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The 20th Session of the Standing Committee of the 11th National People's Congress decided to amend the Road Traffic Safety Law of the People's Republic of China as follows:
1. Amend Article 91 to read: "Whoever drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again are to be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have their motor vehicle driver's license revoked.
If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within five years.
Anyone who drives a commercial motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license for five years.
Anyone who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and the driver's license of the motor vehicle shall be revoked, and criminal responsibility shall be investigated in accordance with law; A motor vehicle driver's license shall not be re-obtained within ten years, and after the motor vehicle driver's license is re-obtained, a motor vehicle shall not be driven.
If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, and a crime is constituted, criminal responsibility shall be investigated in accordance with law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ, and the motor vehicle driver's license shall not be re-obtained for life. ”
2. Amend the first paragraph of Article 96 to read: "Anyone who forges, alters, or uses a forged or altered motor vehicle registration certificate, license plate, driving license, or driver's license shall be confiscated by the traffic management department of the public security organ, and the motor vehicle shall be detained for not more than 15 days and shall be fined not less than 2,000 yuan but not more than 5,000 yuan; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Anyone who forges, alters, or uses forged or altered inspection marks or insurance marks shall be confiscated by the traffic management department of the public security organ, and the motor vehicle shall be detained for up to 10 days and fined not less than 1,000 yuan but not more than 3,000 yuan; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Anyone who uses the motor vehicle registration certificate, number plate, driving license, inspection mark, or insurance mark of another vehicle shall be confiscated by the traffic management department of the public security organ, and the motor vehicle shall be detained, and a fine of not less than 2,000 yuan but not more than 5,000 yuan shall be imposed. ”
Paragraph 2 of former article 96 is the fourth paragraph.
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Is the driver's license that has not deducted points still reviewed?
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Article 95 Where a motor vehicle driving on the road does not hang a motor vehicle number plate, does not place an inspection mark or insurance mark, or does not carry a driving license or driver's license with the vehicle, the traffic management department of the public security organ shall detain the motor vehicle, notify the party concerned to provide the corresponding license plate or sign or go through the corresponding formalities, and may be punished in accordance with the provisions of Article 90 of this Law. Where the parties provide the corresponding licenses or signs or go through the corresponding formalities, the motor vehicles shall be returned in a timely manner.
Article 90 A driver of a motor vehicle who violates the provisions of road traffic safety laws and regulations on road traffic shall be given a warning or fined not less than 20 yuan but not more than 200 yuan. Where this Law provides otherwise, punishment is to be given in accordance with the provisions.
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Even if it's an old one, you can't get on the road without a license! Didn't you ask him to give you a temporary license plate when you bought the car? The traffic law stipulates that a new car must have a temporary license plate on the road, so the answer You know it adds:
If you don't take the main road, you won't have an accident, you won't be on the road without a license, and you'll be fine! If you hide from the traffic police, you can get on the highway.
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Hey, the old and the new are the same! If you don't take a photo, you must have a temporary license! 10 yuan a month! Don't worry about taking pictures yet!
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The State implements a registration system for motor vehicles. Motor vehicles can only be driven on the road after being registered by the traffic management department of the public security organ. When a motor vehicle that has not yet been registered needs to be temporarily on the road, it shall obtain a temporary license plate.
The Road Traffic Safety Law establishes a vehicle registration system from a legal perspective, which has profound legal significance. For many years, there has been a debate as to whether the vehicle management function should be managed by the public security department or the transportation department, but this point is now clearly defined in the law. The purpose of implementing the motor vehicle registration system is to confirm the safety and environmental performance of the vehicle and determine the uniqueness of the vehicle.
The Road Traffic Safety Law stipulates that all motor vehicles on the road must be registered. If a motor vehicle is on the road before registration, it shall apply for a special license for temporary passage. It mainly includes new cars that have not received license plates and driving licenses and must be driven on the road; Vehicles that have lost their license plates or driving licenses need to be on the road and cannot return to their original place of residence within 15 days while waiting for the production and reissuance of new licenses; Mobile and test drives also need to apply for a temporary license plate.
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With the improvement of living standards, there are more and more vehicles on the road, and many netizens have questions about the time limit for the traffic police to deal with traffic accidents. If there is a need to conduct an inspection or appraisal, a traffic accident identification document shall be drafted within 5 days from the date on which the results of the inspection or appraisal are determined.
If all parties unanimously request mediation from the traffic management department of the public security organ, they shall submit a written application for mediation within 10 days from the date of receipt of the traffic accident certificate. In the case of death caused by a traffic accident, mediation shall begin from the date on which the funeral matters are completed; For injuries caused by traffic accidents, mediation begins from the date of termination or disability; In the case of property damage caused by a traffic accident, mediation shall commence from the date on which the damage is determined. The time limit for the traffic management department of the public security organ to mediate the dispute over compensation for traffic accident damages is 10 days.
If an agreement is reached through mediation, the traffic management department of the public security organ shall make a mediation document and send it to the parties, and the mediation document shall take effect after being signed by all parties; If no agreement is reached in mediation, the traffic management department of the public security organ shall make a mediation conclusion and send it to the parties. Legal basis: Article 45 of the "Provisions on Procedures for Handling Traffic Accidents" The traffic management department of the public security organ shall, after investigation, determine the responsibility of the parties according to the role played by the party's behavior in the traffic accident and the severity of the fault.
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1. The time limit for traffic violations is a few days to deal with.
1. According to the "Regulations on the Handling Procedures for Road Traffic Safety Violations", generally speaking, the violation can be inquired on the Internet within 15 days after the violation, and the traffic police department can send you a letter, but as long as it can be checked online within 15 days, it is not subject to the one-month limit.
2. The time to pay the fine is within 15 days of receiving the letter, and the general traffic police send ** letters, which can find out the time when you received the letter.
2. The relevant laws and regulations of the "Provisions on Procedures for Handling Road Traffic Safety Violations".
52nd party overdue performance of the administrative penalty decision, the administrative penalty decision of the public security organs traffic management department may take the following measures:
1) Where fines are not paid when due, an additional fine of 3% of the amount of the fine is to be imposed for each day, and the total amount of the additional fine must not exceed the amount of the fine;
2) Apply to the people's court for compulsory enforcement.
Article 53 If the traffic management department of the public security organ imposes a penalty of temporary seizure or revocation of the motor vehicle driver's license to a motor vehicle driver who is not in its jurisdiction, it shall, within 15 days from the date of making the penalty decision, transfer the motor vehicle driver's license to the traffic management department of the public security organ at the place of issuance.
Where the offender applies not to transfer the temporarily detained motor vehicle driver's license to the traffic management department of the public security organ at the place of issuance, it shall be approved and noted in the administrative punishment decision.
Article 54 Where the offender decides to be administratively detained and fined, the traffic management department of the public security organ shall inform the offender that he may entrust another person to pay the fine on his behalf.
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It must be for the traffic police to determine the responsibility for the accident. It looks like you don't even have a certificate of responsibility.
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In the past, when dealing with traffic accidents, the public security traffic management organs may, in accordance with relevant regulations, temporarily detain the vehicle responsible for the accident and order the party responsible for the accident to pay the accident compensation in advance. After accepting compensation for road traffic accidents, the court may promptly make a ruling on property preservation for vehicles and compensation temporarily seized by the public security traffic organs.
The new "Safety Law" and the "Provisions on Traffic Accident Handling Procedures" stipulate that the purpose of temporarily detaining the accident vehicle can only be the need for inspection and appraisal, and the temporary detention period is limited to 20 days, and if it needs to be extended, it can be extended for 10 days with the approval of the higher public security organ, and the vehicle will be released immediately after the inspection and identification, and the accident advance payment cannot be collected during this period.
In order to better ensure that the compensation for the victims can be paid, the traffic management authority may suggest that the court cooperate with the parties in applying for litigation preservation measures in accordance with the relevant provisions of civil litigation, and the court will preserve the vehicle that caused the accident to solve this problem.
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More emphasis is placed on protecting the interests of compliant drivers and pedestrians, and more severe penalties have been imposed on serious violations such as drunk driving, running red lights, driving without a license, and speeding!
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There have been significant changes in the traffic accident compensation system, and in some respects there have even been changes contrary to the original provisions.
The changes are mainly manifested in three major aspects:
1) Compensation standards.
Taking the death of one person as an example, the death compensation stipulated in the original "Measures" is roughly more than 50,000 yuan; The new standard of death compensation is divided into urban residents and farmers, with more than 167,000 yuan for urban residents and 63,000 yuan for farmers in Shandong Province.
The funeral fee was originally 800 yuan, but now it is more than 6,200 yuan.
Compensation rates for other items have also been raised.
2) Scope of Indemnity.
Solatium for moral damages: The new standard stipulates that there is solatium for moral damages, which is separate from the compensation for death and disability;
Post-disability care expenses: The original Measures did not stipulate the compensation for nursing expenses for injured persons who are unable to take care of themselves completely after the assessment of disability; The new standard provides for a 20-year claim for nursing care at a time, depending on the level of disability and the degree of dependence on care.
3) Indemnity Procedures.
The original "Measures" stipulate that the mediation of the traffic police is a necessary procedure: the damage caused by the traffic accident must be mediated twice by the traffic police, and if the mediation fails, there must be a mediation termination letter issued by the traffic police before the court can be sued;
The new Road Traffic Safety Law and its Implementing Regulations stipulate that the parties may either request the traffic police for mediation or go directly to the court without mediation. If the parties request the traffic police to mediate, all parties must unanimously request in writing. During the mediation period, if the parties file a lawsuit, the mediation shall be terminated.
Those who are dissatisfied with the determination of responsibility of the traffic police as stipulated in the original "Measures" may apply for administrative reconsideration by the higher-level authority. Some courts also accept administrative lawsuits against them.
But now, the traffic police's accident certificate is only one type of evidence in civil litigation. In the traffic police mediation jointly applied by the parties, the determination is the natural basis; In the court's civil compensation lawsuit, the traffic police's determination is only a relatively important piece of evidence, and it is no longer the natural basis for the court to hear the case. Based on the facts proved by the parties, the court may make a judgment based on different proportions of liability.
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The Road Traffic Safety Law of the People's Republic of China and the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China stipulate that the effective date is 1 May 2004.
In 2008, the state did not issue new regulations.
Supplement: All regions of the country have formulated their own implementation regulations in accordance with the "Road Traffic Safety Law of the People's Republic of China" and the "Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China". It is not clear what the latest regulations are in place by region.
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Adopted at the Fifth Session of the Standing Committee of the Tenth National People's Congress on October 28, 2003.
It was amended for the first time in accordance with the "Decision on Amending the Road Traffic Safety Law of the People's Republic of China" of the 31st Session of the Standing Committee of the Tenth National People's Congress on December 29, 2007.
Amended for the second time in accordance with the Decision on Amending the Road Traffic Safety Law of the People's Republic of China at the 20th Session of the Standing Committee of the Eleventh National People's Congress on April 22, 2011.
Now that the new regulations are out, you still have to wear seat belts in urban areas, and all cameras have been upgraded to capture. was caught by the traffic police at the scene, fined 50 yuan, and no points were deducted. . .
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