Traffic Accident Certificate Question 50

The transportation department determined responsibility, dissatisfied with the collection of evidence, and applied for a review.

The legal basis is the Regulations on Procedures for Handling Road Traffic Accidents

Article 45: The determination of road traffic accidents shall be based on lawful procedures, clear facts, credible and sufficient evidence, correct application of law, and fair division of responsibility.

Article 46 The traffic management department of the public security organ shall, according to the role of the party's conduct in the occurrence of a road traffic accident and the severity of the fault, determine the responsibility of the party.

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

Provincial-level public security organs may, in accordance with relevant laws and regulations, formulate specific detailed rules or standards for determining responsibility for road traffic accidents.

Article 51 Where a party has any objection to the determination of a road traffic accident, it may submit a written application for review to the traffic management department of the public security organ at the next higher level within three days from the date of delivery of the road traffic accident determination.

The application for review shall clearly state the request for review, its reasons and main evidence.

Article 52 The traffic management department of the public security organ at the next higher level shall make a decision on whether to accept the application within five days after receiving the written review application of the parties. In any of the following circumstances, the application for review shall not be accepted, and the parties shall be notified in writing.

1) Where either party initiates a lawsuit in a people's court and the court accepts it;

2) The people's procuratorate approves the arrest of a suspect in a traffic accident;

3) Road traffic accidents handled by applying simplified procedures;

4) Accidents that occur when a vehicle is passing outside the road.

If the traffic management department of the public security organ accepts the application for review, it shall notify the parties in writing.

Legal analysis: The traffic accident identification document refers to the technical conclusion made by the public security traffic management department after analyzing and ascertaining the basic facts, causes and responsibilities of the parties of the traffic accident through the investigation of the traffic accident scene, technical analysis and relevant inspection and appraisal conclusions, and the conclusion is not binding and enforceable.

Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 73 The traffic management department of the public security organ shall, on the basis of the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification document in a timely manner as evidence for handling the traffic accident. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.

Hello dear, the road traffic accident liability determination is a document formed by the public security traffic management department in accordance with traffic laws and regulations on whether the parties to the traffic accident have violated the rules, as well as the causal relationship between the violation and the consequences of the traffic accident. The road traffic accident identification document shall contain the following contents: (1) the basic information of the parties, vehicles, roads, and traffic environment of the road traffic accident; (2) The course of the road traffic accident; (3) Analysis of the evidence of road traffic accidents and the causes of the accidents; (4) The fault and responsibility of the parties involved in the road traffic accident or the cause of the accident; (E) the name and date of the traffic management department of the public security organ that made the determination of the road traffic accident.

Legal basis] Article 64 of the "Provisions on Procedures for Handling Road Traffic Accidents" states that the road traffic accident identification document shall contain the following contents: (1) the basic information of the parties, vehicles, roads and traffic environment of the road traffic accident; (2) The course of the road traffic accident; (3) Evidence of road traffic accidents and analysis of the causes of accidents; (4) The fault and responsibility of the parties involved in the road traffic accident or the cause of the accident; (E) the name and date of the traffic management department of the public security organ that made the determination of the road traffic accident. The road traffic accident identification document shall be signed or sealed by the traffic police, and shall be stamped with the special seal of the traffic management department of the public security organ for handling road traffic accidents.