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According to the Road Traffic Safety Law and its implementing regulations, if a driver's license holder has been revoked for the crime of causing a traffic accident, the following conditions must be met before applying for reinstatement of driving qualifications:
have already served their sentence or have been exempted from criminal punishment in accordance with law;
Pass the examination prescribed by the Road Traffic Safety Act;
Get a new driver's license.
In addition, depending on the situation, different recovery periods need to be met. Generally speaking, if the driver's license is revoked for driving after drinking, the reinstatement period is 5 years; If the driver's license has been revoked due to a traffic accident, the reinstatement period is 10 years.
It should be noted that even if the above conditions are met, the restoration of driving qualifications is not guaranteed. Whether the driving qualification can be restored also needs to be considered by the relevant departments for review and approval. Therefore, if your driver's license is revoked due to a traffic accident, you need to understand your own situation and relevant regulations first, and apply for reinstatement as required.
1. The acceptance post shall review the application materials in accordance with the following procedures:
1) Review the "Application Form for Motor Vehicle Driver's License" and identity certificate submitted by the applicant. If the applicant applies for the renewal of the certificate at the same time, he or she should also review the "Physical Condition Certificate".
2) Verify the applicant's accumulated demerit points through the computer management system, as well as whether the applicant has been detained, suspended, cancelled, revoked or revoked the motor vehicle driver's license.
3) If the requirements are met, the application shall be accepted, the relevant information shall be entered, the relevant materials shall be stored, and the application form for the motor vehicle driver's license shall be signed or signed in the column of the "acceptance post", and the motor vehicle driver's license shall be made and issued.
2. The file management post checks the information of the computer management system, reviews and sorts out the data, binds and files. Note: When the vehicle management office handles the replacement business, if it is less than 90 days before the expiration of the validity period of the motor vehicle driver's license, it can handle the renewal business at the same time.
3. The following information is stored in the motor vehicle driver's license file:
1) The original application form for motor vehicle driving license.
2) A copy of your identification.
3) If you apply for the renewal of your card at the same time, you must also keep the original copy of the "Physical Condition Certificate".
In addition, drivers also need to pay attention to:
During the period when the motor vehicle driver's license is seized, detained or temporarily detained in accordance with the law, the motor vehicle driver's license that is reissued by the motor vehicle driver by concealment or deception shall be recovered by the traffic management department of the public security organ, and the motor vehicle driver's license and the "Public Security Traffic Management Transmission Notice" shall be forwarded to the vehicle management office for processing; If the motor vehicle driver's license is issued by the vehicle management office outside the administrative jurisdiction, it shall be transferred to the vehicle management and sales office at the place of issuance for processing. The vehicle management office restores the original motor vehicle driver's license information in the computer management system, and stores the "Public Security Traffic Management Transmission Notice" and the recovered motor vehicle driver's license file in the motor vehicle driver's license file.
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The way to reinstate a revoked driver's license for traffic offences is to regain your driver's license, and you need to re-register and take the driver's license from scratch just like a newcomer. After passing all the driver's license tests, the DMV will issue a license.
According to Article 19 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China, those who meet the driving permit conditions stipulated by the public security department can apply for a motor vehicle driver's license from the traffic management department of the public security organ.
Article 20 To learn to drive a motor vehicle, one shall first learn the laws and regulations of the road traffic safety law, laws and regulations, and related knowledge, and then learn the skills of driving a motor vehicle after passing the examination.
21st traffic management department of the public security organs shall apply for a motor vehicle driver's license for the examination, the examination is qualified, in the 5th issue of a motor vehicle driver's license; For those who fail to pass the examination, the reasons shall be explained in writing.
1. Sentencing for traffic accidents.
The sentencing for the crime of causing a traffic accident is based on Article 133 of the Criminal Law; Where the crime of dangerous driving violates the regulations on the management of transportation, causing serious injury or death, or causing major losses to public or private property, the sentence is up to three years imprisonment 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.
Article 133-1 Anyone who drives a motor vehicle on a road in any of the following circumstances is to be sentenced to short-term detention and a concurrent fine:
1) Chasing 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.
2. What are the criteria for filing a case for the crime of causing a traffic accident?
1. One person is killed or three or more people are seriously injured, and the person bears full or primary responsibility for the accident;
2. If there are more than 3 deaths, the person shall be equally responsible for the lead accident.
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If a major traffic accident occurs due to violation of the provisions of the Road Traffic Safety Law, the traffic police department shall revoke the motor vehicle driver's license in accordance with the law. At the same time, according to Article 15, Paragraph 1, Item 9 of the Regulations on the Application and Use of Motor Vehicle Driving Licenses, the parties concerned shall not apply for a motor vehicle driving license within two years.
Road Traffic Safety Law of the People's Republic of China (Law).
Article 101 Where a major traffic accident occurs in violation of the provisions of road traffic safety laws and regulations, 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.
If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life.
Regulations on the Application and Use of Motor Vehicle Driver's Licenses (Decree No. 162 of the Ministry of Public Security).
Article 15: In any of the following circumstances, a motor vehicle driver's license shall not be applied: (9) the motor vehicle driver's license has been revoked for less than two years due to other circumstances in accordance with law;
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After a certain number of years, you can retake the exam.
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