JapanLiability for driving poorly maintained vehicle?
In Japan, drivers and vehicle owners can be held liable for accidents caused by poor vehicle maintenance under the Road Traffic Act and the Automobile Damage Compensation Security Act.
What the Law Says
Japanese law places strict responsibility on both drivers and registered owners to ensure vehicles are properly maintained and safe to operate. Failure to do so may result in criminal penalties and civil liability for damages.
Under the Road Traffic Act, drivers must not operate a vehicle that fails to meet mandatory safety standards. This includes defects in brakes, tires, lights, steering, or other critical systems.
The Automobile Damage Compensation Security Act requires all motor vehicle operators to carry compulsory insurance (Jibaiseki Hoken), and liability for injury or death arising from vehicle defects is presumed against the operator—and often extended to the registered owner—even if the driver was not negligent.
Owners who fail to maintain their vehicles may face criminal prosecution if an accident occurs due to known or reasonably discoverable defects.
Statutory TextNo person shall drive a motor vehicle which does not conform to the safety standards prescribed by Ordinance.
— Road Traffic Act, s. 70 — Prohibition of Driving Unsafe Vehicles
Statutory TextThe owner of a motor vehicle shall be liable for damage caused to life or body of others by the operation of the vehicle, irrespective of negligence.
— Automobile Damage Compensation Security Act, s. 3 — Liability of Owner
What to Do
Inspect your vehicle regularly — especially brakes, tires, lights, and fluid levels.
Keep maintenance records (e.g., repair receipts, inspection certificates) for at least 2 years.
Immediately repair or stop using any vehicle with known safety defects.
Confirm your compulsory automobile liability insurance (Jibaiseki Hoken) is active and up to date.
If involved in an accident linked to vehicle condition, report it to police within 24 hours and notify your insurer immediately.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.