Does the new traffic law stipulate that the operating vehicle of the party responsible for the accid

Updated on society 2024-02-21
7 answers
  1. Anonymous users2024-02-06

    I can seize. Regulations on Procedures for Handling Road Traffic Accidents

    Article 37: After the occurrence of a traffic accident, if it is necessary to carry out inspection and appraisal, the traffic management department of the public security organ shall entrust a qualified appraisal agency to conduct inspection and appraisal within three days from the date of the end of the investigation at the scene of the accident.

    Article 38: The traffic management department of the public security organ shall agree with the inspection and appraisal agency on inspection and appraisal.

    The agreed time limit shall not exceed 20 days. More than 20 days, shall be reported to the traffic management department of the public security organ at the next higher level for approval, but the longest shall not exceed 60 days.

  2. Anonymous users2024-02-05

    The traffic police shall conduct an inquest, inspection, and collect evidence at the scene of the traffic accident; The accident vehicle may be detained for the purpose of collecting evidence, but it shall be properly kept for verification. This article is the main legal basis for the traffic police to detain the vehicle, giving it the power to detain the accident vehicle for the purpose of collecting evidence.

  3. Anonymous users2024-02-04

    The maximum detention time for operating vehicles is 10 days; After a traffic accident occurs, the operating vehicle can go to the traffic police force to collect the vehicle with the injury certificate of the injured person and the damage assessment certificate of the accident vehicle; If the other party does not pay the medical expenses in time, you can ask the traffic police to immediately issue a letter of responsibility, and apply to the court for property preservation with the award, so that the court will detain it, and if the other party does not pay the medical expenses in time, then the court can auction the vehicle and pay the medical expenses for the injured person with the proceeds of the auction;

  4. Anonymous users2024-02-03

    There is no provision in this regard. Generally speaking, it is precisely because it is a commercial vehicle that the seizure of the vehicle will affect its income, so it is considered to release the vehicle. As to whether or not to impound a vehicle, the general rule is that the traffic police "may" detain the vehicle that caused the accident, rather than having to or should.

    It can be seen that it is up to the traffic police to decide whether to detain or not.

  5. Anonymous users2024-02-02

    Legal analysis: The car detained in a traffic accident is generally divided into detaining the car due to injuries in the accident, detaining the car due to incomplete procedures of the accident vehicle, detaining the car due to the driver being suspected of being drunk and taking drugs in the accident, and detaining the car due to the different measures of the two parties in the accident and the division of responsibility of the traffic police on the spot. Under normal circumstances, the traffic police will not detain the car for no reason.

    Legal basis: Article 72 of the Road Traffic Safety Law of the People's Republic of China After receiving the traffic accident report, the traffic management department of the public security organ shall immediately dispatch traffic police to the scene, first organize the rescue of the injured, and take measures to restore traffic as soon as possible. The traffic police shall conduct an inquest, inspection, and collect evidence at the scene of the traffic accident; The accident vehicle may be detained for the purpose of collecting evidence, but it shall be properly kept for verification.

    For the physical and mental conditions of the parties and other professional examinations, the traffic management department of the public security organs shall entrust a special agency to conduct an appraisal. The evaluation conclusion shall be signed by the evaluator.

  6. Anonymous users2024-02-01

    Legal analysis: The driver of the motor vehicle detained by the traffic accident business vehicle needs to accept the relevant certificate of processing or provide or reissue, and after verification, the traffic management department of the public security organ shall return it in a timely manner in accordance with the law. The time for verification by the traffic management department of the public security organ shall not exceed 10 days.

    Legal basis: Provisions on the Procedures for Handling Road Traffic Safety Violations》 Article 28 For the detained vehicles, after the parties accept the handling or provide or reissue the relevant certificates or formalities have been verified, the traffic management department of the public security organ shall return them in a timely manner in accordance with the law. The time for verification by the traffic management department of the public security organ shall not exceed 10 days. If it is necessary to extend, it may be extended to 15 days with the approval of the person in charge of the traffic management department of the public security organ at or above the county level.

    The verification time shall be calculated from the date on which the driver of the vehicle or the owner or manager of the vehicle can withstand the arrest and provide proof of the legal origin of the detained vehicle, go through the corresponding procedures, or accept the processing of Changhu. In the event of a road traffic accident, where it is necessary to detain the vehicle due to the collection of evidence, the time for detaining the vehicle shall be implemented in accordance with the relevant provisions of the "Provisions on Procedures for Handling Road Traffic Accidents".

  7. Anonymous users2024-01-31

    Legal Analysis: Traffic accident vehicles can be impounded, but there is a certain time limit. According to the second paragraph of Article 72 of the Road Traffic Safety Law of the People's Republic of China, the traffic police shall conduct an inquest and inspection of the scene of the traffic accident and collect evidence; The accident vehicle may be detained for the purpose of collecting evidence, but it shall be properly kept for verification.

    Legal basis: Article 72 of the Road Traffic Safety Law of the People's Republic of China The traffic police shall conduct inquests and inspections at the scene of traffic accidents and collect evidence of orange and lead; The accident vehicle may be detained for the purpose of collecting evidence, but it shall be properly kept for verification.

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