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If a motor vehicle is temporarily impounded, the driver, the owner, and the vehicle manager shall bring all the legal procedures for the temporary seizure of the motor vehicle to the vehicle management office within 30 days and apply for the receipt of the motor vehicle.
In accordance with the Regulations for the Implementation of the Road Traffic Safety Law
Article 107 If the driver, owner or manager of a motor vehicle that has been detained in accordance with the provisions of Articles 92, 95, 96 and 98 of the Road Traffic Safety Law fails to provide a legal certificate of the detained motor vehicle within 30 days, fails to go through the corresponding formalities, or does not come to accept the handling after being notified by the traffic management department of the public security organ and within 3 months after the announcement, the traffic management department of the public security organ shall send the motor vehicle to a qualified auction agency for auction. The proceeds are paid to the State Treasury; Illegally assembled motor vehicles are to be dismantled; Motor vehicles that meet the scrapping standards shall be scrapped; If the motor vehicle is involved in other illegal or criminal acts, it shall be transferred to the relevant departments for handling.
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The analysis is as follows: driving without a license shall be punished according to the following provisions depending on the severity of the specific circumstances:
1. If the driver of a motor vehicle hands over a motor vehicle to a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or temporarily detained, the motor vehicle driver's license shall be detained, and the motor vehicle driver's license may be revoked concurrently.
2. Anyone who drives a motor vehicle without obtaining a motor vehicle driver's license, during the period when the motor vehicle driver's license is revoked or suspended, or who hands over the motor vehicle to a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or temporarily detained, shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ, and may be detained for 15 days.
3. Special statement: For those who do not carry a motor vehicle driver's license, regardless of whether the driver violates the law during the driving process, they are not allowed to continue to drive the vehicle. The traffic management department of the public security organ shall detain the motor vehicle and notify the driver to provide a driver's license.
4. According to the different circumstances of the driver's license provided, it will be processed separately. a) If the driver's license provided is true and legal and there is no illegal act while driving, a warning or a fine of 20-200 yuan will be given, and the motor vehicle will be returned in time; b) If the driver's license provided is true and legal but there are illegal acts from time to time, the motor vehicle shall be punished according to the circumstances of the violation and the failure to carry the driver's license, and the motor vehicle shall be returned in a timely manner; c) If the driver cannot provide a real and legal motor vehicle driver's license, it will be regarded as driving without a license, and it can be dealt with in accordance with the circumstances of (1) and (2). For those who do not have a car and borrow a car and have a car accident, it will be treated as a crime.
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According to the relevant laws and regulations of our country, driving a motorcycle without a license and without a license is detained by the traffic police, and the fine must be paid on time, and the car can be withdrawn. Driving without a license is best done within 15 days. The driver shall pay the fine within 15 days, and then the traffic police issue a release certificate, with all the legal certificates of the temporarily impounded vehicle, the driver, the owner, the vehicle administrator, shall apply to the designated place within 4 months to receive the motor vehicle, more than the specified time is not collected, will be auctioned according to law.
Article 99 of the Road Traffic Safety Law 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. 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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If you pay the fine on time, you can withdraw the car. Driving without a license is best done within 15 days. The driver shall pay the fine within 15 days, and then the traffic police shall issue a release certificate, with all legal certificates of the temporarily impounded vehicle, and the driver, the owner, and the vehicle administrator shall apply to the designated place within 4 months to receive the motor vehicle.
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How to get back if you drive a motorcycle without a license Your question is to ask how to get back a motorcycle detained without a license, you must not have a good understanding of this situation, because you are driving without a license, and you can only find an acquaintance to take the car back.
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Go to the traffic police to deal with it and accept the punishment ......
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Legal Analysis: You can get it back, but you have to accept the penalty. Anyone who drives a motor vehicle without obtaining a motor vehicle driver's license, has a motor vehicle driver's license revoked, or has a motor vehicle driver's license suspended shall be fined between 200 and 2,000 RMB, and may be detained for up to 15 days.
Bring your ID card, car purchase invoice, and certificate of conformity to the traffic police squadron to pay the fine before you can pick up the car in the parking lot. If there is no invoice or there is an invoice certificate that is lost, you will not be able to get the car.
Legal basis: Article 19 of the Road Traffic Safety Law of the People's Republic of China To drive a motor vehicle, a motor vehicle driver's license shall be obtained in accordance with the law. 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 license, meet the driving permit conditions stipulated by the public security department, and pass the assessment of the traffic 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.
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【Legal analysisIf you drive a motorcycle without a license and are detained by the traffic police, you can get the car back if you accept the punishment according to the regulations.
Article 99 of the Road Traffic Safety Law stipulates that "anyone who drives a motor vehicle without obtaining a motor vehicle driver's license, has his or her motor vehicle driver's license revoked, or has his motor vehicle driver's license suspended 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." ”
According to Article 99 of the Traffic Safety Law, a person who fails to obtain a motor vehicle driver's license 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. Whoever hands over a motor vehicle to a person who has not obtained a motor vehicle driver's license shall be fined not less than 200 yuan but not more than 2,000 yuan. If the vehicle formalities are complete, it will be returned to the owner when the administrative punishment is completed.
You need to bring your ID card, driving license and detention slip.
Legal basis"Road Traffic Safety Law of the People's Republic of China" Article 96 Anyone who forges, alters, or uses a forged or altered motor vehicle registration certificate, license plate, driving license, or driver's license shall be confiscated by the traffic management department of the public security organ, and the motor vehicle shall be detained for not more than 15 days, and shall be fined not less than 2,000 yuan but not more than 5,000 yuan shall be investigated for criminal responsibility in accordance with law. Anyone who forges, alters, or uses forged or altered inspection marks or insurance marks shall be confiscated by the traffic management department of the public security organ, and the motor vehicle shall be detained for not more than 10 days, and shall be fined not less than 1,000 yuan but not more than 3,000 yuan shall be investigated for criminal responsibility in accordance with law. Anyone who uses the motor vehicle registration certificate, number plate, driving license, inspection mark, or insurance mark of another vehicle shall be confiscated by the traffic management department of the public security organ, and the motor vehicle shall be detained, and a fine of not less than 2,000 yuan but not more than 5,000 yuan shall be imposed.
Where the parties provide corresponding legal certificates or complete the corresponding formalities, the motor vehicle shall be returned in a timely manner.
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Driving without a license. The motorcycle is seized by the traffic police, and after accepting the punishment in accordance with the law, the vehicle can be retrieved according to the procedure. According to Article 99 of the Road Traffic Safety Law, "a motor vehicle driver's license has not been obtained.
Those who drive a motor vehicle during the period when their motor vehicle driver's license is revoked or their motor vehicle driver's license is temporarily seized are to be fined between 200 and 2,000 RMB, and may be detained for up to 15 days. "The traffic police department will punish the driver according to the actual violation of the law, and after accepting the punishment, you can go to the traffic police department to apply for a stop to retrieve the motorcycle.
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Driving a motorcycle without a license is seized by the traffic police, and after accepting punishment in accordance with the law, the vehicle can be retrieved according to the procedure. According to Article 99 of the Road Traffic Safety Law, "a person who drives a motor vehicle without obtaining a motor vehicle driver's license, has his or her motor vehicle driver's license revoked, or has his or her motor vehicle driver's license suspended 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." "The traffic police department will punish the driver according to the actual violation of the law, and after accepting the punishment, you can apply to the traffic police department to retrieve the motorcycle.
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If you are driving a motorcycle without a license, you can get the vehicle back by providing your driver's license after paying the fine.
Several cases of car arrest are as follows:
1. Drinking alcohol or driving a motor vehicle after 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. Driving a motor vehicle when suffering from a disease that hinders safe driving or excessive fatigue.
The process of picking up the car after being detained by the traffic police is round:
1. Bring your personal ID card, original driver's license and driving license to the illegal processing window of the vehicle management office within 15 days of receiving the penalty notice to go through the violation punishment procedures;
2. Pay the fine at the designated bank;
3. After paying the fine, collect the release slip issued by the law enforcement unit with the parking place to pick up the car at the parking place.
Legal basisArticle 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 mark or 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 parties to provide the corresponding license plate or sign or go through the corresponding formalities, 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.
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