The owner of the car and the driver s license are not the same person, how to deal with the deductio

Driving licenseThere will be no demerit points, and all demerit points are for the driver's license, which means that all the demerit points are recorded on the driver's license of the vehicle driver. A driving license and a driver's license can handle violations even if you are not alone.

If the owner of the motor vehicle has a driver's license, the owner can process part of the demerit points and other driver's licenses part of the demerit points, so as to avoid the accumulation of 12 points. If the owner does not have a driver's license, then the driver has to hold the driver's license to deal with the violation points.

The driving license is the identity certificate of the motor vehicle, which is composed of the motor vehicle driving license of the People's Republic of China and the sub-page of the motor vehicle driving license of the People's Republic of China, and the license plate number and vehicle type are recorded on the certificate.

The owner's personal (unit) name, address, brand and model of the vehicle, nature of use, technical data of the vehicle and the date of issuance of the certificate and other relevant information.

A driver's license is a driver's certificate for driving a motor vehicle, which is issued by the People's Republic of China Motor Vehicle Driver's License.

It is composed of the sub-page of the motor vehicle driver's license of the People's Republic of China, which records the driver's personal information, the date of initial issuance, the type of permitted driving, the file number, the effective start date and the validity period.

When driving a motor vehicle, you must use both licenses at the same time, and when inspected by law enforcers, the driver must show a valid driving license and a valid motor vehicle driving license of the vehicle he is driving, and the vehicle type record of the driving license must be consistent with the driving record of the driver's license before he can go on the road.

According to the "Regulations on the Application and Use of Motor Vehicle Driving Licenses".

Article 43 stipulates that the cumulative demerit period for road traffic safety violations.

That is, the demerit period) is 12 months, and the full score is 12 points, which is calculated from the date of the initial issuance of the motor vehicle driver's license. Therefore, the date of initial issuance of your driving licence is the marking date, and every year is a demerit period.

According to the "Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China", a fine shall be imposed on a motor vehicle driver who does not score 12 points in a scoring cycle.

If it has already been paid, the demerit points will be cleared.

If the demerit score does not reach 12 points, but there are still fines that have not been paid, the demerit points will be transferred to the next demerit period. Therefore, the time of your penalty for violation and the time of payment depend on whether it is completed before the next clearing date, so as to determine which scoring cycle the specific deduction points are recorded.

The above content refers to: Encyclopedia - Regulations on the Application and Use of Motor Vehicle Driver's License.

The above content reference: Encyclopedia - Driver's license deduction points.

The above content reference: Hualu.com-Shanghai**: It is also illegal to withhold points from driver's licenses between friends without collecting money.

This has no effect.

To deal with violations, the driver needs to bring his ID card, driver's license, vehicle driving license, and three certificates to deal with the violation.

The driver can not be the owner of the car, and the owner can also be without a driver's license, as long as he is not driving the vehicle, there is no effect.

Demerit points are the points of the driver when the violation is recorded, if it is not the owner of the car and the owner has nothing to do with the owner, take the vehicle driving license and the driver's license of the illegal driver at that time to deal with the violation.

The driver can bring the owner's driving license and personal injury certificate + driver's license and ID card to the window of the traffic police team for processing.

Legal analysis: The driver's license and the driving license are not a person, and the driver shall bear the responsibility for the violation and accept the punishment after the violation. It should be noted that the driving license will not be deducted points, and all the demerit points are for the driver's license, which means that all the demerit points are recorded on the driver's Li Brigade driver's license.

That is, the driving license is an illegal record, and the driver's license is a penalty record. After the violation occurs, the driver of the vehicle needs to go to the traffic management department to deal with the violation.

Legal basis: Article 24 of the Road Traffic Safety Law The traffic management department of the public security organ shall implement a cumulative demerit system for the violation of road traffic safety laws and regulations by motor vehicle drivers, in addition to giving administrative penalties in accordance with the law. The traffic management department of the public security organ shall detain the motor vehicle driver's license for the motor vehicle driver whose accumulated demerit points reach the specified score, educate them on road traffic safety laws and regulations, and re-examine; Those who pass the examination shall be issued with a motor vehicle driver's license.

For motor vehicle drivers who comply with road traffic safety laws and regulations and do not accumulate demerit points within one year, the verification period of the motor vehicle driver's license may be extended. The specific measures shall be prescribed by the public security department.

1. How to deal with violations if the driver's license and the driving license are not the same person.

1. The driver's license and the driving license are not the same person, and the way to deal with the violation is as follows:

1) Be prepared to deal with the offending materials, such as a driver's license;

2) Check whether the violation is your own vehicle;

3) Fill in the confirmation form for the voluntary acceptance of punishment by the party involved in the traffic violation;

4) After filling it out, the transportation department will give a ticket to pay the money.

2. Legal basis: Article 108 of the Road Traffic Safety Law of the People's Republic of China.

The parties shall pay the fine to the designated bank within 15 days of receiving the written administrative penalty decision on the fine.

If the parties have no objection to the fines imposed on pedestrians, passengers, and non-motorized vehicle drivers, the fines may be collected on the spot.

Fines shall be issued with receipts uniformly issued by the finance departments of provinces, autonomous regions, and municipalities directly under the Central Government; If the fine receipt issued by the financial department is not issued, the party concerned has the right to refuse to pay the fine.

Second, what to bring to the traffic police brigade to deal with violations.

To go to the traffic police brigade to deal with traffic violations, you need to bring the following documents:

1. The original copy of the driving license of the vehicle where the traffic violation occurred;

2. The original ID card of the driver;

3. The original copy of the driver's license;

4. Receipt of Fines for Traffic Management Violations and Decision on Penalties for Traffic Violations.

1. Whether the deducted points for the driver's license are deducted from the owner or the driver.

1. The deduct of points for the driver's license is to deduct the owner's wheel or the driver, depending on the situation

1) If it is a violation taken by an electronic eye, it is recorded on the vehicle, that is, on the driving license, that is, the owner;

2) If it is a violation checked by the on-site traffic police, the punishment for the violation will be recorded on the driver. If the driver does not have a driver's license, he shall be fined not less than 200 yuan but not more than 2,000 yuan, and may be detained for not more than 15 days. If you have a driver's license, you will have a certain number of points on your driver's license and a fine.

2. Legal basis: Article 99 of the Road Traffic Safety Law of the People's Republic of China.

Any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ:

1) Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or during the period when the motor vehicle driver's license has been suspended;

2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or suspended;

3) Fleeing after causing a traffic accident that does not constitute a crime;

4) The motor vehicle is driving more than 50% of the speed limit;

5) Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations, or requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime;

6) Forcibly passing in violation of traffic control regulations and not listening to dissuasion;

7) Intentionally damaging or destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime;

8) Illegally intercepting or detaining motor vehicles, and refusing to heed dissuasion, causing serious traffic obstruction or relatively large property losses.

Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances in items 1, 3, 5 through 8, they may be detained concurrently for up to 15 days.

2. What is the standard for deducting points for driver's license?

1. Running a red light, 6 points will be deducted, and a fine of 100 yuan will be imposed;

2. For drunk driving, 12 points will be deducted, and a driver's license shall not be obtained within 5 years;

3. If you do not wear a seat belt, you will be deducted 3 points and fined 100 yuan;

4. If the co-driver does not wear a seat belt, 1 point will be deducted and a fine of 50 yuan will be imposed;

5. If you call a mobile phone while driving, you will be fined 3 points and fined 100 yuan;

6. Smoking while driving, 1 point will be deducted and a fine of 100 yuan will be awarded;

7. Intentionally covering the license plate, 12 points will be recorded, and the maximum penalty will be imposed;

8. Speeding, 6 points;

9. If the co-pilot is under the age of 14, 6 points will be deducted and a fine of 300 yuan will be imposed;

10. If the child sits in the co-pilot, 6 points will be deducted and a fine of 300 yuan will be imposed.

Legal analysis: According to the law, it can be known that the driver's license and driving license are not the same person, and if the violation can be dealt with, it needs to be handled by the traffic police force at the place where the license plate is issued or the vehicle number plate is issued. Because the country does not have a car, only one person can drive.

A driving license is a document for a vehicle, while a driver's license is a document for driving. Since you can drive different vehicles with a driver's license, the driver's license and the driving license are not one person, they have nothing to do with each other, and even if you violate the rules, you can use the driver's license to deal with it.

Legal basis: Article 4 of the Regulations on the Application and Use of Motor Vehicle Driver's Licenses stipulates that a person who applies for a motor vehicle driver's license business in the state shall truthfully submit the required materials to the vehicle management office, truthfully declare the specified matters, and be responsible for the authenticity of the substance of the application materials. Article 5 of the Regulations on the Application and Use of Motor Vehicle Driver's Licenses, the traffic management department of the public security organ shall establish a supervision system for the vehicle management office to handle the business of motor vehicle driver's license, and strengthen the supervision and management of driver's examination, driver's license issuance and use.