Does the traffic administration unit have the right to withhold the driver s license????

Updated on society 2024-02-09
19 answers
  1. Anonymous users2024-02-06

    No rights! Please pay attention to the driver's license, which has a clear indication that only the public security organ has the right to withhold the driver's license. In principle, the highway authorities do not even have the right to check the driver's license.

    To put it bluntly, only the public security organs have the right to manage, inspect, detain, etc., and no other units or individuals have the right. If the traffic and highway administration unit withholds your driver's license, then it is ultra vires. You may file a public prosecution with a higher administrative authority or a people's court.

  2. Anonymous users2024-02-05

    It is true that there is no right to detain the driver's license and driving license, but there is the right to detain the car

  3. Anonymous users2024-02-04

    I'm Highway Administrator, and I'm aware of your problems as far as I know.

    1. Only the police can detain the driver's license, and the road administration only has the power to inspect it, but not the power to detain it.

    2. General road administration cannot deduct the driver's license. Because the driver's license is issued by the public security department. If the highway administration needs to withhold the license, it can withhold the operating certificate issued by the transportation department.

    3. You didn't stop when the traffic and highway officials stopped me, and you have the right to state the facts and defend your actions--- find a reasonable reason to save them from annoyance.

    4. The compulsory measures of the road administration can issue the "Notice of Suspension of Transportation" and "Notice of Stopping Vehicle Driving". The most powerful is the "Evidence Preservation List", that is, the detention of the car.

    5. In the end, it makes no sense to deduct your driver's license. Complete.

  4. Anonymous users2024-02-03

    The traffic and highway administration unit belongs to a kind of traffic management department and has the right to detain the driver's license.

    According to the Road Traffic Safety Law of the People's Republic of China

    Article 19 A motor vehicle driver's license shall be obtained in accordance with law when driving a motor vehicle.

    To apply for a motor vehicle driver's license, you shall meet the driving permit conditions stipulated by the public security department; After passing the examination, the traffic management department of the public security organ will issue a motor vehicle driving license of the corresponding category.

    Holders of overseas motor vehicle driver's licenses, who meet the driving permit conditions stipulated by the public security department, and pass the assessment of the traffic management department of the public security organ, can be issued with a Chinese motor vehicle driver's license.

    The driver shall drive the motor vehicle in accordance with the permitted driving type indicated on the driver's license; When driving a motor vehicle, you should carry your motor vehicle driver's license with you.

    No unit or individual other than the traffic management department of the public security organ shall confiscate or detain the driver's license of the motor vehicle.

  5. Anonymous users2024-02-02

    The traffic police have the right to detain the driver's license and driving license, but not arbitrarily, and the driver must have violated the law. The need for the traffic police to detain the driver's license in the process of law enforcement is authorized in accordance with Article 29 of the Provisions on the Procedures for Handling Road Traffic Safety Violations (Order No. 105 of the Ministry of Public Security).

  6. Anonymous users2024-02-01

    Some. The traffic police have the power to enforce the law, and they can temporarily withhold their driver's licenses and driving licenses for serious violations of traffic laws and regulations.

  7. Anonymous users2024-01-31

    In the event of an illegal act or traffic accident, the traffic police have the right to detain the driver's license and driving license.

  8. Anonymous users2024-01-30

    This traffic police must have the right to detain the driver's license and driving license, because it is necessary to detain the driver's license in dealing with traffic accidents.

  9. Anonymous users2024-01-29

    Of course, the traffic police have the right to detain your driver's license and driving license, but when they detain your driver's license and driving license, they should issue you with a certificate of compulsory measures to detain your driver's license and driving license in accordance with the law.

  10. Anonymous users2024-01-28

    If there is a violation of the vehicle, a ticket is generally issued, and if there is a serious traffic accident, the traffic police have the right to detain the driver's license and driving license of the vehicle driving the accident.

  11. Anonymous users2024-01-27

    The traffic police have the right to detain driver's licenses and driving licenses.

  12. Anonymous users2024-01-26

    Only the traffic police have the right to detain them, because the traffic police have the power to enforce the law.

  13. Anonymous users2024-01-25

    There are generally two situations in which the traffic police detain your driver's license and driving license, and the traffic police have the right to detain your documents if you have a violation during the driving process and are investigated by the traffic police on the spot or a traffic accident occurs.

  14. Anonymous users2024-01-24

    This is precisely the right of the traffic police.

  15. Anonymous users2024-01-23

    Summary. I will find out for you that the road administration does not have the right to withhold driver's licenses and driving licenses.

    I will find out for you that the road administration does not have the right to withhold driver's licenses and driving licenses.

    The road administration does not have the right to detain the driver's orange license and driving license, only the traffic police are qualified, however, in order to check the information of the vehicle, the road administration personnel should be able to check the driving license. Responsibilities of road administration: 1. Responsible for publicizing and implementing highway management laws and regulations, and supervising and inspecting the implementation of highways; 2. Responsible for the management and protection of highway property and right of way, and inspect, stop and deal with all kinds of encroachment, damage, pollution, illegal use of highways and other violations of highway management laws and laws in accordance with the law; 3. Responsible for the implementation of highway inspections, and supervise and inspect the highways, building control areas on both sides of the highway, vehicle parking places, and vehicle units in accordance with the law; 4. Responsible for the management of building control areas on both sides of the highway; Manage and approve the matters of burying various pipeline facilities in the building control area and within the scope of highways and highway land; Manage and approve other engineering construction matters that cross and cross highways in accordance with the law; 5. Responsible for managing and approving the setting of non-highway signs (advertisements) in highways, highway land, and building control areas on both sides of highways; 6. Responsible for managing and handling the approval procedures for oversized transport vehicles on the highway, and responsible for the traction, obstacle removal and rescue of highway faulty vehicles; 7. Responsible for supervising and inspecting the implementation of highway management laws and regulations by highway operators, users and other relevant units and individuals, and supervising and inspecting the safety of highway signs, markings and other safety facilities and maintenance sites; 8. Responsible for the administrative litigation work of highway and highway administration; 9. Responsible for the collection, management, use, supervision and inspection of the compensation for the loss of production in Luxian; 10. Responsible for the allocation and management of road administration equipment; 11. Responsible for the education and training of the city's road personnel; 12. Other duties assigned by the Highway Management Law and the regulations of the first mission; As the "window" of the traffic industry, the road administration work is a window industry of the society, and it is a law enforcement activity that performs management functions on behalf of the state, and every move, word and deed of the road administration personnel is related to the image of the state and the transportation department in the minds of the masses.

    Therefore, the road administration staff should have a more comprehensive quality.

  16. Anonymous users2024-01-22

    Summary. The highway administration does not have the right to detain the driver's license and driving license, and only the traffic management department of the public security organ has the right to detain the driver's license and driving license.

    The highway administration does not have the right to detain the driver's license and driving license, and only the traffic management department of the public security organ has the right to detain the driver's license and driving license.

    My husband is driving a big car shouting skin, today on the highway on the car broken, slowly moved to the shelter lane, the traffic police came to see the situation, said to repair quickly, repaired quickly go, after a while the road administration came, did not open any documents, did not show the work permit, the driver Bu's driving line car book deducted.

    Highway administration has no rights.

    Just tell the address and go to the office to deal with the matter.

    How can I defend my rights?

    Uh-huh. How do I defend my rights?

    Method. First, you first quietly send the driver's license temporarily withheld by the road administration to get it back, but I estimate that if you use this as a reason to make a mess of luck to the court, you will be able to get the license back in the end, and it will not have any impact on the results of your administrative punishment. Method.

    2. Accept administrative punishments.

  17. Anonymous users2024-01-21

    Dear, I am glad to answer for you Answer: Does the road administration have the right to deduct the driver's license and driving license Answer: The road administration does not have the right to deduct the driver's license and driving license.

    The road administration does not have the right to deduct the driver's license and driving license, only the traffic police are qualified, but in order to check the information of the vehicle taken by Qingju, the road administration personnel should be able to check the driving license.

  18. Anonymous users2024-01-20

    Hello, glad to answer for your pro! Here is a pro-analysis of the situation: if the traffic police detain the driver's license, if the traffic police believe that the party should be punished for temporarily withholding or revoking the motor vehicle driver's license, the party may detain the party's motor vehicle driver's license and issue a certificate of administrative compulsory measures.

    Specifically, the driver's license may be detained under any of the following circumstances: 1. Driving a motor vehicle after drinking alcohol or being drunk; 2. The driver of a motor vehicle hands over a motor vehicle to a person who has not obtained a driver's license or whose driver's license has been revoked or suspended; 3. The motor vehicle exceeds 50% of the speed limit; 4. Driving an assembled motor vehicle or a motor vehicle that has reached the scrapping standard; 5. Accumulate 12 demerit points in a scoring cycle; 6. Using another person's driver's license; 7. A major traffic accident occurs, constituting a crime. Procedures for the traffic police to withhold the driver's license, the public security traffic management department shall temporarily detain the documents of the parties involved in the traffic accident, shall comply with the provisions of the law, and present the temporary detention certificate.

    1. When the public security traffic management department temporarily detains the traffic accident vehicle, the suspect vehicle, the vehicle license plate and the driver's license of the party, it shall issue a temporary detention certificate; 2. Due to the needs of inspection and appraisal, the temporary detention period is 20 days, and the need to extend the draft period can be extended for 20 days with the approval of the public security traffic management department at the next higher level; 3. The temporarily impounded vehicles shall be stored in the place designated by the public security traffic management department and properly kept; 4. The other documents of the parties shall be returned on the spot after inspection and registration. The time limit for the traffic police to detain the driver's license of the motor vehicle is until the decision on the punishment is made. However, one day of detention will be deducted from the period of temporary detention by one day.

    There are two levels of penalties for the suspension of a driver's license, one is to suspend the driver's license for more than one month and not more than three months, and the other is to suspend the driver's license for more than three months and not more than six months. The suspension period shall be calculated from the effective date of the penalty decision, and if the suspension date expires, the traffic management department of the public security organ shall return the driver's license. According to the provisions of this article, if the penalty decision is to detain the driver's license of the motor vehicle before the penalty decision takes effect, the period of detention shall be one day for the period of temporary detention, that is, from the date when the police on duty first detained the driver's license of the party to the date on which the public security traffic management department formally made the decision to detain the driver's license, shall be deducted from the penalty period, if the penalty decision is to temporarily withhold the driver's license for three months, and the decision has been detained for 10 days before the decision is made, it shall be executed for another two months and 20 days from the date of the effective date of the punishment, instead of three full months.

  19. Anonymous users2024-01-19

    Article 11 When driving a motor vehicle on the road, the motor vehicle number plate shall be hung, the inspection mark and the insurance mark shall be placed, and the motor vehicle driving license shall be carried with the vehicle. No unit or individual may confiscate or detain a motor vehicle license plate. Article 19 A motor vehicle driver's license shall be obtained in accordance with law when driving a motor vehicle.

    No unit or individual other than the traffic management department of the public security department shall confiscate or detain the driver's license of the motor vehicle. Is it easy to understand this explanation?

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