Is the penalty for operation and management ownership too high? What is the basis for the penalty of

Sympathize with the landlord's experience, in response to the situation the landlord said, first, the laws and regulations do not give the traffic management department the authority to punish the vehicle for overloading and overloading. 2. Even if the local transportation bureau authorizes the local transportation management department to carry out vehicle overloading and overloading control on the rural roads (generally referred to as township roads) under the jurisdiction of the local transportation bureau, it is also necessary to carry relevant penalty documents and penalty documents with the vehicle. 3. For the punishment of oversized and overloaded trucks, relevant penalty documents and penalty documents shall be given.

At the same time, the overloaded vehicles should be unloaded, and the landlord said that the situation violated the above three articles, at least the law enforcement procedures were wrong. If the landlord thinks that it is necessary to reflect the problem, he can apply to the legal department of the local transportation bureau for administrative reconsideration, and if the landlord does not match the result of the administrative reconsideration, he can file a lawsuit with the court. Of course, it is also possible to complain to the Administrative Efficiency Office or to the local Letters and Visits Office to report the problem.

Which province is it?。。 It should be the "overrun" person of the Transportation Bureau. Transportation management, modification, certificates, or whatever.

I haven't heard of any overruns. You're right to don't let the fine now, like you say that they are violations, you have to have evidence, you can talk to their leaders. or the Commission for Discipline Inspection, a higher-level department.

Office of Laws and Regulations. They are not procedurally legal. I didn't give you a ticket either.

If you don't have any evidence, it's better not to make too much trouble, because you have a car, and it's not good to offend them haha. Hope it helps.

What is the basis for the penalty of the Transportation Management Office? The basis for the punishment of the transportation management office is based on Article 64 of the "Road Transport Regulations of the People's Republic of China". According to Article 64 of the Road Transport Regulations of the People's Republic of China:

Persons who do not meet the conditions of Article 9 and 22 of these Regulations driving road transport business vehicles, shall be ordered to correct by the road transport administration at or above the county level, and shall be fined not less than 200 Yuan but not more than 2,000 Yuan; where a crime is constituted, criminal responsibility is pursued in accordance with law. In violation of the provisions of these Regulations, passenger transport operators, freight operators, and road transport related business operators illegally transfer or lease road transport licenses, the road transport management agency at or above the county hail level shall order them to stop the illegal acts, confiscate the relevant certificates, and impose a fine of not less than 2,000 yuan but not more than 10,000 yuan; where there are unlawful gains, the unlawful gains are to be confiscated. Do you understand this explanation?

Transportation administration law enforcement is a category of transportation administrative law enforcement, which is under the management of local transportation bureaus. The law enforcement is based on the Regulations of the People's Republic of China on Road Transport, the Regulations on the Administration of the Safety of Hazardous Chemicals, the Regulations on the Administration of Road Passenger Interference Transport and Passenger Stations, and other legal and Zen regulations, as well as the regulations and measures formulated by each province itself. The problem lies in the regulations customized by the provinces, that is, legally, the transportation management department has no legal basis for fines and seizures of vehicles, they are based on local regulations, because the vehicles managed by the transportation management department are operating vehicles, what is an operating vehicle, that is, engaged in transportation business, whether it is pulling goods or delivering people, etc.

The provisions of speeding fines are as follows: According to the relevant regulations, if a motor vehicle is driving on the road and violates the speed limit, it will be punished according to the following provisions: 1. If the speed exceeds the speed limit by less than 10%, a warning will be given; 2. On roads where the speed limit is less than 50 kilometers in Zhengru, if the speed exceeds the speed limit by more than 10% and less than 20%, a fine of 50 yuan will be imposed; If the speed limit is exceeded by more than 20% but less than 50%, a fine of 100 yuan shall be imposed; If the speed limit exceeds 50% or less than 70%, a fine of 300 yuan shall be imposed; If the speed limit exceeds 70% per hour, a fine of 500 yuan shall be imposed; 3. On roads with a speed limit of more than 50 kilometers and less than 80 kilometers, if the speed exceeds the speed limit by more than 10% and less than 20%, a fine of 100 yuan shall be imposed; If the speed limit exceeds 20% or less than 50%, a fine of 150 yuan shall be imposed; If the speed limit exceeds 50% or more but less than 70%, a fine of 500 yuan shall be imposed; If the speed limit exceeds 70% of the speed limit, a fine of 1,000 yuan shall be imposed; 4. On roads with a speed limit of more than 80 kilometers and less than 100 kilometers, if the speed exceeds the speed limit by more than 10% and less than 20%, a fine of 150 yuan shall be imposed; If the speed limit is exceeded by more than 20% but less than 50%, a fine of 200 yuan shall be imposed; If the speed limit exceeds 50% or less than 70%, a fine of 1,000 yuan shall be imposed; If the speed limit exceeds 70% of the hour, a fine of 1,500 yuan shall be imposed; 5. On roads with a speed limit of more than 100 kilometers, if the speed exceeds the speed limit by more than 10% but less than 50%, a fine of 200 yuan shall be imposed; If the speed limit is exceeded by more than 50% but less than 70%, a fine of 1,500 yuan shall be imposed; If the speed limit is exceeded by 70% or more, a fine of 2,000 yuan shall be imposed.

6. If the tourist bus, highway passenger vehicle, hazardous chemical transport vehicle, and civil ** goods transport vehicle exceed the speed limit by less than 50% per hour, a fine of 200 yuan shall be imposed; If the speed limit is exceeded by 50%, a fine of 500 yuan shall be imposed, and a fine of 200 yuan shall be imposed for each additional 5 kilometers, but the maximum shall not exceed 2,000 yuan.

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 violates the regulations by carrying cargo to attack cherry blossoms 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 directly responsible for the supervision of the group is to be fined between 2,000 and 5,000 yuan.

Legal analysis: if you engage in road transport business without authorization, you shall be ordered to stop operating by the road transport administration at or above the county level; where there are unlawful gains, the unlawful gains shall be confiscated and a fine of between 2 and 10 times the unlawful gains shall be imposed; where there are no unlawful gains or the unlawful gains are less than 20,000 RMB, a fine of between 30,000 and 100,000 RMB is to be given; where a crime is constituted, criminal responsibility is pursued in accordance with law. If the motor vehicle maintenance business does not meet the motor vehicle maintenance business standards formulated by the competent transportation department, the road transport administration at or above the county level shall order corrections; If the circumstances are serious, the road transport administration at or above the county level shall order it to suspend business for rectification.

Engaged in motor vehicle maintenance business type old, not in accordance with the provisions of the record, by the county level or above road transport management agency responsibility model rent pure order correction; where corrections are refused, a fine of between 5,000 and 20,000 yuan is to be imposed.

Legal basis: Regulations of the People's Republic of China on Road Transport

Article 65 In violation of the provisions of these Regulations, without permission to engage in road transport station (field) operation, motor vehicle driver training, by the county level or above road transport administration ordered to stop business; where there are unlawful gains, the unlawful gains shall be confiscated and a fine of between 2 and 10 times the unlawful gains shall be imposed; where there are no unlawful gains or the unlawful gains are less than 10,000 RMB, a fine of between 20,000 and 50,000 RMB is to be given; where a crime is constituted, criminal responsibility is pursued in accordance with law. If the motor vehicle maintenance business does not meet the motor vehicle maintenance business standards formulated by the competent transportation department, the road transport administration at or above the county level shall order corrections; If the circumstances are serious, the road transport administration at or above the county level shall order it to suspend business for rectification. Engaged in motor vehicle maintenance business, not in accordance with the provisions of the record, by the county level or above road transport management agency ordered to correct; where corrections are refused, a fine of between 5,000 and 20,000 yuan is to be imposed.

Article 66 In violation of the provisions of these Regulations, passenger transport operators, freight operators, and road transport related business operators illegally transfer or lease road transport permits, the road transport administration at or above the county level shall order them to stop the illegal acts, confiscate the relevant certificates, and impose a fine of not less than 2,000 yuan but not more than 10,000 yuan; where there are unlawful gains, the unlawful gains are to be confiscated.