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Driving a motorcycle without a license without a license has not yet worn a helmet, in the accident, there must be responsibility, at least secondary responsibility, and the specific depends on the detailed process of the accident, such as what illegal acts the other party has, if the other party does not have any illegal behavior, then the car is a dog, and the division of responsibility is to see what illegal acts both sides have.
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Motorcyclists who are unlicensed, unlicensed, and not wearing a helmet are held equally responsible in an accident. The specific size of responsibility should also refer to the violation of the other party. Because there is a violation, there is at least secondary responsibility.
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Not wearing a helmet without a license, without a license, just means that you have violated the law, and you will generally be sentenced to a second responsibility, mainly depending on how much impact your driving route has on traffic accidents.
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A motorcycle driver who does not have a license plate, does not have a driver's license, and does not have a helmet should bear the minimum secondary liability in the traffic accident, and if the person has not committed other violations, he shall be secondarily liable in the accident.
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Driving an unlicensed motorcycle without a license and not wearing a safety helmet caused a traffic accident. Then whether you are at fault or not, you are secondarily responsible. The specific responsibility is divided by the traffic police arriving at the scene to collect evidence.
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You don't wear a helmet, it is not the direct cause of the accident, because not wearing a helmet, it is impossible to cause an accident, in the accident, or he driving without a license and without a license may lead to the occurrence of the accident, should bear full responsibility for the accident.
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The owner of a motorcycle without a license, a license, a license, or a helmet should be held at least secondarily liable in a traffic accident, and if he has no other wrongdoing, he should be secondarily liable in a traffic accident.
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A motorcycle without a license, without a driver's license, without a helmet, is secondarily responsible for the accident if there is no other fault in the traffic accident. The traffic police department punishes the parties for the illegal acts of not having a license, no driver's license, and no helmet.
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The exact amount of responsibility to be borne is based on the direct cause of the traffic accident. If the party of the motorcycle without a license, no driver's license and no helmet is in violation of the traffic light regulations, driving in the opposite direction, running a red light and other illegal acts under normal driving, then the other party should be fully responsible for the accident, and the party is not responsible for the accident.
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If you drive a motorcycle without a license and do not wear a helmet, you will still be affected by the type of accident in a traffic accident. Determine the responsibility for the traffic accident, but you are unlicensed and unlicensed, and you have not worn a helmet for the illegal act, so that your department will punish you according to the law.
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Unlicensed and unlicensed is without the right of way, and should be fully responsible.
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You were involved in a traffic accident while driving a motorcycle without a license or a safety helmet. The traffic police will conduct an investigation of the situation at the scene and divide the responsibilities. Once the responsibilities are divided, you will be penalized for these violations.
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According to the circumstances of the accident, the responsibility is delineated according to the law, and the illegal acts are not mainly looked at, but the illegal acts account for the proportion of the accident responsibility determination, and the illegal acts will also be punished.
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Driving a motorcycle without a license without a helmet is responsible for major traffic accidents, fines, and so on.
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driving without a license, detention for 15 days, a fine of 1000 2000 yuan;
Driving an unlicensed motor vehicle is punishable by a fine of $1,000 to $2,000.
Failure to wear a helmet is punishable by a fine of $100,200.
You ask the traffic police for a notice of illegal punishment, which has a detailed reason for the violation and the amount of the penalty. If there is no other reason, no injury, no damage to the road facilities, the fine will be more, but you will be exempted from detention.
Your ID number has been recorded, and if you don't process it, you won't be able to apply for a driver's license in the future, and you will never be able to legally drive a motor vehicle.
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Pls how serious is your accident. If it's a death or.
Serious circumstances such as three serious injuries or one serious injury but escape, may constitute the crime of causing a traffic accident. If the above serious consequences are not reached, it is just an ordinary traffic accident, and in accordance with Article 99 of the Road Traffic Safety Law, a fine of not less than 200 yuan but not more than 2,000 yuan shall be imposed, and a detention shall be imposed within 15 days (the punishment of detention is not necessarily).
The number 5200, if it is only an administrative penalty, is already illegal; If accident handling compensation is also included, then it is also possible. If you are not satisfied with this administrative penalty, you can apply to the higher public security organ for reconsideration.
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Legal analysis: If a motorcycle is driven without a license, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan, and may be detained for 15 days. As for the punishment of not wearing a helmet, it is formulated by each province, municipality and autonomous region in accordance with the specific conditions of the region, and the standards are different in each province.
Legal basis: Article 99 of the Road Traffic Safety Law of the People's Republic of China Anyone who commits 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 driving a motor vehicle 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 temporarily detained; (3) Fleeing after causing a traffic accident does not constitute a crime; (4) The motor vehicle is driving more than 50 percent 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 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.
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Summary. Motorcycles without helmets and without a license shall be punished separately. Those who do not wear helmets shall be given 2 points and shall be given a warning or a fine of between 20 and 200 RMB, and those who drive without a licence shall be fined between 200 and 2,000 RMB, and may be detained for up to 15 days.
Those who do not bring their brothers to infiltrate the helmet and drive without a license shall be punished separately. Those who do not wear helmets shall be given 2 points and shall be given a warning or a fine of not less than 20 yuan but not more than 200 yuan, and those who drive without a license shall be fined between 200 and 2,000 yuan, and may be detained for up to 5 days with 10 clouds of dust.
Motorcycles on the road without a license plate, 12 points at a time, a fine of 200 yuan, and the traffic management department of the public security organ shall detain the motor vehicle.
Laws and regulations: Article 95 of the Road Traffic Safety Law of the People's Republic of China If a motor vehicle driving on the road does not hang a motor vehicle number plate, does not place an inspection and qualification mark or an insurance mark, or does not carry a driving license or driver's license with the vehicle, the traffic management department of the public security organ shall detain the motor vehicle, notify the party concerned to provide the corresponding license plate or sign or go through the corresponding procedures, and may be punished in accordance with the provisions of Article 90 of this Law. Where the parties provide the corresponding licenses or signs or go through the corresponding formalities, the motor vehicles shall be returned in a timely manner.
Those who intentionally cover up, deface, or do not follow the provisions to install motor vehicle number plates shall be punished in accordance with the provisions of Article 90 of this Law. Article 90 A driver of a motor vehicle who violates the provisions of road traffic safety laws and regulations on road traffic shall be given a warning or fined not less than 20 yuan but not more than 200 yuan. Where this Law provides otherwise, punishment is to be given in accordance with the provisions.
Article 99 of the Road Traffic Safety Law of the People's Republic of China shall impose a fine of not less than 200 yuan but not more than 2,000 yuan on any of the following acts, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan: (1) driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or driving a motor vehicle during the period when the driver's license is suspended. 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.
Article 4 (2) Driving a motor vehicle has behaviors that impede safe driving, such as making or answering hand-held **; (3) Driving a two-wheeled motorcycle without wearing a safety helmet; (4) When driving a motor vehicle on a highway or urban expressway, the driver fails to wear a seat belt in accordance with regulations.
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If you drive an unlicensed or unlicensed motorcycle and wear a helmet in an accident, the responsibility needs to be analyzed according to the specific situation.
Regulations on Procedures for Handling Road Traffic Accidents
Article 60 The traffic management department of the public security organ shall, according to the behavior of the parties play a role in the occurrence of road traffic accidents and the severity of the fault, determine the responsibility of the parties.
1) If a traffic accident occurs due to the fault of one of the parties, it shall bear full responsibility;
2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault;
3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable.
If one party intentionally causes a road traffic accident, the other party is not liable.
Article 61: In any of the following circumstances, a party bears full responsibility:
1) Fleeing after a road traffic accident;
2) Intentionally destroying or fabricating a scene or destroying evidence.
Where parties abandon their vehicles and flee or abscond and hide in order to evade pursuit of legal responsibility, if there is evidence showing that the other parties are also at fault, responsibility may be appropriately reduced, but where there is evidence at the same time showing that the fleeing party has the circumstances in item (2) of the first paragraph, it is not to be mitigated.
1. What are the penalty standards for driving without a license?
Road Traffic Safety Law of the People's Republic of China
Article 99 Any person who commits 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 having a motor vehicle driver's license 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 temporarily detained;
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.
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