Drunk Driving in Japan

Jail Sought for Reporter Over Drunk Driving

The Yomiuri Shimbun

Prosecutors have demanded 10 months' imprisonment for a 36-year-old employee of The Chunichi Shimbun in Nagoya for allegedly driving drunk without a driver's license in March.

The former reporter at the newspaper company was indicted by the Nagoya District Public Prosecutors Office on suspicion of violating the Road Traffic Law.

In November 2004, his driver's license was suspended after he was involved in a traffic accident that caused property damage, and in January last year, his license was revoked for two years.

The company suspended him for three months on March 15 and removed him from his post as a reporter during its regular personnel change in August.

According to the company, at about 11:30 p.m. on March 3, while working as a reporter for the company's lifestyle department, he drove drunk without a driver's license. Police detected 0.15 milligram or more of alcohol per liter of his breath.

After he left the office, he drove alone to a restaurant in Nagoya near his home and drank four 180-milliliter bottles of wine, according to the police.

(Sep. 3, 2006) Source: http://www.yomiuri.co.jp

Chunichi Shimbun reporter suspended after being caught drunk driving without a license NAGOYA -- A Chunichi Shimbun reporter has been suspended from duty for three months and transferred out of its editorial division for drunken driving without a license, company officials said Saturday.

The 36-year-old man is standing trial at the Nagoya District Court for violating the Road Traffic Law.

"We take the incident extremely seriously as it was an act unworthy of a newspaper company employee. We're determined to try to restore the public's confidence in us," managing editor Mikitoshi Kato said.

The employee was indicted after a massive amount of alcohol was detected in his breath during a traffic stop by police late on March 3. He was out driving in Nagoya after drinking at a restaurant, according to the newspaper publisher.

Prior to the incident, his driver's license was revoked after he was repeatedly caught speeding, parking his car in no-parking zones and committing other traffic offenses. (Mainichi)

Source: http://mdn.mainichi-msn.co.jp


August 27, 2006

Last night I was at a party and was talking with an American who lives in Koba, Japan. He told me what happened to a group of his friends who had visited the '19th' hole after playing a round of golf in Koba.

After 18 holes of golf four golfers went into the clubhouse and had ONE beer. As they were leaving the course they were immediately stopped by the police. The driving was subsequently arrested for drunk driving fined $1,800 (equivelant) the three others were also fined ($1,300) and the driver lost his license for one year. After one year license suspension the driver would get his license back but it would be a license that would have to be renewed every year for seven years, depending on his driving during that period of time.


More information on Drunk Driving in Japan.

Driving under the influence of alcohol, drunk driving, or drink-driving, is the act of operating a motor vehicle (and sometimes a bicycle or similar human-powered vehicle) after having consumed alcohol (ethanol) or other drugs, to the degree that mental and motor skills are impaired. In addition to driving under the influence of alcohol and driving under the influence of other drugs, a third "DUI" offense consists of driving under the combined influence of alcohol and other drugs. The drugs causing or contributing to the impairment need not be illegal, but can consist of lawfully prescribed or over-the-counter medication. Anti-drunk-driving advertising campaigns have aimed to raise awareness of the legal situation and the dangers of driving while intoxicated. Drunk-driving is responsible for a very large number of deaths, injuries, damage and accidents every year.

The specific criminal offense may be called, depending on the jurisdiction, driving while intoxicated (DWI), driving while impaired (also DWI), operating while intoxicated (OWI), operating a motor vehicle while intoxicated (OMVI), driving under the influence [of alcohol or other drugs] (DUI), driving under the combined influence of alcohol and/or other drugs or drunk in charge [of a vehicle]. Such laws may also apply to boating, or piloting aircraft.

Historically, presumptive guilt was established by subjective tests of the driver's impairment, such as difficulty reciting the alphabet or walking a straight line. Starting with the introduction in Norway in 1936 of the world’s first per se law which made it an offense to drive with more than a specified amount of alcohol in the body, objective chemical tests have gradually replaced the earlier purely judgmental ones. The statute usually specifies that it is illegal to drive with a blood alcohol concentration (BAC) exceeding a value specified in the statute. BAC is most conveniently measured as a simple percent of alcohol in the blood by weight. It does not depend on any units of measurement. In Europe it is usually expressed as milligrams of alcohol per 100 millilitres of blood. However, 100 milliliters of blood weighs essentially the same as 100 milliliters of water, which weighs precisely 100 grams. Thus, for all practical purposes, this is the same as the simple dimensionless BAC measured as a percent. Since 2002 it has been illegal in all 50 US states to drive with a BAC that is 0.08% or higher.

Driving while consuming alcohol is generally illegal, though driving after drinking remains legal. In some jurisdictions it is also illegal for an open container of an alcoholic beverage to be in the passenger compartment of a motor vehicle or in some specific area of that compartment.

Source: http://en.wikipedia.org/wiki/Under_the_influence


Drunk driving is not tolerated by Japan, and certainly not by IUJ! Those involved in drinking and driving incidents run the risk of losing their scholarship, being suspended or expelled from IUJ - or both. And of course the legal implications are severe. Those who allow friend to drive drunk are held responsible.

Recently monetary penalties have been raised up higher due to alteration in traffic regulations being effective as from 2001. While you are durunken driving with the fact that alcohol content in your breathe test is minimum 0.15mg/L (used to be minimum 0.25mg/L), you will be fined to pay the monetary penalty in the range from minimum 100,000 yen up to maxmum 500,000 yen or imprisonment in the range from minimum 6 month to maxmum 5 years in jail.

DON`T DRINK AND DRIVE!

No Need to Drink and Drive This area of Japan has a great service known as "Daiko". Daiko is a special taxi service that brings you, your friends, and your car back to campus at the cost of just over a taxi fare. So don't drink and drive - don't put yourself in danger and jeopardize your status at IUJ - use the Daiko Service.

Source: http://www.iuj.ac.jp/web/iuj_section.cfm?item=090806


2003 JAPAN LAW: TRAFFIC LAW
Keywords: Alcohol, Driving, Driver, License,
Bicycles, Pedestrians, Parking, Ambulance, Mitsubishi Motors
Copyright 2004. All rights reserved Attorney Roderick H. Seeman

Traffic Law? Traffic Law? Who cares about Traffic Law you say! Cell phones do not kill. Even drunks do not kill. Two tons of steel traveling at high speed kill. With over 100,000 people killed on the roads of America since September 11, 2001, compared to the fewer than 3000 killed in that admittedly tragic event, it should be given consideration. Those 3000 had led to a world turned topsy-turvy while the 100,000 are ignored.

Yet look at Japan. A great power. Obviously a master of automobiles in its own right. How does Japan perform?

During 2003 deaths from traffic accidents were running at an annual rate of 7,000 with those from drunken driving running at an annual rate of 750. With a population roughly half that of the USA. Thus from September 11, 2001 the number of deaths in Japan would be significantly less than 20,000 compared to 100,000 in the USA. How does Japan do this? Draconian traffic laws is one reason. Easy access to alternative means of transportation is another critical factor. When you are drunk in Japan you can easily take a train or subway home and taxis, while expensive by international standards, are not unreasonable compared to other prices in Japan.

In 2001, the maximum penalty for death from dangerous driving was raised to 15 years. In 2002 the amended Road Traffic Law increased the penalty for RECKLESS DRIVING to a maximum of 2 years in prison or 500,000 yen (about $5000). Increased penalty points for drunken driving initiated in June 2002 resulted in 15,000 fewer DRUNK DRIVERS in 2002. During 2002 people having their license revoked for drunk driving reached 54,000 (an increase of 65%) while those with their licenses suspended more than 90 days topped 166,000, an increase of 36% as the government strengthened moves against drunk drivers. Now blood alcohol levels as low as 0.15 mg can result in a drunk driving conviction.

The National Police Agency is seeking now seeking new legislation for prosecuting RECKLESS DRIVERS. The problem being that obtaining the cooperation of victims is a virtually a requirement and they now seek a revision permitting prosecution even where there is no victim, particularly where the are groups involved such as the notorious “bosozoku†motorcycle gangs.

A loophole crippling the prosecution of DRUNK DRIVING cases is also up for revision. Although the levels of alcohol for blood alcohol has been reduced, it became less costly to simply refuse the breathalyzer as compared to drunk driving convictions. Presently the maximum penalty for refusing the breathalyzer is a fine of up to 50,000 yen compared to up to 300,000 yen for drunk driving. Thus the National Police Agency is seeking to revise the legislation, making the penalty for refusing the breathalyzer the same level as for drunk driving.

The National Police Agency is also seeking new legislation which would impose hefty fines for driving while using their CELL PHONES, whether for voice calls or text messaging. The agency wants a fine of 50,000 yen (nearly $500) for such violations

Source: http://www.japanlaw.info/law2003/2003_TRAFFIC_LAW.html


DRIVING IN JAPAN: MY EVIDENCE, STATS, AND FLAME REBUKE

(Originally posted to Fukuzawa and Friends Wed,
Dec 20, 1995, modified August 28, 2002)

EFFECT: EVIDENCE THAT ACCIDENT RATES ARE HIGHER IN JAPAN THAN THE US

Of course, we could choose to compare Japan positively with Egypt, India, or Brazil, but let's talk OECD here. The ability for a rich, developed society to secure (and enforce) safety for its citizens is another social indicator. I choose Nichibei because I have stats on them. Points:

a) There are more fatalities per driven distance in Japan than America. Ed Lincoln already provided some stats to say that per distance driven, the US has 1.8 deaths per 100 million vehicle-miles vs 2.7 deaths per the same in Japan. This is an extra person dead in Japan for the same distance traversed. Moreover, since as Kaz noted, Japan only counts the death as a traffic fatality if it is within one or two days of the accident (vs within 30 days in the US). The Japanese numbers may in fact be significantly depressed.

b) But not all accidents result in death. Let's look at some stats I dug up for fender benders and the like:

"All motor vehicle accidents" US: 19,500,000 in 1991

SOURCE: World Almanac 1993

"douro koutsuu jikou suu" Japan: 643,097 in 1992, and rising

SOURCE: Hokkaido Nenkan, 1994 (Hokkaido Shinbunsha)

Now allowing for the same ratios that Ed used in his calculations for fatalities, the average American drives around 2.4 times farther than the average Japanese. However, even then, the adjusted number of fender-benders for Japan (around 1,537,333) looks to be about one-tenth of America's. Even discounting the number of fake whiplashes counted as accidents in America, this evidence doesn't support my case that Japan has worse drivers.

But let's look at it this way: more Americans have accidents yet more Japanese die from theirs. The point is that if a Japanese has a road accident, statistically he's less likely to walk away from it. Given that Japanese generally drive far slower than Americans (higher urban concentration and congestion, lower speed limits, etc.), this suggests something is systematically wrong--that something is, if I may be flippant, killing the Japanese motorist far more effectively than the hyped guns and the drunk drivers on American roads.

ROADS:

This has given Hokkaido the dubious distinction of having the most traffic fatalities. Yet Hokkaido's death rates (10.35 per hundred thou population in 92) are only about the midpoint of the rest of the country. That can hardly be attributed solely to the weather--even the more tropical places (Saga-ken at 11.01, Yamaguchi at 13.26) are higher. So that points towards drivers as the cause. Let's move on to that.

UNENFORCABLE LAWS

DRIVERS HERE GET USED TO IGNORING THE LAW.

A law's usefulness comes into question if nobody obeys it. The speed limits (30 KPH, not mph, in residential areas, 40 to 60 in other areas. 80 tops on the expressways.) are not obeyed by many except the toro toro ojisan and the learner drivers. Following the flow (not just in Hokkaido--I've driven in Touhoku too) generally gives speeds of at least 20 kph over the limit. And once you get used to breaking the law a little, it's only a matter of degree before you start unconsciously breaking the law a lot. Other minor infractions include extra lights on fenders (which seem to be on "brights" at all times, leaving you with dazzled imprints for several dangerous minutes), and the lack of red markings on projectiles off the back of trucks (shish-kebab, anybody?).

DRIVERS HERE CAN GET AWAY WITH A SURPRISING AMOUNT LEGALLY

Traffic police try to find blame on both sides in any accident, and assign insurance company liabilities so that both have to pay. That is a well-established expectation.

Evidence: so far, I have had two accidents, one serious (a guy ran a red light and clipped the back of my Civic--sending me spinning into traffic), one not (a storm drain popped up and jammed itself into my suspension). In both cases, the cops tried to assign blame to me--in a 20-80 sort of way (since it was obviously his fault) 1) because I should have looked both ways before entering an intersection tho I had a green light, and 2) I should have anticipated that storm drain (anzen fukakunin, he said). I was lucky--I got zero liability both times because in 1) the driver took pity on me (dazed and confused after hitting my head on the window) and capitulated, and 2) I argued with the cop. But nobody has ever heard of this happening before.

So what's the point? In the US, there are automatic punishments; a rear-ending, say, is the responsibility of the person in back. Always. In New York State, anyway. In Japan, a driver doesn't have to be quite so careful because he'll never have to pay for all of it. Moreover, if he argues well, he might even get 50-50! (happened to a fellow teacher rear-ended by some young punks, and to the former Sapporo Consul when some twerp U-turned in front of him on black ice). If every accident becomes open to negotiation as to who's to blame, the yakuza-types are gonna get a lot more carefree.


STATS FOR DRIVING ACCIDENTS

JAPAN:

TOTAL NUMBER OF DEATHS:

  • 11,086 (1989)
  • 11,227 (1990)
  • 11,105 (1991)
  • 10,942 (1993)
  • 11,024 (Dec11,1995)

TOTAL NUMBER OF ACCIDENTS:

  • 661,363 (1989)
  • 643,097 (1990)
  • 662,388 (1991)
  • 724,675 (1993)

TOTAL NUMBER OF INJURED PERSONS:

  • 814,832 (1989)
  • 790,295 (1990)
  • 810,245 (1991)
  • 878,633 (1993)

CAUSES OF FATAL ACCIDENTS IN JAPAN (1991)

SPEEDING: 2404 deaths (22.8%)

VIOLATION OF SAFE DRIVING PRACTICES: 3692 (35%) broken down into:

  • Driver Error 5.7%,
  • Careless Driving 8.4%,
  • Not keeping the eyes on the road (wakimi) 8.4%,
  • Not confirming 5.2%, sono ta 5.8%

DRUNK DRIVING: 525 (5.0%)

NOT STOPPING PROPERLY: 490 (4.6)

GOING THROUGH RED LIGHT: 470 (4.5%)

PEDESTRIAN INTERFERENCE (hokousha bougai): 387 (3.7%)

RIGHT-OF-WAY INTERFERENCE: 402 (3.8%)

TRAFFIC ZONE VIOLATION: 370 (3.5%)

PASSING: 171 (1.6%)

PEDESTRIAN CARELESSNESS: 602 (5.7%)

OTHER AND UNCLEAR: 1034 (9.8%)

Sources: Japan Almanac 1993, Daily Yomiuri Dec 13, Imidas 1995


UNITED STATES:

TOTAL NUMBER OF DEATHS WITH MOTOR VEHICLES INVOLVED (1991): 57,800

DEATH RATES (per 100,000 pop.) 18.9 (1989) 8.6 (1990) 17.2 (1991)

TOTAL NUMBER OF MOTOR VEHICLE ACCIDENTS: 19,500,000 (1991)

CAUSES OF FATAL ACCIDENTS IN THE US (1991)

TOTAL MOTOR VEHICLES: 43,500 deaths

COLLISION BETWEEN MOTOR VEHICLES: 18,500

COLLISION WITH FIXED OBJECT: 12,100

PEDESTRIAN ACCIDENTS: 7000

NON-COLLISION ACCIDENTS: 4500

COLLISION WITH PEDALCYCLE: 800

COLLISION WITH RAILROAD TRAIN: 500

COLLISION WITH ANIMALS, ANIMAL DRAWN VEHICLES, STREET CARS: 100

ALCOHOL-RELATED FATALITIES: 22,083 (50%)

Source: World Almanac 1993


DRUNK DRIVING IN JAPAN: rules are tougher than you think
Date: Fri, 22 Dec 95

There are two types of drunk driving (inshu unten): 1) The more serious type is called "juki obi unten", which means that there's an alcohol content of more than 0.25 ppm in your blood.

It's "shuki obi unten" and it is the lesser of the two charges.

Blood alcohol is ABOVE 2.5ml, and you lose your license for 30 days. The fines and prison term (if any) are determined by the court, according to the officer at Aichi Prefecture Police, but the cop didn't know the fine print of the law.

2) The less serious type is called "sake yoi unten", which means there's an >alcohol content of less than 0.25 ppm in your blood,

This is the more serious charge, and blood alcohol doesn't matter. The criteria is apparently your inability to safely operate the car. It is a 15 point charge, so if you have no prior offenses (no points against you, in other words) you lose your license for one year. If you do have points, you could lose your license for up to three years. Fines and prison terms are up to the court. The copy told me to look it up the limits myself! > >If you're caught, it is also apparently standard practice for the police to >report it to the papers and even your workplace. This could even result >in your salary being lowered.

In Aichi they don't contact your employer, and they don't hand out names to the papers, unless they deem it necessary, like when a drunk caused a big accident, crashed into a show window or something. And then it's not because it was a "drunk driving" case but because it was a crime, and a big incident.

Moreover, if you drink and drive you're arguably more likely to get caught here. There are certain funnel roads round here where you face booze checkpoint charlies, stopping every car one by one in the middle of the night to smell your breath and give you the balloon.

Your cops must work harder than ours. Our checkpoints generally last only from 7 to 9. And judging from the number of drunks on the road, it doesn't take much imagination to avoid the checkpoints on the nights they do it--generally Fridays, and days before holidays.

But you DO have to be careful how you get home after a night on the town. My friend purposely left his car at home and came on his bike. Round about midnight on his way home he was stopped by a patrol car at the bottom of a long hill (he was exceeding the speed limit on his BICYCLE). Cop told him to be more careful because he could also be cited for driving under the influence on his bicycle!

"Nomu nara, noruna. Noru nara, nomuna!"

Mark CW
Nagoya

(Further Epilogue: Things did not go all that peachy, it turns out, for two years later I was not only stopped repeatedly for speeding, but also lost my licence! Fascinating story of how I got it back is available here)

Sections Copyright 1995-2002, Arudou Debito/Dave Aldwinckle, Sapporo, Japan

Source: http://www.debito.org/drivingjapanapologia.html


Police target drunk drivers / NPA plans nationwide crackdown after series of accidents
The Yomiuri Shimbun

The National Police Agency is planning a nationwide, weeklong special crackdown on drunk driving from Tuesday in the aftermath of an alcohol-related traffic accident in Fukuoka last month in which three children lost their lives.

It is the first nationwide crackdown campaign exclusively targeting drunk driving.

Although fatal accidents caused by drunk drivers have been reduced by more than 30 percent due to the imposition of harsher punishments for the crime, they are expected to increase again this year as drivers seem to have returned to their careless habits.

In advance of the crackdown, the police have intensified investigations over the responsibility of restaurants and fellow passengers who allow drivers to drink.

A 48-year-old company employee stopped by the police for drunk driving said: "Since the fines increased, I've made it a rule not to drive my motorbike home when I drink. But I was careless this time."

He paid a branch of the Osaka Sub-District Public Prosecutors Office specializing in traffic accidents in Yodogawa Ward, Osaka, a 100,000 yen fine, adding: "It was painful to pay that much, but better than causing an accident. I learned a valuable lesson."

The December 2001 revision of the Penal Code established new punishments regarding dangerous driving resulting in death or injury.

After the June 2002 revision of the Road Traffic Law increased the maximum fine for drunken driving from 100,000 yen to 500,000 yen, drunken driving accidents resulting in death fell drastically.

According to the NPA, alcohol-related road accidents in 2001 dropped by 34.5 percent from 1,191 to 780 in 2003. However, the number has not fallen much since 2004.

As of the end of July, there were 419 drunk driving accidents resulting in death, an increase of seven from the same period of the previous year.

In Kagawa Prefecture, 21 such accidents had occurred by the end of August, up from four over the same period last year.

"It seemed the harsher punishments increased awareness of the laws for a while, but as time has passed, drivers have become careless again," said a senior officer of the Osaka prefectural police, which have seen drunken driving accidents stay at the same level for the past three years.

In May, the Hyogo prefectural police searched a ramen shop in Fukuchiyama, Kyoto Prefecture, on suspicion of serving beer to a truck driver on duty in assisting him in violating the Road Traffic Law.

Many customers at the shop located along the busy National Highway Route 9 are long-distance truck drivers.

An employee of the shop, whose case was sent to prosecutors, told the police that if he did not serve beer to drivers, it would hurt the shop's sales.

On Aug. 25, a car carrying a family of five was rear-ended by another vehicle on a bridge in Higashi Ward, Fukuoka, causing it to fall into Hakata Bay, killing the three children inside.

The driver of the vehicle that hit the car, Futoshi Imabayashi, 22, an employee of the Fukuoka municipal government, had been drinking at a hostess bar with a fellow passenger just before the accident.

Five days after the accident, the NPA issued an urgent notice to police headquarters nationwide advising them to strictly investigate fellow passengers and restaurants in an attempt to pursue the responsibility of those who may have allowed drivers to cause accidents.

A senior NPA official said, "To change the climate that has allowed drunken driving, we'll punish those who serve alcohol to drivers as severely as the drunk drivers themselves."

During the crackdown week, police headquarters nationwide will deploy many officers on road inspections and in other prevention efforts.

The Wakayama prefectural police will request the cooperation of restaurant associations by giving them stickers with a message appealing for the prevention of drunk driving.

The Hiroshima prefectural police will be on the lookout for cars moving at unnaturally slow speeds, as drunk drivers are likely to be overly cautious in observing speed limits for fear of being noticed by the police.

Tomomi Imanari, a representative of Alcohol Yakubutsu Mondai Zenkoku Shimin Kyokai, a Tokyo-based nonprofit organization tackling problems regarding alcoholism and drug addiction, said: "Under the influence of alcohol, regardless of its amount, our brains are likely to lose control. More efforts should be made to stop others from driving drunk."

(Sep. 10, 2006)


SAFER ROADS:
Traffic Deaths Fall to All-Time Low in 2002

March 18, 2003

Japan had 8,326 traffic fatalities in 2002 according to figures released by the National Police Agency, the fewest since the present statistics began in 1966 and less than half the peak in 1970. (In Japan, a traffic fatality is defined as a death within 24 hours of an accident as a result of injuries sustained in the accident.) The decrease is largely attributable to the new, more stringent penalties for drunk driving introduced in the Revised Road Traffic Law that went into effect in June 2002. Other factors include an increase in the proportion of people wearing seat belts and the production by automakers of safer cars.

Stiffer Penalties Take Effect Traffic fatalities actually were on an upward trend during the first half of 2002, defying expectations that a December 2001 law setting the penalty for reckless driving resulting in death at a maximum of 15 years in prison would produce immediate results. In January 2002 there were 643 traffic fatalities, up 3.9% over the same month in 2001, and April also saw a 2.9% increase. The law's introduction appeared to have made no obvious difference.

Things changed, however, with the implementation of the Revised Road Traffic Law in June. There were 42 fewer fatalities in June 2002 than the year before and 93 fewer in July. In the end, the toll in 2002 was down by 421 compared to 2001. Under the revised law, a motorist can be fined as much as ¥500,000 ($4,166 at ¥120 to the dollar) for driving while drunk - five times more than before - and the maximum fine for the lesser charge of driving under the influence of alcohol has increased sixfold to ¥300,000 ($2,500). Many analysts believe that the heavier penalties had the desired effect of curbing drunk driving and reduced the frequency of serious accidents. Moreover, the standard for applying the charge of driving under the influence has been lowered from 0.25 milligrams per liter of air in a breathalyzer test to 0.15 mg per liter, meaning that it could apply to a driver who has drunk only one glass of beer. This seems to be putting positive pressure on drivers as well.

The effect of seat belts cannot be overlooked, either. While 63.4% of drivers were using them in June 1992, a decade later the figure had grown to 86.9%. In addition, automakers have been making great efforts to improve the safety of their vehicles. Both factors have helped reduce the number of deaths, which accounted for 1.05% of all passengers injured in traffic accidents in 1992 but comprised just 0.49% of injuries in 2002.

Despite the general decrease, though, the number of traffic fatalities among people aged 65 and over rose by 128 to a total of 786. This can be traced to an increase in the number of seniors overall, and as Japanese society is expected to continue aging at a fast pace, improved traffic-safety measures aimed at this group are urgently needed.

Making Every Effort While penalties are being toughened and police are cracking down on offenders, local governments and private companies are also making efforts to prevent traffic accidents. One of the measures being tried out is to use headlights at all times. The first firm to implement this policy was a major delivery company that began a trial with its fleet of 20,000 vehicles in January 2002. The firm experienced 30% fewer accidents that month than the year before, so it made the policy permanent that March. Accidents between March and December were down 20% over the same period the previous year. Employees and observers alike have noted that using headlights in the daytime makes it easier for pedestrians and other vehicles to notice the delivery trucks, and some have also suggested that the policy has raised the safety awareness of the drivers.

Since March 2002 the Nagano Prefectural Police has been conducting a daytime headlight program involving more than 10,000 vehicles operated by participating taxi companies and other firms, and in June Nagasaki Prefecture followed suit with its 600 public vehicles. At present, over 160 municipalities throughout Japan are making similar efforts.

Meanwhile, steps are being taken to reduce the number of accidents at railroad crossings. The East Japan Railway Co. (JR East) is changing the colors of its railroad crossing barriers from black and yellow to red and white stripes. Cars often move into crossings even after the barriers start to come down, and while some drivers knowingly force their way across, many simply do not notice the bars descending. In an effort to prevent cars from breaking the barriers, JR East has introduced the red and white pattern at four crossings to test its effectiveness. The number of broken bars at those intersections dropped by 75%. Drivers have commented that the barriers stand out more than before and that it is easy to tell when they are coming down. Deregulation in the spring of 2002 has allowed railway companies to freely choose the colors they wish to use on barriers, so it seems likely that repainting will become commonplace.

Copyright (c) 2003 Japan Information Network.
Edited by Japan Echo Inc. based on domestic Japanese news sources. Articles presented here are offered for reference purposes and do not necessarily represent the policy or views of the Japanese Government.

Source: http://web-japan.org/trends01/article/030318soc_r.html


The drunk driving laws in Japan are among the strictest in the world. In the US, the amount of ethanol per liter of blood before a citizen is legally drunk varies by state. On average, Americans are still considered sober if they have less than 1 milligram of ethanol per liter of exhalation. In Japan, citizens are consider drunk once their exhalation surpasses 0.25 milligrams of ethanol per liter. Penalties for drunk driving include in an immediate loss of license, a large fine, and potential jail time. Any police officer arrested for drunk driving is immediately removed from the force.

Source: http://www.princeton.edu


2003 JAPAN LAW: TRAFFIC LAW
Keywords: Alcohol, Driving, Driver, License,
Bicycles, Pedestrians, Parking, Ambulance, Mitsubishi Motors
Copyright 2004. All rights reserved Attorney Roderick H. Seeman

Traffic Law? Traffic Law? Who cares about Traffic Law you say! Cell phones do not kill. Even drunks do not kill. Two tons of steel traveling at high speed kill. With over 100,000 people killed on the roads of America since September 11, 2001, compared to the fewer than 3000 killed in that admittedly tragic event, it should be given consideration. Those 3000 had led to a world turned topsy-turvy while the 100,000 are ignored.

Yet look at Japan. A great power. Obviously a master of automobiles in its own right. How does Japan perform?

During 2003 deaths from traffic accidents were running at an annual rate of 7,000 with those from drunken driving running at an annual rate of 750. With a population roughly half that of the USA. Thus from September 11, 2001 the number of deaths in Japan would be significantly less than 20,000 compared to 100,000 in the USA. How does Japan do this? Draconian traffic laws is one reason. Easy access to alternative means of transportation is another critical factor. When you are drunk in Japan you can easily take a train or subway home and taxis, while expensive by international standards, are not unreasonable compared to other prices in Japan.

In 2001, the maximum penalty for death from dangerous driving was raised to 15 years. In 2002 the amended Road Traffic Law increased the penalty for RECKLESS DRIVING to a maximum of 2 years in prison or 500,000 yen (about $5000). Increased penalty points for drunken driving initiated in June 2002 resulted in 15,000 fewer DRUNK DRIVERS in 2002. During 2002 people having their license revoked for drunk driving reached 54,000 (an increase of 65%) while those with their licenses suspended more than 90 days topped 166,000, an increase of 36% as the government strengthened moves against drunk drivers. Now blood alcohol levels as low as 0.15 mg can result in a drunk driving conviction.

The National Police Agency is seeking now seeking new legislation for prosecuting RECKLESS DRIVERS. The problem being that obtaining the cooperation of victims is a virtually a requirement and they now seek a revision permitting prosecution even where there is no victim, particularly where the are groups involved such as the notorious “bosozoku†motorcycle gangs.

A loophole crippling the prosecution of DRUNK DRIVING cases is also up for revision. Although the levels of alcohol for blood alcohol has been reduced, it became less costly to simply refuse the breathalyzer as compared to drunk driving convictions. Presently the maximum penalty for refusing the breathalyzer is a fine of up to 50,000 yen compared to up to 300,000 yen for drunk driving. Thus the National Police Agency is seeking to revise the legislation, making the penalty for refusing the breathalyzer the same level as for drunk driving.

The National Police Agency is also seeking new legislation which would impose hefty fines for driving while using their CELL PHONES, whether for voice calls or text messaging. The agency wants a fine of 50,000 yen (nearly $500) for such violations.

Source: http://www.japanlaw.info/law2003/2003_TRAFFIC_LAW.html


United States
Main article: Drunk driving (United States) All states have an illegal per se limit of 0.08%. Some states also include a lesser charge — often known as driving while impaired — at a BAC of around 0.05%. Also, in all states, drivers under the drinking age of 21 have committed a drunk driving offence if they have any alcohol in their blood (set at .01% or .02% to be meaningful). DUID is driving under the influence of drugs. A third possible charge is driving under the combined influence of alcohol and drugs; this requires no particular blood-alcohol level, but only impairment as the result of the combined effects of alcohol and drugs (which may be legal or illegal).

The limit for aircraft pilots is 0.04%, and for commercial drivers 0.04% or 0.05% depending upon the jurisdiction.

A current punishment for drunk driving is already under way in the state of Ohio, and is being looked at in California for DUI offenders to purchase a "scarlet letter" that is placed over the offender's license plates. This identifies them as a DUI offender, and must be purchased for all their household car's plates. This penalty is in addition to the regular DUI and court charges.

The effects of any alcohol consumption are exacerbated depending upon the physiological condition of the individual because of such factors as fatigue, lack of sleep, and the bodies ability to dissipate alcohol at any given time.

Penalties include fines, incarceration and license suspension. Severity of the penalty is based on the circumstances surrounding the violation.=

Canada
Driving under the influence is a generic term for a series of offences under the Canadian Criminal Code. The main offences are operating a motor vehicle while the ability to do so is impaired by alcohol or a drug, contrary to section 253(a) of the Criminal Code, and operating a motor vehicle while having a blood-alcohol concentration of greater than 80 milligrams of alcohol in 100 millilitres of blood, contrary to section 253(b) of the Criminal Code.

The offences are usually investigated by the police coming across a driver with either an erratic driving pattern or who has been pulled over. The police make a demand that the driver give a sample of his breath into an approved screening device, which will determine the driver's blood-alcohol concentration on a preliminary, non-evidentiary basis. If the police believe on reasonable and probable grounds that the driver is committing an offence under section 253 of the Criminal Code, the police can demand that the driver go to the police station to give samples of his breath for an approved instrument test, which would be used to prosecute the driver.

The punishments for impaired driving or driving over 80 are:

For the first offence: $600 fine, 1-year driving prohibition;or jail time For the second offence: 14 days jail, 2-year driving prohibition;and time in jail For the third or subsequent offence: 90 days jail, 3-year driving prohibition. On Dec 15, 2005, Charly Hart of Watford, Ontario, a man with a 35-year history of impaired driving which included thirty-nine convictions, was on the occasion of his latest such conviction sentenced to six years in prison, the most severe penalty ever handed down in Canada when the offence did not involve a fatality, and the maximum sentence permitted under the law.[1]=

Australia
Road laws are state based

Australian Capital Territory
0.02% for "professional" drivers (taxi, bus, dangerous goods vehicles, heavy vehicles over 4.5 tonnes, Commonwealth vehicles) and learner and P-plate drivers 0.05% for experienced drivers (that is drivers over 18 years of age who have been driving for more than 3 years and are not classed as "professional" drivers)

New South Wales
Zero for Learner and Provisional licences and 0.02 % for Drivers of vehicles of "gross vehicle mass" greater than 13.9 tonnes, vehicles carrying dangerous goods or public vehicles such as a taxi or bus. 0.05% for all other drivers

Queensland
A Zero limit applies to the drivers of trucks, buses, articulated vehicles, vehicles carrying dangerous goods, pilot vehicles, and taxis. It also applies to all learner drivers and provisional drivers under 25 years of age. 0.05% for other drivers.

South Australia
Zero limit for learner, provisional, probationary, heavy (greater than 15 tonne) vehicle, taxis, licensed chauffeured vehicles, dangerous goods, and bus licences. 0.05% for all other drivers.

Tasmania
Zero limit for learner, provisional, truck, bus, and taxi licences. 0.05% for all other drivers.

Victoria
Zero limit applies for unlicensed drivers and holders of Learner permits and Probationary licences, as well as any 'professional' drivers - including tram drivers. Also for certain relicensed drink-drivers. 0.05% for most other drivers. Licences cancelled for certain serious drink-driving offences may only be reissued after obtaining a court order. In such cases, the relicensed driver is subject to a zero limit for 3 years following relicensing or for as long as the person is required to use an alcohol interlock. Alcohol interlocks are required whenever a repeat drink-driver is relicensed. In addition, a court may impose an alcohol interlock when relicensing a first offender in certain serious cases (generally when the offence involved a BAC of 0.15% or higher). Zero limit for "prescribed illicit drugs", namely methamphetamine, THC (Cannabis) and, from 1 September 2006, the drug generally known as "ecstasy" [the full chemical description of ecstasy is "3, 4-Methylenedioxy-N-Methylamphetamine (MDMA)"]. Random testing of drivers is in force for alcohol and for prescribed illicit drugs.

Western Australia
0.03% for provisional (probationary) licence holders.
0.05% for all other drivers.
In Australia, there are laws that allow for a police officer to stop any driver and perform a random breath test, without needing any reason. In addition, in South Australia and Victoria, any driver can be required to perform a random saliva test for a prescribed illicit drug (i.e. methylampetamine and cannabis). Also, in Victoria, if a doctor sees any patient who is 15 years old or older as a result of a vehicle accident, the patient must allow the doctor to take a blood sample for testing for alcohol and drug content in a way that preserves the chain of evidence, regardless of whether the patient claims to be the driver, a passenger or any other circumstances. The results can be used as evidence in subsequent court proceedings.


Europe
Austria 0.05 % and 0.01 % for drivers who have held a licence for less than 2 years and drivers of vehicles over 7.5 tonnes
Belarus 0.05 %
Belgium 0.05 %
Bosnia-Herzegovina 0.05 %
Bulgaria 0.05 %
Croatia Zero
Czech Republic Zero
Denmark 0.05 %
Estonia 0.02 %
France 0.05 %
Finland 0.05 %
Germany 0.05 % and zero for drivers conducting commercial transportation of passengers
Gibraltar Zero
Greece 0.05 % and 0.02 % for drivers who have held a license for less than 2 years and bus drivers
Hungary Zero
Iceland 0.05 %
Ireland 0.08 %
Italy 0.05 %
Latvia 0.02 % for drivers with less than 2 years' experience and 0.05 % for those with more than 2 years' experience
Liechtenstein 0.08 %
Lithuania 0.04 %
Luxembourg 0.08 %
Malta 0.08 %
Netherlands 0.02 % for drivers with less than 5 years' experience and 0.05 % for those with more than 5 years' experience
Norway 0.02 %
Poland 0.02 %
Portugal 0.05 %
Republic of Moldova 0.03 %
Romania Zero
Russia 0.02%
Slovakia Zero
Slovenia 0.00 % for drivers with 2 years or less experience and professional drivers, 0.05 % for all others
Spain 0.05 % [2] and 0.03 % for drivers with less than 2 years experience and drivers of freight vehicles over 3.5 tonnes, and of passenger vehicles with more than 9 seats
Sweden 0.02 % (up to 6 months imprisonment), 0.10% (up to 2 years imprisonment)
Switzerland 0.05 %
Turkey 0.05 %
Ukraine Zero
United Kingdom 0.08 %


Americas
Argentina 0.05 %
Argentina 0.05 %
Belize 0.08 %
Bolivia 0.07 %
Brazil 0.06 %
Canada 0.08 %
Chile 0.049 %
Colombia 0.04%
Costa Rica 0.049 %
Cuba Zero
Dominican Republic No Limit and 0.05 % for professional drivers
Ecuador 0.07 %
El Salvador 0.05 %
Guatemala 0.08 %
Guyana 0.01 %
Honduras 0.07 %
Jamaica 0.035 %
Mexico 0.08 %
Nicaragua 0.08 %
Panama Zero
Paraguay 0.08 %
Peru 0.045 %
Suriname 0.08 %
United States 0.08 % or lower; varies by state
Uruguay 0.08 %
Venezuela 0.05 %


Africa
Algeria 0.01 %
Benin 0.05 %
Cape Verde 0.08 %
Central African Republic 0.08 %
Comoros No Limit
Congo No Limit
Equatorial Guinea Zero
Eritrea Zero
Ethiopia No Limit
The Gambia Zero
Ghana 0.08 %
Guinea Zero
Guinea-Bissau 0.05 %
Kenya 0.08 %
Malawi Zero
Mauritius 0.05 %
Namibia 0.05 %
Niger 0.08 %
Nigeria Zero
Seychelles 0.08 %
South Africa 0.05 % and 0.02 % for professional drivers (trucks over 3.5 tonnes, and vehicles carrying passengers for reward) National Road Traffic Act, 1996
Togo No Limit
Uganda 0.08 %
Tanzania 0.05 %
Zambia 0.08 %


Caucasus
Armenia Zero
Azerbaijan Zero
Georgia 0.03 %


Middle East
Iran Zero. Drinking alcohol is illegal in Iran
Israel 0.05 %
Jordan Zero
Kuwait Zero. Drinking alcohol is illegal in Kuwait.


East Asia
China Varies. "Drinking and driving" and "driving while intoxicated" carry different penalties.
Japan 0.03 %
Republic of Korea 0.052 %


Western Pacific
Australia Zero for L and P-plate drivers, 0.05% for full licence
French Polynesia 0.05 %
Micronesia 0.05 %
New Zealand Has a limit of 0.08% for drivers over 20 years, 0.03% for those under. LTSA website
Palau 0.01 %


Central Asia
Kyrgyzstan 0.05 %
Mongolia 0.02 %
Turkmenistan 0.033 %


South Asia
India Zero; no such law
Nepal Zero
Sri Lanka 0.06 %


South-East Asia
Cambodia 0.05 %
Laos No Limit
Malaysia 0.08 %
Philippines 0.05 %
Singapore 0.08 %
Thailand 0.05 %

Philosophical perspectives
An overview of the philosophical approach to DUI, especially with respect to ethical and pedagogical concerns, is James B. Gould's "A Sobering Topic: Discussing Drunk Driving in Introductory Ethics" in 'Teaching Philosophy' 21:4 (December 1998), 339-360.

Gould's central point is that drunk-driving offers an ethical case that, for most people, is clear-cut in the fundamentals, familiar from everyday life, and extraordinarily complicated in the details. In other words, it's ideal for philosophical analysis at the introductory level.

He cites the few articles by academic philosophers that he could find:

Douglas N. Husak, "Is Drunk Driving a Serious
Offense?" 'Philosophy and Public Affairs' 23 (1994).
Bonnie Steinbock, "Drunk Driving." 'Philosophy and Public Affairs' 14 (1985).
James D. Stuart, "Deterrence, Desert and Drunk
Driving," 'Public Affairs Quarterly' 3 (1989).

See also

Source: http://en.wikipedia.org/wiki/Under_the_influence


Before the accident, the driver drank beer and shochu at one establishment and brandy at another. His car was doing nearly 100 kph when it smashed into the SUV.

To discourage drink driving by civil workers the Kochi prefectural government in 1997 decided in principle to fire all employees and officials shown to have driven under the influence of alcohol. After the Aug. 25 accident, Fukuoka Mayor Hirotaro Yamasaki announced a policy of dismissing city workers and officials even if they are arrested on suspicion of driving under the influence. The Nagasaki city government and the Kanagawa prefectural government followed suit with similar announcements.

The number of fatal traffic accidents caused by drunk drivers and the percentage of drunk-driver involvement in all fatal traffic accidents in the first seven months of the year have gradually increased over the past three years: from 401 (11.2 percent) in 2004 to 412 (12.5 percent) in 2005 and 419 (13.6 percent) in 2006. Because cases of drunk driving continue to make headlines, the National Police Agency fears that the 2001 inclusion of "dangerous driving" as a crime into the Criminal Law, and the 2002 enactment of the revised Road Traffic Law with harsher punishments may be losing their deterrent effect.

The Fukuoka accident prompted the NPA to launch a nationwide crackdown the week of Sept. 12 on drinking and driving. Such crackdowns should be carried out more often, and without prior warning. Doing so would help change the attitude of those who drink and drive thinking that they will not be caught by the police. Another measure might be to place warning notices on actual alcohol containers and inside businesses with liquor licenses that list the legal punishments for driving under the influence of alcohol. Public-service announcements could also be broadcast on television and radio to warn of the dangers of drinking and driving. In addition, a system that automatically locks a vehicle's ignition when a certain level of alcohol is detected in a driver's breath should be developed and introduced.

After the Fukuoka accident, a taxi company in Kitakyushu, Fukuoka Prefecture, mandated that its drivers take a breath-analyzer test at the start of their shift instead of punching a time card. This meaningful effort only cost the company about 300,000 yen, a small price to pay for making the roads safer.

The Japan Times
(C) All rights reserved
Source: http://www.japantimes.co.jp


Tags:
Posted Thursday, March 22, 2007
Filed in Foreign DUI News  | Permalink |  Comments (0)
trackback URL:  http://www.dui.com/dui-library/foreign/dui-japan/sbtrackback
del.icio.us   Digg   Yahoo   Google   Spurl
A Library of Drunk Driving Articles, DUI News and Drunk Driving Research

Topics: DUI NewsRelated DUI StroriesCelebrities DUI Charges

Legal: DUI Laws and Drunk Driving Court Decisions

Alcohol and Drugs: Dependencies, Drug Abuse and Health Issues
Topics: Health Costs Treatment Use and Abuse

BAC: Blood Alcohol Content Information

Fatalities and Accidents: Drunk Driving Accident Statistics and Stories
Topics: Statistics

Victims of Drunk Driving: Victims of Drunk Driving Articles and Information

Minors: DUI Laws and Prevention Dealing With Under Age Drinking

Prevention: Programs and Laws Attempting to Prevent Drunk Driving
Topics: MADD

Research: Alcohol History, DUI Laws and Drunk Driving Related Information

Federal DUI: DUI Laws Pertaining to Pilots and Other Federal DUI Information

Foreign: Alcohol, Drugs and Drunk Driving Worldwide

Peculiar Drunk Driving Articles: Unusual and One of a Kind Drunk Driving Articles