, include appropriate profit; (2) That under discrimination shall not be made with respect to specific passenger or shipper; (3) That there is no apprehension of the utilization of the proposed business by the passenger or shipper being obstructed in view of the capacity to bear rates, fares and charges of the passenger or goods; (4) That there is no apprehension of evoking undue competition with other motor carriers. 3 The rates, fares and charges referred to in paragraph 1 shall be fixed specifically in fixed amount.
(Prohibition of Rebate of Rates, Fares or Charges) Article 9. No motor carrier shall rebate to any passenger or shipper the rates, fares or charges once accepted.
(Acceptance of Rates and Charges) Article 10. Any person who manages motor carrier business referred to in Article 3 paragraph 2 items (4) to (6) inclusive and paragraph 3 item (2) of the same Article (hereinafter referred to as "freight motor carrier" ) shall, before the goods transported are delivered to the consignee, accept the rates and charges for the transportation of goods concerned. 2 A freight motor carrier may deliver the goods transported to the consignee without accepting the rates and charges, irrespective of the provisions of the preceding paragraph, in cases where financial formalities of the shipper require it, and where other unavoidable reasons exist. In this case, the freight motor carrier shall accept within the period fixed by the Ministry of Transportation Ordinance the rates and charges therefor;provided, however, that this shall not apply in cases of natural calamity, or where other unavoidable reasons exist.
(Extension of Acceptance of Rates and Charges) Article 11. When a freight motor carrier fixed the period of extension in connection with the acceptance of rates and charges for the repetitional transportation at the demand of any specific person, and obtained the permission of the Minister of Transportation therefor, such a carrier may deliver the goods transported to the consignee without accepting the rates and charges, irrespective of the provisions of paragraph 1 of the preceding Article. In this case, the freight motor carrier shall accept the rates and charges therefor within the period of extension;provided, however, that this shall not apply in cases of natural calamity or where other unavoidable reasons exist. 2 The Minister of Transportation shall, in granting the permission referred to in the preceding paragraph, grant it in accordance with the following standards: (1) That the acceptance of rates and charges at each time of transportation is exceedingly cumbersome; (2) That undue discrimination is not made against specific shipper; (3) That there is no apprehension to cause undue competition with other freight motor carriers.
(Transportation Clauses) Article 12. Motor carriers shall fix the transportation clauses and obtain the authorization of the Minister of Transportation. This shall also apply when the alteration thereof is intended. 2 The Minister of Transportation shall, when granting the authorization referred to in the preceding paragraph, grant it in conformity with the following standards: (1) That there is no apprehension of lawful profit of the public being deteriorated; (2) That at least the matters as regards the acceptance of rates, fares and charges as well as the responsibility of motor carriers are specifically fixed.
(Posting of Rates, Fares and Charges, etc.) Article 13. Motor carriers shall post, in a way easily seen by the public, the rates, fares and charges and transportation clauses in their business offices and other business places. 2 Any person who manages a general bus motor carrier business (hereinafter referred to as "general bus motor carrier" ) shall post, besides those enumerated in the preceding paragraph, in a way easily seen by the public, the system of operation, frequency of operation and other matters at the business offices and other places, as is fixed by the Ministry of Transportation Ordinance. 3 Any motor carrier shall, when he intends to alter the matters posted in accordance with the provisions of the preceding two paragraphs, post previously to that effect in a way easily seen by the public at the business offices and other business places.
(Confirmation of the Kind and Nature of Goods) Article 14. Motor carriers may, when the application for transportation of goods has been made, require the applicant to declare the kind and nature of the goods. 2 Motor carriers may, in the case of the preceding paragraph, when there is any doubt as to the declaration by the applicant regarding the kind and nature of goods, inspect in the applicant's presence the goods upon obtaining the consent of the applicant. 3 Motor carriers shall, in the case where inspection was made under the provisions of the preceding paragraph, when the kind and nature of the goods proved identical to those declared by the applicant, compensate for the damages caused as the result. 4 In cases where inspection was made by a motor carrier under the provisions of paragraph 2, when the kind and nature of the goods differ from those declared by the applicant, the applicant shall bear the expenses incurred in the inspection.
(The Duty of Reception for Transportation) Article 15. Motor carriers shall not refuse the reception for transportation except in the following cases: (1) When the application for the transportation concerned is not in conformity with the transportation clauses which have been authorized in accordance with the provisions of Article 12; (2) When the applicant fails to make the declaration under the provisions of paragraph 1 of the preceding Article, or fails to give consent to the inspection under the provisions of paragraph 2 of the same Article; (3) When in default of facilities available for the transportation concerned; (4) When any special burden is requested by the applicant regarding the transportation concerned; (5) When the transportation concerned contradicts with the provisions of laws and orders, public order or good morals; (6) When there is any obstacle to transportation owing to natural calamity or other unavoidable reasons; (7) When there is any just reason fixed by the Ministry of Transportation Ordinance besides those enumerated in each of the preceding items.
(Order of Transportation) Article 16. Motor carriers shall transport passengers or goods in the order of reception of the application for transportation;provided, however, that this shall not apply in cases of transportation of an urgent patient or perishable goods, or when any other just reason therefor exists.
(Deposit of Undeliverable Goods) Article 17. Freight motor carriers may, in cases where they are unable to deliver the goods by reasons for which they are not responsible, deposit them with warehouseman at the expense of the shipper. 2 Freight motor carriers shall, when they deposited goods in accordance with the provisions of the preceding paragraph, notify the shipper to that effect without delay. 3 Freight motor carriers may, when they caused the warehouse receipt to be prepared in the case where goods have been deposited, substitute the delivery of the warehouse receipt for the delivery of goods.
(Alteration of Business Plans) Article 18. Motor carriers shall, when they intend to alter business plans, obtain the authorization of the Minister of Transportation;provided, however, that this shall not apply with regard to the alterations concerning the title of business offices, and other trifling matters fixed by the Ministry of Transportation Ordinance. 2 The Minister of Transportation shall, when he intends to grant the authorization referred to in the preceding paragraph, grant it in conformity with the following standards: (1) That there is no apprehension of the public convenience being deteriorated as the result of the alteration of business plans; (2) That the transportation capacity provided on the proposed line or in the business area is not likely to become remarkably disproportionate against the transportation demand as the result of the alteration of business plans. 3 Motor carriers shall, when they altered the business plans as to the matters referred to in the proviso to paragraph 1, report to that effect to the Minister of Transportation.
(Ensuring of Service Fixed in the Business Plants) Article 19. Motor carriers shall, except in cases of natural calamity or where other unavoidable causes exist, perform their service as is fixed in the business plans. 2 The Minister of Transportation may, when he deems that any motor carrier violates the provisions of the preceding paragraph, order the motor carrier concerned to perform its service in conformity with the business plans.
(Agreement concerning Transportation) Article 20. Motor carriers shall, when they intend to conclude a contract in connection with joint use of facilities, through traffic or joint management or other agreements concerning transportation with other carriers or express carriers, obtain the authorization of the Minister of Transportation. This shall also apply in cases where any alteration thereof is intended. 2 The Minister of Transportation shall, when the contract or agreement concerned is one that tends to augment the public convenience, grant the authorization referred to in the preceding paragraph.
(Exceptions from Application of the Law concerning the Prohibition of Private Monopolization and the Methods of Preserving Fair Trade) Article 21. The provisions of the Law concerning the Prohibition of Private Monopolization and the Methods of Preserving Fair Trade (Law No.54 of 1947) shall not apply to any lawful act effected under the authorization referred to in the preceding Article and any lawful act effected under orders under the provisions of Article 33 paragraph 1 (applicable only to the parts concerning the agreements for joint use of facilities, through traffic, joint management and transportation with other carriers or express carriers).
(Transportation of Mails, etc.) Article 22. General bus motor carriers may, incidentally to the transportation of passengers, transport mail, newspapers and other goods of small quantity.
(Collection and Delivery of Goods to be Transported along a Route) Article 23. Any person who manages a general route freight motor carrier business may, when the business area thereof is designated by the Minister of Transportation, collect or deliver within the business area thereof the goods to be transported by the person along the route, irrespective of the provisions of Article 4.
(Transportation outside Business Area) Article 24. Any person who manages a motor carrier business of which business area is fixed shall, in cases where transportation is effected upon the section from the business area thereof to outside of the business area thereof, obtain each time the permission of the Minister of Transportation. 2 The Minister of Transportation shall, in granting the permission of the preceding paragraph, examine whether the transportation concerned is necessary to secure the convenience of passengers or goods, and besides, whether the service of a licensed motor carrier is difficult to acquire on that section or not.
(Report on Accidents) Article 25. A motor carrier shall, when the business motor vehicle thereof overturned, caught fire or otherwise gave rise to any grave accident fixed by the Ministry of Transportation Ordinance, report without delay the category and cause of the accidents and other matters fixed by the Ministry of Transportation Ordinance to the Minister of Transportation.
(Employees) Article 26. A general bus motor carrier or any person who manages a general reserve passenger motor carrier business shall not cause the drivers of motor vehicles, conductors or other employees in the service of passengers or the public to engage in their business, without dressing them in a uniform or otherwise showing them to be the employees thereof. 2 Other than those matters provided for in the preceding paragraph, the service regulations of employees referred to in the same paragraph shall be fixed by the Ministry of Transportation Ordinance.
(Driver) Article 27. The operation of business motor vehicles of any person managing a motor carrier business referred to in Article 3 paragraph 2 items (1) to (3) inclusive shall not be effected except by those persons who combine a certain qualification fixed by the Cabinet Order as to age, driving career and other matters;provided, however, that this shall not apply in cases where such operations are not intended for the transportation of passengers.
(Free Transportation of Infants) Article 28. A general bus motor carrier shall transport without charge one infant at least who is six years of age or under, when such an infant is accompanied by a passenger.
(Act Prohibited to Passengers) Article 29. Passengers utilizing the business motor vehicles of general bus motor carriers shall not carry into the motor vehicle such articles as are likely to cause danger to other passengers or to cause annoyance to other passengers, which are fixed by the Ministry of Transportation Ordinance, nor speak to the driver of the motor vehicle without reason in the motor vehicle in operation or commit acts fixed by the Ministry of Transportation Ordinance. 2 Passengers referred to in the preceding paragraph shall not refuse to present or deliver the tickets for the sake of inspection or collection when requested by the conductor of motor vehicle or other employees. 3 General bus motor carriers may request the passenger who, in contravention of the provisions of the preceding paragraph, refused the presentation or delivery of tickets or passengers without possession of valid ticket, to pay the fares and charges chargeable for the section travelled by the said passenger as well as the additional fares and additional charges of the same amount.
(Delegation to Ministerial Ordinance) Article 30. Other than those provided for by this Law, the tickets or baggage vouchers to be delivered by the motor carrier, matters to be posted in the business motor vehicles and other matters to be observed by motor carriers in order to secure the convenience of passengers or shippers shall be fixed by the Ministry of Transportation Ordinance.
(Accounting) Article 31. Motor carriers shall manage the accounting thereof as fixed by the Ministry of Transportation Ordinance with regard to the business year, classification of accounts, forms of books and papers and other formalities concerning accounting.
(Prohibitions, etc. of Acts Detrimental to Public Convenience) Article 32. Motor carriers shall not require the passengers or shippers to conform to unreasonable conditions of transportation, nor commit any act detrimental to public convenience. 2 Motor carriers shall not engage in any competition which will result in the detriment to the sound development of motor carrier business. 3 Motor carriers shall not give undue discrimination with respect to a specific passenger or shipper. 4 The Minister of Transportation may, when any act provided for in the preceding three paragraphs is committed, order the suspension or alteration of such an act to the motor carrier. 5 The Minister of Transportation shall hear the opinion of such a motor carrier, by previously designating the date and place, when he intends to issue the order referred to in the preceding paragraph. On the occasion of the hearing, opportunities to give opinions, and to produce proofs shall be accorded to such a motor carrier.
(Order for Improvement of Business) Article 33. The Minister of Transportation may, when he deems that there is any fact of the public welfare being deteriorated. as regards the motor carrier's business, order the motor carrier the matters enumerated below: (1) To alter business plans; (2) To alter rates, fares, charges or transportation clauses; (3) To improve motor vehicles and other traffic facilities; (4) To enter into agreements with other carriers or express carriers concerning the joint use of facilities, through traffic, joint management or transportation; (5) To take such necessary measures as to secure smooth transportation of passengers or goods; (6) To conclude insurance contracts to cover the compensation for damages which may be payable in connection with the transportation of passengers or goods. 2 In the case of item (4) of the preceding paragraph, the amount receivable or bearable by the parties concerned and other details of agreement shall be fixed after deliberation between or among the parties concerned. 3 In cases where the deliberation referred to in the preceding paragraph fails to be concluded or where the deliberation could not be held, the Minister of Transportation shall, upon application, arbitrate in decision. 4 Any person who is dissatisfied with the amount receivable or bearable by the parties concerned in the arbitration under the provisions of the preceding paragraph may, within six months from the day on which he knew that the arbitration had been given, request by litigation to increase or reduce the amount thereof;provided, however, that this shall not apply in cases where one year has elapsed after the day on which the arbitration was given. 5 In the litigation of the preceding paragraph, the other parties concerned in the agreement shall be the defendant.
(Order with regard to Transportation) Article 34. The Minister of Transportation may, only in cases where the transportation concerned is necessary to maintain public welfare such as the relief of calamity, etc., and besides, where there is no person performing such transportation, or where such transportation is considerably scarce, require the motor carrier to transport by designating the passenger or goods to be transported, the section over which transportation shall be made, the motor vehicles to be used therefor or the conditions of transportation, or, by designating the order of transportation of passengers or goods, order to conform thereto. 2 Such orders under the provisions of the preceding paragraph as may incur the compensation for loss under the provisions of the next Article shall be issued in such a way that the total amount of compensation necessitated thereby shall not exceed the extent of budgetary amount for which the sanction of the Diet has been obtained.
(Compensation for Loss) Article 35. For those persons who sustained a loss as the result of order under the provisions of paragraph 1 of the preceding Article, the loss thereof shall be compensated. 2 The amount of compensation under the provisions of the preceding paragraph shall be the amount of loss to be sustained normally by the carrier concerned as the result of carrying out such transportation. 3 Other than those provided for in the preceding two paragraphs, necessary matters regarding the compensation for loss shall be fixed by the Ministry of Transportation Ordinance.
(Utilization of Title, Loan of Business, etc.) Article 36. No motor carrier shall allow another person to utilize the title thereof for the sake of motor carrier business. 2 No motor carrier shall allow another person to manage, under the latter's own name, his motor carrier business, whether by loan of business or by any other means whatsoever.
(Loan of Business Motor Vehicles) Article 37. Motor carriers shall obtain the permission of the Minister of Transportation when they intend to loan his business motor vehicles. 2 The Minister of Transportation shall give permission referred to in the preceding paragraph, except in cases where it is deemed that the loan is likely to prove detrimental to public convenience.
(Trust and Acceptance of Trust of the Control of Business) Article 38. As regards the trust and acceptance of trust of the control of motor carrier business, the permission therefor shall be obtained from the Minister of Transportation. 2 The Minister of Transportation shall, when he intends to give permission referred to in the preceding paragraph, give it in accordance with the following standards: (1) That the permission is necessary to operate the business continuously; (2) That the trustee is a person fit to control the business concerned.
(Transfer and Acquisition by Transfer, etc. of Business) Article 39. The transfer and acquisition by transfer of motor carrier business shall not become effective unless the authorization of the Minister of Transportation therefor is obtained. 2 The amalgamation of a juridical person which is a motor carrier shall not become valid unless the authorization of the Minister of Transportation therefor is obtained;provided, however, that this shall not apply in the case of amalgamation of a juridical person which is a motor carrier and one which is not a motor carrier, when the juridical person which is a motor carrier continues to exist. 3 The provisions of Article 6 shall apply mutatis mutandis with regard to the authorization referred to in the preceding two paragraphs. 4 In the cases where the amalgamation of juridical persons which are motor carriers took place, the juridical person that continues to exist after amalgamation or the juridical person established as the result of amalgamation shall succeed to the rights and liabilities based upon the licence.
(Succession) Article 40. In the case of the death of a motor carrier, when the successor (in the case where there are two or more successors, when the successor who shall succeed to the motor carrier business concerned has been fixed upon consultation between or among them, the person) intends to manage continuously the motor carrier business which has been managed by the ancestor, the successor shall obtain the authorization of the Minister of Transportation within sixty days after the death of the ancestor. 2 In the case where the successor has submitted the application for authorization referred to in the preceding paragraph, the licence of motor carrier business granted to the ancestor shall be regarded as having been granted to the successor thereof, from the day of the death of the ancestor to the day on which the notice to the effect that the authorization thereof has been given or the authorization thereof shall not be given. 3 The provisions of Article 6 shall apply mutatis mutandis as to the authorization referred to in paragraph 1. 4 Any person who has obtained the authorization referred to in paragraph 1 shall succeed to the rights and liabilities based upon the licence which has been granted to the ancestor.
(Suspension and Abandonment of Business) Article 41. Motor carriers shall, when they intend to suspend the whole or part of their business, or to abandon it, obtain the permission of the Minister of Transportation. 2 The Minister of Transportation shall, except in cases where it is deemed that there is any apprehension of the public convenience being deteriorated to a considerable extent as the result of the proposed suspension or abandonment, give permission referred to in the preceding paragraph. 3 The permission for the suspension of business referred to in paragraph 1 shall not be given for a period exceeding one year. 4 The provisions of the preceding two paragraphs shall not apply to the suspension or abandonment of business on account of the damage to roads or bridges, or other right causes. 5 Motor carriers shall, when they intend to suspend the whole or part of their business or abandon it, previously post to that effect in a way easily seen by the public at business offices and other business places.
(Dissolution of Juridical Person) Article 42. The resolution of dissolution of a juridical person which is a motor carrier or the consent of entire members thereto shall not be valid unless the authorization of the Minister of Transportation is obtained thereto. 2 The provisions of paragraphs 2 and 4 of the preceding Article shall apply mutatis mutandis with regard to the authorization referred to in the preceding paragraph.
(Discontinuance of Business and Cancellation of Licence) Article 43. The Minister of Transportation may, when any motor carrier comes under any one of the following items, order the discontinuance of the business for a definite period of six months or less, or cancel the licence: (1) When this Law, order under this Law or dispositions based thereupon, or the conditions attached to licence, permission or authorization have been violated; (2) When, without right reasons, the matters permitted or authorized have not been practised; (3) When any motor carrier has come to fall under Article 6 paragraph 2 item (1), item (3) or item (4).
(Invalidation of Licence) Article 44. In the following cases, the licence of a motor carrier business shall lose its validity: (1) When the transportation has not been commenced on the date or within the period referred to in Article 7; (2) When the permission for the abandonment of business has been given; (3) When the period which has been limited under the provisions of Article 4 paragraph 4 has matured.
(Special Provisions with regard to a Specific Motor Carrier Business) Article 45. The provisions of Article 12 to Article 16 inclusive, Article 41 and item (2) of the preceding Article shall not apply to a specific motor carrier business. 2 Any person who manages a specific motor carrier business shall, when he suspended or abandoned the business, report to that effect to the Minister of Transportation within thirty days from that day. 3 The licence of a specific motor carrier business shall lose its validity when the report on the abandonment of business was submitted.
(Special Provisions with regard to Express Carriers) Article 46. Any person who has obtained the licence to manage express business by using motor vehicles, or any person who has newly obtained the authorization to use motor vehicles under the provisions of Article 13 of the Express Business Law (Law No.241 of 1949) shall, as regards the application of the provisions of Article 4 paragraph 1, Article 20, Article 21, Article 24, Article 25, Article 30, Article 33 paragraph 1 item (4) and paragraph 2 to paragraph 5 inclusive, Article 36, Article 37 and Article 43, be regarded as a person who obtained the licence of a freight motor carrier business for the express business as to the kinds and business area to be designated by the Minister of Transportation.
CHAPTER III Motor Road and Motor Road Business
(Licence) Article 47. Any person who intends to manage a motor road business shall obtain the licence of the Ministers of Transportation and Construction. 2 The licence of a motor road business shall be granted with regard to a route. 3 The licence of a motor road business may be granted with limited kinds of passing motor vehicles.
(Application for Licence) Article 48. Any person who intends to obtain the licence for motor-road business shall submit an application on which the matters enumerated below are entered to the Ministers of Transportation and Construction: (1) Route under contemplation; (2) Business plans to be fixed by the Ministerial Ordinance; (3) Reason necessitating the management of the proposed business for transportation; (4) Whether the construction work for the commencement of the proposed business is necessary or not. 2 Any person who intends to obtain the licence with limited kinds of passing motor vehicles in accordance with the provisions of paragraph 3 of the preceding Article shall, besides the matters enumerated in the preceding paragraph, enter in the application the kinds of motor vehicles which shall be allowed to pass. 3 Papers on which are entered the route-map and facilities for business, estimate of business income and expenditure of general motor road and other matters fixed by the Ministerial Ordinance shall be attached to the application. 4 The Ministers of Transportation and Construction may require the applicant to submit the copy of commercial register and other necessary papers besides those provided for in the preceding three paragraphs.
(Licensing Standards) Article 49. The Ministers of Transportation and Construction shall, when they received the aplication provided for in the preceding Article, examine whether the application meets the following items on not (1) That the commencement of the proposed business augments the public convenience; (2) That the selection of the route of the proposed business meets the purpose of the management of the proposed business; (3) That the scale of the proposed general motor road meets the volume and nature of traffic demand in the area concerned; (4) That the applicant possesses sufficient ability to properly execute the proposed business; (5) Other than those enumerated in each of the preceding items, the plan of the proposed business is pertinent to the execution of longterm management of the proposed business. 2 The Ministers of Transportation and Construction shall, upon examination in conformity with the provisions of the preceding paragraph, when it is deemed that the application meets the standards referred to in the same paragraph, grant licence of the motor road business except in the following cases: (1) When any person who intends to obtain the licence, with respect to whom two years have not elapsed after he, having been sentenced to punishment of penal servitude or imprisonment without hard labor of one year or more, has completed the execution of penalty or has been remitted therefrom; (2) When any person who intends to obtain licence is a person with respect to whom two years have not elapsed after the day. of the cancellation of the licence of motor road business; (3) When any person who intends to obtain licence is a minor without the same capacity as a major concerning the management of business or an incompetent person, when his legal representative is a person coming under any one of the preceding two items; (4) In the case where the person who intends to obtain the licence is a juridical person, when any executive member of that juridical person is a person coming under any one of the preceding three items.
(Execution of Construction Work) Article 50. Any person who has obtained the licence of motor road business (hereinafter referred to as "motor road operator" ) shall fix the design of construction work as to the construction and facilities of a general motor road, and apply for the authorization of the execution of construction work within the period to be designated by the Ministers of Transportation and Construction;provided, however, that this shall not apply when no construction work is necessitated for a general motor road to be served for the proposed business. 2 The Ministers of Transportation and Construction shall, when the application referred to in the preceding paragraph was made, give authorization referred to in the preceding paragraph by designating the period of the commencement and completion of construction work, except in cases where it is deemed that the design of construction fails to meet the business plans and the standards provided for in the next Article. 3 The Ministers of Transportation and Construction may, when the application for authorization could not be submitted within the period referred to in paragraph 1 on account of natural calamity or other unavoidable reasons, extend the period when the application is made therefor.
(Technical Standard of a General Motor Road) Article 51. A general motor road shall not be so constructed as to form a level crossing with a road, a railway or a tramway;provided, however, that this shall not apply in cases where traffic volume is scarce or special reasons exist, where facilities fixed by Ministerial Ordinance are provided. 2 A general motor road shall be subject to technical standards fixed by the Ministerial Ordinance as to such construction and facilities as its width, gradient, curve, sight distance, communication facilities, etc.
(Commencement of Construction Work) Article 52. Motor road operators shall, when they obtained the authorization for the execution of the construction work, commence the construction work of the general motor road within the period for the commencement of the construction work referred to in Article 50 paragraph 2. 2 The provisions of Article 50 paragraph 3 shall apply mutatis mutandis to the period referred to in the preceding paragraph. 3 Motor road operators shall, when they commenced the construction work referred to in paragraph 1, report to that effect to the Ministers of Transportation and Construction without delay.
(Public Notification of Routes, etc.) Article 53. The Ministers of Transportation and Construction shall, when they have authorized the execution of construction work of a general motor road in accordance with the provisions of Article 50 paragraph 1, make public notification of routes, width and other matters fixed by the Ministerial Ordinance.
(Alteration of the Design of Construction Work) Article 54. Motor road operators shall, when they intend to alter the design of construction work, obtain the authorization of the Ministers of Transportation and Construction;provided, however, that this shall not apply as to the alteration of the design of trifling construction work fixed by the Ministerial Ordinance, such as the extension of the width of road shoulder, etc. 2 The Ministers of Transportation and Construction shall, except in cases where it is deemed to come to fail, as the result of the alteration of design of construction work, to meet the business plans and the standards referred to in Article 51, give authorization referred to in the preceding paragraph. 3 Motor road operators shall, when they altered the design of the construction work referred to in the proviso to paragraph 1, report to that effect without delay to the Ministers of Transportation and Construction.
(Order for the Alteration of Design of Construction Work) Article 55. The Ministers of Transportation and Construction may, when it is deemed that there is any apprehension of causing difficulty to the passing of motor vehicles as the result of the happening of condition which could not be foreseen at the time of the authorization of the execution of construction work referred to in Article 50 paragraph 1, during the execution of the construction work, order the alteration of the design of construction work.
(Completion of Construction Work) Article 56. Motor road operators shall complete the construction work of a general motor road within the period of the completion of the construction work referred to in Article 50 paragraph 2. 2 The provisions of Article 50 paragraph 3 shall apply mutatis mutandis to the period referred to in the preceding paragraph.
(Completion Inspection of Construction Work and the Commencement of Opening to Use) Article 57. Motor road operators shall, when the construction work of a general motor road is completed, undergo the inspection of the Ministers of Transportation and Construction without delay. 2 The Ministers of Transportation and Construction shall, after inspection referred to in the preceding paragraph, when it is deemed that the construction and facilities of the general motor road concerned meet the design of construction work referred to in Article 50 paragraph 1 (the altered ones, when there was any alteration under the provisions of Article 54 or Article 55), and besides, meet the business plans and the standards referred to in Article 51 as to the parts which necessitated no construction work, decide it as passed. 3 Motor road operators shall, when the general motor road was decided as passed after inspection thereof referred to in the preceding paragraph, commence the opening to use thereof without delay. 4 Motor road operators shall, when they commenced the opening to use of general motor road, report to that effect to the Ministers of Transportation and Construction without delay.
(Inspection of Construction and Facilities and Commencement of Opening to Use) Article 58. Motor road operators shall, when the construction work of a general motor road is not necessary, undergo the inspection of the Ministers of Transportation and Construction as to whether the construction and facilities of general motor road meet the business plans and the standards referred to in Article 51, within the period to be designated by the Ministers of Transportation and Construction at the time when the licence was given. 2 The provisions of paragraphs 3 and 4 of the preceding Article shall apply mutatis mutandis when the passing in the inspection referred to in the preceding paragraph and the commencement of opening to use were effected.
(Partial Inspection and Commencement of Opening to Use) Article 59. Motor road operators may undergo the inspection of the Ministers of Transportation and Construction as to a part of a general motor road. 2 The provisions of Article 57 paragraph 2 shall apply mutatis mutandis in the cases of inspection referred to in the preceding paragraph. 3 The provisions of Article 57 paragraphs 3 and 4 shall apply mutatis mutandis in cases where the passing in the inspection referred to in the preceding paragraph and the commencement of the opening to use were effected.
(Inspection of Business Resumption and the Commencement of Opening to Use thereof) Article 60. Motor road operators shall, when they intend to resume the whole or part of a motor road business which has been in suspension, undergo the inspection of the Ministers of Transportation and Construction as to whether the construction and facilities of a general motor road meet the business plans and standards referred to in Article 51. 2 The provisions of Article 57 paragraphs 3 and 4 shall apply mutatis mutandis in cases where the passing in the inspection referred to in the preceding paragraph and the commencement of the opening to use were effected.
(Tolls) Article 61. Motor road operators shall fix the tolls for a general motor road, and obtain the authorization of the Minister of Transportation. The same shall apply also in cases where any alteration thereof is intended. 2 The Minister of Transportation shall, when he intends to grant the authorization referred to in the preceding paragraph, grant it in accordance with the following standards: (1) That the tolls shall cover the appropriate cost under efficient management, and besides, include appropriate profit; (2) That undue discrimination shall not be made with respect to specific user; (3) That there is no apprehension of the utilization by the users being made difficult in view of the capacity to bear the tolls. 3 The tolls referred to in paragraph 1 shall be fixed specifically in fixed amount.
(Clauses for Opening to Use) Article 62. Motor road operators shall fix the clauses for opening to use, and obtain the authorization of the Minister of Transportation. The same shall also apply in cases where any alteration thereof is intended 2 The provisions of Article 12 paragraph 2 shall apply mutatis mutandis as to the authorization referred to in the preceding paragraph.
(Limitations on the Opening to Use for the sake of Safety) Article 63. Motor road operators shall fix the limitations on the opening to use for safety fixed by the Ministerial Ordinance such as the weight of passing motor vehicles, etc., and obtain the authorization therefor of the Ministers of Transportation and Construction. The same shall also apply when any alteration thereof is intended. 2 The Ministers of Transportation and Construction shall, when they intend to grant the authorization referred to in the preceding paragraph, grant it in accordance with the following standards: (1) That there is no apprehension to cause danger for the passing of motor vehicles; (2) That there is no apprehension to aggravate the preservation of general motor roads; (3) That a remarkable deterioration will not be caused to the passing efficiency of motor vehicles.
(Posting of Tolls, etc.) Article 64. Motor road operators shall post the tolls, clauses of opening to use and the matters authorized in accordance with the provisions of the preceding Article in a way easily seen by the public at business offices and other business places. 2 The provisions of Article 13 paragraph 3 shall apply mutatis mutandis to the cases where any alteration is intended to the matters posted in accordance with the provisions of the preceding paragraph.
(Duty of Opening to Use) Article 65. Motor road operators shall not refuse to open the general motor roads to use except in the following cases: (1) When the application for opening to use concerned is not based upon the clauses for opening to use which have been authorized in accordance with the provisions of Article 62; (2) When the application for opening to use concerned comes under the limitations on the opening to use which have been authorized in accordance with the provisions of Article 63; (3) When any special burden has been requested by the user in connection with the opening to use concerned; (4) When, as the result of the opening to use concerned, the passing of other motor vehicles is likely to be remarkably hindered; (5) When the opening to use concerned is contrary to the provisions of laws and orders, or public order or good morals; (6) When the passing of motor vehicles is hindered on account of natural calamity or other unavoidable reasons.
(Alteration of Business Plans) Article 66. Motor road operators shall, when they intend to alter the business plans, obtain the authorization of the Ministers of Transportation and Construction;provided, however, that this shall not apply as regards the alteration of the title of business office or such other trifling matters as may be fixed by the Ministerial Ordinance. 2 The Ministers of Transportation and Construction shall, when they intend to grant the authorization referred to in the preceding paragraph, grant it in accordance with the following standards: (1) That there is no apprehension of the public convenience being deteriorated as the result of the alteration of business plans; (2) That the scale of the general motor road concerned is not likely to prove unfit to the volume and nature of the traffic demand in the area concerned as the result of the alteration of the business plans. 3 Motor road operators shall, when they have altered the business plans in regard to the matters referred to in the proviso to paragraph 1, report to that effect, without delay, to the Ministers of Transportation and Construction.
(Alteration of Construction or Facilities) Article 67. The provisions of Article 54 shall apply mutatis mutandis to the cases where any motor road operator alters the construction or facilities of general motor roads.
(Control of General Motor Roads) Article 68. Motor road operators shall maintain the general motor roads in such a manner as the construction and facilities thereof meet the business plans and the standards referred to in Article 51. 2 Motor road operators shall inspect the general motor roads in conformity with the methods fixed by the Ministerial Ordinance. 3 Motor road operators shall, in case the passing of motor vehicles on any general motor road is hindered on account of natural calamity or other reasons, take immediately such appropriate measure for the prevention of danger as the prohibition of passing thereover, and at the same time, shall restore it. 4 Motor road operators shall, in the case of the preceding paragraph, report without delay to the Ministers of Transportation and Construction the matters fixed by the Ministerial Ordinance. 5 Motor road operators shall, irrespective of the provisions of the Road Traffic Control Law (Law No.130 of 1947), establish road signs to be fixed by the Cabinet Order. 6 Motor vehicles to pass general motor roads shall be subject to the indications of road signs referred to in the preceding paragraph.
(Entry in and Use of Lands) Article 69. Motor road operators may, when it is necessary for survey, field investigation or construction work in connection with the general motor roads, enter the lands of other persons, or make use of the lands thereof temporarily as material yards, upon obtaining the permission of the governor of To, Do, Fu or prefecture. 2 Motor road operators shall, when the entry or use is intended in accordance with the provisions of the preceding paragraph, notify previously the occupant of the lands to that effect, except in cases where unavoidable reasons exist. 3 Any loss inflicted as the result of the entry or use under the provisions of paragraph 1 shall, without delay, be compensated by the operator concerned after the entry or use thereof. 4 The loss to be compensated in accordance with the provisions of the preceding paragraph shall be the loss likely to be ordinarily inflicted as a result of entry or use under the provisions of paragraph 1. 5 In cases where the deliberation with regard to the compensation under the provisions of paragraph 3 fails to be concluded or where the deliberation could not be held, the governor of To, Do, Fu or prefecture shall arbitrate in decision upon application. 6 Any person who is dissatisfied with the amount of compensation arbitrated under the provisions of the preceding paragraph may, within six months from the day on which he knew that the arbitration had been given, request by litigation to increase or reduce the amount thereof;provided, however, that this shall not apply in cases where one year has elapsed after the day on which the arbitration had been given. 7 In the litigation referred to in the preceding paragraph, the operator concerned or the person who is to receive the compensation shall be the defendant.
(Order for the Improvement of Business) Article 70. The Ministers of Transportation and Construction may, when they deem that there is a fact of the public welfare being deteriorated as regards the business of a motor road operator, order the motor road operator the matters enumerated below; (1) To alter the business plans or the limitations on the opening to use referred to in Article 63; (2) To improve the construction or facilities of general motor roads. 2 The Minister of Transportation may, when he deems that there is a fact of the public welfare being deteriorated as to the business of motor road operator, order the motor road operator to alter the tolls or the clauses for opening to use.
(Invalidation of Licence) Article 71. The licence for motor road business shall lose item validity in the following cases: (1) When the application for the authorization of the execution of construction work has not been made within the period referred to in Article 50 paragraphs 1 and 3; (2) When the disposition of disapproval has been given for the application under the provisions of Article 50 paragraph 1; (3) When the construction work has not been commenced within the period referred to in Article 52 paragraph 1; (4) When the disposition of rejection has been given as the result of the inspection under the provisions of Article 58; (5) When the permission for abandonment of business has been given.
(Provisions Applicable Mutatis Mutandis) Article 72. The provisions of Article 9, Article 31, Article 32, Article 36, Articles 38 to 40 inclusive, Article 41 paragraphs 1, 2 and 5, Article 42 as well as Article 43 shall apply mutatis mutandis to motor road business. In this case, "the Minister of Transportation" in these provisions shall read "the Ministers of Transportation and Construction" .
(Construction of Roads, etc. Connecting with General Motor Roads) Article 73. Except in cases where the efficiency of the general motor roads concerned is adversely affected, motor road operators shall not be allowed to refuse in cases where the State or any person who has obtained the permission of the State intends to construct the roads under the Road Law, motor roads, rivers, canals, railways, tramways or cableways which connect with or approach to, or cross the general motor roads. 2 The Ministers of Transportation and Construction may, in the case of the preceding paragraph, order the alteration of construction or facilities, or the joint use of facilities to the motor road operator, when they deem it necessary to secure public welfare. 3 In the cases of the preceding two paragraphs, when the deliberation fails to be concluded in connection with the execution thereof and the method thereof as well as the burden of expenses, the Ministers of Transportation and Construction shall arbitrate in decision upon application. The same shall also apply as to the compensation for loss infiicted upon the motor road operator. 4 The provisions of Article 69 paragraphs 3 and 4, and the provisions of paragraphs 6 and 7 of the same Article shall apply mutatis mutandis to the cases of paragraphs 1 and 2, and to the case of the preceding paragraph, respectively.
(Construction of General Motor Road Connecting with Road, etc.) Article 74. Motor road operators may construct a general motor road which connects with or approaches to, or cross the roads under the Road Law, rivers or canals, upon obtaining the permission of the controller of the roads under the Road Law, rivers or canals. 2 The controller referred to in the preceding pargaraph shall permit the construction except in the case of the efriciency of the public utilities concerned being adversely affected thereby.
(Exclusive Motor Roads) Article 75. The provisions, of Articles 50 to 60 inclusive, Article 63, Articles 67 to 70 inclusive, Article 73 and the preceding Article shall apply mutatis mutandis to the exclusive motor roads. In this case, "the Ministers of Transportation and Construction" in these provisions shall read "the Minister of Transportation" .
CHAPTER IV State Motor Carrier Business and State Motor Road Business
(Management of Motor Carrier Business) Article 76. When the State intends to manage a motor carrier business, the government office concerned shall obtain the approval of the Minister of Transportation. 2 The provisions of Article 4 paragraphs 2 to 4 inclusive and Article 5 shall apply mutatis mutandis as to the approval referred to in the preceding paragraph.
(Compensation) Article 77. When as the result of the management by the State of a motor carrier business with fixed route, a person who operates a motor carrier business which are operated along the same route has become unable to manage the business continuously as to the portion along which the route is commonly operated, or the profit therefrom has remarkably decreased, the State may make compensation for the loss sustained by the motor carrier in accordance with the provisions of Cabinet Order. The same shall apply in cases where the said person has become unable to operate the business continuously as to the portion along which the route is not commonly operated.
(Management of Motor Road Business) Article 78. When the State intends to manage a motor road business, the government office concerned shall obtain the approval of the Ministers of Transportation and Construction. 2 The provisions of Article 47 paragraphs 2 and 3 and Article 48 shall apply mutatis mutandis as to the approval referred to in the preceding paragraph.
(Exceptions to Application) Article 79. The provisions of Articles 4 to 7 inclusive, Article 12, Article 18 (except the alteration of the business plans related to the important matters and which is provided for by the Ministry of Transportation Ordinance), Article 19 paragraph 2, Article 20, Article 21, Article 31, Article 32 paragraphs 4 and 5, Articles 33 to 40 inclusive, Article 42, Article 43, Articles 46 to 50 inclusive, Article 52, Articles 54 to 60 inclusive, Article 62, Article 63, Article 67, Article 70, Article 72 (except the parts concerning the application with necessary modifications of the provisions of Article 9 as well as Article 41 paragraphs 1, 2 and 5), Article 75 (except the parts concerning the application with necessary modifications of the provisions of Article 51, Article 53, Article 68, Article 69, Article 73 and Article 74) and Article 123 shall not apply to the motor carrier business and motor road business managed by the State. 2 In the provisions applicable as regards the motor carrier business as well as the motor road business managed by the State, "licence" , "permission" or "authorization" shall read "approval" .
CHAPTER V Broker Business for Truck Operation
(Registration) Article 80. Any person who intends to manage a broker business for truck operation shall obtain the registration to be effected by the Minister of Transportation. 2 The registration referred to in the preceding paragraph shall be effected as to the separate category referred to in each item of Article 2 paragraph 4.
(Application for Registration) Article 81. Any person who intends to obtain the registration of broker business for truck operation shall submit to the Minister of Transportation an application on which are entered the matters enumerated below: (1) Categories referred to in each item of Article 2 paragraph 4; (2) Locality of principal office and other business offices; (3) Trade name and mark employed for business management; (4) Name or title and address of the motor carrier who will be the other party in the action referred to in each item of Article 2 paragraph 4; (5) In the case of a juridical person, the names of the executive members thereof. 2 Papers on which are entered the facilities of business, estimate of business income and expenditure and other matters fixed by the Ministry of Transportation Ordinance shall be attached to the application.
(Execution of Registration) Article 82. The Minister of Transportation shall, in the cases where there was any application for registration under the provisions of the preceding Article, register the matters enumerated below in the register of brokers for truck operation, except in the cases where the registration is rejected in accordance with the provisions of paragraph 1 of the following Article: (1) Matters enumerated in each item of paragraph 1 of the preceding Article; (2) Date of registration; (3) Name or title and address of the person concerned. 2 The Minister of Transportation shall, in cases where the registration under the provisions of the preceding paragraph has been made, notify to that effect to the applicant for registration.
(Rejection of Registration) Article 83. The Minister of Transportation shall, in cases where the application for registration comes under any one of the following items, reject the registration thereof: (1) Any person who was sentenced to penal servitude or imprisonment without hard labor of three years or more, and with whom two years have not elapsed after he has completed the execution of penalty or has been remitted therefrom; (2) Any person whose registration of broker business for truck operation has been cancelled, and with respect to whom two years have not elapsed after the day of cancellation thereof; (3) With a minor without the same capacity as the major with regard to business management or an incompetent person, when the legal representative thereof comes under any one of the preceding two items; (4) With a juridical person, any executive member of which comes under any one of the preceding three items; (5) Any person without the facilities necessary for the business fixed by the Ministry of Transportation Ordinance; (6) Any person without sufficient resources and credit to accomplish the business concerned. 2 The Minister of Transportation shall, when he has rejected the registration in accordance with the provisions of the preceding paragraph, notify the applicant to that effect, stating the reasons therefor.
(Report on the Commencement of Business) Article 84. Any person who has obtained the registration referred to in Article 80 (hereinafter referred to as "broker for truck operation" ) shall, when he has commenced the business, report to that effect to the Minister of Transportation within thirty days from that day.
(Rates and Charges) Article 85. Any broker for truck operation shall fix the rates and charges relating to the business, and shall obtain the authorization of the Minister of Transportation. This shall also apply in cases where any alteration thereof is intended. 2 The provisions of Article 8 paragraph 2 shall apply mutatis mutandis as to the authorization referred to in the preceding paragraph.
(Brokerage Clauses) Article 86. Any broker for truck operation shall fix the brokerage clauses, and shall obtain the authorization of the Minister of Transportation. The same shall also apply to the cases where any alteration thereof is intended. 2 The provisions of Article 12 paragraph 2 shall apply mutatis mutandis as to the authorization referred to in the preceding paragraph.
(Posting of Rates, Charges and Brokerage Clauses) Article 87. Any broker for truck operation shall post the rates, charges and brokerage clauses at the principal office and other business offices in a way easily seen by the public. 2 The provisions of Article 13 paragraph 3 shall apply mutatis mutandis to the cases where any alteration to the matters posted in accordance with the provisions of the preceding paragraph is intended.
(Alteration, etc. of Matters of Registration) Article 88. Any broker for truck operation shall, when there has been any alteration as to the matters enumerated in each item of Article 81 paragraph 1, report to that effect to the Minister of Transportation within thirty days from that day. 2 The provisions of Article 82 shall apply mutatis mutandis to the cases where any report on the alteration under the provisions of the preceding paragraph has been made. 3 Any broker for truck operation shall, when he has altered facilities for business fixed by the Ministry of Transportation Ordinance, report within thirty days from the day to that effect to the Minister of Transportation.
(Prohibited Acts) Article 89. Any broker for truck operation shall not commit any act enumerated in each item of Article 2 paragraph 4 with persons other than motor carriers registered in accordance with the provisions of Article 82 paragraph 1 in the register of brokers for truck operation.
(Order for Securing Business Facilities) Article 90. The Minister of Transportation may, when any broker for truck operation has ceased to possess facilities for business fixed by the Ministry of Transportation Ordinance in accordance with the provisions of Article 83 paragraph 1 item (5), order to be provided therewith.
(Report on Suspension, Abandonment, etc. of Business) Article 91. Any broker for truck operation shall, when he has suspended the business, report within thirty days from the day to that effect to the Minister of Transportation. 2 Any broker for truck operation shall, when he has abandoned the business, or transferred the whole of the business, report to that effect to the Minister of Transportation within thirty days from that day. 3 When any juridical person who is a broker for truck operation has come under the case enumerated in any one of the following items, the person enumerated in the item concerned shall report to the Minister of Transportation to that effect within thirty days from that day: (1) In the case where a juridical person has been extinguished as the result of amalgamation, the person who has been an executive member in charge of the business thereof; (2) In the case where a juridical person has been dissolved with reasons other than amalgamation or bankruptcy, the liquidator thereof; (3) In the case of dissolution of a juridical person by bankruptcy, the receiver thereof. 4 On the death of a broker for truck operation, the successor shall report to the Minister of Transportation within thirty days after the death of the ancestor. 5 In the case of the death of a broker for truck operation, when the successor has made an application for registration within sixty days after the death of the ancestor, the registration of broker business for truck operation obtained by the ancestor shall be regarded as having been obtained by the successor for the period from the day of the death of the ancestor to the day on which the notice is served to the effect that the registration has been effected or that the registration has been rejected.
(Suspension of Business and Cancellation of Registration) Article 92. The Minister of Transportation may, when any broker for truck operation comes under any one of the following items, order the suspension of business for a definite period of three months or less, or cancel the registration of the broker business for truck operation: (1) When he has violated this Law, orders under this Law or dispositions thereunder; (2) When he fails to execute the matters for which authorization has been obtained without right reason; (3) When he has come to fall under Article 83 paragraph 1 item (1), (3) or (4). 2 The provisions of Article 32 paragraph 5 shall apply mutatis mutandis to the cases where the Minister of Transportation intends to effect the acts referred to in the preceding paragraph.
(Deletion of Registration) Article 93. The Minister of Transportation shall, when the report under the provisions of Article 91 paragraphs 2, 3 and 4 has been made, or when he has effected the cancellation of registration in accordance with the provisions of the preceding Article, delete the registration of the broker business for truck operation concerned. 2 The provisions of Article 82 paragraph 2 shall apply mutatis mutandis to the cases where the registration has been deleted in accordance with the provisions of the preceding paragraph.
(Incidental Business) Article 94. The provisions of Articles 85 to 87 inclusive shall apply mutatis mutandis as to the packing and sorting of goods, collection and advance of accounts to be conducted ordinarily by broker for truck operation as incidental to the business concerned, and other business ordinarily incidental to the broker business for truck operation.
(Provisions Applicable Mutatis Mutandis) Article 95. The provisions of Article 32 paragraph 1 and paragraphs 3 to 5 inclusive and Article 36 shall apply mutatis mutandis to the broker business for truck operation.
CHAPTER VI Light Vehicle Carrier Business
(Report with regard to the Business) Article 96. Any person who intends to manage a light vehicle carrier business shall report to the administrative office the matters fixed by the Ministry of Transportation Ordinance. This shall also apply in cases where any person who manages a light vehicle carrier business (hereinafter referred to as "a light vehicle carrier" ) intends to alter the matters reported.
(Order for Suspension of Business) Article 97. The administrative office may, when any light vehicle carrier has violated this Law or dispositions under this Law, order the suspension of the business for a definite period of three months or less. 2 The provisions of Article 32 paragraph 5 shall apply mutatis mutandis to the cases where the administrative office intends to issue the order referred to in the preceding paragraph.
(Provisions Applicable Mutatis Mutandis) Article 98. The provisions of Article 32 paragraph 1 and Article 91 paragraphs 1 to 4 inclusive shall apply mutatis mutandis to light vehicle carrier business. In this case, "the Minister of Transportation" in these provisions shall read "the administrative office" .
CHAPTER VII Use of Private Motor Vehicles
(Report on Use, etc.) Article 99. Any person who intends to use other motor vehicles than business motor vehicles (hereinafter referred to as "private motor vehicles" ) shall report to the Minister of Transportation the matters fixed by the Ministry of Transportation Ordinance. This shall also apply in cases where any person who uses private motor vehicles intends to alter the matters reported. 2 Any person who uses private motor vehicles shall, when he has abandoned the use of private motor vehicles, report to that effect to the Minister of Transportation within thrity days from that day.
(Permission for Joint Use) Article 100. Any person who intends to make joint use of private motor vehicles shall obtain the permission of the Minister of Transportation. 2 The Minister of Transportation shall give permission referred to in the preceding paragraph, except in cases where he deems that the state of joint use of private motor vehicles is similar to the operation of a motor carrier business.
(Prohibition of Transportation with Compensation and Limitations on Loan for Hire) Article 101. No private motor vehicle shall be served for transportation with compensation;provided, however, that the same shall not apply in the case of urgent necessity on account of calamity, or in the case of unavoidable circumstances to secure public welfare where the permission of the Minister of Transportation therefor has been obtained. 2 No private motor vehicle shall be loaned with compensation without obtaining the permission therefor of the Minister of Transportation. 3 The provisions of paragraph 2 of the preceding Article shall apply mutatis mutandis as to the permission referred to in the preceding paragraph.
(Limitation on and Prohibition of Use) Article 102. The Minister of Transportation may, when any person who uses private motor vehicles comes under any one of the following items, limit or prohibit the use of private motor vehicles for a definite period of six months or less: (1) When he has managed a motor carrier business by using a private motor vehicle without obtaining the licence referred to in Article 4; (2) When he has served a private motor vehicle for joint use without obtaining the permission referred to in Article 100; (3) When he has served a private motor vehicle for the transportation with compensation (except the cases referred to in the proviso to paragraph 1 of the preceding Article); (4) When he has loaned with compensation a private motor vehicle without obtaining the permission referred to in paragraph 2 of the preceding Article. 2 The provisions of Article 32 paragraph 5 shall apply mutatis mutandis to the cases where the Minister of Transportation intends to effect the act referred to in the preceding paragraph.
CHAPTER VIII Road Transportation Council
(Establishment) Article 103. The Road Transportation Council shall be established at each Land Transportation Bureau. 2 The title of the Road Transportation Council shall be as follows: The Tokyo Road Transportation Council The Nagoya Road Transportation Council The Osaka Road Transportation Council The Hiroshima Road Transportation Council The Takamatsu Road Transportation Council The Fukuoka Road Transportation Council The Niigata Road Transportation Council The Sendai Road Transportation Council The Sapporo Road Transportation Council
(Matters for Consultation) Article 104. The chief of Land Transportation Bureau shall, as to the matters enumerated below which belong to his authority;consult the Road Transportation Council and shall effect them with high regard to the decision thereof: (1) Licence for motor carrier business; (2) Suspension of motor carrier business, and cancellation of licence for motor carrier business; (3) Authorization concerning the basic rates, fares and charges in motor carrier business. 2 Of the matters enumerated in each item of the preceding paragraph, the chief of Land Transportation Bureau may effect, as regards matters deemed trifling by the Road Transportation Council, without consulting the Road Transportation Council.
(Proposition) Article 105. The Road Transportation Council may make propositions to the administrative offices concerned with regard to the improvement on road transportation.
(Organization) Article 106. The Tokyo Road Transportation Council shall consist of eight members, the Nagoya Road Transportation Council as well as the Fukuoka Road Transportation Council, of seven members respectively, the Osaka Road Transportation Council, of six members, the Hiroshima Road Transportation Council, of five members, the Takamatsu Road Transportation Council, the Niigata Road Transportation Council, the Sendai Road Transportation Council and the Sapporo Road Transportation Council, of four members respectively.
(Appointment of Members) Article 107. Members shall be appointed by the Minister of Transportation, one person each with To, Fu or prefecture, while in Hokkaido, four persons, from among the candidates recommended by the governor of To, Do, Fu or prefecture concerned as to To, Do, Fu or prefecture with the area which corresponds to the area of jurisdiction of the Land Transportation Bureau where the Road Transportation Council is to be established. 2 The number of candidates to be recommended by the governor of each To, Do, Fu or prefecture shall be twice the number of the members to be appointed or more.
(Disqualification Causes of Members) Article 108. No member of the Diet or the assembly of local public bodies shall be eligible for the member of the Council.
(Term of Office of Members) Article 109. The term of office of members shall be three years;provided, however, that the term of office of a member who fills the vacancy shall be the remaining term of office of his predecessor. 2 Members may be eligible for reappointment.
(Isolation from Business) Article 110. No member shall, during his term of office, participate in any organization of business operators engaging in road transportation in any form whatsoever, nor shall he be appointed to the executive member of any business engaging in road transportation, or take part in the management of these businesses, receive remuneration therefrom, or make investment to an extent which might affect the management of these businesses;provided, however, that, in the cases where these businesses do not conduct any business within the area of jurisdiction of the Land Transportation Bureau where the Road Transportation Council to which the member concerned belongs is established, the member shall not be prevented from receiving remuneration out of these businesses, or from making investment in these businesses.
(Dismissal of Members) Article 111. The Minister of Transportation may, in cases where it is found that any member is unable to perform his duties on account of mental or physical failure, or when it is found that any member has acted contradictorily to his official duty or is otherwise unfit to be a member, dismiss such a member upon consent of the Road Transportation Council concerned.
(Chairman) Article 112. The Road Transportation Council shall have a chairman, who shall be appointed from among the members by mutual vote. 2 The chairman shall preside over the affairs of the Council. 3 The Road Transportation Council shall previously fix a person, from among the members, who shall perform the duty for the chairman when the latter is prevented from attending to his duty.
(Methods of Resolution) Article 113. The Road Transportation Council shall not commence its proceedings nor pass resolutions without the attendance of the majority of its members. 2 The proceedings of the Road Transportation Council shall be decided by the majority of the attendants. In case of a tie, the decision shall be made by the chairman. 3 Any member who has a special interest with regard to a specific proposition shall not participate in the decision with regard to such a proposition. 4 The Road Transportation Council may request the attendance of personnel of the administrative office concerned in the conference convened by the former and ask them to make necessary explanations.
(Recording of the Proceedings) Article 114. The summary of the proceedings of the Road Transportation Council shall be recorded.
(Public Hearing) Article 115. The Road Transportation Council may hold a public hearing when deemed necessary with regard to the matters enumerated below: (1) Matters referred for deliberation in accordance with the provisions of Article 104 paragraph 1; (2) Matters for which the submission, report or investigation of information, materials or opinions has been requested by the Transportation Council in accordance with the provisions of Article 55 paragraph 2 of the Ministry of Transportation Establishment Law (Law No.157 of 1949). 2 The Road Transportation Council shall hold a public hearing when a direction by the chief of Land Transportation Bureau, or an application by the interested persons fixed by the Road Transportation Council as to the matters enumerated in item (1) of the preceding paragraph, or a request by the Transportation Council as to the matters enumerated in item (2) of the same paragraph has been made. 3 The matters handled in a public hearing shall be precisely recorded by means of stenography whenever possible.
(Perusal of Records) Article 116. The records provided for in Article 114 and paragraph 3 of the preceding Article shall, when requested by the general public, be offered for persual thereby.
(Investigations, etc.) Article 117. The Road Transportation Council may effect the matters enumerated in each of the following items, when deemed necessary to performing the duties thereof: (1) To request necessary reports, information or material to public offices, road carriers or bodies organized thereby, or other persons concerned; (2) To request the persons concerned or witnesses to present themselves and inquire their opinions or reports. 2 The persons concerned or witnesses who have been requested to present themselves in accordance with the provisions of item (2) of the preceding paragraph may request the travel expenses and allowances as fixed by the Cabinet Order.
(General Affairs) Article 118. The general affairs of the Road Transportation Council shall be handled by the Land Transportation Bureau.
(Delegation to Ministerial Ordinance) Article 119. Rules for proceedings of the Road Transportation Council and other necessary matters in connection with the Road Transportation Council shall be fixed by the Ministry of Transportation Ordinance, other than those provided for by this Law.
CHAPTER IX Miscellaneous Provisions
(Conditions of Licence, etc.) Article 120. Conditions may be attached to licence, permission or authorization, and alterations may be made thereto. 2 The conditions referred to in the preceding paragraph shall be limited to such minimum extent as is necessary to augment the public interest, or to bring about the positive enforcement of matters involved in the licence, permission or authorization, and besides, shall be such as will not impose undue burdens upon the road carriers concerned.
(Appeal) Article 121. Any person who is dissatisfied with the dispositions effected by the administrative office in accordance with the provisions of this Law or orders under this Law may make an appeal.
(Delegation, etc. of Competency) Article 122. A part of the competency of the Minister of Transportation or the Ministers of Transportation and Construction provided for by this Law may be delegated, as fixed by the Cabinet Order, in conformity with the divisions of each of the following items to such administrative offices of lower class as are fixed in the respective items: (1) The chief of Land Transportation Bureau or the governor of To, Do, Fu or prefecture as to the compentency provided for in Chapters II, V and VII; (2) The chief of Land Transportation Bureau or the chief of Land Transportation Bureau and the governor of To, Do, Fu or prefecture as to the competency provided for in Chapter III. 2 The administrative office provided for in Chapter VI shall be according to the divisions fixed in each of the following items: (1) The governor of To (only in the area where the special district system is enforced) or mayor of city, town or village as to matters concerning the passenger light vehicle carrier business; (2) The governor of To, Do, Fu or prefecture as to matters concerning freight light vehicle carrier business.
(General Bus Motor Carrier Business in the Area of Local Public Bodies) Article 123. The Minister of Transportation shall, in the cases where he intends to effect the dispositions under the provisions of Article 4, Article 18 (limited to those related to the alteration of system of operation and frequency of operation of motor vehicles), Article 20, Article 41 or Article 42 as regards the general bus motor carrier business, when the route concerned lies in the area where the special district system is enforced or in the area of cities to be fixed by the Cabinet Order, inquire the opinion of the governor of To or mayor of city as regards the route which lies in the area thereof.
(Inquiry of Opinions of Road Controller) Article 124. The Minister of Transportation shall, when he intends to effect the dispositions in accordance with the provisions of Article 4 paragraph 1 or Article 18 paragraph 1 (only limited to the alteration of business plans involving the increase of size or weight of motor vehicles) as to motor carrier business with fixed routes, inquire the opinion of a road controller concerned as to the measures in connection with road control concerning the construction and equipment of roads under the Road Law which shall be necessitated as the result of such dispositions in conformity with such matters as are fixed by the Ministerial Ordinance.
(Organizations Relative to Road Transportation) Article 125. Any organization composed of road carriers or other persons who use motor vehicles or light vehicles for the purpose of bringing about the promotion of road transportation shall report to the Minister of Transportation or the Ministers of Transportation and Construction as regards the matters provided for by the Ministerial Ordinance within thirty days from the day of the establishment thereof.
(Report and Inspection) Article 126. The administrative office concerned may, when deemed necessary to attain the object referred to in Article 1, require the road carriers and other persons who own or use motor vehicles or light vehicles, or organizations composed thereof, to submit reports with respect to the business or the ownership or use of motor vehicles or light vehicles in conformity with the procedures fixed by the Ministerial Ordinance. 2 The personnel concerned may, when deemed necessary to attain the object referred to in-Article 1, enter the business places of road carriers, the places where motor vehicles or light vehicles are located, or the motor vehicles, and inspect the books and documents and other things, or ask questions to the interested persons. 3 In the case of the preceding paragraph, the personnel concerned shall carry with him an identification card proving his status, and besides, show it whenever requested by the persons concerned. 4 The authority referred to in paragraph 2 shall not be construed as having been authorized for the sake of criminal research.
(Indications with Regard to Motor Vehicles) Article 127. Any person who uses motor vehicles (except private motor vehicles being light motor vehicles, private passenger motor vehicles with riding capacity of ten persons or less, private motor vehicles being special motor vehicles, and other motor vehicles fixed by the Ministry of Transportation Ordinance) shall indicate the name, title or mark of the user and other matters fixed by the Ministry of Transportation Ordinance on the outside of the motor vehicles thereof in a way easily seen.
CHAPTER X Penal Provisions
Article 128. Any person who comes under any one of the following items shall be punished with a fine of \300,000 or less: (1) Any person who has managed a motor carrier business in contravention of the provisions of Article 4 paragraph 1; (2) Any person who has violated the provisions of Article 36 (including the cases where this applies mutatis mutandis under Article 72); (3) Any person who managed a motor road business in contravention of the provisions of Article 47 paragraph 1.
Article 129. Any person who comes under any one of the following items shall be punished with a fine of \50,000 or less: (1) Any person who accepted rates, fares or charges without obtaining the authorization under the provisions of Article 8 paragraph 1 or Article 61 paragraph 1, or without conforming to the rates, fares or charges for which authorization has been given; (2) Any person who has rebated the rates, fares or charges in contravention of the provisions of Article 9 (including the cases where this applies mutatis mutandis under Article 72); (3) Any person who has violated the dispositions for suspension of business under the provisions of Article 43 (including the cases where this applies mutatis mutandis under Article 72); (4) Any person who has managed a broker business for truck operation violating the provisions of Article 80 paragraph 1; (5) Any person who has violated the provisions of Article 36 applicable mutatis mutandis under Article 95.
Article 130. Any person who comes under any one of the following items shall be punished with a fine of \30,000 or less: (1) Any person who has effected, without obtaining the permission or authorization, the matters which shall be effected after obtaining the permission or authorization in accordance with the provisions of Article 12 paragraph 1, Article 18 paragraph 1, Article 20 paragraph 1, Article 24 paragraph 1, Article 37 paragraph 1, Article 38 paragraph 1 (including the cases where this applies mutatis mutandis under Article 72), Article 41 paragraph 1 (including the cases where this applies mutatis mutandis under Article 72), Article 54 paragraph 1 (including the cases where this applies mutatis mutandis under Article 67 (including the cases where this applies mutatis mutandis under Article 75) and Article 75), Article 62 paragraph 1, Article 63 paragraph 1 (including the cases where this applies mutatis mutandis under Article 75), Article 66 paragraph 1, Article 86 paragraph 1 (including the cases where this applies mutatis mutandis under Article 94), Article 100 paragraph 1 or Article 101 paragraph 2; (2) Any person who has violated the order under the provisions of Article 19 paragraph 2, Article 33 paragraph 1, Article 34 paragraph 1, Article 55 (including the cases where this applies mutatis mutandis under Article 75), Article 70 (including the cases where this applies mutatis mutandis under Article 75), Article 73 paragraph 2 (including the cases where this applies mutatis mutandis under Article 75), or Article 90; (3) Any person who has violated the provisions of Article 15, Article 65, Article 68 paragraph 5, Article 89 or Article 101 paragraph 1; (4) Any person who has violated the dispositions under the provisions of Article 32 paragraph 4 (including the cases where this applies mutatis mutandis under Article 72 and Article 95), Article 97 paragraph 1 or Article 102 paragraph 1; (5) Any person who accepted rates or charges without obtaining the authorization for rates or charges in accordance with the provisions of Article 85 paragraph 1 (including the cases where this applies mutatis mutandis under Article 94) or in contravention of rates or charges for which authorization has been obtained; (6) Any person who has violated the dispositions for suspension of business under the provisions of Article 92 paragraph 1; (7) Any person who has violated the provisions referred to in Article 96; (8) Any person who has failed to submit the reports under the provisions of Article 126 paragraph 1 or has submitted false reports; (9) Any person who has refused, obstructed or evaded the inspection under the provisions of Article 126 paragraph 2, or has made false statements.
Article 131. Any person who has commenced the opening to use of a motor road without obtaining the inspection under Article 57 paragraph 1 (including the cases where this applies mutatis mutandis under Article 75), Article 58 paragraph 1 (including the cases where this applies mutatis mutandis under Article 75) or Article 60 paragraph 1 (including the cases where this applies mutatis mutandis under Article 75), shall be punished with penal servitude of six months or less or a fine of \30,000 or less;provided, however, that the same shall not apply in the cases where any person who obtained the inspection as to a part of motor road under the provisions of Article 59 paragraph 1 (including the cases where this applies mutatis mutandis under Article 75), has commenced the opening to use as to such parts.
Article 132. In cases where any representative of a juridical person or the agent, employee or other personnel of a juridical or a natural person has committed the acts of violation referred to in Article 128 to the preceding Article, in connection with the business of, or with motor vehicles or light vehicles owned or used by, the juridical or natural person, not only the offender shall be punished, but the juridical or natural person shall be subject to the fine under the respective Articles;provided, however, that, when it has been proved that due care was taken and due supervision exercised in connection with the business concerned to prevent the act of violation concerned by the agent, employee or other personnel of th juridical or natural person, this shall not apply as to such a juridical or natural person.
Article 133. Any person who has caused danger to the traffic of motor vehicles on motor roads through destroying the motor roads or signs thereon or by other means, shall be punished with penal servitude of five years or less. 2 Any unconsummated offence referred to in the preceding paragraph shall be punished. 3 Any person who without authority established equipments similar to the road signs in accordance with the provisions of Article 68 paragraph 5, or obstructed the effect thereof shall be punished with penal servitude of six months or less or a fine of \30,000 or less.
Article 134. Any person who has caused to overturn or destroyed a business motor vehicle of a general bus motor carrier with persons aboard shall be punished with penal servitude of ten years or less. 2 Any person who has committed the offence referred to in the preceding paragraph and injured persons as the result thereof shall be punished with penal servitude of a definite period of one year or more, and any person who caused the death of persons as the result thereof, with penal servitude for life or of three years or more. 3 Any unconsummated offence referred to in paragraph 1 shall be punished.
Article 135. The instances stipulated in the preceding Article shall also apply to any person who perpetrated the offence referred to in Article 133 paragraph 1 and caused a motor vehicle to overturn or to be destroyed as the result thereof.
Article 136. Any person who has through negligence committed offence referred to in Article 133 paragraph 1 or Article 134 paragraph 1 shall be punished with a fine of \20,000 or less. When the above offence has been committed by any person who engages in the business, the offender shall be punished with imprisonment without hard labor of one year or less or a fine of \30,000 or less.
Article 137. Any person who comes under any one of the following items shall be punished with a fine of \30,000 or less (1) Any person who has obstructed the execution of duties by service personnel of business motor vehicle of a general bus motor carrier; (2) Any person who has thrown stones, etc. at motor vehicles for general bus motor carrier business; (3) Any person who violated the provisions of Article 29 paragraph 1; (4) Any person who violated the provisions of Article 68 paragraph 6.
Article 138. Any person who comes under any one of the following items shall be punished with a penalty of \30,000 or less: (1) Any person who failed to make the posting or indication under the provisions of Article 13, Article 41 paragraph 5 (including the cases where this applies mutatis mutandis under Article 72), Article 64, Article 87 (including the cases where this applies mutatis mutandis under Article 94) or Article 127, or who has made false posting or indication; (2) Any person who has violated the provisions of Article 16, Article 25, Article 45 paragraph 2, Article 68 paragraph 4 (including the cases where this applies mutatis mutandis under Article 75), Article 84, Article 88 paragraph 1 or paragraph 3, Article 91 paragraphs 1 to 4 inclusive (including the cases where this applies mutatis mutandis under Article 98), Article 99 or Article 125.
Supplementary Provision: This Law shall come into force as from July 1, 1951;provided, however, that the provisions of Article 8 paragraphs 2 and 3, Article 9 to Article 11 inclusive, Article 61 paragraphs 2 and 3, Article 72 (only limited to the parts concerning the application mutatis mutandis of the provisions of Article 9), Article 85 paragraph 2 as well as Article 94 (only limited to the parts concerning the application mutatis mutandis of Article 85 paragraph 2) shall not apply as to the parts for which the controlled amounts remain in force, for the period during which the controlled amounts remain in force in accordance with the provisions of Article 4 of the Prices Control Ordinance (Imperial Ordinance No.118 of 1946) or Article 7 of the same Ordinance, as to the rates, fares and charges for the road carrier business. Prime Minister YOSHIDA Shigeru Minister of Transportation YAMAZAKI Takeshi Minister of Construction MASUDA Kaneshichi