If I have a traffic accident due to work and need to drive a forklift without a license in my unit,

Updated on society 2024-04-30
6 answers
  1. Anonymous users2024-02-08

    Special operations without a license shall be held responsible: Article 82 of the Work Safety Law of the People's Republic of China If a production and business operation entity commits any of the following acts, it shall be ordered to make corrections within a time limit; If the correction is not made within the time limit, it shall be ordered to suspend production and business for rectification, and a fine of not more than 20,000 yuan may be imposed: (1) Failing to establish a production safety management organization or appoint production safety management personnel in accordance with regulations; (B) the production, operation, storage of dangerous goods units, as well as mines, construction units of the main responsible person and production safety management personnel in accordance with the provisions of the assessment qualified; (3) Failing to conduct education and training on production safety for employees in accordance with the provisions of articles 21 and 22 of this Law, or failing to truthfully inform employees of relevant production safety matters in accordance with the provisions of article 36 of this Law; (4) Special operations personnel have not been trained in special safety operations and obtained special operation qualification certificates in accordance with regulations, and are employed on duty.

    Article 90 Employees of production and business operation entities who do not obey the management and violate the rules and regulations of production safety or operating procedures, shall be criticized and educated by the production and business operation entity, and shall be punished in accordance with the relevant rules and regulations; Where a major accident is caused and a crime is constituted, criminal responsibility shall be pursued in accordance with the relevant provisions of the Criminal Law. In addition, for those who engage in special operations without training and assessment, Article 62 of the Regulations on the Administration of Work Safety in Construction Projects provides for administrative penalties; Where a major safety accident is caused and a crime is constituted, the persons directly responsible shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law. Article 40 of the "Provisions on the Administration of Safety Technical Training and Assessment of Special Operations Personnel" shall be ordered to make corrections within a time limit if the production and business operation entity uses special operations personnel who have not obtained the special operation certificate to work on the job; and where corrections are not made within the time limit, they shall be ordered to suspend production and business for rectification, and may be fined up to 20,000 yuan.

    If a coal mining enterprise uses special operators who have not obtained a special operation certificate to work on the job, it shall be punished in accordance with the provisions of the Special Provisions on the Prevention of Coal Mine Production Safety Accidents.

  2. Anonymous users2024-02-07

    If a traffic accident occurs while driving a forklift without a license, the responsibility shall be borne according to the division of responsibility for the accident. His behavior of driving without a license shall be handled separately by the public security department.

    How to divide the responsibility for traffic accidents:

    1. If a road traffic accident is caused by the fault of one party, it shall bear full responsibility;

    2. If a road traffic accident occurs due to the fault of two or more parties, the primary responsibility, equal responsibility and secondary responsibility shall be borne 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;

    4. If one party intentionally causes a road traffic accident, the other party is not liable. Legal basis: Article 60 of the Provisions on Procedures for Handling Road Traffic Accidents stipulates that the traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by the parties' actions in the occurrence of road traffic accidents and the severity of their faults.

    1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party;

    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 a party intentionally causes a road traffic accident, the other party is not liable.

  3. Anonymous users2024-02-06

    1. How to punish the accident of driving a forklift without a license.

    1. The specific penalties for driving a forklift without a license are as follows:

    1) A fine of between 200 and 2,000 RMB may be given and detention for up to 15 days;

    2) The traffic accident liability certificate issued by the traffic police determines the responsibility for the accident, if the other party is fully responsible, the other party can be required to compensate, if it is determined that it is unlicensed driving and full responsibility for the accident, it is necessary to bear civil liability for compensation, and may also bear criminal liability.

    2. Legal basis: Article 99 of the Road Traffic Safety Law of the People's Republic of China.

    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 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 suspended;

    3) Fleeing after causing a traffic accident that does not constitute a crime;

    4) The motor vehicle is driving more than 50% 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 provided for in items 1, 3, or 5 through 8, they may be detained for up to 15 days.

    Article 101.

    In violation of the provisions of road traffic safety laws and regulations, a major traffic accident occurs, constituting a crime, criminal responsibility shall be investigated in accordance with law, and the traffic management department of the public security organ shall revoke the motor vehicle driver's license.

    If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driving or source carrying license, and shall not re-obtain the motor vehicle driving license for life.

    2. How to deal with traffic accidents.

    1. After a traffic accident occurs, the first scene of the accident should be protected, and the accident should be reported to the traffic management department at the place where the accident occurred in a timely manner;

    2. Report the case to the insurance company;

    3. Take the vehicle insurance registration form to the Liyin Sakura Compensation Department for damage assessment, and determine the repair items and repair costs;

    4. Car repair; 5. Submit documents to the insurance company;

    6. Receive compensation.

  4. Anonymous users2024-02-05

    If there is an accident with a forklift in the factory, the employer shall bear it. If a staff member drives a forklift in the factory due to the performance of work tasks, the employer shall bear the tort liability. After the employer bears tort liability, it may recover compensation from the employee who committed intentional or gross negligence.

  5. Anonymous users2024-02-04

    The accident of unlicensed forklift truck in the factory is as follows:

    1. If the driver of the forklift is employed by the unit, the unit shall bear the liability for compensation;

    2. If the driver of the forklift is employed by an individual, the employer shall be liable for compensation;

    3. The two parties may negotiate in advance for compensation disputes, and if the negotiation fails, they may file a lawsuit with the court.

    Driving without a license and being considered driving without a license can occur in the following nine situations:

    1. Those who do not have a driver's license;

    2. Illegally obtaining a driving permit without taking the test;

    3. The driver's license has been cancelled or revoked;

    4. Those who do not meet the driving conditions (age and health status) and illegally obtain a driver's license;

    5. The driver's license has expired;

    6. The driver's license is suspended;

    7. Driving a civilian motor vehicle with a driving license from the military or armed police force;

    8. Holding an overseas motor vehicle driver's license to drive in China;

    9. Driving a vehicle that exceeds the maximum permitted driving type.

    Legal basis]:

    Article 1191 of the Civil Code of the People's Republic of China.

    If an employee of an employer dismantles his brother and pretends to be a brother and causes damage to others due to the performance of his work tasks, the employer shall bear tort liability. After the employer bears tort liability, it may seek compensation from the employee who has intentionally or grossly negligently. During the period of labor dispatch, if the dispatched staff member causes damage to others due to the performance of work tasks, the employing unit accepting the labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear the corresponding responsibility.

  6. Anonymous users2024-02-03

    If you drive a forklift without a license, you may not be responsible for the slippage in the event of a traffic accident.

    Responsibility for the accident is determined on the basis of the cause of the accident and other disorderly circumstances.

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