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Based on your description, it can probably be judged like this.
First of all, if you want to get the car back without spending anything, for example, without paying a fine or being penalized, it is basically impossible.
After all, your vehicle is a mandatory scrapped vehicle, or a vehicle with incomplete documents, and the traffic police have the right to detain it.
But if you can provide the corresponding documents, such as driving license, driver's license, insurance policy, etc., and then accept a certain penalty from the traffic police brigade, you can redeem the vehicle. It's just a fine to pay.
If you don't have any documents to discuss, you will face a lot of penalties, you need to pay a lot of fines, or your vehicle may be directly forced to scrap by the traffic police brigade.
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This is not a question of whether the car is buckled or not, you still have to be punished, it is best to see the results first, and then think of other ways if you can't accept it!
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It's best to ask someone who doesn't have a driver's license to get it. Otherwise, you might deduct points or something.
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This is a scrapped car borrowed from a relative for a certain reason, and then unfortunately the car was detained; Of course, you can find a way to find someone to deal with it yourself, and it is best to take out the car and return it to your uncle; Otherwise, discuss with your uncle privately and sell it to you at a discount, even if you bought it, don't deal with it!
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If you don't know someone and get your driver's license revoked? There is also a traffic police ticket on the ticket also marked "recognize the person to deal with", what is going on?
I'll answer with a reward.
Millennium Bookworm 00
Let's talk about following to become the 128th fan.
If the owner and user of a motor vehicle are not the same person due to leasing or borrowing, the insurance company shall compensate within the limits of the compulsory insurance liability of the motor vehicle if a traffic accident occurs and it is the responsibility of the motor vehicle. For the insufficient part, the user of the motor vehicle shall be liable for compensation; If the owner of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.
If you lend the vehicle to the other party to drive knowing that the other party does not have a driver's license, and a traffic accident occurs, the lender is obviously at fault and shall bear certain responsibility, and if there is no fault, it shall not be liable for compensation. Of course, you will be held accountable for lending a car to someone to drive without a license, your driver's license will be revoked, and you will not be allowed to apply for a driving qualification for 2 years!
Responsibilities for driving without a license:
1. Those who drive a motor vehicle without obtaining a motor vehicle driver's license, have their motor vehicle driver's license revoked, or have their motor vehicle driver's license suspended are to be fined between 200 and 2,000 RMB, and may be detained for up to 15 days.
2. Driving without a license and a major accident occurs, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
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In this case, as long as you pay the fine, you can get the car out after completing the formalities.
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Formal way? Without. That car has been written off, that car is already a black car, and you are still breaking the law again. Scrapped by driving, or substandard vehicles on the road.
Even if you ask someone to get it out, the car won't be able to drive back.
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Of course, it is to find the owner, and then pay the fine!
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How to deal with the violation of others borrowing a car:
1. If it is caught on the spot, the person driving the vehicle needs to be punished;
2. If it is an off-site illegal act and the illegal driver cannot be confirmed, the traffic police department will deal with it in the name of the owner of the vehicle. If the owner of the vehicle knows that there is a defect in the motor vehicle, and the defect is one of the causes of the traffic accident, but still lends it, the owner of the car generally needs to be liable.
Civil Code of the People's Republic of China
Article 1165.
Where the perpetrator infringes upon the civil rights and interests of others and causes harm due to his fault, he shall bear tort liability.
Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability. Article 1166.
Where the actor causes harm to the civil rights and interests of others, and the suspicion is not balanced to determine whether the actor is at fault, and the law provides that tort liability shall be borne, follow those provisions. Article 1167.
Where the tortious act endangers the safety of the person or property of others, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing the obstruction, and eliminating the danger.
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There are three ways to deal with illegally borrowing someone else's car:
1. Handle it at the DMV, and bring the vehicle's driving license and your own driver's license.
Identity card. Go to the DMV to deal with the violation;
2.The vehicle's violation record is registered on the front of the vehicle, but the demerit points and fines are registered on the driver. So drivers can use their driver's license and ID card to deal with violations;
3.It can also be done at 12123
First open the 12123 client, enter the password and log in directly, and then enter the personal Zhongzu early heart.
Select the Motor Vehicle option at the top left of the page to see the current bound illegal vehicle information first.
If the vehicle is not linked, click Record more vehicles. When you bind another vehicle, select a template that is not your own vehicle, and then select an ICP filing method as prompted. There are two ways to file an ICP filing, one is to scan the QR code to talk about the ICP filing, and the other is SMS verification ICP filing, which is convenient to choose which way to operate the ICP filing, and then verify the owner information to complete the binding.
Next, you can return to the main interface, select the violation processing option, query your own violation and deal with it. Bad bumps.
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Legal analysis: After the traffic police have completed the identification of the vehicle, the owner can go to the vehicle management office to retrieve the vehicle.
Legal basis: Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property in Linglao Article 70 In any of the following circumstances, the parties may apply for cancellation of the registration of the mortgage right with the necessary materials such as the certificate of registration of the immovable property and the materials for the extinction of the mortgage right: (1) the extinguishment of the principal creditor's right; (2) the mortgage has been realized; (3) The mortgagee waives the right of mortgage; (4) Other circumstances in which laws and administrative regulations provide for the extinction of mortgage rights.
Provisions on the Registration of Motor Vehicles》 Article 24 Where an application is made for the release of mortgage registration, the owner of the motor vehicle shall fill in the application form, which shall be jointly applied by the owner of the motor vehicle and the person with the right to enter the mortgage, and submit the following certificates and vouchers: (1) the identity certificate of the owner of the motor vehicle and the mortgagee; (2) Motor vehicle registration certificate.
Where the people's court mediates, rulings or makes a judgment to lift the mortgage, the owner or mortgagee of the motor vehicle shall fill in the application form and submit the motor vehicle registration certificate, the effective Mediation Document, Ruling or Judgment issued by the people's court, and the corresponding Notice of Assistance in Enforcement.
The vehicle management office shall, within one day from the date of acceptance, review the submitted certificates and vouchers, and endorse the content and date of the release of the mortgage registration on the motor vehicle registration certificate.
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What should I do if I get deducted points when driving a car on the road? I believe this is a question that many people want to know, generally speaking, for his treatment, when dealing with the skin, we need to carry out a vehicle deduction according to a regulation of the traffic police department. 1. How to deal with vehicle violation deduction points 1. First go to the vehicle management office or traffic police brigade to check whether there is a violation.
2. There is no late fee for the violation record taken by the electronic eye or the ticket posted on the car by the driver at the scene. Therefore, if you have any violations after inquiry, you can wait for the car to be handed in at the annual review. 3. When processing, say the license plate number, show the driving license, and the driver's license.
The staff will issue a decision on the penalty for violations. 4. After getting the penalty decision, you need to go to the designated bank to pay the fee within 15 days. If you do not pay after 15 days, you will be charged a late fee, which will be 3% of the fine amount for each day.
5. There are two situations of deducting points: one is that the illegal deduction points do not exceed three points, which can be handled online in the traffic management system; The second is that if the deduction is more than three points, you can only go to the illegal processing window of the traffic management bureau to print the penalty decision, deduct the points, and then bring the documents to the corresponding bank to pay the fine. 2. Payment of fines for traffic violations1. Hold the "Decision on Punishment of Traffic Violations" (if there is a temporary detention certificate, you must also bring the "Traffic Management Temporary Detention Certificate"), pay the fine at the bank according to the regulations, and the local banks can pay the violation fine, through the POS machine of self-service payment.
Note: After checking the violation record online, you can wait for the traffic police bureau to send you the "Traffic Violation Penalty Decision", or you can go to the traffic police brigade or traffic monitoring center to get it. 2. Hold the "Receipt of Fines for Violation of Traffic Management", "Decision on Punishment of Traffic Violations" (if there is a temporary detention certificate, you must also bring the "Traffic Management Temporary Detention Certificate") and the driver's license and driving license of the party to the traffic police brigade for processing.
3. If the illegal project requires the suspension of the driver's license, it is necessary to suspend the driver's license according to the regulations, and the driver's license shall be retrieved with the "Execution Certificate of the Suspension of the Driver's License" after the expiration of the suspension of the driver's license. 4. If you are a driver with a Shenzhen driver's license, you only need to pay the fine directly to the bank if you do not need to revoke the license for violations.
Road Traffic Safety Act
Article 108.
The parties shall pay the fine to the designated bank within 15 days of receiving the written administrative penalty decision on 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.
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The following should be done to deal with the demerit points for vehicle violations:
1. Be prepared to deal with illegal materials, such as a driver's license;
2. Check whether the violation is your own vehicle;
3. Fill in the confirmation form for the parties to the traffic violation to voluntarily accept the punishment;
4. After Jian Chan fills it out, the traffic department will give a ticket to pay the money.
Road Traffic Safety Law of the People's Republic of China
Article 110.
If the traffic police performing their duties believe that the traffic offender should be given a penalty of temporary seizure or revocation of the driver's license of the motor vehicle, he may first detain the driver's license of the motor vehicle and transfer the case to the traffic management department of the public security organ within 24 hours.
Road traffic offenders shall be dealt with within 15 days at the traffic management department of the public security organ. If the disposition is not accepted within the time limit without a legitimate reason, the motor vehicle driver's license shall be revoked.
If the traffic management department of the public security organ temporarily withholds or revokes the driver's license of the motor vehicle, it shall travel and order the administrative punishment decision.
In this case, first, you can file a complaint with the labour inspectorate. Second, you can theorize with the leader. I'm sure you're not alone, you can send a representative. If you really can't do it, just eat in the cafeteria honestly, it's a pity not to eat after paying the money.
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