Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Saturday, January 3, 2009

Headline of the Day: 紅葉マークの表示義務 "Obligation to Show the "Autumn Leaf" Sticker

On the Metropolitan Police's web site, there is a notice that, according to 【道路交通法第71条の5・第2項】, Road Traffic Law, Section 71, Clause 2:


75歳以上の運転者が普通自動車を運転するときは、車の前面と後面に「紅葉マーク(高齢運転者標識)」を表示しなければなりません。

= Drivers over the age of 75 must display on the front and back of the vehicle the "Autumn Leaf" sticker signifying "elderly driver" when operating common passenger vehicles.

(I hope there aren't drivers over 75 operating commercial trucks!)


When I first got to Japan, I was puzzled as to why the sticker indicating "Learner" 初心者was a green arrow, but now I realize it's a green, sprouting leaf, which makes more sense: 若葉マーク (although it still looks like an arrow to me)
The "elderly driver" sticker 紅葉マーク looks like a dried up leaf about to fall from the tree, which is a pretty depressing reminder for the elderly drivers. (This reminds me of an article I read about slang terms used by doctors in the UK; apparently, "CTD" on a patient's chart stood for "circling the drain"...ack!)

At least the name is better than the one used before for drivers over 70: 枯れ葉マーク "areha maaku," which is literally "withered leaf" sticker. I think I'd refuse to put that on my car too, if I were in their shoes.

Although the site indicates that it's an "obligation" 義務, according to the Japan Times, the provisions relating to fines 反則金 【はんそくきん】(lit. "against + rule + money) of 4000 Yen for failure to comply 遵守 【じゅんしゅ】 will not be enforced 実施【じっし】されていない. (The police web site, however, still has the fine listed with a notice in red saying "現在は指導期間としています" or something like "The Period of Instruction is currently in effect."

According to the article, the requirement is supposedly being downgraded by the National Police Authority (NPA) to an "obligation to make an effort" because approximately 75% of drivers over 75 already use the stickers. In my opinion, it would seem that the ones who refuse to use the stickers are precisely the ones whose operation of a vehicle would require a warning to other drivers.

According to the web site, there are other stickers, which I haven't noticed on the streets yet.

A butterfly for 聴覚障害者標識 = Symbol for Hearing & Vision Impaired Drivers:


A four-leaf clover for 身体障害者標識 = Symbol for Physically Impaired Drivers:


Both of these are truly puzzling. I don't know what a butterfly has to do with hearing/vision impairment. It also seems like the internationally-recognized symbol for "disabled" would have done just fine, and I'm not sure what a clover has to do with physical impairment. (Maybe soon someone will tell me that it's actually four heart-tadpoles or something...)

Speaking of which, I'm seeing the use of "身体不自由" all over. Apparently because the term 障害者 is disfavored because it has connotations of "injury," organizations are using "身体不自由" which is closer to "physically challenged." 

Monday, October 27, 2008

Word of the Day  逸脱(いつだつ)

Today I learned the word 逸脱、which can mean "deviate from [a provision],” "depart from," or "derogate," depending on the context. Of these three, only "derogate" is usually used to indicate an abrogation or limitation of a right...but 逸脱 isn't limited in this way. It's very useful when talking about the extent to which a provision comports with a norm, a principle, a rule in a model agreement, etc. Here are a few good examples I found:
 
Example 1:

開発途上加盟国は、千九百九十四年のガット第十八条の規定から逸脱することを認めている範囲及び方法で、この協定の第二条の規定から一時的に逸脱することができる。 

A developing country Member shall be free to deviate temporarily from the provisions of Article II of this Agreement to the extent and in such a manner as Article XVIII of GATT 1994 permits.

Example 2:

査察団は、事務局長の査察命令を厳格に遵守するものとし、この命令を逸脱する活動を慎む

The inspection team shall strictly observe the inspection mandate issued by the Director-General. It shall refrain from activities going beyond this mandate.

Example 3:

第二十九条に規定する加盟国は、例外的な事情のある場合において、自国が通報した制度及び措置並びにこれらに係る期限について逸脱することが移行過程のために必要と認められるときは、委員会によってその逸脱を承認されることがある。

In exceptional circumstances Members referred to in Chapter 19 may be given departures from their notified programmes and measures and their time-frame by the Committee if such departures are deemed necessary for the process of transformation.

Example 4:

国連海洋法条約 第三百十一条-66 締約国は、第百三十六条に規定する人類の共同の財産に関する基本原則についていかなる改正も行わないこと及びこの基本原則から逸脱するいかなる協定の締約国にもならないことを合意する。

The Parties agree that there shall be no amendments to the basic principle relating to the common heritage of mankind set forth in article 136 and that they shall not be party to any agreement in derogation thereof.

*BONUS*! It can also apparently be used for "sexual deviation":

性的逸脱 【せいてきいつだつ】 (n) sexual deviation; sexual anomaly