What should I do if the substitute driver violates the law? What to do if the substitute driver viol

1. In the case of deducting points and fines due to violations caused by substitute driving, the owner of the car can negotiate privately with the substitute driver, and the substitute driver will be responsible for the corresponding deduction of points and fines. 2. Complain to the corresponding driving platform. After the negotiation fails, the owner can complain to the substitute driving company to which the substitute driver belongs, and at this time the owner is required to provide relevant evidence of the violation of the substitute driver, and pay attention to saving the relevant order content, signed agreement and obtaining the violation time at the traffic management bureau to protect their legal rights.

Legal basis: Article 108 of the Road Traffic Safety Law of the People's Republic of China The parties concerned shall pay the fine at the designated bank within 15 days from the date of receipt of the administrative penalty decision of the fine.

Where the parties have no objection to fines for 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.

Substitute driver violations, this is the responsibility of the substitute driver, the platform will not be responsible, and it is not the responsibility of the car owner, find the substitute driver to deal with it.

Of course, it is the original owner who is responsible for the violation.

Legal analysis: If the substitute driver causes traffic violations due to his own reasons, the substitute driving company shall be liable, and the owner shall not bear the fine. Even if the owner of the car pays the fine, he should recover it from the driving company.

In the event of a traffic violation, the traffic police will issue a ticket, and the owner will deal with the violation with the ticket, and then bring the voucher for payment of the fine to the driving service company for compensation.

Legal basis: Article 24 of the Road Traffic Safety Law of the People's Republic of China 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.

Legal analysis: At present, there is no corresponding standard for dealing with issues that may arise in drunk driving services, such as the division of accident liability and the handling of disputes. If an accident occurs in the process of substitute driving, it is the same as the general traffic accident treatment, and the driver will be found when the accident occurs.

However, if the driver is photographed by the electronic police in the process of running a red light, speeding and other violations of traffic laws, the traffic police department will find the owner according to the license plate, and the final penalty will be the owner. As for how to distinguish responsibilities between the owner of the car and the substitute driver, this is a contractual relationship between the owner and the substitute driver, and the traffic police department cannot supervise it.

Legal basis: Road Traffic Safety Law of the People's Republic of China

Article 88 The types of punishments for road traffic safety violations include: warnings, fines, suspension or revocation of motor vehicle driving licenses, and detention.

Article 89 Pedestrians, passengers, or non-motorized vehicle drivers who violate road traffic safety laws and regulations on road traffic shall be given a warning or fined not less than 5 yuan but not more than 50 yuan; If the driver of a non-motor vehicle refuses to accept the fine and punishment, his non-motor vehicle may be detained.

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.

At present, there is no corresponding standard for dealing with issues that may arise in drunk driving services, such as the division of accident responsibility and the handling of disputes. If an accident occurs in the process of substitute driving, it is the same as the general traffic accident treatment, and the driver will be found when the accident occurs. However, if the driver is photographed by the electronic police in the process of running a red light, speeding and other violations of traffic laws, the traffic police department will find the owner according to the license plate, and the final penalty will be the owner.

As for how to distinguish responsibilities between the owner of the car and the substitute driver, this belongs to the contract between the owner and the substitute driver, and the traffic police department cannot supervise it. At the same time, there are two legal relationships in this situation: 1. The traffic police punish the illegal vehicle, whether it is the owner himself or the substitute driver, the illegal vehicle must bear the punishment; 2. If the owner entrusts the substitute driver to be fined for violating the regulations, even if the owner himself bears the fine, the owner has the right to recover from the substitute driver.

If the owner of the car does not have evidence to prove that it was the substitute driver who violated the violation, then he can only be held responsible.

Article 89 of the Road Traffic Safety Law.

Pedestrians, people riding in cavity models, and non-motorized vehicles that disturb and smooth drivers who violate road traffic safety laws and regulations on road traffic shall be given a warning or a fine of not less than 5 yuan but not more than 50 yuan; If the driver of a non-motor vehicle refuses to accept the fine and punishment, his non-motor vehicle may be detained.

Article 90. If a driver of a motor vehicle violates road traffic safety laws and regulations on road traffic, he 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.