Editor's note: Recently, first " Henan rescuing team goes to return of another name for Guangdong Province providing disaster relief to be blocked " video is passed in the heat on the network, initiated netizen and trade the wide attention of relevant personage.
As civilian rescuing team, hand hold government of prefectural class people 3 prevent do governmental rescuing proof, is normative? High speed collects fees station when the staff member is handling an issue, is means method proper? It is the focus that pays close attention to this.
The rescuing behavior with rescuing painstaking and altruistic team lets a person admire, such commonweal behavior behoove gets supportive. But from the point of legal principle angle, the act of any derate pike must lawful, reasonable, otherwise " fair " 2 words rise from He Tan. Before controversy, the scientific basis that should have conviction letting a person and data are propped up, cannot disregard the public already appeal to beg, also cannot be kidnapped by public opinion.
On September 19, rescuing team finishs the Luoyang god eagle that Henan saves " Shan Zhu " rescuing task, from Guangdong returns Hunan, collect fees in hill of on top of the city wall of churchyard of Hunan of 2 wide high speed station, pass through because whether conflict is OK freely, bring about collect fees driveway stops a service to be as long as 6 hours.
As each big media coverage, pair of this matter controversy begin on the net. Controversy focus is this one rescuing motorcade passes through collect fees station whether should free. Legal laws and regulations and oneself work are simple related author union the view that talks about oneself.
Report from media picture and video check scheme can maintain the following content roughly, it is rescuing team of Luoyang god eagle is participated in to Guangdong " Shan Zhu " calamity comes to help, 2 it is rescuing group of Luoyang god eagle comes to help this 8 cars are followed row, 3 be hold of rescuing team of Luoyang god eagle is government of people of city of Guangdong province spring 3 prevent do to provide disaster relief for a piece when open proof.
" collect fees highway regulation " the 7th regulation: "Traffic of military vehicle, armed police unit, public security mechanism receives the processing on cost highway inside area under administration it is traffic accident, normal to carry out patrol the task and deal with the patron wagon making type of the unified mark of sudden incident, and branch of director of transportation of classics the State Council perhaps is saved, approval of government of people of municipality, municipality directly under the Central Government carries out rush to deal with an emergency to provide disaster relief the car of the task, avoid pay car toll. Avoid pay car toll..
Union " collect fees highway regulation " can make clear the 7th times, accord with rush to deal with an emergency to provide disaster relief avoid the car that makes car pike to have the following two conditions:
It is branch of director of transportation of classics the State Council or approval of government of people of province, municipality, municipality directly under the Central Government.
This is meant, or approval of traffic Department of Transportation, perhaps save government of one class people to approve, approval limits of authority is in traffic Department of Transportation or province government of one class people, if have approval,the archives should be dispatch of general office of government of outgoing message of government of traffic Department of Transportation, provincial people or general office of traffic Department of Transportation, provincial people. In author job, there also is branch of bureau of highway of traffic Department of Transportation or civil administration of provincial people government, aseismatic headquarters providing disaster relief to wait for orgnaization dispatch when body of this one stationery is carried out.
The 2 car that are task of executive rush to deal with an emergency providing disaster relief.
This means the car that passes through freely must be task of executive rush to deal with an emergency providing disaster relief, can be small-sized car, also can be passenger car, van, also can be car of equipment of project car, ambulance, fire engine, special type, but cannot include self-propelled project machinery, self-propelled project machine should lade with carriage car. In author job, close all previous crosses traffic Department of Transportation to put forward a request according to some ministries and commissions, help aid demand in the light of some province lash-up, what photograph adjacent province helps carry sprinkler and tank car is free current; Had coordinated transmit of traffic Department of Transportation file of some ministries and commissions, save rescuing requirement of fight a drought in the light of some, relevant province makes well machine through cartage.
Pass press and legal clause analysis, for summary, dispute of this one incident is in the following: It is rescuing team can pass through freely in other province, whether can be other collect fees the station passes through freely; 2 it is rescuing team begins rescuing work in Guangdong, whether can pass through freely in Hunan; 3 it is rescuing team holds flood prevention or control of government of people of class of county of ground be rescuinged to prevent the proof that office of headquarters of drought the root of fangfeng opens, whether can collecting fees the station passes through freely.
The author thinks, it is rescuing team can pass through freely in other province, do not stipulate on behalf of law afore-mentioned car can be in other collect fees the station passes through freely, from logistic relation, cannot understand to be able to pass through freely to be in A place, be in B place to also can pass through freely necessarily. 2 it is to want only it is to accord with " collect fees highway regulation " the car of the 7th rated condition, in the whole nation all province should pass through freely. 3 it is the proof that flood prevention or control of government of spring city people prevents office of headquarters of drought the root of fangfeng to open, do not accord with free current condition, at the same time this one proof also is not " approval executes mission of rush to deal with an emergency providing disaster relief " file, rescuing team of Luoyang god eagle is in charge of a branch without national traffic or save the approval file of government of one class people that is to say.
To this matter, on one hand, collect fees when the staff member explains, the station cites and issued relevant law clause, but ought not to say mechanically to did not receive tow car of this locality of ranking announcement, blame; On the other hand, rescuing team also should know a state relevant policy, abide by legal laws and regulations, avoid to happen bring about collect fees the case that driveway cannot provide a society for long to serve happens.
We are thanked and the big love of respectable folk rescuing group is not had border with altruistic dedication, but, everybody is equal before law, all car pass through to want to abide by law to set.
* the article takes the place of only him author viewpoint, do not represent 905 position.
