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According to the provisions of Article 92 of the Road Traffic Safety Law, if a highway passenger vehicle carries more passengers than the rated occupant, it shall be fined not less than 200 yuan but not more than 500 yuan; Anyone who exceeds 20% of the rated occupancy or carries goods in violation of regulations shall be fined not less than 500 yuan but not more than 2,000 yuan.
If the freight motor vehicle exceeds the approved load weight, a fine of not less than 200 yuan but not more than 500 yuan shall be imposed; Anyone who exceeds 30% of the approved load weight or carries passengers in violation of regulations shall be fined not less than 500 yuan but not more than 2,000 yuan.
If there is any of the above acts, the traffic management department of the public security organ shall detain the motor vehicle until the illegal state is eliminated.
If the vehicle of the transport unit has the above circumstances, if it does not change after punishment, the person in charge who is directly responsible shall be fined not less than 2,000 yuan but not more than 5,000 yuan.
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Overload of more than 20% will result in a fine of 2,000 and 12 points will be deducted.
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Legal analysis: The penalty standard for overloading passenger vehicles is a fine of more than 200 yuan to less than 500 yuan, and if it exceeds more than 20% of the rated occupants, the standard of the fine is more than 500 yuan to less than 2,000 yuan. General motor vehicle overloading also violates the law, but the specific penalty standards are stipulated by the local people.
For example, if the school bus is seriously overloaded, it is possible to bear criminal liability.
Legal basis: Article 92 of the Road Traffic Safety Law of the People's Republic of China.
Highway passenger vehicles carrying more than the rated occupants shall be fined not less than 200 yuan but not more than 500 yuan; Anyone who exceeds 20% of the rated occupancy or carries goods in violation of regulations shall be fined not less than 500 yuan but not more than 2,000 yuan.
If the freight motor vehicle exceeds the approved load weight, a fine of not less than 200 yuan but not more than 500 yuan shall be imposed; Anyone who exceeds 30% of the approved load weight or carries passengers in violation of regulations shall be fined not less than 500 yuan but not more than 2,000 yuan.
If there is any act in the preceding two paragraphs, the traffic management department of the public security organ shall detain the motor vehicle until the illegal state is eliminated.
Where the vehicles of transport units have the circumstances provided for in paragraphs 1 and 2 of this article, and they do not change after punishment, the person in charge who is directly responsible shall be fined not less than 2,000 yuan but not more than 5,000 yuan.
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Article 92 of the "Road Traffic Safety and Noise Hall Law" stipulates penalties for motor vehicles in four paragraphs according to the different uses of motor vehicles, i.e., passenger vehicles and freight vehicles. Among them, the first paragraph stipulates penalties for the illegal acts of highway passenger vehicles carrying passengers exceeding the rated occupants and exceeding the scope of transportation. The following two specific acts are stipulated:
1.Highway passenger vehicles carrying more passengers than the rated occupants. There are two cases:
First, the highway passenger vehicle carries more than the rated occupant but does not exceed 20%; Second, if the highway passenger vehicle carries more than 20 percent of the rated occupancy, this is the standard for defining the serious overloading of passenger vehicles, that is, the behavior of passenger vehicles exceeding 20 percent of the rated occupants is serious overloading. 2.Highway passenger vehicles carrying goods in violation of regulations.
If the highway passenger vehicle carries more passengers than the rated occupant, it is stipulated that a fine of not less than 200 yuan but not more than 500 yuan shall be imposed; Anyone who exceeds 20% of the rated occupancy or carries goods in violation of regulations shall be fined not less than 500 yuan but not more than 2,000 yuan. At the same time, the traffic management department of the public security organ shall detain the motor vehicle until the illegal state is eliminated. "Detaining a motor vehicle until the illegal state is eliminated" is a special compulsory measure given by law to the public security organs to overload and overload motor vehicles, which is a relatively harmful behavior to road traffic safety, which means that in order to fundamentally correct the illegality of the above-mentioned illegal acts, so that their behavior meets the standards stipulated by laws and regulations, they can only be allowed to continue driving.
Amendments to the Criminal Law adopted at the 16th Session of the Standing Committee of the 12th National People's Congress on August 29, 2015.
9) Article 133-1 of the Criminal Law has been amended to increase the criminality of engaging in school bus business or passenger transportation, seriously exceeding the rated occupants to carry passengers, therefore, engaging in school bus business or passenger transport in passenger transport, exceeding 20% of the rated occupants, shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law.
Article 92 of the Road Traffic Safety Law of the People's Republic of China.
Highway passenger vehicles carrying more than the rated occupants shall be fined not less than 200 yuan but not more than 500 yuan; Anyone who exceeds 20% of the rated occupancy or carries goods in violation of regulations shall be fined not less than 500 yuan but not more than 2,000 yuan.
Road Traffic Safety Violation Demerit Points" Article 1.
The driver of a motor vehicle who commits one of the following violations shall be deducted 12 points at a time:
3) Driving a passenger car (excluding buses) or a school bus with more than 20 passengers over the approved number.
Article 2. If the driver of a motor vehicle commits one of the following violations, 6 points will be deducted at a time:
3) Driving a passenger car (excluding buses) or a school bus that exceeds the approved number of passengers but does not reach 20, or driving other passenger vehicles that carry more than 20 people than the approved number.
Article 3. If the driver of a motor vehicle commits one of the following violations, 3 points will be deducted at a time:
A) driving passenger cars (excluding buses) and school buses other than passenger vehicles carrying more than 20% of the approved number of people.
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12 points will be deducted for driving a commercial bus (excluding buses) or a school bus with more than 20% of the approved number of passengers, and 6 points will be deducted for driving a commercial bus (excluding buses) or a school bus with more than 20% of the approved number of passengers, or driving other passenger cars with more than 20% of the approved number of passengers.
Highway passenger vehicles carrying more than the rated occupants shall be fined not less than 200 yuan but not more than 500 yuan, and if they exceed 20% (20%) of the rated occupants or carry goods in violation of regulations, they shall be fined not less than 500 yuan but not more than 2,000 yuan.
Precautions for passenger vehicles.
Passenger transport enterprises shall, in accordance with the regulations, install satellite positioning devices that meet the standards for the destruction of passenger cars, and access the monitoring platform, equip full-time personnel to implement dynamic monitoring of vehicles, and promptly discover and correct various violations and illegal behaviors such as not following the prescribed routes, speeding, and overtime driving. It is strictly forbidden for the satellite positioning device to malfunction and not be able to maintain the best tourist passenger vehicles to continue to engage in business activities.
Before traveling, it is necessary to understand the traffic characteristics and weather conditions along the driving route in advance, and try to avoid bad weather travel and avoid road sections with poor traffic conditions.
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