Penalties for riding a bicycle while using a smartphone or under influence of alcohol, and their impact on visa acquisition.

What has changed by Road Traffic Act Revision?

Penalties for using a smartphone while driving a bicycle

Driving a bicycle while operating or talking on a smartphone, etc. is called “Nagara-Unten” in Japanese.

Whether or not driving while using earphones are criminalized depends on each municipality.

On the other hand, there is no penalty when the bicycle is stopped.

Now, let me explain what has changed since November 2024.

(Before revision) A fine that is 50,000 yen or less

(After revision) ⇒ Imprisonment of 6 months or less or a fine that is 100,000 yen or less

If you cause a traffic accident while using a smartphone and riding a bicycle at the same time (“Nagara-Unten.”)

⇒ Imprisonment of 1 year or less or a fine of 300,000 yen or less

Penalties for riding a bicycle under the influence of alcohol

*Drunk driving was subject to penalties even before the revision. However, with this revision, even if you are not very drunk, you may be considered to be under the influence of alcohol and be punished if the alcohol level in your system exceeds a certain threshold. In addition, making a drunken person ride a bicycle are prohibited.

*Penalties are imprisonment of 5 years or less or a fine of 1 million yen or less.

① Newly prohibited acts

• Riding a bicycle while under the influence of alcohol.
• Providing alcohol to a person who is likely to drive a bicycle.
• Providing a bicycle to a person who is likely to drive under the influence of alcohol.
• Asking a bicycle driver to give you a ride on a bicycle and riding with them while knowing that the bicycle driver is under the influence of alcohol.

• Penalties for driving a bicycle under the influence of alcohol

⇒ Imprisonment of 3 years or less, or a fine that is 500,000 yen or less

• Providing a bicycle to a person who may drink and drive.

⇒ Imprisonment of 3 years or less or a fine of 500,000 yen or less for the person who provided the bicycle

• Providing the alcohol to a person to who is likely to drive a bicycle.

⇒ Imprisonment of 3 years or less or a fine of 500,000 yen or less for the person who provided the alcohol

• Asking a bicycle driver to give you a ride on a bicycle and riding with them while knowing that the driver is under the influence of alcohol.

⇒ Imprisonment of 2 years or less or a fine that is 300,000 yen or less for the passenger

Violation of the above may result in disadvantages when applying for, renewing or changing your visa. Please be sure to ride a bicycle safely!

“Bicyclist’s lecture course” for those who have violated the Road Traffic Act

Even before the revision, those who may cause traffic danger by repeatedly committing violations (dangerous acts) were required to take a “bicyclist’s lecture course.” The Revised Road Traffic Act has added “using a smartphone while driving” and “driving under the influence of alcohol” to the “dangerous acts” that are subject to the lecture course.

If you are arrested for these violations more than twice within three years, the Prefectural Public Safety Commission will set a period of time of within three months and ask you to take a bicyclist’s lecture course.

If you ignore the order and do not take the bicyclist’s lecture course, you will be fined up to 50,000 yen.

2. Impact on visas and naturalization for foreigners

Risk of non-approval of visa renewal/change, and revocation of visa.

For foreigners, traffic violations are closely related to issues of “residence status.”

So, in what cases does it actually affect your visa status?

The possible impacts vary depending on the crime you commit and punishment that you receive.

For example, the following situations may occur.

The Immigration Control Act states that visa renewals and changes are permitted only when there is a sufficient reason for the Minister of Justice to deem it appropriate, and the specific circumstances under which permission will be granted or denied are described in the “Guidelines for Permitting Changes to Residence Status and Period of Stay” published by the Ministry of Justice as shown below.

1. The activities to be carried out correspond to the status of residence listed in the appendix to the Immigration Control Act that is the subject of the application.
2. The applicant meets the landing permission criteria set forth in the Ministry of Justice ordinance, etc.
3. The applicant has been engaged in activities that correspond to the status of residence that he or she currently holds.
4. The applicant is not of bad conduct.
5. The applicant has sufficient assets or skills to make an independent living.
6. The employment and working conditions are appropriate.
7. The applicant has fulfilled his or her tax obligations.
8. The applicant has fulfilled his or her obligations, such as filing notifications, set forth in the Immigration Control Act.

It is important to pay special attention to this “The applicant is not of bad conduct” requirement and prepare for it so that you would not find yourself in a disadvantageous situation when renewing your visa.

In addition, even in case of a traffic violation, if you are summarily prosecuted and “receive a fine or severer punishment,” you must write, “I have a criminal record” in item 15 of the “Application Form (for applicants, etc. 1)” for the application for status of residence and write the specific details when changing or renewing your status of residence.

If applicants apply for a status of residence without writing down these facts, in some cases, it was discovered that such applicants had obtained status of residence through fraudulent means (by concealing disadvantageous facts) and their applications were revoked.

In addition, there are other traffic violations such as administrative penalties for which a blue ticket is given for “parking violations, speeding violations, etc.”

Such administrative penalties including fines are not needed to be listed here.

However, it is very difficult for foreigners to judge whether a penalty is an administrative penalty or a criminal penalty. Therefore, the Immigration Bureau recommends that you write down all of the violations, even minor traffic violations (including those for which you paid a fine with a blue ticket).

Not writing down criminal penalties that should be written down will be a negative factor in the examination of application, so in our opinion, it is better to report all of the violations, even minor traffic violations such as blue tickets, and have them reviewed by the examiner, rather than trusting your own judgment and risking the cancellation of your residence or the deportation.

In addition to regular traffic violations, you do not need to write down (but may write down) any violations that were not prosecuted.

The reason is the same, and it is because only punishments severer than a fine must be written

*However, even if the case is not prosecuted (not because of insufficient grounds, but because of the suspension of prosecution), or even if it is an administrative penalty (blue ticket), it may affect permanent residence visa and naturalization, as described below. Please be careful.

 You will not be able to obtain a permanent residence visa or to be naturalized

If you receive criminal penalties such as fines or imprisonment, it will be difficult to obtain a permanent residence visa.

In addition, there is a high possibility that your “naturalization application” to obtain Japanese citizenship will be rejected.

Did you know that bicycle accidents will also be subject to blue ticket penalties in 2026?

It is said that in the case of naturalization applications, only one ticket per year would be acceptable.

In particular, the records of the last two years will be checked quite strictly.

For details on blue tickets, please check this page (only in Japanese).

自転車のルール知っていますか？－自転車の主な交通ルール違反の罰則一覧

What is a blue ticket for bicycles:

・Blue ticket: Issued for minor violations, with less than 6 points. Criminal responsibility is not held liable if you pay the fine.

Summary

There are serious and minor violations of traffic rules. Following traffic rules are mandatory, but from 2026, minor violations will be subject to blue tickets, so please be more careful and pay attention while riding a bicycle.

Bicycles are easy to ride but they have high speed, so it could lead to a serious accident, such as a fatal accident.

To avoid becoming either the perpetrator or the victim, please obey traffic rules and ride with caution.

Our group is based in Osaka (Abeno and Tennoji) and Tokyo (Shibuya-ku and Ebisu), and we also accept on-site and online consultations. We provide support tailored to each situation by experienced administrative scrivener specialists.

If you have any questions, please feel free to contact us.

https://immigration-lawyer.co.jp/visa/family/