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UPDATED: October 30, 2009 NO. 44 NOVEMBER 5, 2009
Should Passengers Be Responsible for Drunk Drivers?
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An unreasonable regulation

Guo Bing (www.cctv.com): The police might think that there exists a certain link between drunk driving and passengers' inaction, so passengers should also take certain responsibility. However, passengers are not vested with the power to prevent drunk drivers from driving and thus they do not need to fulfill this obligation. Only police officers have the power to stop drunk driving and they are the people who should undertake most of the responsibility. But now, they have shifted that responsibility to ordinary passengers. It's really ridiculous.

Before the Ministry of Public Security released its proposal, some places in China had already issued similar regulations. For example, in Zhenjiang, east China's Jiangsu Province, it is stipulated that restaurants where drivers get drunk will be held accountable to a certain extent. Northeast China's Jilin Province also fines people who ride bicycles while drunk. These two measures show that police authorities in some places have become addicted in using severe penalties in the crackdown on drunk driving.

In the past, the punishment for drunk driving was a bit too lax and some drivers were able to escape penalties. Targeting passengers for punishment as well is an overcorrection. It also violates the principle of "innocent until proven guilty."

Wei Wenbiao (Guangzhou Daily): Passengers are not legally obligated to discourage drivers from driving after drinking alcohol. Thus, even if passengers do not try to prevent drunk driving, they are not legally responsible. Imposing fines on passengers undermines their legitimate rights. Besides, it can be hard to tell whether someone sharing a car with a drunk driver has tried to dissuade the driver or not. If they tried but failed, should they still be punished?

Besides, as we know, drivers have to first obtain licenses before they are allowed to drive a car, which means that they know drunk driving is illegal and are aware of the possible consequences. In this case, imposing fines on passengers is actually asking them to share a responsibility that should be taken solely by drivers.

The proposed fines on passengers sharing a car with a drunk driver shows the police's strong determination to protect people's lives as much as possible, but good intentions should never be an excuse for setting up regulations that transcend laws.

Wan Guangwu (www.rednet.cn): Why is the public opposed to punishing passengers? Because they are worried about their private rights. If riding in a car with a drunk driver might incur fines, then they might be easily deprived of other rights. In modern society, what the public demands is to be respected. To this end, the authorities must fulfill their own obligations and bravely take responsibility. Otherwise, the future picture is ridiculous: Every passenger would have to carry an alcohol tester with him or her, in order to avoid getting in cars with drunk drivers and thus being penalized by the police.

Teng Chaoyang (Nanfang Daily): If a driver is drunk, most passengers will try to stop them from driving, but whether the driver listens to them is something else. Sometimes, even police officers can't stop drunk drivers, let alone ordinary passengers. Therefore, it's unfair to punish passengers for the mistake of drivers. In some special cases, maybe the driver and the passengers are all drunk. How is an incapacitated passenger supposed to prevent someone from driving drunk?

If a passenger is willing to trust a drunk driver, risking his own life, no potential punishment or fines will change that.

For those passengers who do not try to stop drunk drivers, it is enough to give them a warning. Fines seem to go too far. The public might regard these fines as simply another way for the government to make money.

Sun Ruizhuo (www.chinajilin.com.cn): For anyone to be penalized, they must have done something illegal. Drunk driving is solely the responsibility of concerned drivers, and curbing drunk driving is solely the responsibility of the police. Expanding punishment to passengers will hurt ordinary people's rights and interests, and actually help the police shirk their responsibility. It's not that passengers should not discourage or prevent drunk driving, but this is only a moral requirement. Thus, even if they do not try to prevent drunk driving, they should not be held legally accountable.

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