Know accident of intellectual ～ traffic to buckle the pertinent question of the car surely!
Foreword: Was bumped into, the other side says to do not have money compensate, can I let a policeman smash his car? The car was buckled, when can you want to come back? Not be out of pocket, forbid a policeman to put a car! With who the expenses that put a car goes out?
Such, involve the relevant issue that smashs a car to traffic accident, small make up thereinafter to introduce in detail for you!
One, why should the policeman smash a car?
The policeman smashs a car is to gather evidence, prove details of a case, the fact that happens to traffic accident then and reason responsibility undertake cognizance.
" law of road transportation safety " the 72nd the 2nd section provision " pointsman ought to have survey produce the expected result, examination to traffic trouble spot, gather evidence; Because collect evidential need, can detain accident car, but ought to appropriate is custodial, check in order to have. " and " program of road transportation trouble removal sets " (146 order) the 39th regulation " because collect evidential need, management department of transportation of public security mechanism can detain accident car, open proof of administrative coercive measures. The car that detain ought to appropriate is custodial. The car that detain ought to appropriate is custodial..
Visible, accident policeman buckles a car to just collect evidential need.
Of course, still have a kind of case, it is party has other illegal action, because of driving without other motor vehicle the person is replaced drive, illegal behavior had be notted eliminate, need is investigated or evidence keeps congruent account cannot instantly discharged, and adopt the coercive measures that detains car.
Basis " program of illegal behavior processing provides road transportation security " (105 order) the 25th regulation, those who have the following illegal state, also can be detained motor vehicle:
(one) go up the motor vehicle of transport travelling is not pensile brand of motor vehicle name, did not place mark of certificate of proof, insurance sign, perhaps did not carry card of motor vehicle travel, driver's license along with the car; (according to " law of road transportation safety " the 95th)
(2) have forge, falsification perhaps is used forge, the motor vehicle that the motor vehicle of falsification registers mark of mark of card of brand of certificate, name, travel, certificate of proof, insurance, driver's license to perhaps use other vehicle registers card of brand of certificate, name, travel, certificate of proof of suspicion of mark, insurance mark; (according to " law of road transportation safety " the 96th)
(3) did not cast those who defend compulsory insurance of liability of accident of motor vehicle traffic according to national regulation; (according to " law of road transportation safety " the 98th)
(4) car of highway passenger traffic or freight motor vehicle is overweighted (according to " law of road transportation safety " the 92nd)
(5) motor vehicle has the suspicion that be grabbed by pilfer;
(6) motor vehicle has go all out to install or be achieved discard as useless of standard suspicion; (according to " law of road transportation safety " the 100th)
(7) not explain get " pass of virulent chemical highway transportation " pass poisonous chemical of highway transportation drama;
(8) blame motor vehicle drives the person rejects to accept amerce to punish (according to " law of road transportation safety " the 89th)
After smashing a car subsequently and the problem that come is, by who trailer charge, downtime cost goes out? Can be the goods that carries on the car detained?
2, by who trailer expenses is assumed?
The policeman adopts coercive measures to buckle the behavior of the car, trailer expenses should be assumed by the policeman department that makes a decision.
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If be the accident rescues them,behavior attributes accident loss, just should be assumed by responsibility when the thing. Rescue them the compensatory limits that charge also belongs to insurance company, insurance company also can assume this brushstroke to rescue them charge.
3, can be the goods that carries on the car detained?
" regulation of program of road transportation trouble removal " (146 order) the 39th the 2nd section provision: "Management department of transportation of public security mechanism must not detain content of carry cargo of accident car place. After checking weight, bulk and goods loss to what carrying goods to be in, announcement motor vehicle drives person or processing of goods everybody proper motion. Cannot notify party or party does not handle by oneself, according to " program of case of conduction administration of public security mechanism sets " concerned regulation is dealt with. According to " program of case of conduction administration of public security mechanism sets " concerned regulation is dealt with..
This provision is specific understandable for:
1, when detaining accident car, divide the goods that car place must not detain to lade outside illegal article. Forbidden the guaranty that detains goods to regard traffic accident as damages.
2, the weight that should verify content of car place carry cargo to investigate need, bulk, in order to fix car losing of whether overweighted, goods more or less to wait for accident fact.
3, to cannot notifying party or party does not handle by oneself, according to " program of case of conduction administration of public security mechanism sets " concerned regulation is dealt with. " program of case of conduction administration of public security mechanism sets " the 166th regulation: "The article that degenerative to easy decay etc keeps not easily, dangerous article, via approval of chief of public security body, in take a picture or auction, sell off or of short duration of on sale money paid for something purchased or received for something sold grants to save, concerned regulation processing is pressed after staying end a case. To exploding combustibly, easily, the dangerous article such as harm sex, radioactivity ought to be deposited in the special place that accords with dangerous article to deposit a condition. " (pick what compile from Yang Runkai " paraphrase of regulation of program of road transportation trouble removal and records make a standard " )
4, by who the expenses that put a car is assumed?
" administration is compulsive law " set the 26th times " because close down, the custodial charge of distrain happening is assumed by the executive authority. " " program of road transportation trouble removal sets " (146 order) set the 58th times " because arrest the charge of car happening,assume by the management department of transportation of public security mechanism that makes a decision, but management department of transportation of public security mechanism informs party is gotten, party exceed the time limit did not get the downtime cost of generation to be assumed by party proper motion. Party exceed the time limit did not get the downtime cost of generation to be assumed by party proper motion..
Visible, party is the park fee that does not need to assume a policeman to buckle a car to arise. But, policeman branch informs party is gotten, because of party exceed the time limit was not gotten and the downtime cost of generation is borne by party proper motion.
After the reason that smashs a car figures out, when can the issue that next I consider to everybody cares most put a car namely? Because smash a car,the person that after concern puts a car, the victim can cannot get compensation, cause trouble also worries likewise and cause battalion carry loss.
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5, how long is the car that be buckled OK discharged?
Because of the car that other illegal action is detained, be eliminated in illegal behavior or meet after seasonable processing discharged, how long is the accident traffic that because gather evidence,we basically say to be detained below met discharged.
" program of road transportation trouble removal sets " (146 order) the 49th need undertakes examining, of appraisal, management department of transportation of public security mechanism ought to according to concerned regulation, since the day that investigates an end from trouble spot the appraisal orgnaization that has aptitude is entrusted to undertake examining inside 3 days, appraisal. Since the day that ends to field survey 3 need to examine in the future, of appraisal, ought to sign up for approval of management department of transportation of mechanism of public security of on classics one class.
Management department of transportation of mechanism of the 51st public security ought to examine certainly with appraisal orgnaization, the term that appraisal completes, affirmatory deadline must not exceed 30 days. More than 30 days, ought to sign up for approval of management department of transportation of mechanism of public security of on classics one class, but the longest must not exceed 60 days.
Management department of transportation of mechanism of the 55th public security ought to report to examining, appraisal opinion undertakes examine and verify, be in receive examine since the day of opinion of report, appraisal inside 5 days, will examine party of service of photocopy of opinion of report, appraisal, but the except that has one of following state:
(one) examine, appraisal process breaks the law or violate requirement of relevant and professional technology, the likelihood is affected examine justice of opinion of report, appraisal, objective;
(2) the; that appraisal orgnaization, appraiser does not have appraisal aptitude and requirement
(3) examine apparent basis is not worth opinion of report, appraisal;
(4) make false identification intentionally;
(5) appraiser ought to evasive and not evasive;
(6) check material is false or check material is damaged, do not have appraisal requirement;
(7) other possibility is affected examine justice of opinion of report, appraisal, external state of affairs.
Examine the money before opinion of report, appraisal has sets one of condition, via approval of controller of management department of transportation of mechanism of public security of prefectural class above, ought to be in receive examine since the day of opinion of report, appraisal entrust afresh inside 3 days examine, appraisal.
The 56th party to examining opinion of report, appraisal disagrees, application examines afresh, of appraisal, ought to since the day from service of management department of transportation of public security mechanism written application offers inside 3 days, via approval of controller of management department of transportation of mechanism of public security of prefectural class above, handle a case formerly the unit ought to be entrusted afresh examine, appraisal. Examine opinion of report, appraisal does not have this regulation fiftieth of 5 the first money status, via approval of controller of management department of transportation of mechanism of public security of prefectural class above, by handle a case formerly the unit is made forbid to grant to examine afresh, the decision of appraisal, be in since the day that makes a decision inside 3 days written announcement applicant.
Of accident of same liaison man same examine, appraisal item, examine afresh, appraisal with in the limit of.
The sun with affirmatory opinion of report of test of the 58th self check, appraisal rises 5 days inside, management department of transportation of public security mechanism ought to inform party gets the accident car that detain.
Because detain the charge of car happening to be assumed by the management department of transportation of public security mechanism that makes a decision, but management department of transportation of public security mechanism informs party is gotten, party exceed the time limit did not get the downtime cost of generation to be assumed by party proper motion.
Via informing party of the 30 car that do not get in the future, via announcement 3 months still do not get, handle lawfully to the car that detain.
Arrange the time limit smashing a car with legal above as follows now: After smashing a car, come make entrust appraisal 3 days (exceed 3 days to entrust need detachment to examine and approve) ＋ first during appraisal 30 days (if lengthen again + 30 days) opinion of ＋ service appraisal 5 days (or 3 days of new appraisal after the policeman examines) ＋ : 30 days are to point to natural day, the others is to point to weekday) ;
6, the agreement is not amounted to after mediation, or nonperformance agreement, can you still smash a car?
In the process of trouble removal, the fact that main job of the policeman is pair of accidents and form a reason to undertake investigating, hold bilateral responsibility.
As to mediation, it is the thing of party both sides, belong to the limits of civil compensation. Must want both sides to agree to mediate, and offer written application, policeman branch just can be accepted. And intercessory frequency also once.
If say not to amount to an agreement, or nonperformance agreement, then you have a way only, mention to the court namely civil suit. Policeman because be not amounted to,won't become an agreement, perhaps be not compensated for and continue to smash a car.
Should examine only opinion of report, appraisal decided, decide to the car is put after 5 days. Because of illegal behavior be adopted what coercive measures smashs a car, meet after illegal processing discharged.
Still exist in procedure of trouble removal practice a problem, it is policeman discharged car, party is not gotten, how does this kind of circumstance do?
7, how doesn't party get car to do?
" program of road transportation trouble removal sets " (146 order) the 58th the 3rd " via informing party of the 30 car that do not get in the future, via announcement 3 months still do not get, handle lawfully to the car that detain. Handle lawfully to the car that detain..
Undertake handling respectively according to different situation:
Did not achieve to the motor vehicle that detain discard as useless of the standard, make this motor vehicle qualified auction orgnaization sale by management department of public security transportation,
Already achieved to the car that detain discard as useless of the standard, basis " law of road transportation safety " the 14th regulation with the 100th, public security mechanism hands in tubal branch to should give car capture, discard as useless compulsively. (pick what compile from Yang Runkai " paraphrase of regulation of program of road transportation trouble removal and records make a standard " )
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Relevant law clause
" law of safety of transportation of road of People's Republic of China "
After management department of transportation of mechanism of the 72nd public security receives traffic accident to call the police, ought to send pointsman to drive instantly go to the spot, organize rescue to get hurt first personnel, take step, restore traffic as soon as possible.
Pointsman ought to have survey produce the expected result, examination to traffic trouble spot, gather evidence; Because collect evidential need, can detain accident car, but ought to appropriate is custodial, check in order to have.
Wait to state of the physiology of party, spirit professional stronger examine, management department of transportation of public security mechanism ought to entrust special orgnaization to have identification. Appraisal conclusion ought to be signed by appraiser.
" law of road transportation safety carries out byelaw "
Law of safety of transportation of road of the 107th according to the 92nd, the 95th, the 96th, the motor vehicle that the 98th regulation is detained, drive person or the lawful proof that person of everybody, management did not provide the motor vehicle that be detained inside 30 days, did not fill do corresponding procedure, perhaps do not come round to accept processing, management department of transportation of mechanism of classics public security informs and via announcement 3 months still do not come round to accept processing, deliver of this motor vehicle by management department of transportation of public security mechanism qualified auction orgnaization is auctioned, treasury of turn over to the higher authorities of earning money paid for something purchased or received for something sold; Spell the motor vehicle of outfit illegally to give demolish; Achieve discard as useless standard motor vehicle gives discard as useless; Etc of motor vehicle experience violates criminality, turn over concerned branch processing.
" administration of People's Republic of China is compulsive law "
The 26th is opposite close down, sequestered place, establishment or property, executive authority ought to appropriate is custodial, must not be used or mar; Cause losing, ought to assume liability to pay compensation.
To the place that close down, establishment or property, the executive authority can entrust the 3rd person to keep, the 3rd person must not be marred or arrogate to oneself is transferred oneself, deal with. Because of the loss that the reason of the 3rd person causes, after compensate of executive authority go ahead of the rest pays, authority chases after countervail to the 3rd person.
Because close down, the custodial charge of distrain happening is assumed by the executive authority.
" program of road transportation trouble removal sets " (146 order)
Thirtieth 9 need because of gathering evidence, management department of transportation of public security mechanism can detain accident car, open proof of administrative coercive measures. The car that detain ought to appropriate is custodial.
Management department of transportation of public security mechanism must not detain content of carry cargo of accident car place. After checking weight, bulk and goods loss to what carrying goods to be in, announcement motor vehicle drives person or processing of goods everybody proper motion. Cannot notify party or party does not handle by oneself, according to " program of case of conduction administration of public security mechanism sets " concerned regulation is dealt with.
Management department of transportation of mechanism of forbidden public security appoints the accident car that parking lot park detains.
The 49th need undertakes examining, of appraisal, management department of transportation of public security mechanism ought to according to concerned regulation, since the day that investigates an end from trouble spot the appraisal orgnaization that has aptitude is entrusted to undertake examining inside 3 days, appraisal.
Cadaver check-up check ought to be in since dead day inside 3 days entrust. Escape to traffic cause trouble of car examine, since the day that appraisal seizes car of cause trouble suspicion oneself entrust inside 3 days.
Since the day that ends to field survey 3 need to examine in the future, of appraisal, ought to sign up for approval of management department of transportation of mechanism of public security of on classics one class.
To the appraisal of mental disease, undertake by the appraisal orgnaization that has mental appraisal aptitude.
Fiftieth management department of transportation of mechanism of a public security ought to examine certainly with appraisal orgnaization, the term that appraisal completes, affirmatory deadline must not exceed 30 days. More than 30 days, ought to sign up for approval of management department of transportation of mechanism of public security of on classics one class, but the longest must not exceed 60 days.
Fiftieth management department of transportation of mechanism of 5 public security ought to report to examining, appraisal opinion undertakes examine and verify, be in receive examine since the day of opinion of report, appraisal inside 5 days, will examine party of service of photocopy of opinion of report, appraisal, but the except that has one of following state:
(one) examine, appraisal process breaks the law or violate requirement of relevant and professional technology, the likelihood is affected examine justice of opinion of report, appraisal, objective;
(2) the; that appraisal orgnaization, appraiser does not have appraisal aptitude and requirement
(3) examine apparent basis is not worth opinion of report, appraisal;
(4) make false identification intentionally;
(5) appraiser ought to evasive and not evasive;
(6) check material is false or check material is damaged, do not have appraisal requirement;
(7) other possibility is affected examine justice of opinion of report, appraisal, external state of affairs.
Examine the money before opinion of report, appraisal has sets one of condition, via approval of controller of management department of transportation of mechanism of public security of prefectural class above, ought to be in receive examine since the day of opinion of report, appraisal entrust afresh inside 3 days examine, appraisal.
Fiftieth 6 party to examining opinion of report, appraisal disagrees, application examines afresh, of appraisal, ought to since the day from service of management department of transportation of public security mechanism written application offers inside 3 days, via approval of controller of management department of transportation of mechanism of public security of prefectural class above, handle a case formerly the unit ought to be entrusted afresh examine, appraisal. Examine opinion of report, appraisal does not have this regulation fiftieth of 5 the first money status, via approval of controller of management department of transportation of mechanism of public security of prefectural class above, by handle a case formerly the unit is made forbid to grant to examine afresh, the decision of appraisal, be in since the day that makes a decision inside 3 days written announcement applicant.
Of accident of same liaison man same examine, appraisal item, examine afresh, appraisal with in the limit of.
Fiftieth the sun with affirmatory opinion of report of test of 8 self check, appraisal rises 5 days inside, management department of transportation of public security mechanism ought to inform party gets the accident car that detain.
Because detain the charge of car happening to be assumed by the management department of transportation of public security mechanism that makes a decision, but management department of transportation of public security mechanism informs party is gotten, party exceed the time limit did not get the downtime cost of generation to be assumed by party proper motion.
Via informing party of the 30 car that do not get in the future, via announcement 3 months still do not get, handle lawfully to the car that detain.
" program of illegal behavior processing provides road transportation security " (105 order)
The 25th has one of following state, detain car lawfully:
(one) go up the motor vehicle of transport travelling is not pensile brand of motor vehicle name, did not place mark of certificate of proof, insurance sign, perhaps did not carry card of motor vehicle travel, driver's license along with the car;
(2) have forge, falsification perhaps is used forge, the motor vehicle that the motor vehicle of falsification registers mark of mark of card of brand of certificate, name, travel, certificate of proof, insurance, driver's license to perhaps use other vehicle registers card of brand of certificate, name, travel, certificate of proof of suspicion of mark, insurance mark;
(3) did not cast those who defend compulsory insurance of liability of accident of motor vehicle traffic according to national regulation;
(4) car of highway passenger traffic or freight motor vehicle is overweighted;
(5) motor vehicle has the suspicion that be grabbed by pilfer;
(6) motor vehicle has go all out to install or be achieved discard as useless of standard suspicion;
(7) not explain get " pass of virulent chemical highway transportation " pass poisonous chemical of highway transportation drama;
(8) blame motor vehicle drives the person rejects to accept amerce to punish.
To producing road transportation accident, because collect what evidence needs, can detain accident car lawfully.
" program of case of conduction administration of public security mechanism sets "
The article that the 166th degenerative to easy decay etc keeps not easily, dangerous article, via approval of chief of public security body, in take a picture or auction, sell off or of short duration of on sale money paid for something purchased or received for something sold grants to save, concerned regulation processing is pressed after staying end a case.
To exploding combustibly, easily, the dangerous article such as harm sex, radioactivity ought to be deposited in the special place that accords with dangerous article to deposit a condition.
To belonging to by enroach on person well-meaning perhaps the property that the 3rd person owns legally, ought to registering, take a picture or kinescope, appraisal hind is returned in time still, make clear in records return returned reason, photograph of will original other people, detailed list puts a for future reference with the formalities that get.
Enter the material evidence that coil to shoulding not be, ought to take a picture to coil, original other people is handled according to concerned regulation after end a case.
