If overloading is criminalized, will anyone still want to be a truck driver?

The criminalization of overloading and overloading of trucks is not only a fine and a deduction of points, but also directly increases the cost of traffic violations of overloading and overloading of trucks, and it should be said that it has a positive effect on the management of overloading and overloading of trucks. This seems to be a logical thing, and it is also a necessary measure to ensure road traffic safety and people's lives and property, and many people support it. Moreover, as early as 2012, the "Opinions on Strengthening Road Traffic Safety" issued by the first country pointed out that the study will promote the serious speeding, overcrowding, overloading and other behaviors of passenger and freight vehicles to endanger public safety by dangerous methods, and investigate the criminal responsibility of the driver.

However, from the perspective of the reasons why truck drivers choose to overload and overrun, the punishment for overloading and overloading of trucks needs to be cautious.

Straighten out the road freight logistics market, so that truck drivers can be profitable and make money without overloading and overloading. If this is not done, it is not appropriate to push the overloading and overloading of trucks into prison. Only by regulating the freight market first, and then promoting the punishment of overloading.

Truck drivers can make money without overloading, so who will overload.

If you want the truck not to be overloaded, then the first requirement is that the enterprise ships according to the weight to load, then there is no overload. Don't always use truck drivers to open the knife, is it easy to drive a truck driver, leaving his hometown and abandoning his wife and children to earn some money and commit a crime.

I believe that no truck driver is willing to drive an overloaded vehicle, the truck driver itself is a high-level profession, overloading virtually increases the risk factor, and the standard truck is more worry-free and easier to drive. The reason why so many truck drivers are fined and demerit points for overloading is because there are too many overloaded vehicles, not more drivers who are willing to drive overloaded vehicles.

Surely no one wants to do it, I used to be a truck driver, and now I have resigned, I don't make a lot of money, and I am very tired, many truck drivers are not autonomous and voluntary overloading, but forced by market pressure, and now the freight market freight is so low, not to mention making money without overloading a trip, and it is good if you don't lose money. Criminalizing overloading may make many truck drivers quit the trucking industry. There are too many regulations for truck drivers, and the freight industry freight is getting lower and lower, and it is believed that truck drivers are not willing to risk their lives to overload.

Many trucks take the risk of choosing overloading and overrun, and the root cause is related to the non-standard logistics market of road trucks. Trucks, especially long-distance trucks, due to the distortion of the highway logistics market, the freight standard charged by truck drivers is not high, but they have to pay excessively high bridge tolls and tolls, resulting in unprofitable trucks running normally, and even losses. This forces truck drivers to choose the crooked idea of overloading and overloading if they want to make a profit and make a living, and they can pull a little more goods after a trip.

This also determines that even if the truck is overloaded and overloaded, it is difficult to curb the truck driver from taking risks and choosing to overload and overrun, because it is impossible for the truck driver to choose to run the transportation at a loss, and it is impossible for most truck drivers to change careers. If you are overloaded, no one will want to drive a truck.

Many old drivers have experience, some safety hazards and fines can be avoided in advance, car friends should carefully study the relevant laws and regulations, check the vehicle before driving, and regularly maintain the vehicle every month, which not only protects the safety of their lives and property, but also extends the service life of the car.

Truck drivers overload is not the driver has the final say, no, in fact, I can have the final say, all truck drivers bravely say no to overloading, all truck drivers say no to overloading, you can change, no overloading no money to make "the status quo, all truck drivers say no to overloading, you can promote the reasonable return of freight rates, all truck drivers say no to overloading, the car can wear less, life safety will be more guaranteed.

If you do that, you will only get public outrage, because that's not the root cause! No driver wants to be overloaded. I don't want to think about why the driver is unfair to look at the driver in this way!

To cure the super, you must first cure the people who are super, and those people who are not standardized cannot be cured no matter how they are governed.

If it's really a sentence, that's good.

Overloading is generally not punishable.

1. The load of the motor vehicle shall conform to the approved load weight, and it is strictly forbidden to overload;

The length, width and height of the load shall not violate the loading requirements, and the load shall not be spilled or scattered.

2. 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;

3. 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.

What is the penalty standard for overloading large trucks? According to the new management regulations, the penalties for overloaded vehicles have also been significantly increased, and the consequences of overloading vehicles will be more serious. Take a 3-axle semi-trailer as an example, if the total weight of the vehicle and cargo is 41 tons, according to the original standard, the overweight of this vehicle is 11 tons.

According to the discretionary basis of administrative penalties, the owner of the car will face a fine of 1,000 yuan and 2,000 yuan. According to the new penalty standard, the 3-axle semi-trailer exceeds 27 tons, and the total weight of the vehicle and cargo reaches 41 tons, that is, the overrun is 14 tons, and the fine can reach 7,000 yuan. It is understood that the new management regulations clarify the discretion of punishment for illegal acts of size and weight overrun, according to the nature, circumstances and degree of harm of the violation.

Among them, if the size exceeds the limit, a fine of less than 200 yuan, more than 200 yuan and less than 1,000 yuan, and more than 1,000 yuan and less than 3,000 yuan shall be imposed according to the degree of overrun;If the weight exceeds the limit, the standard of a fine of 500 yuan for every 1,000 kilograms is clarified, and the more goods carried, the greater the punishment.

Legal basis

Article 48 of the Road Traffic Safety Law.

Motor vehicle load shall conform to the approved load weight, and it is strictly forbidden to overload;

The length, width, and height of the load shall not violate the loading requirements, and shall not be spilled or scattered.

Article 92.

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 the vehicle of the transport unit does not change after being punished by the front, the person in charge who is directly responsible shall be fined not less than 2,000 yuan but not more than 5,000 yuan.

Overloading of large trucks is not criminalized, but violating the provisions of the Road Traffic Safety Law will be subject to administrative penalties. Motor vehicle load shall conform to the approved load weight, and it is strictly forbidden to overload;The length, width and height of the load shall not violate the loading requirements, and the load shall not be spilled or scattered. 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.

The law depends on the evidence].

The Road Traffic Safety Law of the People's Republic of China, Book 9 and Article 12.

Highway passenger vehicles carrying more passengers than the rated occupants shall be fined not less than 200 yuan but not more than 500 yuan;Anyone who exceeds 20% of the rated occupancy or carries goods in violation of regulations 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 percent of the approved load weight or carries passengers in violation of the state's 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 in charge who is directly responsible shall be fined not less than 2,000 yuan but not more than 5,000 yuan.

Criminal liability for overloading: If the crime of dangerous driving is constituted, criminal detention and a fine shall be imposed. However, only if the perpetrator is engaged in school bus business or passenger transportation, and seriously exceeds the rated occupant capacity, the crime of dangerous driving will be constituted due to overloading.

Legal basisArticle 133-1 of the Criminal Law of the People's Republic of China.

Anyone who drives a motor vehicle on the road in any of the following circumstances shall be sentenced to short-term detention and shall also be fined:

1) Chasing, auctioning, destroying, and racing, where the circumstances are heinous;

2) Driving a motor vehicle while intoxicated;

C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit;

4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.

Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph.

Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.