With the increasing number of bicycle users, incidents of bicycle traffic violations in Japan have been emerging one after another in recent years, some even leading to fatal traffic accidents. As a result, Japan has stepped up penalties for bicycle violations. In cases where cyclists were referred to prosecutors for deliberate violations, prosecutors had previously been cautious about whether to prosecute. On the 21st, the Tokyo District Public Prosecutors Office stated it would change its policy and proceed with "summary prosecutions" against offenders involved in deliberate acts such as running red lights while cycling.
Cycling violations can also lead to prosecution
According to Japan’s "Road Traffic Act," bicycles are classified as "light vehicles," falling under the same category as motor vehicles, and must adhere to traffic rules. The law states that cycling under the influence may result in up to three years of imprisonment or a fine of up to 500,000 yen; ignoring traffic signals, cycling the wrong way, or dangerous cycling can lead to fines of up to three months or 50,000 yen; cycling at night without proper lighting, cycling while holding an umbrella or using a phone, and other unstable cycling behaviors, as well as changing lanes without signaling, may be penalized with fines of up to 50,000 yen; carrying passengers on a bicycle, cycling side-by-side with another bike, or obstructing pedestrians may incur fines of up to 20,000 yen or a shikko (a type of Japanese monetary penalty, generally under 10,000 yen, not considered a criminal record).
The aforementioned "fines" are a form of criminal penalty. Motor vehicle violations of the "Road Traffic Act" also carry provisions for criminal punishment. However, the "fines" normally paid for motor vehicle traffic violations are not criminal fines but "traffic violation penalties."
Receiving a "fine" as a criminal penalty results in a criminal record. But considering that it would be too harsh for drivers to receive a "criminal record" for minor infractions like crossing solid lines, failing to signal, or running red lights, Japan has established a "traffic violation penalty system." For minor traffic violations, if the "traffic violation penalty" is paid within the specified time, the case can be exempted from litigation — this is also a measure to improve efficiency. If the "traffic violation penalty" is not paid or there is an objection to the penalty, the case will go to court.
Bicycle traffic violations do not have a "traffic violation penalty system," and penalties can only be imposed if the case goes to court. Given that cyclists who are fined may end up with a criminal record, Japanese prosecutors have traditionally opted not to prosecute or have postponed prosecutions for such cases referred by the police.
According to Japan’s Criminal Procedure Act, for cases where the facts are clear but, taking into consideration the suspect’s character, age, circumstances, details, and harm, prosecution is deemed unnecessary, a "deferred prosecution" may be applied. Those who receive "deferred prosecution" do not get a criminal record but will have a "precedent," which can serve as supplementary evidence if they are prosecuted for other offenses in the future.
Second referral no longer deferred
Due to health, environmental, and other considerations, the number of people in Japan using bicycles as a mode of transport has been on the rise in recent years. At the same time, bicycle traffic violations have also been increasing. According to data from the National Police Agency, while the overall number of traffic accidents is decreasing, bicycle-related incidents are on the rise. In 2011, the number of bicycle collisions with pedestrians increased by 1.5 times compared to ten years earlier. The Metropolitan Police Department also reported that in 2012, the proportion of bicycle-related traffic accidents in Tokyo rose from 34.8% in 2007 to 36.2%. Among these, the proportion caused by bicycles running red lights increased from 8% to 9.6%.
In 2012, the number of red-light violations by bicycles caught by Tokyo police was eight times higher than in 2007, yet the problem persists. To address this, the Tokyo District Public Prosecutors Office stated on the 21st that it would adjust its penalty policy and proceed with "summary prosecutions" against those who deliberately run red lights while cycling.
According to Japanese media reports, behaviors such as cycling with passengers or using a phone while also running red lights, or deliberately running red lights at busy intersections or despite police intervention, will be subject to "summary prosecutions." For those referred to prosecutors for a second time due to similar behavior, "deferred prosecution" will generally no longer be applied. It is said that those currently caught running red lights have already been informed that repeat offenses will result in "summary prosecutions."
Being sentenced to a fine means acquiring a criminal record, and the cost of bicycle violations may even be higher than that of motor vehicle violations. In response, the Tokyo District Public Prosecutors Office stated that severe penalties should be imposed on serious red-light violations.
Bicycle accidents may lead to car license suspension
Due to the high incidence of bicycle accidents, Japan has not only started imposing substantial fines but has also strengthened bicycle management in multiple ways. There have been cases where individuals were referred to prosecutors for riding bicycles without brakes, and others where bicycle-related accidents affected their car licenses.
Last year, a resident of Osaka was repeatedly caught by police for riding a racing bike without brakes on public roads. Later, the individual installed fake brakes and continued using the bike, leading to another arrest and referral to prosecutors. In January of this year, Tokyo began banning the sale of such racing bikes.
In November 2012, police in Nara, Japan, suspended the car license of a cyclist who fled the scene of a traffic accident for 150 days. This was based on Japan’s "Road Traffic Act," which states that when a licensed driver poses a clear danger to traffic safety, their license may be suspended. Nara police explained that the offender had failed to fulfill their duty to provide assistance, and thus it could not be ruled out that similar situations might occur while driving a motor vehicle, resulting in the license suspension. In 2011, Osaka also saw a case where a bicycle accident affected the offender's driver’s license.
According to the "Road Traffic Act," bicycles should generally use vehicle lanes, and if they must use sidewalks, they must ride close to the vehicle lane side. Whether bicycles should use lanes or sidewalks has gone through several changes in Japan. Initially, with few motor vehicles, it was natural for bicycles, as an important mode of transport, to use roads. Later, as the number of motor vehicles increased, to protect cyclists' safety and ensure smooth traffic flow, bicycles were moved to sidewalks. After some time, with shifts in traffic philosophy and greater attention to pedestrian safety — the more vulnerable road users — bicycles were again mandated to use vehicle lanes. However, this rule has not been well enforced, and bicycles on sidewalks remain more common. In recent years, various regions in Japan have increased penalties for such behavior.
Japan has very few dedicated bicycle lanes, which is also one reason why bicycles often use sidewalks. In recent years, some areas in Japan have begun marking dedicated bicycle lanes on suitable roads. Where bicycle lanes exist, bicycles are prohibited from using sidewalks, and repeat offenders may be formally referred to prosecutors.