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Freight vehicles unloading on the roadside without permission will be forcibly towed away by the traffic law enforcement department and impounded for punishment, as for the length of time, it depends on whether it affects traffic and residents.
A legal operating vehicle refers to a vehicle that can be operated with the approval of the transportation management department. Generally, it refers to a vehicle that is engaged in special freight transportation for the purpose of profit. Non-commercial vehicles are freight vehicles that are not for profit, such as those used by stores for their own use.
Whether a vehicle is "operational" can be judged in the following ways:
1. According to the state's division of commercial vehicles and non-commercial vehicles, "operational" vehicles should have road transport qualification certificates, professional qualification certificates, and be registered as vehicles engaged in for-profit activities in the transportation management office.
2. According to practical customs, as long as the owner uses the car to engage in for-profit activities and obtains the corresponding remuneration, the vehicle should belong to the business vehicle, regardless of whether the car has obtained administrationLaws and RegulationsThe eligibility requirements set forth above.
3. In terms of time, if it is only an occasional rental of a vehicle between relatives and friends, and a certain fee is charged for the use of the vehicle, it should not be characterized as "operational". Because the lender has no subjective sense of profit, and there is an artificial factor of "personal relationship" between the renter and the lender in the process of renting the car, the purpose of the car rental company is to make a profit by renting out the vehicle for a long time.
Article 21 of the Road Transport Regulations of the People's Republic of China applies to engage in freight business, the following conditions shall be met:
1) There are vehicles that are suitable for their business and have been tested and qualified;
2) There are drivers who meet the requirements provided for in Article 22 of these Regulations;
3) Have a sound safety production management system.
Article 22 Drivers engaged in freight operations shall meet the following conditions:
1) Obtain the corresponding motor vehicle driver's license;
2) Not more than 60 years old;
C) by the districted municipal road transport authorities on the relevant freightLaws and Regulations, motor vehicle maintenance and cargo loading and storage basic knowledge test passed (except for the use of a total mass of 4500 kg and below ordinary freight vehicle drivers).
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Freight vehicles unloading on the roadside without permission penalty is a fine of more than 20 Yuan and less than 200 Yuan: according to the "Road Traffic Safety Law of the People's Republic of China" has corresponding provisions: Article 93 for violations of road traffic safety laws and regulations on motor vehicle parking, temporary parking provisions, can point out the illegal acts, and give a verbal warning, ordered to leave immediately.
If the driver of the motor vehicle is not at the scene or refuses to leave immediately despite being at the scene, obstructing the passage of other vehicles and pedestrians, a fine of not less than 20 yuan but not more than 200 yuan shall be imposed, and the motor vehicle may be towed to a place that does not obstruct traffic or a place designated by the traffic management department of the public security organ for parking. If the motor vehicle is damaged due to the incorrect method of towing, it shall bear the liability for compensation in accordance with the law.
Article 31 of the Road Traffic Safety Law of the People's Republic of China No unit or individual may occupy a road to engage in non-traffic activities without permission. Article 56: Motor vehicles shall be parked at designated locations. It is forbidden to park motor vehicles on the sidewalk; However, parking spaces designated in accordance with the provisions of Article 33 of this Law are excluded.
Temporary parking on the road shall not obstruct the passage of other vehicles and pedestrians.
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Our country's road laws and regulations stipulate that vehicles are forced to be towed away by traffic law enforcement departments as long as they affect and obstruct public safety and order, and the length of time is not affected by traffic and residents.
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1. How to punish the loading of goods in private cars.
1. The penalties for loading goods in private cars are as follows:
1) The specific penalty for private car pulling is to impose a fine of more than 200 yuan and less than 2,000 yuan, and oblige to apply for a road operation qualification certificate, and not to drive a business vehicle without a license;
2) If the goods pulled by a private car are transported for their own production and living needs rather than profit, they will not be subject to relevant penalties.
2. Legal basis: Article 64 of the Regulations of the People's Republic of China on Road Transport.
Persons who do not meet the conditions specified in Article 9 and 22 of these Regulations shall be ordered to make corrections by the competent departments of transportation of local people's transportation at or above the county level and shall be fined not less than 200 Yuan but not more than 2,000 Yuan; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Article 22.
Drivers engaged in freight business shall meet the following conditions:
1) Obtain the corresponding motor vehicle driver's license;
2) Not more than 60 years old;
3) The competent department of transportation of the people's government at the municipal level divided into districts has passed the examination of the basic knowledge of freight laws and regulations, motor vehicle maintenance and cargo loading and storage (except for drivers who use ordinary freight vehicles with a total mass of 4,500 kg and below).
2. What are the requirements for vehicle loading?
The requirements for vehicle loading are as follows:
1. The length, width and height of the load shall not be too long, and the load of the motor vehicle shall not exceed the approved load capacity on the motor vehicle driving license, and it is strictly forbidden to overload; The length and width of the load shall not exceed the carriage; The goods carried shall not be scattered or scattered;
2. Do not use scrapped vehicles to load, if the vehicle meets the mandatory scrapping standards, the bulletin board certificate is invalid, the public security traffic management department shall be confiscated, forced scrapping;
3. Vehicles shall not be illegally modified or assembled for loading.
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Legal analysis: The determination of truck violations includes the following types: 1. Violation of the regulations of each way; 2. Violating the provisions of the transfer of goods; 3. Violating other provisions of traffic rules; 4. Violating the principle of traffic safety.
Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 93 For those who violate the provisions of road traffic safety laws and regulations on motor vehicle parking and temporary parking, Bi Zhenlu may point out the illegal acts, and give a verbal warning of repentance, and order them to leave immediately.
Where the driver of a motor vehicle is not at the scene or refuses to leave immediately even though he is at the current brigade site, obstructing the passage of other vehicles or pedestrians, he shall be fined not less than 20 yuan but not more than 200 yuan, and the motor vehicle may be towed to a place that does not obstruct traffic or a place designated by the traffic management department of the public security organ for parking. The traffic management department of the public security organ shall not charge the party for the tow, and shall promptly inform the party of the parking location.
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Legal analysis: The determination of truck violations includes the following: 1. Violation of the regulations on the code attack on each road; 2. Violating the provisions of the transfer of goods; 3. Violating other provisions of traffic rules; 4. Violating the principle of traffic safety.
Legal basis: Road Traffic Safety Law of the People's Republic of China Article 93 Those who violate the provisions of road traffic safety laws and regulations on the parking and temporary parking of motor vehicles may point out the illegal acts, and give them a verbal warning to leave immediately.
Where the driver of a motor vehicle is not at the scene or refuses to leave immediately despite being at the scene, obstructing the passage of other vehicles or pedestrians, a fine of not less than 20 yuan but not more than 200 yuan shall be imposed, and the motor vehicle may be towed to a place that does not obstruct traffic or a place designated by the traffic management department of the public security organ for parking. The traffic management department of the public security organ shall not sell the trailer to collect fees from the parties, and shall promptly inform the parties of the parking location.
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Summary. If the percentage of the degree of overrun is less than 5, it is a slight overrun, and the law enforcement officers will not register, unload, compensate, or penalize, and educate and release;
Hello, there will be penalties for demerit points and fines.
If the percentage of the degree of overrun is less than 5, it is a slight overrun, and the law enforcement officers will not register, unload, compensate, or penalize, and educate and release;
If the percentage of the blind group is greater than or equal to 5 and less than or equal to 20, it is a relatively light overrun, and the law enforcement officers will register, and require the person to unload and load the goods by himself, pay the highway compensation fee according to the standard, and do not punish the gods, do not deduct points, and warn and educate;
Can the traffic police detain the car if it is parked on the side of the road in the loading yard and does not affect the traffic?
If the percentage of overrun is greater than or equal to 20 socks, it will be forced to unload, pay highway compensation fees according to the regulations, and impose penalties according to the severity of overrun, and it is recommended that the traffic police deduct points and deal with the freight motor vehicle that exceeds the approved cargo quality, and shall be fined not less than 200 yuan but not more than 500 yuan;
Hello dear, you can't detain the car.
If you are parked in the correct position and do not obstruct traffic, you will not be detained.
If you forcibly unlock the car, can we sue him?
Yes, you can go to the traffic police brigade to complain and compensate for your losses.
Forcibly unlocking the lock without informing the owner.
You can sue him.
You can go to the traffic police brigade to make a real-name complaint and make it clear.
You can check the monitoring of the local area and use it as evidence
The vehicle is overloaded to disturb the uproar, parked on the side of the road in the freight yard does not affect the traffic, the driver asked the freight yard to enter and unload, without the consent of the law enforcement department, Tandan forcibly unlocked the car to drive the car to the Lu Dazhi super station! Is there any problem with law enforcement?
Hello dear, please don't get too excited.
Who the hell is your expression forcibly unlocking.
If it is the traffic police's problem that forcibly unlocks the lock, you can go to the traffic police brigade to complain directly.
The traffic police did not notify the owner of the car to open the lock.
If you are not in violation, he does not have this power at all.
You can complain and sue him.
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